Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Child Prostitution (4)
- Juvenile justice (4)
- Sexual Minorities (4)
- Law Enforcement (3)
- Children (2)
-
- Criminal law (2)
- Education (2)
- Juvenile offenders (2)
- Sentencing (2)
- 8th amendment (1)
- Adolescence (1)
- Adult rights (1)
- African-american boys (1)
- African-american men (1)
- American history (1)
- Anti-bullying (1)
- Antisocial behavior (1)
- Arrest (1)
- Article 37 (1)
- Best interests (1)
- Biopsychosocial development (1)
- Black (1)
- Brain development (1)
- Bullying (1)
- Capital punishment (1)
- Childhood innocence (1)
- Children and the law (1)
- Children of Prisoners (1)
- Children’s rights (1)
- Columbine (1)
Articles 1 - 18 of 18
Full-Text Articles in Entire DC Network
Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing, Josh Gupta-Kagan
Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing, Josh Gupta-Kagan
Faculty Publications
For more than 120 years, juvenile justice law has not substantively defined the core questions in most delinquency cases—when should the state prosecute children rather than divert them from the court system (the intake decision), and what should the state do with children once they are convicted (the sentencing decision)? Instead, the law has granted certain legal actors wide discretion over these decisions, namely prosecutors at intake and judges at sentencing. This Article identifies and analyzes an essential reform trend changing that reality: legislation, enacted in at least eight states in the 2010s, to limit when children can be prosecuted …
Lessons From Disaster: Assessing The Covid19 Response In Youth Jails & Prisons, Madalyn K. Wasilczuk
Lessons From Disaster: Assessing The Covid19 Response In Youth Jails & Prisons, Madalyn K. Wasilczuk
Faculty Publications
No abstract provided.
The Intersection Between Young Adult Sentencing And Mass Incarceration, Josh Gupta-Kagan
The Intersection Between Young Adult Sentencing And Mass Incarceration, Josh Gupta-Kagan
Faculty Publications
This Article connects two growing categories of academic literature and policy reform: arguments for treating young adults in the criminal justice system more leniently than older adults because of evidence showing brain development and maturation continue until the mid-twenties; and arguments calling for reducing mass incarceration and identifying various mechanisms to do so. These categories overlap, but research has not previously built in depth connections between the two.
Connecting the two bodies of literature helps identify and strengthen arguments for reform. First, changing charging, detention, and sentencing practices for young adults is one important tool to reduce mass incarceration. Young …
The School To Prison Pipeline's Legal Architecture: Lessons From The Spring Valley Incident And Its Aftermath, Josh Gupta-Kagan
The School To Prison Pipeline's Legal Architecture: Lessons From The Spring Valley Incident And Its Aftermath, Josh Gupta-Kagan
Faculty Publications
This Article examines the 2015 Spring Valley High School incident – the high-profile arrest of a Columbia, South Carolina high school student for “disturbing schools” in which a school resource officer threw her out of her desk – to identify and illustrate the core elements of the school-to-prison pipeline’s legal architecture, and to evaluate legal reforms in response to growing concern over the pipeline.
The Spring Valley incident illustrates, first, how broad criminal laws transform school discipline incidents into law enforcement matters. Second, it illustrates how legal instruments that should limit the role of police officers assigned to schools (school …
Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner
Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner
Faculty Publications
No abstract provided.
In Loco Aequitatis: The Dangers Of 'Safe Harbor' Laws For Youth In The Sex Trades, Brendan M. Conner
In Loco Aequitatis: The Dangers Of 'Safe Harbor' Laws For Youth In The Sex Trades, Brendan M. Conner
Faculty Publications
This Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on May 29, 2015 the President signed legislation that would give preferential consideration for federal grants to states that have enacted a law that "discourages the charging or prosecution" of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally lauded, the sound …
Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Meredith Dank, Lilly Yu, Jennifer Yahner, Elizabeth Pelletier, Mitchyll Mora, Brendan M. Conner
Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Meredith Dank, Lilly Yu, Jennifer Yahner, Elizabeth Pelletier, Mitchyll Mora, Brendan M. Conner
Faculty Publications
No abstract provided.
Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone
Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone
Faculty Publications
No abstract provided.
Surviving The Streets Of New York: Experiences Of Lgbtq Youth, Ymsm, And Ywsw Engaged In Survival Sex, Meredith Dank, Jennifer Yahner, Kuniko Madden, Isela Bañuelos, Lilly Yu, Andrea Ritchie, Mitchyll Mora, Brendan M. Conner
Surviving The Streets Of New York: Experiences Of Lgbtq Youth, Ymsm, And Ywsw Engaged In Survival Sex, Meredith Dank, Jennifer Yahner, Kuniko Madden, Isela Bañuelos, Lilly Yu, Andrea Ritchie, Mitchyll Mora, Brendan M. Conner
Faculty Publications
No abstract provided.
Health Equity For All: Sexual And Reproductive Health Needs And Access To Health Services For Adolescents 10–17 Engaged In Selling Sex In Asia Pacific, Brendan M. Conner, Ayesha Mago, Sarah Middleton-Lee
Health Equity For All: Sexual And Reproductive Health Needs And Access To Health Services For Adolescents 10–17 Engaged In Selling Sex In Asia Pacific, Brendan M. Conner, Ayesha Mago, Sarah Middleton-Lee
Faculty Publications
No abstract provided.
Decades Of Research Shows Adolescents Do Better With Community Service Rather Than Incarceration, Gary L. Hopkins, Duane C. Mcbride, Brent C. Featherston, Peter C. Gleason, Jacqueline Moreno
Decades Of Research Shows Adolescents Do Better With Community Service Rather Than Incarceration, Gary L. Hopkins, Duane C. Mcbride, Brent C. Featherston, Peter C. Gleason, Jacqueline Moreno
Faculty Publications
The purpose of this article is to share with the legal community some of what we as social science researchers have learned from our research and the research of others, regarding the health and education benefits of community service among adolescents. In other words, we will attempt to answer the question of whether there are benefits of performing community service to the individuals performing the service, and to describe what these benefits are.
Jailing Black Babies, James G. Dwyer
Zero Tolerance Policies: Criminalizing Childhood And Disenfranchising The Next Generation Of Citizens, S. David Mitchell
Zero Tolerance Policies: Criminalizing Childhood And Disenfranchising The Next Generation Of Citizens, S. David Mitchell
Faculty Publications
A juvenile adjudication of guilt has far more drastic consequences than existed just ten years ago ... Some of these consequences may not be apparent for a number of years, but their possibility should be anticipated, fully considered, and planned for, wherever possible. Under zero tolerance, students are suspended, expelled, or referred to juvenile authorities or some combination thereof for specified offenses. Zero tolerance policies punish students harshly regardless of the severity of the infraction, the existence of mitigating circumstances, or the context in which the conduct occurred. Part II discusses the origin and evolution of zero tolerance policies, as …
School Bullying Victimization As An Educational Disability, Douglas E. Abrams
School Bullying Victimization As An Educational Disability, Douglas E. Abrams
Faculty Publications
Parts I and II of this essay urge school authorities, parents, and other concerned citizens to perceive bullying victimization as a disability that burdens targeted students. Since 1975, the federal Individuals with Disabilities Education Act (IDEA) has guaranteed “full educational opportunity to all children with disabilities” in every state. The IDEA reaches both congenital disabilities and disabilities that, like bullying victimization, stem from events or circumstances unrelated to biology or birth. To set the context for perceiving bullying victimization as an educational disability, Part I describes the public schools' central role in protecting bullied students, and then briefly discusses the …
From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde
Faculty Publications
At the turn of the 20th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states in …
In Whose "Best Interests"? – An International And Comparative Assessment Of Us Rules On Sentencing Of Juveniles, Jelani Jefferson Exum, John W. Head
In Whose "Best Interests"? – An International And Comparative Assessment Of Us Rules On Sentencing Of Juveniles, Jelani Jefferson Exum, John W. Head
Faculty Publications
According to numerous sources, both at the international level and within the USA, legal standards governing the treatment of children (commonly defined as persons under 18 years old)—including their treatment at the hands of the judicial system—should reflect an assessment of "the best interests of the child". An explicit announcement of this principle at the international level appears in the Convention on the Rights of the Child ("CRC"), which nearly all countries in the world have adopted. Article 37 of the CRC elaborates on the "best interests" principle, by prescribing six key standards national juvenile justice systems are to follow …
Joining The Legal Significance Of Adolescent Development Capacities With The Legal Rights Provided By In Re Gault, Hilary B. Farber, Donna M. Bishop
Joining The Legal Significance Of Adolescent Development Capacities With The Legal Rights Provided By In Re Gault, Hilary B. Farber, Donna M. Bishop
Faculty Publications
Our discussion is presented in seven parts. In Part I, we briefly sketch historical conceptions of adolescence and its relationship to foundational principles of the juvenile court, and juvenile court practice from its inception in the late nineteenth century through the mid-1960s. In order to more fully appreciate both the strengths and weaknesses of the Gault decision, we pay special attention to the larger social and legal context in which the case was decided. Part II is devoted to a discussion of Gault. We argue that although Gault represents a valiant attempt to impose the rule of law on …
Reforming Juvenile Delinquency Treatment To Enhance Rehabilitation, Personal Accountability And Public Safety, Douglas E. Abrams
Reforming Juvenile Delinquency Treatment To Enhance Rehabilitation, Personal Accountability And Public Safety, Douglas E. Abrams
Faculty Publications
This article describes the widespread violence, beatings and other abuse the U.S. Justice Department has found in its inspections of several state juvenile detention facilities. The article then discusses Missouri's Division of Youth Services (DYS), which is widely considered the national model of sound practices. The article concludes with recommendations for national reform.