By Aaron Kupchik
2007 Ruth Shonle Cavan younger pupil Award provided through the yankee Society of Criminology2007 American Society of Criminology Michael J. Hindelang Award for the main awesome Contribution to investigate in CriminologyBy evaluating how youth are prosecuted and punished in juvenile and legal (adult) courts, Aaron Kupchik unearths that prosecuting teenagers in felony courtroom doesn't healthy with our cultural understandings of youthfulness. for that reason, youth who're transferred to legal courts are nonetheless judged as juveniles. eventually, Kupchik makes a compelling argument for the suitability of youth courts in treating youth. Judging Juveniles means that justice will be higher served if teenagers have been dealt with through the procedure designed to deal with their designated wishes.
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Extra resources for Judging Juveniles: Prosecuting Adolescents in Adult and Juvenile Courts (New Perspectives in Crime, Deviance, and Law)
There are two basic strategies one could use for performing this kind of analysis. One method is to compare cases of adolescents in the juvenile court to those of adolescents in the same state or county who are transferred to the criminal court. This is feasible in states that use a discretionary transfer process to select some cases for transfer to the criminal court and retain other, comparable cases in the juvenile court. ). Because they come from the same geographic area, these data would allow researchers to compare the matched cases while holding constant environmental (political, economic, and broader cultural) influences.
1 Yet this single-site method has a substantial potential problem because it introduces the possibility of comparing different groups of adolescents. If court decision makers are selecting for transfer to criminal court the most serious offenders (as defined by prior record or offense 24 Law and Context | 25 severity) or those deemed less amenable to treatment, then the criminal court cases in such a data set might be different from the juvenile court cases. The finding that the criminal court is more likely to sentence adolescents to incarceration might be an artifact of the greater severity of the cases or offenders that are selected for the criminal court, thus confounding the effects of court type with case-level characteristics such as offense severity.
This book thus addresses a void in the juvenile justice literature about the practical differences between prosecution in juvenile court and in criminal court. Policy makers and academics seem to assume that as a result of jurisdictional transfer, criminal courts subject youth to a very different model of justice than juvenile courts, yet this hypothesis remains entirely untested. In the following chapters I illustrate how the degree of similarity between juvenile and criminal courts depends on the stage of case processing.