Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
A Stable Paradigm: Revisiting Capacity, Vulnerability And The Rights Claims Of Adolescents After Roper V. Simmons, Catherine J. Ross
A Stable Paradigm: Revisiting Capacity, Vulnerability And The Rights Claims Of Adolescents After Roper V. Simmons, Catherine J. Ross
GW Law Faculty Publications & Other Works
This chapter examines the Supreme Court’s decision in Roper v. Simmons in which the Court considered the death penalty as applied to crimes committed by a person under the age of 18. I provide a brief summary of the scientific information that was presented to the Court in Roper, and review the dominant schools of thoughts about the relationship between capacity and children’s legal rights. Finally, I argue that the scientific validation of cultural perceptions regarding the vulnerability of adolescents does not undermine but is completely consistent with theories supporting constitutional rights for minors. This scientific validation supports both increased …
Implementing Constitutional Rights For Juveniles: The Parent-Child Privilege In Context, Catherine J. Ross
Implementing Constitutional Rights For Juveniles: The Parent-Child Privilege In Context, Catherine J. Ross
GW Law Faculty Publications & Other Works
This article advocates for the creation of a parent-child privilege by focusing on the parental contribution to raising their children. The article argues that children cannot fully exercise their constitutional rights without being able to confide freely in their parents and consult them before waiving rights and while working with their attorneys. I begin by describing the current state of privilege law and suggest that there is already a “de facto” tendency to observe a parent-child privilege. I show that courts have failed to distinguish among three distinctive kinds of confidences: (1) testimony concerning confidences from a minor child to …