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Full-Text Articles in Juvenile Law

The American Bar Association Joint Task Force On Reversing The School-To-Prison Pipeline Preliminary Report, Sarah E. Redfield, Jason P. Nance Apr 2016

The American Bar Association Joint Task Force On Reversing The School-To-Prison Pipeline Preliminary Report, Sarah E. Redfield, Jason P. Nance

Jason P. Nance

In 2014, the American Bar Association (ABA) Coalition on Racial and Ethnic Justice (COREJ) turned its attention to the continuing failures in the education system where certain groups of students — for example, students of color, with disabilities, or LGBTQ — are disproportionately over- or incorrectly categorized in special education, are disciplined more harshly, including referral to law enforcement for minimal misbehavior, achieve at lower levels, and eventually drop or are pushed out of school, often into juvenile justice facilities and prisons — a pattern now commonly referred to as the School-to-Prison Pipeline. While this problem certainly is not new, …


Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance Apr 2016

Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance

Jason P. Nance

Over the last three decades, our nation has witnessed a dramatic change regarding how schools discipline children. Empirical evidence during this time period demonstrates that schools increasingly have relied on extreme forms of punishment such as suspensions, expulsions, referrals to law enforcement, and school-based arrests to discipline students for violations of school rules, including for low-level offenses. Many have referred to this disturbing trend of schools directly referring students to law enforcement or creating conditions under which students are more likely to become involved in the justice system—such as suspending or expelling them—as the “school-to-prison pipeline.” Perhaps the most alarming …


High Pain, No Gain: How Juvenile Administrative Fees Harm Low-Income Families In Alameda County, California, Jeffrey Selbin Mar 2016

High Pain, No Gain: How Juvenile Administrative Fees Harm Low-Income Families In Alameda County, California, Jeffrey Selbin

Jeffrey Selbin

National attention is focused on racial and economic discrimination in the criminal justice system. Racially disproportionate interaction with the system leaves people of color with significantly more court-related debt. While criminal court debt has been described and condemned in the adult system, this issue has received virtually no attention in the juvenile system, where fees undermine rehabilitative goals.

This report presents research findings about the practice of assessing and collecting fees on families with youth in the juvenile system in Alameda County, California. The County charges these fees to thousands of families who are already struggling to maintain economic and …


Minors, Parents, And Minor Parents, Maya Manian Dec 2015

Minors, Parents, And Minor Parents, Maya Manian

Maya Manian

As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction.  States overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child, and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion.  This Article argues that this oft-noted contradiction in the law on teenage reproductive decision-making is in fact not as contradictory as it first appears.  A closer look at the law’s apparently conflicting approaches to teenage abortion and teenage childbirth exposes common ground that scholars …


In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Dec 2015

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner

Brendan M. Conner

The author provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on January 27, 2015 the House of Representatives passed legislation that would give preferential consideration for federal grants to states that have enacted a law that “discourages the charging or prosecution” of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally lauded, …