Judging Juveniles: Prosecuting Adolescents In Adult And Juvenile Courts (new Perspectives In Crime, Deviance, And Law)

Judging Juveniles new perspectives in crime, deviance, and law series Edited by John Hagan Clean Streets Controlling Crime, Maintaining Order, and Building Community Activism Patrick J. Carr Gender and Crime Patterns in Victimization and Offending Edited by Karen Heimer and Candace Kruttschnitt The Many Colors of Crime Inequalities of Race, Ethnicity, and Crime in America Edited by Ruth D. Peterson, Lauren J. Krivo, and John Hagan Immigration and Crime Race, Ethnicity, and Violence Edited by Ramiro Martínez Jr. and Abel Valenzuela Jr. Judging Juveniles Prosecuting Adolescents in Adult and Juvenile Courts Aaron Kupchik Judging Juveniles Prosecuting Adolescents in Adult and Juvenile Courts Aaron Kupchik a NEW YORK UNIVERSITY PRESS New York and London new yo rk unive rs it y p re s s New York and London www.nyupress.org © 2006 by New York University All rights reserved Library of Congress Cataloging-in-Publication Data Kupchik, Aaron. Judging juveniles : prosecuting adolescents in adult and juvenile courts / Aaron Kupchik. p. cm. — (New perspectives in crime, deviance, and law series) Includes bibliographical references and index. ISBN-13: 978-0-8147-4794-0 (cloth : alk. paper) ISBN-10: 0-8147-4794-9 (cloth : alk. paper) ISBN-13: 978-0-8147-4774-2 (pbk. : alk. paper) ISBN-10: 0-8147-4774-4 (pbk. : alk. paper) 1. Juvenile justice, Administration of—United States. 2. Criminal justice, Administration of—United States. 3. Juvenile delinquents —United States. I. Title. HV9104.K87 2006 364.360973—dc22 2006018396 New York University Press books are printed on acid-free paper, and their binding materials are chosen for strength and durability. Manufactured in the United States of America c 10 9 8 7 6 5 4 3 2 1 p 10 9 8 7 6 5 4 3 2 1 To Elena and Sarah Contents Acknowledgments ix 1 Introduction: Growing Up Quickly 1 2 Law and Context 24 3 The Process of Prosecuting Adolescents: How Formal? 50 4 Judging Adolescents: What Matters? 71 5 Punishment for Adolescents: What Do They Get, and Why? 109 6 Children in an Adult World 131 7 Putting the Genie Back in the Bottle: Lessons for Policy 149 Appendix: Research Methods 167 Notes 183 Index 205 About the Author 211 vii Acknowledgments I first want to thank my parents, Herb and Leona Kupchik. They have been wonderful models for my work, my life, and my new role as a parent. My brother, Philip, has also done his job as a big brother well: to teach me, while antagonizing me just enough to want to succeed. While at New York University, I was extremely fortunate to work with several amazing scholars. I am very grateful to Jo Dixon for her tireless efforts to steer me in the right direction, and to David Garland and David Greenberg for their inexhaustible patience and superb guidance. The mentorship of Jeffrey Fagan, as well, has made this book possible by providing access to data, advice, lessons on successful research from beginning to end, and phenomenal exposure to established scholars who share my interests. Friends and colleagues at NYU have also contributed in countless ways to this work, particularly my reading group of Vanessa Barker, Joseph De Angelis, and Karen Snedker, as well as Brian Gifford. A number of friends and colleagues at Arizona State University have helped this project advance, and have made the School of Justice and Social Inquiry at ASU a warm, supportive, and intellectually stimulating place to be an assistant professor. I owe thanks to Madelaine Adelman, David Altheide, Thomas Catlaw, Gray Cavender, Suzanne Fallender, Marie Griffin, John Hepburn, Pat Lauderda