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Articles 1 - 25 of 25
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Community Accountability, M. Eve Hanan, Lydia Nussbaum
Community Accountability, M. Eve Hanan, Lydia Nussbaum
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This Essay takes a close look at how the idea of community accountability is used in current transformative and restorative justice efforts, situating the concept within the history of delegalization, or a collection of different efforts to reclaim conflict resolution and public safety from the state. In fact, these efforts to reclaim the authority and means of redressing harm from legal systems may track earlier efforts to reclaim dispute resolution from the state. In Part I, we situate both transformative and restorative justice movements in the history of delegalization while noting essential differences between the objectives of these two reform …
“Cops Or Coaches?” The Statutory Role Of Juvenile Probation Officers In A Transformative Age, Justin Iverson, David S. Tanenhaus
“Cops Or Coaches?” The Statutory Role Of Juvenile Probation Officers In A Transformative Age, Justin Iverson, David S. Tanenhaus
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For more than a century, juvenile justice proponents have had a difficult time precisely defining the proper role of the juvenile probation officer while simultaneously stressing that the juvenile probation department is the “workhorse” of the entire system. Existing literature largely focuses on which aspects of policing and social work these officers should embody while ignoring the foundational moorings in state statutes. This Article offers both a historical account of the rise of the juvenile probation officer and a thorough analysis of each state’s laws regarding peace officer status, employing authority, the power of arrest, and the power to carry …
International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann
International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann
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The Ukraine-Russia conflict has wreaked disproportionate harms upon children. Hundreds reportedly were killed or wounded within the opening months of the conflict, thousands lost loved ones, and millions left their homes, their schools, and their communities. Yet public discussions of how to settle the conflict contain very little at all about children. This article seeks to change that dynamic. It builds on a relatively recent trend, one that situates human rights within the structure of peace negotiations, to push for particularized treatment of children’s experiences, needs, rights, and capacities in eventual negotiations. The article draws upon twenty-first century projects that …
Csec Treatment Courts: An Opportunity For Positive, Trauma-Informed, And Therapeutic Systems Responses In Family And Juvenile Courts, Emma Hetherington, Allison Dunnigan, Hannah Elias Sbaity
Csec Treatment Courts: An Opportunity For Positive, Trauma-Informed, And Therapeutic Systems Responses In Family And Juvenile Courts, Emma Hetherington, Allison Dunnigan, Hannah Elias Sbaity
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In an effort to improve outcomes for CSEC (commercial and sexual exploitation of children) youth and to facilitate accurate identification of survivors through the implementation of multidisciplinary, survivor-focused responses, jurisdictions have increasingly looked towards treatment courts to serve as a model for prevention, intervention, diversion, and treatment. Juvenile and family courts are uniquely positioned to intervene in cases involving CSEC. Several jurisdictions have already created treatment courts to specifically address the needs of survivors and those at risk of CSEC, particularly those who are involved in the child welfare or juvenile justice systems. The goal of treatment courts for survivors …
Decriminalizing Childhood, Andrea L. Dennis
Decriminalizing Childhood, Andrea L. Dennis
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Even though the number of juveniles arrested, tried and detained has recently declined, there are still a large number of delinquency cases, children under supervision by state officials, and children living in state facilities for youth and adults. Additionally, any positive developments in juvenile justice have not been evenly experienced by all youth. Juveniles living in urban areas are more likely to have their cases formally processed in the juvenile justice system rather than informally resolved. Further, the reach of the justice system has a particularly disparate effect on minority youth who tend to live in heavily-policed urban areas.
The …
Native Youth & Juvenile Injustice In South Dakota, Addie C. Rolnick
Native Youth & Juvenile Injustice In South Dakota, Addie C. Rolnick
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In this essay, Professor Rolnick uses the three themes of racism, jurisdiction, and tribal sovereignty to provide a snapshot of the juvenile justice system in South Dakota as it impacts Native youth. First, she describes the tribal juvenile justice systems in the state. She argues tribal systems should rightfully play a central role handling Native youth offenders, but they are underfunded and may not therefore be sufficiently responsive to young offenders' needs. Second, she examines the impact of federal power over youth on reservations in South Dakota. Specifically, federal juvenile jurisdiction, as well as federal financial and administrative power, can …
Review Of Alaska Mental Health Statutes, Sara Gordon, Melissa Piasecki, Gil Kahn, Dawn Nielsen
Review Of Alaska Mental Health Statutes, Sara Gordon, Melissa Piasecki, Gil Kahn, Dawn Nielsen
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This report identifies key statutory provisions that we recommend be amended, a description of our findings based on interviews with stakeholders, legislative history of the Alaska statutes, reviews of national best practices and, where applicable, information about emerging areas in national mental health law for Alaska to consider in creating new law. Our recommendations are based in large part on significant advances in law and medicine in the understanding and treatment of mental illness that have occurred in the years since Alaska last made significant and substantive reforms to its criminal and civil mental health statutes. It is important to …
Juvenile Justice In Global Perspective: From Chicago To Shanghai And Back To First Principles, David S. Tanenhaus
Juvenile Justice In Global Perspective: From Chicago To Shanghai And Back To First Principles, David S. Tanenhaus
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No abstract provided.
‘Let’S Change The Law’: Arkansas And The Puzzle Of Juvenile Justice Reform In The 1990s, David S. Tanenhaus, Eric C. Nystrom
‘Let’S Change The Law’: Arkansas And The Puzzle Of Juvenile Justice Reform In The 1990s, David S. Tanenhaus, Eric C. Nystrom
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No abstract provided.
Untangling The Web: Juvenile Justice In Indian Country, Addie C. Rolnick
Untangling The Web: Juvenile Justice In Indian Country, Addie C. Rolnick
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The juvenile justice system in Indian country is broken. Native youth are vulnerable and traumatized. They become involved in the system at high rates, and they are more likely than other youth to be incarcerated and less likely to receive necessary health, mental-health, and education services. Congressional leaders and the Obama administration have made the needs of Indian country, especially improvement of tribal justice systems, an area of focus in recent years. The release of two major reports—one from a task force convened by the Attorney General to study violence and trauma among Native youth and the other from a …
Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth, Addie C. Rolnick
Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth, Addie C. Rolnick
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Native youth are disproportionately incarcerated, often for relatively minor offenses. One potential solution is to move more Native youth out of federal and state courts and invest in tribal juvenile justice systems. Tribal systems are assumed to be less punitive than nontribal ones, so greater tribal control should mean less incarceration. Little is known, however, about the role of incarceration in tribally run systems. This article examines available information on Native youth in tribal juvenile justice systems from 1998 to 2013. At least sixteen new secure juvenile facilities were built to house youth under tribal court jurisdiction, with federal investment …
Decriminalizing Violence: A Critique Of Restorative Justice And Proposal For Diversionary Mediation, M. Eve Hanan
Decriminalizing Violence: A Critique Of Restorative Justice And Proposal For Diversionary Mediation, M. Eve Hanan
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In this article, Professor Hanan explores the issues surrounding reforms to the criminal justice system, juveniles, and conflict resolution. She asserts that enthusiasm for restorative justice as the best method of out-of-court dispute resolution in criminal cases should be tempered in favor of mediation, which is neutral because it does not assume that the accused is guilty and that "healing" or repair is warranted. Because decriminalization is not complete and the state retains jurisdiction, Professor Hanan argues for a neutral mediation program, which should (1) function to reduce overall contact with the criminal courts and (2) include procedural safeguards in …
Making Space For Good Things To Happen: A Restorative Approach To The School To Prison Pipeline, Jon Powell
Making Space For Good Things To Happen: A Restorative Approach To The School To Prison Pipeline, Jon Powell
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No abstract provided.
Good Cop -- Bad Cop: Police Violence And The Child’S Mind, Andrea L. Dennis
Good Cop -- Bad Cop: Police Violence And The Child’S Mind, Andrea L. Dennis
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Police violence against citizens lately has gripped the nation’s attention because of recent cases in Ferguson, Missouri; Staten Island, New York; Cleveland, Ohio; Baltimore, Maryland; and elsewhere. Children in those communities and nationwide have been directly and indirectly exposed to these well-publicized incidences of police killings and the aftermath of those killings.
Exposure to police violence may cause children physical, cognitive, emotional, and social trauma. Moreover, the exposure may negatively influence children’s mindsets regarding the criminal justice system and police.
Undoubtedly, these events of late are not the first and only instances in which children have been exposed to physically …
Pursuing Justice For The Child: The Forgotten Women Of In Re Gault, David S. Tanenhaus
Pursuing Justice For The Child: The Forgotten Women Of In Re Gault, David S. Tanenhaus
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In this article, I first draw on my recent book The Constitutional Rights of Children to introduce the facts of the case and place the case in the larger context of the history of American juvenile justice. I then focus specifically on the role of four remarkable women in the history of this landmark decision: Marjorie Gault, Gerald's mother; Amelia Lewis, Gerald's lawyer; Lorna Lockwood, an Arizona lawyer who became the first woman to serve as the Chief Justice of a State Supreme Court; and Getrude "Traute" Mainzer, who assisted in the litigation of Gerald's case before the U.S. Supreme …
Developmental Detour: How The Minimalism Of Miller V. Alabama Led The Court's "Kids Are Different" Eighth Amendment Jurisprudence Down A Blind Alley, Mary E. Berkheiser
Developmental Detour: How The Minimalism Of Miller V. Alabama Led The Court's "Kids Are Different" Eighth Amendment Jurisprudence Down A Blind Alley, Mary E. Berkheiser
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No abstract provided.
The School-To-Prison Pipeline Tragedy On Montana's American Indian Reservations, Melina Healey
The School-To-Prison Pipeline Tragedy On Montana's American Indian Reservations, Melina Healey
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American Indian adolescents in Montana are caught in a school-to-prison pipeline. They are plagued with low academic achievement, high dropout, suspension and expulsion rates, and disproportionate contact with the juvenile and criminal justice systems. This phenomenon has been well documented in poor, minority communities throughout the country. But it has received little attention with respect to the American Indian population in Montana, for whom the problem is particularly acute. Indeed, the pipeline is uniquely disturbing for American Indian youth in Montana because this same population has been affected by another heartbreaking and related trend: alarming levels of adolescent suicides and …
First Things First: Juvenile Justice Reform In Historical Context, David S. Tanenhaus
First Things First: Juvenile Justice Reform In Historical Context, David S. Tanenhaus
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In my remarks today, I will explain how conceptions of children's rights have been used to shape the American juvenile justice system's development. First, I will argue that we should take a long view of this history. Next, I will focus on three specific eras of twentieth-century reform. Finally, I will conclude with a call for more research on the prosecutor's role in administering juvenile justice. This historical perspective, I believe, can help us to answer the challenging question of what children's rights should be.
Prosecutorial Discretion And The Neglect Of Juvenile Shielding Statutes, Andrea L. Dennis
Prosecutorial Discretion And The Neglect Of Juvenile Shielding Statutes, Andrea L. Dennis
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When legislatures enact statutes, furtherance of legislative intent depends on the behavior of actors in the executive and judicial branches of government. In the criminal justice system, prosecutors may frustrate legislative intent when they exercise prosecutorial discretion. This Article examines an instance in which prosecutors’ choices work to the detriment of children.
This Article reviews the failure of juvenile shielding statutes to take hold in the prosecution of cases involving child witnesses because of prosecutors’ discretionary decisions not to use these statutes. The Article investigates prosecutors’ pragmatic and doctrinal justifications for not utilizing juvenile shielding statutes and concludes that the …
Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser
Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser
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In Graham v. Florida, the United States Supreme Court declared that life sentences without the possibility of parole for non-homicides are off limits for all juveniles. Following its lead in Roper v. Simmons, the landmark decision in which the Court abolished the juvenile death penalty, the Court expanded on its Eighth Amendment juvenile jurisprudence by ruling that locking up juveniles for life based on crimes other than homicides is cruel and unusual and, therefore, prohibited by the Eighth Amendment. With that ruling, the Court erected a categorical bar to incarcerating forever those not yet adults at the time …
Collateral Damage? Juvenile Snitches In America’S 'Wars' On Drugs, Crime And Gangs, Andrea L. Dennis
Collateral Damage? Juvenile Snitches In America’S 'Wars' On Drugs, Crime And Gangs, Andrea L. Dennis
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The government’s use of children as informants in America’s 'wars' on drugs, crime, and gangs is little recognized and rarely discussed by scholars, policymakers, and the public. As with many governmental practices, only notorious instances make headlines, such as when a child is killed in retaliation for informing. Because public attention rarely is focused on the practice, it has not generated consistent documentation of, regulation of, or accountability for such use of child informants. As a starting point for discussion, this article illuminates the experiences of child informants, describing a facet of the snitching institution that generally operates under the …
In Re Gault And The Promise Of Systemic Reform, Katherine R. Kruse
In Re Gault And The Promise Of Systemic Reform, Katherine R. Kruse
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The right to counsel for juveniles in delinquency cases that the Supreme Court declared in In re Gault can be seen as an effort at systemic reform - a purposeful alteration of the structure, procedure, or resources of a law-administering system that aims to better align the system's operation with the principles or ideals on which it is based. Although the Court articulated the benefits of counsel in terms of individual representation, juvenile defenders are increasingly called upon to expand their role to include broader forms of advocacy aimed at reforming juvenile justice system practice and procedure. The predominant stakeholder …
A Tangled Web Of Justice: American Indian And Alaska Native Youth In Federal, State, And Tribal Justice Systems, Addie C. Rolnick, Neelum Arya
A Tangled Web Of Justice: American Indian And Alaska Native Youth In Federal, State, And Tribal Justice Systems, Addie C. Rolnick, Neelum Arya
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This policy brief is intended to serve as a resource for tribes, juvenile justice professionals, and other stakeholders interested in improving outcomes for Native youth by presenting the current state of knowledge on Native youth and their involvement in justice systems across the country.
Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush
Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush
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This brief essay offers a selective overview of recent trends in the historical scholarship on American childhood from the origins of the American Revolution to the early years of the Cold War. This overview of the literature has two purposes. First, it highlights recent socio-cultural scholarship that presents substantive challenges to the conventional ways of understanding the history of children and the law. Second, in so doing, it points out that legal histories concerned solely with doctrinal matters can, and often do, present a limited and distorted window into the past. Instead, the essay argues that the place of children, …
“Owing To The Extreme Youth Of The Accused”: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin
“Owing To The Extreme Youth Of The Accused”: The Changing Legal Response To Juvenile Homicide, David S. Tanenhaus, Steven A. Drizin
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In this essay, the authors seek to dispel the myth that the juvenile court was never intended to deal with serious and violent offenders; a myth that has largely been unchallenged, especially in the mainstream media, and one that critics of the juvenile court have used to undermine its legitimacy. The discovery of homicide data from the Chicago police department from the early twentieth century, the era in which modern juvenile justice came of age, provides us with new historical date with which to put this dangerous myth to rest, by showing that the nation’s model juvenile court—the Cook County …