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Youth Justice in America

Youth Justice in America

Second Edition

July 2014 | 368 pages | CQ Press

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, Second Edition directly engages the broadest range of students in an exciting and informed discussion of the U.S. juvenile justice system. Written in a straightforward style that will appeal to all students, from high risk groups to AP and law and society classes, the authors combine thoughtful commentary with selections from actual federal and state constitutional criminal law cases to explore issues of juvenile justice. They address tough, important issues that 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 to 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; and 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. The second edition features new cases dealing with strip searches at school, life sentences without parole for juveniles, electronic surveillance, and examples drawn from recent events in the popular culture. The book’s freshly updated design facilitates student comprehension with new features such as legal definitions in the margin, a “Dissenting Voices” section to provide context for minority judicial opinions, new exercises, and much more.

Chapter 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  
Chapter 2: What Is Crime?
Constitutional Limits on Government’s Power to Make Crimes  
The Structure of Criminal Laws  
Chapter 3: The Second Amendment, Youth, and Schools
The Second Amendment and Young People  
The Second Amendment and Schools  
Chapter 4: 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  
Chapter 5: Exceptions Swallow the Rule: Warrantless Searches
Exception 1: Emergency Circumstances  
Exception 2: Plain View  
Exception 3: Search Incident to an Arrest  
Exception 4: Automobile Exception  
Exception 5: Consensual Searches  
Exception 6: Stop and Frisk  
Exclusionary Rule Review  
Chapter 6: School Searches
Search of Belongings  
Drug Testing and After-School Activities  
Drug Testing for All Students?  
Strip Searches  
Metal Detectors and the Constitution  
Chapter 7: Fifth Amendment: Privilege against Self-Incrimination
The Screaming Eagle  
Protections against Self-Incrimination  
Juveniles and the Miranda Warnings  
What Is Custody?  
Pull Over, Jack  
What Is Interrogation?  
The Dangers of False Confession  
Chapter 8: 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  
Chapter 9: Cruel and Unusual Punishment
The Death Penalty Today  
The Death Penalty and Juveniles  
Turning Over a New Leaf?  
Juveniles and Life Imprisonment Without Parole  
Chapter 10: 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  
Gendered Offenders  
Life in Prison without Parole  

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Maryam Ahranjani

Maryam Ahranjani (LLM, University of Pennsylvania Law School, JD, American University Washington College of Law) taught for ten years at the Washington College of Law and is a visiting professor of law at the University of New Mexico School of Law.  For five years, she served as associate director of the Marshall-Brennan Constitutional Literacy Project, which places law students across America in public high schools to teach constitutional literacy courses. Ahranjani is also the co-founder (with Andrew Ferguson) of the National Youth Justice Alliance, a non-profit organization that sends lawyers and law students to juvenile detention... More About Author

Andrew Guthrie Ferguson

Andrew Ferguson (L.L.M., Georgetown Law Center, JD Univ. Pennsylvania Law School), Associate Professor of Law at the David A. Clarke School of Law, University of the District of Columbia, teaches courses on criminal law, procedure, and evidence. He is author of Why Jury Duty Matters: A Citizen’s Guide to Constitutional Action (NYU Press).  He is co-chair of the ABA Criminal Justice Section’s Student Activities Committee, which runs the “Citizen Amicus Project,” a national project to involve law students in current Supreme Court cases. Previously, Professor Ferguson worked as a supervising attorney at the Public Defender Service for... More About Author

Jamin Ben Raskin

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. More About Author

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