Open Access. Powered by Scholars. Published by Universities.®

Juvenile Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2212 Full-Text Articles 1898 Authors 1084938 Downloads 132 Institutions

All Articles in Juvenile Law

Faceted Search

2212 full-text articles. Page 7 of 55.

Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance 2016 University of Florida Levin College of Law

Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance

Jason P. Nance

Over the last three decades, our nation has witnessed a dramatic change regarding how schools discipline children. Empirical evidence during this time period demonstrates that schools increasingly have relied on extreme forms of punishment such as suspensions, expulsions, referrals to law enforcement, and school-based arrests to discipline students for violations of school rules, including for low-level offenses. Many have referred to this disturbing trend of schools directly referring students to law enforcement or creating conditions under which students are more likely to become involved in the justice system—such as suspending or expelling them—as the “school-to-prison pipeline.” Perhaps the ...


Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz 2016 Fordham University School of Law

Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz

Fordham Urban Law Journal

No abstract provided.


Defending One-Parent Sijs, Rodrigo Bacus 2016 Fordham University School of Law

Defending One-Parent Sijs, Rodrigo Bacus

Fordham Urban Law Journal

No abstract provided.


Criminal Prosecution And Section 1983, Barry C. Scheck 2016 Touro College Jacob D. Fuchsberg Law Center

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.


From Homicidal Youths To Reformed Adults: Parole Hearing Procedures For Juvenile Homicide Offenders In Diatchenko V. District Attorney For The Suffolk District, Paula Trahos 2016 Boston College Law School

From Homicidal Youths To Reformed Adults: Parole Hearing Procedures For Juvenile Homicide Offenders In Diatchenko V. District Attorney For The Suffolk District, Paula Trahos

Boston College Journal of Law & Social Justice

In 2013, the Supreme Judicial Court of Massachusetts, following a United States Supreme Court case, Miller v. Alabama, held that all juvenile homicide offenders would have an opportunity for parole after serving fifteen years in prison. Subsequently, the Supreme Judicial Court of Massachusetts, in Diatchenko v. District Attorney for the Suffolk District, held that juvenile homicide offenders are entitled to representation by counsel at parole hearings, funds for expert witnesses, and can be granted judicial review of parole board decisions. The majority afforded these additional procedures with the intention of providing juvenile homicide offenders with a meaningful opportunity for release ...


A Hazy Shade Of Winter: The Chilling Issues Surrounding Hazing In School Sports And The Litigation That Follows, Nicholas Bittner 2016 Villanova University Charles Widger School of Law

A Hazy Shade Of Winter: The Chilling Issues Surrounding Hazing In School Sports And The Litigation That Follows, Nicholas Bittner

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


When Children Object: Amplifying An Older Child’S Objection To Termination Of Parental Rights, Brent Pattison 2016 Drake University Law School

When Children Object: Amplifying An Older Child’S Objection To Termination Of Parental Rights, Brent Pattison

University of Michigan Journal of Law Reform

Each year, thousands of children become wards of the state when a court terminates the legal rights of their parents. Between 2010 and 2014, more than 307,000 children lost their legal relationships to their parents in Termination of Parental Rights (TPR) proceedings. A growing percentage of child welfare cases involve older children. At the same time, too many young people lose their legal relationships with their parents without a family waiting to adopt them. The stakes are high for children in TPR cases; nonetheless, many children—even older children—cannot meaningfully participate in proceedings. Moreover, TPR cases threaten parents ...


Juvenile Culpability And The Felony Murder Rule: Applying The Enmund Standard To Juveniles Facing Felony Murder Charges, Sterling Root 2016 Trinity College, Hartford Connecticut

Juvenile Culpability And The Felony Murder Rule: Applying The Enmund Standard To Juveniles Facing Felony Murder Charges, Sterling Root

Senior Theses and Projects

Over the past decade, the Supreme Court has issued decisions in numerous cases (Roper v. Simmons, Graham v. Florida, Miller v. Alabama, and Montgomery v. Louisiana) involving juvenile sentencing that have radically transformed our juvenile criminal justice system. While some of these cases did involve juveniles convicted of felony murder, the Supreme Court never directly addressed how to handle juvenile sentencing in felony murder cases. This leaves a gap in society’s understanding of juvenile felony murder sentencing that must be addressed. Otherwise, many juveniles that never intended, attempted, or wished that a life be taken might spend the rest ...


Talk Don’T Touch? Considerations For Children’S Attorneys On The Physical Touch Of Clients, Andrea L. Dennis 2016 The Catholic University of America, Columbus School of Law

Talk Don’T Touch? Considerations For Children’S Attorneys On The Physical Touch Of Clients, Andrea L. Dennis

Catholic University Law Review

Forming a positive attorney-client relationship with a child is a complex process that involves many considerations. Although it offers guidance on effectively communicating and creating a safe environment, the legal system has neglected to form appropriate standards governing physical touch of juvenile clients. There are numerous benefits to physical touch of clients. However, a lack of guidance on the appropriate ways to use physical touch creates the risk negative effects will result from the touch. Drawing from the standards of other child-focused professions, this Article provides guidelines for attorneys contemplating using physical touch to develop a positive rapport with child ...


High Pain, No Gain: How Juvenile Administrative Fees Harm Low-Income Families In Alameda County, California, Jeffrey Selbin 2016 UC Berkeley

High Pain, No Gain: How Juvenile Administrative Fees Harm Low-Income Families In Alameda County, California, Jeffrey Selbin

Jeffrey Selbin

National attention is focused on racial and economic discrimination in the criminal justice system. Racially disproportionate interaction with the system leaves people of color with significantly more court-related debt. While criminal court debt has been described and condemned in the adult system, this issue has received virtually no attention in the juvenile system, where fees undermine rehabilitative goals.

This report presents research findings about the practice of assessing and collecting fees on families with youth in the juvenile system in Alameda County, California. The County charges these fees to thousands of families who are already struggling to maintain economic and ...


Utilizing Prosecutorial Discretion To Reduce The Number Of Juveniles With Disabilities In The Juvenile Justice System, Mary Willis 2016 Brigham Young University Law School

Utilizing Prosecutorial Discretion To Reduce The Number Of Juveniles With Disabilities In The Juvenile Justice System, Mary Willis

Brigham Young University Education and Law Journal

No abstract provided.


Hairr V. First Judicial Dist. Ct., 132 Nev. Adv. Op. 16 (Mar. 10, 2016), Douglas H. Smith 2016 Nevada Law Journal

Hairr V. First Judicial Dist. Ct., 132 Nev. Adv. Op. 16 (Mar. 10, 2016), Douglas H. Smith

Nevada Supreme Court Summaries

The Supreme Court denied petitioners’ application for a writ of mandamus for abuse of the district court’s discretion. If granted, this writ would have compelled the district court to grant the petitioners’ application to intervene under Rule 24 of the Nevada Rule of Civil Procedure as defendants in a constitutional challenge to a program that awards grants to children who are educated by entities other than public schools. The State is presumed to adequately represent the interests of those who support the bill. Since they did not demonstrate a conflict of interest with the State’s position or present ...


What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin 2016 Selected Works

What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin

D'Andre Lampkin

The purpose of this research project is to discuss the challenges law enforcement face when attempting to address quality of life issues for residents residing in and around Section 8 federal housing. The paper introduces readers to the purpose of Section 8 housing, the process in which residents choose subsidized housing, and the legal challenges presented when law enforcement agencies are assisting city government to address quality of life issues.
 
For purposes of this research project, studies were sampled to illustrate where law enforcement participation worked and where law enforcement participation leads to unintended legal ramifications.


Sticks And Stones May Break My Bones, But Words Will Always Hurt Me: Why California Should Expand The Admissibility Of Prior Acts Of Child Abuse, Lindsay Gochnour 2016 Pepperdine University

Sticks And Stones May Break My Bones, But Words Will Always Hurt Me: Why California Should Expand The Admissibility Of Prior Acts Of Child Abuse, Lindsay Gochnour

Pepperdine Law Review

This Comment seeks to explore the effect that the admissibility of prior bad acts evidence would have on child maltreatment cases and the benefits that would be afforded to child abuse victims if they were provided the same legal protections as victims of other crimes. This Comment argues that expanding the California Evidence Code to allow the admission of prior acts of psychological and emotional child maltreatment would make great progress for the protection of child abuse victims and the prosecution of their (often losing) cases.


The Pipeline: A Dangerous Education, Toria Messinger 2016 BA University of Puget Sound Class of 2014, MA Western Oregon University Class of 2015

The Pipeline: A Dangerous Education, Toria Messinger

Race and Pedagogy Journal: Teaching and Learning for Justice

From both a societal and institutional level, the school-to-prison pipeline continues to be an issue confronting historically marginalized youth. The harsh realities of discrimination and the lack of funding supporting equal education opportunities are directly connected to the perpetuation of stigmatization and overrepresentation in the criminal justice system. By evaluating the pipeline from both a structural and experiential level, it is possible to identify key target areas for future policy changes and theoretical evaluations. Looking at the current structures underpinned by social and legal systems, countless voices have argued that a shift must occur, and it must be sweeping in ...


“One Of The Worst:” The School-To-Prison Pipeline In Richmond, Virginia, Cassie Powell 2016 University of Richmond

“One Of The Worst:” The School-To-Prison Pipeline In Richmond, Virginia, Cassie Powell

Law Student Publications

Virginia tops the nation in the rate of referrals of students to law enforcement, at three times the national average. Students with disabilities and children of color are far more likely to be referred. Some Richmond area school districts and local government leaders are taking steps to counteract this trend.


The Peril Of Paroline: How The Supreme Court Made It More Difficult For Victims Of Child Pornography, Janet Lawrence 2016 Brigham Young University Law School

The Peril Of Paroline: How The Supreme Court Made It More Difficult For Victims Of Child Pornography, Janet Lawrence

BYU Law Review

No abstract provided.


The Beginning Of The End: Using Ohio’S Plan To Eliminate Juvenile Solitary Confinement As A Model For Statutory Elimination Of Juvenile Solitary Confinement, Elizabeth M. Rademacher 2016 College of William & Mary Law School

The Beginning Of The End: Using Ohio’S Plan To Eliminate Juvenile Solitary Confinement As A Model For Statutory Elimination Of Juvenile Solitary Confinement, Elizabeth M. Rademacher

William & Mary Law Review

No abstract provided.


The American Bar Association Joint Task Force On Reversing The School-To-Prison Pipeline Preliminary Report, Sarah E. Redfield, Jason P. Nance 2016 University of New Hampshire

The American Bar Association Joint Task Force On Reversing The School-To-Prison Pipeline Preliminary Report, Sarah E. Redfield, Jason P. Nance

UF Law Faculty Publications

In 2014, the American Bar Association (ABA) Coalition on Racial and Ethnic Justice (COREJ) turned its attention to the continuing failures in the education system where certain groups of students — for example, students of color, with disabilities, or LGBTQ — are disproportionately over- or incorrectly categorized in special education, are disciplined more harshly, including referral to law enforcement for minimal misbehavior, achieve at lower levels, and eventually drop or are pushed out of school, often into juvenile justice facilities and prisons — a pattern now commonly referred to as the School-to-Prison Pipeline. While this problem certainly is not new, it presented a ...


Guardian Ad Litem Clinic, Legal Clinic Program 2016 Florida A&M University College of Law

Guardian Ad Litem Clinic, Legal Clinic Program

Clinical Programs Brochures

The Guardian Ad Litem (GAL) clinic represents the “best interests” of children involved in dependency proceedings in the Juvenile Justice system in the State of Florida. We are designed to give students an overview and working knowledge of all aspects of representing children in dependency proceedings. The GAL Clinic addresses constitutional, statutory, and common laws impacting children, including the legal interests of parents and the government and the law’s evolving conception of children’s rights.


Digital Commons powered by bepress