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Articles 1 - 30 of 49
Full-Text Articles in Law
The Proactive Model: How To Better Protect The Right To Special Education For Incarcerated Youth, John Bignotti
The Proactive Model: How To Better Protect The Right To Special Education For Incarcerated Youth, John Bignotti
Indiana Law Journal
The Individuals with Disabilities Education Act (IDEA) guarantees access to a specialized, appropriate public education for youth with disabilities in the United States. While progress has been made and this right to education extends to incarcerated youth as well as those outside the juvenile justice system, there is nonetheless a fundamental limitation on how this federal requirement is imposed in the carceral context: it is enforced through primarily reactive mechanisms. Lawsuits, state compliance regimes, and consent decrees can hold states and juvenile facilities accountable after systemic failures to comply with the IDEA; however, the inherent inconsistency and slow pace of …
Rethinking Juvenile Rehabilitation: Presumptive Waiver And Alternative Sentencing In Indiana, S. Reese Sobol Ii
Rethinking Juvenile Rehabilitation: Presumptive Waiver And Alternative Sentencing In Indiana, S. Reese Sobol Ii
Indiana Law Journal
Indiana’s juvenile justice system, like all systems of juvenile justice, is premised on rehabilitation. And while Indiana is far from an outdated, overly punitive system, there are several tangible opportunities for improvement. Indiana enacted an alternative sentencing scheme for juvenile offenders waived into adult court in 2013, but alternative sentencing has not been implemented in an effective manner yet. Furthermore, Indiana’s statutory system of waiver contains several aspects that are inconsistent with, or simply fail to account for, modern social science understandings.
This Comment seeks to expound upon relevant social science principles within the context of juvenile justice in order …
The Limits Of Child Pornography, Carissa Byrne Hessick
The Limits Of Child Pornography, Carissa Byrne Hessick
Indiana Law Journal
Although the First Amendment ordinarily protects the creation, distribution, and possession of visual images, the Supreme Court has declared that those protections do not apply to child pornography. But the Court has failed to clearly define child pornography as a category of speech. Providing a precise definition of the child pornography exception to the First Amendment has become increasingly important because recent years have seen a dramatic increase in the penalties associated with the creation, distribution, and possession of child pornography.
This Article proposes a clear definition of the child pornography exception. It argues that an image ought to fall …
Review For Release: Juvenile Offenders, State Parole Practices, And The Eighth Amendment, Sarah F. Russell
Review For Release: Juvenile Offenders, State Parole Practices, And The Eighth Amendment, Sarah F. Russell
Indiana Law Journal
State parole boards have historically operated free from constitutional constraints when making decisions about whether to release prisoners. Recent Supreme Court decisions subject states to a new constitutional requirement to provide a “meaningful opportunity to obtain release” for at least some categories of juvenile offenders. Using original data collected through a survey, this Article provides the first comprehensive description of existing parole board release procedures nationwide and explores whether these practices comply with the Court’s Eighth Amendment mandate.
The Court’s recent decisions in Graham v. Florida and Miller v. Alabama prohibit sentences of life without the possibility of release (LWOP) …
The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara
The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara
Indiana Law Journal
Over the past century, while advocates of prison nurseries have applauded their individual and societal benefits, opponents have criticized their touchy-feely undertones, arguing that children do not belong behind bars. New York instituted the first modern prison nursery program in 1901 at its Bedford Hills facility, and the nursery has existed ever since. The federal government and a number of other states have followed suit in developing programs that, to varying degrees, give mothers and infants an opportunity to remain together until the infant reaches a particular age. The requirements for such programs vary by state but generally only permit …
The Paradox Of Statutory Rape, Russell L. Christopher, Kathryn H. Christopher
The Paradox Of Statutory Rape, Russell L. Christopher, Kathryn H. Christopher
Indiana Law Journal
What once protected only virginal girls under the age of ten now also protects sexually aggressive males under the age of eighteen. While thirteenth-century statutory rape law had little reason to address the unthinkable possibility of chaste nine-year-old girls raping adult men, twenty-first-century statutory rape law has failed to address the modern reality of distinctly unchaste seventeen-year-old males raping adult women. Despite dramatically expanding statutory rape’s protected class, the minimalist thirteenth-century conception of the offense remains largely unchanged—intercourse with a juvenile. Overlooked is the new effect of this centuries-old offense—a sexually aggressive seventeen-year-old raping an adult now exposes the adult …
The Uses And Abuses Of Religion In Child Custody Cases: Parents Outside The Wall Of Separation, Joshua S. Press
The Uses And Abuses Of Religion In Child Custody Cases: Parents Outside The Wall Of Separation, Joshua S. Press
Indiana Law Journal
Religious custody disputes such as those at the Fundamentalist Church of Jesus Christ of Latter-Day Saints compound in April, 2008 are very complex and are finding their way into courts with increasing regularity. This Essay argues that in responding to these religious custody disputes, courts should abstain from either analyzing a parent’s religious practices for their perceived “risks of harm” to the child, or from applying a flat rule to ensure that the custodial parent’s religious preferences take primacy. Instead, courts should employ the actual or substantial harm standard—which would only bar a parent from fully practicing her religion if …
What About The Children? A Call For Regulation Of Assisted Reproductive Technology, Cahterine A. Clements
What About The Children? A Call For Regulation Of Assisted Reproductive Technology, Cahterine A. Clements
Indiana Law Journal
No abstract provided.
Midwestern Juvenile Drug Courts: Analysis & Recommendations, Nicole A. Kozdron
Midwestern Juvenile Drug Courts: Analysis & Recommendations, Nicole A. Kozdron
Indiana Law Journal
No abstract provided.
Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder
Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush
Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
Children As Witnesses: A Symposium On Child Competence And The Accused's Right To Confront Child Witnesses, Aviva A. Orenstein
Children As Witnesses: A Symposium On Child Competence And The Accused's Right To Confront Child Witnesses, Aviva A. Orenstein
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
Kids Say The Darndest Things: The Prosecutorial Use Of Hearsay Statements By Children, Tom Lininger
Kids Say The Darndest Things: The Prosecutorial Use Of Hearsay Statements By Children, Tom Lininger
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna
The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
Juvenile Competency Statutes: A Model For State Legislation, Kellie M. Johnson
Juvenile Competency Statutes: A Model For State Legislation, Kellie M. Johnson
Indiana Law Journal
No abstract provided.
The Price We Are Willing To Pay For Punitive Justice In The Juvenile Detention System: Mentally Ill Delinquents And Their Disproportionate Share Of The Burden, Jessica Ann Garascia
The Price We Are Willing To Pay For Punitive Justice In The Juvenile Detention System: Mentally Ill Delinquents And Their Disproportionate Share Of The Burden, Jessica Ann Garascia
Indiana Law Journal
No abstract provided.
Preserving The Purchasing Power Of Child Support Awards: Can The Use Of Escalator Clauses Be Justified After The Family Support Act?, Sarah K. Funke
Preserving The Purchasing Power Of Child Support Awards: Can The Use Of Escalator Clauses Be Justified After The Family Support Act?, Sarah K. Funke
Indiana Law Journal
No abstract provided.
Kids Behind Bars: The Legality Of Incarcerating Juveniles In Adult Jails, Kristina H. Chung
Kids Behind Bars: The Legality Of Incarcerating Juveniles In Adult Jails, Kristina H. Chung
Indiana Law Journal
No abstract provided.
The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore
The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore
Indiana Law Journal
No abstract provided.
Visitation Beyond The Traditional Limitations, Michael J. Lewinsky
Visitation Beyond The Traditional Limitations, Michael J. Lewinsky
Indiana Law Journal
No abstract provided.
The National Debate And State Level Response: The New Indiana Juvenile Code (Symposium Introduction), Dan Hopson
The National Debate And State Level Response: The New Indiana Juvenile Code (Symposium Introduction), Dan Hopson
Indiana Law Journal
The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium
Transfer Between Courts Under The Indiana Juvenile Code, Robert Batey
Transfer Between Courts Under The Indiana Juvenile Code, Robert Batey
Indiana Law Journal
The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium
This Code Is Rated "R" - Second-Class Citizenship Under Indiana's New Juvenile Code, J. Richard Keifer
This Code Is Rated "R" - Second-Class Citizenship Under Indiana's New Juvenile Code, J. Richard Keifer
Indiana Law Journal
The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium
Jurisdiction Over Misbehaving Children And Their Parents Under The New Indiana Juvenile Law, Lee E. Teitelbaum
Jurisdiction Over Misbehaving Children And Their Parents Under The New Indiana Juvenile Law, Lee E. Teitelbaum
Indiana Law Journal
The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium
A Judicial Response To The New Juvenile Code, J. Brandon Griffis
A Judicial Response To The New Juvenile Code, J. Brandon Griffis
Indiana Law Journal
The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium
At Long Last Credibility: The Role Of The Attorney For The State Under Indiana's New Juvenile Code, David W. Bahlmann, Stephen J. Johnson
At Long Last Credibility: The Role Of The Attorney For The State Under Indiana's New Juvenile Code, David W. Bahlmann, Stephen J. Johnson
Indiana Law Journal
The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium
Waiver In Indiana-A Conflict With The Goals Of The Juvenile Justice System, Jacqueline Simmons
Waiver In Indiana-A Conflict With The Goals Of The Juvenile Justice System, Jacqueline Simmons
Indiana Law Journal
No abstract provided.
Pins Jurisdiction, The Vagueness Doctrine, And The Rule Of Law, All Katz, Lee E. Teitelbaum
Pins Jurisdiction, The Vagueness Doctrine, And The Rule Of Law, All Katz, Lee E. Teitelbaum
Indiana Law Journal
No abstract provided.
Parental Consent Abortion Statutes: The Limits Of State Power, Barbara Freedman Wand
Parental Consent Abortion Statutes: The Limits Of State Power, Barbara Freedman Wand
Indiana Law Journal
No abstract provided.
Authorization Of A Petition Of Delinquency: The Juvenile's Right To A Preliminary Hearing And Standards Limiting Judicial Discretion, James Dickson
Authorization Of A Petition Of Delinquency: The Juvenile's Right To A Preliminary Hearing And Standards Limiting Judicial Discretion, James Dickson
Indiana Law Journal
No abstract provided.