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Juvenile Law

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2004

Juvenile court

Articles 1 - 2 of 2

Full-Text Articles in Law

The Ethical Perils Of Representing The Juvenile Defendant Who May Be Incompetent, Adrienne E. Volenik Jan 2004

The Ethical Perils Of Representing The Juvenile Defendant Who May Be Incompetent, Adrienne E. Volenik

Law Faculty Publications

This Article examines questions likely to arise with respect to these interests when an attorney suspects his or her juvenile client may be incompetent. Part I reviews the doctrine of adjudicative competence in the context of adult criminal proceedings. Part II summarizes the newly evolved application of the doctrine in juvenile court. Part III examines the ethical, legal, and practical considerations that arise when a lawyer has concerns about whether a juvenile client possesses the competence needed to participate appropriately in juvenile court proceedings.


Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Joshua Gupta-Kagan Jan 2004

Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Joshua Gupta-Kagan

Faculty Scholarship

This essay presents one doctrinal method for lawyers to defend children accused of criminal charges in juvenile or adult court: attacking the applicability of the nearly twenty-year old case, New Jersey v. T.L.O. to most school searches. T.L.O. established a lower standard for searches of students by school officials, but it explicitly did not decide what standard the government must meet to justify school searches performed by police officers, creating a doctrinal starting point for advocates to raise challenges to searches involving police. More fundamentally, the T.L.O. Court based its decision on the presumption that firm gates separate public school …