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- Administration of Juvenile Justice (2)
- Due Process of Law (2)
- Juvenile Offenders (2)
- Atkins v. Virginia (536 U.S. 304 (2002)) (1)
- Capital Punishment (1)
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- Convention on the Rights of the Child (1)
- Cruel and Unusual Punishment (1)
- Expert Evidence (1)
- International Law (1)
- Medellin v. Texas 552 U.S. 491 (2008)) (1)
- Mentally Disabled Persons (1)
- Original Intent (1)
- Right to Trial by Jury (1)
- Roper v. Missouri ex rel. Simmons (543 U.S. 551 (2005)) (1)
- Treaties (1)
- United States Constitution 8th Amendment (1)
- Virginia (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
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 …
Redefining The Supremacy Clause In The Global Age: Reconciling Medellin With Original Intent, Sarah Elizabeth Nokes
Redefining The Supremacy Clause In The Global Age: Reconciling Medellin With Original Intent, Sarah Elizabeth Nokes
William & Mary Bill of Rights Journal
No abstract provided.
Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf
Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf
William & Mary Bill of Rights Journal
The juvenile justice system has become increasingly punitive in recent decades. While the juvenile justice system has come to resemble the adult system in this way, juveniles facing adjudication nevertheless are denied the essential Sixth Amendment due process right. This Note will argue that the Louisiana Supreme Court decided State ex rel. D.J. incorrectly and, further, will demonstrate that the nation as a whole should revisit the place of juries in juvenile proceedings.
Access Denied: Incarcerated Juveniles And Their Right Of Access To Courts, Amy E. Webbink
Access Denied: Incarcerated Juveniles And Their Right Of Access To Courts, Amy E. Webbink
William & Mary Bill of Rights Journal
In the current flux of an increasingly punitive juvenile justice system, one of the system's great injustices receives little attention. Unconstitutional conditions of confinement for juveniles do not receive appropriate legal exposure. Challenges to these conditions are more difficult in light of the Supreme Court's recent restriction of a prisoner's right of access to the courts. This Note will analyze why a different standard of "meaningful access" is necessary to protect juveniles.