Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
2021
Merrimack College
The Youth Reformation Program, Anna Gilboard
Criminology Student Work
No abstract provided.
Lengthy Minimum Parole Requirements: A Denial Of Hope,
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,
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?,
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,
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,
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.
