Juvenile Justice,
2021
University of Richmond
Juvenile Justice, Valerie Slater
University of Richmond Law Review
This Article serves as a review of recent juvenile justice law and legislative trends in Virginia. This Article will review both codified changes and relevant proposed legislation that did not pass the Legislature to more fully identify trends in juvenile justice. While this Article does not capture every proposed or codified change to Virginia juvenile justice law, it does identify and present the most significant changes and trends over the last two legislative sessions to the laws governing the entrance of youth into the criminal legal system, the treatment of Virginia’s youth directly involved in the criminal legal system, and …
Overcoming Obstacles To Reentry Panel,
2021
University of Tennessee College of Law
Overcoming Obstacles To Reentry Panel, Mackenzie Hobbs
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Rose Lecture,
2021
University of Tennessee College of Law
Rose Lecture, Mackenzie Hobbs
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Front Matter,
2021
University of Tennessee College of Law
Front Matter, Mackenzie Hobbs
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Roper’S Unfinished Business: A New Approach To Young Offender Death Penalty Eligibility,
2021
University at Buffalo School of Law
Roper’S Unfinished Business: A New Approach To Young Offender Death Penalty Eligibility, Nichole M. Austin
Buffalo Law Review
No abstract provided.
Maternity Rights: A Comparative View Of Mexico And The United States,
2021
Saint Mary's University of San Antonio
Maternity Rights: A Comparative View Of Mexico And The United States, Roberto Rosas
The Scholar: St. Mary's Law Review on Race and Social Justice
Women play a large role in the workplace and require additional protection during pregnancy, childbirth, and while raising children. This article compares how Mexico and the United States have approached the issue of maternity rights and benefits. First, Mexico provides eighty-four days of paid leave to mothers, while the United States provides unpaid leave for up to twelve weeks. Second, Mexico allows two thirty-minute breaks a day for breastfeeding, while the United States allows a reasonable amount of time per day to breastfeed. Third, Mexico provides childcare to most federal employees, while the United States provides daycares to a small …
The Constitutionalization Of Parole: Fulfilling The Promise Of Meaningful Review,
2021
University at Buffalo School of Law
The Constitutionalization Of Parole: Fulfilling The Promise Of Meaningful Review, Alexandra Harrington
Journal Articles
Almost 12,000 people in the United States are serving life sentences for crimes that occurred when they were children. For most of these people, a parole board will determine how long they will actually spend in prison. Recent Supreme Court decisions have endorsed parole as a mechanism to ensure that people who committed crimes as children are serving constitutionally proportionate sentences with a meaningful opportunity for release. Yet, in many states across the country, parole is an opaque process with few guarantees. Parole decisions are considered “acts of grace” often left to the unreviewable discretion of the parole board.
This …
Considering Rehabilitation Of Minors Sentenced In Juvenile Military Courts - Initial Proposals And Thoughts For The Future,
2021
Bar Ilan University Faculty of Law
Considering Rehabilitation Of Minors Sentenced In Juvenile Military Courts - Initial Proposals And Thoughts For The Future, Shai Farber, Sharon Rivlin Achai
Buffalo Human Rights Law Review
No abstract provided.
Strengths-Based Compassion As An Agent Of Change For Incarcerated Youth: Positive Psychology Interventions Proposed For Colorado's Division Of Youth Services,
2021
University of Pennsylvania
Strengths-Based Compassion As An Agent Of Change For Incarcerated Youth: Positive Psychology Interventions Proposed For Colorado's Division Of Youth Services, Rachel Olsen
Master of Applied Positive Psychology (MAPP) Capstone Projects
The youth corrections system is in need of reform. Emerging work from the field of positive criminology is working to shift the focus from retribution and risk management to strengths building and positive youth development. Research suggests, targeted strategies from positive psychology can provide youth with opportunities to counteract the potentially deleterious effects of incarceration, especially as adolescent neurobehavioral development offers a ripe opportunity for positive interventions that enhance wellbeing. Strengths-based compassion, the proposed positive intervention described within, uses mindfulness, character strengths, and the cultivation of compassion to improve self-regulation and self-discipline, increase self-esteem, improve social skills, and reduce recidivism. …
Reimagining Postmortem Conception,
2021
Pepperdine University
Reimagining Postmortem Conception, Kristine Knaplund
Georgia State University Law Review
Hundreds, likely thousands, of babies have been born years after a parent has died. Thousands more people have cryopreserved their sperm, ova, and embryos, or have requested that a loved one’s gametes be retrieved after death to produce still more such children. Twenty-three states have enacted statutes detailing how these postmortem conception children can inherit from their predeceased parents.
And yet, few of these children will be able to inherit. The statutes create a bewildering array of standards, with over a dozen definitions of consent, variations in signature and witnessing requirements, and hurdles imposed in one state but not another. …
Children Of The Government: Affording A Higher Education A Review Of The State Of Pennsylvania’S Recently Implemented Law That Grants Children Who “Age Out” Of The Foster Care Tuition And Fee Waivers At Every University In The State, Erin K. Cooper
Helms School of Government Undergraduate Law Review
No abstract provided.
Modernizing Capacity Doctrine,
2021
University of South Carolina School of Law
Modernizing Capacity Doctrine, Lisa V. Martin
Faculty Publications
Federal capacity doctrine—or the rules establishing whether and how children’s civil litigation proceeds—has largely remained the same for more than a century. It continues to presume that all children are incapable of directing their own cases, and that adults must litigate on children’s behalf. But since that time, our understanding of children, and of adolescents in particular, has significantly evolved. This Article contends that it is well beyond time to modernize the capacity doctrine to better account for the capabilities of adolescents and support their transition to adulthood.
“Some Mother’S Child Has Gone Astray”: Neuroscientific Approaches To A Therapeutic Jurisprudence Model Of Juvenile Sentencing,
2021
New York Law School
“Some Mother’S Child Has Gone Astray”: Neuroscientific Approaches To A Therapeutic Jurisprudence Model Of Juvenile Sentencing, Michael L. Perlin, Alison Lynch
Articles & Chapters
There is a robust body of evidence that tells us that the juvenile brain is not fully developed by age 18, and this evidence should and does raise important questions about the sentencing of juveniles in criminal cases. This evidence, though, must be considered in the context of public opinion (about certain juvenile crimes that have been subject to saturation publicity) in the context of judges’ decision-making (where such judges do not want to be perceived as “soft on crime”). The conflict between what we now know and what (false) “ordinary common sense” demands (in the way of enhanced punishments) …
Exploring The Criminal Justice System Through A Case Study Approach: Exploring The Intersections And Interventions Of The Juvenile Justice System Through A Case Study Approach,
2021
Portland State University
Exploring The Criminal Justice System Through A Case Study Approach: Exploring The Intersections And Interventions Of The Juvenile Justice System Through A Case Study Approach, Adriana Cordova-Perez
University Honors Theses
For my thesis, I used a case study approach to analyze what we can learn about the Criminal justice system by exploring the life history of a juvenile offender. Research data was collected through an interview with a juvenile offender. Secondary sources such as literature review will also be examined to better understand the juvenile justice system. The interview will have several questions to better understand the life of the juvenile prior to them becoming part of the criminal justice system and also the question about life while in the youth correctional facility. Through those questions, I hope to better …
Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing,
2021
University of Washington School of Law
Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing, Josh Gupta-Kagan
Washington Law Review
For more than 120 years, juvenile justice law has not substantively defined the core questions in most delinquency cases—when should the state prosecute children rather than divert them from the court system (the intake decision), and what should the state do with children once they are convicted (the sentencing decision)? Instead, the law has granted certain legal actors wide discretion over these decisions, namely prosecutors at intake and judges at sentencing. This Article identifies and analyzes an essential reform trend changing that reality: legislation, enacted in at least eight states in the 2010s, to limit when children can be prosecuted …
Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?,
2021
Harvard University FXB Center for Health and Human Rights
Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?, Roger-Claude Liwanga, Patrick Ibe
Georgia Journal of International & Comparative Law
There is an ongoing debate over the legality and effectiveness of the use of judicial waiver as a tool to fight violent crimes, including those committed by children in the United States. Judicial waiver or transfer of juveniles is a process by which child offenders are transferred from the juvenile court to adult criminal courts to be tried and sentenced as adult offenders. Despite the implicit recognition of the constitutionality of this practice by the United States Supreme Court, this paper contends that the transfer of child offenders to adult criminal courts violates key provisions of the Convention on the …
Web Of Incarceration: School-Based Probation,
2021
University of Nevada, Las Vegas -- William S. Boyd School of Law
Web Of Incarceration: School-Based Probation, Jyoti Nanda
Nevada Law Journal
No abstract provided.
Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing,
2021
University of South Carolina School of Law
Beyond “Children Are Different”: The Revolution In Juvenile Intake And Sentencing, Josh Gupta-Kagan
Faculty Publications
For more than 120 years, juvenile justice law has not substantively defined the core questions in most delinquency cases—when should the state prosecute children rather than divert them from the court system (the intake decision), and what should the state do with children once they are convicted (the sentencing decision)? Instead, the law has granted certain legal actors wide discretion over these decisions, namely prosecutors at intake and judges at sentencing. This Article identifies and analyzes an essential reform trend changing that reality: legislation, enacted in at least eight states in the 2010s, to limit when children can be prosecuted …
Deinstitutionalization, Family Reunification, And The "Best Interests Of The Child": An Examination Of Armenia's Child Protection Obligations Under Conventional International Law,
2021
Pace University
Deinstitutionalization, Family Reunification, And The "Best Interests Of The Child": An Examination Of Armenia's Child Protection Obligations Under Conventional International Law, George S. Yacoubian Jr., Esq.
Pace International Law Review
For nearly a century, the global community has sought to afford children legal protections, abandoning widely held views that children were pecuniary assets. In the United States and globally, a nascent children’s rights movement culminated in broad child welfare reform. Whether adoption, armed conflict, child labor, education, human trafficking, or deinstitutionalization, the post-war 20th century witnessed an evolution of international child protections. The prevailing standard of “best interests of the child” (BIC) has been incorporated into domestic and international law doctrine and, not surprisingly, has been operationalized in a variety of ways. In recent years, the standard has been explored …
Children Have Rights, Too: How The Thirteenth Amendment Can Protect America's Abused Youth,
2021
University of San Diego
Children Have Rights, Too: How The Thirteenth Amendment Can Protect America's Abused Youth, Francesca Lauta
Undergraduate Honors Theses
Three million children are abused every year in the United States. Although there are some safeguards, such as foster care and state child abuse laws, the number of abused children has not dwindled. How should the federal government respond? This article argues that the Thirteenth Amendment can be interpreted to protect abused children. It is widely accepted that the Thirteenth Amendment’s sole purpose is to abolish Black slavery, therefore rendering it useless in the modern legal climate. Nothing in the wording or context of the Amendment, however, suggests that it is limited to Black slavery. Interpreting the Amendment to encompass …