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Full-Text Articles in Law
Closing The Widening Net: The Rights Of Juveniles At Intake, Tamar R. Birckhead
Closing The Widening Net: The Rights Of Juveniles At Intake, Tamar R. Birckhead
Tamar R Birckhead
Should juveniles have more, fewer, the same or different procedural rights than are accorded to adults? This question, posed by Professor Arnold Loewy for a panel at the 2013 Texas Tech Law Review Symposium on Juveniles and Criminal Law, requires us to examine our goals for the juvenile court system. My primary goal, having practiced in both adult criminal and juvenile delinquency forums for over twenty years, is to ensure that the reach of juvenile court is no wider than necessary, as research indicates that when children are processed through the juvenile court system and adjudicated delinquent, the impact is …
North Carolina, Juvenile Court Jurisdiction, And The Resistance To Reform, Tamar R. Birckhead
North Carolina, Juvenile Court Jurisdiction, And The Resistance To Reform, Tamar R. Birckhead
Tamar R Birckhead
North Carolina is the only state in the United States that treats all sixteen- and seventeen-year-olds as adults when they are charged with criminal offenses and then denies them the ability to appeal for return to the juvenile system. Thirty-seven states cap juvenile court jurisdiction at age eighteen, while ten do so at seventeen. In addition, as reflected by international treaties and instruments, many nations of the world consider eighteen to be the most appropriate age for delineating between juvenile and adult court jurisdiction. Not surprisingly, the consequences of North Carolina's scheme for prosecuting minors can be particularly severe. The …
The Age Of The Child: Interrogating Juveniles After Roper V. Simmons, Tamar R. Birckhead
The Age Of The Child: Interrogating Juveniles After Roper V. Simmons, Tamar R. Birckhead
Tamar R Birckhead
With its recent decision in Roper v. Simmons, invalidating the imposition of the death penalty on offenders who were younger than eighteen when their crimes were committed, the U.S. Supreme Court has heralded a major shift in the perspective of the legal system—and the culture at large—towards adolescents who commit crimes. Invoking social science research as well as a “common sense” understanding of the differences between teenagers and adults, the Court found that as a categorical matter, juveniles are not as culpable as adults and thus, cannot be classified among the “worst offenders,” deserving of the most severe punishment. Yet, …
Detention Hearings, Tamar R. Birckhead, Wendy S. Wayne
Detention Hearings, Tamar R. Birckhead, Wendy S. Wayne
Tamar R Birckhead
No abstract provided.