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Articles 1 - 7 of 7
Full-Text Articles in Law
Good Guys, Bad Guys -- And Miranda, Tamar R. Birckhead
Good Guys, Bad Guys -- And Miranda, Tamar R. Birckhead
Tamar R Birckhead
This op-ed argues that we as a society must get beyond our single-minded focus on the Miranda warnings and find a better way to elicit accurate information from suspects while lowering the risk of false confessions.
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Finding A Place For Children: The Impact Of Cameroon’S Criminal Procedure Code On Children In Conflict With The Law,, Joshua Dankoff
Finding A Place For Children: The Impact Of Cameroon’S Criminal Procedure Code On Children In Conflict With The Law,, Joshua Dankoff
Joshua Dankoff
In the face of a number of complex challenges—including lack of resources, an often oppressive neoliberal international economic system, and low salaries—the Cameroonian government has taken important steps over the last 20 years to improve its justice sector generally, and specifically in relation to children in conflict with the law. Having ratified most of the leading international and regional legal instruments, including the Convention on the Rights of the Child, the Cameroonian government has shown an interest in bringing its police, adjudicatory, and prison justice sectors into line with international norms and practice. As an example of a mixed jurisdiction …
Advocating Duress And Infancy Exceptions To The Persecutor Bar To Asylum For Former Child-Soldiers, Joshua Dankoff
Advocating Duress And Infancy Exceptions To The Persecutor Bar To Asylum For Former Child-Soldiers, Joshua Dankoff
Joshua Dankoff
After briefly discussing asylum law, the persecutor bar to asylum, and the 2009 Supreme Court decision Negusie v. Holder, this paper argues that former child soldiers are a unique population of asylum seekers. The article considers the wide use of duress in domestic and international law, and briefly discusses the infancy defense. The article then argues that a lack of duress exception to the persecutor bar for former child soldiers negatively impacts child asylum seekers, and proposes that the Board of Immigration Appeals read in both a duress and infancy exception to the persecutor bar to asylum.
Challenging The Overuse Of Foster Care And Disrupting The Path To Delinquency And Prison, Leslie J. Harris
Challenging The Overuse Of Foster Care And Disrupting The Path To Delinquency And Prison, Leslie J. Harris
Leslie J. Harris
Foster care is supposed to be a temporary safe haven for abused and neglected children, a place where they are cared for while their parents solve the problems that led to their mistreatment. For many children, foster care undoubtedly serves this function well. However, thousands of children live in foster care for extended periods of time, many leaving care only when they become adults. Recent studies show that for many of these children, foster care is not a safe, nurturing place. Instead, being in care exposes these children to substantial risks of later juvenile delinquency and adult criminal arrest and …
Children's Oppression, Rights And Liberation, Samantha Godwin
Children's Oppression, Rights And Liberation, Samantha Godwin
Samantha Godwin
This paper advances a radical and controversial analysis of the legal status of children. I argue that the denial of equal rights and equal protection to children under the law is inconsistent with liberal and progressive beliefs about social justice and fairness. In order to do this I first situate children’s legal and social status in its historical context, examining popular assumptions about children and their rights, and expose the false necessity of children’s current legal status. I then offer a philosophical analysis for why children’s present subordination is unjust, and an explanation of how society could be sensibly and …
Juvenile Justice Reform 2.0, Tamar R. Birckhead
Juvenile Justice Reform 2.0, Tamar R. Birckhead
Tamar R Birckhead
Before the 1954 decision in Brown v. Board of Education, the United States Supreme Court’s exercise of judicial review did not support the notion that constitutional litigation could be an effective instrument of social reform. The Court’s principled rejection of racially segregated public education, however, gave new legitimacy to the concept of judicial review, transforming it from an obstacle into a principal means of achieving social progress. Since then, federal courts have impacted public policy in many areas – from housing, welfare, and transportation to mental health institutions, prisons, and juvenile courts. Yet, there are inherent structural challenges to effecting …