Juvenile Law Commons^™

1999 National Report Series. Minorities In The Juvenile Justice System, Us Department Of Justice

Juvenile Justice Bulletin

As the Nation moves into the 21st century, the reduction of juvenile crime, violence, and victimization constitutes one of the most crucial challenges of the new millennium. To meet that challenge, reliable information is essential. Juvenile Offenders and Victims: 1999 National Report offers a comprehensive overview of these pervasive problems and the response of the juvenile justice system. The National Report brings together statistics from a variety of sources on a wide array of topics, presenting the information in clear, nontechnical text enhanced by more than 350 easy-to-read tables, graphs, and maps. This Bulletin series is designed to give readers …

1999 National Report Series. Juvenile Justice: A Century Of Change, Us Department Of Justice

Juvenile Justice Bulletin

As the Nation moves into the 21st century, the reduction of juvenile crime, violence, and victimization constitutes one of the most crucial challenges of the new millennium. To meet that challenge, reliable information is essential. Juvenile Offenders and Victims: 1999 National Report offers a comprehensive overview of these pervasive problems and the response of the juvenile justice system. The National Report brings together statistics from a variety of sources on a wide array of topics, presenting the information in clear, nontechnical text enhanced by more than 350 easy-to-read tables, graphs, and maps. This Bulletin series is designed to give readers …

The Offense: Interpreting The Indictment Requirement In 21 U.S.C. § 851, Christopher Serkin

Michigan Law Review

Congress enacted the Comprehensive Drug Abuse Prevention and Control Act of 1970 ("the Act") to unify and rationalize its treatment of drug offenses. The Act was an enormous piece of legislation, requiring months of congressional hearings before it was passed. Today, the Act encompasses over 150 sections of title 21 of the U.S. Code and regulates behavior ranging from manufacturing and mislabeling to prescribing controlled substances. Like any piece of complex legislation, the Act has spawned its share of litigation. One controversy has defied satisfactory resolution: the meaning of the innocuous phrase, "the offense," in section 851(a)(2). The statute's structure …

Youth Gang Drug Trafficking, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Reporting Crimes Against Juveniles, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Families And Schools Together: Building Relationships, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Evaluation Of The Children At Risk Program: Results L Year After The End Of The Program, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Government As God: An Update On Federal Intervention In The Treatment Of Critically Ill Newborns, Dionne L. Koller

All Faculty Scholarship

Whether a severely impaired or critically ill infant should receive lifesaving, and sometimes extraordinary, medical treatment, or be allowed to die, is hotly debated. The issue initially garnered public attention in 1982, when an infant who was born with Down's Syndrome, “Baby Doe,” was allowed to die from a correctable birth defect. Following this, the federal government took a lead role in determining the fate of critically ill newborns. In the meantime, doctors, philosophers, and others have debated whether federal interference in this area is appropriate.

This essay will bring the reader up to date on the “Baby Doe” issue …

School And Community Interventions To Prevent Serious And Violent Offending, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Challenging The Parent-Child-State Triangle In Public Family Law: The Importance Of Private Providers In The Dependency System, Susan Vivian Mangold

Buffalo Law Review

No abstract provided.

The Education Of Religious Children: Families, Communities And Constitutions, Shauna Van Praagh

Buffalo Law Review

No abstract provided.

The Juvenile Rights Advocacy Project: Representing Girls In Context, Francine Sherman

Francine T. Sherman

No abstract provided.

Community Policing And Youth, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Offenders In Juvenile Court, 1996, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

The Enduring Difference Of Youth, David Yellen

Articles

No abstract provided.

Religion And The Public Defender, Sadiq Reza

Faculty Scholarship

This Essay will argue that the public defender, or any other attorney appointed by the court to defend adults or juveniles charged with criminal offenses, should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional imperatives, except in the rare case of imminent death or serious bodily harm to another. This argument rests on the following four premises: (1) the public defender occupies a unique position in our legal system, and options that may be available to lawyers who serve private …

Sentence Discounts And Sentencing Guidelines For Juveniles, David Yellen

Articles

No abstract provided.

Access Denied: Incarcerated Juveniles And Their Right Of Access To Courts, Amy E. Webbink

William & Mary Bill of Rights Journal

In the current flux of an increasingly punitive juvenile justice system, one of the system's great injustices receives little attention. Unconstitutional conditions of confinement for juveniles do not receive appropriate legal exposure. Challenges to these conditions are more difficult in light of the Supreme Court's recent restriction of a prisoner's right of access to the courts. This Note will analyze why a different standard of "meaningful access" is necessary to protect juveniles.

Domestic Violence And Children: Analysis And Recommendations, Lois A. Weithorn, Lucy S. Carter, Richard E. Behrman

Faculty Scholarship

No abstract provided.

Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy

All Faculty Scholarship

Part One of this Article explores the meaning of morality by briefly reviewing a variety of attempts to explore the meaning of moral conduct. This Section draws on a variety of contemporary moral philosophers who have built on the classical tradition to develop a broader definition of moral behavior. This discussion provides a context for the current debate about the meaning of morality in family law and moral discourse in the no-fault era. Part One also reviews the historical debate about how law should strike a balance between promoting communitarian values and respecting autonomy and individual rights. The Article argues …

Domestic Violence, Substance Abuse And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast

All Faculty Scholarship

This Article begins by exploring and documenting the connections between domestic violence, substance abuse, and child abuse. Part II of the Article examines the legal system's response to child protection cases in which maternal abuse and, in some cases, substance abuse are present. This section begins by describing the shifting theories underlying child welfare in this country. It then contrasts these theories with child welfare practice by reporting the results of a study of eighty-five Child in Need of Assistance (CINA) cases in four jurisdictions in Maryland. Although the study examines a limited sample, the cases examined confirm the strong …

Communities Take Control Of Crime: Incorporating The Conference Model Into The United States Juvenile Justice System, Amanda L. Paye

Washington International Law Journal

Juvenile crime is one of the preeminent concerns of many Western societies today, yet the current retributive styles of justice that purport to "get tough" on youth crime have not been effective. In defiance of the "get tough" rhetoric, and despite the lack of meaningful legislative recognition, communities are adjudicating juvenile cases through alternative programs based on the Restorative Justice theory. Because of the promising effects of Restorative Justice on youth crime, New Zealand and Australia have taken the bold step of restructuring their juvenile justice systems via landmark legislation that incorporates an innovative "conferencing" model. The model is a …

A Prevention Model Of Juvenile Justice: The Promise Of Kansas V. Hendricks For Children, Christopher Slobogin, Mark R. Fondacaro, Jennifer L. Woolard

Vanderbilt Law School Faculty Publications

The traditional juvenile court, focused on rehabilitation and "childsaving," was premised primarily on a parens patriae notion of State power. " Because of juveniles' immaturity and greater treatability, this theory posited, the State could forego the substantive and procedural requirements associated with the adult system of criminal punishment. As an historical and conceptual matter, however, the parens patriae power justifies intervention only for the good of the subject, not for society as a whole. " From the outset, then, the image of the juvenile delinquency system as a manifestation of the State acting as "parent" was an implausible one. This …

Treating Kids Right, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The concept of amenability to treatment is, in theory, at the core of juvenile delinquency jurisprudence. From its inception as an entity separate from the adult criminal court, the juvenile court was meant to focus on the rehabilitative potential of children. On this premise, the central inquiry in a juvenile delinquency proceeding should be whether the child found delinquent is amenable to treatment. Disposition should depend upon the rehabilitative potential and needs of the juvenile, and only if no treatment is available in the juvenile system should transfer to adult court be considered. In practice, amenability to treatment may never …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

The Virginia General Assembly once again acted in a very restrained fashion in addressing juvenile justice issues in the lengthening wake after the extensive statutory changes in 1994 and 1996. The newly enacted juvenile competency statute is an important innovation contained in the new article 18 oftitle 16.1 of the Virginia Code, and a study by the Virginia Bar Association on the applicability of the insanity defense in juvenile delinquency proceedings will further address the implications of mental health problems for children in trouble. One major issue in the delinquency area that arose during the past year involved the necessity …

Health Care Access For Children With Disabilities, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

In the last twenty-five years, we have seen a remarkable evolution in attitudes and practice toward the treatment of children with disabilities. Children born with severe physical and mental anomalies are no longer routinely allowed to die. Many such children, along with those who become disabled later in childhood through illness or injury, receive aggressive life-saving medical treatment as well as continuing medical and habilitative care. Some children, particularly those whose families are affluent, receive substantial therapeutic and other supportive services that permit them to overcome their disabilities and function effectively in school and, later, at work.

When Equal Opportunity Meets Freedom Of Expression: Student-On-Student Sexual Harassment And The First Amendment In School, Kay P. Kindred

Scholarly Works

Sexual harassment can take a variety of forms. It can be verbal, nonverbal or physical. Often it takes the form of hateful and harassing speech. In the AAUW Survey, 76% of the girls and 56 % of the boys surveyed had been the target of sexual comments, jokes, gestures or looks. Even when the harassment includes physical contact of some nature, it is typically accompanied or preceded by verbal harassment. While school officials and parents look for solutions to these problems, courts are struggling with the questions as well. In recent years, the problem of student-on-student sexual harassment has found …

Book Review, David S. Tanenhaus

Scholarly Works

In his engaging The Supreme Court and Juvenile Justice, political scientist Christopher P. Manfredi argues that Americans in the 1990s are still feeling the powerful and unintended consequences of a trilogy of Supreme Court decisions, Kent v. United States (1966), In re Gault (1967), and In re Winship (1970). In Gault, the most famous of these cases, Justice Abe Fortas announced that it was time for the “constitutional domestication” of the nation’s juvenile courts and began this process by extending limited due process protection to offenders during adjudicatory hearings. Fortas believed that these protections would shield juveniles from unlimited …

Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse

All Faculty Scholarship

No abstract provided.