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- Juvenile court (7)
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Articles 1 - 30 of 35
Full-Text Articles in Juvenile Law
Capital Punishment Of Young Adults In Light Of Evolving Standards Of Science And Decency: Why Ohio Should Raise The Minimum Age For Death Penalty Eligibility To Twenty-Five (25), Talia Stewart
Cleveland State Law Review
Up until the Supreme Court’s 2005 ruling in Roper v. Simmons, juveniles could constitutionally be executed for qualifying criminal offenses. The Roper Court raised the minimum age for execution to eighteen, citing both a national consensus against executing minors, as well as recent research (at the time) showing that juveniles are more vulnerable to negative influences and outside pressures. Since Roper, the Supreme Court has remained silent regarding the requisite minimum age for execution and has left the decision up to individual states. While a slim majority of states have now abolished the death penalty in its entirety, …
Juvenile Life Without Parole: How The Supreme Court Of Ohio Should Interpret Montgomery V. Louisiana, Grace O. Hurley
Juvenile Life Without Parole: How The Supreme Court Of Ohio Should Interpret Montgomery V. Louisiana, Grace O. Hurley
Cleveland State Law Review
Regardless of the numerous differences between juveniles and adults, some states, including the State of Ohio, continue to impose upon juvenile homicide offenders one of the harshest forms of punishment: life without parole. In 2016, the United States Supreme Court decided Montgomery v. Louisiana, and in doing so, the Court reiterated its previous contention that a sentence of juvenile life without parole should only be imposed upon juvenile homicide offenders whose crimes reflect "irreparable corruption." The Supreme Court of Ohio has yet to apply the Court’s Montgomery decision, but this Note suggests that if it does, the court should …
Pushing The Limits: Reining In Ohio's Residency Restrictions For Sex Offenders, Taurean J. Shattuck
Pushing The Limits: Reining In Ohio's Residency Restrictions For Sex Offenders, Taurean J. Shattuck
Cleveland State Law Review
The danger to children posed by convicted sex offenders living near schools, parks, and bus stops has been greatly exaggerated by the media. In turn, many state legislatures have attempted to find solutions to this perceived problem, imposing sanctions that seem to keep the "problem" at bay. A relatively new approach prevents those convicted of sex crimes from living within a certain distance of places where children congregate. Ohio is one of the states that has adopted this approach. The problem with this approach, however, is that imposing such restrictions on all individuals convicted of certain crimes imposes barriers to …
(E)Racing Youth: The Racialized Construction Of California's Proposition 21 And The Development Of Alternate Contestations, Nicholas Espiritu
(E)Racing Youth: The Racialized Construction Of California's Proposition 21 And The Development Of Alternate Contestations, Nicholas Espiritu
Cleveland State Law Review
Illustrating the way in which conceptions of race and crime shape and are shaped by law is California's Proposition 21. Enacted in 2000, Proposition 21, also known as the Gang Violence and Juvenile Crime Prevention Act," was the product of California's direct democratic process through which voters are able to change the California Constitution through a simple majority vote. Part II address the ideological foundations of direct democracy and examines critically its ability to serve a democratic function. I examine the founders' rationale behind the decision not to employ a representative form of government, and look at direct democracy in …
The Effects Of Mediation In A Juvenile Incarceration Facility: Reduction Of Violence Through Transformation, Linda Morton, Floralynn Einesman
The Effects Of Mediation In A Juvenile Incarceration Facility: Reduction Of Violence Through Transformation, Linda Morton, Floralynn Einesman
Cleveland State Law Review
The use of mediation techniques to resolve conflicts among American youth has grown in popularity over the past two decades; Conflict resolution programs have blossomed in school systems, but there has been a dearth of mediation programs for one of our most violent youth groups: incarcerated juveniles. In this article, we describe and analyze the effects and the potential success of our program through the data we have collected. Our article will first describe the objectives and content of our mediation program in Juvenile Hall in San Diego. Relying on sociological and psychological theory in our second section, we will …
A Current Look At Ohio's Juvenile Justice System On The 100th Anniversary Of The Juvenile Court, Scott C. Zarzycki
A Current Look At Ohio's Juvenile Justice System On The 100th Anniversary Of The Juvenile Court, Scott C. Zarzycki
Cleveland State Law Review
This Note takes a closer look at the problems associated with transferring juveniles to adult court by focusing on Ohio's juvenile transfer statute. Part II begins with an analysis of the history of the juvenile court, including its establishment and evolution throughout time. It also includes an analysis of how the common interpretation of the original approach to juvenile crime has created an overly narrow view of how to deal with the problem today. Part III examines the latest crime statistics that reveal a significant drop in juvenile crime. This section also explores various alternative explanations for the apparent rise …
When Something Wicked This Way Comes: Evolving Standards Of Indecency - Thompson And Stanford Revisited , Jennifer L. Whitney
When Something Wicked This Way Comes: Evolving Standards Of Indecency - Thompson And Stanford Revisited , Jennifer L. Whitney
Cleveland State Law Review
If the death penalty becomes an option for children under sixteen, the unavoidable conclusion must be that we have reverted back to colonial theories of punishment. The issue facing the nation will again become at what age to draw the line. In this article I argue that, as a society, we must prevent such executions and refute claims that, as a result of the failure of the juvenile justice system to rehabilitate killers before they kill, a consensus in favor of reducing the minimum age of execution has evolved. Part II of this note presents the theories of colonial crime …
The Ohio Supreme Court Sets The Statute Of Limitations And Adopts The Discovery Rule For Childhood Sexual Abuse Actions: Now It Is Time For Legislative Action, R. Christopher Yingling
The Ohio Supreme Court Sets The Statute Of Limitations And Adopts The Discovery Rule For Childhood Sexual Abuse Actions: Now It Is Time For Legislative Action, R. Christopher Yingling
Cleveland State Law Review
This Note discusses the issue of childhood sexual abuse and challenges the appropriateness of Ohio's current statute of limitations for prosecuting a civil claim of childhood sexual abuse. Part II of this Note describes the problem of child sexual abuse in our society. Part III examines the short-and long-term effects of childhood sexual abuse, particularly memory repression. Part IV reviews the theory of recovered memories and the associated problems with reliability. Part V addresses Ohio's governing statute of limitations for civil claims of childhood sexual abuse. Part VI reviews the history of the discovery rule in Ohio and its application …
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Cleveland State Law Review
This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Cleveland State Law Review
This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …
Reading, Writing, But No Biting: Isolating School Children With Aids, Carolyn J. Kasler
Reading, Writing, But No Biting: Isolating School Children With Aids, Carolyn J. Kasler
Cleveland State Law Review
AIDS is a unique disease with unknown, unproven risks and undetermined potential for affecting our society's well-being. Due to the age and uncertainty of the disease, it must be addressed differently from any other diseases with which we have been faced in the past. The problems are severe, and barriers facing both victims and non-victims in the school setting are phenomenal. We must not be without compassion for the victims, children innocently contaminated by this devastating disease, for the victims in this country may soon outweigh the unaffected citizens. Presently, we have a duty to prevent the spread of this …
The Eighth Amendment And Capital Punishment Of Juveniles, Victor L. Streib
The Eighth Amendment And Capital Punishment Of Juveniles, Victor L. Streib
Cleveland State Law Review
The practice of imposing the death penalty for crimes committed while under the age of eighteen has occurred sporadically but persistently throughout American history. It gives every indication of continuing in this mode under current law and practice. Greatly differing approaches are followed by the various states as to the authorization and imposition of capital punishment for juveniles. This article explores the existence of a constitutionally-mandated minimum age below which the states may not venture in carrying out this practice. If such a nationwide minimum age exists or should exist, its justification can be found in current interpretations of the …
In Re Polovchak: Guidelines For The Grant Of Asylum To A Minor, Cheryl A. Blackburn
In Re Polovchak: Guidelines For The Grant Of Asylum To A Minor, Cheryl A. Blackburn
Cleveland State Law Review
The Polovchak controversy recently accentuated the absence of clear guidelines applicable to the grant of asylum to a minor. This Note will commence with an exploration of the competing interests which would be affected by the grant of asylum to a minor, including the parents' interest, the minor's interest, and the interest of the state. An analysis of the historical and current federal asylum procedure will follow. After examining In re Polovchak, this Note will recommend that a revision of the current asylum process is necessary to protect individual interests from arbitrary and unjustified decisions. Such a revision would establish …
Standard Of Proof In Proceedings To Terminate Parental Rights, Dean Michael Rooney
Standard Of Proof In Proceedings To Terminate Parental Rights, Dean Michael Rooney
Cleveland State Law Review
This Note advocates the use of the beyond-a-reasonable-doubt standard of proof in proceedings to terminate parental rights permanently. The Note will commence with background considerations such as the authority of the state to terminate parental rights, the rights of the parties involved in a termination proceeding and a discussion of standards of proof. Consideration will also be given to the factors which should have an impact on the standard of proof in permanent termination proceedings. These factors include: the vagueness of termination statutes, the fundamental right of family integrity, the broad discretionary powers of the courts involved, the need for …
Juvenile Delinquent And Unruly Proceedings In Ohio: Unconstitutional Adjudications, Patricia Simia Kleri
Juvenile Delinquent And Unruly Proceedings In Ohio: Unconstitutional Adjudications, Patricia Simia Kleri
Cleveland State Law Review
This article will focus on the constitutional defects of juvenile court adjudications under Ohio juvenile law. The arguments presented, however, are equally applicable in other jurisdictions since every state has some type of legislation granting juvenile court jurisdiction over both criminals and noncriminal misconduct of children.
Juvenile Delinquency Proceedings In Ohio: Due Process And The Hearsay Dilemma, Sara E. Strattan
Juvenile Delinquency Proceedings In Ohio: Due Process And The Hearsay Dilemma, Sara E. Strattan
Cleveland State Law Review
This comment will explore the extent to which the exclusion of hearsay evidence in a delinquency proceeding is a practical reality in the Ohio system. In so doing, the possibilities for abuse will be highlighted and suggestions for their elimination will be made, all in the spirit of the Supreme Court's mandate to provide fundamental due process safeguards to this procedure.
Blood Transfusions And Elective Surgery: A Custodial Function Of An Ohio Juvenile Court, M. J. Zaremski
Blood Transfusions And Elective Surgery: A Custodial Function Of An Ohio Juvenile Court, M. J. Zaremski
Cleveland State Law Review
Juvenile Court has traditionally been though of, within American jurisprudence, as an appendage of the state acting as parens patriae. This obligation dates back to the ancient role of the sovereign as protector of helpless children. An abundance of case law has con- strued and reinterpreted this doctrine, but none has significantly deviated from the general definition. Therefore, the description given in Black's Law Dictionary that parens patriae refers ". . to the sovereign power of guardianship over persons under disability . . . such as minors . . ." will suffice for the purposes of the ensuing discussion. These …
Banishment From The Kingdom Of Lake (County), Nelson G. Karl
Banishment From The Kingdom Of Lake (County), Nelson G. Karl
Cleveland State Law Review
On the 19th day of May, 1971, the Supreme Court of Ohio denied habeas corpus relief to Michael Edsall, a fourteen year old boy who had been banished from Lake County, Ohio. In denying habeas corpus relief to Mike Edsall, the Ohio Supreme Court concluded that the Juvenile Court had jurisdiction over both the person of Mike Edsall and the subject matter, and that an appeal from the decision would have been the appropriate means by which the order of the Juvenile Court could be reviewed. But in so doing, the Supreme Court avoided dealing with the substantive issue of …
Character Evidence And The Juvenile Record, Terrence N. O'Donnell
Character Evidence And The Juvenile Record, Terrence N. O'Donnell
Cleveland State Law Review
When a youngster makes a mistake and is arrested for committing a crime, should that act, committed while he is still a juvenile, appear and reappear, to haunt the offender for the rest of his life? There are some people in this country who say that we are not tough enough with our young people. But even they would not want the life of a young person marred forever by a mistake which he made as a juvenile.
Contributory Negligence Of Very Young Children, James B. Wilkens
Contributory Negligence Of Very Young Children, James B. Wilkens
Cleveland State Law Review
If in backing your car out of a driveway you look to only one side as you approach the sidewalk, and strike and injure a pedestrian approaching from the other side, who had been so engrossed in conversation with a companion as not to have cast even a glance up the driveway, your liability for his injuries might well depend upon his age. The standard of care required (in most circumstances) of normal adults (and corporations) for the protection of themselves and of others is that they take such care as ordinary prudent persons would take in the circumstances. Little, …
Role Of The Attorney In Juvenile Court, Julian Greenspun
Role Of The Attorney In Juvenile Court, Julian Greenspun
Cleveland State Law Review
An attorney once commented that the effect of Gault was to place him in his proper role, that of an advocate whose sole purpose was to defend constitutional rights, and that he did not have to be a social worker or psychologist. But the effect of Gault is to bring counsel into the Juvenile Court, which is a court with compassion. Thus, being a special court, it requires special skills, so that the client may not only receive due process, but if needed, will receive proper care.
Book Review, David B. Mcclure
Book Review, David B. Mcclure
Cleveland State Law Review
Reviewing George C. Newman, ed., Children in the Courts - The Question of Representation, Institute of Continuing Legal Education, 1967
Constitutional Rights In Juvenile Court, Joseph L. Rubin
Constitutional Rights In Juvenile Court, Joseph L. Rubin
Cleveland State Law Review
On June 20, 1966, the United States Supreme Court noted that it had probable jurisdiction in the case of In Re Gault. Ten months and three weeks later, the Supreme Court reached a landmark decision on judicial handling of juvenile delinquency matters. On May 15, 1967, the court handed down a ruling that many of the constitutional procedural protections previously observed only in adult trials are also applicable to children in juvenile court proceedings. This decision portends a major change in the manner in which most of the nation's three thousand juvenile courts have been functioning. The significance of this …
Fireworks, Explosives, Guns, And Minors, George Braun
Fireworks, Explosives, Guns, And Minors, George Braun
Cleveland State Law Review
In most of the United States the laws governing the sale and use of fireworks, explosives and flammable decorations follow the form of control regulations recommended by the National Fire Prevention Association. These severely restrict the use of explosives and fireworks (with the exception of paper caps for toy guns) to adults. Ohio has led the trend by imposing safeguards more restrictive than most states and, by recent statutes together with decisions, imposing strict standards against manufacturers, sellers, keepers, users or other handlers of explosives and fireworks in attempts to effectively control the hazards presented by these products.
Contributory Negligence Of Children, James H. Keet Jr.
Contributory Negligence Of Children, James H. Keet Jr.
Cleveland State Law Review
We will deal primarily with the child of tender years and will touch only briefly on the teen-ager in the field of contributory negligence. We will first examine the characteristics of younger children which the courts have emphasized in applying the doctrine of contributory negligence and then review the rationale underlying the way in which the courts have applied the doctrine to the child. We will find that the "capacity" of a child to be contributorily negligent has presented problems which are related to the standard of care which the child, if capable of contributory negligence, must observe in order …
Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel
Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel
Cleveland State Law Review
The common law view of contributory negligence theoretically still obtains in most jurisdictions. Thus, if the plaintiff's negligence proximately contributes to his resulting injury or damage, he is barred entirely from recovery. But this rule is "honored in the breach" in a growing number of jurisdictions that theoretically do not accept the doctrine of comparative negligence.
Parent-Child Tort Actions, Richard W. Dunn
Parent-Child Tort Actions, Richard W. Dunn
Cleveland State Law Review
The rule in all states that have heard such actions is that an unemancipated child cannot sue his parent for a negligent tort in their ordinary family relationships. There does not appear to be any exception to that rule, unless the "business injury" rule (discussed below) is an exception. It is the opinion of this writer that this iron rule is archaic and should be changed. A total stranger may recover damages for the negligent act of a person who may be a parent, yet that same parent's own child may not recover.
Book Review, Walter G. Whitlatch
Book Review, Walter G. Whitlatch
Cleveland State Law Review
Reviewing Sol Rubin, Crime and Juvenile Delinquency, Oceana Inc., 1961, 2d ed.
Evidence Problems In Juvenile Delinquency Proceedings, Ronald J. Harpst
Evidence Problems In Juvenile Delinquency Proceedings, Ronald J. Harpst
Cleveland State Law Review
Some of the most perplexing problems facing the attorney defending a child charged with a delinquency have their inception in misunderstandings, lack of uniformity and loose application of evidential rules. In order to serve the best interests of the children who are before it, and to obtain necessary facts with which to formulate a rehabilitation plan, the courts have a tendency to waive strict adherence to evidence rules. The methodical attorney wonders how the court can serve the best interests of the child and yet seemingly not afford to the child the equal protection of its laws of evidence.
Evidence In Cuyahoga County Juvenile Court, Elaine J. Columbro
Evidence In Cuyahoga County Juvenile Court, Elaine J. Columbro
Cleveland State Law Review
Most persons are aware that Juvenile Court proceedings are informal in character. The accused often appears without counsel, and often admits to participation in the violation. In spite of this, however, the Court must still operate on well laid principles of law. The Court must adhere to rules of evidence applicable to the type of case being heard, and the allegations must be proved. The Court handles various types of cases and therefore much confusion arises over what rules of evidence are applicable in each instance.