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Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams 2021 University of Mississippi

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …


The True Detriment Of Sibling Separation Lies In The Law, Vincent Sorrentino 2021 California Western School of Law

The True Detriment Of Sibling Separation Lies In The Law, Vincent Sorrentino

Child and Family Law Journal

No abstract provided.


Comment: Doe V. Woodard And Its Impact On The Circuit Split Surrounding Social Workers’ Inspections Of Suspected Victims Of Child Abuse, Mary Kate Workman 2021 University of Kansas School of Law

Comment: Doe V. Woodard And Its Impact On The Circuit Split Surrounding Social Workers’ Inspections Of Suspected Victims Of Child Abuse, Mary Kate Workman

Child and Family Law Journal

No abstract provided.


Parental Leave In The United States: Why The United States Should Follow France In Implementing Mandatory Paid Paternal Leave, Emily Bergmann 2021 Texas A&M University School of Law

Parental Leave In The United States: Why The United States Should Follow France In Implementing Mandatory Paid Paternal Leave, Emily Bergmann

Child and Family Law Journal

This article addresses an issue relevant to all working parents: paid parental leave. The United States is the only industrialized nation in the world to not guarantee paid leave for parents. Substantial research and studies have documented numerous benefits correlated to paid parental leave including increased workforce participation, health benefits for both children and parents, reduced gender stereotypes, and more. Unfortunately, many fathers are stigmatized when they choose to take family leave; therefore, making leave mandatory is necessary to reduce this stigma. Current paternity leave policies in the United States will be analyzed under the FMLA, individual states, and private …


Chimerism And Mosaicism: The Fallibility Of Dna Evidence, Robert Ellis-Liang 2021 Yeshiva University, Benjamin N. Cardozo School of Law

Chimerism And Mosaicism: The Fallibility Of Dna Evidence, Robert Ellis-Liang

Child and Family Law Journal

No abstract provided.


Child Entertainers And Their Limited Protections: A Call For An Interstate Compact, Tabetha Bennett 2021 Barry University, Dwayne O. Andreas School of Law

Child Entertainers And Their Limited Protections: A Call For An Interstate Compact, Tabetha Bennett

Child and Family Law Journal

No abstract provided.


The Current State Of Students’ Fourth Amendment Rights: How Implicit Bias Goes Unchecked In A Subjective Framework, Christian Williams 2021 Barry University, Dwayne O. Andreas School of Law

The Current State Of Students’ Fourth Amendment Rights: How Implicit Bias Goes Unchecked In A Subjective Framework, Christian Williams

Child and Family Law Journal

No abstract provided.


Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act, Jhonell Campbell 2021 University of Maryland

Gestational Surrogacy Contract Terms Under The 2017 Uniform Parentage Act, Jhonell Campbell

Child and Family Law Journal

No abstract provided.


How To End The Cycle Of Domestic Violence: Policies Focused On Children, Ashley Phillips 2021 Texas A&M University School of Law

How To End The Cycle Of Domestic Violence: Policies Focused On Children, Ashley Phillips

Child and Family Law Journal

There is an alarming amount of people who witness childhood domestic violence, and when children are exposed to domestic violence, they are subjected to a cycle of violence and trauma that exists in families for generations.1 However, society does not focus on trauma-exposed children to help break the cycle of domestic violence, even though child witnesses and victims become future abusers and prison inmates. This paper explains the cycle of domestic violence and its traumatic effects, examines the problems and limits of the law in respect to family intervention, and concludes with policy solutions focused on assisting children exposed to …


How To End The Cycle Of Domestic Violence: Policies Focused On Children, Ashley Phillips 2021 Texas A&M University School of Law

How To End The Cycle Of Domestic Violence: Policies Focused On Children, Ashley Phillips

Student Scholarship

There is an alarming amount of people who witness childhood domestic violence, and when children are exposed to domestic violence, they are subjected to a cycle of violence and trauma that exists in families for generations. However, society does not focus on trauma-exposed children to help break the cycle of domestic violence, even though child witnesses and victims become future abusers and prison inmates. This paper explains the cycle of domestic violence and its traumatic effects, examines the problems and limits of the law in respect to family intervention, and concludes with policy solutions focused on assisting children exposed to …


Children Are Human, Kim Pearson 2021 Gonzaga University

Children Are Human, Kim Pearson

Texas A&M Law Review

There are great benefits to be had should the United States, one of the global leaders in economic strength and political power, ratify the United Nations Convention on the Rights of the Child (“CRC”). The mystery of the United States’s ultimate reluctance to ratify the CRC, despite the nation’s central role in the drafting process, has been interrogated for years. Scholars and policy- makers have developed compelling narratives regarding obstacles to the United States’s ratification and implementation of the CRC. However well- reasoned the arguments for ratification are, there has been little progress in persuading the United States to ratify …


Child Welfare Service Worker's Perspective Of The Juvenile Justice System, Valorie Antone, Kathryn Whitehead, Alexander Comeau, Zoe Donvan 2021 University of Southern Maine

Child Welfare Service Worker's Perspective Of The Juvenile Justice System, Valorie Antone, Kathryn Whitehead, Alexander Comeau, Zoe Donvan

Thinking Matters Symposium

Prior literature indicates youth who have had adverse childhood events or are diagnosed with a mental illness are more likely to become involved in the juvenile justice system (Chappard & Maggard, 2020). While research has been performed to involve juvenile justice workers and juveniles that have been involved in the system, there has been little involvement by the child welfare workers who have followed the trajectory of the youth from the beginning of involvement. This study investigates the perceptions of child welfare workers regarding youth involvement in the criminal justice system, addressing a current gap in the literature. In terms …


Remembering California’S History In Youth Corrections, Sadie Minjares Odom 2021 Golden Gate University School of Law

Remembering California’S History In Youth Corrections, Sadie Minjares Odom

GGU Law Review Blog

California Governor Gavin Newson’s 2021-22 state budget sets forth plans to permanently close the California’s Division of Juvenile Justice and transition any children in the state’s care to the counties who committed them. On September 30, 2020, California lawmakers passed SB 823, the pillar of this transition. As the closure of the state-run juvenile correctional system marks a new journey for California’s youth, the state’s gloomy history in youth corrections looms overhead.


Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey 2021 Washington and Lee University School of Law

Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey

Washington and Lee Law Review Online

In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of Indian children into foster and adoptive homes in such a way that attempts to reflect the unique values of Indian culture and supports the autonomy of the tribe. In doing so, the law treats Indian children differently than it would White children. But …


The Youth Reformation Program, Anna Gilboard 2021 Merrimack College

The Youth Reformation Program, Anna Gilboard

Criminology Student Work

No abstract provided.


Lengthy Minimum Parole Requirements: A Denial Of Hope, Heather Walker 2021 Brigham Young University

Lengthy Minimum Parole Requirements: A Denial Of Hope, Heather Walker

Brigham Young University Prelaw Review

Using the Eighth Amendment, which prohibits cruel and unusual punishment, the Supreme Court has made sweeping changes to juvenile sentencing in the last fifteen years. The Court has stated that mandatory life sentences without the possibility of parole and life sentences without the possibility of parole for non-homicide offenders are unconstitutional. Nevertheless, there are still unanswered questions in juvenile sentencing. One under-researched aspect of this is the role that lengthy minimum parole requirements play in the constitutionality of juvenile sentencing. This type of sentencing lacks express legislative support, it does not have a legitimate penological justification, and it denies juveniles …


Web Of Incarceration: School-Based Probation, Jyoti Nanda 2021 Golden Gate University School of Law

Web Of Incarceration: School-Based Probation, Jyoti Nanda

Publications

Close to three quarters of a million cases flow through the United States’ juvenile justice system annually. Juvenile probation is the most commonly utilized form of sentencing, yet juvenile probation has not been the focus of sustained research or analysis. This Article focuses on School-Based Probation, a type of juvenile probation program that was created to enroll youth before a criminal charge has been filed. Described by its proponents as a “voluntarily probation” program, pre-delinquent, or “at-risk,” youth are identified by on-site school probation officers and enrolled in a supervised program. Deemed to be problematic by many jurisdictions, this Article …


The “Innocence Penalty”: Is It More Pronounced For Juveniles?, Nilam A. Sanghvi, Elizabeth A. DeLosa 2021 Penn State Dickinson Law

The “Innocence Penalty”: Is It More Pronounced For Juveniles?, Nilam A. Sanghvi, Elizabeth A. Delosa

Dickinson Law Review (2017-Present)

Despite the presumption of innocence, we know that individuals accused of crimes are punished for maintaining their innocence in ways both tangible and intangible as they make their way through our criminal justice system. For example, even if instructed not to, jurors may infer guilt from a defendant’s failure to testify; defendants who exercise their right to go to trial receive lengthier sentences if convicted than those who plead guilty; and, once convicted, defendants who maintain their innocence are often denied opportunities for parole or clemency. This article explores whether these “innocence penalties” are even greater for children who are …


Young, Black, And Wrongfully Charged: A Cumulative Disadvantage Framework, Emily Haney-Caron, Erika Fountain 2021 CUNY John Jay College

Young, Black, And Wrongfully Charged: A Cumulative Disadvantage Framework, Emily Haney-Caron, Erika Fountain

Dickinson Law Review (2017-Present)

The term wrongful conviction typically refers to the conviction or adjudication of individuals who are factually innocent. Decades of research has rightfully focused on uncovering contributing factors of convictions of factually innocent people to inform policy and practice. However, in this paper we expand our conceptualization of wrongful conviction. Specifically, we propose a redefinition that includes other miscarriages of justice: A wrongful conviction is a conviction or adjudication for someone who never should have been involved in the juvenile or criminal legal system in the first place. Although there are various miscarriages of justice that might appropriately be categorized under …


The Twice Diminished Culpability Of Juvenile Accomplices To Felony Murder, Beth Caldwell 2021 University of California, Irvine School of Law

The Twice Diminished Culpability Of Juvenile Accomplices To Felony Murder, Beth Caldwell

UC Irvine Law Review

No abstract provided.


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