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Juvenile Law Commons

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The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey 2010 Harvard Law School

The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey

Federal Communications Law Journal

Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.


Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith 2010 Indiana University Maurer School of Law

Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith

Federal Communications Law Journal

The advent of new technologies such as social media websites like MySpace and Facebook have increased the methods through which bullying takes form and causes harm to children and teenagers. As the public has become more aware of the dangers of this new form of bullying, cyberbullying, legislators have responded by proposing legislation to criminalize this type of behavior with varying degrees of success. This Note explains the problem of cyberbullying and evaluates state and federal legislative efforts to combat the issue through criminalization, then argues that prevention through education will be the most effective solution. Unlike criminalization, educational initiatives ...


When Juveniles Face Questioning, Tamar R. Birckhead 2010 University of North Carolina at Chapel Hill

When Juveniles Face Questioning, Tamar R. Birckhead

Tamar R Birckhead

This op-ed argues that the age of a suspect should be considered when evaluating whether the questioning was custodial, thereby triggering the right to Miranda warnings.


Juvenile Law, Kenneth Hecht 2010 Golden Gate University School of Law

Juvenile Law, Kenneth Hecht

Cal Law Trends and Developments

Review of the 1969 decisions in juvenile law reveals that the courts in California, as elsewhere, have been traumatized by the recent transplant of constitutional due process into the formerly barren soil of the juvenile code. For sixty years, children in most American jurisdictions were hidden from constitutional view. The fiction persisted that they were not tried but treated. If a child carne to the attention of the juvenile court, he did so because his parents had failed to fulfill their function. The court succeeded to their role and, in the name of parens patriae, exercised only the power it ...


"Minute And Separate": Considering The Admissibility Of Videotaped Forensic Interviews In Child Sexual Abuse Cases After Crawford And Davis, Kimberly Y. Chin 2010 Boston College Law School

"Minute And Separate": Considering The Admissibility Of Videotaped Forensic Interviews In Child Sexual Abuse Cases After Crawford And Davis, Kimberly Y. Chin

Boston College Third World Law Journal

Child sexual abuse is one of the least prosecuted crimes in the United States in part because of the many evidentiary challenges prosecutors face. In 2004, the Supreme Court introduced a new standard for determining the admissibility of out-of-court statements made by declarants who are unavailable to testify at trial. In Crawford v. Washington, the Supreme Court held that testimonial statements are only admissible at trial if the declarant is unavailable to testify and there was a prior opportunity for cross-examination. This Note will examine Crawford’s impact on the admissibility of videotaped forensic interviews with child victims of sexual ...


The Early Bird Gets The Worm: A Proposal To Develop Early Intervention Shelters Throughout Massachusetts, Leah Rabinowitz 2010 Boston College Law School

The Early Bird Gets The Worm: A Proposal To Develop Early Intervention Shelters Throughout Massachusetts, Leah Rabinowitz

Boston College Third World Law Journal

This Note argues that Massachusetts should create early intervention shelters to aid potential status offenders and other troubled teenagers. The current juvenile justice system deserves critique because it is too reactive and focused on problem-free outcomes such as staying arrestfree, rather than developmental outcomes such as emotional maturity. This Note explores the short-term and long-term benefits of early intervention shelters and suggests that the shelters would be a helpful solution to the problem. Massachusetts should follow the model of other states and enact legislation to create and maintain early intervention shelters on a statewide scale. Such legislation would be attentive ...


Award Recipient, Germaine Lawrence Women Of Excellence, Francine Sherman 2010 Boston College Law School

Award Recipient, Germaine Lawrence Women Of Excellence, Francine Sherman

Francine T. Sherman

No abstract provided.


Turning Troubled Teens Into Career Criminals: Can California Reform The System To Rehabilitate Its Youth Offenders?, Anna L. Benvenue 2010 Golden Gate University School of Law

Turning Troubled Teens Into Career Criminals: Can California Reform The System To Rehabilitate Its Youth Offenders?, Anna L. Benvenue

Golden Gate University Law Review

This Comment proposes a statute mandating institutional reform of California's juvenile system, a necessary legislative step toward enabling the CY A to fulfill its statutory mission and judicial mandate. Changes originally proposed in California S.B. 609 are the first steps on the way to making rehabilitation a reality in the CYA. The approaches found in that bill, along with those found in other legislation, will enable the CYA to comply with its legislative mandate and with the Farrell consent decree.


Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Jaros 2010 University of Baltimore School of Law

Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Jaros

All Faculty Scholarship

The last two decades have witnessed an astonishing increase in the use of the criminal justice system to police neglectful parents. Recasting traditional allegations of neglect as criminal charges of endangering the welfare of a child, prosecutors and the police have involved criminal courts in the regulation of aspects of the parent child relationship that were once the sole province of family courts. This Article explores the legal implications of vesting judges in these cases with the unfettered discretion to issue protective orders that criminalize contact between a parent and her child. I argue that procedures for issuing protective orders ...


Towards A New Lens Of Analysis: The History And Future Of Religioius Exemptions To Child Neglect Statutes, Gregory Engle 2010 University of Richmond

Towards A New Lens Of Analysis: The History And Future Of Religioius Exemptions To Child Neglect Statutes, Gregory Engle

Law Student Publications

In order to analyze the religious exemptions, this paper will begin with their history. Part II looks at the Child Abuse Prevention and Treatment Act of 1974 (CAPTA) the statute that precipitated their spread, as well as the justifications that it was bolstered upon: Free Exercise of religion and parental rights. The Equal Protection critique follows as Part III, followed by Part IV that discusses the traditional critique, grounded in the Establishment Clause. In Part V, the article will finish with an explanation of why the Equal Protection critique is a much stronger criticism.


Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier 2010 University of Richmond

Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier

Law Student Publications

This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-to-teen sexting.


A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray 2010 University of Maryland School of Law

A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray

Faculty Scholarship

In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison without the possibility of release for nonhomicide crimes if the perpetrator was under the age of eighteen at the time of his offense. In so holding, Justice Kennedy cited foreign and international law to confirm the Court’s independent judgment. In his dissent, Justice Thomas recited now-familiar objections to the Court’s reliance on these sources. Those objections are grounded in his originalist jurisprudence. In this short invited essay, which expands on prior work, we argue that Justice Thomas should ...


Where Are The Parents? Parental Criminal Responsibility For The Acts Of Children, Lisa Lockwood 2010 Golden Gate University School of Law

Where Are The Parents? Parental Criminal Responsibility For The Acts Of Children, Lisa Lockwood

Golden Gate University Law Review

This Comment will examine the legal possibility of imposing parental criminal liability for the crimes committed by the direct acts of their children. Part II of this article will describe the elements required to impose criminal liability, specifically for the convictions of involuntary manslaughter and murder by depraved indifference. These elements are then juxtaposed against those required in civil tort law, which are substantially similar and therefore must apply to hold parents responsible for the deaths of third parties. Next, because parental criminal liability cases have not yet occurred, Part III will investigate cases in which the elements required for ...


From Playpens To Prisons: What The Gang Violence And Juvenile Crime Prevention Act Of 1998 Does To California's Juvenile Justice System And Reasons To Repeal It, Sara Raymond 2010 Golden Gate University School of Law

From Playpens To Prisons: What The Gang Violence And Juvenile Crime Prevention Act Of 1998 Does To California's Juvenile Justice System And Reasons To Repeal It, Sara Raymond

Golden Gate University Law Review

This comment will explore the most significant changes that the Gang Violence and Juvenile Crime Prevention Act (GVJCPA) made to California's juvenile justice system. It will also discuss and propose alternative methods to curb juvenile crime. Part II will examine the juvenile justice system, including the context in which it was created, and juvenile crime across the country. It will then discuss how courts, legislatures, and local governments have confronted the changing nature of juvenile crime, focusing on efforts in California. Part II will also include an introduction to the GVJCPA. Part III will discuss the most important changes ...


Just Another Kid With A Gun? United States V. Michael R.: Reviewing The Youth Handgun Safety Act Under The United States V. Lopez Commerce Clause Analysis, Steven Rosenberg 2010 Golden Gate University School of Law

Just Another Kid With A Gun? United States V. Michael R.: Reviewing The Youth Handgun Safety Act Under The United States V. Lopez Commerce Clause Analysis, Steven Rosenberg

Golden Gate University Law Review

The Lopez decision prompted many defendants, charged under a wide variety of federal statutes, to attack those statutes as unconstitutional under the new "commercial activity" test. The United States Court of Appeals for the Ninth Circuit addressed one such challenge in United States v. Michael R. Section II of this note discusses Michael R.'s facts and procedural history. Section III outlines the history of Commerce Clause jurisprudence, with an emphasis on the recent change in the Supreme Court's review of Congress' use of the commerce power under Lopez. In addition, Section III details the legislative history of the ...


Judicial Discretion Is Insufficient: Minors' Due Process Right To Participate With Counsel When Divorce Custody Disputes Involve Allegations Of Child Abuse, David Peterson 2010 Golden Gate University School of Law

Judicial Discretion Is Insufficient: Minors' Due Process Right To Participate With Counsel When Divorce Custody Disputes Involve Allegations Of Child Abuse, David Peterson

Golden Gate University Law Review

This comment will illustrate how allegations of child abuse in a divorce custody dispute dramatically alter the presumption that the child's interests are well represented. Therefore, appointment of counsel for the child becomes necessary. The author first summarizes current state laws which address this issue and discusses the factors which cause discretionary appointment to fail. Next, the author demonstrates the trend of appellate court decisions and state laws toward mandatory appointment of counsel when abuse is alleged. The author then argues that mandatory appointment is necessitated by due process balancing of the child's and the government's interest ...


Williams V. Garcetti: The Constitutionality Of Holding Parents Criminally Liable For The Acts Of Their Children, Catherine Clements 2010 Golden Gate University School of Law

Williams V. Garcetti: The Constitutionality Of Holding Parents Criminally Liable For The Acts Of Their Children, Catherine Clements

Golden Gate University Law Review

This summary will examine California's effort to curb youth violence through the amendment of Penal Code section 272.10 California Penal Code section 272 prohibits adults from contributing to the delinquency of a minor. The amended portion of Penal Code section 272 mandates parents be held criminally liable for failing to take reasonable care to protect and control their children.


In Re Tyrell J.: Children And Their Reasonable Expectations Of Privacy, Shelley Davis 2010 Golden Gate University School of Law

In Re Tyrell J.: Children And Their Reasonable Expectations Of Privacy, Shelley Davis

Golden Gate University Law Review

In re Tyrell J. examines the parameters of warrantless searches of juvenile probationers. In Tyrell, the California Supreme Court limited the use of the exclusionary rule as applied to unconstitutional searches. This note will discuss the history of the exclusionary rule and the probation search exceptions. The note will then examine the court's reasoning in Tyrell. The note will conclude by contending that the Tyrell majority disregarded the constitutional protections afforded adult citizens, and in effect reinterpreted the United States Supreme Court's "reasonableness standards."


Spare The Rod, Spoil The Child? A Legal Framework For Recent Corporal Punishment Proposals, Scott Bloom 2010 Golden Gate University School of Law

Spare The Rod, Spoil The Child? A Legal Framework For Recent Corporal Punishment Proposals, Scott Bloom

Golden Gate University Law Review

This comment will highlight some of the legal concerns raised by legislative proposals advocating the introduction of corporal punishment into the American juvenile court. The comment will begin by reviewing the historical use of corporal punishment, contrasting the decline of corporal punishment in the criminal justice system with its continued use in the school system. Although the United States Supreme Court has held that school children are not entitled to the protection of the Eighth Amendment when they are paddled, the comment will contend that ordering juvenile offenders to corporal punishment must be subject to review under the Eighth and ...


A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray 2010 University of Maryland School of Law

A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray

David C. Gray

In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison without the possibility of release for nonhomicide crimes if the perpetrator was under the age of eighteen at the time of his offense. In so holding, Justice Kennedy cited foreign and international law to confirm the Court’s independent judgment. In his dissent, Justice Thomas recited now-familiar objections to the Court’s reliance on these sources. Those objections are grounded in his originalist jurisprudence. In this short invited essay, which expands on prior work, we argue that Justice Thomas should ...


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