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Articles 1 - 30 of 66
Full-Text Articles in Law
Coming Of Age In The Eyes Of The Law: Theconflict Between Miranda, J.D.B., And Puberty, David M. N. Garavito
Coming Of Age In The Eyes Of The Law: Theconflict Between Miranda, J.D.B., And Puberty, David M. N. Garavito
Articles
Everyone knows that going through puberty is associated with a multitude of changes: physical, mental, hormonal, etc. Fewer people know that when and how fast one goes through puberty can also be associated with changes to one’s legal rights. The Supreme Court of the United States held, in the landmark case of J.D.B. v. North Carolina, that there were many “commonsense conclusions” that could be drawn from how a child’s age would affect their interactions with law enforcement. In that case, the Court was deciding whether age should affect whether a child was considered “in custody” of the police, granting …
Community-Based Rehabilitation's Effectiveness In Reducing Singapore Juvenile Recidivism, Denzil Neo, June Hyuk Lee, Mervin Xin Hong Chew, Munisraj Sarfoji, Timothy Prakash
Community-Based Rehabilitation's Effectiveness In Reducing Singapore Juvenile Recidivism, Denzil Neo, June Hyuk Lee, Mervin Xin Hong Chew, Munisraj Sarfoji, Timothy Prakash
Introduction to Research Methods RSCH 202
Singapore's juvenile recidivism rate has climbed by around 5% since 2013, putting the country at risk of increased youth crime. With several mandatory rehabilitative programmes classified into two categories, Community-Based Rehabilitation (CBR) and Institutional-Based Rehabilitation (IBR), it is unclear whether the mandatory individual rehabilitative programmes for offenders were actually effective in achieving their corrective goals. This proposal would undertake a regression analysis to compare the effectiveness of CBR and IBR programmes utilizing secondary data gathered by the Ministry of Social and Family Development (MSF) and primary data from a survey. The survey will provide previously unstudied insights into the offender's …
Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott
Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott
Faculty Scholarship
The law governing children is complex, sometimes appearing almost incoherent. The relatively simple framework established in the Progressive Era, in which parents had primary authority over children, subject to limited state oversight, has broken down over the past few decades. Lawmakers started granting children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, and legally incompetent beings. As children emerged as legal persons, children’s rights advocates challenged the rationale for parental authority, contending that robust parental rights often harm children. And a wave of punitive reforms in response to juvenile crime in the 1990s undermined …
Cooperative Federalism And Sijs, Shani M. King, Nicole Silvestri Hall
Cooperative Federalism And Sijs, Shani M. King, Nicole Silvestri Hall
UF Law Faculty Publications
Recognizing the plight of young immigrants who have suffered abuse, neglect, or abandonment, and cannot be reunited with a parent, Congress has accorded those who qualify Special Immigrant Juvenile Status (SIJS). SIJS has created an expedited path for them to permanent residency and, ultimately, citizenship. The statutory scheme Congress crafted is unusual in that it requires each applicant to obtain a state court order finding that they meet the requirements for SIJS before the United States Citizenship and Immigration Service decides whether to confer that status on them. The implementation of this scheme has been fraught with difficulty, representing for …
Awareness Of Sex Offender Registration Policies And Self-Reported Sexual Offending In A Community Sample Of Adolescents, Cynthia J. Najdowski, Hayley M. D. Cleary
Awareness Of Sex Offender Registration Policies And Self-Reported Sexual Offending In A Community Sample Of Adolescents, Cynthia J. Najdowski, Hayley M. D. Cleary
Psychology Faculty Scholarship
Sex offender registration laws are widely implemented, increasingly restrictive, and intended to serve both specific and general deterrent functions. Most states have some form of policy mechanism to place adolescents on sex offender registries, yet it remains unclear whether adolescents possess the requisite policy awareness to be deterred from sexual offending. This study examined awareness of sex offender registration as a potential sanction and its cross-sectional association with engagement in several registrable sexual behaviors (sexting, indecent exposure, sexual solicitation, and forcible touching) in a community sample of 144 adolescents. Results revealed that many adolescents were unaware that these behaviors could …
Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law
Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law
School of Law Public Interest Auction
No abstract provided.
Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson
Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson
Articles & Chapters
No abstract provided.
Autonomy And Accountability: Why Informed Consent, Consumer Protection, And Defunding May Beat Conversion Therapy Bans, Melissa Ballengee Alexander
Autonomy And Accountability: Why Informed Consent, Consumer Protection, And Defunding May Beat Conversion Therapy Bans, Melissa Ballengee Alexander
Faculty Articles
No abstract provided.
Decriminalizing Childhood, Andrea L. Dennis
Decriminalizing Childhood, Andrea L. Dennis
Scholarly Works
Even though the number of juveniles arrested, tried and detained has recently declined, there are still a large number of delinquency cases, children under supervision by state officials, and children living in state facilities for youth and adults. Additionally, any positive developments in juvenile justice have not been evenly experienced by all youth. Juveniles living in urban areas are more likely to have their cases formally processed in the juvenile justice system rather than informally resolved. Further, the reach of the justice system has a particularly disparate effect on minority youth who tend to live in heavily-policed urban areas.
The …
Bending The Curve: Reflections On A Decade Of Illinois Juvenile Justice Reform, Diane C. Geraghty
Bending The Curve: Reflections On A Decade Of Illinois Juvenile Justice Reform, Diane C. Geraghty
Faculty Publications & Other Works
No abstract provided.
A Proposal To Allow The Presentation Of Mitigation In Juvenile Court So That Juvenile Charges May Be Expunged In Appropriate Cases, Katherine I. Puzone
A Proposal To Allow The Presentation Of Mitigation In Juvenile Court So That Juvenile Charges May Be Expunged In Appropriate Cases, Katherine I. Puzone
Faculty Scholarship
No abstract provided.
(Re-)Grasping The Opportunity Interest: Lehr V. Robertson And The Terminated Parent, Lashanda Taylor Adams
(Re-)Grasping The Opportunity Interest: Lehr V. Robertson And The Terminated Parent, Lashanda Taylor Adams
Journal Articles
In 1997, an Ohio court terminated Peggy Fugate’s parental rights to her sixyear-old daughter, Selina. At the time, Ms. Fugate, an incarcerated drug abuser, did not fight the order, believing her daughter would be adopted into a clean, stable home.1 However, Selina was never adopted. For the next seven years, Selina had trouble with the police and ran away from her foster home numerous times. While Selina’s life was going downhill in many respects, her mother was rehabilitating. She entered recovery, married, obtained full-time employment and was living in stable housing with enough room for her daughter. Recognizing the strides …
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Ohio State University Dispute Resolution In Special Education Symposium Panel, Robert Dinerstein
The Ohio State University Dispute Resolution In Special Education Symposium Panel, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
2013 Survey Of Juvenile Law, Michael J. Dale
2013 Survey Of Juvenile Law, Michael J. Dale
Faculty Scholarship
No abstract provided.
Youth Matters: Miller V. Alabama And The Future Of Juvenile Sentencing, John F. Stinneford
Youth Matters: Miller V. Alabama And The Future Of Juvenile Sentencing, John F. Stinneford
UF Law Faculty Publications
In the Supreme Court's latest Eighth Amendment decision, Miller v. Alabama, the Court held that statutes authorizing mandatory sentences of life in prison with no possibility of parole are unconstitutional as applied to offenders who were under eighteen when they committed their crimes. This short essay examines several themes presented in Miller, including the constitutional significance of youth and science, the legitimacy of mandatory life sentences and juvenile transfer statutes, and the conflict between “evolving standards of decency” and the Supreme Court’s “independent judgment.”
This essay also introduces important articles by Richard Frase, Carol Steiker and Jordan Steiker, …
2012 Survey Of Juvenile Law, Michael J. Dale
2012 Survey Of Juvenile Law, Michael J. Dale
Faculty Scholarship
No abstract provided.
The Other Missouri Model: Systemic Juvenile Injustice In The Show-Me State, Mae C, Quinn
The Other Missouri Model: Systemic Juvenile Injustice In The Show-Me State, Mae C, Quinn
Journal Articles
For years Missouri has been touted as a model for juvenile justice. Stakeholders and commentators continually declare that the Show-Me State – with its “Missouri Model” – employs the most modern and innovative ap-proaches when it comes to treatment of court-involved youth. This account is reflected in press coverage, television news shows, and agency white papers. But this is only part of the picture; there is much more happening in Missouri when it comes to juveniles. However, this “other” part of the story seldom has been openly discussed – until now.1. This Article seeks to contrast the rosy picture painted …
Giving Kids Their Due: Theorizing A Modern Fourteenth Amendment Framework For Juvenile Defense Representation, Mae C. Quinn
Giving Kids Their Due: Theorizing A Modern Fourteenth Amendment Framework For Juvenile Defense Representation, Mae C. Quinn
Journal Articles
This Essay advocates expansion of the right to and role of juvenile-defense counsel under the Fourteenth Amendment as articulated by the Supreme Court in In re Gault. It makes this move in light of the evolution of juvenile-court practices over time and modern understandings of adolescent development principles. In doing so it takes a different approach than many advocates and academics who have called for greater reliance on the concepts established in Gideon v. Wainwright and its progeny, relating to the right to and role of counsel in adult-criminal proceedings. Instead it suggests that standards of representation for juveniles must …
To Testify Or Not To Testify: The Dilemma Facing Children With Multiple Cases Before The Same Judge In Delinquency Court, Katherine I. Puzone
To Testify Or Not To Testify: The Dilemma Facing Children With Multiple Cases Before The Same Judge In Delinquency Court, Katherine I. Puzone
Faculty Scholarship
No abstract provided.
Treating Juveniles Like Juveniles: Getting Rid Of Transfer And Expanded Adult Court Jurisdiction, Christopher Slobogin
Treating Juveniles Like Juveniles: Getting Rid Of Transfer And Expanded Adult Court Jurisdiction, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The number of juveniles transferred to adult court has skyrocketed in the past two decades and has only recently begun to level off. This symposium article argues that, because it wastes resources, damages juveniles, and decreases public safety, transfer should be abolished. It also argues that the diminished culpability rationale that has had much-deserved success at eliminating the juvenile death penalty and mandatory life without parole for juveniles is not likely to have a major impact on the much more prevalent practices of transferring mid- and older-adolescents to adult court and expanding adult court jurisdiction to adolescents; neither the law …
The Legal Significance Of Adolescent Development On The Right To Counsel: Establishing The Constitutional Right To Counsel For Teens In Child Welfare Matters And Assuring A Meaningful Right To Counsel In Delinquency Matters, Michael J. Dale, Jennifer K. Pokempner, Riya Saha Shah, Mark F. Houldin, Robert G. Schwartz
The Legal Significance Of Adolescent Development On The Right To Counsel: Establishing The Constitutional Right To Counsel For Teens In Child Welfare Matters And Assuring A Meaningful Right To Counsel In Delinquency Matters, Michael J. Dale, Jennifer K. Pokempner, Riya Saha Shah, Mark F. Houldin, Robert G. Schwartz
Faculty Scholarship
No abstract provided.
The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg
The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg
Faculty Scholarship
This article is a continuation of a discussion as to why, as a matter of Florida constitutional law, public policy, and professional ethics, Florida's children need independent attorneys from the inception of all dependency and termination of parental rights cases to their completion. It is based upon events which have occurred since the authors' last article on this topic in the Nova Law Review, including the Barahona case, the resolution by the American Bar Association (ABA) in August 2011 at its Annual Convention in Toronto adopting the ABA Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency …
Learning From The Master: Things Betty Thompson Taught Me, David Spratt
Learning From The Master: Things Betty Thompson Taught Me, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry
Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry
Faculty Scholarship
Legal and ethical regimes relating to adolescent medical decision making resemble what Judge Frank H. Easterbrook derisively called “the Law of the Horse”: Many laws deal with horses, he wrote, but there is no such field as “horse law.” Similarly, even though the United States has juvenile and family courts, as well as pediatric and adolescent medical departments, there is not a distinct field of “adolescent medical decision-making law” or ethics; there are just many disparate policies that implicate or impinge upon decisions made by adolescents. These include state laws ranging from those that permit minors to seek treatment for …
Omar Khadr: Domestic And International Litigation Strategies For A Child In Armed Conflict Held At Guantanamo, Richard J. Wilson
Omar Khadr: Domestic And International Litigation Strategies For A Child In Armed Conflict Held At Guantanamo, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
This essay explores the intersections and tensions between international human rights law and international humanitarian law as those two doctrinal areas played out in the concrete situation of Omar Khadr, a Canadian child detainee at Guantanamo Bay. Particular focus is given to how issues regarding his youth were addressed by the many tribunals involved: in the multiple venues of courts in the United States and Canada, and in international human rights bodies. The issues on Omar’s youth span many contexts, raising judicial questions regarding the legality of his detention, his treatment and separation from adults while detained, jurisdiction to prosecute …
Dean's Column: Unchain The Children, Mary Berkheiser
Dean's Column: Unchain The Children, Mary Berkheiser
Scholarly Works
No abstract provided.
The New Illegitimacy: Winning Backward In The Protection Of The Children Of Lesbian Couples, Nancy Polikoff
The New Illegitimacy: Winning Backward In The Protection Of The Children Of Lesbian Couples, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser
Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser
Scholarly Works
In Graham v. Florida, the United States Supreme Court declared that life sentences without the possibility of parole for non-homicides are off limits for all juveniles. Following its lead in Roper v. Simmons, the landmark decision in which the Court abolished the juvenile death penalty, the Court expanded on its Eighth Amendment juvenile jurisprudence by ruling that locking up juveniles for life based on crimes other than homicides is cruel and unusual and, therefore, prohibited by the Eighth Amendment. With that ruling, the Court erected a categorical bar to incarcerating forever those not yet adults at the time …
Juvenile Incarceration And The Pains Of Imprisonment, Jeffrey Fagan, Aaron Kupchik
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 …