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Andrew Monroe [pseud.] (b. 1894) was a Colorado street kid whose acts of truancy and theft landed him before the state's early juvenile courts, and his youth was marked by attempts at escape from reform school. His childhood and youth provide insights into the mechanics of how systems of juvenile corrections operated in the early twentieth century. To enforce new truancy laws, Progressive Era child-savers relied on report cards for the surveillance of probationers, categorizing children like Andrew as “stubborn,” “unyielding,” and “disobedient.” Ultimately, Andrew's refusal to comply with these new forms of institutional control serves as a case study for the challenges that children faced in escaping an apparatus that reduced them to the label of “delinquent.”
This chapter describes how states and their human service agencies team up with private companies to turn vulnerable populations into sources of revenue. Cash-strapped states have been unwilling to raise sufficient revenue through general taxation and are thus looking for money elsewhere, including schemes that are largely unknown to the public to divert federal aid and other funds from children and the poor. Foster care agencies take resources from children in their care, including Social Security disability and survivor benefits, Veteran’s Assistance benefits if their parents died in the military – and even child support. States use illusory budget shell games to siphon away billions in Medicaid funds intended for children and low-income adults. Juvenile courts maximize revenue by removing children from their homes. To illustrate the interconnections of a sampling of the practices, Anna is introduced, a hypothetical foster child who encounters and is impacted by the revenue strategies in different states. The chapter explains how the state practices are undermining the purpose of government and the intended benefits of fiscal federalism – and how a fundamental realignment is required so that states are true to their purpose, to exist not for themselves but for the good of the people.
By
Thomas F. Geraghty, Director of the Blum Legal Clinic, Northwestern University School of Law 357 E. Chicago Avenue Chicago, IL 60611-8576 USA,
Louis J. Kraus, Womans Board Professor of Child and Adolescent Psychiatry and Chief Department of Child and Adolescent Psychiatry, Rush University Medical Center Marshal Field IV Building 1720 West Polk Street Chicago, IL 60612 USA,
Peter Fink, Assistant Professor of Psychiatry, Rush University Medical Center Marshall Field IV Building 1720 West Polk Street Chicago, IL 60612 USA
This chapter begins with an overview of the history of the law relevant to the issues of a child's competence to stand trial. It discusses the legal and medical frameworks for assessing a child's competence to stand trial. The chapter analyzes the legal and medical frameworks and methodologies for assessing a child's competence to waive Miranda rights. It turns to the methods by which lawyers and medical personnel evaluate a child's competence in these areas. These assessments play a central role in determining the admissibility into evidence of children's statements to law enforcement. The chapter includes a section on the interactions and relationships between the judges, lawyers, and medical experts who participate in the assessment process and in the process of adjudicating competence to stand trial and children's capacity to make a knowing, intelligent waiver of Miranda warnings. The issues are of central importance to the juvenile court's adjudicative process.
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