Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal (2)
- 4th amendment (1)
- 8th amendment (1)
- Activity (1)
- Adolescence (1)
-
- Adult rights (1)
- Anonymity (1)
- Antisocial behavior (1)
- Armed (1)
- Article 14 (1)
- Automobile stops (1)
- Biopsychosocial development (1)
- Board of immigration appeals (1)
- Brain development (1)
- CAT (1)
- Childhood innocence (1)
- Convention (1)
- Convention against torture (1)
- Criminal justice system (1)
- Dangerous (1)
- Definition (1)
- Delinquents (1)
- Deportation (1)
- Deportee (1)
- Detainee (1)
- Detention (1)
- Due process protections (1)
- Eighth amendment (1)
- Enforcement (1)
- Fourth amendment (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Un-Torturing The Definition Of Torture And Employing The Rule Of Immigration Lenity, Irene Scharf
Un-Torturing The Definition Of Torture And Employing The Rule Of Immigration Lenity, Irene Scharf
Faculty Publications
In the first three sections, I examine the background of the Convention in the context of international human rights instruments (Section I); the context for a critique of the CAT’s definition of torture, given the legislative history of the Convention and an existing statute that could aid in correcting the misinterpretation adversely affecting CAT enforcement (Section II); and the adverse international implication of the United States’ restrictive meaning of torture (Section III). In a concluding section (IV), I offer possible solutions to the problem, invoking a robust principle of Immigration Lenity to prevent the return of potential torture victims to …
Joining The Legal Significance Of Adolescent Development Capacities With The Legal Rights Provided By In Re Gault, Hilary B. Farber, Donna M. Bishop
Joining The Legal Significance Of Adolescent Development Capacities With The Legal Rights Provided By In Re Gault, Hilary B. Farber, Donna M. Bishop
Faculty Publications
Our discussion is presented in seven parts. In Part I, we briefly sketch historical conceptions of adolescence and its relationship to foundational principles of the juvenile court, and juvenile court practice from its inception in the late nineteenth century through the mid-1960s. In order to more fully appreciate both the strengths and weaknesses of the Gault decision, we pay special attention to the larger social and legal context in which the case was decided. Part II is devoted to a discussion of Gault. We argue that although Gault represents a valiant attempt to impose the rule of law on …
Nevada Case Threatens To Expand Terry Stops, Shaun B. Spencer
Nevada Case Threatens To Expand Terry Stops, Shaun B. Spencer
Faculty Publications
This term, the U.S. Supreme Court will review a Nevada decision authorizing police to arrest people for refusing to identify themselves. If affirmed, the decision could reshape how privacy is viewed in the criminal context throughout the United States, and could prompt the Massachusetts Supreme Judicial Court to depart from the Supreme Court’s approach to stop-and-frisk cases. The case is Hiibel v. Sixth Judicial District Court, 59 P.3d 1201 (Nev. 2002), cert. granted, 124 S. Ct. 430 (2003).