A New Juvenile Justice System: Total Reform for a Broken System PDF
Preview A New Juvenile Justice System: Total Reform for a Broken System
A New Juvenile Justice System Families, Law, and Society Series General Editor: Nancy E. Dowd Justice for Kids: Keeping Kids Out of the Juvenile Justice System Edited by Nancy E. Dowd Masculinities and the Law: A Multidimensional Approach Edited by Frank Rudy Cooper and Ann C. McGinley The New Kinship: Constructing Donor- Conceived Families Naomi Cahn What Is Parenthood? Contemporary Debates about the Family Edited by Linda C. McClain and Daniel Cere In Our Hands: The Struggle for U.S. Child Care Policy Elizabeth Palley and Corey S. Shdaimah The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law Cynthia Lee Starnes Children, Sexuality, and the Law Edited by Sacha Coupet and Ellen Marrus A New Juvenile Justice System: Total Reform for a Broken System Edited by Nancy E. Dowd A New Juvenile Justice System Total Reform for a Broken System Edited by Nancy E. Dowd With a Foreword by Charles J. Ogletree, Jr. NEW YORK UNIVERSITY PRESS New York and London NEW YORK UNIVERSITY PRESS New York and London www.nyupress.org © 2015 by New York University All rights reserved References to Internet websites (URLs) were accurate at the time of writing. Neither the author nor New York University Press is responsible for URLs that may have expired or changed since the manuscript was prepared. Library of Congress Cataloging-in-Publication Data A new juvenile justice system : total reform for a broken system / edited by Nancy E. Dowd ; with a foreword by Charles J. Ogletree, Jr. pages cm — (Families, law, and society series) Includes bibliographical references and index. ISBN 978-1-4798-9880-0 (cl : alk. paper) 1. Juvenile justice, Administration of—United States. I. Dowd, Nancy E., 1949– editor. II. Series: Families, law, and society series. KF9779.N49 2015 364.360973—dc23 2014045476 New York University Press books are printed on acid- free paper, and their binding materials are chosen for strength and durability. We strive to use environmentally responsible suppli- ers and materials to the greatest extent possible in publishing our books. Manufactured in the United States of America 10 9 8 7 6 5 4 3 2 1 Also available as an ebook To James Bell— who inspires us all This page intentionally left blank Contents Foreword xi Charles J. Ogletree, Jr. Acknowledgments xv Introduction: Re- visioning Youth Justice 1 Nancy E. Dowd Part I. Setting the Agenda 1. Child Well- Being: Toward a Fair and Equitable Public Safety Strategy for the New Century 23 James Bell Part II. Core Components 2. A Silent Sea Change: The Deinstitutionalization Trend in Juvenile Justice 47 Bart Lubow 3. Starting from a Different Place: The Missouri Model 63 Tim Decker 4. Doing Things Differently: Education as a Vehicle for Youth Transformation and Finland as a Model for Juvenile Justice Reform 86 Peter E. Leone 5. Delinquency, Due Process, and Mental Health: Presuming Youth Incompetency 104 David R. Katner Part III. Essential Perspectives 6. Why Should We Treat Juvenile Offenders Differently than Adults? It’s Not Because the Pie Isn’t Fully Baked! 129 Mark R. Fondacaro vii viii | Contents 7. Lost in Translation No More: Marketing Evidence- Based Policies for Reducing Juvenile Crime 139 Richard E. Redding 8. Building on Advocacy for Girls and LGBT Youth: A Foundation for Liberatory Laws, Policies, and Services for All Youth in the Juvenile Justice System 156 Barbara Fedders 9. Invest Upstream to Promote the Well-B eing of LGBT Youth: Addressing Root Causes of Juvenile System Involvement 172 Shannan Wilber Part IV. Critical Actors 10. Correcting Racial Disparities in the Juvenile Justice System: Refining Prosecutorial Discretion 193 Kristin Henning 11. Helping Adolescents Succeed: Assuring a Meaningful Right to Counsel 217 Carlos J. Martinez 12. Fit to Be T(r)ied: Ending Juvenile Transfers and Reforming the Juvenile Justice System 227 Richard Mora and Mary Christianakis 13. Applying J.D.B. v. North Carolina: Toward Ending Legal Fictions and Adopting Effective Police Questioning of Youth 239 Lisa H. Thurau and Sia Henry Part V. Support Systems 14. What If Your Child Were the Next One in the Door? Reimagining the Social Safety Net for Children, Families, and Communities 267 Wendy A. Bach 15. Immigrant Children: Treating Children as Children, Regardless of Their Legal Status 281 Elizabeth M. Frankel Contents | ix 16. Crossover Youth: Youth Should Benefit When the State Is the Parent 296 Robin Rosenberg and Christina L. Spudeas 17. Breaking the School- to- Prison Pipeline: New Models for School Discipline and Community Accountable Schools 301 Kaitlin Banner 18. No More Closed Doors: Ending the Educational Exclusion of Formerly Incarcerated Youth 311 David Domenici and Renagh O’Leary 19. Collateral Consequences of Juvenile Court: Boulders on the Road to Good Outcomes 333 Sue Burrell About the Contributors 349 Index 353
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