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- Juvenile Offenders (4)
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- Atkins v. Virginia (536 U.S. 304 (2002)) (1)
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Articles 1 - 7 of 7
Full-Text Articles in Criminal Law
In Loco Aequitatis: The Dangers Of 'Safe Harbor' Laws For Youth In The Sex Trades, Brendan M. Conner
In Loco Aequitatis: The Dangers Of 'Safe Harbor' Laws For Youth In The Sex Trades, Brendan M. Conner
Faculty Publications
This Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on May 29, 2015 the President signed legislation that would give preferential consideration for federal grants to states that have enacted a law that "discourages the charging or prosecution" of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally lauded, the sound …
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby
William & Mary Bill of Rights Journal
In striking down the death penalty for intellectually disabled and juvenile defendants, Atkins v. Virginia and Roper v. Simmons have been understandably heralded as important holdings under the Court’s Eighth Amendment jurisprudence that has found the death penalty “disproportional” for certain types of defendants and crimes. This Article argues, however, that the cases have a far more revolutionary reach than their conventional understanding. In both cases the Court went one step beyond its usual two-step analysis of assessing whether imposing the death penalty violated “evolving standards of decency.” This extra step looked at why even though intellectual disability and youth …
Precedent Or Problem?: Alameda County's Diversion Problem Policy For Youth Charged With Prostitution And The Case For A Policy Of Immunity, Janet C. Sully
Precedent Or Problem?: Alameda County's Diversion Problem Policy For Youth Charged With Prostitution And The Case For A Policy Of Immunity, Janet C. Sully
William & Mary Law Review
No abstract provided.
Punishing Children In The Criminal Law, Cynthia V. Ward
Punishing Children In The Criminal Law, Cynthia V. Ward
Faculty Publications
No abstract provided.
The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl
The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl
William & Mary Law Review
No abstract provided.
Section 1: Moot Court, Roper V. Simmons, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court, Roper V. Simmons, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Double Jeopardy In Juvenile Proceedings, David S. Rudstein
Double Jeopardy In Juvenile Proceedings, David S. Rudstein
William & Mary Law Review
No abstract provided.