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ERIC Number: ED473372
Record Type: Non-Journal
Publication Date: 2002-Nov
Pages: 32
Abstractor: N/A
Reference Count: N/A
The Substantive and Procedural Due Process Rights of Students Accused of Criminal Behavior in School and the Educational Rights of Adjudicated Youths.
Brown, Frank
This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002-- addresses juvenile justice. Its central issue is how to protect children of color in elementary and secondary schools with constitutional due process where attendance is compulsory and, at the same time, maintain a safe school environment. The paper presents changes in juvenile justice--citing a number of federal and state crime bills and court cases--and the impact of those changes. The paper argues that the changes in juvenile justice result in a form of social control of nonhegemonic groups (minorities) by a dominant hegemonic group (white European ethnic groups), and that crime-control laws enacted in the last 2 decades have had a negative impact on children of color engaged in delinquent behavior. The paper concludes with several recommendations, the chief of which is that schools should teach information about the Constitution through the justice system. Young people, including children of color, will obey the laws if they have a better understanding of the laws and their relationship to the Constitution, the courts, and the political process. (Contains 43 references, many of which are court cases.) (WFA)
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A