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2212 full-text articles. Page 1 of 55.

Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran 2017 Notre Dame Law School

Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran

Journal of Legislation

No abstract provided.


The Pro Bono Collaborative Project Spotlight: Rwu Law Street Law: Teaching Teens About The Law And Inspiring Future Lawyers 11-16-2017, Roger Williams University School of Law 2017 Roger Williams University

The Pro Bono Collaborative Project Spotlight: Rwu Law Street Law: Teaching Teens About The Law And Inspiring Future Lawyers 11-16-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Addressing Utah’S School To Prison Pipeline, Tyler B. Bugden 2017 SJ Quinney College of Law, University of Utah

Addressing Utah’S School To Prison Pipeline, Tyler B. Bugden

Utah Law Review

Utah’s STTP problem needs to be resolved. Zero tolerance policies, the limited constitutional rights of students, the police power of school administrators, the injection of SROs into our schools without clear job responsibilities and training, and the imbalance of power between students and state actors all contribute to Utah’s biased STPP. To address the STPP, researchers encourage: the expansion of legal protections for juveniles; the re-training of SROs and employment contracts that clearly define SROs’ responsibilities; the use of restorative justice practices and other evidence-based alternatives to the juvenile justice system; and reforming the discretionary power of state ...


2017 Youth Recidivism: Diversion To Discharge In Maine's Juvenile Justice System, Robyn Dumont, Erica King MSW 2017 University of Southern Maine, Muskie School of Public Service

2017 Youth Recidivism: Diversion To Discharge In Maine's Juvenile Justice System, Robyn Dumont, Erica King Msw

Justice Policy

This report summarizes research that examined data for youth involved with the Maine Juvenile Justice System who were diverted, supervised, or released from commitment for the first time from 2010 to 2014. The report describes the cohorts of youth demographically, reviews trends, explores risk levels and length of stay, and examines recidivism and returns to a facility. This research shows that fewer youth are entering the system and that more of those who do are quickly and successfully diverted. It shows that youth supervised in the community are decreasing in risk level and offense severity and that the majority do ...


How To Combat Prenatal Substance Abuse While Also Protecting Pregnant Women: A Legislative Proposal To Create An Appropriate Balance, Kyle Kennedy 2017 University of Arkansas, Fayetteville

How To Combat Prenatal Substance Abuse While Also Protecting Pregnant Women: A Legislative Proposal To Create An Appropriate Balance, Kyle Kennedy

Arkansas Law Review

“Substance abuse in pregnancy is associated with a number of adverse outcomes for the woman, fetus, and neonate.” A recent study indicated that approximately 5.9% of pregnant women between the ages of fifteen and forty-four use illicit drugs. Prenatal illicit drug use has escalated over the past decade, causing an increase in “maternal and neonatal complications, neonatal abstinence syndrome, and health care costs.” Following alcohol and marijuana, methamphetamine is the most commonly abused drug.4 By 2006, admissions for treatment of methamphetamine abuse among pregnant women had increased to twenty-four percent of federally-funded treatment admissions, up from eight percent ...


Parameters Of Child Protective Services In The Commercial Sexual Exploitation Of Minors, Taliah Ahdut 2017 Seattle University School of Law

Parameters Of Child Protective Services In The Commercial Sexual Exploitation Of Minors, Taliah Ahdut

Seattle University Law Review

The purpose of this Note is to critique the current paradigm in place for resolving the sex trafficking of youth in Washington and compare it to the current model utilized in Minnesota. The Minnesota model should be used to provide a framework for Washington to revise its current model because Washington’s current model allows for sexually exploited youth to be funneled in and out of the criminal justice system, limiting the chances for trafficked victims to reach out to members of the community for assistance. These changes could ultimately increase the opportunities for trafficked youth and position them in ...


An Exposition Of The Effectiveness Of And The Challenges Plaguing Maine's Juvenile Drug Treatment Court Program, Jason E. Rayne 2017 University of Maine School of Law

An Exposition Of The Effectiveness Of And The Challenges Plaguing Maine's Juvenile Drug Treatment Court Program, Jason E. Rayne

Maine Law Review

Since 1989, trial courts across the United States have been developing and implementing the drug court model. Drug courts are treatment-based programs that are considered less adversarial than traditional methods of adjudication. By early in the new millennium, drug courts had “achieved considerable local support and [had] provided intensive, long-term treatment services to offenders with long histories of drug use and criminal justice contacts, previous treatment failures, and high rates of health and social problems.” Drug courts were developed in part to quell the trend of prison overcrowding associated with America’s increased “war on drugs” during the 1980s. Courts ...


Stories Told And Untold: Confidentiality Laws And The Master Narrative Of Child Welfare, Matthew I. Fraidin 2017 University of Maine School of Law

Stories Told And Untold: Confidentiality Laws And The Master Narrative Of Child Welfare, Matthew I. Fraidin

Maine Law Review

In most states, child welfare hearings and records are sealed or confidential. This means that by law, court hearings and records may not be observed. The same laws and court rules also preclude those who are authorized to enter and watch from discussing anything learned or observed in a closed courtroom or from a sealed court record with anyone not involved in the case. It is the restriction on speech—on telling stories about child welfare—with which this Article is concerned. I will argue in this Article that the insights of narrative theory and agenda-setting studies help us understand ...


On The Ends And Means Of Protecting Youth In Juvenile Courts, Franklin E. Zimring 2017 Selected Works

On The Ends And Means Of Protecting Youth In Juvenile Courts, Franklin E. Zimring

Franklin E. Zimring

No abstract provided.


"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn McLain 2017 University of Maine School of Law

"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn Mclain

Maine Law Review

Young children are frequently precluded from testifying at trial on the grounds of incompetency because they cannot answer questions about abstract concepts regarding “truth” and “lies.” In this situation, should the child’s earlier, out-of-court statements disclosing the abuse and identifying the abuser also be inadmissible? The stakes are huge. If young children cannot testify, and their out-of-court statements are precluded, they simply become safe prey, unprotected by the judicial system. The pivotal question becomes, are there procedures that can ensure fairness both to children and to their alleged abusers? This article argues that a child’s testimonial incapacity at ...


Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn 2017 Northwestern Pritzker School of Law

Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn

Northwestern Journal of Law & Social Policy

No abstract provided.


Panel Discussion: Expanding Our Conception Of Justice, 2017 Northwestern University School of Law

Panel Discussion: Expanding Our Conception Of Justice

Northwestern Journal of Law & Social Policy

No abstract provided.


Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran 2017 University of Michigan Law School

Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran

Articles

In many jurisdictions, once a parent has her rights terminated to one child, the State can use that decision to justify the termination of parental rights to another child. The State can do so regardless of whether the parent is fit to parent the second child. This article explores this practice, examines its origins, and discusses its constitutional inadequacies.


Juveniles Make Bad Decisions, But Are Not Adults & Law Continues To Account For This Difference: The Supreme Court’S Decision To Apply Miller V. Alabama Retroactively Will Have A Significant Impact On Many Decades Of Reform And Current Debate Around Juvenile Sentencing, Danielle Petretta 2017 Elisabeth Haub School of Law at Pace University

Juveniles Make Bad Decisions, But Are Not Adults & Law Continues To Account For This Difference: The Supreme Court’S Decision To Apply Miller V. Alabama Retroactively Will Have A Significant Impact On Many Decades Of Reform And Current Debate Around Juvenile Sentencing, Danielle Petretta

Pace Law Review

In January 2016, the Supreme Court made a monumental decision, reflecting the notion that juveniles are not adults. For years, courts have been grappling with the notion that juveniles are not adults. The Supreme Court has finally published an opinion that will have extreme implications on the juvenile justice system.

Part I of this Note will discuss the birth of the juvenile justice system. Part II of this Note will briefly introduce the recent oral argument heard before the Supreme Court regarding whether the Supreme Court will apply Miller v. Alabama retroactively or non-retroactively. Part III will discuss the history ...


Juvenile Lifers And Juveniles In Michigan Prisons: A Population Of Special Concern, Kimberly A. Thomas 2017 University of Michigan Law School

Juvenile Lifers And Juveniles In Michigan Prisons: A Population Of Special Concern, Kimberly A. Thomas

Articles

Prisoners serving life without parole for offenses they committed when they were juveniles have received much attention after the United States Supreme Court found in Miller v Alabama that mandatory life without parole for juveniles violated the Eighth Amendment and found that its Miller decision applied retroactively. Courts have begun the process of sentencing and resentencing these individuals, some of whom are still teens and some of whom have served 40 years or more in the Michigan Department of Corrections (MDOC). All told, not including new cases that come before the court, approximately 370 prisoners will receive individualized sentences under ...


The Triple-C Impact: Responding To Childhood Exposure To Crime And Violence, Michal Gilad 2017 University of Pennsylvania

The Triple-C Impact: Responding To Childhood Exposure To Crime And Violence, Michal Gilad

Faculty Scholarship

The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as a ...


You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz 2017 Penn State Law

You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz

Arbitration Law Review

No abstract provided.


The Effects Of Employment On Recidivism Among Delinquent Juveniles, Leigh Kassem 2017 East Tennessee State University

The Effects Of Employment On Recidivism Among Delinquent Juveniles, Leigh Kassem

Electronic Theses and Dissertations

Current research indicates an association between intense adolescent work (twenty hours or more per week) and delinquent behavior. It has been widely speculated that this relationship is spurious, occurring only as a result of other factors which are common to both offending and intense employment. The current study attempts to fill a gap in the literature by utilizing the Pathways to Desistance dataset to examine the evolution of the relationship between work and self-reported offending in a longitudinal sample of juvenile offenders. Work intensity and consistency, social capital, and expectations for success were analyzed as potential predictors of recidivism or ...


Parents’ Perceptions Of The Lancaster Family Treatment Drug Court, Leah Engquist, Melanie Fessinger, Katherine Hazen 2017 University of Nebraska - Lincoln

Parents’ Perceptions Of The Lancaster Family Treatment Drug Court, Leah Engquist, Melanie Fessinger, Katherine Hazen

UCARE Research Products

Juvenile dependency courts deal with cases that have allegations of child abuse or neglect by a parent or guardian. Lancaster's Family Treatment Drug Court (FTDC) is a problem-solving court that deals with cases of child abuse or neglect related to substance abuse. Parents on this track receive monthly team meetings, specialized services, and corrective measures. The research question of this evaluation was: "Do parents on the Family Treatment Drug Court perceive the court process more positively than parents who are not on the track (control)?" 144 parents completed an 11 item survey following their court hearings. Overall, both FTDC ...


From Jailbird To Jailbait: Age Of Consent Law And The Construction Of Teenage Sexualities, Kate Sutherland 2017 Selected Works

From Jailbird To Jailbait: Age Of Consent Law And The Construction Of Teenage Sexualities, Kate Sutherland

Kate Sutherland

No abstract provided.


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