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Articles 1 - 12 of 12
Full-Text Articles in Law
Closing The Widening Net: The Rights Of Juveniles At Intake, Tamar R. Birckhead
Closing The Widening Net: The Rights Of Juveniles At Intake, Tamar R. Birckhead
Tamar R Birckhead
Should juveniles have more, fewer, the same or different procedural rights than are accorded to adults? This question, posed by Professor Arnold Loewy for a panel at the 2013 Texas Tech Law Review Symposium on Juveniles and Criminal Law, requires us to examine our goals for the juvenile court system. My primary goal, having practiced in both adult criminal and juvenile delinquency forums for over twenty years, is to ensure that the reach of juvenile court is no wider than necessary, as research indicates that when children are processed through the juvenile court system and adjudicated delinquent, the impact is …
Delinquent By Reason Of Poverty, Tamar R. Birckhead
Delinquent By Reason Of Poverty, Tamar R. Birckhead
Tamar R Birckhead
This Article, written for the 12th Annual Access to Equal Justice Colloquium, explores the disproportionate representation of low-income children in the United States juvenile justice system. It examines the structural and institutional causes of this development, beginning with the most common points of entry into delinquency court—the child welfare system, public schools, retail stores, and neighborhood police presence. It introduces the concept of needs-based delinquency, a theory that challenges basic presuppositions about the method by which children are adjudicated delinquent. It argues that at each stage of the process—from intake through adjudication to disposition and probation—the court gives as much …
A Missed Chance For Justice In Court, Tamar R. Birckhead
A Missed Chance For Justice In Court, Tamar R. Birckhead
Tamar R Birckhead
This op-ed argues that Osama bin Laden should have been captured and tried in a court of law, rather than assassinated under circumstances suggesting he was unarmed and posed no immediate threat.
Good Guys, Bad Guys -- And Miranda, Tamar R. Birckhead
Good Guys, Bad Guys -- And Miranda, Tamar R. Birckhead
Tamar R Birckhead
This op-ed argues that we as a society must get beyond our single-minded focus on the Miranda warnings and find a better way to elicit accurate information from suspects while lowering the risk of false confessions.
Juvenile Justice Reform 2.0, Tamar R. Birckhead
Juvenile Justice Reform 2.0, Tamar R. Birckhead
Tamar R Birckhead
Before the 1954 decision in Brown v. Board of Education, the United States Supreme Court’s exercise of judicial review did not support the notion that constitutional litigation could be an effective instrument of social reform. The Court’s principled rejection of racially segregated public education, however, gave new legitimacy to the concept of judicial review, transforming it from an obstacle into a principal means of achieving social progress. Since then, federal courts have impacted public policy in many areas – from housing, welfare, and transportation to mental health institutions, prisons, and juvenile courts. Yet, there are inherent structural challenges to effecting …
When Juveniles Face Questioning, Tamar R. Birckhead
When Juveniles Face Questioning, Tamar R. Birckhead
Tamar R Birckhead
This op-ed argues that the age of a suspect should be considered when evaluating whether the questioning was custodial, thereby triggering the right to Miranda warnings.
Graham V. Florida: Justice Kennedy's Vision Of Childhood And The Role Of Judges, Tamar R. Birckhead
Graham V. Florida: Justice Kennedy's Vision Of Childhood And The Role Of Judges, Tamar R. Birckhead
Tamar R Birckhead
This short essay examines Graham v. Florida, the United States Supreme Court decision holding that the Eighth Amendment’s Cruel and Unusual Punishments Clause does not permit a juvenile offender to be sentenced to life in prison without parole for a nonhomicide crime. This essay argues that Justice Anthony Kennedy’s majority opinion is grounded not only in Roper v. Simmons, which invalidated the death penalty for juvenile offenders on Eighth Amendment grounds, and Kennedy v. Louisiana, which held that the Eighth Amendment prohibited the death penalty for the offense of rape of a child, but also in Establishment Clause cases set …
Culture Clash: The Challenge Of Lawyering Across Difference In Juvenile Court, Tamar R. Birckhead
Culture Clash: The Challenge Of Lawyering Across Difference In Juvenile Court, Tamar R. Birckhead
Tamar R Birckhead
In analyzing the causes of wrongful convictions of youth in juvenile court, the role of the defense attorney can be overlooked and its importance underestimated. Although juvenile defenders are trained to advocate based on their young client‟s expressed interest rather than relying on what they deem to be in the child‟s best interest, this basic tenet is often more challenging to follow than is commonly acknowledged. The norms of effective criminal defense practice—which emphasize rigorous oral and written advocacy with little mention of whether the client has learned a lesson from the experience—stand in direct contrast to the informal culture …
The Right Thing For Juveniles, Tamar R. Birckhead
The Right Thing For Juveniles, Tamar R. Birckhead
Tamar R Birckhead
This op-ed argues that the upper age of juvenile court jurisdiction in North Carolina should be raised from 16 to 18.
North Carolina, Juvenile Court Jurisdiction, And The Resistance To Reform, Tamar R. Birckhead
North Carolina, Juvenile Court Jurisdiction, And The Resistance To Reform, Tamar R. Birckhead
Tamar R Birckhead
North Carolina is the only state in the United States that treats all sixteen- and seventeen-year-olds as adults when they are charged with criminal offenses and then denies them the ability to appeal for return to the juvenile system. Thirty-seven states cap juvenile court jurisdiction at age eighteen, while ten do so at seventeen. In addition, as reflected by international treaties and instruments, many nations of the world consider eighteen to be the most appropriate age for delineating between juvenile and adult court jurisdiction. Not surprisingly, the consequences of North Carolina's scheme for prosecuting minors can be particularly severe. The …
The Age Of The Child: Interrogating Juveniles After Roper V. Simmons, Tamar R. Birckhead
The Age Of The Child: Interrogating Juveniles After Roper V. Simmons, Tamar R. Birckhead
Tamar R Birckhead
With its recent decision in Roper v. Simmons, invalidating the imposition of the death penalty on offenders who were younger than eighteen when their crimes were committed, the U.S. Supreme Court has heralded a major shift in the perspective of the legal system—and the culture at large—towards adolescents who commit crimes. Invoking social science research as well as a “common sense” understanding of the differences between teenagers and adults, the Court found that as a categorical matter, juveniles are not as culpable as adults and thus, cannot be classified among the “worst offenders,” deserving of the most severe punishment. Yet, …
Detention Hearings, Tamar R. Birckhead, Wendy S. Wayne
Detention Hearings, Tamar R. Birckhead, Wendy S. Wayne
Tamar R Birckhead
No abstract provided.