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Articles 1 - 16 of 16
Full-Text Articles in Law
“Take Your Pictures, Leave Your (Digital) Footprints”: Increasing Privacy Protections For Children On Social Media, Kodie Mcginley
“Take Your Pictures, Leave Your (Digital) Footprints”: Increasing Privacy Protections For Children On Social Media, Kodie Mcginley
Golden Gate University Law Review
As the digital sphere becomes more prevalent in people’s lives, Congress has tried to keep up. First created in 1998, the Children’s Online Privacy Protection Act (COPPA) requires operators of websites directed at children to obtain consent from parents before collecting any personal information from children. COPPA also requires that operators take reasonable measures to protect the confidentiality of any personal information collected about children. Although COPPA has helped regulate online spaces, its focus is on regulating websites that collect personal information directly from children. This focus leaves a gap in the law that ignores personal data shared on social …
Locked Away For Life: The Case Against Juvenile Life Without Parole For Felony Murder, Jennifer Gomez
Locked Away For Life: The Case Against Juvenile Life Without Parole For Felony Murder, Jennifer Gomez
Golden Gate University Law Review
This Comment argues that life without the possibility of parole is not an appropriate sentence for juveniles who commit felony murder because of the inherent characteristics of juveniles, such as their immaturity and inability to foresee consequences. At the age of seventeen, Riley Briones was sentenced to life without the possibility of parole for his involvement in a robbery that resulted in a murder. Abused by his father throughout his childhood, Briones’ use of alcohol and drugs began early at the age of eleven. While he had aspired to attend college, Briones became a teen parent which required him to …
J.E.F.M. V. Lynch: The Jurisdictional Exclusion Of Legal Representation For Immigrant Children, Kourtney Speer
J.E.F.M. V. Lynch: The Jurisdictional Exclusion Of Legal Representation For Immigrant Children, Kourtney Speer
Golden Gate University Law Review
The border crisis created a perfect storm in immigration courts, as children wind their way from border crossings to immigration proceedings. The storm has battered immigration courtrooms crowded with young defendants but lacking lawyers and judges to handle the sheer volume of cases.
Reyes V. Lewis: A Missed Opportunity For Minors And Miranda, Jessica Bennett
Reyes V. Lewis: A Missed Opportunity For Minors And Miranda, Jessica Bennett
Golden Gate University Law Review
The controversial debate—whether minors understand the complexity of Miranda rights—has prevented lawmakers from producing laws that assist minors in comprehending these warnings. As a protected class, minors should be provided with extra counseling if they are faced with criminal charges in order to save judicial resources and help keep innocent minors out of the criminal justice system. A law mandating that minors consult with a pro tem attorney prior to questioning could reduce the number of cases awaiting adjudication, relieve the court of having to investigate whether the minor was coerced, threatened, intimidated, tricked, or falsely promised, and would create …
How Reasonable Are Reasonable Efforts For The Children Of Incarcerated Parents?, Courtney Serrato
How Reasonable Are Reasonable Efforts For The Children Of Incarcerated Parents?, Courtney Serrato
Golden Gate University Law Review
This article will discuss the development of the laws concerning children with incarcerated parents. Ultimately, the goal is to encourage states like California to (1) expand the law regarding reasonable efforts even further, (2) encourage California prisons to take into consideration exceptions for children and incarcerated parents in implementing prison policies, and (3) provide other states with a model for proposing new laws that can be put into practice. The background of this article will explain the federal implementation of The Adoption and Safe Families Act (ASFA) and the necessary changes California made to state law after the enactment of …
The Forgotten Children Of The Foster Care System: Making A Case For The Professional Judgment Standard, Andrea Koehler
The Forgotten Children Of The Foster Care System: Making A Case For The Professional Judgment Standard, Andrea Koehler
Golden Gate University Law Review
Part I of this Comment presents a brief look at the children in foster care and the maltreatment they experience, as well as the federal and state legislation enacted to provide for their safety. Part II explores § 1983 and Supreme Court precedent establishing the duty to protect persons from harm caused by private parties, with a focus on the special relationship doctrine. It also discusses the applicable standards of liability defined by the Court. Part III reviews and analyzes the various liability standards used in federal and state actions brought by foster children for failure to protect them from …
Juvenile Law, Kenneth Hecht
Juvenile Law, Kenneth Hecht
Cal Law Trends and Developments
Review of the 1969 decisions in juvenile law reveals that the courts in California, as elsewhere, have been traumatized by the recent transplant of constitutional due process into the formerly barren soil of the juvenile code. For sixty years, children in most American jurisdictions were hidden from constitutional view. The fiction persisted that they were not tried but treated. If a child carne to the attention of the juvenile court, he did so because his parents had failed to fulfill their function. The court succeeded to their role and, in the name of parens patriae, exercised only the power it …
Turning Troubled Teens Into Career Criminals: Can California Reform The System To Rehabilitate Its Youth Offenders?, Anna L. Benvenue
Turning Troubled Teens Into Career Criminals: Can California Reform The System To Rehabilitate Its Youth Offenders?, Anna L. Benvenue
Golden Gate University Law Review
This Comment proposes a statute mandating institutional reform of California's juvenile system, a necessary legislative step toward enabling the CY A to fulfill its statutory mission and judicial mandate. Changes originally proposed in California S.B. 609 are the first steps on the way to making rehabilitation a reality in the CYA. The approaches found in that bill, along with those found in other legislation, will enable the CYA to comply with its legislative mandate and with the Farrell consent decree.
Where Are The Parents? Parental Criminal Responsibility For The Acts Of Children, Lisa Lockwood
Where Are The Parents? Parental Criminal Responsibility For The Acts Of Children, Lisa Lockwood
Golden Gate University Law Review
This Comment will examine the legal possibility of imposing parental criminal liability for the crimes committed by the direct acts of their children. Part II of this article will describe the elements required to impose criminal liability, specifically for the convictions of involuntary manslaughter and murder by depraved indifference. These elements are then juxtaposed against those required in civil tort law, which are substantially similar and therefore must apply to hold parents responsible for the deaths of third parties. Next, because parental criminal liability cases have not yet occurred, Part III will investigate cases in which the elements required for …
From Playpens To Prisons: What The Gang Violence And Juvenile Crime Prevention Act Of 1998 Does To California's Juvenile Justice System And Reasons To Repeal It, Sara Raymond
Golden Gate University Law Review
This comment will explore the most significant changes that the Gang Violence and Juvenile Crime Prevention Act (GVJCPA) made to California's juvenile justice system. It will also discuss and propose alternative methods to curb juvenile crime. Part II will examine the juvenile justice system, including the context in which it was created, and juvenile crime across the country. It will then discuss how courts, legislatures, and local governments have confronted the changing nature of juvenile crime, focusing on efforts in California. Part II will also include an introduction to the GVJCPA. Part III will discuss the most important changes that …
Just Another Kid With A Gun? United States V. Michael R.: Reviewing The Youth Handgun Safety Act Under The United States V. Lopez Commerce Clause Analysis, Steven Rosenberg
Just Another Kid With A Gun? United States V. Michael R.: Reviewing The Youth Handgun Safety Act Under The United States V. Lopez Commerce Clause Analysis, Steven Rosenberg
Golden Gate University Law Review
The Lopez decision prompted many defendants, charged under a wide variety of federal statutes, to attack those statutes as unconstitutional under the new "commercial activity" test. The United States Court of Appeals for the Ninth Circuit addressed one such challenge in United States v. Michael R. Section II of this note discusses Michael R.'s facts and procedural history. Section III outlines the history of Commerce Clause jurisprudence, with an emphasis on the recent change in the Supreme Court's review of Congress' use of the commerce power under Lopez. In addition, Section III details the legislative history of the Youth Handgun …
Judicial Discretion Is Insufficient: Minors' Due Process Right To Participate With Counsel When Divorce Custody Disputes Involve Allegations Of Child Abuse, David Peterson
Golden Gate University Law Review
This comment will illustrate how allegations of child abuse in a divorce custody dispute dramatically alter the presumption that the child's interests are well represented. Therefore, appointment of counsel for the child becomes necessary. The author first summarizes current state laws which address this issue and discusses the factors which cause discretionary appointment to fail. Next, the author demonstrates the trend of appellate court decisions and state laws toward mandatory appointment of counsel when abuse is alleged. The author then argues that mandatory appointment is necessitated by due process balancing of the child's and the government's interest. Finally, the author …
Williams V. Garcetti: The Constitutionality Of Holding Parents Criminally Liable For The Acts Of Their Children, Catherine Clements
Williams V. Garcetti: The Constitutionality Of Holding Parents Criminally Liable For The Acts Of Their Children, Catherine Clements
Golden Gate University Law Review
This summary will examine California's effort to curb youth violence through the amendment of Penal Code section 272.10 California Penal Code section 272 prohibits adults from contributing to the delinquency of a minor. The amended portion of Penal Code section 272 mandates parents be held criminally liable for failing to take reasonable care to protect and control their children.
In Re Tyrell J.: Children And Their Reasonable Expectations Of Privacy, Shelley Davis
In Re Tyrell J.: Children And Their Reasonable Expectations Of Privacy, Shelley Davis
Golden Gate University Law Review
In re Tyrell J. examines the parameters of warrantless searches of juvenile probationers. In Tyrell, the California Supreme Court limited the use of the exclusionary rule as applied to unconstitutional searches. This note will discuss the history of the exclusionary rule and the probation search exceptions. The note will then examine the court's reasoning in Tyrell. The note will conclude by contending that the Tyrell majority disregarded the constitutional protections afforded adult citizens, and in effect reinterpreted the United States Supreme Court's "reasonableness standards."
Spare The Rod, Spoil The Child? A Legal Framework For Recent Corporal Punishment Proposals, Scott Bloom
Spare The Rod, Spoil The Child? A Legal Framework For Recent Corporal Punishment Proposals, Scott Bloom
Golden Gate University Law Review
This comment will highlight some of the legal concerns raised by legislative proposals advocating the introduction of corporal punishment into the American juvenile court. The comment will begin by reviewing the historical use of corporal punishment, contrasting the decline of corporal punishment in the criminal justice system with its continued use in the school system. Although the United States Supreme Court has held that school children are not entitled to the protection of the Eighth Amendment when they are paddled, the comment will contend that ordering juvenile offenders to corporal punishment must be subject to review under the Eighth and …
Learning Disabled Juveniles & Miranda Rights - What Constitutes Voluntary, Knowing, & Intelligent Waiver, Steven A. Greenburg
Learning Disabled Juveniles & Miranda Rights - What Constitutes Voluntary, Knowing, & Intelligent Waiver, Steven A. Greenburg
Golden Gate University Law Review
The specific factual issue addressed in this article is whether the federal waiver standards announced in Connelly require California courts, absent police coercion, to admit the confession of a learning disabled juvenile who waives Miranda rights yet lacks sufficient cognitive ability to understand the rights and consequences of waiving them.