ISBN-10:
156802987X
ISBN-13:
9781568029870
Pub. Date:
04/25/2005
Publisher:
SAGE Publications
Youth Justice in America / Edition 1

Youth Justice in America / Edition 1

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Product Details

ISBN-13: 9781568029870
Publisher: SAGE Publications
Publication date: 04/25/2005
Edition description: Older Edition
Pages: 360
Product dimensions: 7.00(w) x 10.00(h) x (d)
Age Range: 14 Years

About the Author

Jamin B. Raskin is professor of constitutional law and the First Amendment at American University Washington College of Law and founder of its Marshall-Brennan Fellows Program, which places law students in public high schools to teach the We the Students constitutional literacy course. A former assistant attorney general for the Commonwealth of Massachusetts, Raskin is an active public interest lawyer, defending the rights of political expression and participation for both adults and young people. He is also the author of Overruling Democracy (2003) and dozens of law review articles, op-eds, and essays on constitutional law.

Table of Contents

Foreword x

Preface xii

About the Authors xiv

1 American Society, Crime, and the Constitution 1

The Constitution and Crime 5

"We the People" and the War on Drugs: Politicians and Their Families, Athletes, Entertainers 6

Criminal Justice: Not the End of the Story 9

The American System of Juvenile Justice 10

What Is the Juvenile justice System? 11

Why a Separate System for Juveniles? 11

Are Juveniles Different? American Society's View 13

Are juveniles Different? The Court's View 13

A Brief History of Juvenile Justice 14

What Happens in Juvenile Court? 17

Copping a Plea 18

D. L. v. State of Florida 20

Juvenile Detention 23

Juvenile Delinquency and Guilt 26

In the Interest of Jeffery Glassberg 27

When a Child Is Treated as an Adult Waiver to Adult Court 29

Judicial Review of Waiver to Adult Court 31

Kent v. United States 32

2 What Is Crime? 36

Constitutional Limits on Government's Power to Make Crimes 36

The Principle of Notice 37

The Principle of Harm 39

Lawrence v. Texas 40

The Structure of Criminal Laws 42

Theft Offenses 43

Offenses against Property 43

Offenses against the Person 44

Inchoate Crimes 45

Defenses 46

3 The Second Amendment, Youth, and Schools 50

The Second Amendment and Young People 50

History of the Second Amendment 50

The Meaning of the Second Amendment 50

District of Columbia v. Heller 52

The Second Amendment and Schools 61

4 Fourth Amendment: Protection from Unreasonable Searches and Seizures 65

The Right to Be Left Alone 65

The Exclusionary Rule 66

Reasonable Expectation of Privacy 68

Katz v. United States 70

Fourth Amendment Search 71

Constitutional Garbage 72

California v. Greenwood 73

Constitutional Baggage 76

Bond v. United States 77

Other Expectations of Privacy 79

Plane View 80

Copped Out 80

Non-Company Business 80

City Heat 81

Expectation of Privacy or Not? Search or Not? 82

United States v. Jones 84

What Is a Seizure? 89

Bad Bust Stop 90

The Free-to Leave Standard 90

United States v. Mendenhall 91

Seizure and Consent 93

Consent to Search 93

Florida v. Bostick 94

Seizures on the Street 97

California v. Hodari D. 98

Probable Cause and the Warrant Requirement 101

Probable Cause 102

Totality of Circumstances Test 103

Illinois v. Gates 103

The Warrant Requirement 107

5 Exceptions Swallow the Rule: Warrantless Searches 111

Exception 1 Emergency Circumstances-Hot Pursuit, Destruction of Evidence, and Public Safely 113

Exception 2 Plain View 116

Exception 3 Search Incident to an Arrest 118

Chimel v. California 118

Exception 4 Automobile Exception 120

Automobile Exception in Practice 122

The Problem with Pretext 124

Whren v. United Stales 125

Exception 5 Consensual Searches 128

In Re J. M., Appellant 128

Exception 6 Stop and Frisk 131

Terry v. Ohio 132

Refining the Definition of Reasonable Suspicion 138

Illinois v. Wardlow 138

A Reasonable Search 141

Realities of Reasonable Suspicion 142

Exclusionary Rule Review 146

6 School Searches 150

Search of Belongings 151

Standard for Searches 151

New Jersey v. T. L. O. 152

T.L.O. Review 158

Drug Testing and After School Activities 159

Vernonia School District v. Acton 159

Drug Testing for All Students? 167

Board of Education of Pottawatomie County v. Earls 167

Strip Searches 173

Safford Unified School District v. Redding 173

Metal Detectors and the Constitution 178

In Re Latasha W. 179

7 Fifth Amendment: Privilege against Self-Incrimination 182

The Screaming Eagle 183

Not Taking the Stand 184

The Purposes and Values Served by the Fifth Amendment 184

Protections against Self-Incrimination 186

The Miranda Case 188

Miranda v. Arizona 188

Juveniles and the Miranda Warnings 194

The Michael C. Case: Juvenile Waiver 195

Fare v. Michael C. 196

The Haley Case 200

What Is Custody? 201

J. D. B. v. North Carolina 202

Exercises: Custody or Not? 206

Answers: Custody or Not? 208

Pull Over, Jack 209

Ohio v. McCarty 209

What Is Interrogation? 212

Exercises: Interrogation or Not? 214

Answers: Interrogation or Not? 215

The Dangers of False Confession 216

8 Sixth Amendment: Right to Counsel 222

The Right to Legal Counsel 223

Role of Legal Counsel 223

Initial Meeting: Establishment of an Attorney-Client Relationship 224

Continuing Representation: Protection of Rights 225

Pretrial Duties: Investigation and Advice 225

Trial 226

Sentencing 226

Role of the Defense 228

Powell v. State of Alabama 229

Powell v. State of Alabama 230

Gideon v. Wainwright 234

Gideon v. Wainwright 236

Right to Counsel for Juveniles 239

The Case of Gerald Gault 239

Application of Gault et at 240

Juvenile Waiver of Right to Counsel 244

Right to Effective Counsel 246

Test of Ineffectiveness 247

Reality of Ineffective Counsel 248

A Quick Career Quiz 249

9 Cruel and Unusual Punishment 252

The Death Penalty Today 252

The Death Penalty and Juveniles 254

The Supreme Court and the Juvenile Death Penalty 254

Turning over a New Leaf? 255

Roper v. Simmons 256

Juveniles and Life Imprisonment without Parole 264

Graham v. Florida 265

Miller v. Alabama, Jackson v. Hobbs 271

10 The Future of Youth Justice 280

The Goals of Criminal Punishment 281

Record Prison Populations 282

First, Do No Harm: State Struggles with Record of Juvenile Injustice 283

Movement toward Decarceration 290

The Racial Dynamics of the Criminal Justice System 292

Felon and Ex-Felon Disenfranchisement 295

Gendered Offenders 296

Life in Prison without the Possibility of Parole 298

Appendix A The Case of Robert Jones 302

Appendix B Constitution of the United States 304

Appendix C Glossary 321

Appendix D Bibliography 328

Appendix E Marshall-Brennan Fellows 1999-2014 333

Index 341

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