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Full-Text Articles in Law

2011 Survey Of Juvenile Law, Michael J. Dale Oct 2011

2011 Survey Of Juvenile Law, Michael J. Dale

Faculty Scholarship

Atypically, the Supreme Court of Florida was not active during the past year, deciding no cases in the juvenile law field. On the other hand, the intermediate appellate courts were active both in the delinquency area and in the dependency field. As in the past, decisions in the delinquency area involving generic issues of criminal procedure not unique to juvenile delinquency are not covered in this article.


Providing Attorneys For Children In Dependency And Termination Of Parental Rights Proceedings In Florida: The Issue Updated, Michael J. Dale Apr 2011

Providing Attorneys For Children In Dependency And Termination Of Parental Rights Proceedings In Florida: The Issue Updated, Michael J. Dale

Faculty Scholarship

Florida's system for providing protection and safety to children in the State's child welfare system has changed over the past decade. Regretfully, the changes do not appear to have had a significant impact in two areas: increasing the safety and protection of children in the system' and providing children with independent attorneys to advocate on their behalf. Investigations, lawsuits, grand juries, amendments to court rules, and newspaper articles continue to demonstrate the myriad failures in the Florida system. Two notorious examples hi-lite the shortcomings: the cases of the foster child, Rilya Wilson, who disappeared in 2001, and Gabriel Myers, who …


Juvenile Incarceration And The Pains Of Imprisonment, Jeffrey Fagan, Aaron Kupchik Jan 2011

Juvenile Incarceration And The Pains Of Imprisonment, Jeffrey Fagan, Aaron Kupchik

Faculty Scholarship

After legislatures criminalized a major portion of juvenile delinquency in the 1980s and 1990s, large numbers of incarcerated youth began serving their sentences in adult correctional facilities. To understand the ramifications of this practice, prior research studies compared the correctional experiences of youth in juvenile and adult facilities. Yet this research often minimized the pains of imprisonment for youth in juvenile facilities, based on the contrast to adult facilities and the toxic conditions of confinement within them. In this Article, we contribute to this literature by analyzing data from interviews with 188 young men incarcerated in juvenile and adult facilities …


Moral Disengagement Among Serious Juvenile Offenders: A Longitudinal Study Of The Relations Between Morally Disengaged Attitudes And Offending, Jeffrey Fagan, Elizabeth P. Shulman, Elizabeth Cauffman, Alex R. Piquero Jan 2011

Moral Disengagement Among Serious Juvenile Offenders: A Longitudinal Study Of The Relations Between Morally Disengaged Attitudes And Offending, Jeffrey Fagan, Elizabeth P. Shulman, Elizabeth Cauffman, Alex R. Piquero

Faculty Scholarship

The present study investigates the relation between moral disengagement – one’s willingness to conditionally endorse transgressive behavior – and ongoing offending in a sample of adolescent male felony offenders (N=1,169). In addition, the study attempts to rule out callous-unemotional traits as a third variable responsible for observed associations between moral disengagement and offending. A bivariate latent change score analysis suggests that reduction in moral disengagement helps to speed decline in self-reported antisocial behavior, even after adjusting for the potential confound of callous-unemotional traits. Declines in moral disengagement are also associated with declining likelihood of offending, based on official records. Given …


Called 'Out' At Home: The One Strike Eviction Policy And Juvenile Court, Wendy J. Kaplan, David Rossman Jan 2011

Called 'Out' At Home: The One Strike Eviction Policy And Juvenile Court, Wendy J. Kaplan, David Rossman

Faculty Scholarship

One of the harshest collateral consequences of a juvenile delinquency case is the prospect of eviction from public housing. Under the federal government’s One Strike policy, public housing authorities are encouraged to evict families for any criminal act by their children, no matter how trivial. This politically popular policy creates more social ills than it cures. There is no evidence that it reduces crime in public housing, but there is abundant evidence that it makes families homeless, puts children out on the street, leads police departments to breach laws concerning confidentiality of juvenile proceedings, and creates conflicts of interest between …