Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- 601 (1)
- 602 (1)
- 603 (1)
- 611 (1)
- 806 (1)
-
- Child witness (1)
- Cognitive development (1)
- Competency (1)
- Confrontation Clause (1)
- Crawford v. Washington (1)
- Criminal Law and Procedure (1)
- Death Penalty Statute (1)
- Due Process Clause (1)
- Exemption (1)
- Federal Rules of Evidence (1)
- Fifth Amendment (1)
- Idaho v. Wright (1)
- Juvenile Offenders (1)
- Juvenile adjudication (1)
- Juvenile justice (1)
- Juvenile law (1)
- Juvenile sex offender (1)
- Juveniles (1)
- LGBTQ discrimination (1)
- Mens rea (1)
- Miranda (1)
- National Sex Offender Registry (1)
- Non-sexual offense (1)
- Non-sexual predator (1)
- Offender registration (1)
Articles 1 - 7 of 7
Full-Text Articles in Juvenile Law
"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn Mclain
Maine Law Review
Young children are frequently precluded from testifying at trial on the grounds of incompetency because they cannot answer questions about abstract concepts regarding “truth” and “lies.” In this situation, should the child’s earlier, out-of-court statements disclosing the abuse and identifying the abuser also be inadmissible? The stakes are huge. If young children cannot testify, and their out-of-court statements are precluded, they simply become safe prey, unprotected by the judicial system. The pivotal question becomes, are there procedures that can ensure fairness both to children and to their alleged abusers? This article argues that a child’s testimonial incapacity at trial ought …
Juvenile False Confessions: Juvenile Psychology, Police Interrogation Tactics, And Prosecutorial Discretion, Marco Luna
Juvenile False Confessions: Juvenile Psychology, Police Interrogation Tactics, And Prosecutorial Discretion, Marco Luna
Nevada Law Journal
No abstract provided.
Kids Will Be Kids: Time For A "Reasonable Child" Standard For The Proof Of Objective Mens Rea Elements, Christopher M. Northrop, Kristina R. Rozan
Kids Will Be Kids: Time For A "Reasonable Child" Standard For The Proof Of Objective Mens Rea Elements, Christopher M. Northrop, Kristina R. Rozan
Maine Law Review
In a line of recent cases that have rocked the world of juvenile law, the Supreme Court relied on the latest brain science research with the timeless knowledge of parents to state forcefully and repeatedly that children are more impetuous, more vulnerable to outside pressures, less depraved, and less culpable for their actions than adults are. Yet criminal statutes refer to the “reasonable person” standard, which does not take into account the age of the accused as the benchmark for guilt or innocence. In doing so, we hold children to an irrelevant and arguably unfairly demanding behavioral ideal, and criminalize …
Exploring The Parameters Of A Child's Right To Redemption: Some Thoughts, Katherine Hunt Federle
Exploring The Parameters Of A Child's Right To Redemption: Some Thoughts, Katherine Hunt Federle
South Carolina Law Review
No abstract provided.
Juvenile Miranda Waivers: A Reasonable Alternative To The Totality Of The Circumstances Approach, Jean Pierce
Juvenile Miranda Waivers: A Reasonable Alternative To The Totality Of The Circumstances Approach, Jean Pierce
BYU Law Review
No abstract provided.
Non-Sexual Predators: The Negative Implications Of Required Registration For Non-Sexual Offenses, Alexandra Vargas
Non-Sexual Predators: The Negative Implications Of Required Registration For Non-Sexual Offenses, Alexandra Vargas
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
An Aggravating Adolescence: An Analysis Of Juvenile Convictions As Statutory Aggravators In Capital Cases, Lesley A. O'Neill
An Aggravating Adolescence: An Analysis Of Juvenile Convictions As Statutory Aggravators In Capital Cases, Lesley A. O'Neill
Georgia Law Review
In death penalty cases there is a requirement that
certain statutory aggravators must be present in order to
reach a death verdict. One such statutory aggravator in
most states is the defendant having previously committed
a felony, which can include crimes committed as a
juvenile. While the Supreme Court ruled in 2005 that
sentencing a defendant to death for crimes they committed
as a juvenile is unconstitutional, many states' death
penalty statutes allow for the possibility that the sole
aggravator relied on for a verdict of death is a previous
juvenile conviction. This Note argues that based on the
Court's …