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- Juvenile sentencing (2)
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Articles 1 - 21 of 21
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 …
Providing A Meaningful Opportunity For Release: A Proposal For Improving Washington's Miller-Fix, Maya L. Ramakrishnan
Providing A Meaningful Opportunity For Release: A Proposal For Improving Washington's Miller-Fix, Maya L. Ramakrishnan
Washington Law Review
Miller v. Alabama1 set forth new constitutional requirements that necessitated changes in Washington State’s sentencing law for children. In response, the Washington legislature passed RCW 9.94A.730: a parole statute that presumptively releases children who committed crimes after they have served twenty years. Unless the parole board finds they are more likely than not to commit a future crime if released, the Miller-fix statute requires that eligible petitioners are released. The parole board has wide discretion in determining whether someone is more likely than not to commit a future crime because the statute provides no guidance about how to make this …
The Trauma Of Trump's Family Separation And Child Detention Actions: A Children's Rights Perspective, Jonathan Todres, Daniela Villamizar Fink
The Trauma Of Trump's Family Separation And Child Detention Actions: A Children's Rights Perspective, Jonathan Todres, Daniela Villamizar Fink
Washington Law Review
In April 2018, the Trump Administration publicly announced a new zero-tolerance policy for illegal entries at the U.S. border. This action kicked off a wave of family separations that made headlines and drew criticism from around the globe. Despite resounding condemnation of these actions, the Trump Administration defended its family separation policy as a “tough deterrent.” At least 2,600 families were torn apart in the ensuing months. And subsequent reports—from both the government and others—have detailed widespread abuses of and substandard conditions for children held in detention centers. The consequences of these separations and the maltreatment of children in detention …
Miller'S Promise: Re-Evaluating Extreme Criminal Sentences For Children, Nick Straley
Miller'S Promise: Re-Evaluating Extreme Criminal Sentences For Children, Nick Straley
Washington Law Review
Scientific, legal, and societal notions about youth have come together to reaffirm an age-old concept—children are different and they change as they grow older. In recent decisions, the United States Supreme Court has required courts and legislatures to take a new look at extreme criminal sentences imposed upon children. Life without parole sentences and decades-long, determinate sentences are constitutionally suspect when applied to children because they fail to adequately account for the dynamism of youth. Miller v. Alabama and Graham v. Florida announced two important principles: (1) that an extreme sentence can only be imposed upon a child following an …
Graham On The Ground, Cara H. Drinan
Graham On The Ground, Cara H. Drinan
Washington Law Review
In Graham v. Florida, the U.S. Supreme Court held that it is unconstitutional to sentence a non-homicide juvenile offender to life in prison without parole. While states need not guarantee release to these juvenile offenders, they cannot foreclose such an outcome at the sentencing phase. Scholars have identified several long-term ramifications of Graham, including its likely influence on juvenile sentencing practices and on retributive justice theory. As yet unexamined, though, are the important and thorny legal questions that Graham raises for state judges and lawmakers in the very short term. To whom does the Graham decision apply? What …
Sex And The Workplace: "Consenting" Adolescents And A Conflict Of Laws, Jennifer Ann Drobac
Sex And The Workplace: "Consenting" Adolescents And A Conflict Of Laws, Jennifer Ann Drobac
Washington Law Review
According to the Equal Employment Opportunity Commission, sexual harassment of adolescents at work may constitute a serious, but to date largely undocumented, problem. Courts respond inconsistently to adolescent "consent" in sexual harassment employment cases. This Article reviews state criminal statutory rape law, federal civil law, and tort law to reveal the conflicting legal treatment of adolescent capacity to consent to sex. It highlights conflicts not only between the criminal and civil systems, but also between sister states' laws and laws within states. For example, this Article finds that despite criminal sexual abuse laws, courts permitted employers to use adolescent "consent" …
A Proposal To Bring The Becca Bill's Runaway-Detention Provisions Into Compliance With Juveniles' Procedural Due Process Rights, Carrie A. Tracy
A Proposal To Bring The Becca Bill's Runaway-Detention Provisions Into Compliance With Juveniles' Procedural Due Process Rights, Carrie A. Tracy
Washington Law Review
The Becca Bill, enacted in Washington State in 1995, changed the way Washington treats runaway juveniles. The Bill creates a series of secure crisis residential centers and authorizes law enforcement officers to take juvenile runaways into custody and place them in these secure facilities. The facilities must keep the admitted juveniles for at least twenty-four hours but no more than five days. This Comment argues that the Becca Bill, which provides no judicial review of the commitment to detention, violates the procedural due process requirements of Washington and U.S. constitutions. While courts have extended procedural due process protection to juveniles' …
"Sexual Motivation" After State V. Halstien: Still Hazy For His Teenage Peers, Robert E. Lipscomb
"Sexual Motivation" After State V. Halstien: Still Hazy For His Teenage Peers, Robert E. Lipscomb
Washington Law Review
In State v. Halstien, the Washington Supreme Court upheld the constitutionality of a juvenile statute that provides for a charge of sexual motivation in offenses other than sex offenses. Such motivation, if proven, becomes an aggravating factor that a judge may consider (along with any mitigating factors) in sentencing. In rejecting the argument that the statute was void for vagueness, the court should have clarified the statute by requiring a finding that the defendant manifested a sexual disorder, as well as a finding that sexual motivation was a substantial factor in the offense.
A Juvenile's Right Against Compelled Self-Incrimination At Predisposition Proceedings, Renée M. Willette
A Juvenile's Right Against Compelled Self-Incrimination At Predisposition Proceedings, Renée M. Willette
Washington Law Review
State courts have struggled to balance the tensions between the juvenile justice system and a juvenile's constitutional rights at post-adjudicatory predisposition proceedings. Washington courts do not provide a clear standard for protecting a juvenile's rights at these proceedings. This Comment examines the punitive nature of Washington's juvenile justice system and argues that the right against self-incrimination should attach at juvenile predisposition proceedings. It also argues that a grant of use and derivative use immunity at such proceedings provides optimal protection for juvenile rights because it safeguards a juvenile's rights while fostering the treatment component of the Juvenile Justice Act.
Legal Barriers In Child Abuse Investigations: State Powers And Individual Rights, Mark Hardin
Legal Barriers In Child Abuse Investigations: State Powers And Individual Rights, Mark Hardin
Washington Law Review
This article addresses the legal dimensions of an important and difficult problem sometimes faced by social workers employed with child protection agencies: noncooperation with investigations. This problem can arise when the child's family denies access to the home or the child, or when others, such as schools and health providers, decline to cooperate with the investigation. This article identifies the constitutionally based procedural requirements that are applicable to child abuse investigations. It then proposes specific legislative reforms consistent with these constitutional requirements. The discussion of procedural requirements for child protection proceedings necessarily considers whether existing criminal and administrative procedures apply …
Legal Barriers In Child Abuse Investigations: State Powers And Individual Rights, Mark Hardin
Legal Barriers In Child Abuse Investigations: State Powers And Individual Rights, Mark Hardin
Washington Law Review
This article addresses the legal dimensions of an important and difficult problem sometimes faced by social workers employed with child protection agencies: noncooperation with investigations. This problem can arise when the child's family denies access to the home or the child, or when others, such as schools and health providers, decline to cooperate with the investigation. This article identifies the constitutionally based procedural requirements that are applicable to child abuse investigations. It then proposes specific legislative reforms consistent with these constitutional requirements. The discussion of procedural requirements for child protection proceedings necessarily considers whether existing criminal and administrative procedures apply …
Juvenile Court: The Legal Process As A Rehabilitative Tool, Bobbe Jean Ellis
Juvenile Court: The Legal Process As A Rehabilitative Tool, Bobbe Jean Ellis
Washington Law Review
The author's study, reported in this comment, had two objectives. First, it attempted to determine whether a juvenile's experience with the traditional sociological model or with the legal due process model is more likely to motivate him to feel positively toward the legal system. Second, this study attempted to measure the attitudes of the professionals in the juvenile system (judges, attorneys, and caseworkers) toward the two models. The results of the study, although not all were statistically significant, indicated that although the professionals favored the traditional sociological model, the use of the legal-due process model was more likely to result …
Citizenship For Eighteen Year Olds—Age Of Majority In Washington—Ch. 292, Washington Laws Of 1971, Anon
Citizenship For Eighteen Year Olds—Age Of Majority In Washington—Ch. 292, Washington Laws Of 1971, Anon
Washington Law Review
The 1971 Washington Legislature helped bridge the generation gap by lowering the age of majority to eighteen years for almost all purposes. The statute manifests a confidence in the maturity of persons between eighteeen and twenty-one years of age and recognizes their readiness to accept the responsibilities of citizenship. Although Congress brought this issue to the center of national awareness with the passage of the Voting Rights Act Amendments of 1970, the task of extending to eighteeen year olds the full measure of legal rights remains with the states. The purpose of this note is to summarize by topic the …
Criminal Procedure—Juveniles: Retroactive Application Of In Re Gault Denied In Washington—Brumley V. Charles Denny Juvenile Center, 77 Wn.2d 702, 466 P.2d 481 (1970), Anon
Washington Law Review
Genevieve Fay Brumley was adjudged a delinquent child by the juvenile court of Snohomish County on December 12, 1966 after she admitted telephoning bomb threats to local schools. Present at the adjudicatory hearing were court personnel, her parents, a welfare caseworker, a probation officer, and a policeman. She was not represented by counsel. During her subsequent incarceration, the United States Supreme Court extended the right to counsel to juvenile proceedings in In re Gault. In August of 1968, Miss Brumley petitioned the superior court for a writ of habeas corpus, contending that the Gault decision required a reversal of her …
The Juvenile At Waiver: Is Counsel Required?, Anon
The Juvenile At Waiver: Is Counsel Required?, Anon
Washington Law Review
The petitioner was before juvenile court on charges of committing a battery. Defendant and his mother were advised of their right to counsel, but not to appointed counsel at certification, a proceeding which determines whether the juvenile court should waive jurisdiction in favor of district court. Neither defendant nor his family was financially able to employ counsel. Counsel was appointed only after the defendant had been transferred to the district court for criminal prosecution. On motion to vacate judgment and sentence on the subsequent criminal conviction, Held: An indigent juvenile offender has no right to appointed counsel in a transfer …
The Juvenile At Waiver: Is Counsel Required?, Anon
The Juvenile At Waiver: Is Counsel Required?, Anon
Washington Law Review
The petitioner was before juvenile court on charges of committing a battery. Defendant and his mother were advised of their right to counsel, but not to appointed counsel at certification, a proceeding which determines whether the juvenile court should waive jurisdiction in favor of district court. Neither defendant nor his family was financially able to employ counsel. Counsel was appointed only after the defendant had been transferred to the district court for criminal prosecution. On motion to vacate judgment and sentence on the subsequent criminal conviction, Held: An indigent juvenile offender has no right to appointed counsel in a transfer …
The Juvenile Offender And Self-Incrimination, Rodger W. Pegues
The Juvenile Offender And Self-Incrimination, Rodger W. Pegues
Washington Law Review
A juvenile offender whose case has been transferred from juvenile court to criminal court may be confronted with incriminating statements which he made during the course of the juvenile proceedings. The admissibility in a criminal prosecution of confessions and admissions made by a juvenile to police, probation officers, juvenile court judges, or other juvenile authorities involves important issues of public policy and constitutional law. The problem typically arises when a youth of sixteen or seventeen commits an act which, were he an adult, would be characterized as a crime. The youth has a history of several juvenile offenses. He is …
The Juvenile Court Law Of Washington: Its History And Basic Considerations For Its Revision, Van R. Hinkle
The Juvenile Court Law Of Washington: Its History And Basic Considerations For Its Revision, Van R. Hinkle
Washington Law Review
Although the Juvenile Court is considered a 20th-century development, the middle of the 19th century saw the establishment in several eastern states of private hearings in cases involving children and the creation of special reform schools for juveniles. This action marked the first formalized recognition of the need for specialized procedures whereby the Anglo-Saxon judicial tradition of affording special protection to children might be continued.
Headaches Of A Judge—A Challenge To The Bar, William G. Long
Headaches Of A Judge—A Challenge To The Bar, William G. Long
Washington Law Review
In the hope that other judges may be spared some of the frustrations and disappointments that have come to me, I now challenge you lawyers to alert yourselves to matters related to Juvenile Court administration, rise to the heights of your potential leadership, and then dedicate yourselves to lifting the level of rehabilitative treatment of the unfortunate kids of Washington. There is plenty to be done!
The Problem Of Delinquent Juveniles, Joseph A. Barto
The Problem Of Delinquent Juveniles, Joseph A. Barto
Washington Law Review
No abstract provided.
Report Of The Chairman Of The House Judiciary Committee, Theodore Turner
Report Of The Chairman Of The House Judiciary Committee, Theodore Turner
Washington Law Review
Addressing legislative aspects of juvenile delinquency.