Young people are fascinated by juvenile crime and justice topics because they are exposed to these subjects daily through the media, school security, and other everyday experiences. Tapping this interest, Youth Justice in America directly engages the broadest range of high school students in an exciting and informed discussion of the U.S. juvenile justice system.
Youth Justice in America combines thoughtful commentary with selections from actual federal and state constitutional criminal law cases to explore issues of juveniles and justice. The book addresses tough, important issues that are part of many high school curriculums and directly affect today’s young people, including:
- How should we balance liberty with the need for an ordered society?
- How do we enforce order while maintaining constitutional rights?
- Should we treat juveniles differently than adult offenders?
Focusing on cases that relate to the Fourth, Fifth, Sixth, and Eighth Amendments of the U.S. Constitution, the subject matter comes alive through a unique blend of content, including:
- Selections from key cases that affect students;
- Easy-to-read definitions of important terms and concepts;
- Sidebar features;
- Engaging photos;
- Individual and class exercises;
- Age-appropriate sources for further reading.
Following in the footsteps of CQ Press’s acclaimed We the Students, Youth Justice in America fills a pressing need to make legal issues personally meaningful to young people. Written in a straightforward style that will appeal to all students, from high risk groups to AP classes, this is an essential acquisition for all libraries that serve students and teachers at the high school or undergraduate level, as well as public or subject-specific libraries whose patrons want information on political science, criminal justice, social work, and education. This resource is informed by the authors’ ongoing participation in the Marshall-Brennan Constitutional Literacy Project.
Table of Contents
About the Authors
1. AMERICAN SOCIETY, CRIME, AND THE CONSTITUTION
The Constitution and Crime
“We the People” and the War on Drugs: Politicians and Their Families, Athletes, Entertainers
Criminal Justice: Not the End of the Story
The American System of Juvenile Justice
2. WHAT IS CRIME?
Constitutional Limits on Government’s Power to Make Crimes
The Structure of Criminal Laws
3. FOURTH AMENDMENT: PROTECTION FROM UNREASONABLE SEARCHES AND SEIZURES
The Right to Be Left Alone
The Exclusionary Rule
Reasonable Expectation of Privacy
Fourth Amendment Search
Other Expectations of Privacy
What is a Seizure
Probable Cause and the Warrant Requirement
4. EXCEPTIONS SWALLOW THE RULE: WARRANTLESS SEARCHES
Exception 1: Hot Pursuit
Exception 2: Plain View
Exception 3: Search Incident to an Arrest
Exception 4: Automobile Exception
Exception 5: Consensual Searches
Exception 6: Reasonable Suspsicion
Exclusionary Rule Review
5. SCHOOL SEARCHES
Search of Belongings
Drug Testing and After-School Activities
Drug Testing for All Students?
Metal Detectors and the Constitution
6. FIFTH AMENTMENT: PRIVILEGE AGAINST SELF-INCRIMINATION
The Screaming Eagle
Protections against Self-Incrimination
Juveniles and the Miranda
What is Custody?
Pull Over, Jack
What is Interrogation?
The Dangers of False Confession
7. SIXTH AMENDMENT: RIGHT TO COUNSEL
The Right to Legal Counsel
Role of Legal Counsel
Role of the Defense
Right to Counsel for Juveniles
Right to Effective Counsel
Reality of Ineffective Counsel
A Quick Career Quiz
8. CRUEL AND UNUSUAL PUNISHMENT
The Death Penalty Today
The Death Penalty and Juveniles
Execution of People with Mental Retardation
Turning Over a New Leaf?
9. THE FUTURE OF YOUTH JUSTICE
The Goals of Criminal Punishment
Record Prison Populations
The Racial Dynamics of the Criminal Justice System
Felon and Ex-Felon Disenfranchisement
Life in Prison without Parole
Appendix A: The Case of Trevon Jones
Appendix B: Constitution of the United States
Appendix C: Glossary
Appendix D: Bibliography
Appendix E: Marshall-Brennon Fellows 1999-2005
Jamin B. Raskin, American University
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.