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Articles 1 - 30 of 177
Full-Text Articles in Law
Meeting The Youthful Inmate Standard: Addressing Operations, Finding Promising Practices And Knowing The Law, Brenda V. Smith, Elissa Rumsey, Carmen Daugherty
Meeting The Youthful Inmate Standard: Addressing Operations, Finding Promising Practices And Knowing The Law, Brenda V. Smith, Elissa Rumsey, Carmen Daugherty
Presentations
No abstract provided.
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby
William & Mary Bill of Rights Journal
In striking down the death penalty for intellectually disabled and juvenile defendants, Atkins v. Virginia and Roper v. Simmons have been understandably heralded as important holdings under the Court’s Eighth Amendment jurisprudence that has found the death penalty “disproportional” for certain types of defendants and crimes. This Article argues, however, that the cases have a far more revolutionary reach than their conventional understanding. In both cases the Court went one step beyond its usual two-step analysis of assessing whether imposing the death penalty violated “evolving standards of decency.” This extra step looked at why even though intellectual disability and youth …
Juvenile Death Sentence Lives On... Even After Roper V. Simmons, Akin Adepoju
Juvenile Death Sentence Lives On... Even After Roper V. Simmons, Akin Adepoju
University of Massachusetts Law Review
This article begins with a discussion of the Supreme Court’s decision to abolish the death penalty as applied to individuals convicted of crimes they committed before they turned 18 and proceeds with a detailed exposition of worldwide standards of juvenile sentencing. Part I of this note briefly discusses the history and purposes of the juvenile justice system in the United States. Further, there is a general discussion on the constitutionality of life without parole sentences, which provides an overview of the inconsistencies between Federal and State Courts’ approaches when sentencing juveniles to life without parole. Part II analyzes the international …
The Case For Extending Pretrial Diversion To Include Possession Of Child Pornography, Sarah J. Long
The Case For Extending Pretrial Diversion To Include Possession Of Child Pornography, Sarah J. Long
University of Massachusetts Law Review
Pretrial diversion removes offenders with a low-risk of reoffending from the penal system and instead sends them to supervised treatment programs. The result is lower cost to the state and a second chance for those who successfully complete the program. Typically, violent crimes, such as murder and attempted murder, are exempt from pretrial diversion. Notably, sex related crimes are also ineligible in all jurisdictions. By excluding all sex-related crimes from pretrial diversion, possession of child pornography is adjudicated by the courts. As a result, young, first-time offenders who may be candidates for treatment are bundled with physical offenders, members of …
Youth Matters: Miller V. Alabama And The Future Of Juvenile Sentencing, John F. Stinneford
Youth Matters: Miller V. Alabama And The Future Of Juvenile Sentencing, John F. Stinneford
John F. Stinneford
In the Supreme Court's latest Eighth Amendment decision, Miller v. Alabama, the Court held that statutes authorizing mandatory sentences of life in prison with no possibility of parole are unconstitutional as applied to offenders who were under eighteen when they committed their crimes. This short essay examines several themes presented in Miller, including the constitutional significance of youth and science, the legitimacy of mandatory life sentences and juvenile transfer statutes, and the conflict between “evolving standards of decency” and the Supreme Court’s “independent judgment.” This essay also introduces important articles by Richard Frase, Carol Steiker and Jordan Steiker, Franklin Zimring …
Reforma A La Justicia Penal Juvenil Y Adolescentes Privados De Libertad En Chile: Aportes Empíricos Para El Debate, Ricardo Lillo, Maximo Langer
Reforma A La Justicia Penal Juvenil Y Adolescentes Privados De Libertad En Chile: Aportes Empíricos Para El Debate, Ricardo Lillo, Maximo Langer
Ricardo Lillo
Este artículo tiene por objeto brindar y analizar algunos datos empíricos sobre el funcionamiento de la Justicia Penal Adolescente luego de siete años de la entrada en vigencia de la Ley N° 20.084. Uno de los objetivos de esta reforma fue adecuar la legislación en la materia a los estándares del Derecho Internacional de los Derechos Humanos, entre los cuales se encuentran el criterio de intervención penal especial reducida o moderada y la utilización de la privación de libertad como medida de ultima ratio. Nuestros datos indican que con posterioridad a su entrada en vigencia han aumentado tanto el número …
States And Status: A Study Of Geographical Disparities For Immigrant Youth, Laila Hlass
States And Status: A Study Of Geographical Disparities For Immigrant Youth, Laila Hlass
Faculty Scholarship
This article looks at the legal and practical challenges arising out of a particular immigration protection for abandoned, abused, and neglected child migrants called “Special Immigrant Juvenile Status” (SIJS). This benefit, which is a pathway to legal permanent residence and citizenship, is the only area within federal immigration law that requires a state court to take action in order for immigration authorities to consider an individual’s eligibility for relief. Using an original data set of roughly 12,000 SIJS applications from the Department of Homeland Security in June 2013, this article describes trends over time and by state regarding the number …
The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein
The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein
Stephanie Bornstein
This article analyzes the legal impact of legislative proposals in 1998 and 1999 to require parental notification for minors seeking publicly funded contraception. Part I explores the history of Title X and some of its amendments, the HHS interpretive “squeal rule,” and the federal courts' rejection of the HHS rule based on the congressional intent behind Title X. Part II focuses on the Parental Notification Act of 1998 and its likelihood for success against a constitutional challenge, based on an analysis of precedent on parental consent requirements for contraception and abortion. Part III discusses the change in the legislative and …
Protecting Students From Abuse: Public School District Liability For Student Sexual Abuse Under State Child Abuse Reporting Laws, Jason P. Nance, Philip T.K. Daniel
Protecting Students From Abuse: Public School District Liability For Student Sexual Abuse Under State Child Abuse Reporting Laws, Jason P. Nance, Philip T.K. Daniel
Jason P. Nance
Virtually all courts recognize that a child abuse reporting statute creates a duty to children, the breach of which is the basis of a civil suit for damages. Normally, courts recognize a duty only to the minor child about whom school officials have received the abuse reports. In 2004, the Supreme Court of Ohio extended this duty to third party student victims. Thus, causes of action may now be brought against school districts when a school employee abuses one student, school officials fail to report the abuse, and the same employee abuses a different student. Public school students who are …
Alone And Unrepresented: A Call To Congress To Provide Counsel For Unaccompanied Minors, Shani M. King
Alone And Unrepresented: A Call To Congress To Provide Counsel For Unaccompanied Minors, Shani M. King
Shani M. King
The legal rights of children who enter a country without their parents or other guardians, including the right to legal representation in immigration proceedings, differ vastly across the globe. This Article is the first to show that unaccompanied minors lie at the nexus of international and regional human rights standards governing the treatment of immigrants, children, and civil counsel and to show how the development of human rights standards in these three areas underscores the importance of and the need for counsel for unaccompanied minors. Part I illustrates why unaccompanied minors in the United States need legal representation by focusing …
School Discipline 101: Students' Due Process Rights In Expulsion Hearings, Melissa Frydman, Shani M. King
School Discipline 101: Students' Due Process Rights In Expulsion Hearings, Melissa Frydman, Shani M. King
Shani M. King
Upholding the principle that school districts, as state actors, shall not deprive a student of liberty or property without due process of law, courts have expanded for more than four decades the Fourteenth Amendment's due process protection of public school students. Understanding this principle is essential to representing children in school discipline proceedings. Before presenting a practical guide to representing students in these proceedings, we offer a brief history of due process protection for children.
Foreword - A Dedication To Barbara Bennett Woodhouse, Nancy E. Dowd
Foreword - A Dedication To Barbara Bennett Woodhouse, Nancy E. Dowd
Nancy Dowd
Families and family law are at the cutting edge of social policy. As we navigate through difficult times, we are reminded not only of the importance of families, but also of their vulnerability. The challenge for family law and policy is to remain responsive and relevant. This requires that we confront the realities of families, their needs and issues. We live in times of enormous diversity in family forms. That reality is frightening and worrisome to some, but reminds us that it is how families function, rather than what they look like, that is most important. Embracing function over form …
Boys, Masculinities And Juvenile Justice, Nancy E. Dowd
Boys, Masculinities And Juvenile Justice, Nancy E. Dowd
Nancy Dowd
Culture and tradition are part of the macrosystem of ideas and beliefs that have a dramatic effect on children and families. One aspect of culture is gender beliefs, values and roles. Feminist analysis has explored the incorporation of gender in a wide range of structures, challenging gender bias and advocating reform of a range of laws, structural systems, and social practices. Masculinities analysis, an outgrowth of feminist analysis that focuses on men as gendered subjects, provides a perspective to consider those areas in which men are disproportionately present either in positions of power and privilege, or in positions of disadvantage. …
Ethical Issues In The Legal Representation Of Children In Illinois: Roles, Rules And Reforms, Diane Geraghty
Ethical Issues In The Legal Representation Of Children In Illinois: Roles, Rules And Reforms, Diane Geraghty
Diane C. Geraghty
No abstract provided.
Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum
Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum
Psychology Faculty Scholarship
We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …
Casa Of Franklin County, Megan Ellis, Maureen Conley
Casa Of Franklin County, Megan Ellis, Maureen Conley
Learning Showcase 2014
Franklin County, children are appointed by the courts either a private attorney or a CASA volunteer GAL. CA abuse appointed SA volunteers complete an extensive screening and training process and are officially sworn officers of the court. CASA exists to serve the most at-risk and severe cases of child abuse and neglect in the community.
In 2014, over 3,000 children will enter the Franklin County Juvenile Courts System through no fault of their own as victims of abuse and neglect. CASA of Franklin County is on tract to serve over 805 of these; the most children CASA of Franklin County …
The Juvenile Justice System, Corrections And Human Trafficking, Maureen Elizabeth Mcgill
The Juvenile Justice System, Corrections And Human Trafficking, Maureen Elizabeth Mcgill
Learning Showcase 2014
What happens to these young victims? A homeless or runaway juvenile is befriended by someone, then plied with drugs and/or alcohol. This is where the trafficker begins to exert control over the victim. The victims are given food and shelter. Sex is expected in return. At this point the trafficker has established trust with the victim, misguided as it may be. Then, Stockholm syndrome begins to set in. This is where victims protect the trafficker for fear of losing access to drugs, food, shelter or money. The victims also comply with their captors out of a sense of loyalty toward …
Child Obesity As A Child Protection Concern In The United States And The United Kingdom: A Proposed Framework, Victoria Elissa Garel
Child Obesity As A Child Protection Concern In The United States And The United Kingdom: A Proposed Framework, Victoria Elissa Garel
Georgia Journal of International & Comparative Law
No abstract provided.
5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon
5. American Professional Society On The Abuse Of Children In Support Of Petitioner, Ohio V. Clark (Merits), Thomas D. Lyon
Thomas D. Lyon
No abstract provided.
A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli
A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli
Department of Justice Studies Faculty Scholarship and Creative Works
While there is a large body of research on the legal capacities of adolescents, this research largely has neglected the plea-deal context. To learn about adolescents’ understanding of the plea process and their appreciation of the short- and long-term consequences of accepting a plea deal, we conducted interviews with 40 juveniles who were offered plea deals in adult criminal court. Participants displayed a limited understanding of the plea process were not fully aware of their legal options and appeared to be overly influenced by the short-term benefits associated with accepting their plea deals. Limited contact with attorneys may have contributed …
Who Says My Halloween Costume Is Offensive?, Marysheila Mcdonald
Who Says My Halloween Costume Is Offensive?, Marysheila Mcdonald
Explorer Café
No abstract provided.
Keynote Speaker Presentations: 5th Annual Umass Center For Clinical And Translational Research Retreat (Video), Robert H. Brown Jr., Thomas Grisso
Keynote Speaker Presentations: 5th Annual Umass Center For Clinical And Translational Research Retreat (Video), Robert H. Brown Jr., Thomas Grisso
Thomas Grisso
This video features the full keynote presentations from the 5th Annual UMass Center for Clinical and Translational Science Research Retreat at the University of Massachusetts Medical School (UMMS) in Worcester, MA, on May 20, 2014.
Beginning at 12:40
1st Keynote Speaker: Robert H. Brown, Jr., MD, D.Phil, Chair, Department of Neurology, UMMS. “Lou Gehrig Disease: From Mapping to Medicines”
Beginning at 1:22:19
2nd Keynote Speaker: Thomas Grisso, PhD, Director, Law and Psychiatry Program and Professor, Department of Psychiatry, UMMS. Recipient, Chancellor’s Medal for Distinguished Scholarship. “Translational Research in Law and Psychiatry”
Also included is a brief introductory presentation with updates …
The Sex Tourism Industry Spreads To Costa Rica And Honduras: Are These Countries Doing Enough To Protect Their Children From Sexual Exploitation?, Nancy Beyer
Georgia Journal of International & Comparative Law
No abstract provided.
There's No Place Like Home. Determining Habitual Residence: Feder V. Evans-Feder, Katherine V. Hung
There's No Place Like Home. Determining Habitual Residence: Feder V. Evans-Feder, Katherine V. Hung
Georgia Journal of International & Comparative Law
No abstract provided.
Emerging Limitations On The Rights Of The Child: The U.N. Convention On The Rights Of The Child And Its Early Case Law, Jonathan Todres
Emerging Limitations On The Rights Of The Child: The U.N. Convention On The Rights Of The Child And Its Early Case Law, Jonathan Todres
Jonathan Todres
No abstract provided.
Mainstreaming Children's Rights In Post-Disaster Settings, Jonathan Todres
Mainstreaming Children's Rights In Post-Disaster Settings, Jonathan Todres
Jonathan Todres
In recent years, major natural disasters — ranging from the 2004 Indian Ocean tsunami to the 2010 Haiti earthquake — have challenged the global community to ensure the survival and well-being of millions of individuals under the most difficult circumstances. Each of these natural disasters has created crisis spots with huge numbers of displaced individuals, including many children. The international community has struggled to deliver the resources needed to ensure a prompt and full recovery. In these settings, the challenges confronting children are particularly acute. Yet frequently children are marginalized and underserved by disaster response and reconstruction efforts. This symposium …
Rights Relationships And The Experience Of Children Orphaned By Aids, Jonathan Todres
Rights Relationships And The Experience Of Children Orphaned By Aids, Jonathan Todres
Jonathan Todres
The global AIDS pandemic has left more than fifteen million children orphaned. These children constitute one of the most vulnerable populations, yet their situation has received relatively little scrutiny from legal scholars. This Article intends to fill that void by explicating the experience of children orphaned by AIDS, situating it in the broader context of the HIV/AIDS pandemic, and evaluating protections available under international human rights law. Analyzing human rights law as applied to children orphaned by AIDS exposes the extent to which rights are interrelated, particularly for marginalized populations. In current scholarship, the interrelationship among rights, for the most …
The U.S. View Of The Convention On The Rights Of The Child - Time For Reconsideration, Jonathan Todres, Howard Davidson
The U.S. View Of The Convention On The Rights Of The Child - Time For Reconsideration, Jonathan Todres, Howard Davidson
Jonathan Todres
No abstract provided.
A Person's A Person: Children's Rights In Children's Literature, Jonathan Todres, Sarah Higinbotham
A Person's A Person: Children's Rights In Children's Literature, Jonathan Todres, Sarah Higinbotham
Jonathan Todres
Although the Convention on the Rights of the Child is the most widely ratified human rights treaty in history, children’s rights are still seen in many circles as novel and quaint ideas but not serious legal theory. The reality, however, is that the realization of children’s rights is vital not only for childhood but for individuals’ entire lives. Similarly, although the books children read and have read to them are a central part of their childhood experience, so too has children’s literature been ignored as a rights-bearing discourse and a means of civic socialization. We argue that children’s literature, like …
Punitive Injunctions, Nirej S. Sekhon