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Full-Text Articles in Criminal Law
The Evolution Of Juvenile Justice From The Book Of Leviticus To Parens Patriae: The Next Step After In Re Gault, Donald E. Mcinnis, Shannon Cullen, Julia Schon
The Evolution Of Juvenile Justice From The Book Of Leviticus To Parens Patriae: The Next Step After In Re Gault, Donald E. Mcinnis, Shannon Cullen, Julia Schon
Loyola of Los Angeles Law Review
Since the arrival of the Pilgrims, American jurisprudence has known that its law-breaking children must be treated differently than adults. How children are treated by the law raises ethical and constitutional issues. This Article questions the current approach, which applies adult due process protections to children who are unable to fully understand their constitutional rights and the consequences of waiving those rights. The authors propose new Miranda warnings and a Bill of Rights for Children to protect children and their constitutional right to due process under the law.
In Re Cook And The Franklin Proceeding: New Door, Same Dilapidated House, Christopher Hawthorne, Marisa Sacks
In Re Cook And The Franklin Proceeding: New Door, Same Dilapidated House, Christopher Hawthorne, Marisa Sacks
Loyola of Los Angeles Law Review
The California Supreme Court’s decision in In re Cook was supposed to bring about a sea change in the way trial courts conduct Franklin mitigation hearings for youthful offenders. In fact, while Cook changed the procedure for initiating a post-conviction Franklin proceeding, little else has changed, including the lack of agreement among attorneys concerning best practices in these proceedings, and a less than less-than-enthusiastic response from the criminal defense bar. Absent any guidance from higher courts, the Franklin proceeding is limited by the personal and institutional energies and preferences of judges, prosecutors, public defenders and private defense counsel. The authors …