Juvenile Law Commons^™

Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn

Dickinson Law Review (2017-Present)

Evidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm’s-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in a piecemeal fashion. Yet, to date, there has been no comprehensive scholarly critique of evidence principles and practices for failing to meaningfully account for youth. And the evidentiary intersection of youth and race has been almost entirely overlooked in legal scholarship. This Article, in …

Inadmissibility: Solving Questionable Consent To Juvenile Interrogations, Wilson Baer

Brooklyn Law Review

Around the country, juveniles are brought in by police officers for the purpose of interrogations. Juveniles have the same constitutionally mandated protections as adults do and so they are read the same Miranda rights as adults are (or alternatively a version tailored specifically for juveniles). However, it is generally understood that, due to ongoing brain development, juveniles merit increased protections relative to adults. Generally, the solution to the problem has been to add an advocate for the child in the interrogation room. Usually, states have accomplished this by mandating parent presence, and some have mandated attorney presence. While these individuals …

The Supreme Court Rolls Back The Clock For Juvenile Justice, Jack Lyons

GGU Law Review Blog

For decades, the Supreme Court has protected juveniles from harsh punishments, such as mandatory life without parole (LWOP), by acknowledging that children are different and must be sentenced accordingly. The developmental differences in children make it nearly impossible to determine that a child who commits a crime is beyond hope for rehabilitation. Jones v. Mississippi turned back the clock on juvenile justice by holding that sentencers need not find a child is “permanently incorrigible” before sentencing them to life without parole.

Hollywood At Home: Applying Federal Child Labor Laws To Traditional And Modern Child Performers, Shannon Kate Mcgrath

Washington and Lee Journal of Civil Rights and Social Justice

In the past few years there has been a rise in online influencers who gain money and fame from their online content, and in many cases these influencers are children. Although this can be seen as a “job,” federal child labor laws exempt all child performers from protections. This means traditional child actors and children who create online content must rely on state laws regarding child labor. While some states have protections for child performers, several states have no such laws in place. In addition, the current protections are not available to children who take part in online content. Without …

Due Process Junior: Competent (Enough) For The Court, Tigan Woolson

Journal of Law and Health

There are many reports presenting expert policy recommendations, and a substantial volume of research supporting them, that detail what should shape and guide statutes for juvenile competency to stand trial. Ohio has adopted provisions consistent with some of these recommendations, which is better protection than relying on case law and the adult statutes, as some states have done. However, the Ohio statute should be considered a work in progress.

Since appeals courts are unlikely to provide meaningful review for the substance of a juvenile competency determination, the need for procedures for ensuring that the determination is initially made in a …

J.E.F.M. V. Lynch: The Jurisdictional Exclusion Of Legal Representation For Immigrant Children, Kourtney Speer

Golden Gate University Law Review

The border crisis created a perfect storm in immigration courts, as children wind their way from border crossings to immigration proceedings. The storm has battered immigration courtrooms crowded with young defendants but lacking lawyers and judges to handle the sheer volume of cases.

The Law Of Disposable Children: Searches In Schools, Tonja Jacobi, Riley Clafton

UC Irvine Law Review

It’s the forgotten, discarded, disposable people. That’s so often who you find in jail—the forgotten.

—Rev. David Kelly, explaining why he devotes himself to working with children coming out of the juvenile detention system.

Many schools treat children as “disposable.”

—Francisco Arenas, Juvenile Probation Officer at Cook County Juvenile Probation.

Schoolchildren are being strip-searched based on little or no reasonable suspicion, and schoolchildren are being targeted for searches based on their race, disability status, gender, or homelessness. This is possible because the Supreme Court has issued only two opinions in its history about the right of schoolchildren to be free …

Broken Promises: The Granite State’S Return To The Institutionalization Of Children With Disabilities, Elizabeth Trautz

The University of New Hampshire Law Review

In 1975, the New Hampshire legislature enacted a progressive statute which mandated the Department of Health and Human Services “to establish, maintain, implement and coordinate a comprehensive service delivery system for developmentally disabled persons.” This law was innovative for its time; it decreed that individual service plans (ISPs) be developed for every client in the state’s service delivery system, guaranteed “a right to adequate and humane habilitation and treatment[,]” and contemplated the state’s area agency system as we know it today. The statute was a steppingstone for the 1981 class action lawsuit of Garrity v. Gallen. This was one of …

Covid Aftermath: The Impact Of The Pandemic On Florida's Public School Students, Hannah Blount, Michael Figg, Autumn Finke, Christina Gilbert, Mackenzie O'Connell, Nyasia Minaya, Kylee Neeranjan, Alyssa Rodriguez

Gator TeamChild Juvenile Law Clinic

The goal of this White Paper is to provide an overview of the current and future impacts the COVID-19 pandemic (“COVID”) has left on Florida’s public school education system. Additionally, this White Paper review shows how public education institutions are still working to address the loss of instructional time and long-term consequences due to pandemic-related school disruptions.

Understanding Racial Disparate Treatment Of Juvenile Interpersonal Violent Offenders In The Juvenile Justice System Using Focal Concerns Theory., Suzanne M. Overstreet

Electronic Theses and Dissertations

Disproportionate minority contact (DMC) is a salient issue that has been found at every stage of the decision-making process in the juvenile justice system (Hawkins & Kempf-Leonard, 2005; Kempf-Leonard, 2007; Bishop, 2005; Leiber, Bishop, & Chamlin, 2010; Leiber & Stairs, 1999). Existing research indicates that DMC influences adjudication for drug, property, and personal crimes (Fergusson, Horwood, & Swain-Campbell, 2003; Frazier, Bishop, & Henretta, 1992; Leiber & Jamieson, 1995; Leiber & Mack, 2003; Hawkins & Kempf-Leonard, 2005; Leiber, 2015). Because intimate partner violence (IPV) is a major public health problem and global concern (Djamba & Kimuna, 2008; Goo & Harlow, 2012; …

Maturity As A Condition Of Criminal Liability In Islamic Jurisprudence Under The Libyan And The Emirati Legislations, Mustafa Khaled Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Maturity is considered as one of the essential conditions for criminal liability; whether the crimes involve Taazer or Hudood or Quesas Crimes.

This study deals with the issue of how Libyan and the UAE Legislation treat with adulthood as a condition of criminal liability.

The research aims to achieve some of the most important goals:

To highlight the methodology of Islamic law to address the issue of maturity as a condition of criminal liability. In addition, this study attempted to assess the methodology of Libyan and Emirati legislators in determining their age of puberty and the extent of their compliance …

On Account Of Youth: Winning Asylum For Children, Linda Kelly

University of Cincinnati Law Review

No abstract provided.

The Impermissibility Of Police Deception In Juvenile Interrogations, Gina Kim

Fordham Law Review

Although perjury is a criminal offense in all states and a felony in many, law enforcement may routinely lie to suspects during interrogations. This widespread, judicially authorized practice consists of interrogators making false promises of leniency that the suspect will receive a lighter sentence in exchange for a confession, and making misrepresentations about the evidence against the suspect. Police deception in interrogations becomes even more problematic when used against juvenile suspects because the psychological vulnerability of minors may lead them to succumb to deceptive pressures and even to falsely confess.

This Note explores the debate surrounding the use of police …

Are Child Sex Offenders Truly Predators? Proposed Change To The Minnesota Legislature Requiring Mandatory Sex Offender Registration For Juveniles, Mackenzie Sedlack

University of St. Thomas Law Journal

No abstract provided.

How Muralists, Street Artists, And Graffiti Writers Can Protect Their Artworks, Enrico Bonadio

University of St. Thomas Law Journal

No abstract provided.

Two Essays On Intellectual Property And Social Justice, Thomas C. Berg

University of St. Thomas Law Journal

No abstract provided.

Leave Them Kids Alone: State Constitutional Protections For Gender-Affirming Healthcare, Jessica Matsuda

Washington and Lee Law Review

State legislatures across the nation are continually targeting the rights of transgender individuals with a variety of laws affecting everything from bathrooms to medical care. One particularly invasive type of legislation, the gender-affirming healthcare ban, seeks to prohibit all forms of healthcare that align a person’s physical traits with their gender identity for individuals under eighteen. Bans like this severely impede the treatment necessary for transgender youth suffering from gender dysphoria, which carries serious physical consequences and sometimes fatal psychological repercussions. As legislative sessions pass, more and more states are introducing and actually enacting these bans

Striking down these bans …

International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann

International Law Studies

The Ukraine-Russia conflict has wreaked disproportionate harms upon children. Hundreds reportedly were killed or wounded within the opening months of the conflict, thousands lost loved ones, and millions left their homes, their schools, and their communities. Yet public discussions of how to settle the conflict contain very little at all about children. This article seeks to change that dynamic. It builds on a relatively recent trend, one that situates human rights within the structure of peace negotiations, to push for particularized treatment of children’s experiences, needs, rights, and capacities in eventual negotiations. The article draws upon twenty-first century projects that …

Family | Home | School, Latoya Baldwin Clark

Northwestern University Law Review

The state grants residents who live within a school district’s border an ownership interest in that district’s schools. This interest includes the power to exclude nonresidents. To attend school in a school district, a child must prove that she lives at an in-district address and is a bona fide resident. But in highly-sought-after districts and schools, establishing a child’s bona fide residence may be highly contested.

In this Essay, I show that education law, policies, and practices fail to recognize a child’s residence when the child’s family and living situation do not comport with a particular ideal of family life. …

Is Age Just A Number: The Intersection Of The Fair Labor Standards Act And Professional Sports, Kacey Mccann

Jeffrey S. Moorad Sports Law Journal

No abstract provided.