Notable new forthcoming book on juve crime and punishment

I am pleased to see that Professors Christopher Slobogin and Mark Fondacaro have a new forthcoming book on juvenile justice which is titled “Juveniles at Risk: A Plea for Preventive Justice.”  I am also pleased to have discovered that the first chapter of this forthcoming book is now available via SSRN here. This is the abstract the authors have now posted on SSRN:

The current approach to the juvenile crime problem is insufficiently conceptualized and too beholden to myths about youth, the crimes they commit, and effective means of responding to their problems. The currently dominant punitive approach to juvenile justice, modeled on the adult criminal justice system, either ignores or misapplies current knowledge about the causes of juvenile crime and the means of reducing it.

We argue that, with some significant adjustments that take this new knowledge into account, the legal system should continue to maintain a separate juvenile court, but one that is preventive in orientation, with a new emphasis on both rehabilitation and flexible procedures.  The view that culpability should be the linchpin of juvenile justice (touted by liberals as well as conservatives) is misguided, not only because it leads to unnecessarily harsh punishment but also because it deemphasizes crime-reducing interventions and undermines the case for handling adolescent offenders through a system that is independent of the culpability-based adult system.  The currently popular view that adult-type procedures should govern the juvenile process is also open to serious doubt, given social science research that questions the extent to which such procedures promote accuracy and fairness.

Chapter 1, which elaborates on the book’s thesis, is provided here.

This book is especially timely in the wake of the Supreme Court’s work last year in Graham v. Florida.  Though Graham involved constitutional limits on punishment, the ruling should be viewed by legislatures as a call to begin re-thinking the modern approach to juvenile crime and punishment more broadly.