A New Juvenile Justice System: Total Reform for a Broken System

372 Pages·2015·1.798 MB·English

by  Nancy E. Dowd, (ed.)

A New Juvenile Justice System
Families, Law, and Society Series
General Editor: Nancy E. Dowd
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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
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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
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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