Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Recidivism (3)
- Texas (3)
- Death penalty (2)
- Deportation (2)
- Deterrence (2)
-
- Immigration (2)
- Juvenile offenders (2)
- Mass incarceration (2)
- Mexico (2)
- Miller v. Alabama (2)
- Parens patriae (2)
- Prison (2)
- Punishment (2)
- Rehabilitation (2)
- Roper v. Simmons (2)
- St. Mary's University School of Law (2)
- St. Mary’s Law Journal (2)
- St. Mary’s University School of Law (2)
- 14th Amendment (1)
- 2 Strikes law (1)
- 3 Strikes Law (1)
- ABA (1)
- ADA (1)
- Adequate treatment (1)
- Adolescent development (1)
- African American (1)
- African-American (1)
- American Bar Association (1)
- American criminal justice system (1)
- Americans with Disabilities Act (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 17 of 17
Full-Text Articles in Law
Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences, Kyle Jenkins
Texas Juvenile Justice: The Need For A “Second Look” At Juvenile Prison Sentences, Kyle Jenkins
St. Mary's Law Journal
No abstract provided.
Taking Corrigibility Seriously, Dora Klein
Taking Corrigibility Seriously, Dora Klein
Faculty Articles
This article argues that the Supreme Court's creation of a category of "irreparably corrupt" juveniles is not only an epistemological mistake but also a tactical mistake which has undermined the Court's express desire that only in the "rarest" of cases will juveniles be sentenced to life in prison without the possibility of parole.
The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson
The Mother Of Exiles Is Abandoning Her Children: The Systemic Failure To Protect Unaccompanied Minors Arriving At Our Borders, Rosa M. Peterson
The Scholar: St. Mary's Law Review on Race and Social Justice
Unaccompanied minors arrive at the United States border every day. Many brought by the hope of finding a life lived without fear, a luxury many United States citizens take for granted. Their truths become the barriers and shackles which keep them in detention centers and unaccompanied minor facilities throughout the United States; children find their very words wielded as weapons against them in immigration court. Words often spoken to therapists in perceived confidence, during counseling sessions. This practice is a systemic failure to protect unaccompanied minors arriving at our borders who are seeking protection and help. The United States …
Maternity Rights: A Comparative View Of Mexico And The United States, Roberto Rosas
Maternity Rights: A Comparative View Of Mexico And The United States, Roberto Rosas
The Scholar: St. Mary's Law Review on Race and Social Justice
Women play a large role in the workplace and require additional protection during pregnancy, childbirth, and while raising children. This article compares how Mexico and the United States have approached the issue of maternity rights and benefits. First, Mexico provides eighty-four days of paid leave to mothers, while the United States provides unpaid leave for up to twelve weeks. Second, Mexico allows two thirty-minute breaks a day for breastfeeding, while the United States allows a reasonable amount of time per day to breastfeed. Third, Mexico provides childcare to most federal employees, while the United States provides daycares to a small …
No Path To Redemption: Evaluating Texas’S Practice Of Sentencing Kids To De Facto Life Without Parole In Adult Prison, Lindsey Linder, Justin Martinez
No Path To Redemption: Evaluating Texas’S Practice Of Sentencing Kids To De Facto Life Without Parole In Adult Prison, Lindsey Linder, Justin Martinez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz
Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz
The Scholar: St. Mary's Law Review on Race and Social Justice
In 2017, the Texas legislature amended Texas Penal Code § 42.092, which governs acts of cruelty against non-livestock animals. The statute in its current form makes torturing, killing, or seriously injuring a non-livestock animal a third degree felony, while less serious offenses carry either a state jail felony or a Class A misdemeanor charge.
While a step in the right direction, Texas law is not comprehensive in that it fails to address a significant aspect of animal cruelty offenses: mental illness. For over fifteen years, Texas Family Code § 54.0407 has required psychiatric counseling for juveniles convicted of cruelty to …
Mitigating Risk, Eradicating Slavery, Ramona Lampley
Mitigating Risk, Eradicating Slavery, Ramona Lampley
Faculty Articles
For U.S. companies with forced labor or child labor in the supply chain, litigation is on the rise. This Article surveys the current litigation landscape involving forced labor in the supply chain. It ultimately concludes that domestic corporations that source from international suppliers should adopt the Model Contract Clauses drafted by the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts ("Working Group"). This Article traces the origins of cases involving supply chain forced labor, beginning with the early employee negligence cases that form the backdrop of existing case law and the cornerstone of …
Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu
Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger
St. Mary's Law Journal
Abstract forthcoming
Deterrence, David Crump
Non-Sexual Predators: The Negative Implications Of Required Registration For Non-Sexual Offenses, Alexandra Vargas
Non-Sexual Predators: The Negative Implications Of Required Registration For Non-Sexual Offenses, Alexandra Vargas
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Crossover Court: An Integration Of Child Welfare And Juvenile Justice, And The Next Step In The Reformation Of The Juvenile System In Texas., Samantha Coleman
The Crossover Court: An Integration Of Child Welfare And Juvenile Justice, And The Next Step In The Reformation Of The Juvenile System In Texas., Samantha Coleman
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Right To Treatment For Juveniles In Texas: A Legislative Proposal., Mark H. Marshall
The Right To Treatment For Juveniles In Texas: A Legislative Proposal., Mark H. Marshall
St. Mary's Law Journal
Studies of adult prison populations show large percentages of such populations are juvenile offenders. The right to treatment concept emerged as a solution to this perplexing problem. The right to treatment guarantees juveniles post-adjudicative care and treatment aimed at rehabilitation. Courts have indicated a willingness to support the right to treatment concept. However, legislatures limit courts power to affect change. To fully implement the right to treatment, legislatures must establish an express right to treatment for institutionalized juveniles and set standards to ensure this right. The Texas Legislature has an excellent start toward this goal, but it should not be …
Reaching Age Seventeen Does Not Render Appeal Of Waiver Moot But Only Prevents A Remand If The Case Is Reversed., Cynthia Hollingsworth Cox
Reaching Age Seventeen Does Not Render Appeal Of Waiver Moot But Only Prevents A Remand If The Case Is Reversed., Cynthia Hollingsworth Cox
St. Mary's Law Journal
Abstract Forthcoming.
Vernon's Annotated Texas Civil Statutes Article 2338-1, Section 3(F), Defining Delinquent Child As One Who Habitually So Deports Himself As To Injure Or Endanger The Morals Or Health Of Himself Or Others, Is Not Unconstitutionally Vague., Raul Garcia
St. Mary's Law Journal
Abstract Forthcoming.
To Insure Due Process And Equal Protection, Such Facts As Are Necessary To Adjudicate A Child Delinquent Must Be Proved Beyond A Reasonable Doubt Rather Than By A Preponderance Of The Evidence., G. P. Hardy Iii
St. Mary's Law Journal
Abstract Forthcoming.
Due Process And The Juvenile Offender., Carlos Cadena
Due Process And The Juvenile Offender., Carlos Cadena
St. Mary's Law Journal
For over sixty years, courts consistently found notions of due process inapplicable in juvenile proceedings. The goal of the juvenile court movement was to establish systems of education and protection of errant children, rather than deterrence and retribution. To accomplish these results, the juvenile court was shorn of all resemblance to criminal courts. Public hearings were to be avoided and the intervention of counsel was not required, since the juvenile judge represented both the child and the state. However, it became clear that children were receiving the protection of the state because they engaged in criminal conduct and with little …