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Articles 1 - 11 of 11
Full-Text Articles in Juvenile Law
Due Process Junior: Competent (Enough) For The Court, Tigan Woolson
Due Process Junior: Competent (Enough) For The Court, Tigan Woolson
Journal of Law and Health
There are many reports presenting expert policy recommendations, and a substantial volume of research supporting them, that detail what should shape and guide statutes for juvenile competency to stand trial. Ohio has adopted provisions consistent with some of these recommendations, which is better protection than relying on case law and the adult statutes, as some states have done. However, the Ohio statute should be considered a work in progress.
Since appeals courts are unlikely to provide meaningful review for the substance of a juvenile competency determination, the need for procedures for ensuring that the determination is initially made in a …
The Law Of Disposable Children: Searches In Schools, Tonja Jacobi, Riley Clafton
The Law Of Disposable Children: Searches In Schools, Tonja Jacobi, Riley Clafton
UC Irvine Law Review
It’s the forgotten, discarded, disposable people. That’s so often who you find in jail—the forgotten.
—Rev. David Kelly, explaining why he devotes himself to working with children coming out of the juvenile detention system.
Many schools treat children as “disposable.”
—Francisco Arenas, Juvenile Probation Officer at Cook County Juvenile Probation.
Schoolchildren are being strip-searched based on little or no reasonable suspicion, and schoolchildren are being targeted for searches based on their race, disability status, gender, or homelessness. This is possible because the Supreme Court has issued only two opinions in its history about the right of schoolchildren to be free …
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 …
Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, André Douglas Pond Cummings, Todd J. Clark, Caleb Gregory Conrad, Amy Dunn Johnson
Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, André Douglas Pond Cummings, Todd J. Clark, Caleb Gregory Conrad, Amy Dunn Johnson
University of Cincinnati Law Review
No abstract provided.
Unshackled: Stories Of Redemption Among Serious Youth Offenders, Julie E. Mcconnell
Unshackled: Stories Of Redemption Among Serious Youth Offenders, Julie E. Mcconnell
Richmond Public Interest Law Review
In a series of decisions concerning child defendants, the United States Supreme
Court has embraced the understanding, based on adolescent brain
development, that the legal system must recognize children are different than
adults concerning criminal culpability and sentencing. That recognition, culminating
in Miller v. Alabama and Montgomery v. Louisiana, led to the opportunity
for thousands of individuals across the country, initially sentenced
to death-in-prison sentences when they were minors, to gain a meaningful
opportunity for release. These cases permanently banned mandatory life sentences
for children. In Virginia, the legislature now allows reconsideration
of these cases through hearings before the parole …
Extraordinary (Circumstances) Injustice, Melissa Capalbo
Extraordinary (Circumstances) Injustice, Melissa Capalbo
St. John's Law Review
(Excerpt)
The box . . . . It’s a small room, so you really don’t move
around a lot. You wake up, and there’s a toilet right next to
your head. You look out the window and you see birds fly-
ing, and that only leads your mind into wanting freedom
more. And since it’s a small room, it makes you think cra-
zy. . . .Right now, I’m five-foot-seven. I grew. I came here
when I was five feet tall.
This is Rikers Island. The 19-year-old boy who shared his story is certainly not alone. Thousands of youth from …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Race In Washington’S Juvenile Legal System: 2021 Report To The Washington Supreme Court, Task Force 2.0 Juvenile Justice Subcommittee
Race In Washington’S Juvenile Legal System: 2021 Report To The Washington Supreme Court, Task Force 2.0 Juvenile Justice Subcommittee
Seattle University Law Review
Part I of this report provides the core work of the subcommittee and is intended to function as a stand-alone document, expressed in youth- friendly language, that sets forth: (1) the youth-articulated goals for systemic change to the juvenile legal system; (2) a narrative of how the system currently works and the harms caused; and (3) the change needed to bring about the youth-articulated goals for systemic change. This document is intended to be a youth-centered blueprint for change—a tool for community advocates, a framework for policy makers, and a call-in to the many institutional actors to center the leadership …
Foreword, Seattle University Law Review
“I Was Just A Kid”: Addressing The Collateral Consequences Of A Juvenile Record On Employment, Lauren Wray
“I Was Just A Kid”: Addressing The Collateral Consequences Of A Juvenile Record On Employment, Lauren Wray
Touro Law Review
There is a common myth that juvenile records are confidential, when in fact only nine states fully prohibit public access to juvenile records. Landlords, employers, and educators in a majority of states may ask questions about a juvenile’s record. Studies have shown that employers are less likely to hire an applicant who has a juvenile delinquency, and that many employers may not be able to differentiate between a juvenile and adult record. This Note reviews the intersectional flaws of the New York juvenile justice system and the New York labor laws. Specifically, it evaluates policies New York has implemented with …