The Gault Case and Young People's Rights


Book Description

Discusses the 1968 case of 15-year-old Gerald Gault, how his case made it through the courts, what the Supreme Court decided, and the impact this has had on children's rights.




Young People, Rights and Place


Book Description

Concern is growing about children’s rights and the curtailment of those rights through the excesses of neoliberal governance. This book discusses children’s spatial and citizenship rights, and the ways young people and their families push against diminished rights. Armed initially with theoretical concerns about the construction of children through the political status quo and the ways youth rights are spatially segregated, the book begins with a disarmingly simple supposition: Young people have the right to make and remake their spaces and, as a consequence, themselves. This book de-centers monadic ideas of children in favor of a post-humanist perspective, which embraces the radical relationality of children as more-than-children/more-than-human. Its empirical focus begins with the struggles of Slovenian Izbrisani (‘erased’) youth from 1992 to the present day and reaches out to child rights and youth activists elsewhere in the world with examples from South America, Eastern Europe and the USA. The author argues that universal child rights have not worked and pushes for a more radical, sustainable ethics, which dares to admit that children’s humanity is something more than we, as adults, can imagine. Chapters in this groundbreaking contribution will be of interest to students, researchers and practitioners in the social sciences, humanities and public policy.




Uncivil Youth


Book Description

In Uncivil Youth, Soo Ah Kwon explores youth of color activism as linked to the making of democratic citizen-subjects. Focusing attention on the relations of power that inform the social and political practices of youth of color, Kwon examines how after-school and community-based programs are often mobilized to prevent potentially "at-risk" youth from turning to "juvenile delinquency" and crime. These sorts of strategic interventions seek to mold young people to become self-empowered and responsible citizens. Theorizing this mode of youth governance as "affirmative governmentality," Kwon investigates the political conditions that both enable youth of color to achieve meaningful change and limit their ability to do so given the entrenchment of nonprofits in the logic of a neoliberal state. She draws on several years of ethnographic research with an Oakland-based, panethnic youth organization that promotes grassroots activism among its second-generation Asian and Pacific Islander members (ages fourteen to eighteen). While analyzing the contradictions of the youth organizing movement, Kwon documents the genuine contributions to social change made by the young people with whom she worked in an era of increased youth criminalization and anti-immigrant legislation.




Monitoring Children's Rights


Book Description

Intense political, social and scientific efforts to improve the position of children are converging rapidly, centered on the UN Convention on the Rights of the Child. It is therefore reasonable to assume that there is broad consensus in the international community on how to take the position of children in society seriously. Despite the unique success of the Convention, the situation is such that it forces us, as a matter of urgency, to explore, develop and implement guarantees for effective monitoring of the implementation of the Convention's provisions. In the end, rights are only effective when implemented. This book, containing the contributions made and discussed at the European Conference on Monitoring Children's Rights (organized by Ghent University's Children's Rights Centre in December 1994), presents the results of interdisciplinary research into monitoring to a wider scientific forum. Several monitoring issues are tackled, with particular emphasis on the reporting system: what should be reported (the content of the reports) and who should report (the more formal and procedural aspects of reporting)? Apart from a suitable monitoring mechanism, there is also the self-executing force of the Convention, making it directly enforceable in national courts. Ongoing and dynamic monitoring can be a powerful impetus to making systematic progress in this area. The debate on monitoring the Children's Rights Convention may in this way expand into an attractive and exemplary debate on human rights conventions in general. This book will therefore not only meet the requirements of all those working in the field of children's rights, but can also provide appealing material for all those involved in the field of monitoring human rights.




Reforming Juvenile Justice


Book Description

Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.




Juvenile Crime, Juvenile Justice


Book Description

Even though youth crime rates have fallen since the mid-1990s, public fear and political rhetoric over the issue have heightened. The Columbine shootings and other sensational incidents add to the furor. Often overlooked are the underlying problems of child poverty, social disadvantage, and the pitfalls inherent to adolescent decisionmaking that contribute to youth crime. From a policy standpoint, adolescent offenders are caught in the crossfire between nurturance of youth and punishment of criminals, between rehabilitation and "get tough" pronouncements. In the midst of this emotional debate, the National Research Council's Panel on Juvenile Crime steps forward with an authoritative review of the best available data and analysis. Juvenile Crime, Juvenile Justice presents recommendations for addressing the many aspects of America's youth crime problem. This timely release discusses patterns and trends in crimes by children and adolescentsâ€"trends revealed by arrest data, victim reports, and other sources; youth crime within general crime; and race and sex disparities. The book explores desistanceâ€"the probability that delinquency or criminal activities decrease with ageâ€"and evaluates different approaches to predicting future crime rates. Why do young people turn to delinquency? Juvenile Crime, Juvenile Justice presents what we know and what we urgently need to find out about contributing factors, ranging from prenatal care, differences in temperament, and family influences to the role of peer relationships, the impact of the school policies toward delinquency, and the broader influences of the neighborhood and community. Equally important, this book examines a range of solutions: Prevention and intervention efforts directed to individuals, peer groups, and families, as well as day care-, school- and community-based initiatives. Intervention within the juvenile justice system. Role of the police. Processing and detention of youth offenders. Transferring youths to the adult judicial system. Residential placement of juveniles. The book includes background on the American juvenile court system, useful comparisons with the juvenile justice systems of other nations, and other important information for assessing this problem.




The Routledge History of Childhood in the Western World


Book Description

The Routledge History of Childhood in the Western World provides an important overview of the main themes surrounding the history of childhood in the West from antiquity to the present day. By broadly incorporating the research in the field of Childhood Studies, the book explores the major advances that have taken place in the past few decades in this crucial field. This important collection from a leading international group of scholars presents a comprehensive survey of the current state of the field. It will be essential reading for all those interested in the history of childhood.




The Constitutional Rights of Children


Book Description

This new edition upon the 50th anniversary of In re Gault includes expanded coverage of the Roberts Court’s juvenile justice decisions including Miller v. Alabama; explains how disregard for children’s constitutional rights led to the “Kids for Cash” scandal in Pennsylvania; new legal developments in the Gault case; and, updates the bibliography and chronology. When fifteen-year-old Gerald Gault of Globe, Arizona, allegedly made an obscene phone call to a neighbor, he was arrested by the local police, tried in a proceeding that did not require his accuser’s testimony, and sentenced to six years in a juvenile “boot camp”—for an offense that would have cost an adult only two months. Even in a nation fed up with juvenile delinquency, that sentence seemed excessive and inspired a spirited defense on Gault’s behalf. Led by Norman Dorsen, the ACLU ultimately took Gault’s case to the Supreme Court and in 1967 won a landmark decision authored by Justice Abe Fortas. Widely celebrated as the most important children’s rights case of the twentieth century, In re Gault affirmed that children have some of the same rights as adults and formally incorporated the Fourteenth Amendment’s due process protections into the administration of the nation’s juvenile courts.




Dilemma of Duties


Book Description

"Author Anne M. Corbin examines the unique role of defense counsel in juvenile courts, demonstrating the commonplace presence of role conflict, even among defenders in jurisdictions that clearly define this role, and showing the nature, extent, and impact of that role conflict on juvenile justice system stakeholders, processes, and policy"--