Navigating A Potentially Changing Landscape In Child Welfare Appellate Review,
2022
Mercer University School of Law
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 of …
Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience,
2022
University of Cincinnati College of Law
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,
2022
University of Richmond School of Law
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,
2022
University of Minnesota Law School
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,
2022
Bars to Bridges/Multnomah Education Service District
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,
2022
Universitas Medan Area
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,
2022
Brooklyn Law School
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 and …
How To Improve Legal Representation Of Children In America's Child Welfare System,
2022
University of Michigan Law School
How To Improve Legal Representation Of Children In America's Child Welfare System, Donald Duquette
Law & Economics Working Papers
From 2009 to 2016 the University of Michigan Law School served as the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep). This article provides the final recommendations of this project. These recommendations have not yet been published in the academic literature. This article first summarizes the research findings of the QIC-ChildRep project. Then it sets out QIC-ChildRep recommendations for: 1) Training and supervision of lawyers; 2) State statutes and rules governing lawyers for children; 3) State organizational structure to support child representation; 4) Strategies for recruiting lawyers in this specialty; 5) Caseload size; …
Negotiations In Juvenile Dependency: Addressing Power, Race, And Class Inequities,
2022
University of California, Irvine School of Law
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,
2022
Northwestern Pritzker School of Law
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 sexual …
Csec Treatment Courts: An Opportunity For Positive, Trauma-Informed, And Therapeutic Systems Responses In Family And Juvenile Courts,
2022
Mitchell Hamline School of Law
Csec Treatment Courts: An Opportunity For Positive, Trauma-Informed, And Therapeutic Systems Responses In Family And Juvenile Courts, Emma Hetherington, Allison Dunnigan, Hannah Elias Sbaity
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
The Kids Aren’T Alright: The Road To Abandoning Deceptive Interrogation Techniques For Juvenile Suspects In Maryland,
2022
University of Maryland Francis King Carey School of Law
The Kids Aren’T Alright: The Road To Abandoning Deceptive Interrogation Techniques For Juvenile Suspects In Maryland, Allison Stillinghagan
Maryland Law Review
No abstract provided.
Set Up To Fail: Youth Probation Conditions As A Driver Of Incarceration,
2022
Golden Gate University School of Law
Set Up To Fail: Youth Probation Conditions As A Driver Of Incarceration, Jyoti Nanda
Publications
Youth probation is the most common form of punishment for youth in the United States criminal legal system, with nearly a quarter of a million youth currently under supervision. Yet the role youth probation conditions play in the incarceration of youth has not been the focus of legal scholarship. Youth probation is a court-imposed intervention where young people remain at home under the supervision of a youth probation officer and are required to adhere to probation conditions, rules, and court-ordered conditions. The orders rely on standardized terms on youth probation condition forms. This is the first scholarly Article to excavate …
“I Was Just A Kid”: Addressing The Collateral Consequences Of A Juvenile Record On Employment,
2022
Touro Law Center
“I Was Just A Kid”: Addressing The Collateral Consequences Of A Juvenile Record On Employment, Lauren Wray
Touro Law Review
There is a common myth that juvenile records are confidential, when in fact only nine states fully prohibit public access to juvenile records. Landlords, employers, and educators in a majority of states may ask questions about a juvenile’s record. Studies have shown that employers are less likely to hire an applicant who has a juvenile delinquency, and that many employers may not be able to differentiate between a juvenile and adult record. This Note reviews the intersectional flaws of the New York juvenile justice system and the New York labor laws. Specifically, it evaluates policies New York has implemented with …
Revitalizing The Youngberg V. Romeo Professional Judgment Standard To Require Trauma-Informed Care For Detained Children,
2022
University of Maryland Francis King Carey School of Law
Revitalizing The Youngberg V. Romeo Professional Judgment Standard To Require Trauma-Informed Care For Detained Children, Taylor C. Joseph
Maryland Law Review
No abstract provided.
A Failed Experiment: Conversion Therapy As Child Abuse,
2022
Roger Williams University
A Failed Experiment: Conversion Therapy As Child Abuse, Cory W. Lee
Roger Williams University Law Review
No abstract provided.
Codifying Flores: A Call To Congress To Protect Migrant Families From Deterrent Border Policies,
2022
Candidate for Juris Doctor, Roger Williams University School of Law, 2022
Codifying Flores: A Call To Congress To Protect Migrant Families From Deterrent Border Policies, Amanda V. Reis
Roger Williams University Law Review
No abstract provided.
A Critical Race Theory Approach To Children’S Rights,
2022
Southern Methodist University, Dedman School of Law
A Critical Race Theory Approach To Children’S Rights, Jessica Dixon Weaver
Faculty Journal Articles and Book Chapters
This Article uses critical race theory to analyze the impact of corporal punishment and physical child abuse on African American children’s rights in the United States. From an international perspective, the banning of corporal punishment is consistent with multidisciplinary research about the negative effects of physical discipline on children. However, throughout United States history, African American parenting oftentimes utilizes physical discipline to teach children strict compliance with authority in order to prevent deadly violence from being inflicted upon them by white people. Using critical race theory concepts, this Article illustrates how state endorsement of corporal punishment within the family and …
Rethinking Juvenile Rehabilitation: Presumptive Waiver And Alternative Sentencing In Indiana,
2022
Indiana University Maurer School of Law
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 in order …
Foreword,
2022
Seattle University School of Law