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Articles 121 - 147 of 147
Full-Text Articles in Juvenile Law
Capitalizing Adolescence: Juvenile Offenders On Death Row, Mary Berkheiser
Capitalizing Adolescence: Juvenile Offenders On Death Row, Mary Berkheiser
Scholarly Works
Taking as its sample group the 2005 population of seventy-two juvenile offenders on death row, this article examines the roles of peer influence and group offending in the murders committed by those now awaiting execution. Based on that examination, the article suggests certain reforms in the capital trials of juveniles. To set the stage, the article first marshals the evidence supporting the “group crime” theory of youth violence and then discusses the critical role of peers in adolescent development and group offending of a violent crime.
Predicting Death In Young Offenders: A Retrospective Cohort Study, Carolyn Coffey, Rory Wolfe, Andrew W. Lovett, Paul Moran, Eileen Cini, George C. Patton
Predicting Death In Young Offenders: A Retrospective Cohort Study, Carolyn Coffey, Rory Wolfe, Andrew W. Lovett, Paul Moran, Eileen Cini, George C. Patton
Aboriginal Policy Research Consortium International (APRCi)
Objective: To examine predictors of death in young offenders who have received a custodial sentence using data routinely collected by juvenile justice services.
Design: A retrospective cohort of 2849 (2625 male) 11–20-year-olds receiving their first custodial sentence between 1 January 1988 and 31 December 1999 was identified. Main outcome measures: Deaths, date and primary cause of death ascertained from study commencement to 1 March 2003 by data-matching with the National Death Index; measures comprising year of and age at admission, sex, offence profile, any drug offence, multiple admissions and ethnic and Indigenous status, obtained from departmental records.
Results: Theoverallmortalityratewas7.2deathsper1000person-yearsofobservation. Younger …
Immaturity, Normative Competence, And Juvenile Transfer: How (Not) To Punish Minors For Major Crimes, David O. Brink
Immaturity, Normative Competence, And Juvenile Transfer: How (Not) To Punish Minors For Major Crimes, David O. Brink
ExpressO
This essay critically examines the national trend to get tough on juvenile crime by making it easier to transfer juvenile offenders to adult criminal court. It assesses this trend in light of different rationales for punishment, arguing that immaturity provides retributive, deterrent, and corrective reasons to punish juvenile crime differently than otherwise similar adult crime. Insofar as retributive concepts determine whom to punish and how much to punish, it is especially important that immaturity involves diminished normative competence and, hence, diminished responsibility. In defending a traditional approach to juvenile criminal justice against the reforms embodied in the transfer trend, the …
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.
Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Michael Jenuwine, Purva Rawal, Jill Romansky, John S. Lyons
Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Michael Jenuwine, Purva Rawal, Jill Romansky, John S. Lyons
Articles by Maurer Faculty
Mental health placement rates by the juvenile justice system differ by race. However, it is unknown whether mental health needs differ by race. This study attempted to investigate potential differences in mental health needs and service utilization among Caucasian, African American, and Hispanic juvenile justice involved youth. A stratified random sample of 473 youth petitioned, adjudicated, and incarcerated from 1995-1996 was examined using a standard chart review protocol and the Childhood Severity of Psychiatric Illness measure for mental health needs. Significant and unique mental health needs were demonstrated for all racial groups. African American youth demonstrated the greatest level of …
Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Joshua Gupta-Kagan
Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Joshua Gupta-Kagan
Faculty Scholarship
This essay presents one doctrinal method for lawyers to defend children accused of criminal charges in juvenile or adult court: attacking the applicability of the nearly twenty-year old case, New Jersey v. T.L.O. to most school searches. T.L.O. established a lower standard for searches of students by school officials, but it explicitly did not decide what standard the government must meet to justify school searches performed by police officers, creating a doctrinal starting point for advocates to raise challenges to searches involving police. More fundamentally, the T.L.O. Court based its decision on the presumption that firm gates separate public school …
Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael J. Jenuwine, Gene Griffin
Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael J. Jenuwine, Gene Griffin
Articles by Maurer Faculty
No abstract provided.
Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin
Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin
Articles by Maurer Faculty
No abstract provided.
Punishment, Proportionality, And Jurisdictional Transfer Of Adolescent Offenders: A Test Of The Leniency Gap Hypothesis, Aaron Kupchik, Jeffrey A. Fagan, Akiva Liberman
Punishment, Proportionality, And Jurisdictional Transfer Of Adolescent Offenders: A Test Of The Leniency Gap Hypothesis, Aaron Kupchik, Jeffrey A. Fagan, Akiva Liberman
Faculty Scholarship
In the past two decades, nearly every state has expanded its authority and simplified its procedures to transfer adolescent offenders from juvenile to criminal (adult) courts. As a result, the use of jurisdictional transfer has grown steadily. These developments reflect popular and political concerns that punishment in juvenile courts is too lenient for serious crimes committed by adolescents. Yet there is mixed evidence that expanded transfer authority has produced more certain or severe punishments for adolescents prosecuted in criminal courts. Some empirical studies show that adolescents transferred to criminal court are more likely to be convicted, sentenced to prison, and …
Schiff-Cárdenas Crime Prevention Act Of 2000 (Ab 1913): Reports From Counties On Implementation, Assembly Select Committee On Juvenile Justice
Schiff-Cárdenas Crime Prevention Act Of 2000 (Ab 1913): Reports From Counties On Implementation, Assembly Select Committee On Juvenile Justice
California Assembly
No abstract provided.
Crossing The Line: Juvenile Transfer And Prison Violence, Jessica M. Huffman
Crossing The Line: Juvenile Transfer And Prison Violence, Jessica M. Huffman
Sociology & Criminal Justice Theses & Dissertations
The juvenile court has long held caring and rehabilitation as it's objective for those persons who commit crimes while under age 18. However, arguably, that goal has been compromised with the use of juvenile transfers. Some research has been done on the use of transfers, but little has studied the effects of incarcerating juveniles with adult prisoners at the state level. This thesis examines the use of the juvenile transfer and the effects it has with respect to prison violence using states in the U.S. as the unit of analysis. It was hypothesized that prison violence would increase with an …
Children Of Color With Mental Health Problems: Stuck In All The Wrong Places, Susan P. Leviton
Children Of Color With Mental Health Problems: Stuck In All The Wrong Places, Susan P. Leviton
Faculty Scholarship
No abstract provided.
This Will Hurt Me More Than It Hurts You: Social And Legal Consequences Of Criminalizing Delinquency, Jeffrey Fagan
This Will Hurt Me More Than It Hurts You: Social And Legal Consequences Of Criminalizing Delinquency, Jeffrey Fagan
Faculty Scholarship
What happens to adolescents once placed in the criminal justice system and the potential violations of human rights that ensue is the focus of this essay. The pace of change, the severity of the new laws, the potential for unintended negative outcomes, and the empirical reality of adult punishment of juvenile offenders creates new urgency to these questions. Unfortunately, there has been little analysis of the comparative effects of statutes and administrative laws that relocate juvenile offenders to the adult court, and there has been virtually no research on the efficacy, impact and consequences of sentencing juveniles as adults. There …
The Child As Other: Race And Differential Treatment In The Juvenile Justice System, Kenneth B. Nunn
The Child As Other: Race And Differential Treatment In The Juvenile Justice System, Kenneth B. Nunn
UF Law Faculty Publications
The juvenile justice system is rife with disparities between white and non-white children. African American children are not the only ones who may be treated as the "other" inthe juvenile justice system. Latino, Native American, Asian, and even white children may be "othered" in the appropriate social context. This article focuses on African American children and their condition, because it is exemplary of how all children who are perceived as children of the "other" are treated and because, in some ways, the treatment of African American children, in a bipolar racial hierarchy, is unique.
There's No Place Like Home: The Availability Of Judicial Review Over Certification Decisions Invoking Federal Jurisdiction Under The Juvenile Justice And Delinquency Prevention Act, Robert B. Mahini
Vanderbilt Law Review
During the latter half of the twentieth century, society's perception of juvenile delinquents changed dramatically.' Once fairly characterized as "immature kids who might get arrested for truancy, shoplifting or joy riding," juvenile offenders have recently earned reputations as vicious criminals regularly committing such serious offenses as robbery, rape, and murder.' This apparent trend toward increased violence has resulted in a "get tough" approach to federal juvenile justice policies.' Accordingly, Congress has expanded the federal government's ability to prosecute certain juvenile offenders by broadening the scope of federal jurisdiction.
The Comprehensive Crime Control Act of 1984, for example, authorizes federal prosecution …
Punishment Or Treatment For Adolescent Offenders: Therapeutic Integrity And The Paradoxical Effects Of Punishment, Jeffrey A. Fagan
Punishment Or Treatment For Adolescent Offenders: Therapeutic Integrity And The Paradoxical Effects Of Punishment, Jeffrey A. Fagan
Faculty Scholarship
Throughout much of its history, the American juvenile court maintained a goal of rehabilitation of the individual, and placed custody and punishment as secondary or ancillary goals in the pursuit of "remaking the child's character and lifestyle." To its founders, the development of a separate juvenile court reflected a fundamental distinction between sanctions based on characteristics of the offender, and punishment based on the offense. Juvenile court dispositions were designed to determine why the child was in court, and what could be done to avoid future appearances. Judge Julian Mack's classic statement of the original theory of the juvenile court …
A Prevention Model Of Juvenile Justice: The Promise Of Kansas V. Hendricks For Children, Christopher Slobogin, Mark R. Fondacaro, Jennifer L. Woolard
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 …
Subcommittee On Juvenile Justice: Summary Of Public Hearings, Assembly Committee On Public Safety
Subcommittee On Juvenile Justice: Summary Of Public Hearings, Assembly Committee On Public Safety
California Assembly
Summary of public hearings held on March 29, 1996, April 1, 1996, April 4, 1996.
Document includes: Reforming the Juvenile Justice System: The Prosecutor's Perspective on Juvenile Justice Reform, by the California District Attorneys Association (1996).
Summary Of Significant Juvenile Justice Assembly Bills Passed By The Public Safety Committee, Assembly Public Safety Committee, Subcommittee On Juvenile Justice
Summary Of Significant Juvenile Justice Assembly Bills Passed By The Public Safety Committee, Assembly Public Safety Committee, Subcommittee On Juvenile Justice
California Assembly
No abstract provided.
New Directions In Juvenile Justice: School-Based Crime Prevention, Paul F. Walsh Jr.
New Directions In Juvenile Justice: School-Based Crime Prevention, Paul F. Walsh Jr.
New England Journal of Public Policy
This article considers the role of the district attorney as a catalyst for aggressive school-based educational programs to help young people avoid trouble with the legal system. Walsh argues that while it may be unfair to burden classroom teachers with additional responsibilities concerning drug and alcohol issues, school is the logical site at which to provide these services and that a district attorney is well suited to act as a catalyst and resource for providing these additional services.
Juvenile Justice In Washington: A Punitive System In Need Of Rehabilitation, Jeffrey K. Day
Juvenile Justice In Washington: A Punitive System In Need Of Rehabilitation, Jeffrey K. Day
Seattle University Law Review
This Comment argues that the juvenile justice system should be retained in theory, but that Washington’s punitive approach has failed and should be restructured to embrace a system that focuses more on the needs of the offender than on the results of the offense. This Comment advocates for the punitive system to be replaced by laws that once again make rehabilitation a primary goal, but that also provide juveniles with the procedural safeguards necessary to ensure survival in the system. This Comment proposes a significant restructuring of the current system as a means of achieving that goal.
At A Tender Age: Violent Youth And Juvenile Justice, Patrick Gallagher
At A Tender Age: Violent Youth And Juvenile Justice, Patrick Gallagher
Michigan Law Review
A Review of At a Tender Age: Violent Youth and Juvenile Justice by Rita Kramer
The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer
The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer
Seattle University Law Review
This Comment analyzes the significance of the principles animating the constitutional privilege against self-incrimination by first looking at the purposes of Washington’s Juvenile Justice Act; second, by examining the status of the privilege against self-incrimination during sentencing; and third, by applying the values protected by the privilege to the use of predisposition psychological evaluations in Washington juvenile courts.
The Warren And Burger Courts On State, Parent, And Child Conflict Resolution: A Comparative Analysis And Proposed Methodology, Sharon E. Rush
The Warren And Burger Courts On State, Parent, And Child Conflict Resolution: A Comparative Analysis And Proposed Methodology, Sharon E. Rush
UF Law Faculty Publications
Developing a legal framework for analyzing children's rights is difficult. In part, this difficulty stems from the inherent ambiguity of the term "child." Within this general rubric are individuals whose age, maturity, education, and developmental levels encompass a wide rage. A more important obstacle stems from the conflict between the democratic ideals of individual freedom and the sanctity of the family unit. Whether children can be given certain rights without destroying parental authority over the family is a dilemma. Taking into account these opposing principles, a simplified methodology for analyzing and resolving conflicts among the state, parent, and child is …
Punishment And Juvenile Justice: A Conceptual Framework For Assessing Constitutional Rights Of Youthful Offenders, Martin R. Gardner
Punishment And Juvenile Justice: A Conceptual Framework For Assessing Constitutional Rights Of Youthful Offenders, Martin R. Gardner
Vanderbilt Law Review
This Article attempts to provide an analytical framework for identifying the punitive aspects of the juvenile justice system. The Article proposes a framework that is extrapolated from Supreme Court cases which define punishment in contexts outside the juvenile area. Several commentators have criticized the Court's definitional efforts, some because of perceived inadequacies in the developed definitions, others because of the belief that the very enterprise of defining constitutional rights in terms of the presence or absence of punishment is misguided . Although many of these criticisms of the Court's record are understandable, the alleged defects are less detrimental to an …
Interim Detention Of Juvenile Delinquents In Ohio: A Proposal For Controlling Judicial Discretion, Leroy Pernell
Interim Detention Of Juvenile Delinquents In Ohio: A Proposal For Controlling Judicial Discretion, Leroy Pernell
Journal Publications
No abstract provided.
Juvenile Justice - Unlawful Extrajudicial Confession Excluded Under Miranda - Testimonial In-Court Confession "Impelled" By The Admission Of The Invalid Confession Into Evidence. In Re Teters. (Cal. 1958), Edward J. Pulaski Jr.
Juvenile Justice - Unlawful Extrajudicial Confession Excluded Under Miranda - Testimonial In-Court Confession "Impelled" By The Admission Of The Invalid Confession Into Evidence. In Re Teters. (Cal. 1958), Edward J. Pulaski Jr.
San Diego Law Review
This recent case discusses In re Teters. (Cal. 1958).