ADMJ 101 Lecture Notes - Lecture 23: Parens Patriae, Decatur, Illinois, Concurrent Jurisdiction

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21 Jun 2020
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6 african american students expelled for fighting at a high school football game. Muslim student arrested for bringing homemade clock to school. Parens patriae - state serves as temporary parent to re-socialize youth. Only those unresponsive to treatment removed from juvenile justice system and protections it afforded. Emerging legislation to transfer youths to criminal court. Increase in adolescents prosecuted in criminal court and incarcerated in adult correctional facilities over last 3 decades. Reflects larger social, cultural, and political movement. Rise of penal model of justice made youth responsible and accountable for criminal acts. Student victimization and growing fear of crime, 1990s to present. Serious violence in school still extremely rare. School trends similar to youth crime trends, generally. 1999 mass school shootings in columbine, co. Often cited as catalyst for zero tolerance policies. By 1999, vast majority of states had judicial waiver laws, 29 states had statutory provision, and 15 states had concurrent jurisdiction.

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