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Articles 1 - 13 of 13
Full-Text Articles in Law
Contextual Determinants Of Re-Reporting For Families Receiving Alternative Response: A Survival Analysis In A Midwestern State, Jianchao Lai, Michelle Graef, Todd Franke, Toby Burnham
Contextual Determinants Of Re-Reporting For Families Receiving Alternative Response: A Survival Analysis In A Midwestern State, Jianchao Lai, Michelle Graef, Todd Franke, Toby Burnham
Center on Children, Families, and the Law: Faculty Publications
Differential response (DR) has been widely adopted in over 30 states to address shortcomings of the traditional approach to child maltreatment reports in complex family and case circumstances. However, despite continued evaluation efforts, evidence of the effectiveness of DR remains inconclusive. The current study aims to assess the impact of a DR program and potential predictors, including service match and number of family case workers, on maltreatment re-reports in a Midwestern state. The study utilized a randomized control trial and assigned eligible families to either the Alternative Response (AR) track or Traditional Response (TR) track. The enrollment was implemented in …
Estimating The Impact Of The Age Of Criminal Majority: Decomposing Multiple Treatments In A Regression Discontinuity Framework, Michael Mueller-Smith, Benjamin David Pyle, Caroline Walker
Estimating The Impact Of The Age Of Criminal Majority: Decomposing Multiple Treatments In A Regression Discontinuity Framework, Michael Mueller-Smith, Benjamin David Pyle, Caroline Walker
Faculty Scholarship
This paper studies the impact of adult prosecution on recidivism and employment trajectories for adolescent, first-time felony defendants. We use extensive linked Criminal Justice Administrative Record System and socio-economic data from Wayne County, Michigan (Detroit). Using the discrete age of majority rule and a regression discontinuity design, we find that adult prosecution reduces future criminal charges over 5 years by 0.48 felony cases (↓ 20%) while also worsening labor market outcomes: 0.76 fewer employers (↓ 19%) and $674 fewer earnings (↓ 21%) per year. We develop a novel econometric framework that combines standard regression discontinuity methods with predictive machine learning …
Rojas Reflects On Law School During A Pandemic, James Owsley Boyd
Rojas Reflects On Law School During A Pandemic, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
During her sophomore year of college, Alexa Rojas was an intake intern with a children’s advocacy center outside of Joliet, Illinois. It sparked the realization that she knew she wanted to make a difference in the lives of kids who have endured abuse and trauma. In her position, Rojas served as the first point of contact for families scheduling forensic interviews with law enforcement and prosecutors. In order to lessen the impact on the victim, substantial logistical work went on behind the scenes to ensure that the child only had to tell their story once—to someone they trusted.
Legislative Update From The 94th General Assembly: Arkansas Bills Affecting Pregnant And Postpartum Mothers, Garrett Bannister
Legislative Update From The 94th General Assembly: Arkansas Bills Affecting Pregnant And Postpartum Mothers, Garrett Bannister
Arkansas Law Notes
In the wake of the U.S. Supreme Court’s landmark decision, Dobbs v. Jackson Women’s Health Org., the State of Arkansas was swift in restricting almost all abortions in the Natural State. Arkansas’s decision was met with plaudits from its supporters and reproval by its dissenters. In this unchartered legal territory, Arkansas’s 94th General Assembly—the first legislative session in the wake of Dobbs—has passed and proposed several bills that would provide pregnant and postpartum mothers and their children with medical and financial assistance. Specifically, these bills would provide pregnant and new mothers with health screenings, help high school-aged parents …
Commodified Inequality: Racialized Harm To Children And Families In The Injustice Enterprise, Daniel L. Hatcher
Commodified Inequality: Racialized Harm To Children And Families In The Injustice Enterprise, Daniel L. Hatcher
All Faculty Scholarship
This article addresses the systemic racialized harm of a vast injustice enterprise, with a focus on the symbiotic operations of agencies and justice systems monetizing vulnerable children and families, including the impact of contractual revenue schemes uncovered in my new book, Injustice, Inc. Our foundational justice systems are permeated by a history of racial injustice, and that history reverberates into factory-like operations that churn children and the poor into revenue. The revenue-generating mechanisms used by juvenile and family courts, prosecutors, probation departments, police, sheriffs, and detention facilities all draw the concerning historical connection—interlinked with the practices of child and …
Human Frailty, Unbreakable Victims And Asylum, Rebecca Sharpless, Kristi E. Wintermeyer
Human Frailty, Unbreakable Victims And Asylum, Rebecca Sharpless, Kristi E. Wintermeyer
Articles
This article analyzes the asylum decisions of immigration agencies and federal appellate courts and demonstrates that the case law driven standard for persecution is out of step with the original meaning of the term, international law standards, and contemporary understanding of how human beings experience physical and mental harm. Medical and psychological evidence establishes that even trauma at the lower end of the spectrum of severity can inflict lasting and debilitating effects on people's health. Yet over the last three decades, virtually no court decisions have decreased the showing of harm needed to establish persecution. To the contrary, courts have …
Disrupting The School-To-Prison Pipeline: The Development Of Strong, Stable Relationships, Mackiah Hoff
Disrupting The School-To-Prison Pipeline: The Development Of Strong, Stable Relationships, Mackiah Hoff
Senior Capstone Papers
The “school-to-prison pipeline” is a disturbing national trend where school policies and practices unjustly funnel children—namely children who are Black and Brown and/or have disabilities—into the Juvenile Justice system. Students of color are far more likely to be suspended, expelled, or arrested for the same kind of behavior as their white peers, and youth with disabilities are acutely affected by schools who ignore due process protections. Such students would benefit from extra supports and resources but instead face zero-tolerance policies, exclusionary discipline, and unreasonable difficulties with re-entry into school. The following research presents a review of current literature as it …
Florida's Baker Act Laws: How Florida's Excessive Use Of Baker Acts Can Be Harmful To Children, Kaitlin Gibbs
Florida's Baker Act Laws: How Florida's Excessive Use Of Baker Acts Can Be Harmful To Children, Kaitlin Gibbs
Gator TeamChild Juvenile Law Clinic
The goal of this White Paper is to provide an overview of Florida’s Baker Act Laws. Additionally, this White Paper will show how the excessive use of Baker Acts in Florida can have harmful effects on children, especially those in the dependency system, and potential solutions to reform the Baker Act process.
The Supreme Court Rolls Back The Clock For Juvenile Justice, Jack Lyons
The Supreme Court Rolls Back The Clock For Juvenile Justice, Jack Lyons
GGU Law Review Blog
For decades, the Supreme Court has protected juveniles from harsh punishments, such as mandatory life without parole (LWOP), by acknowledging that children are different and must be sentenced accordingly. The developmental differences in children make it nearly impossible to determine that a child who commits a crime is beyond hope for rehabilitation. Jones v. Mississippi turned back the clock on juvenile justice by holding that sentencers need not find a child is “permanently incorrigible” before sentencing them to life without parole.
Coming Of Age In The Eyes Of The Law: Theconflict Between Miranda, J.D.B., And Puberty, David M. N. Garavito
Coming Of Age In The Eyes Of The Law: Theconflict Between Miranda, J.D.B., And Puberty, David M. N. Garavito
Articles
Everyone knows that going through puberty is associated with a multitude of changes: physical, mental, hormonal, etc. Fewer people know that when and how fast one goes through puberty can also be associated with changes to one’s legal rights. The Supreme Court of the United States held, in the landmark case of J.D.B. v. North Carolina, that there were many “commonsense conclusions” that could be drawn from how a child’s age would affect their interactions with law enforcement. In that case, the Court was deciding whether age should affect whether a child was considered “in custody” of the police, granting …
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.
“Cops Or Coaches?” The Statutory Role Of Juvenile Probation Officers In A Transformative Age, Justin Iverson, David S. Tanenhaus
“Cops Or Coaches?” The Statutory Role Of Juvenile Probation Officers In A Transformative Age, Justin Iverson, David S. Tanenhaus
Scholarly Works
For more than a century, juvenile justice proponents have had a difficult time precisely defining the proper role of the juvenile probation officer while simultaneously stressing that the juvenile probation department is the “workhorse” of the entire system. Existing literature largely focuses on which aspects of policing and social work these officers should embody while ignoring the foundational moorings in state statutes. This Article offers both a historical account of the rise of the juvenile probation officer and a thorough analysis of each state’s laws regarding peace officer status, employing authority, the power of arrest, and the power to carry …
Community Accountability, M. Eve Hanan, Lydia Nussbaum
Community Accountability, M. Eve Hanan, Lydia Nussbaum
Scholarly Works
This Essay takes a close look at how the idea of community accountability is used in current transformative and restorative justice efforts, situating the concept within the history of delegalization, or a collection of different efforts to reclaim conflict resolution and public safety from the state. In fact, these efforts to reclaim the authority and means of redressing harm from legal systems may track earlier efforts to reclaim dispute resolution from the state. In Part I, we situate both transformative and restorative justice movements in the history of delegalization while noting essential differences between the objectives of these two reform …