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Articles 1 - 8 of 8
Full-Text Articles in Law
Juvenile Justice & Diminished Criminal Culpability, Mitchell F. Crusto
Juvenile Justice & Diminished Criminal Culpability, Mitchell F. Crusto
University of Miami Law Review
When regulating the bad, albeit illegal, choices made by minors, the law is conflicted. On the one hand, we have a clear national policy to ensure the safety of and to promote the positive development of our young people, yet we simultaneously criminalize minors who make bad choices. This conundrum raises a quintessential jurisprudential flaw in our legal system: We lack a unifying, overarching principle that guides the law’s relationship with minors. In a companion piece, I pose and explore such a unifying principle, which I coin as the “best interest of the minor” standard (“BIMS”). Consequently, this Article applies …
Juvenile Status Offenses: The Prejudicial Underpinnings Of The Juvenile Justice System, Zachary Auspitz
Juvenile Status Offenses: The Prejudicial Underpinnings Of The Juvenile Justice System, Zachary Auspitz
University of Miami Race & Social Justice Law Review
No abstract provided.
Taking The Direct File Statute To Criminal Court: Immigration Consequences For Juveniles, Marlon J. Baquedano
Taking The Direct File Statute To Criminal Court: Immigration Consequences For Juveniles, Marlon J. Baquedano
University of Miami Race & Social Justice Law Review
Florida is one of fifteen jurisdictions in the United States that have enacted a direct file statute that grants prosecutors the ability to transfer juveniles from the juvenile justice system to adult court. Critiques of the direct file statute have focused on its effectiveness on deterrence and recidivism, its arbitrariness in application, and the tension with the role of juvenile justice in reforming rather than punishing youth. This Note explores the harmful consequences of the direct file statute on non-citizen youth in immigration proceedings and the probability of obtaining immigration relief. An adult conviction as opposed to a juvenile delinquency …
The Use Of Coercion In The Child Maltreatment Investigation Field: A Comparison Of American And Scottish Perspectives, Daniel Pollack, Kirsteen Mackay, Katie Shipp
The Use Of Coercion In The Child Maltreatment Investigation Field: A Comparison Of American And Scottish Perspectives, Daniel Pollack, Kirsteen Mackay, Katie Shipp
University of Miami International and Comparative Law Review
No abstract provided.
"Waiving" Goodbye To Juvenile Defendants, Getting Smart Vs. Getting Tough, Cynthia R. Noon
"Waiving" Goodbye To Juvenile Defendants, Getting Smart Vs. Getting Tough, Cynthia R. Noon
University of Miami Law Review
No abstract provided.
Warning: Television Violence May Be Harmful To Children; But The First Amendment May Foil Congressional Attempts To Legislate Against It, Laura B. Schneider
Warning: Television Violence May Be Harmful To Children; But The First Amendment May Foil Congressional Attempts To Legislate Against It, Laura B. Schneider
University of Miami Law Review
No abstract provided.
Beyond Parens Patriae: Assuring Timely, Informed, Compassionate Decisionmaking For Hiv-Positive Children In Foster Care, Deborah Weimer
Beyond Parens Patriae: Assuring Timely, Informed, Compassionate Decisionmaking For Hiv-Positive Children In Foster Care, Deborah Weimer
University of Miami Law Review
No abstract provided.
After Rowley: The Handicapped Child's Right To An Appropriate Education, Laura Gangemi
After Rowley: The Handicapped Child's Right To An Appropriate Education, Laura Gangemi
University of Miami Law Review
No abstract provided.