Juvenile Law Commons^™

Innocent Until Proven Arrested: How Pretrial Juvenile Detention For Nonviolent Offenders In Ohio Inflicts Constitutional Violations, Taryn Schoenfeld

Et Cetera

When a juvenile is accused of committing a crime in Ohio, juvenile court judges must determine whether to detain the child pretrial in a juvenile jail or permit the child to go home to await trial. Whereas alleged adult offenders have the right to pay a monetary bond to be released from jail pretrial, juveniles have no such right. Thus, once a judge makes the decision to detain a juvenile pretrial—prior to being adjudicated delinquent of any crime—it is difficult for that decision to be undone. While incarcerated, juveniles suffer irreversible psychological, emotional, mental, and social harms, despite juvenile courts …

Csec Treatment Courts: An Opportunity For Positive, Trauma-Informed, And Therapeutic Systems Responses In Family And Juvenile Courts, Emma Hetherington, Allison Dunnigan, Hannah Elias Sbaity

Scholarly Works

In an effort to improve outcomes for CSEC (commercial and sexual exploitation of children) youth and to facilitate accurate identification of survivors through the implementation of multidisciplinary, survivor-focused responses, jurisdictions have increasingly looked towards treatment courts to serve as a model for prevention, intervention, diversion, and treatment. Juvenile and family courts are uniquely positioned to intervene in cases involving CSEC. Several jurisdictions have already created treatment courts to specifically address the needs of survivors and those at risk of CSEC, particularly those who are involved in the child welfare or juvenile justice systems. The goal of treatment courts for survivors …

Beyond "Children Are Different": The Revolution In Juvenile Intake And Sentencing, Joshua Gupta-Kagan

Faculty Scholarship

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 …

The Impact Of The Uniform Child Custody Jurisdiction Act On Juvenile Court Jurisdiction, Hon. Viola J. Taliaferro

Akron Law Review

No abstract provided.

A Dilemma For The Juvenile Justice System, Judith L. Hunter

Akron Law Review

No abstract provided.

On The Ends And Means Of Protecting Youth In Juvenile Courts, Franklin E. Zimring

Franklin E. Zimring

No abstract provided.

Championing Children's Rights In Nevada, 2000-2015: The Thomas & Mack Juvenile Justice Clinic As Change Agent, Mary C. Berkheiser

Nevada Law Journal

No abstract provided.

On The Ends And Means Of Protecting Youth In Juvenile Courts, Franklin E. Zimring

Nevada Law Journal

No abstract provided.

My Life In Crime: An Intellectual History Of The Juvenile Court, Barry C. Feld

Nevada Law Journal

No abstract provided.

Barry Feld: An Intellectual History Of A Juvenile Court Reformer, Martin Guggenheim

Nevada Law Journal

No abstract provided.

Juvenile Competency And Pretrial Due Process: A Call For Greater Protections In Massachusetts For Juveniles Residing In Procedural Purgatory, Wendy J. Kaplan, Mark Rapisarda

Faculty Scholarship

While juvenile courts continue to balance and reevaluate the dual goals of community safety and rehabilitation of youth, juveniles who are not competent to stand trial have been left without sufficient procedural protections. This paper examines Massachusetts’ approach to juvenile competency, due process, and pretrial procedure, within a national context. The inadequacies of the Massachusetts juvenile competency laws are not unique. Currently there are nineteen states that either entirely lack juvenile-specific competency legislation or merely incorporate inapposite adult criminal statutes and standards into the juvenile context—making it difficult or impossible for those juvenile courts to dismiss or divert a delinquency …

Parens Patriae: From Chancery To The Juvenile Court, Doug Rendleman

Doug Rendleman

Not available.

Ohio's Post-Gault Juvenile Court Law, Robert J. Willey

Akron Law Review

It is the writer's intention to compare Ohio's new juvenile code with that offered by the Crime Commission, with the Standards for Juvenile and Family Courts, and with the Uniform Juvenile Court Act, which was drafted to meet the constitutional requirements of Kent and Gault. These two cases now force one to reconsider in the juvenile court context the applicability of more formal procedural rules, as well as the applicability of all the Constitutional Rights contained in the Bill of Rights which have been incorporated (as far as criminal proceedings are concerned) into the Due Process clause of the Fourteenth …

Juvenile Court And Direct Appeal From Waiver Of Jurisdiction In Ohio, Thomas F. Haskins Jr.

Akron Law Review

ANY DISCUSSION OF SPECIFIC ASPECTS of juvenile law necessarily requires that at least a brief inquiry be made into the history of its development. This becomes apparent when it is realized that juvenile law is not the product of a neat and orderly background, but rather the result of numerous sociological and economic conditions surrounding not only individual communities but the whole society. It is with this motivation that the statutory creation of juvenile law builds and continues to thrive. And, it is for this reason that this comment concerning the loss of the benefits of the juvenile laws through …

The Waiver Of Juvenile Court Jurisdiction; State V. Adams, Antonia Johnson

Akron Law Review

Since Illinois created the first juvenile court system by statute in 1899, every state has enacted a juvenile justice system philosophically designed to help rather than to punish children who violate the law. The juvenile court from its inception has advocated the protection of misbehaving children from the harsh retributive philosophy of the adult criminal law. Instead of punishment it has attempted to provide methods by which to assist them to develop into mature, responsible adults.

Yet, from its inception, the proponents of the separate, specialized juvenile justice system have presumed that some children would not respond positively to its …

Sex Slavery In The Lone Star State: Does The Texas Human Trafficking Legislation Of 2011 Protect Minors?, Cheryl Nelson Butler

Akron Law Review

This Article argues that, while Texas has made great strides in its movement to combat child trafficking, there are three major areas in which further reform is needed. First, Texas should provide stronger protections for not only minors trafficked for sex, but also those trafficked for labor. Second, Texas law must shift its emphasis from prosecution of traffickers to a more balanced approach that also prioritizes the protection of minors and the prevention of future trafficking crimes against them. Third, Texas should adopt safe harbor provisions that reflect a child welfare response toward prostituted minors

Recent Development: In Re Tyrell A.: Trial Courts Generally May Not Order Restitution To An Individual Whose Voluntary Participation In A Crime Or Delinquent Act Results In Injury, Andrew Middleman

University of Baltimore Law Forum

The Court of Appeals of Maryland held that Sections 11-601(j) and 11- 603(a) of the Maryland Code, Criminal Procedure Article, do not authorize trial courts to order restitution to an individual who suffers an injury while voluntarily participating in a crime or delinquent act, “absent exceptional circumstances.” In re Tyrell A., 442 Md. 354, 383, 112 A.3d 468, 485 (2015). Accordingly, the court of appeals vacated a juvenile court’s restitution order to an individual who suffered nasal injuries while participating in the common law offense of affray.

An Eighth Amendment Analysis Of Statutes Allowing Or Mandating Transfer Of Juvenile Offenders To Adult Criminal Court In Light Of The Supreme Court's Recent Jurisprudence Recognizing Developmental Neuroscience, Katherine I. Puzone

Faculty Scholarship

No abstract provided.

Alone And Unrepresented: A Call To Congress To Provide Counsel For Unaccompanied Minors, Shani M. King

Shani M. King

The legal rights of children who enter a country without their parents or other guardians, including the right to legal representation in immigration proceedings, differ vastly across the globe. This Article is the first to show that unaccompanied minors lie at the nexus of international and regional human rights standards governing the treatment of immigrants, children, and civil counsel and to show how the development of human rights standards in these three areas underscores the importance of and the need for counsel for unaccompanied minors. Part I illustrates why unaccompanied minors in the United States need legal representation by focusing …

Judicial Leadership In Family Court: A Cautionary Tale, Jane M. Spinak

Faculty Scholarship

For the past 35 years I have been practicing in, teaching, and writing about the Family Court. The problem-solving court movement in the last two decades – with its proliferation of drug courts, mental health courts, and veterans courts, to name a few – renewed my interest in the historical roots of the family court because of the parallels between the original juvenile court and the recent problem solving court movement. One of the key elements – perhaps the defining element – in both is the role of the judge as the leader of the court. That is what I …

The “True” Juvenile Offender: Age Effects And Juvenile Court Sanctioning, Daniel P. Mears, Joshua C. Cochran, Brian J. Stults, Sarah J. Greenman, Avinash S. Bhati, Mark A. Greenwald

Sarah Greenman

In Re N, Juvenile Court Must Inform Minor Of His Right To Appeal , John H. Paulsen

Pepperdine Law Review

No abstract provided.

A Study Of Juvenile Record Sealing Practices In California , Leonard Edwards, Inger J. Sagatun

Pepperdine Law Review

No abstract provided.

Expanding The Neglected Role Of The Parent In The Juvenile Court , Raymond F. Vincent

Pepperdine Law Review

No abstract provided.

Certification Of Juveniles To Adult Court , Joseph N. Sorrentino, Gary K. Olsen

Pepperdine Law Review

No abstract provided.

Guidelines For Statutes For Transfer Of Juveniles To Criminal Court , Elizabeth W. Browne

Pepperdine Law Review

No abstract provided.

Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder

Pepperdine Law Review

No abstract provided.

The Differential Detention/Jailing Of Juveniles: A Comparison Of Detention And Non-Detention Courts, John H. Kramer, Darrell J. Steffensmeier

Pepperdine Law Review

No abstract provided.

Here's Looking At You, Kid: Prosecutors In The Juvenile Court Process, David Keith Hicks

Pepperdine Law Review

No abstract provided.

Beyond Paternalism: The Role Of Counsel For Children In Abuse And Neglect Proceedings, Suparna Malempati

The University of New Hampshire Law Review

[Excerpt] “Across the nation, lawyers routinely represent children who enter the juvenile court system. Juvenile court systems typically handle two types of cases: delinquency and dependency. Delinquency refers to those cases where children are accused of wrongdoing, which generally means a criminal offense. Dependency cases involve situations where the child is alleged to be mistreated, i.e. abused or neglected, by parents or guardians.

Lawyers are involved in both types of proceedings most traditionally as representatives of the state. Lawyers represent the state and bring forth charges of criminal conduct against the child in delinquency proceedings. Lawyers represent the state and …