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Juvenile Law Commons

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Full-Text Articles in Juvenile Law

An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth Nov 1985

An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth

Michigan Law Review

This Note attempts to resolve the arguments presented in the literature and the case law and determine whether the federal Constitution mandates a right to treatment for involuntarily incarcerated juveniles. Part I examines the varied situations that have given rise to right to treatment claims. Part II elucidates the three principal theories on which right to treatment claims have been based: (1) that because the purpose of incarcerating juveniles is to promote their welfare, rehabilitation is mandated by the due process requirement that the nature of the commitment "bear some reasonable relation to the purpose for which the individual is …


Juveniles' Waiver Of Rights: Legal And Psychological Competence, Michigan Law Review Mar 1982

Juveniles' Waiver Of Rights: Legal And Psychological Competence, Michigan Law Review

Michigan Law Review

A Review of Juveniles' Waiver of Rights: Legal and Psychological Competence by Thomas Grisso


Delinquent Measures, David Seidman Mar 1982

Delinquent Measures, David Seidman

Michigan Law Review

A Review of Measuring Delinquency by Michael J. Hindelang, Travis Hirsch, and Joseph G. Weis


From Rhetoric To Reality: The Juvenile Court And The Decline Of The Rehabilitative Ideal, Samuel M. Davis Mar 1979

From Rhetoric To Reality: The Juvenile Court And The Decline Of The Rehabilitative Ideal, Samuel M. Davis

Michigan Law Review

A Review of The Best-Laid Plans: America's Juvenile Court Experiment by Ellen Ryerson


Juvenile Curfew Ordinances And The Constitution, Michigan Law Review Nov 1977

Juvenile Curfew Ordinances And The Constitution, Michigan Law Review

Michigan Law Review

Recognizing that a legislature must decide whether to enact a juvenile curfew without the benefit of conclusive data on the effectiveness of such laws, the remainder of this Note will focus primarily upon the constitutional issues raised by such ordinances. The freedom of movement that is limited by a curfew is, it will be argued, an unenumerated right protected by the ninth and fourteenth amendments. The constitutional rights of juveniles, however, -are not necessarily coextensive with those of adults. Certain characteristics of juveniles-in particular, their lesser capacity for reason and self-control-imply that the strength of their right to freedom of …


The Legacy Of The Stubborn And Rebellious Son, Irene Merker Rosenberg, Yale L. Rosenberg May 1976

The Legacy Of The Stubborn And Rebellious Son, Irene Merker Rosenberg, Yale L. Rosenberg

Michigan Law Review

In twentieth century America, as in Biblical ,times, parents unable to subdue their disobedient children are authorized to invoke the coercive power of the state. As recently as 1971, for example, the Supreme Judicial Court of Massachusetts rejected constitutional challenges to the state's "stubborn child" law, which at the time of its original enactment in 1646 was patterned after the above-quoted verse from Deuteronomy. The court upheld an adjudication that an adolescent girl who refused to submit to a medical examination, used vulgar language, slammed doors, and stayed outside the home "probably talking with the boys," was a "stubborn child" …