Law Commons^™

Taking Corrigibility Seriously, Dora Klein

Faculty Articles

This article argues that the Supreme Court's creation of a category of "irreparably corrupt" juveniles is not only an epistemological mistake but also a tactical mistake which has undermined the Court's express desire that only in the "rarest" of cases will juveniles be sentenced to life in prison without the possibility of parole.

Juror Gender And Confession Evidence: An Exploratory Study Of Effects On Empathy And Trial Outcomes For Juvenile Defendants, Cynthia J. Najdowski, Jennifer N. Weintraub

Psychology Faculty Scholarship

Objectives: We explored how relations among juror gender, confession evidence, and empathy impacted verdicts for a juvenile defendant accused of a serious crime. Methods: Jury-eligible women and men (N = 128) participated in a mock trial involving a girl defendant who had either maintained her innocence, confessed voluntarily, or confessed under coercion. Participants reviewed case materials, received juror instructions, and reported their verdict and empathy for the girl defendant. A manipulation check ensured participants attended to details surrounding the confession and participants were grouped by whether they perceived the confession as voluntary or coerced. A logistic regression analysis examined main …

The Subversions And Perversions Of Shadow Vigilantism, Paul H. Robinson, Sarah M. Robinson

All Faculty Scholarship

This excerpt from the recently published Shadow Vigilantes book argues that, while vigilantism, even moral vigilantism, can be dangerous to a society, the real danger is not of hordes of citizens, frustrated by the system’s doctrines of disillusionment, rising up to take the law into their own hands. Frustration can spark a vigilante impulse, but such classic aggressive vigilantism is not the typical response. More common is the expression of disillusionment in less brazen ways by a more surreptitious undermining and distortion of the operation of the criminal justice system.

Shadow vigilantes, as they might be called, can affect the …

We Don’T Always Mean What We Say: Attitudes Toward Statutory Exclusion Of Juvenile Offenders From Juvenile Court Jurisdiction, Tina Zotolli, Tarika Daftary Kapur, Patricia A. Zapf

Department of Justice Studies Faculty Scholarship and Creative Works

In the United States, juvenile offenders are often excluded from the jurisdiction of the juvenile court on the basis of age and crime type alone. Data from national surveys and data from psycholegal research on support for adult sanction of juvenile offenders are often at odds. The ways in which questions are asked and the level of detail provided to respondents and research participants may influence expressed opinions. Respondents may also be more likely to agree with harsh sanctions when they have fewer offender- and case-specific details to consider. Here, we test the hypothesis that attitudes supporting statutory exclusion laws …

The Supreme Court And The Transformation Of Juvenile Sentencing, Elizabeth S. Scott, Thomas Grisso, Marsha Levick, Laurence Steinberg

Faculty Scholarship

In the past decade, the Supreme Court has transformed the constitutional landscape of juvenile crime regulation. In three strongly worded opinions, the Court held that imposing harsh criminal sentences on juvenile offenders violates the Eighth Amendment prohibition against cruel and unusual punishment. In combination, these cases create a special status for juveniles under Eighth Amendment doctrine as a category of offenders whose culpability is mitigated by their youth and immaturity, even for the most serious offenses. The Court also emphasized that juveniles are more likely to reform than adult offenders, and that most should be given a meaningful opportunity to …

A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli

Department of Justice Studies Faculty Scholarship and Creative Works

While there is a large body of research on the legal capacities of adolescents, this research largely has neglected the plea-deal context. To learn about adolescents’ understanding of the plea process and their appreciation of the short- and long-term consequences of accepting a plea deal, we conducted interviews with 40 juveniles who were offered plea deals in adult criminal court. Participants displayed a limited understanding of the plea process were not fully aware of their legal options and appeared to be overly influenced by the short-term benefits associated with accepting their plea deals. Limited contact with attorneys may have contributed …

From Death To Near-Death: The Fate Of Serious Youthful Offenders After Roper V. Simmons, Christopher A. Mallett

Social Work Faculty Publications

The United States juvenile death penalty was abolished in 2005 when the Supreme Court, in Roper v. Simmons, found this punishment to be cruel and unusual and in violation of the Constitution’s Eighth Amendment.1 This decision was the final step in ending the death sentence for those under the age of eighteen. While this sentence is no longer an option for retributively-inclined states, many serious youthful offenders continue to meet similar, and in some ways, comparably difficult fates. These fates include the wholesale transfer of serious youthful offenders to the criminal courts2 and the subsequent incarceration of tens of …

Applying Sex Offender Registry Laws To Juvenile Offenders: Biases Against Adolescents From Stigmatized Groups, Jessica M. Salerno, Margaret Stevenson, Cynthia J. Najdowski, Tisha R.A. Wiley, Bette L. Bottoms, Liana Peter-Hagene

Psychology Faculty Scholarship

The need to protect children from dangerous sex offenders has led to policies that require juvenile sex offenders to register on public online registries. It is important to determine the implications of these laws for the wellbeing of child victims and also for juvenile offenders on these registries. Is the application of these laws—designed for adult offenders—to juveniles appropriate, necessary, and supported by public sentiment? The chapter reviews current sex offender registration policies and psychological research addressing whether the assumptions underlying these laws are supported by research, public sentiment toward these laws, factors that might drive biases against stigmatized youth …

In Defense Of The Finality Of Criminal Sentences On Collateral Review, Ryan W. Scott

Articles by Maurer Faculty

No abstract provided.

Responding To The Ambiguity Of Miller V. Alabama: The Time Has Come For States To Legislate For A Juvenile Restorative Justice Sentencing Regime, Courtney Amelung

Maryland Law Review Online

No abstract provided.

The Mentally Disordered Criminal Defendant At The Supreme Court: A Decade In Review, Dora W. Klein

Faculty Articles

In the past decade, at least eight cases involving issues at the intersection of criminal law and clinical psychology have reached the United States Supreme Court. Of particular interest are those cases which concern three general topics: the culpability of juvenile offenders; mental states and the criminal process, including the presentation of mental disorder evidence, competency to stand trial, and competency to be executed; and the preventive detention of convicted sex offenders.

Of these eight cases, two cases cases adopted categorical exclusions from certain kinds of punishment, three involved questions about mental states (and in two of these the Court …

In Whose "Best Interests"? – An International And Comparative Assessment Of Us Rules On Sentencing Of Juveniles, Jelani Jefferson Exum, John W. Head

Faculty Publications

According to numerous sources, both at the international level and within the USA, legal standards governing the treatment of children (commonly defined as persons under 18 years old)—including their treatment at the hands of the judicial system—should reflect an assessment of "the best interests of the child". An explicit announcement of this principle at the international level appears in the Convention on the Rights of the Child ("CRC"), which nearly all countries in the world have adopted. Article 37 of the CRC elaborates on the "best interests" principle, by prescribing six key standards national juvenile justice systems are to follow …

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 …

Managing At-Risk Juvenile Offenders In The Community: Putting Evidence Based Principles Into Practice, Randy Borum

Mental Health Law & Policy Faculty Publications

More than a half-million juveniles are under community supervision as a result of violent or delinquent behavior. Research has shown that treatment can reduce their risk of reoffending. This article reviews and distills the key lessons from hundreds of empirical studies and metaanalyses and applies them to practice. The author argues for conducting systematic and developmentally informed risk assessments, selectively assigning intensive intervention to the highest risk offenders, focusing on criminogenic treatment targets, using proven interventions and treatment strategies, and applying rigor in implementation and follow-up.

Co-Occurrence Of Delinquency And Other Problem Behaviors, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Offenders In Juvenile Court, 1997, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Op-Ed Piece By Dean Peter Keane, Peter Keane

Publications

No abstract provided.

Preventing Adolescent Gang Involvement, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Fighting Juvenile Gun Violence, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Youth Gangs In Schools, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Race, Ethnicity, And Serious And Violent Juvenile Offending, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Effective Intervention For Serious Juvenile Offenders, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Prevention Of Serious And Violent Juvenile Offending, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Seattle's Effective Strategy For Prosecuting Juvenile Firearm Offenders, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Violent Neighborhoods, Violent Kids, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

The Comprehensive Strategy: Lessons Learned From The Pilot Sites, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

School And Community Interventions To Prevent Serious And Violent Offending, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Offenders In Juvenile Court, 1996, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Juvenile Delinquents In The Federal Criminal Justice System, Us Department Of Justice

National Institute of Justice Office of Justice Programs

No abstract provided.

Offenders In Juvenile Court, 1993, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.