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38 - Judicial Decision-Making in Juvenile Dependency and Juvenile Justice Cases

from Part V - Other Legal Decision-Making

Published online by Cambridge University Press:  22 February 2024

Monica K. Miller
Affiliation:
University of Nevada, Reno
Logan A. Yelderman
Affiliation:
Prairie View A & M University, Texas
Matthew T. Huss
Affiliation:
Creighton University, Omaha
Jason A. Cantone
Affiliation:
George Mason University, Virginia
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Summary

This chapter examines individual, social, and environmental factors associated with judicial decisions in juvenile dependency and juvenile justice cases. The structure and process of juvenile justice decisions are described along with a brief comparison to the adult courts. Current models and recommended guidance on juvenile dependency and juvenile justice cases are explored. Factors reviewed include, but are not limited to, legal considerations (e.g., removal, reunification, transfer/waiver, pleas, and placements), judicial education and expertise (e.g., formal training and judicial stress), bias (e.g., racial and socioeconomic prejudice), parent and youth characteristics (e.g., age and gender), family dynamics (e.g., parental engagement, child and parent attachment, and exposure to substances use and abuse), trauma, hearing practice, and representation. The chapter synthesizes the body of current research, discusses limitations in the current juvenile dependency and juvenile justice literature, and provides recommendations for future directions in both basic and applied research as well as policy implications for the legal decision-making field.

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