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Criminal Procedure Commons

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Full-Text Articles in Criminal Procedure

No Child Left Behind Bars: Applying The Principles Of Strict Scrutiny When Sentencing Juveniles Tried As Adults, Max Chu Apr 2022

No Child Left Behind Bars: Applying The Principles Of Strict Scrutiny When Sentencing Juveniles Tried As Adults, Max Chu

William & Mary Law Review

The Commonwealth of Virginia was the first in the nation to pass legislation that provides judges with the discretion to veer away from the mandatory minimum sentence and to impose trauma-informed and age-appropriate sentences for juvenile offenders convicted of felonies and tried as adults. Although Virginia’s new law, House Bill 744 (HB 744), is a pioneering step in the right direction, this Note argues that the law may now provide judges with too much discretion. In other words, HB 744 alone, without more guidance, does not go far enough to protect the rights of juvenile offenders.

Therefore, this Note proposes …


The Guiding Hand Of Counsel, For A Price: Juvenile Public Defender Fees And Their Effects, Hannah R. Gourdie Feb 2021

The Guiding Hand Of Counsel, For A Price: Juvenile Public Defender Fees And Their Effects, Hannah R. Gourdie

William & Mary Law Review

When he was thirteen, Jonathan, a teenager from New Hampshire, was charged with simple assault after a fight with his father. During his hearing in juvenile court, his father refused to pay the $275 New Hampshire public defender fee, and Jonathan—unable to afford the price of counsel—waived his right to an attorney. He was placed on probation and struggled to meet his probation requirements, resulting in his arrest for probation violations. Because the court was deciding whether to detain Jonathan, Jonathan was appointed a juvenile defender. The attorney brought Jonathan’s unstable home life to the judge’s attention, and the judge …


Book Review Of The Rights Of Children: Emergent Concepts In Law And Society; Beyond The Best Interest Of The Child; And Cases And Materials On Modern Juvenile Justice, W. Anthony Fitch May 1974

Book Review Of The Rights Of Children: Emergent Concepts In Law And Society; Beyond The Best Interest Of The Child; And Cases And Materials On Modern Juvenile Justice, W. Anthony Fitch

William & Mary Law Review

No abstract provided.


The Dilemma Of The "Uniquely Juvenile" Offender Dec 1972

The Dilemma Of The "Uniquely Juvenile" Offender

William & Mary Law Review

No abstract provided.


Juvenile Courts - Proper Quantum Of Proof In Juvenile Hearings. In Re Samuel Winship, 90 S. Ct. 1068 (1970), Dennis L. Beck Oct 1970

Juvenile Courts - Proper Quantum Of Proof In Juvenile Hearings. In Re Samuel Winship, 90 S. Ct. 1068 (1970), Dennis L. Beck

William & Mary Law Review

No abstract provided.