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Children in the Legal System (Hardcover, 6th Revised edition)
Loot Price: R9,035
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Children in the Legal System (Hardcover, 6th Revised edition)
Series: University Casebook Series
Expected to ship within 12 - 17 working days
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This Edition has been thoroughly updated with the latest cases,
statutory references, and scholarly commentary. Moreover, it
includes comprehensive references to provisions of the American Law
Institute's Restatement of Children and the Law. This Restatement
is so new that some of it is still a work in progress, but
Tentative Drafts were approved in 2018 and 2019 and many of these
provisions are included in this Edition. The new Edition also
includes coverage of recent Supreme Court decisions such as:
Montgomery v. Louisiana (2016), in which the Court held that its
earlier decision in Miller v. Alabama, which prohibited a mandatory
sentence of life without parole for one who, as a juvenile, was
convicted of murder, established a new substantive constitutional
rule and thus should be applied retroactively. Ohio v. Clark
(2015), which addressed the question of whether statements made to
a preschool teacher by a 3-year-old victim of child abuse could
constitutionally be admitted in the trial of the child's alleged
abuser. This case further interprets the Court's Confrontation
Clause jurisprudence following its 2004 decision in Crawford v.
Washington. Virginia v. LeBlanc (2017), in which the Court, in what
may be a limited decision, held that a sentence of life without
parole imposed on one who was 16 years old at the time did not
violate the Eighth Amendment where state law provided for
"geriatric release," which meant that the petitioner would be
eligible for parole at age 60. The 6th edition retains the basic
overall organizational structure of the previous edition, with two
major exceptions. The field of Children in the Legal System has
continued to expand. In response to legal developments within the
core subject areas, we eliminated two chapters from prior
editions-Chapter 4 (Custody) and Chapter 8 (Adoption of
Minors)-which address subject matter typically covered in a Family
Law course. This modification in the book's structure allowed us to
focus, to an even greater extent, on the subject areas central to
courses on Children and the Legal System and to accommodate the
expanding depth and breadth of developments in those subject areas.
With the elimination of the chapters on custody and adoption, the
remaining chapters in the 6th edition have been renumbered
accordingly. One of the distinguishing characteristics of this
book, which the authors have retained in this edition, is its
breadth of coverage and degree of flexibility in teaching. It deals
with every aspect of how the law relates to minors, from free
expression in school and other school-related issues, to private
law (e.g.. torts and contracts), to the juvenile justice system
(i.e., delinquency and the operation of criminal justice principles
to juvenile justice), to abuse and neglect (including medical
neglect), to termination of parental rights, to foster care, to the
status of children as children (i.e., children's "rights"). For
that reason, the book lends itself to use in any number of courses
that might be styled "Juvenile Law," or "Youth Justice," or "Youth
and Family Law," or, indeed, "Children in the Legal System" or
"Children and the Law." As mentioned below, the flexibility of the
book lends itself to varying numbers of credit hours. The book
contains a unique blend of cases, statutory materials, and
scholarly commentary, including those from the social sciences in
addition to law, in such a way that the teacher can draw on a
number of sources in examining and teaching about any subject area
covered in the book. No supplementary materials are needed;
everything is in one book. The organization of the book is an
important pedagogical tool as well. It is organized to flow from
one area to the next as it explores the overall relationship
between the state, parents, and the child, understanding, of
course, that a professor in a given course might choose to skip
over some parts of the material in the interest of time and
coverage. It lends itself particularly to a 2- or 3-hour course,
depending on the nature of the course and what the professor
chooses to cover. Each course that is taught around the country
using this book, whether in law schools or graduate school or even
in the undergraduate classroom, will be tailor-made and suited to
the particular professor's preferences and emphases and the
interests of the students.
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