Juvenile Law Commons^™

Developmental Incompetence, Due Process, And Juvenile Justice Policy, Elizabeth S. Scott, Thomas Grisso

Faculty Scholarship

In 2003, the Florida District Court of Appeal reversed the murder conviction and life sentence imposed on Lionel Tate, who was twelve years old when he killed his six-year-old neighbor. Since Lionel was reported to be the youngest person in modern times to be sent to prison for life, the case had generated considerable debate, and the decision was appealed on several grounds. What persuaded the appellate court that the conviction could not stand, however, was the trial court's rejection of a petition by Lionel's attorney for an evaluation of his client's competence to assist counsel and to make a …

The Decline Of The Juvenile Death Penalty: Scientific Evidence Of Evolving Norms, Jeffery Fagan

Faculty Scholarship

Shortly after the U.S. Supreme Court issued its decision in Atkins v. Virginia holding that the execution of mentally retarded persons violated the Eighth Amendment, legal scholars, advocates, and journalists began to speculate that the Court would next turn its attention to the question of the execution of persons who were juveniles – below eighteen years of age – at the time they committed homicide. Following the Atkins decision, four Justices expressed the view that the rationale of Atkins also supported the conclusion that execution of juvenile offenders was unconstitutional. A constitutional test of capital punishment for juveniles was inevitable. …

Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza

Faculty Scholarship

Criminal accusation stigmatizes. Merely having been accused of a crime lasts in the public eye, damaging one's reputation and threatening current and future employment, relationships, social status, and more. But vast numbers of criminal cases are dismissed soon after arrest, and countless accusations are unfounded or unprovable. Nevertheless, police officers and prosecutors routinely name criminal accusees to the public upon arrest or suspicion, with no obligation to publicize a defendant's exoneration, or the dismissal of his case, or a decision not to file charges against him at all. Other individuals caught up in the criminal process enjoy protections against the …

Legal Images Of Fatherhood: Welfare Reform, Child Support Enforcement, And Fatherless Children, Jane C. Murphy

All Faculty Scholarship

This Article analyzes the issue of paternity disestablishment, an issue courts and legislatures have been struggling with over the last several years. For a variety of reasons explored in this Article, an increasing number of fathers have filed requests to set aside paternity orders seeking to be relieved of the legal obligations of fatherhood. As a result families have been destabilized and children are becoming fatherless. The implications for the future of the family are profound. Although some scholars have examined this phenomenon, none have addressed the link between paternity disestablishment and welfare reform.

This Article explores the law's evolving …

Detention Reform And Girls: Challenges And Solutions: Jdai Pathways To Juvenile Detention Reform #13, Francine Sherman

Francine T. Sherman

This report is part of the Annie E. Casey Foundation Juvenile Detention Alternatives Initiative (JDAI) Pathways to Detention Reform Series. It describes the urgent need for juvenile justice systems to focus on their female populations and presents an overview of the pathways girls take into detention in the United States with a focus on justice system policies and practices that lead to unnecessary and disproportionate detention of girls. It then identifies promising policies, practices, and gender-responsive approaches drawn from JDAI sites, which can reduce girls’ detention and improve their outcomes. The report concludes with systemic strategies to eliminate gender bias …

Juvenile Decertification: Developing A Model For Classification And Prediction, Geoffrey Marczyk, Kirk Heilbrun, Tammy Lander, David Dematteo

David DeMatteo

This study considers the impact of data from the Psychopathy Checklist: Youth Version (PCL:YV), the Massachusetts Youth Screening Instrument (MAYSI), and the Youth Level of Service Case Management Inventory (YLS/CMI) on the court’s decision whether to decertify an adolescent defendant back to juvenile court or keep the defendant in criminal court. There are significant positive relationships between certification status and age; number of violent charges; total charges; PCL:YV, YLS/CMI, and MAYSI total scores; and select subscales of the MAYSI and the YLS/CMI. Significant differences are found between those who remained in the adult criminal justice system and those who were …

Advocates Should Use Applicable International Standards To Address Violations Of Undocumented Migrant Workers In The United States, Connie De La Vega, Conchita Lozano-Batista

Connie de la Vega

This article seeks to provide migrant rights advocates with international legal arguments that can be used to address domestic human rights abuses when domestic law is inadequate and in violation of U.S. treaty obligations. It discusses applicable international law and suggests how these standards may be used to protect migrant workers. The article: describes the working conditions of undocumented migrants in the United States, highlighting recent violations of their human rights. It discusses Hoffman Plastics Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002), which limited the rights of undocumented workers, and its aftermath and in which there …

Adjudicatory And Dispositional Decision Making In Juvenile Justice, Richard E. Redding

Richard E. Redding

Juvenile court judges and others working in the juvenile justice system have a wide variety of dispositional and sentencing options available for the juvenile offenders under their jurisdiction. For serious, violent or chronic offenders, these options increasingly involve transferring juveniles from juvenile court for trial and sentencing in the criminal court as well as blended juvenile and adult sentences. This chapter provides an overview of the adjudicatory and dispositional options available for handling juvenile offenders in the juvenile and criminal justice systems. The research on adjudicatory and dispositional decision making is reviewed, and directions for future law and policy development …

Data, Detention, And Girls, Francine Sherman

Francine T. Sherman

No abstract provided.

Paying The Price For Our Children’S Torts: Exploring Parental Liability Statutes Employed In The South, John Kevin Phillips

ExpressO

The accompanying manuscript explores the historical foundations for the common law imposition of liability upon parents for their child’s torts. The manuscript explores the adoption of the common law rules by Southern states with the exception of Louisiana and illustrates the different approaches employed in the common law versus the civil code. The manuscript then explores the growth of parental liability statutes and the alarming trend towards raising the amount of compensation even to unlimited liability coupled with almost strict liability in some Southern states.

Parental liability statutes continue to grow in importance and controversy. The present manuscript is especially …

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 …

Family And Juvenile Law, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Does The Tax Law Discriminate Against The Majority Of American Children: The Downside Of Our Progressive Rate Structure And Unbalanced Incentives For Higher Education?, Lester B. Snyder

University of San Diego Law and Economics Research Paper Series

Our graduate income tax structure provides an incentive to shift income to lower-bracket family members. However, some parents have much more latitude to shift income to their children than do others. Income derived from services and private business-by far the majority of American income-is less favored than income derived from publicly traded securities. The rationale given for this discrimination is that parents in services or private business, as opposed to those in securities, do not actually part with control of their property. This article explores these tax broader (yet subtle) tax benefits and their impact on the majority of children …

Section 1: Moot Court, Roper V. Simmons, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Rave Act: A Specious Solution To The Serious Problem Of Increased Ecstasy Distribution Within The United States That Is Unconstitutionally Overbroad, Erin Treacy

ExpressO

The RAVE Act amends the 1986 "Crackhouse Statute" on the assumption that electronic music concerts are comparable to crackhouses. This article submits that the rationale behind the former Crackhouse statute does not logically support the RAVE Act and that the new law, as enacted, is unconstitutionally overbroad, infringing upon First Amendment rights. This article shows that the “rave culture,” its associated drug use and electronic music performances (sometimes known as raves) are not inextricably linked. The article also explores policy arguments that may be asserted against the RAVE Act and provides suggestions on how to amend the existing statute to …

Scarlet Letter Punishment For Juveniles: Rehabilitation Through Humiliation?, Bonnie Mangum Braudway

Campbell Law Review

This comment begins by discussing the historical development of the juvenile justice system and society's use of shaming penalties. In Section III, it will point out the dangers of using shaming penalties on juvenile offenders. Section IV will explore how the highest courts in two major jurisdictions may handle an appeal from a fictional juvenile sentenced to a shaming punishment. Finally, the comment will discuss possible improvements in the juvenile justice system.

Trends In The Murder Of Juveniles: 1980-2000, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Uneasy Tensions Between Children's Rights And Civil Rights, Annette Ruth Appell

Nevada Law Journal

No abstract provided.

Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark

ExpressO

No abstract provided.

Successful Program Implementation: Lessons From Blueprints, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin

ExpressO

No abstract provided.

Too Young For The Death Penalty: An Empirical Examination Of Community Conscience And The Juvenile Death Penalty From The Perspective Of Capital Jurors, William J. Bowers, Benjamin Fleury-Steiner, Valerie P. Hans, Michael E. Antonio

Cornell Law Faculty Publications

As our analysis of jury decisionmaking in juvenile capital trials was nearing completion, the Missouri Supreme Court declared the juvenile death penalty unconstitutional in Simmons v. Roper. The court held that the execution of persons younger than eighteen years of age at the time of their crime violates the Eighth and Fourteenth Amendments to the United States Constitution. This decision patently rejected the U.S. Supreme Court's ruling in Stanford v. Kentucky, which permitted the execution of sixteen- and seventeen-year-olds. In deciding Simmons, the Missouri Supreme Court applied the U.S. Supreme Court's reasoning in Atkins v. Virginia to …

Capital Jurors As The Litmus Test Of Community Conscience For The Juvenile Death Penalty, Michael E. Antonio, Benjamin Fleury-Steiner, Valerie P. Hans, William J. Bowers

Cornell Law Faculty Publications

This fall, the United States Supreme Court will consider the constitutionality of the juvenile death penalty in Simmons v. Roper. The Eighth Amendment issue before the Court in Simmons will be whether the juvenile death penalty accords with the conscience of the community. This article presents evidence that bears directly on the conscience of the community in juvenile capital cases as revealed through extensive in-depth interviews with jurors who made the critical life-or-death decision in such cases. The data come from the Capital Jury Project, a national study of the exercise of sentencing discretion in capital cases conducted with …

Prostitution Of Juveniles: Patterns From Nibrs, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Detection And Prevalence Of Substance Use Among Juvenile Detainees, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring

University of Michigan Journal of Law Reform

The Westermarck theory maintains that incest avoidance arises from the physical proximity of siblings during a critical period of early childhood. This proximity gives rise to an inhibiting effect on post childhood sexual interest. Two recent studies of sibling relationships have verified and refined the Westermarck theory, indicating that the critical period extends through the first four years of childhood. The theory and the studies have implications for child welfare laws, policies and practices surrounding the placement of siblings in foster care. Namely, the findings provide powerful reasons for placing siblings together during the critical period in order to minimize …

Sex And The Workplace: "Consenting" Adolescents And A Conflict Of Laws, Jennifer Ann Drobac

Washington Law Review

According to the Equal Employment Opportunity Commission, sexual harassment of adolescents at work may constitute a serious, but to date largely undocumented, problem. Courts respond inconsistently to adolescent "consent" in sexual harassment employment cases. This Article reviews state criminal statutory rape law, federal civil law, and tort law to reveal the conflicting legal treatment of adolescent capacity to consent to sex. It highlights conflicts not only between the criminal and civil systems, but also between sister states' laws and laws within states. For example, this Article finds that despite criminal sexual abuse laws, courts permitted employers to use adolescent "consent" …

International Child Abductions: The Challenges Facing America , Charles F. Hall

ExpressO

International child abductors often escape domestic law enforcement and disappear without consequence or resolution. International child abductions occur too frequently; in the United States alone, the number of children abducted abroad every year has risen to over 1,000. Currently, 11,000 American children live abroad with their abductors. These abductions occur despite international treaties and the Congressional resolutions that have significantly stiffened the penalties for those caught. Effectively combating international child abductions requires drafting resolutions that are acceptable across the diverse societies and cultures of the international community. Without such resolutions to fill the gaps of current treaties this problem will …

The Speech-Enhancing Effect Of Internet Regulation, Emily Buss

Chicago-Kent Law Review

In this Article, the author suggests that certain speech-reducing regulations will, in fact, be speech-enhancing for children. This is because children are vulnerable to far greater censorship at the hands of their parents than at the hands of Internet regulators. Regulations that inspire parents to relax their grip on their children's access to information are likely to produce significant net speech gains for children. Viewed this way, regulations designed to protect children can be conceived as pitting the speech interests of adults against the speech interests of children. The Article suggests a number of reasons we might value the children's …

When Well-Being Trumps Liberty: Political Theory, Jurisprudence, And Children's Rights, William Galston

Chicago-Kent Law Review

Compared to most adults, children are dependent and vulnerable and therefore require special protection. Efforts to safeguard their well-being often collide with one or more of the liberty guarantees of the First Amendment. Professor Etzioni fears that current jurisprudence has tipped the balance too far towards individual liberty, making it difficult to extend children the legal protection they need. Drawing on a theoretical account of constitutionalism as well as existing case law, the author argues that mainstream jurisprudence is up to the task of balancing the well-being of children against the liberty of adults. The Supreme Court's recent decision in …