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Criminal Law and Procedure

2012

Juvenile Law

Articles 1 - 3 of 3

Full-Text Articles in Law

Delinquent By Reason Of Poverty, Tamar R. Birckhead Jan 2012

Delinquent By Reason Of Poverty, Tamar R. Birckhead

Tamar R Birckhead

This Article, written for the 12th Annual Access to Equal Justice Colloquium, explores the disproportionate representation of low-income children in the United States juvenile justice system. It examines the structural and institutional causes of this development, beginning with the most common points of entry into delinquency court—the child welfare system, public schools, retail stores, and neighborhood police presence. It introduces the concept of needs-based delinquency, a theory that challenges basic presuppositions about the method by which children are adjudicated delinquent. It argues that at each stage of the process—from intake through adjudication to disposition and probation—the court gives as much …


The Debate, David M. Smolin, Elizabeth Bartholet Jan 2012

The Debate, David M. Smolin, Elizabeth Bartholet

David M. Smolin

This chapter is taken from a forthcoming book on Intercountry Adoption, edited by Judith L. Gibbons and Karen Smith Robati and forthcoming in June of 2012. The chapter constitutes a debate between Professor Elizabeth Bartholet and Professor David Smolin. Each independently was given three questions to answer, and then one opportunity to respond to the other's answers to those three questions, all with strict space limitations. The debate illustrates some of the starkly different perspectives regarding the law, policies, and facts relevant to intercountry adoption.


Two Truths And A Lie: In Re John Z. And Other Stories At The Juncture Of Teen Sex & The Law, Michelle Oberman Dec 2011

Two Truths And A Lie: In Re John Z. And Other Stories At The Juncture Of Teen Sex & The Law, Michelle Oberman

Michelle Oberman

Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the …