Juvenile Law Commons^™

2021 Annual Report, Deirdre M. Smith Cumberland Legal Aid Clinic

Cumberland Legal Aid Clinic Annual Report

• Program Overview 3
• General Practice Clinic 5
• Prisoner Assistance Clinic 6
• Juvenile Justice Clinic 7
• Refugee and Human Rights Clinic 10
• Protection from Abuse Program 12
• Clinic Staffing 13

Symposium Transcript

Richmond Public Interest Law Review

No abstract provided.

Disrupting The School-To-Prison Pipeline: Reforming The Role Of The School Resource Officer, Olivia Seksinsky

Richmond Public Interest Law Review

A School Resource Officer (“SRO”) is a law enforcement officer employed

by local law enforcement agencies to provide security to public schools. As

a result of fatal and highly publicized school shootings such as Columbine

and Parkland, SROs have become a fixed aspect of many school communities.

There are tens of thousands of SROs patrolling the halls of Virginia’s

public elementary and secondary schools every year. Despite their intended

purpose to keep students safe and prevent crime, SROs too often contribute

to the school-to-prison pipeline. When SROs are brought into the classroom

to address “disruptive” behaviors, students are at ...

The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson

The Scholar: St. Mary's Law Review on Race and Social Justice

Unaccompanied minors arrive at the United States border every day. Many brought by the hope of finding a life lived without fear, a luxury many United States citizens take for granted. Their truths become the barriers and shackles which keep them in detention centers and unaccompanied minor facilities throughout the United States; children find their very words wielded as weapons against them in immigration court. Words often spoken to therapists in perceived confidence, during counseling sessions. This practice is a systemic failure to protect unaccompanied minors arriving at our borders who are seeking protection and help. The United States was ...

The Decrease In Crime Violence And Re-Offence Rates Of Juveniles Involved In Musical Theater Arts Programs In The United States, Alexia Williams

Liberty University Research Week

Undergraduate

Theoretical Proposal

Special Education No Man's Land, Adrián E. Alvarez

St. John's Law Review

(Excerpt)

Since 2014, unaccompanied immigrant children have migrated to the United States in staggering numbers. The vast majority come from the Northern Triangle countries of Central America—El Salvador, Guatemala, and Honduras—and many are fleeing some of the highest homicide rates in the world. Immigration lawyers have highlighted many problems with the federal regime that cares for these children before they are released to family members or other adults living in the United States while their immigration cases move forward. Yet there is one group of unaccompanied minors that is not even on the radar of many advocates: unaccompanied ...

Reformation Within The Nation: Adapting The Nordic Rehabilitation And Reintegration Model To Positively Recondition The United States Criminal Justice System, Jessica Cornell

Helm's School of Government Conference

An analytical and statistical based comparison of criminal sentencing, incarceration, rehabilitation and reintegration in the United States of America to those of the five countries which follows those of the Nordic Criminal Justice System.

Juvenile Solitary Confinement And The Eighth Amendment, Taylor R. Graves

Honors Thesis

This literature review examines the practice of juvenile solitary confinement, applies the United States Supreme Court’s Eighth Amendment jurisprudence, argues that the practice should be declared unconstitutional as a violation of the Eighth Amendment, and calls for a categorical ban. The Cruel and Unusual Punishment Clause of the Eighth Amendment states, “nor [shall] cruel and unusual punishments [be] inflicted.” U.S. Const. amend. VIII. Juvenile solitary confinement is cruel and unusual, in violation of the Eighth Amendment, because juveniles are different. The United States Supreme Court has long recognized that juveniles should not be held to the same standards ...

Navigating A Potentially Changing Landscape In Child Welfare Appellate Review, Carolyn Altman, Robert Rodatus, Amanda Trimble

Mercer Law Review

Recently, the Georgia Supreme Court, in reversing the Georgia Court of Appeals decision as to a legitimation petition, held that the evidence was sufficient, by the appropriate standard of proof, for the trial court to deny the putative father’s petition to establish his legal rights to a child. This supreme court opinion, in reviewing the analysis of the court of appeals, illustrated an approach of the court of appeals in some child welfare cases to state a standard of review that defers to the trial court as trier of fact; but then, in de facto deference, to the rights ...

No Child Left Behind Bars: Applying The Principles Of Strict Scrutiny When Sentencing Juveniles Tried As Adults, Max Chu

William & Mary Law Review

The Commonwealth of Virginia was the first in the nation to pass legislation that provides judges with the discretion to veer away from the mandatory minimum sentence and to impose trauma-informed and age-appropriate sentences for juvenile offenders convicted of felonies and tried as adults. Although Virginia’s new law, House Bill 744 (HB 744), is a pioneering step in the right direction, this Note argues that the law may now provide judges with too much discretion. In other words, HB 744 alone, without more guidance, does not go far enough to protect the rights of juvenile offenders.

Therefore, this Note ...

Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, André Douglas Pond Cummings, Todd J. Clark, Caleb Gregory Conrad, Amy Dunn Johnson

University of Cincinnati Law Review

No abstract provided.

Unshackled: Stories Of Redemption Among Serious Youth Offenders, Julie E. Mcconnell

Richmond Public Interest Law Review

In a series of decisions concerning child defendants, the United States Supreme

Court has embraced the understanding, based on adolescent brain

development, that the legal system must recognize children are different than

adults concerning criminal culpability and sentencing. That recognition, culminating

in Miller v. Alabama and Montgomery v. Louisiana, led to the opportunity

for thousands of individuals across the country, initially sentenced

to death-in-prison sentences when they were minors, to gain a meaningful

opportunity for release. These cases permanently banned mandatory life sentences

for children. In Virginia, the legislature now allows reconsideration

of these cases through hearings before the parole ...

Excessive Sanctions & Evolving Standards Of Decency: The Mitigating Nature Of Sexual Trauma For Juvenile Survivors Who Murder, Ingrid Hofeldt

Minnesota Journal of Law, Science & Technology

No abstract provided.

Bars To Bridges: Culturally Responsive Education Advocacy, Micaella Flores, Christine Otto

National Youth Advocacy and Resilience Conference

We'll explore tangible ways to advocate for BIPOC students who've experienced educational disruptions. We’ll discuss the methods and model The Bars to Bridges Program uses to successfully transition justice involved youth into their academic settings and maintain engagement in education.

Kelemahan Pelaksanaan Kebijakan Kriminal Terhadap Cyberbullying Anak Di Indonesia, Wenggedes Frensh

Indonesia Criminal Law Review

Advances in technology can create globalization that causes the world to be borderless. The rapid developing technology is information and communication technology. The development of information and communication technology is followed by the development of the internet which creates a cyberspace where crime is called cybercrime. One of the developing cybercrime is cyberbullying. In Indonesia, there are still weaknesses in the implementation of criminal policies against cyberbullying, so it is necessary to know the weaknesses in the cyberbullying criminal policies in Indonesia. The research method used is normative legal research (normative juridical) and empirical legal research (empirical juridical). The research ...

A Lineage Of Family Separation, Anita Sinha

Brooklyn Law Review

Family separation is a practice rooted in US history. In order to comprehensively examine the most recent execution of separating children from their parents under the Trump Administration’s “zero tolerance” policy, we need to follow and understand this history. That is what this Article does. Examining the separation histories of enslaved, Indigenous, and immigrant families, it offers critical context of a reoccurring practice that has had devastating effects largely on communities of color, and across generations. By contextualizing the separation of migrant families crossing the US-Mexico border under zero tolerance, this Article identifies narratives that consistently rely on xenophobia ...

Negotiations In Juvenile Dependency: Addressing Power, Race, And Class Inequities, Akila Shenoy

UC Irvine Law Review

A primary goal of the juvenile-dependency system is the preservation of the family, yet this goal is undermined by the gross disparity in bargaining power that exists between parties and that disproportionately affects poor families of color. This Note argues that the systemic power imbalance within the dependency system that disadvantages parents and is exacerbated by racial and class bias can be ameliorated by incorporating objective criteria into proceedings, moving from an adversarial to problem-solving approach in negotiations, requiring cultural competency that acknowledges disproportionality and its sources, and expanding access to mediation. This Note proceeds in five parts. Part I ...

Girls, Assaulted, I. India Thusi

Northwestern University Law Review

Girls who are incarcerated share a common trait: They have often experienced multiple forms of sexual assault, at the hands of those close to them and at the hands of the state. The #MeToo movement has exposed how powerful people and institutions have facilitated pervasive sexual violence. However, there has been little attention paid to the ways that incarceration perpetuates sexual exploitation. This Article focuses on incarcerated girls and argues that the state routinely sexually assaults girls by mandating invasive, nonconsensual searches. Unwanted touching and display of private parts are common features of life before and after incarceration—from the ...

Extraordinary (Circumstances) Injustice, Melissa Capalbo

St. John's Law Review

(Excerpt)

The box . . . . It’s a small room, so you really don’t move
around a lot. You wake up, and there’s a toilet right next to
your head. You look out the window and you see birds fly-
ing, and that only leads your mind into wanting freedom
more. And since it’s a small room, it makes you think cra-
zy. . . .Right now, I’m five-foot-seven. I grew. I came here
when I was five feet tall.

This is Rikers Island. The 19-year-old boy who shared his story is certainly not alone. Thousands of youth from throughout ...

Rethinking Juvenile Rehabilitation: Presumptive Waiver And Alternative Sentencing In Indiana, S. Reese Sobol Ii

Indiana Law Journal

Indiana’s juvenile justice system, like all systems of juvenile justice, is premised on rehabilitation. And while Indiana is far from an outdated, overly punitive system, there are several tangible opportunities for improvement. Indiana enacted an alternative sentencing scheme for juvenile offenders waived into adult court in 2013, but alternative sentencing has not been implemented in an effective manner yet. Furthermore, Indiana’s statutory system of waiver contains several aspects that are inconsistent with, or simply fail to account for, modern social science understandings.

This Comment seeks to expound upon relevant social science principles within the context of juvenile justice ...