VIRTUAL SHACKLES: ELECTRONIC SURVEILLANCE AND THE ADULTIFICATION OF JUVENILE COURTS.

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Title: VIRTUAL SHACKLES: ELECTRONIC SURVEILLANCE AND THE ADULTIFICATION OF JUVENILE COURTS.
Authors: ARNETT, CHAZ
Source: Journal of Criminal Law & Criminology. Summer2018, Vol. 108 Issue 3, p399-454. 56p.
Subjects: Juvenile courts, Juvenile justice administration, Electronic surveillance, Electronics in crime prevention, Criminal justice system, Alexander, Michelle, 1967-, Juvenile delinquency
Geographic Terms: United States
Abstract: In recent years, there has been a groundswell of attention directed at problems within the American criminal justice system, led in part by Michelle Alexander's groundbreaking book, The New Jim Crow, and most recently through the efforts of the Black Lives Matter movement. This increased focus on the harms of over-incarceration and net-widening, has had the benefit of introducing to the public other practices utilized in the criminal justice system, such as the widespread use of ankle monitors to track the location of defendants and released offenders. Yet, despite this greater attention, legal scholarship has only recently begun to grapple with many of the issues arising at the intersection of criminal justice and technology, and even more, how these issues affect the juvenile justice system. This paper seeks to draw attention to and generate greater discussion on the ways in which advancing surveillance technologies are deployed in the criminal justice system and the reciprocal impact it has on the development of juvenile justice policies and practices. Specifically, it examines the use of electronic surveillance technology by juvenile courts as a manifestation of adultification, where juvenile courts adopt a "one size fits all" approach and implement tools and practices from the adult criminal justice system, despite having great discretion to explore alternatives. This paper analyzes these connections and argues that correctional practices, adopted from the adult criminal justice system for implementation with youth, should be validated for effectiveness by social science evidence and community-informed policymaking. This form of accountability is crucial not only for garnering critical reflection on the use of electronic surveillance, but also for positioning juvenile courts to make better decisions in the future when contemplating adoption of even more advanced and powerful surveillance technologies. [ABSTRACT FROM AUTHOR]
Copyright of Journal of Criminal Law & Criminology is the property of Northwestern University School of Law and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
Database: Psychology and Behavioral Sciences Collection
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  Data: <searchLink fieldCode="DE" term="%22Juvenile+courts%22">Juvenile courts</searchLink><br /><searchLink fieldCode="DE" term="%22Juvenile+justice+administration%22">Juvenile justice administration</searchLink><br /><searchLink fieldCode="DE" term="%22Electronic+surveillance%22">Electronic surveillance</searchLink><br /><searchLink fieldCode="DE" term="%22Electronics+in+crime+prevention%22">Electronics in crime prevention</searchLink><br /><searchLink fieldCode="DE" term="%22Criminal+justice+system%22">Criminal justice system</searchLink><br /><searchLink fieldCode="DE" term="%22Alexander%2C+Michelle%2C+1967-%22">Alexander, Michelle, 1967-</searchLink><br /><searchLink fieldCode="DE" term="%22Juvenile+delinquency%22">Juvenile delinquency</searchLink>
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  Data: In recent years, there has been a groundswell of attention directed at problems within the American criminal justice system, led in part by Michelle Alexander's groundbreaking book, The New Jim Crow, and most recently through the efforts of the Black Lives Matter movement. This increased focus on the harms of over-incarceration and net-widening, has had the benefit of introducing to the public other practices utilized in the criminal justice system, such as the widespread use of ankle monitors to track the location of defendants and released offenders. Yet, despite this greater attention, legal scholarship has only recently begun to grapple with many of the issues arising at the intersection of criminal justice and technology, and even more, how these issues affect the juvenile justice system. This paper seeks to draw attention to and generate greater discussion on the ways in which advancing surveillance technologies are deployed in the criminal justice system and the reciprocal impact it has on the development of juvenile justice policies and practices. Specifically, it examines the use of electronic surveillance technology by juvenile courts as a manifestation of adultification, where juvenile courts adopt a "one size fits all" approach and implement tools and practices from the adult criminal justice system, despite having great discretion to explore alternatives. This paper analyzes these connections and argues that correctional practices, adopted from the adult criminal justice system for implementation with youth, should be validated for effectiveness by social science evidence and community-informed policymaking. This form of accountability is crucial not only for garnering critical reflection on the use of electronic surveillance, but also for positioning juvenile courts to make better decisions in the future when contemplating adoption of even more advanced and powerful surveillance technologies. [ABSTRACT FROM AUTHOR]
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  Data: <i>Copyright of Journal of Criminal Law & Criminology is the property of Northwestern University School of Law and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract.</i> (Copyright applies to all Abstracts.)
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        Type: general
      – SubjectFull: Juvenile justice administration
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      – SubjectFull: Electronic surveillance
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      – SubjectFull: Electronics in crime prevention
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      – SubjectFull: Alexander, Michelle, 1967-
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              Text: Summer2018
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