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Articles 1 - 12 of 12
Full-Text Articles in Juvenile Law
Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing, Josh Gupta-Kagan
Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing, Josh Gupta-Kagan
Washington Law Review
For more than 120 years, juvenile justice law has not substantively defined the core questions in most delinquency cases—when should the state prosecute children rather than divert them from the court system (the intake decision), and what should the state do with children once they are convicted (the sentencing decision)? Instead, the law has granted certain legal actors wide discretion over these decisions, namely prosecutors at intake and judges at sentencing. This Article identifies and analyzes an essential reform trend changing that reality: legislation, enacted in at least eight states in the 2010s, to limit when children can be prosecuted …
Lengthy Minimum Parole Requirements: A Denial Of Hope, Heather Walker
Lengthy Minimum Parole Requirements: A Denial Of Hope, Heather Walker
Brigham Young University Prelaw Review
Using the Eighth Amendment, which prohibits cruel and unusual punishment, the Supreme Court has made sweeping changes to juvenile sentencing in the last fifteen years. The Court has stated that mandatory life sentences without the possibility of parole and life sentences without the possibility of parole for non-homicide offenders are unconstitutional. Nevertheless, there are still unanswered questions in juvenile sentencing. One under-researched aspect of this is the role that lengthy minimum parole requirements play in the constitutionality of juvenile sentencing. This type of sentencing lacks express legislative support, it does not have a legitimate penological justification, and it denies juveniles …
My Life In Crime: An Intellectual History Of The Juvenile Court, Barry C. Feld
My Life In Crime: An Intellectual History Of The Juvenile Court, Barry C. Feld
Nevada Law Journal
No abstract provided.
Pursuing Gault, David S. Tanenhaus, Eric C. Nystrom
Pursuing Gault, David S. Tanenhaus, Eric C. Nystrom
Nevada Law Journal
No abstract provided.
Pursuing Justice For The Child: The Forgotten Women Of In Re Gault, David S. Tanenhaus
Pursuing Justice For The Child: The Forgotten Women Of In Re Gault, David S. Tanenhaus
Scholarly Works
In this article, I first draw on my recent book The Constitutional Rights of Children to introduce the facts of the case and place the case in the larger context of the history of American juvenile justice. I then focus specifically on the role of four remarkable women in the history of this landmark decision: Marjorie Gault, Gerald's mother; Amelia Lewis, Gerald's lawyer; Lorna Lockwood, an Arizona lawyer who became the first woman to serve as the Chief Justice of a State Supreme Court; and Getrude "Traute" Mainzer, who assisted in the litigation of Gerald's case before the U.S. Supreme …
Transforming Juvenile Justice: Making Doctrine Out Of Dicta In Graham V. Florida, Jason Zolle
Transforming Juvenile Justice: Making Doctrine Out Of Dicta In Graham V. Florida, Jason Zolle
Michigan Law Review First Impressions
In the late 1980s and 1990s, many state legislatures radically altered the way that their laws treated children accused of crimes. Responding to what was perceived of as an epidemic of juvenile violence, academics and policymakers began to think of child criminals as a "new breed" of incorrigible "superpredators." States responded by making it easier for prosecutors to try and sentence juveniles as adults, even making it mandatory in some circumstances. Yet in the past decade, the Supreme Court handed down four opinions that limit the states' ability to treat children as adults in the justice system. Roper v. Simmons …
Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions, Patrick Metze
Plugging The School-To-Prison Pipeline By Improving Behavior And Protecting Core Judicial Functions, Patrick Metze
Patrick Metze
The consolidation of the Texas Youth Commission (TYC) and the Texas Juvenile Probation Commission (TJPC) into the Texas Juvenile Justice Department (TJJD) in 2011, produced a unified state juvenile justice agency to promote public safety first and to produce positive outcomes for youth, families, and communities second. As Professor Metze’s second paper discussing ways to effect a change in the School-to-Prison Pipeline, he first highlights the progress of TJJD’s use of Positive Behavioral Interventions and Supports (PBIS) in the Texas juvenile correctional context as continued evidence that such techniques, if effective in the correctional setting, will certainly work in the …
Graham V. Florida: How The Supreme Court's Rationale Encourages Reform Of The Juvenile Justice System Through Alternative Dispute Resolution Strategies, Heather Hojnacki
Graham V. Florida: How The Supreme Court's Rationale Encourages Reform Of The Juvenile Justice System Through Alternative Dispute Resolution Strategies, Heather Hojnacki
Pepperdine Dispute Resolution Law Journal
The article presents information on the reforms in the juvenile justice system of the U.S. through alternative dispute resolution-based strategies which has been illustrated with the U.S. Supreme Court cases Roper v. Simmons, and Graham v. Florida. It discusses rationale of the U.S. Supreme Court in Graham case and analyzes Graham's current and future impact. A proportionality standard expressed in legislative enactments and state practice was applied by the U.S. Supreme Court in Graham case.
Conceptualizations Of Legalese In The Course Of Due Process, From Arrest To Plea Bargain: The Perspectives Of Disadvantaged Offenders, Shiv Narayan Persaud
Conceptualizations Of Legalese In The Course Of Due Process, From Arrest To Plea Bargain: The Perspectives Of Disadvantaged Offenders, Shiv Narayan Persaud
Journal Publications
"Equal protection" and "due process of law" are constitutional guarantees tenaciously embraced by all Americans.' While numerous studies focused on how these guarantees play out in the lives of offenders, few sought to examine these guarantees from the standpoint of offenders, particularly those from disadvantaged socio-economic backgrounds. Guaranteed under the Fourteenth Amendment of the U.S. Constitution, the Equal Protection Clause makes clear, in part, that, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due …
Between Dependency And Liberty: The Conundrum Of Children’S Rights In The Gilded Age, David S. Tanenhaus
Between Dependency And Liberty: The Conundrum Of Children’S Rights In The Gilded Age, David S. Tanenhaus
Scholarly Works
Although legal scholars often assume that the history of children's rights in the United States did not begin until the mid twentieth century, this essay argues that a sophisticated conception of children's rights existed a century earlier, and analyzes how lawmakers articulated it through their attempts to define the rights of dependent children. How to handle their cases raised fundamental questions about whether children were autonomous beings or the property of either their parents and/or the state. And, if the latter, what were the limits of parental authority and/or the power of the state acting as a parent? By investigating …
The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer
The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer
Seattle University Law Review
This Comment analyzes the significance of the principles animating the constitutional privilege against self-incrimination by first looking at the purposes of Washington’s Juvenile Justice Act; second, by examining the status of the privilege against self-incrimination during sentencing; and third, by applying the values protected by the privilege to the use of predisposition psychological evaluations in Washington juvenile courts.
Punishment And Juvenile Justice: A Conceptual Framework For Assessing Constitutional Rights Of Youthful Offenders, Martin R. Gardner
Punishment And Juvenile Justice: A Conceptual Framework For Assessing Constitutional Rights Of Youthful Offenders, Martin R. Gardner
Vanderbilt Law Review
This Article attempts to provide an analytical framework for identifying the punitive aspects of the juvenile justice system. The Article proposes a framework that is extrapolated from Supreme Court cases which define punishment in contexts outside the juvenile area. Several commentators have criticized the Court's definitional efforts, some because of perceived inadequacies in the developed definitions, others because of the belief that the very enterprise of defining constitutional rights in terms of the presence or absence of punishment is misguided . Although many of these criticisms of the Court's record are understandable, the alleged defects are less detrimental to an …