Whitehead: Juvenile Justice, 7th Edition

1. What topics would be interesting topics to cover with your students?
Your Answer

Correct Answer

The Supreme Court has tackled such issues as free speech in schools, including censorship of student publications, prayer in schools, and strip searches. All of these would probably get student attention and discussion.



2. Your community is very religious. Recently, some of the churches have started a youth club called Youths Destined for Glory. The club is part social, part athletic, and part religious. The club is requesting permission to meet after school every Wednesday afternoon in a classroom, along with permission to use the gym and athletic fields. What action on this request would you recommend to the principal?
Your Answer

Correct Answer

The Supreme Court case, Good News Club v. Milford Central School (2001), indicates that there is no constitutional objection to allowing such a club to meet after school hours on school grounds. There is more concern about protecting younger students, but you are dealing with high school students who are more mature and less susceptible to any type of coercion or improper influence.



3. Some athletes in your class are angry about school policy ordering random drug tests. How might you respond?
Your Answer

Correct Answer

The Supreme Court has ruled that such tests of athletes are permissible under the Constitution. Perhaps you could have the students debate the issue in class. That way they could see both sides of the issue. This would give them a sense of participation rather a simple statement that the Supreme Court has ruled.

Case Study 2

Every year the students at Sam Houston High School nominate 10 girls to go on the Homecoming Queen ballot. Much excitement and campaigning takes place during the weeks that lead up to the nomination vote. This year, there is more to talk about than just what the girls will be wearing to Homecoming. A young man has decided to throw his hat in the ring. At Sam Houston High School, there is no vote for a Homecoming King. Traditionally, each girl on the nomination ballot picks an escort, but the escorts do not receive votes. This has never been an issue of contention among students in the past, but this year is different.

The young man who is campaigning for Homecoming Queen thinks that it is unfair that the boys do not get a chance to run for the Homecoming Court. He and a group of his friends decide to campaign and get him on the Homecoming Court ballot as one of the possible Queens. This development upsets many students, faculty, and parents. They see it as an abomination and affront to their faith for a boy to be nominated for Queen. As the Queen has traditionally been a female, they want to see that this remains so. The students in this group decide to stage a protest around the school flagpole during school hours on the Friday that the final vote is taking place. They stand around the pole and pray and hold up signs in protest of this young man's inclusion on the Homecoming ballot. The school does nothing to stop the protest that day. When the students who participated return to school on Monday, however, they learn they will be suspended for their protest.

Questions

1. What due process right is at issue in this situation?
Your Answer

Correct Answer

This situation deals with the right to free speech.



2. Do the actions of Sam Houston High School violate that due process issue?
Your Answer

Correct Answer

No. Free speech is only accorded to students if it does not interfere with educational activities. The students held their protest on school grounds during class periods, which caused them to miss instruction time.



3. What actions does the school have the right to take?
Your Answer

Correct Answer

The punishment they received was acceptable. They could have stopped the protest in the moment as well.

Case Study 3

Sam, a 13-year-old youth, broke into a home and stole more than 20 video games. The home had an alarm system, and the police caught him fleeing in the yard. The police did not consider Sam's age when they had him in custody and questioned him. You are Sam's defense attorney. You think that there is a good chance that a recent Supreme Court case applies and the confession could be thrown out. Based on what Sam has told you, he did the crime, but you can get him freed on a "technicality."

Questions

1. Which recent Supreme Court case applies to this case study scenario? Which amendment of the Constitution is at issue?
Your Answer

Correct Answer

J.D.B. v. North Carolina (2011). The issue is the voluntariness of custodial interrogation for a juvenile, a Fifth Amendment issue.



2. What does the recent Supreme Court case say about this issue?
Your Answer

Correct Answer

The Court ruled that courts should consider age as a factor of the custody analysis when the child's age was known to the officer or would have been objectively apparent to a reasonable officer. The majority noted that a child may feel pressure to submit to questioning when an adult would feel free to leave the interrogation, because children in general are less mature and responsible than adults.



3. Do you follow the law and use the recent case to throw out the case in court? Does it bother you that Sam is factually guilty?
Your Answer

Correct Answer

This is a problem for attorneys who defend adult criminal suspects but it has added issues for attorneys in juvenile court. With juveniles, this raises the issue of choosing between the zealous advocate role and the concerned adult role (see Chapter 8, "The Juvenile Court Process"). Note that in this case other evidence would probably lead to establishing the petition (conviction).

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