Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, Samuel Vincent Jones
Nevada Law Journal
No abstract provided.
Child Protection Bench Cards For Idaho Judges,
2018
University of Idaho College of Law
Child Protection Bench Cards For Idaho Judges, Elizabeth Brandt
Books
Summaries of child protection laws to assist Idaho judges. Covers numerous topics: aggravated circumstances determination, adjudicatory hearing, adoption - CPA related, advisement of rights, amended disposition hearing, case plan hearing, ICWA, ICPC, permanency hearing - no aggravated circumstances, permanency hearing - aggravated circumstances, psychotropic medications for children in care, review hearings, Rule 16 expansion for CP judges, Rule 16 expansion for juvenile judges, shelter care hearing, termination of parental rights, transition to successful adulthood, trauma informed judge.
The Implementation Of The Family Chaos Diversion Pilot In Worcester, Massachusetts,
2018
Clark University
The Implementation Of The Family Chaos Diversion Pilot In Worcester, Massachusetts, Nina Thacker
International Development, Community and Environment (IDCE)
In October 2017, the city of Worcester began a three-month pilot program that worked to divert youth charged with domestic assault and battery crimes away from the criminal justice system and towards restorative services. Studies show that incapacitation, especially of low level offenders, does not reduce crime or produce better outcomes for individuals, families, or communities. Thus, it is essential to explore alternatives, such as diversion programs, that work to downsize the prison population, target the factors contributing to delinquency, and rehabilitate rather than purely punish offenders. For this study, I interviewed personnel involved in the implementation of the Family ...
Top-Down Or From The Ground?: A Practical Perspective On Reforming The Field Of Children And The Law,
2018
Boston College Law School
Top-Down Or From The Ground?: A Practical Perspective On Reforming The Field Of Children And The Law, Cheryl Bratt
Boston College Law School Faculty Papers
Children get a raw deal in this country at the federal, state, and family levels. The law indisputably treats children in many limiting and paternalistic ways, typically designating them as objects to be controlled either by their parents or the government—two parties perpetually duking it out for authority. In their article, The New Law of the Child, 127 Yale L. J. 1448 (2018), Anne C. Dailey and Laura A. Rosenbury envision overhauling constitutional law to better promote children’s broader interests. Theirs is thus a top-down approach to change: by extending the Constitution to safeguard more robust rights for ...
A Case For Revisiting The Child Welfare Act,
2018
Boston College Law School
A Case For Revisiting The Child Welfare Act, Hannah Dudley
Boston College Law Review
In 2017, in D.O. v. Glisson, the U.S. Circuit Court of Appeals for the Sixth Circuit held that the Child Welfare Act of 1980 (the “Act”) creates a privately enforceable right to foster care maintenance payments and that this right could be enforced by an individual through the use of § 1983. In a similar case, Midwest Foster Care and Adoption Ass’n v. Kincade, the Eighth Circuit held that the Act does not create a privately enforceable right and thus, could not be enforced through the use of 42 U.S.C. § 1983. This Comment argues that the ...
Home Sweet Home? Determining Habitual Residence Within The Meaning Of The Hague Convention,
2018
Boston College Law School
Home Sweet Home? Determining Habitual Residence Within The Meaning Of The Hague Convention, Morgan Mcdonald
Boston College Law Review
In becoming a signatory to The Hague Convention on International Child Abduction, the United States agreed to expeditiously return all internationally abducted children to the country of their habitual residence, such that that nation may determine the merits of any underlying custody disputes. The Convention failed, however, to instruct American courts as to how to determine a child’s habitual residence. This has resulted in a split among circuits as to whether habitual residence should be determined using objective evidence of the child’s perspective, subjective evidence of parental intent, or some combination. In 2017, the Eighth Circuit held in ...
Reyes V. Lewis: A Missed Opportunity For Minors And Miranda,
2018
Golden Gate University School of Law
Reyes V. Lewis: A Missed Opportunity For Minors And Miranda, Jessica Bennett
Golden Gate University Law Review
The controversial debate—whether minors understand the complexity of Miranda rights—has prevented lawmakers from producing laws that assist minors in comprehending these warnings. As a protected class, minors should be provided with extra counseling if they are faced with criminal charges in order to save judicial resources and help keep innocent minors out of the criminal justice system. A law mandating that minors consult with a pro tem attorney prior to questioning could reduce the number of cases awaiting adjudication, relieve the court of having to investigate whether the minor was coerced, threatened, intimidated, tricked, or falsely promised, and ...
The Effects Of Implicit Encouragement And The Putative Confession On Children's Memory Reports,
2018
Vanderbilt University
The Effects Of Implicit Encouragement And The Putative Confession On Children's Memory Reports, Kyndra C. Cleveland, J A. Quas, Thomas D. Lyon
University of Southern California Legal Studies Working Paper Series
The current study tested the effects of two interview techniques on children's report productivity and accuracy following exposure to suggestion: implicit encouragement (backchanneling, use of children's names) and the putative confession (telling children that a suspect "told me everything that happened and wants you to tell the truth"). One hundred and forty-three, 3-8-year-old children participated in a classroom event. One week later, they took part in a highly suggestive conversation about the event and then a mock forensic interview in which the two techniques were experimentally manipulated. Greater use of implicit encouragement led to increases, with age, in ...
Reimagining The Scope Of Children’S Legal Protection During Armed Conflicts Under International Humanitarian Law And International Criminal Law,
2018
Western University
Reimagining The Scope Of Children’S Legal Protection During Armed Conflicts Under International Humanitarian Law And International Criminal Law, Anaise Muzima
Western Journal of Legal Studies
This paper calls for a clarification of the law and a re-evaluation of the status of children who are participating in hostilities by highlighting that any fruitful debate on child soldiers needs to go beyond the binary and limited discussion on whether such children are merely victims or perpetrators. The author focuses on the principles defined by International Humanitarian Law and International Criminal Law as to the distinction between “direct” and “active” participation to hostilities and argues that such distinction is ambiguous and inapplicable to the specific context of child soldiering. This paper concludes by emphasizing the necessity to reimagine ...
The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior,
2018
Nova Southeastern University, Shepard Broad College of Law
The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan
Elena B. Langan
This article discusses how rebranding principles, already being used to alter social behavior in other non-consumer contexts, could be utilized to accomplish the legislative goal to reduce litigation as well as diminish animosity in custody cases. Part II of this article discusses the impetus for a transformation in the way parents view custody disputes. Part III discusses basic branding principles and how companies establish a brand and can successfully change their branding. Part IV explores the evolution of the current custody brand, identifies eight states that have eliminated “custody” and, in some cases, “visitation” from their vernacular, and discusses, in ...
There Is No Such Thing As A Child Prostitute: Why Decriminalization Is Only The First Step In California,
2018
Pepperdine University
There Is No Such Thing As A Child Prostitute: Why Decriminalization Is Only The First Step In California, Edrina Nazaradeh
Pepperdine Law Review
Prostituted minors are victims of the deceitful schemes of pimps, traffickers, and Johns. While there is widespread agreement that these minors are victims, states have taken different approaches to addressing this heinous crime. Generally, states either prosecute prostituted minors or adopt Safe Harbor laws that grant prostituted minors immunity from prosecution. California joined the majority of states when it passed Senate Bill 1322. Effective January 1, 2017, this bill amended California’s Penal Code to grant children under eighteen years of age immunity from prosecution for prostitution. This Comment argues that Senate Bill 1322 properly amended California law by aligning ...
Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversastions,
2018
Arizona State University
Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversastions, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
University of Southern California Legal Studies Working Paper Series
Children’s potential confusion between “ask” and “tell” can lead to misunderstandings when child witnesses are asked to report prior conversations. The verbs distinguish both between interrogating and informing and between requesting and commanding. Children’s understanding was examined using both field (i.e., Study 1) and laboratory (i.e., Studies 2-4) methods. Study 1 examined 100 5- to 12-year-olds’ trial testimony in child sexual abuse cases, and found that potentially ambiguous use of ask and tell was common, typically found in yes/no questions that elicited unelaborated answers, and virtually never clarified by attorneys or child witnesses. Studies 2-4 ...
Hb 359 - Power Of Attorney,
2018
Georgia State University College of Law
Hb 359 - Power Of Attorney, Roma A. Amin, Catherine V. Schutz
Georgia State University Law Review
The bill would have repealed and replaced Georgia’s Power of Attorney for the Care of a Minor Child Act. The category of people who could be given power of attorney for the care of a minor child would have expanded from only grandparents and great-grandparents to a broad category of the child’s relatives, and anyone associated with a non-profit organization focused on child or family services or a licensed child-placing agency.
Peeling Back The Student Privacy Pledge,
2018
Duke Law
Peeling Back The Student Privacy Pledge, Alexi Pfeffer-Gillett
Duke Law & Technology Review
Education software is a multi-billion dollar industry that is rapidly growing. The federal government has encouraged this growth through a series of initiatives that reward schools for tracking and aggregating student data. Amid this increasingly digitized education landscape, parents and educators have begun to raise concerns about the scope and security of student data collection. Industry players, rather than policymakers, have so far led efforts to protect student data. Central to these efforts is the Student Privacy Pledge, a set of standards that providers of digital education services have voluntarily adopted. By many accounts, the Pledge has been a success ...
30 Tips For Excellence In Juvenile Defense,
2018
University of Richmond
30 Tips For Excellence In Juvenile Defense, Julie Ellen Mcconnell
Law Faculty Publications
This article for the Virginia Association of Criminal Defense Lawyers newsletter provides advice on representing juvenile clients.
A More Just System Of Juvenile Justice: Creating A New Standard Of Accountability For Juveniles In Illinois,
2018
Northwestern Pritzker School of Law
A More Just System Of Juvenile Justice: Creating A New Standard Of Accountability For Juveniles In Illinois, Brooke Troutman
Journal of Criminal Law and Criminology
For over a century, America’s legal system has made substantial reforms to change its treatment of adolescents. Every day, we see that our legal system treats adolescents differently from their adult counterparts. With regards to driving privileges, voting rights, and the ability to drink, our laws recognize that adults and adolescents are different and therefore require a different set of standards. America extended this treatment to the realm of juvenile justice in 1899, when Cook County, Illinois, created the country’s first juvenile court. Originating in this court was the overarching purpose of America’s juvenile justice system—rehabilitation ...
Virtual Shackles: Electronic Surveillance And The Adultification Of Juvenile Courts,
2018
Northwestern Pritzker School of Law
Virtual Shackles: Electronic Surveillance And The Adultification Of Juvenile Courts, Chaz Arnett
Journal of Criminal Law and Criminology
In recent years, there has been a groundswell of attention directed at problems within the American criminal justice system, led in part by Michelle Alexander’s groundbreaking book, The New Jim Crow, and most recently through the efforts of the Black Lives Matter movement. This increased focus on the harms of over-incarceration and net-widening, has had the benefit of introducing to the public other practices utilized in the criminal justice system, such as the widespread use of ankle monitors to track the location of defendants and released offenders. Yet, despite this greater attention, legal scholarship has only recently begun to ...
Deterrence,
2018
University of Houston Law Center
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates,
2018
St. Mary's University School of Law
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
St. Mary's Law Journal
Abstract forthcoming
Paying The Price: Eliminating Life Without Parole Sentences For Juveniles In Rhode Island,
2018
J.D. Candidate, 2019, Roger Williams University School of Law
Paying The Price: Eliminating Life Without Parole Sentences For Juveniles In Rhode Island, Mackenzie Mcburney
Roger Williams University Law Review
No abstract provided.
