Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (25)
- Family Law (12)
- Criminal Law (10)
- Legislation (5)
- State and Local Government Law (5)
-
- Constitutional Law (4)
- Judges (4)
- Criminal Procedure (3)
- Law and Race (2)
- Law and Society (2)
- Litigation (2)
- Civil Procedure (1)
- Human Rights Law (1)
- Immigration Law (1)
- International Law (1)
- Law Enforcement and Corrections (1)
- Legal Education (1)
- Military, War, and Peace (1)
- Privacy Law (1)
- Rule of Law (1)
- Institution
-
- University of Michigan Law School (19)
- Maurer School of Law: Indiana University (6)
- Pepperdine University (5)
- West Virginia University (5)
- University of Missouri School of Law (2)
-
- University of Richmond (2)
- University of the District of Columbia School of Law (2)
- Washington and Lee University School of Law (2)
- American University Washington College of Law (1)
- BLR (1)
- Boston University School of Law (1)
- Cleveland State University (1)
- Georgetown University Law Center (1)
- Maurice A. Deane School of Law at Hofstra University (1)
- Northwestern Pritzker School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- Publication Year
- Publication
-
- Articles (6)
- Indiana Law Journal (6)
- University of Michigan Journal of Law Reform (6)
- Michigan Law Review (5)
- Pepperdine Law Review (5)
-
- West Virginia Law Review (5)
- Faculty Publications (2)
- Faculty Scholarship (2)
- Journal Articles (2)
- Law Faculty Publications (2)
- Washington and Lee Law Review (2)
- Et Cetera (1)
- ExpressO (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Hofstra Law Faculty Scholarship (1)
- Journal of Criminal Law and Criminology (1)
- Michigan Journal of Race and Law (1)
- Michigan Law Review First Impressions (1)
- The Modern American (1)
- Publication Type
Articles 1 - 30 of 51
Full-Text Articles in Juvenile Law
Unstable Homes Exacerbated By Unstable Courts: How Ohio's Split-Child-Custody Jurisdiction Harms Ohio's Children And Families, Philip Shipman
Unstable Homes Exacerbated By Unstable Courts: How Ohio's Split-Child-Custody Jurisdiction Harms Ohio's Children And Families, Philip Shipman
Et Cetera
Raising a child is very difficult. Add to the difficulty in raising a child the specter of a child custody suit, and you have a recipe that can end in disaster.
In Ohio, child custody is not fair. It is not just. It is determined by judges, whose jurisdiction is determined by whether the child’s parents were married to each other. Under this jurisdictional scheme, Ohio’s children are failed. This failure stems from Ohio courts making their own rules without care to fairness and equality. Within most of Ohio’s eighty-eight counties, juvenile and domestic relations courts can, and do, set …
A Quiet Revolution: How Judicial Discipline Essentially Eliminated Foster Care And Nearly Went Unnoticed., Melissa Carter, Christopher Church, Vivek Sankaran
A Quiet Revolution: How Judicial Discipline Essentially Eliminated Foster Care And Nearly Went Unnoticed., Melissa Carter, Christopher Church, Vivek Sankaran
Articles
This Article argues that juvenile court judges can safely reduce the number of children entering foster care by faithfully and rigorously applying the law. Judges often fail to perform this core functon when a state child welfare agency separates a child from their family. Judges must perform their role as impartial gatekeeper despite the temptation to be "omnipotent moral busybodies".
Virtual Shackles: Electronic Surveillance And The Adultification Of Juvenile Courts, Chaz Arnett
Virtual Shackles: Electronic Surveillance And The Adultification Of Juvenile Courts, Chaz Arnett
Journal of Criminal Law and Criminology
In recent years, there has been a groundswell of attention directed at problems within the American criminal justice system, led in part by Michelle Alexander’s groundbreaking book, The New Jim Crow, and most recently through the efforts of the Black Lives Matter movement. This increased focus on the harms of over-incarceration and net-widening, has had the benefit of introducing to the public other practices utilized in the criminal justice system, such as the widespread use of ankle monitors to track the location of defendants and released offenders. Yet, despite this greater attention, legal scholarship has only recently begun to grapple …
Timely Permanency Or Unnecessary Removal?: Tips For Advocates For Children Who Spend Less Than 30 Days In Foster Care, Christopher Church, Monique Mitchell, Vivek Sankaran
Timely Permanency Or Unnecessary Removal?: Tips For Advocates For Children Who Spend Less Than 30 Days In Foster Care, Christopher Church, Monique Mitchell, Vivek Sankaran
Articles
Removal and placement in foster care is child welfare’s most severe intervention, contemplated as “a last resort rather than the first.” Federal law, with an overarching goal of preventing unnecessary removals, bolsters this principle by requiring juvenile and family courts to carefully oversee the removal of children to foster care. Expansive research reminds the field that removal, while often necessary, is not a benign intervention. Physically, legally, and emotionally separating children from their parent(s) can traumatize children in lasting ways. Yet review of federal data concerning children in foster care reveal a troubling narrative: each year, tens of thousands of …
In Loco Juvenile Justice: Minors In Munis, Cash From Kids, And Adolescent Pro Se Advocacy - Ferguson And Beyond, Mae Quinn
Journal Articles
No abstract provided.
Chaining Kids To The Ever Turning Wheel: Other Contemporary Costs Of Juvenile Court Involvement, Candace Johnson, Mae Quinn
Chaining Kids To The Ever Turning Wheel: Other Contemporary Costs Of Juvenile Court Involvement, Candace Johnson, Mae Quinn
Journal Articles
In this essay, Candace Johnson and Mae Quinn respond to Tamar Birckhead’s important article The New Peonage, based, in part, on their work and experience representing youth in St. Louis, Missouri. They concur with Professor Birckhead’s conclusions about the unfortunate state of affairs in 21st century America— that we use fines, fees, and other prosecution practices to continue to unjustly punish poverty and oppressively regulate racial minorities. Such contemporary processes are far too reminiscent of historic convict leasing and Jim Crow era efforts intended to perpetuate second-class citizenship for persons of color. Johnson and Quinn add to Professor Birckhead’s critique …
A Solution To Michigan's Child Shackling Problem, Gabe Newland
A Solution To Michigan's Child Shackling Problem, Gabe Newland
Michigan Law Review First Impressions
Detained children routinely appear before Michigan's juvenile courts shackled with handcuffs, leg irons, and belly chains. Once security officers bring a child to court in these shackles, the child usually remains in them for her hearing or trial. In Michigan, as in many other states, no statute or court rule requires the judge to decide whether shackles are necessary. This Essay argues that Michigan should pass legislation or amend state court rules to create a presumption against shackling children. Unless a child poses a substantial risk of flight or physical danger and less restrictive alternatives to shackling will not adequately …
Breed V. Jones: Double Jeopardy And The Juvenile , Jere Lamont Fox
Breed V. Jones: Double Jeopardy And The Juvenile , Jere Lamont Fox
Pepperdine Law Review
No abstract provided.
Introduction: The Role Of The Juvenile Court - Social Or Legal Institution?, Enrique H. Pena
Introduction: The Role Of The Juvenile Court - Social Or Legal Institution?, Enrique H. Pena
Pepperdine Law Review
No abstract provided.
Dealing With The Problem: Discretion Within The Court System, David Disco, Lisa Greer, Socrates Manoukian
Dealing With The Problem: Discretion Within The Court System, David Disco, Lisa Greer, Socrates Manoukian
Pepperdine Law Review
No abstract provided.
Distinguishing Starfish From Cobras: The Importance Of Discretion For The Juvenile Judge In Fitness Hearings, Socrates Peter Manoukian
Distinguishing Starfish From Cobras: The Importance Of Discretion For The Juvenile Judge In Fitness Hearings, Socrates Peter Manoukian
Pepperdine Law Review
No abstract provided.
Calling Children To Account: The Proposal For A Juvenile Chamber In The Special Court For Sierra Leone, Diane Marie Amann
Calling Children To Account: The Proposal For A Juvenile Chamber In The Special Court For Sierra Leone, Diane Marie Amann
Pepperdine Law Review
No abstract provided.
When Federal And State Systems Converge: Foreign National Human Trafficking Victims Within Juvenile And Family Courts, Bridgette A. Carr
When Federal And State Systems Converge: Foreign National Human Trafficking Victims Within Juvenile And Family Courts, Bridgette A. Carr
Articles
This article highlights the concerns facing foreign national children who are both victims of human trafficking and under the jurisdiction of juvenile and family courts. Human trafficking is modern day slavery in which individuals, including children, are compelled into service and exploited. Foreign national human trafficking victims in juvenile and family court systems must navigate both the state system and a complex federal immigration system. This article explains the federal benefits available to these children and identifies the best practice approaches for juvenile and family court systems to increase identification of and support for foreign national child trafficking victims.jfcj_1073
Urgent Reform 'In The Name Of Our Children': Revamping The Role Of Disproportionate Minority Contact In Federal Juvenile Justice Legislation, Atasi Satpathy
Urgent Reform 'In The Name Of Our Children': Revamping The Role Of Disproportionate Minority Contact In Federal Juvenile Justice Legislation, Atasi Satpathy
Michigan Journal of Race and Law
Disproportionate minority contact ("DMC") has plagued the United States juvenile justice system for decades, but federal legislation has lacked the clarity and guidance to battle this affliction. A strong partnership must exist between state and federal entities in order to directly target DMC and thereby decrease the appallingly disproportionate number of minority children who come into contact with the juvenile justice system. This Note discusses the problem of DMC, identifies state and private efforts to combat the crisis, and indicates deficiencies in the Juvenile Justice and Delinquency Prevention Act as well as its reauthorization bill, S. 678. The Note urges …
No Harm, No Foul? Why Harmless Error Analysis Should Not Be Used To Review Wrongful Denials Of Counsel To Parents In Child Welfare Cases, Vivek Sankaran
No Harm, No Foul? Why Harmless Error Analysis Should Not Be Used To Review Wrongful Denials Of Counsel To Parents In Child Welfare Cases, Vivek Sankaran
Articles
The application of a harmless error standard by appellate courts reviewing erroneous denials of counsel in child protective cases undermines a critical procedural right that safeguards the interests of parents and children. Case law reveals that trial courts, on numerous occasions, improperly reject valid requests for counsel, forcing parents to navigate the child welfare system without an advocate. Appellate courts excuse these violations by speculating that the denials caused no significant harm to the parents, which is a conclusion that a court can never reach with any certainty. The only appropriate remedy for this significant problem is a bright-line rule …
Specialization Has The Potential To Lead To Uneven Justice: Domestic Violence Cases In The Juvenile And Domestic Violence Courts, Allison Cleveland
Specialization Has The Potential To Lead To Uneven Justice: Domestic Violence Cases In The Juvenile And Domestic Violence Courts, Allison Cleveland
The Modern American
No abstract provided.
Judicial Oversight Over The Interstate Placement Of Foster Children: The Missing Element In Current Efforts To Reform The Interstate Compact On The Placement Of Children, Vivek Sankaran
Articles
This article argues that current efforts to reform the Compact are flawed because they lack an essential element: judicial oversight of agency decision-making. The first section explores the important role that juvenile court judges play in making placement decisions for foster children. Next, an examination of the current problems in the interstate placement process demonstrates the vital need for judicial oversight of the system. Finally, a specific proposal is put forth on how best to incorporate judicial oversight without interfering with the sovereignty of states.
Juvenile Justice: The Nathaniel Abraham Murder Case, Eugene Arthur Moore
Juvenile Justice: The Nathaniel Abraham Murder Case, Eugene Arthur Moore
University of Michigan Journal of Law Reform
Once in a while, a case will come along that has such an enormous impact on the law that it is certain to draw attention. One such case was the Nathaniel Abraham murder case----a case involving the sentencing of a young eleven-year-old child in a system designed for older juvenile offenders, which demonstrated some of the novel and important issues facing the juvenile courts today. With the onset of such issues, the Juvenile Justice System has developed into a complex field of vital importance. Investing in the Juvenile Justice System allows us to invest in our future. Although frequently viewed …
Troubled Children And Children In Trouble: Redefining The Role Of The Juvenile Court In The Lives Of Children, Ann Reyes Robbins
Troubled Children And Children In Trouble: Redefining The Role Of The Juvenile Court In The Lives Of Children, Ann Reyes Robbins
University of Michigan Journal of Law Reform
This Essay considers the emerging research in the area of dual-jurisdiction children, often referred to as "crossover kids "-those currently or previously involved in maltreatment proceedings who have also committed delinquent acts. Part I describes the development of the juvenile courts in the early twentieth century. Part II of this Essay questions the need to "track" children along one legal path or another and points to the pitfalls of providing services to some children through a criminal justice paradigm instead of treating all children through a social work paradigm. Finally, Part III advocates a redesign of the juvenile court- a …
Looking Ahead: A Personal Vision Of The Future Of Child Welfare Law, Donald N. Duquette
Looking Ahead: A Personal Vision Of The Future Of Child Welfare Law, Donald N. Duquette
University of Michigan Journal of Law Reform
The participants in the Thirtieth Anniversary Celebration of the Child Advocacy Law Clinic were all challenged to envision the future of child welfare and to address these questions: What should the law and legal institutions governing children's rights and child and family welfare look like in thirty more years? What steps are necessary to achieve those goals? After setting out the historical and optimistic circumstance in which the Child Advocacy Law Clinic was founded, this Article responds to the organizing questions by presenting the author's vision of the future of child welfare law and practice. When families fail children, what …
Out Of State And Out Of Luck: The Treatment Of Non-Custodial Parents Under The Interstate Compact On The Placement Of Children, Vivek Sankaran
Out Of State And Out Of Luck: The Treatment Of Non-Custodial Parents Under The Interstate Compact On The Placement Of Children, Vivek Sankaran
Articles
Courts handling child abuse and neglect cases face a daunting task. Within one to three days after a child is removed from his home, a court hearing must be held to determine whether court intervention and continued removal of the child is necessary. At this hearing, the court must sort through and evaluate the state's allegations and assess the various risks posed by placing the child in foster care or returning the child to one or both of his parents. Courts must weigh the heavy emphasis the law places on preserving the family unit against the equally paramount mandate to …
Defending And Despairing: The Agony Of Juvenile Defense, Abbe Smith
Defending And Despairing: The Agony Of Juvenile Defense, Abbe Smith
Georgetown Law Faculty Publications and Other Works
I believe there is no more important work than defending kids, especially those accused of serious crimes. The consequences of juvenile crime are increasingly severe, whether kids remain in the juvenile system or are prosecuted as adults. We lock up too many people in this country, many of whom are children. Surely, at the start of the twenty-first century - given our knowledge about the causes of juvenile delinquency and crime - we can do more than put troubled kids in cages. So, why not work with young offenders who are on their way to becoming adult clients, to try …
Reconceptualizing Due Process In Criminal Justice: Contributions From Law And Social Science, Christopher Slobogin
Reconceptualizing Due Process In Criminal Justice: Contributions From Law And Social Science, Christopher Slobogin
ExpressO
This article challenges the accepted wisdom, at least since the Supreme Court’s decision in Gault, that procedures in juvenile delinquency court should mimic the adult criminal process. The legal basis for this challenge is Gault itself, as well as the other Supreme Court cases that triggered the juvenile justice revolution of the past decades, for all of these cases relied on the due process clause, not the provisions of the Constitution that form the foundation for adult criminal procedure. That means that the central goal in juvenile justice is fundamental fairness, which does not have to be congruent with the …
Reforming Juvenile Delinquency Treatment To Enhance Rehabilitation, Personal Accountability And Public Safety, Douglas E. Abrams
Reforming Juvenile Delinquency Treatment To Enhance Rehabilitation, Personal Accountability And Public Safety, Douglas E. Abrams
Faculty Publications
This article describes the widespread violence, beatings and other abuse the U.S. Justice Department has found in its inspections of several state juvenile detention facilities. The article then discusses Missouri's Division of Youth Services (DYS), which is widely considered the national model of sound practices. The article concludes with recommendations for national reform.
Lessons From Juvenile Justice History In The United States, Douglas E. Abrams
Lessons From Juvenile Justice History In The United States, Douglas E. Abrams
Faculty Publications
Properly understood, “juvenile justice” encompasses all four primary categories of juvenile court jurisdiction - - abuse and neglect, adoption, status offenses and delinquency. I will concentrate today on delinquency - - what states have done with * children found to have committed acts that would be crimes if committed by adults.
Children: Wards Or Waifs Of The Court, Susan P. Leviton
Children: Wards Or Waifs Of The Court, Susan P. Leviton
Faculty Scholarship
No abstract provided.
Too Many Rights Or Not Enough--A Study Of The Juvenile Related Decisions Of The West Virginia Supreme Court Of Appeals, Paul Mones
West Virginia Law Review
No abstract provided.
The Public Right Of Access To Juvenile Delinquency Hearings, Michigan Law Review
The Public Right Of Access To Juvenile Delinquency Hearings, Michigan Law Review
Michigan Law Review
Despite the differences between the criminal and juvenile court systems, the Supreme Court has extended many criminal procedural safeguards to juvenile delinquency hearings. The Court does not, however, "automatically and preemptorily" apply every procedural safeguard to juvenile hearings; rather, it carefully examines the criminal trial standard in the context of delinquency hearings. Adopting a similar approach, this Note considers the implications of a constitutional right of access to juvenile delinquency hearings. Part I examines the right of access announced in Globe Newspaper and Richmond Newspapers v. Virginia. Part II looks at the juvenile justice system and argues that extension …
The Transfer Of Juveniles To Criminal Jurisdiction: State V. M. M., Linda Gay
The Transfer Of Juveniles To Criminal Jurisdiction: State V. M. M., Linda Gay
West Virginia Law Review
No abstract provided.
A Judicial Response To The New Juvenile Code, J. Brandon Griffis
A Judicial Response To The New Juvenile Code, J. Brandon Griffis
Indiana Law Journal
The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium