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Full-Text Articles in Law

The Nurturing Parenting Programs, Us Department Of Justice Nov 2000

The Nurturing Parenting Programs, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.


Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein Jun 2000

Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein

University of Michigan Journal of Law Reform

Recent developments in the neurosciences have led to dramatic breakthroughs in the area of brain development and the understanding of consequences of neglect. Because this process was heretofore not understood, legislators have been wary of drafting child protection statutes that afforded the possibility for arbitrary interference with families. Strict statutory standards have been adopted that allow coercive intervention only in cases where the child is at substantial risk of imminent physical harm, or after some of the most severe consequences of neglect have been identified. These laws do not consider developmental harm because it does not present an imminent danger …


The Silent Victims: Children And Domestic Violence, Nancy Ver Steegh Jan 2000

The Silent Victims: Children And Domestic Violence, Nancy Ver Steegh

Faculty Scholarship

Few of us would fail to intercede if we happened upon a child being physically attacked. Most of us would shield even an unknown child from witnessing a traumatic event. If we knew that a child might come to harm, such as a toddler playing in traffic, most of us would escort that child to safety. On a personal level, we are committed to the well being of our children. As a society, however, we close our ears to the cries of the children growing up in violent homes. It is now time to give them voice. New research reveals …


The Criminalization Of Child Welfare In New York City: Sparing The Child Or Spoiling The Family?, Alison B. Vreeland Jan 2000

The Criminalization Of Child Welfare In New York City: Sparing The Child Or Spoiling The Family?, Alison B. Vreeland

Fordham Urban Law Journal

The trend in child welfare has been to err on the side of protection, often considered erring on the side of the child. While this approach may have been appropriate to overcome a long history of State abstinence from involvement in the family domain, it has been under-inclusive in protecting the child's fundamental right to a parent-child relationship. A delicate balance must be struck between family autonomy and State intervention. This balance is best achieved in the family court when the child's best interest is represented and the family is addressed as a whole. Under traditional criminal procedure, which focuses …


5. Child Witnesses And The Oath: Empirical Evidence., Thomas D. Lyon Dec 1999

5. Child Witnesses And The Oath: Empirical Evidence., Thomas D. Lyon

Thomas D. Lyon

In Commonwealth v. Corbett, the defendant was charged with sexually assaulting a five-year-old child. As in most cases of sexual abuse, the child was the only witness to the abuse, and the prosecution viewed her testimony as essential. However, before the prosecutor could present the child's testimony to the jury, it was necessary to qualify her for the oath. Most courts require that child witnesses have some understanding of the difference between the truth and lies and the importance of telling the truth, and Massachusetts is no exception. A child who fails the qualifying questions is considered testimonially incompetent, and …