Understanding Juvenile Law
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Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing customer.support@lexisnexis.com; or returning the invoice marked 'CANCEL'.
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
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This Understanding treatise discusses the various bodies of law in relation to a fundamental issue permeating the entire field of juvenile law: the extent to which the law should protect young people rather than recognize them as autonomous persons. While the law traditionally adopted a protectionist posture, recent legal developments appear to recognize autonomy rights of adolescents in certain contexts. These developments are praised by some commentators who advocate wholesale rejection of the paternalistic model in favor of a system that treats adolescents as full-fledged persons under the law. This book does not advocate any particular resolution of the current debate about the nature of the rights of young people; rather, it suggests that sensitivity to the issues and arguments entailed in that debate is essential to any true understanding of the present state of juvenile law.
With these concerns in mind, Understanding Juvenile Law begins with a general discussion of the nature of the rights of juveniles and the perception that young people constitute a unique class under the law. This theoretical introduction will serve as a background for subsequent discussion of juvenile law doctrine. The discussion separates aspects of juvenile law arising outside the juvenile justice system (defined in this text as the system of separate courts organized to deal with "delinquents" and "status offenders") from those arising within that system. This division is created as a useful means of organizing the doctrinal material, given the extensive body of rules that govern the juvenile justice system. Moreover, this organization permits the juvenile justice section to stand by itself as an independent text for students in courses that cover only that aspect of juvenile law.
The Fifth Edition of the treatise adds new material dealing with problems of child abuse and neglect outside the family. Liability of religious and educational organizations is addressed, including statutes of limitations issues. The educational organization material includes discussion of rights of students to be free from harassment and bullying.
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Table of contents
Part One: INTRODUCTIONChapter 1 MINORITY AS A LEGAL STATUS
1.01 OVERVIEW
1.02 DISTINGUISHING MINORS FROM ADULTSChapter 2: THE RIGHTS OF JUVENILES
2.01 OVERVIEW
2.03 THE PERSONHOOD THEORY
2.04 ACCOMMODATION OF PROTECTIONIST AND PERSONHOODPart Two: OUTSIDE THE JUVENILE JUSTICE SYSTEM
Chapter 3: THE CHILD AND THE FAMILY
3.01 GENERAL BACKGROUND
3.03 PARENTAL NEGLECT
3.04 ADOPTION
3.05 INHERITANCE
3.06 CHILD CUSTODYChapter 4: CHILD ABUSE
4.01 OVERVIEW
4.02 CHILD ABUSE LEGISLATION
4.03 THE JUDICIAL PROCESS
4.04 CRIMINAL OR CIVIL ALTERNATIVESChapter 5: PRIVATE LAW ISSUES OUTSIDE THE FAMILY
5.01 OVERVIEW
5.02 LITIGATION ISSUES
5.03 CONTRACTS
5.04 TORTS
5.05 PROPERTY
5.06 MAKING A WILL
5.07 EMPLOYMENTChapter 6: CONSTITUTIONAL RIGHTS
6.01 OVERVIEW
6.02 THE EARLY CASES: MEYER AND PIERCE
6.03 THE FIRST AMENDMENT
6.04 THE FOURTH AMENDMENT
6.05 THE EIGHTH AMENDMENT
[A] In School: Corporal Punishment
[B] Outside School: Capital Punishment
6.06 THE FOURTEENTH AMENDMENT
6.07 SUMMARYPart Three: THE JUVENILE JUSTICE SYSTEM
Chapter 7: THE JUVENILE COURT MOVEMENT
7.01 OVERVIEW
7.02 THE EMERGENCE OF JUVENILE COURTS
7.03 SUPREME COURT OVERSIGHTChapter 8: JURISDICTION
8.01 OVERVIEW
8.02 AGE
8.03 DELINQUENCY
8.04 STATUS OFFENSESChapter 9: THE PRE-ADJUDICATION PROCESS
9.01 OVERVIEW
9.02 POLICE INVESTIGATION
9.03 INTAKE AND DIVERSION
9.05 JUDICIAL WAIVER OF JURISDICTIONChapter 10: ADJUDICATION
10.01 OVERVIEW
10.02 DELINQUENCY
10.03 STATUS OFFENSESChapter 11: DISPOSITIONS
11.01 OVERVIEW
11.02 HEARING PROCEDURES
11.04 STATUS OFFENDERS
11.05 APPEALSChapter 12: THE FUTURE OF THE JUVENILE JUSTICE SYSTEM
12.01 OVERVIEW
12.02 DELINQUENCY
12.03 STATUS OFFENSESTABLE OF CASES
INDEX