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Articles 1 - 30 of 55
Full-Text Articles in Law
The Legal Significance Of The Psychological Ability To Appreciate The “Other”, Paul F. Rothstein
The Legal Significance Of The Psychological Ability To Appreciate The “Other”, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
Recently the U.S. Supreme Court, citing neurological and psychological studies, held that because juveniles are deficient in appreciating consequences to others, they should never be given the death penalty. The author found, in his years as a legal scholar, educator, and practitioner, that “appreciating the ‘other’”--putting oneself in the position of others---is critical to law and the study of law in more than the obvious ways.
The author became aware of empirical studies and psychological experiments demonstrating that children below a certain age have trouble seeing things from another’s vantage point, and found that the facility to do so develops …
2012 Maine Juvenile Justice Data Book, Becky Noréus, George Shaler Mph, Desiree Girard Mppm
2012 Maine Juvenile Justice Data Book, Becky Noréus, George Shaler Mph, Desiree Girard Mppm
Justice Policy
The 2012 Maine Juvenile Justice Data Book presents a portrait of youth involvement with the Maine juvenile justice system. The data book consists of five sections, (1) Maine Youth Population Trends, (2) Maine Juvenile Justice System Trends, (3) Maine County Trends, (4) Maine Disproportionate Minority Contact (DMC) Trends, and (5) Youth Recidivism Outcomes in Maine.
While Maine’s youth arrest rates are consistently among the lowest in the country, the state faces challenges in ensuring that limited resources are targeted most efficiently and effectively for programs and services aimed at rehabilitating youth who encounter the juvenile justice system. The analyses presented …
"They Are Destroying Our Futures": Sexual Violence Against Girls In Zambia's Schools, Women And Law In Southern Africa Trust-Zambia, Cornell Law School. Avon Global Center For Women And Justice, Cornell Law School. International Human Rights Clinic
"They Are Destroying Our Futures": Sexual Violence Against Girls In Zambia's Schools, Women And Law In Southern Africa Trust-Zambia, Cornell Law School. Avon Global Center For Women And Justice, Cornell Law School. International Human Rights Clinic
Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence
This report examines the problem of sexual violence against girls in Zambian schools. In Zambia, many girls are raped, sexually abused, harassed, and assaulted by teachers and male classmates. They are also subjected to sexual harassment and attack while travelling to and from school. Such abuse is a devastating and often overlooked manifestation of the gender-based violence that occurs in numerous settings in Zambia and other countries throughout the world.
This report explores these issues from an international human rights perspective, drawing upon extensive desk research and interviews with 105 schoolgirls and many other stakeholders in Zambia’s Lusaka Province. The …
Blind Discretion: Girls Of Color & Delinquency In The Juvenile Justice System, Jyoti Nanda
Blind Discretion: Girls Of Color & Delinquency In The Juvenile Justice System, Jyoti Nanda
Publications
The juvenile justice system was designed to empower its decisionmakers with a wide grant of discretion in hopes of better addressing youth in a more individualistic and holistic, and therefore more effective, manner. Unfortunately for girls of color in the system, this discretionary charter given to police, probation officers, and especially judges has operated without sufficiently acknowledging and addressing their unique position. Indeed, the dearth of adequate gender/race intersectional analysis in the research and the stark absence of significant system tools directed at the specific characteristics of and circumstances faced by girls of color have tracked alarming trends such as …
Juvenile Delinquency: An Investigation Of Risk Factors And Solutions., Lauren Cardoso
Juvenile Delinquency: An Investigation Of Risk Factors And Solutions., Lauren Cardoso
Pell Scholars and Senior Theses
This article proposes that educational and community based programs can help juveniles stay away from crime and prevent recidivism. A presentation of federal and state statistics, along with an analysis of the risk factors for delinquency, will be provided in order to illustrate the important areas that should be addressed in successful programs. Testimonies, including personal interviews with those who have experience working at the RI Training School, DCYF, Boys' Town, Child and Family Services will be shared as evidence of the research found. Finally, recommendations based on the findings will be proposed.
2012 Maine Child Support Guidelines: Review And Recommendations, Sally Ward Mppm, Janice Daley Msw, Barbara Fraumeni Phd, George Shaler Mph, Eileen Griffin Jd, Melanie Knox Ba, Laurie Hallett, Louis Mandeville Ms
2012 Maine Child Support Guidelines: Review And Recommendations, Sally Ward Mppm, Janice Daley Msw, Barbara Fraumeni Phd, George Shaler Mph, Eileen Griffin Jd, Melanie Knox Ba, Laurie Hallett, Louis Mandeville Ms
Children, Youth, & Families
This report summarizes the quadrennial review of Maine's child support guidelines conducted by the USM Muskie School , which complies with federal law requiring each state's child support guidelines be reviewed at least once every four years. Principle findings of the extensive review by the Muskie School show that many aspects of Maine's child support system work well. Maine's low deviation rate reflects a reasonably high level of consistency in apply the guidelines, and in large part, protect the needs and interests of the children. The report provides background and overview of child support modes and the Maine guidelines, and …
Children Aren't Adults, Even When They Kill, Reichi Lee
Children Aren't Adults, Even When They Kill, Reichi Lee
Publications
No abstract provided.
The Legal Significance Of Adolescent Development On The Right To Counsel: Establishing The Constitutional Right To Counsel For Teens In Child Welfare Matters And Assuring A Meaningful Right To Counsel In Delinquency Matters, Michael J. Dale, Jennifer K. Pokempner, Riya Saha Shah, Mark F. Houldin, Robert G. Schwartz
The Legal Significance Of Adolescent Development On The Right To Counsel: Establishing The Constitutional Right To Counsel For Teens In Child Welfare Matters And Assuring A Meaningful Right To Counsel In Delinquency Matters, Michael J. Dale, Jennifer K. Pokempner, Riya Saha Shah, Mark F. Houldin, Robert G. Schwartz
Faculty Scholarship
No abstract provided.
Prea 101 For Juvenile Justice Agencies, Brenda V. Smith
Prea 101 For Juvenile Justice Agencies, Brenda V. Smith
Presentations
No abstract provided.
Recidivism Rates Of Committed Youth, 2006 - 2009, Becky Noreus, Robyn Dumont
Recidivism Rates Of Committed Youth, 2006 - 2009, Becky Noreus, Robyn Dumont
Justice Policy
The Maine Department of Corrections (MDOC) Division of Juvenile Services (DJS) collaborates with the Muskie School of Public Service in a state‐university partnership to analyze juvenile recidivism rates. DJS measures juvenile justice outcomes to guide policy and program development geared toward recidivism reduction. Reduction of youth recidivism in Maine increases public safety.
This report uses multiple recidivism measures: re‐arrest, re‐adjudication/conviction, and recommitment. To be consistent with other reports, most analysis focuses on re‐adjudication/conviction.
This report measures DJS impact on youth who have been committed to a MDOC facility by examining rates of recidivism.
The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg
The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg
Faculty Scholarship
This article is a continuation of a discussion as to why, as a matter of Florida constitutional law, public policy, and professional ethics, Florida's children need independent attorneys from the inception of all dependency and termination of parental rights cases to their completion. It is based upon events which have occurred since the authors' last article on this topic in the Nova Law Review, including the Barahona case, the resolution by the American Bar Association (ABA) in August 2011 at its Annual Convention in Toronto adopting the ABA Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency …
Purpose Vs. Power: Parens Patriae And Agency Self-Interest, Daniel L. Hatcher
Purpose Vs. Power: Parens Patriae And Agency Self-Interest, Daniel L. Hatcher
All Faculty Scholarship
The purpose of human service agencies to serve vulnerable populations such as abused and neglected children derives from the common law doctrine of parens patriae, embodying the inherent role of the state as parent of the country. However, along with this foundational purpose, the parens patriae doctrine also provides power that is illusive to public knowledge and oversight. To maintain their cloak of power, the very agencies created to fulfill the parens patriae obligations — to protect the rights of children — have systematically battled the children’s efforts to claim those rights as their own. Also, the agencies have now …
Every Adolescent Deserves A Parent, Dale Margolin Cecka
Every Adolescent Deserves A Parent, Dale Margolin Cecka
Law Faculty Publications
This article argues that all adolescents, indeed all human beings, deserve at least one parent—one person who takes the good with the bad because that person’s life is intertwined with the child’s. The child matters to the parent in a way that a friend, nephew, or foster child may not. Child welfare professionals must never lose sight of this principle when they recruit, train, and maintain parents for adolescents. The parent can be someone who is already in the young person’s life or someone who has been unable to parent in the past, but is now ready to secure that …
Juvenile Justice And Racial Disproportionality: A Presentation To The Washington State Supreme Court, Fred T. Korematsu Center For Law And Equality, Robert Chang
Juvenile Justice And Racial Disproportionality: A Presentation To The Washington State Supreme Court, Fred T. Korematsu Center For Law And Equality, Robert Chang
Fred T. Korematsu Center for Law and Equality
Juvenile Justice and Racial Disproportionality: A Presentation to the Washington State Supreme Court
Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin Cecka
Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin Cecka
Law Faculty Publications
Author examines spoliation in child welfare litigation and provides ideas for preserving evidence and improvement record-keeping.
The Historical, Jurisprudential, And Empirical Wisdom Of Parental Responsibility Laws, Eve M. Brank, Leroy Scott
The Historical, Jurisprudential, And Empirical Wisdom Of Parental Responsibility Laws, Eve M. Brank, Leroy Scott
Department of Psychology: Faculty Publications
The parent-child relationship is woven deep within historical and contemporary culture, but strong retributive ideals have led to blaming parents because of their presumed vicarious role in juvenile crime. The current article will discuss the history, forms, legal challenges, and empirical research related to parental involvement laws in the United States. The parent-child relationship provides the historical framework behind the separate juvenile justice parens patriae system; however, with the juvenile justice system not as successful as originally imagined, blame has shifted to the parents. We examine the potential constitutional implications of enacting and enforcing parental involvement statutes and ordinances and …
Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef
Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef
Center on Children, Families, and the Law: Faculty Publications
The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin's tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners' understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA.
In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling …
American Indian Women And Sexual Assault: Challenges And New Opportunities, Angela R. Gebhardt, Jane D. Woody
American Indian Women And Sexual Assault: Challenges And New Opportunities, Angela R. Gebhardt, Jane D. Woody
Center on Children, Families, and the Law: Faculty Publications
This article informs social workers about sexual violence against American Indian and Alaskan Native (AI/AN) women and the policy reforms in the 2010 Tribal Law and Order Act (TLOA). It describes the unmet needs of AI/AN survivors, reviews the TLOA reforms on sexual assault in relation to social work and public health principles, discusses the complementary roles for social workers and public health practitioners in reform efforts, and offers guidance for professional participation that emphasizes tribal sovereignty, indigenous capacity, and cultural competence.
Promising Criminal Justice Practices In Human Trafficking Cases: A County-Level Comparitive Overview (2005-2010) With An Emphasis On Cases Involving Children, Angela Inzano
Center for the Human Rights of Children
The aim of the project is to review and analyze other similarly sized counties as Cook County, with large, metropolitan centers across the country, in order to identify best practice, challenges and efforts that have led to successful case outcomes. This research project identifies and synthesizes cases from 2005-2010 that involved human trafficking and developed at county-level law enforcement agencies and task forces across the United States. Where possible, cases involving minors will be high-lighted, in order to address distinct issues facing children who have been victimized by human trafficking. Best practices in victim identification, case investigation, perpetrator prosecution, and …
Don't Forget Dad: Addressing Women's Poverty By Rethinking Forced And Outdated Child Support Policies, Daniel L. Hatcher
Don't Forget Dad: Addressing Women's Poverty By Rethinking Forced And Outdated Child Support Policies, Daniel L. Hatcher
All Faculty Scholarship
In the dialogues regarding reducing poverty among women, especially mothers, the inextricably linked issues surrounding low-income men must be simultaneously considered. In social policy addressing women’s poverty, poor fathers have too often been considered primarily as an enemy to be pursued rather than a fellow victim of poverty’s wrath, and potential partner towards the cure. We want someone to blame, and many assume that poor single mothers are best served by always being encouraged — and even forced — to pursue the noncustodial fathers for financial support through adversarial means. Mothers applying for public assistance are forced to sue the …
Public Input For City Budgeting Using E-Input, Face-To-Face Discussions, And Random Sample Surveys: The Willingness Of An American Community To Increase Taxes, Alan Tomkins, Rick D. Hoppe, Mitch Herian, Lisa M. Pytlikzillig, Tarik Abdel-Monem, Nancy Shank
Public Input For City Budgeting Using E-Input, Face-To-Face Discussions, And Random Sample Surveys: The Willingness Of An American Community To Increase Taxes, Alan Tomkins, Rick D. Hoppe, Mitch Herian, Lisa M. Pytlikzillig, Tarik Abdel-Monem, Nancy Shank
Lisa PytlikZillig Publications
Regular public input into a city's budget is frequently associated with municipal budgeting in Brazilian cities, successes in public engagement that have been emulated around the world. American communities are adopting the practice to varying degrees. This paper will report on a five-year old public input program that is taking place in Lincoln, Nebraska, the capital city of a politically conservative state in the U.S. We discuss the processes we use to engage the public about the City's budget. The process includes regular online input as well as face-to-face, deliberative discussions. On occasions, random sample surveys also have been used. …
Introduction: Evolving Standards In Juvenile Justice From Gault To Graham And Beyond, Mae C. Quinn
Introduction: Evolving Standards In Juvenile Justice From Gault To Graham And Beyond, Mae C. Quinn
Journal Articles
This collection of articles explores the ongoing evolution of juvenile justice standards, sharing important theoretical insights about the current state of the law as well as experience-based lessons from committed juvenile practitioners who confront important youth justice issues in our communities and courts. It is being published in conjunction with Washington University‘s 12th annual Access to Equal Justice Colloquium, which this year sought to bring together stakeholders from the national, state, and local levels to share and build juvenile justice expertise during a day-long conference.2 Our goal was to consider where we have been, where we are now, and where …
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Carol’S Question, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Carol’S Question, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports
focusing on sexual minority youth
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Sheila’S Dilemma, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Sheila’S Dilemma, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports
focusing on female youth age 14-18
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Mary’S Friend, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Mary’S Friend, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports
focusing on female youth age 10-13
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Charlie’S Report, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Charlie’S Report, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports
focusing on male youth age 10-13
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Billy Speaks Out, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Billy Speaks Out, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports
focusing on male youth age 14-18
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark Weber
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark Weber
College of Law Faculty
Thirty years old in 2012, Board of Education v. Rowley is the case that established a some-benefit or floor-of-opportunity standard for the services public school districts must provide to children who have disabilities. But the some-benefit approach is by no means the only one the Court could have adopted. It could have endorsed the view of the lower courts that each child with a disability must be given the opportunity to achieve his or her potential commensurate with the opportunity offered other children. Or it could have adopted a standard based on achievement of the child’s full potential or the …
The Delinquent “Toddler”, Merril Sobie
The Delinquent “Toddler”, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
Twenty-first century juvenile justice jurisprudence has focused on the criminal responsibility of adolescents, including, notably, the interface between psychological and neurological development and social accountability. The focus has led to a growing awareness that teenagers should not be equated with or held as accountable as adults. For example, several states, including Connecticut, Illinois, and Mississippi, have raised the age of criminal responsibility from 16 or 17 to 18, with a corresponding expansion of juvenile court jurisdiction. Of potentially greater significance, the principle of diminished criminal responsibility has gained credibility. Witness, for example, the US Supreme Court holding that capital punishment …
Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry
Adolescent Medical Decision Making And The Law Of The Horse, Amanda C. Pustilnik, Leslie Meltzer Henry
Faculty Scholarship
Legal and ethical regimes relating to adolescent medical decision making resemble what Judge Frank H. Easterbrook derisively called “the Law of the Horse”: Many laws deal with horses, he wrote, but there is no such field as “horse law.” Similarly, even though the United States has juvenile and family courts, as well as pediatric and adolescent medical departments, there is not a distinct field of “adolescent medical decision-making law” or ethics; there are just many disparate policies that implicate or impinge upon decisions made by adolescents. These include state laws ranging from those that permit minors to seek treatment for …