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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 …
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 …
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.
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 …
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.
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 …
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
From Rhetoric To Reality: The Juvenile Court And The Decline Of The Rehabilitative Ideal, Samuel M. Davis
From Rhetoric To Reality: The Juvenile Court And The Decline Of The Rehabilitative Ideal, Samuel M. Davis
Michigan Law Review
A Review of The Best-Laid Plans: America's Juvenile Court Experiment by Ellen Ryerson
Waiver In Indiana-A Conflict With The Goals Of The Juvenile Justice System, Jacqueline Simmons
Waiver In Indiana-A Conflict With The Goals Of The Juvenile Justice System, Jacqueline Simmons
Indiana Law Journal
No abstract provided.
Seen And Not Heard: Recent Legislation Affecting Child Welfare In West Virginia, Richard L. Withers
Seen And Not Heard: Recent Legislation Affecting Child Welfare In West Virginia, Richard L. Withers
West Virginia Law Review
No abstract provided.
Pins Jurisdiction, The Vagueness Doctrine, And The Rule Of Law, All Katz, Lee E. Teitelbaum
Pins Jurisdiction, The Vagueness Doctrine, And The Rule Of Law, All Katz, Lee E. Teitelbaum
Indiana Law Journal
No abstract provided.
The Role Of The Concept Of Responsibility In Juvenile Delinquency Proceedings, Francis Barry Mccarthy
The Role Of The Concept Of Responsibility In Juvenile Delinquency Proceedings, Francis Barry Mccarthy
University of Michigan Journal of Law Reform
The exclusive focus of this article is upon proceedings in which delinquency is· determined, even though the juvenile court generally possesses a broad jurisdiction which covers a variety of matters other than delinquency. There is, however, a fundamental difference between delinquency proceedings and those involving dependency, neglect, or some other domestic problems. These latter proceedings attempt to resolve matters usually concerned with the whole fabric of a family situation and the problems involved therein. A delinquency proceeding, by contrast, has as its primary jurisdictional base the actions of the child. It is quite possible that a child who is engaging …
Authorization Of A Petition Of Delinquency: The Juvenile's Right To A Preliminary Hearing And Standards Limiting Judicial Discretion, James Dickson
Authorization Of A Petition Of Delinquency: The Juvenile's Right To A Preliminary Hearing And Standards Limiting Judicial Discretion, James Dickson
Indiana Law Journal
No abstract provided.
Juvenile Courts--Waiver Of Juvenile Jurisdiction After Adjudication Of Delinquency Violates Double Jeopardy Clause Of Fifth Amendment, Taunja Willis Miller
Juvenile Courts--Waiver Of Juvenile Jurisdiction After Adjudication Of Delinquency Violates Double Jeopardy Clause Of Fifth Amendment, Taunja Willis Miller
West Virginia Law Review
No abstract provided.
The Juvenile Court And Emotional Neglect Of Children, James B. Stoetzer
The Juvenile Court And Emotional Neglect Of Children, James B. Stoetzer
University of Michigan Journal of Law Reform
A primary function of the Juvenile Court is to assist in the protection of children from abuse and neglect. Juvenile court acts, child abuse reporting statutes, and child protective services legislation have incorporated provisions dealing with physical abuse and physical neglect of children. Such legislation enables state intervention into family life for the protection of children exposed to harmful environments. Statutory definitions of abuse and neglect provide a basis on which the community, frequently through the juvenile court, may pass judgment on the existence of child neglect and offer services or coerce family members to accept them. A few states, …
Child Neglect Proceedings-A New Focus, Ellen K. Thomas
Child Neglect Proceedings-A New Focus, Ellen K. Thomas
Indiana Law Journal
No abstract provided.
Procedural Due Process In The Juvenile Courts Of West Virginia, Richard A. Warmuth
Procedural Due Process In The Juvenile Courts Of West Virginia, Richard A. Warmuth
West Virginia Law Review
No abstract provided.
Toward A Code Of Discovery For Juvenile Delinquency Proceedings, Michael P. Gray
Toward A Code Of Discovery For Juvenile Delinquency Proceedings, Michael P. Gray
Indiana Law Journal
No abstract provided.
Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review
Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review
Michigan Law Review
At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …
Jury Trials For Juvenile Delinquents In Virginia
Jury Trials For Juvenile Delinquents In Virginia
Washington and Lee Law Review
No abstract provided.