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17 - Starting a New Generation of Research

Published online by Cambridge University Press:  24 July 2009

Gary B. Melton
Affiliation:
Director of the Institute on Family and Neighborhood Life and Professor of Psychology Clemson University
Bette L. Bottoms
Affiliation:
University of Illinois, Chicago
Margaret Bull Kovera
Affiliation:
Florida International University
Bradley D. McAuliff
Affiliation:
University of Nebraska, Lincoln
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Summary

Bottoms, Kovera, and McAuliff have composed their book Children, Social Science, and the Law at a propitious time. We are at a natural point to look back at the ups and downs of interaction between the social sciences and the juvenile justice system. It has been a century since the establishment of the juvenile court and a generation since the Supreme Court's affirmation of the personhood of children and its command that juvenile courts follow the rudiments of due process (In re Gault, 1967).

The juvenile court began as the paradigmatic invention of the legal realists. The court was the entry point into a distinctive system designed to match the realities of life for wayward children and troubled families. Not only were the court's own procedures supposed to reflect knowledge about child development, but the court also acted as creator of new settings for family support, such as child guidance centers (Levine & Levine, 1992). Further, as the import of Gault became clear more than a half-century later, use of social science was a common feature in the panoply of children's cases in the appellate courts, whether testing the limits of autonomy for children on the one hand or applying special entitlements on the other (Mnookin, 1985). Indeed, the ostensible reliance on social science in children's cases has become so widely accepted that whether such work is cited no longer has much to do with judges' ideology (Hafemeister & Melton, 1987).

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Publisher: Cambridge University Press
Print publication year: 2002

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References

Brown v. Board of Education, 347 U.S. 483 (1954)
Convention on the Rights of the Child, U.N. Doc. A/Res/44/25 (1989)
Goodman, G. S., Levine, M., Melton, G. B., & Ogden, D. W. (1991). Child witnesses and the confrontation clause: The American Psychological Association brief in Maryland v. Craig.Law and Human Behavior, 15, 13–29CrossRefGoogle Scholar
Hafemeister, T. L., & Melton, G. B. (1987). The impact of social science research on the judiciary. In G. B. Melton (Ed.), Reforming the law: Impact of child development research (pp. 27–59). New York: Guilford
In re Gault, 387 U.S. 1 (1967)
Kimbrough-Melton, R., & Melton, G. B. (1999, November). The politics of children's rights: The influence of the Religious Right on U.S. policy. Paper presented at the conference on Entering the New Millennium: Children's Rights and Religion at the Crossroads, Nazareth, Israel
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Perry, G. S., & Melton, G. B. (1984). Precedential value of judicial notice of social facts: Parham as an example. Journal of Family Law, 22, 633–676Google Scholar
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