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Articles 1 - 30 of 99
Full-Text Articles in Law
Community Accountability, M. Eve Hanan, Lydia Nussbaum
Community Accountability, M. Eve Hanan, Lydia Nussbaum
Scholarly Works
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
Scholarly Works
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 …
Shifting The Paradigm: An Abolitionist Analysis Of The Recent Juvenile Justice “Revolution”, Beth Caldwell
Shifting The Paradigm: An Abolitionist Analysis Of The Recent Juvenile Justice “Revolution”, Beth Caldwell
Nevada Law Journal
No abstract provided.
Web Of Incarceration: School-Based Probation, Jyoti Nanda
Web Of Incarceration: School-Based Probation, Jyoti Nanda
Nevada Law Journal
No abstract provided.
Republican Attorneys General Association V. Las Vegas Metropolitan Police Department, 136 Nev. Adv. Op. 3 (Feb. 20, 2020), Nicholas Hagenkord
Republican Attorneys General Association V. Las Vegas Metropolitan Police Department, 136 Nev. Adv. Op. 3 (Feb. 20, 2020), Nicholas Hagenkord
Nevada Supreme Court Summaries
The Court determined that (1) the district court did not err in denying appellant Republican Attorneys General Association’s (RAGA) petition for a writ of mandamus under the Nevada Public Records Act (NPRA) seeking bodycam footage regarding juveniles and former State Senator Aaron Ford’s interactions with police; and (2) the district court abused its discretion in denying RAGA’s request for other requested records by not assessing whether these records contain any nonconfidential material.
Restraining Forced Marriage, Lisa V. Martin
Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, Samuel Vincent Jones
Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, Samuel Vincent Jones
Nevada Law Journal
No abstract provided.
Mullner V. State, 133 Nev. Adv. Op. 98 (Dec. 7, 2017), Joseph K. Fabbi
Mullner V. State, 133 Nev. Adv. Op. 98 (Dec. 7, 2017), Joseph K. Fabbi
Nevada Supreme Court Summaries
A court can use offenses committed as a juvenile, but charged and convicted as an adult, when it considers habitual criminal sentencing, especially if the offender’s past convictions are similar to the crime currently being considered for sentencing.
Juvenile False Confessions: Juvenile Psychology, Police Interrogation Tactics, And Prosecutorial Discretion, Marco Luna
Juvenile False Confessions: Juvenile Psychology, Police Interrogation Tactics, And Prosecutorial Discretion, Marco Luna
Nevada Law Journal
No abstract provided.
A.J. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 28 (June 1, 2017), Briana Martinez
A.J. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 28 (June 1, 2017), Briana Martinez
Nevada Supreme Court Summaries
NRS 62C.240 is triggered when circumstances surrounding a juvenile’s arrest plainly demonstrate that the juvenile was arrested for prostitution or solicitation even if the juvenile is charged with offenses other than prostitution or solicitation.
In Re D.T., 133 Nev. Adv. Op. 23 (May 25, 2017), Karson Bright
In Re D.T., 133 Nev. Adv. Op. 23 (May 25, 2017), Karson Bright
Nevada Supreme Court Summaries
The Nevada Supreme Court held that the juvenile court properly certified a juvenile as an adult because the seriousness of his offense and his prior adjudications outweighed the subjective factors in Seven Minors. Additionally, the Court held that a court’s certification of cognitively impaired juveniles for adult proceedings does not offend the Eighth Amendment.
Championing Children's Rights In Nevada, 2000-2015: The Thomas & Mack Juvenile Justice Clinic As Change Agent, Mary C. Berkheiser
Championing Children's Rights In Nevada, 2000-2015: The Thomas & Mack Juvenile Justice Clinic As Change Agent, Mary C. Berkheiser
Nevada Law Journal
No abstract provided.
On The Ends And Means Of Protecting Youth In Juvenile Courts, Franklin E. Zimring
On The Ends And Means Of Protecting Youth In Juvenile Courts, Franklin E. Zimring
Nevada Law Journal
No abstract provided.
My Life In Crime: An Intellectual History Of The Juvenile Court, Barry C. Feld
My Life In Crime: An Intellectual History Of The Juvenile Court, Barry C. Feld
Nevada Law Journal
No abstract provided.
The Cost Of Ab 193: Constitutional Guarantees Sacrificed For Ineffective Means, Paul George
The Cost Of Ab 193: Constitutional Guarantees Sacrificed For Ineffective Means, Paul George
Nevada Law Journal
No abstract provided.
Pursuing Gault, David S. Tanenhaus, Eric C. Nystrom
Pursuing Gault, David S. Tanenhaus, Eric C. Nystrom
Nevada Law Journal
No abstract provided.
Juvenile Justice Research To Policy And The Case Of Fines, Alex R. Piquero
Juvenile Justice Research To Policy And The Case Of Fines, Alex R. Piquero
Nevada Law Journal
No abstract provided.
Barry Feld: An Intellectual History Of A Juvenile Court Reformer, Martin Guggenheim
Barry Feld: An Intellectual History Of A Juvenile Court Reformer, Martin Guggenheim
Nevada Law Journal
No abstract provided.
Back To Benevolence: The Case For Internet Access In Nevada's Juvenile Detention Centers, Michael Coggeshall
Back To Benevolence: The Case For Internet Access In Nevada's Juvenile Detention Centers, Michael Coggeshall
Nevada Law Journal
No abstract provided.
Native Youth & Juvenile Injustice In South Dakota, Addie C. Rolnick
Native Youth & Juvenile Injustice In South Dakota, Addie C. Rolnick
Scholarly Works
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 …
Hairr V. First Judicial Dist. Ct., 132 Nev. Adv. Op. 16 (Mar. 10, 2016), Douglas H. Smith
Hairr V. First Judicial Dist. Ct., 132 Nev. Adv. Op. 16 (Mar. 10, 2016), Douglas H. Smith
Nevada Supreme Court Summaries
The Supreme Court denied petitioners’ application for a writ of mandamus for abuse of the district court’s discretion. If granted, this writ would have compelled the district court to grant the petitioners’ application to intervene under Rule 24 of the Nevada Rule of Civil Procedure as defendants in a constitutional challenge to a program that awards grants to children who are educated by entities other than public schools. The State is presumed to adequately represent the interests of those who support the bill. Since they did not demonstrate a conflict of interest with the State’s position or present an argument …
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
Scholarly Works
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 …
Untangling The Web: Juvenile Justice In Indian Country, Addie C. Rolnick
Untangling The Web: Juvenile Justice In Indian Country, Addie C. Rolnick
Scholarly Works
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
Scholarly Works
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 …
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
Scholarly Works
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
Scholarly Works
No abstract provided.
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
Scholarly Works
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 …
In Re P.S., 131 Nev. Adv. Op. 95 (Dec. 24, 2015), Rob Schmidt
In Re P.S., 131 Nev. Adv. Op. 95 (Dec. 24, 2015), Rob Schmidt
Nevada Supreme Court Summaries
The Supreme Court of Nevada held that under NRS § 62B.030 the district court has discretion over whether to conduct a hearing de novo after reviewing the recommendations of a master of the juvenile court when timely requested.
In Re Guardianship Of N.M., 131 Nev. Adv. Op. 75 (September 24, 2015), Daniel Ormsby
In Re Guardianship Of N.M., 131 Nev. Adv. Op. 75 (September 24, 2015), Daniel Ormsby
Nevada Supreme Court Summaries
The Court heard an appeal from a parent-appellant challenging a district court’s exercise of temporary emergency jurisdiction to appoint a temporary, non-parent, guardian and general, non-parent, guardian. Affirmed.
Evaluating The Evaluation: Reliance Upon Mental Health Assessments In Cases Of Alleged Child Sexual Abuse, Sarah F. Shelton
Evaluating The Evaluation: Reliance Upon Mental Health Assessments In Cases Of Alleged Child Sexual Abuse, Sarah F. Shelton
Nevada Law Journal
No abstract provided.