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Articles 1 - 5 of 5
Full-Text Articles in Law
Challenging Juvenile Life Without Parole: How Has Human Rights Made A Difference?, Human Rights Institute
Challenging Juvenile Life Without Parole: How Has Human Rights Made A Difference?, Human Rights Institute
Human Rights Institute
Human rights standards and strategies play an important role in social justice legal advocacy in the United States. Human rights help frame new arguments, offer new venues for challenging existing policies and practices, provide opportunities for coalition-building, and afford new means to bring attention to rights violations. One example of human rights strategies at work in the U.S. is found in advocates’ efforts to end a practice unique to the United States: sentencing juveniles to life in prison without the possibility of parole.
Justice Policy Reform For High-Risk Juveniles: Using Science To Achieve Large-Scale Crime Reduction, Jennifer L. Skeem, Elizabeth S. Scott, Edward Mulvey
Justice Policy Reform For High-Risk Juveniles: Using Science To Achieve Large-Scale Crime Reduction, Jennifer L. Skeem, Elizabeth S. Scott, Edward Mulvey
Faculty Scholarship
After a distinctly punitive era, a period of remarkable reform in juvenile crime regulation has begun. Practical urgency has fueled interest in both crime reduction and research on the prediction and malleability of criminal behavior. In this rapidly changing context, high-risk youth – the small proportion of the population where crime is concentrated – present a conundrum. Research indicates that these are precisely the individuals to intensively treat to maximize crime reduction, but there are both real and imagined barriers to doing so. Institutional placement or criminal court processing can exclude these youths from interventions that would better protect public …
Judicial Leadership In Family Court: A Cautionary Tale, Jane M. Spinak
Judicial Leadership In Family Court: A Cautionary Tale, Jane M. Spinak
Faculty Scholarship
For the past 35 years I have been practicing in, teaching, and writing about the Family Court. The problem-solving court movement in the last two decades – with its proliferation of drug courts, mental health courts, and veterans courts, to name a few – renewed my interest in the historical roots of the family court because of the parallels between the original juvenile court and the recent problem solving court movement. One of the key elements – perhaps the defining element – in both is the role of the judge as the leader of the court. That is what I …
Toward A Public Health Legal Structure For Child Welfare, Joshua Gupta-Kagan
Toward A Public Health Legal Structure For Child Welfare, Joshua Gupta-Kagan
Faculty Scholarship
The present American child welfare system infringes upon the fundamental liberty interests of millions of children and parents, is adversarial and punitive, and fails to prevent child maltreatment or protect children adequately from its most severe forms. Many in the field now recognize that a public health model would more effectively support the parent–child relationship and protect children from maltreatment than the current paradigm. Despite much attention to such an approach, the field has yet to develop a clear vision for how the law could or should support a public health approach or shape the actions of individuals and institutions …
In Re Sanders And The Resurrection Of Stanley V. Illinois, Joshua Gupta-Kagan
In Re Sanders And The Resurrection Of Stanley V. Illinois, Joshua Gupta-Kagan
Faculty Scholarship
This Essay begins by reviewing Stanley v. Illinois, and outlines how that foundational case originally recognized parental rights in foster care cases yet became understood primarily as a private adoption case. Second, it explains how, simultaneously, family courts developed the One-Parent Doctrine and a related doctrine making it difficult to transfer custody of a child from an abusive or neglectful parent in one state to a non-offending parent in another. Both doctrines violate Stanley by allowing the State to take custody of children without ever proving parental unfitness. Cases adopting these doctrines literally ignore Stanley. Third, this Essay …