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Full-Text Articles in Law
Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead
Toward A Theory Of Procedural Justice For Juveniles, Tamar R. Birckhead
Tamar R Birckhead
Courts and legislatures have long been reluctant to make use of the data, findings, and recommendations generated by other disciplines when determining questions of legal procedure affecting juveniles, particularly when the research has been produced by social scientists. However, given the United States Supreme Court’s recent invocation of developmental psychology in Roper v. Simmons, which invalidated the juvenile death penalty, there is reason to believe that such resistance is waning. In 2005 the Simmons Court found, inter alia, that based on research on adolescent development, juveniles are not as culpable as adults and, therefore, cannot be classified among the “worst …
What’S Wrong With Victims’ Rights In Juvenile Court?: Retributive V. Rehabilitative Systems Of Justice, Kristin N. Henning
What’S Wrong With Victims’ Rights In Juvenile Court?: Retributive V. Rehabilitative Systems Of Justice, Kristin N. Henning
Georgetown Law Faculty Publications and Other Works
While scholars have written extensively about the victims’ rights movement in capital and criminal cases, there has been very little discussion about the intersection of victims’ rights and the juvenile justice system. Statutes that allow victims to attend juvenile hearings and present oral and written impact statements have shifted the juvenile court’s priorities and altered the way judges think about young offenders. While judges were once primarily concerned with the best interests of the delinquent child, victims’ rights legislation now requires juvenile courts to balance the rehabilitative needs of the child with other competing interests such as accountability to the …