Appealing To Empathy: Counsel's Obligation To Present Mitigating Evidence For Juveniles In Adult Court, 2017 University of Maine School of Law
Appealing To Empathy: Counsel's Obligation To Present Mitigating Evidence For Juveniles In Adult Court, Beth Caldwell
Maine Law Review
Media representations of youth as “superpredators” and “monsters” fuel public fear of juvenile offenders. These depictions infiltrate public consciousness and promote widespread misconceptions about the prevalence of youth crime and the nature of juvenile delinquents. In public discourse, youth who break the law are characterized as hardened criminals who will continue to prey upon innocent victims unless they are incarcerated. However, a closer examination of the life stories of young people who commit serious crimes reveals histories characterized a lawyer’s job is to uncover these stories and to tell them in a compelling way. The effective presentation of mitigating ...
Pushing The Limits: Reining In Ohio's Residency Restrictions For Sex Offenders, 2017 Cleveland-Marshall College of Law
Pushing The Limits: Reining In Ohio's Residency Restrictions For Sex Offenders, Taurean J. Shattuck
Cleveland State Law Review
The danger to children posed by convicted sex offenders living near schools, parks, and bus stops has been greatly exaggerated by the media. In turn, many state legislatures have attempted to find solutions to this perceived problem, imposing sanctions that seem to keep the "problem" at bay. A relatively new approach prevents those convicted of sex crimes from living within a certain distance of places where children congregate. Ohio is one of the states that has adopted this approach. The problem with this approach, however, is that imposing such restrictions on all individuals convicted of certain crimes imposes barriers to ...
Inconsistencies In Combatting The Sex Trafficking Of Minors: Backpage’S Deceptive Business Practices Should Not Be Immune From State Law Claims, 2017 Seattle University School of Law
Inconsistencies In Combatting The Sex Trafficking Of Minors: Backpage’S Deceptive Business Practices Should Not Be Immune From State Law Claims, Jacqueline Hackler
Seattle University Law Review
Under federal law, the CDA has created a loophole for pimps and johns to exploit minors through the Internet. This Note uses Backpage as an example of how interactive computer services consistently evade liability under the current language of the CDA, and examines the need for an amendment to the language of the CDA. This Note argues that an interactive computer service should be held responsible under state law if it helps create the content, thus becoming an “information content provider” under the CDA. Part I provides the groundwork for what sex trafficking is and its relationship to prostitution. Additionally ...
The Role Of Law In Educational Decision Making, 2017 Selected Works
The Role Of Law In Educational Decision Making, John H. Vanderzell, Donald W. Dowd, Matthew W. Finkin, Mark R. Shedd
Donald W. Dowd
No abstract provided.
A.J. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 28 (June 1, 2017), 2017 Nevada Law Journal
A.J. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 28 (June 1, 2017), Briana Martinez
Nevada Supreme Court Summaries
NRS 62C.240 is triggered when circumstances surrounding a juvenile’s arrest plainly demonstrate that the juvenile was arrested for prostitution or solicitation even if the juvenile is charged with offenses other than prostitution or solicitation.
A Guide To Juvenile Appellate Practice In Maine, 2017 University of Maine School of Law
A Guide To Juvenile Appellate Practice In Maine, University Of Maine School Of Law
Juvenile Justice Clinic
In Maine, juvenile appeals are governed by the Maine Juvenile Code and the Maine Rules of Appellate Procedure. The Juvenile Code broadly dictates the types of rulings that a juvenile may appeal, and the Appellate Rules set out the details of how the appeal must proceed in the Law Court.
The Juvenile Code divides appealable rulings into five categories: adjudications, dispositions, detention orders, orders of deferred disposition, and bind-over orders. An adjudication is appealable to the Law Court by right, as long as the appeal is taken after an order of disposition. An order of disposition or any ...
The New Unconstitutionality Of Juvenile Sex Offender Registration: Suspending The Presumption Of Constitutionality For Laws That Burden Juvenile Offenders, 2017 University of Michigan Law School
The New Unconstitutionality Of Juvenile Sex Offender Registration: Suspending The Presumption Of Constitutionality For Laws That Burden Juvenile Offenders, Spencer Klein
Michigan Law Review
In Smith v. Doe, the Supreme Court held that Alaska’s sex offender registration and notification statute did not constitute punishment and was therefore not susceptible to challenge under the Ex Post Facto Clause. In reaching that conclusion, the Court looked to the seven factors articulated in Kennedy v. Mendoza-Martinez. To evaluate those factors, the Court applied a presumption of constitutionality, conducting the sort of narrow factual inquiry characteristic of rational basis review. Since Smith, courts have disagreed as to whether sex offender laws are punitive when applied to juveniles, and the Supreme Court has not yet addressed the issue ...
In Re D.T., 133 Nev. Adv. Op. 23 (May 25, 2017), 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law
In Re D.T., 133 Nev. Adv. Op. 23 (May 25, 2017), Karson Bright
Nevada Supreme Court Summaries
The Nevada Supreme Court held that the juvenile court properly certified a juvenile as an adult because the seriousness of his offense and his prior adjudications outweighed the subjective factors in Seven Minors. Additionally, the Court held that a court’s certification of cognitively impaired juveniles for adult proceedings does not offend the Eighth Amendment.
Truth Or Dare: A Framework For Analyzing Credibility In Children Seeking Asylum, 2017 Cornell Law School
Truth Or Dare: A Framework For Analyzing Credibility In Children Seeking Asylum, Karen Smeda
Cornell Law Library Prize for Exemplary Student Research Papers
U.S. border agents detained at least 52,000 unaccompanied minors from only four Central American countries—Mexico, Guatemala, El Salvador, and Honduras—in 2014, while 95,000 unaccompanied children sought asylum in Europe in 2015.Given the ongoing turmoil in various parts of the world, these numbers will likely rise. Children are narrowly escaping their native countries. With little help available from legal counsel and little time to gather supporting evidence, more children are relying on the gamble of a positive credibility assessment in an asylum application.
The stakes are high—either a new life in the United States ...
Kids Will Be Kids: Time For A "Reasonable Child" Standard For The Proof Of Objective Mens Rea Elements, 2017 University of Maine School of Law
Kids Will Be Kids: Time For A "Reasonable Child" Standard For The Proof Of Objective Mens Rea Elements, Christopher M. Northrop, Kristina R. Rozan
Maine Law Review
In a line of recent cases that have rocked the world of juvenile law, the Supreme Court relied on the latest brain science research with the timeless knowledge of parents to state forcefully and repeatedly that children are more impetuous, more vulnerable to outside pressures, less depraved, and less culpable for their actions than adults are. Yet criminal statutes refer to the “reasonable person” standard, which does not take into account the age of the accused as the benchmark for guilt or innocence. In doing so, we hold children to an irrelevant and arguably unfairly demanding behavioral ideal, and criminalize ...
Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, 2017 Lincoln Memorial University Duncan School of Law
Agree To Disagree: Moving Tennessee Toward Pure No-Fault Divorce, Evan Wright
Lincoln Memorial University Law Review
This Note addresses Tennessee's no-fault divorce statute. Currently, married couples are forced to either agree on all issues or prove at least one fault ground. This author contends that the current law imposes an unnecessary burden on litigants, which wastes precious resources that Tennessee families could use for more productive purposes. Moreover, pure no-fault states have not seen a disproportionate rise in divorce rates. Last, pure no-fault divorce better reflects current societal trends and the evolving effect of religious affiliation on how a younger generation defines morality.
“Hurdling” Gender Identity Discrimination: The Implications Of State Participation Policies On Transgender Youth Athletes’ Ability To Thrive, Kayla L. Acklin
Boston College Journal of Law & Social Justice
The number of students, in grades kindergarten through high school, who identify as transgender has steadily increased during the last decade. These students seek the same opportunities as their cisgender peers, but are often denied participation in athletic activities because of their non-conforming gender-behavior. Currently, there is no federal law governing transgender participation in sports, which has resulted in an inconsistency among state athletic associations’ participation policies; the vast majority of states restricts participation. These states are limiting transgender students’ ability to receive the benefits that sports provide. To solve this inconsistency and provide equal opportunity for transgender students, this ...
O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, 2017 Boston College Law School
O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, Heekyoung Lee
Boston College International and Comparative Law Review
Ireland’s unique primary education system creates a national school system that is denominational, yet state-financed. The Irish government defers managerial duties to the Catholic Church, and this deference of duties relieves Ireland from liability. As a result, students in Ireland attending primary schools historically were not guaranteed legal protection from sexual assaults committed by faculty members. On January 28, 2014, the Grand Chamber of the European Court of Human Rights held in O’Keeffe v. Ireland that despite Ireland’s delegation of authority to religious denominations, the State was obligated to protect students from sexual assaults. The court reasoned ...
Systemic Governmental Recalcitrance In Regulating Confidentiality Under The Child Abuse, Prevention & Treatment Act (Capta): A Case Study, William Wesley Patton
Journal of Legislation
In 2003, Congress amended the Child Abuse, Prevention and Treatment Act (CAPTA) to provide states with more flexibility in designing open child dependency hearings. The Federal Children’s Bureau has interpreted those amendments as a congressional waiver of CAPTA confidentiality in open court proceedings, and there-fore, currently tens of millions of abused and neglected children no longer have federal protection from being re-traumatized by disclosure of confidential CAPTA child welfare case information. This article demonstrates that the Children’s Bureau’s statutory interpretation is inconsistent with congressional intent and that states are still mandated to reasonably prevent the republication of ...
The Racialization Of Juvenile Justice And The Role Of The Defense Attorney, 2017 Yale Law School
The Racialization Of Juvenile Justice And The Role Of The Defense Attorney, Tamar R. Birckhead
Boston College Law Review
The existence of structural racism is not new. In fact, as the second decade of the twenty-first century comes to a close, there is evidence of a national political openness to acknowledging the phenomenon. This Article seizes upon this openness as it seeks to provide a fuller understanding of how structural racism operates within a branch of the criminal justice system that is often overlooked—the juvenile justice system. The Article offers a definition of racialization that acknowledges its multi-dimensional and fluid nature and the ways it is perpetuated via juvenile court rhetoric, processing, and procedure. It demonstrates how the ...
The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, 2017 Cornell Law School
The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman
Cornell Law Faculty Publications
Capital punishment in this country, and in South Carolina, has its roots in racial subjugation, stereotype, and animosity. The extreme disparities we report here have dampened due to the combined effects of decreasing levels of open racial antagonism, the reforms of the modem death penalty, including categorical exemptions for juveniles and person with intellectual disabilities and prohibition of the imposition of the death penalty for the crime of rape, and the (small) increase in diversity in capital juries. But dampened does not mean eradicated. Significant disparities in the administration of capital punishment persist today. The color of a defendant's ...
Handcuffing A Third Grader? Interactions Between School Resource Officers And Students With Disabilities, 2017 University of Akron School of Law
Handcuffing A Third Grader? Interactions Between School Resource Officers And Students With Disabilities, Elizabeth A. Shaver, Janet R. Decker
Utah Law Review
The expansion of police involvement at schools has had serious implications for students with disabilities. By enacting IDEA, Congress recognized that these students deserve special protections and entitlements. In the most recent amendments to this federal law, Congress included important guidelines regarding functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) to outline how school personnel must respond to undesired behavior of students with disabilities. Recognizing the special behavioral needs of students with disabilities is one way to reduce the current reality where students with disabilities are suspended, expelled, restrained, and secluded at much higher rates than their peers.
Noncitizen Youth In The Juvenile Justice System: The Serious Consequences Of Failed Confidentiality By Ice Referral, 2017 Brigham Young University Law School
Noncitizen Youth In The Juvenile Justice System: The Serious Consequences Of Failed Confidentiality By Ice Referral, Erin Mower Adams
BYU Law Review
No abstract provided.
The Murder Of Black Males In A World Of Non-Accountability: The Surreal Trial Of George Zimmerman For The Killing Of Trayvon Martin, Mark S. Brodin
Mark S. Brodin
A critique of the "prosecution" of George Zimmerman for the murder of Trayvon Martin, concluding that the effort was botched from the beginning, tragically missing an early opportunity to hold killers of unarmed black youth accountable.
Good, Bad And Wrongful Juvenile Sex: Rethinking The Use Of Statutory Rape Laws Against The Protected Class, 2017 Loyola Unversity of Chicago
Good, Bad And Wrongful Juvenile Sex: Rethinking The Use Of Statutory Rape Laws Against The Protected Class, Anna High
Arkansas Law Review
This article considers the question of whether statutory rape laws can and should be used against members of the class they were designed to protect. Many commentators have argued that meaningfully consensual sex among similarly situated and sufficiently mature teenagers should be beyond the scope of strict liability rape laws, but the question becomes more fraught in the context of the “contested outer limits” of adolescent sexuality—sexual contact among children and adolescents that offends social norms, leads to harmful outcomes or appears to be exploitative. What are the implications of using statutory rape laws against minors to target “bad ...