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Articles 1 - 30 of 109
Full-Text Articles in Law
Gender Matters In Juvenile Justice, Francine Sherman, Meda Chesney-Lind
Gender Matters In Juvenile Justice, Francine Sherman, Meda Chesney-Lind
Francine T. Sherman
No abstract provided.
The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey
The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith
Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith
Federal Communications Law Journal
The advent of new technologies such as social media websites like MySpace and Facebook have increased the methods through which bullying takes form and causes harm to children and teenagers. As the public has become more aware of the dangers of this new form of bullying, cyberbullying, legislators have responded by proposing legislation to criminalize this type of behavior with varying degrees of success. This Note explains the problem of cyberbullying and evaluates state and federal legislative efforts to combat the issue through criminalization, then argues that prevention through education will be the most effective solution. Unlike criminalization, educational initiatives …
When Juveniles Face Questioning, Tamar R. Birckhead
When Juveniles Face Questioning, Tamar R. Birckhead
Tamar R Birckhead
This op-ed argues that the age of a suspect should be considered when evaluating whether the questioning was custodial, thereby triggering the right to Miranda warnings.
Juvenile Law, Kenneth Hecht
Juvenile Law, Kenneth Hecht
Cal Law Trends and Developments
Review of the 1969 decisions in juvenile law reveals that the courts in California, as elsewhere, have been traumatized by the recent transplant of constitutional due process into the formerly barren soil of the juvenile code. For sixty years, children in most American jurisdictions were hidden from constitutional view. The fiction persisted that they were not tried but treated. If a child carne to the attention of the juvenile court, he did so because his parents had failed to fulfill their function. The court succeeded to their role and, in the name of parens patriae, exercised only the power it …
A Search For The Truth Or Trial By Ordeal: When Prosecutors Cross-Examine Adolescents How Should Courts Respond, Frank E. Vandervort
A Search For The Truth Or Trial By Ordeal: When Prosecutors Cross-Examine Adolescents How Should Courts Respond, Frank E. Vandervort
Articles
It is an axiom of the law that cross-examination is, in John Henry Wigmore's words, the "greatest legal engine ever invented for the discovery of truth." In part because of its perceived utility in getting to the truth of a matter, courts are generally reluctant, despite broad authority to do so, to step in and to govern the conduct of cross-examination. But is cross-examination invariably calculated to ascertain the truth? While most lawyers are familiar with Wigmore's famous quotation, few are familiar with the caveat that shortly follows it: "A lawyer can do anything with cross-examination.. . . He may, …
Award Recipient, Germaine Lawrence Women Of Excellence, Francine Sherman
Award Recipient, Germaine Lawrence Women Of Excellence, Francine Sherman
Francine T. Sherman
No abstract provided.
Turning Troubled Teens Into Career Criminals: Can California Reform The System To Rehabilitate Its Youth Offenders?, Anna L. Benvenue
Turning Troubled Teens Into Career Criminals: Can California Reform The System To Rehabilitate Its Youth Offenders?, Anna L. Benvenue
Golden Gate University Law Review
This Comment proposes a statute mandating institutional reform of California's juvenile system, a necessary legislative step toward enabling the CY A to fulfill its statutory mission and judicial mandate. Changes originally proposed in California S.B. 609 are the first steps on the way to making rehabilitation a reality in the CYA. The approaches found in that bill, along with those found in other legislation, will enable the CYA to comply with its legislative mandate and with the Farrell consent decree.
A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray
A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray
Faculty Scholarship
In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison without the possibility of release for nonhomicide crimes if the perpetrator was under the age of eighteen at the time of his offense. In so holding, Justice Kennedy cited foreign and international law to confirm the Court’s independent judgment. In his dissent, Justice Thomas recited now-familiar objections to the Court’s reliance on these sources. Those objections are grounded in his originalist jurisprudence. In this short invited essay, which expands on prior work, we argue that Justice Thomas should abandon these …
Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier
Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier
Law Student Publications
This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-to-teen sexting.
Towards A New Lens Of Analysis: The History And Future Of Religioius Exemptions To Child Neglect Statutes, Gregory Engle
Towards A New Lens Of Analysis: The History And Future Of Religioius Exemptions To Child Neglect Statutes, Gregory Engle
Law Student Publications
In order to analyze the religious exemptions, this paper will begin with their history. Part II looks at the Child Abuse Prevention and Treatment Act of 1974 (CAPTA) the statute that precipitated their spread, as well as the justifications that it was bolstered upon: Free Exercise of religion and parental rights. The Equal Protection critique follows as Part III, followed by Part IV that discusses the traditional critique, grounded in the Establishment Clause. In Part V, the article will finish with an explanation of why the Equal Protection critique is a much stronger criticism.
Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Jaros
Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Jaros
All Faculty Scholarship
The last two decades have witnessed an astonishing increase in the use of the criminal justice system to police neglectful parents. Recasting traditional allegations of neglect as criminal charges of endangering the welfare of a child, prosecutors and the police have involved criminal courts in the regulation of aspects of the parent child relationship that were once the sole province of family courts. This Article explores the legal implications of vesting judges in these cases with the unfettered discretion to issue protective orders that criminalize contact between a parent and her child. I argue that procedures for issuing protective orders …
Where Are The Parents? Parental Criminal Responsibility For The Acts Of Children, Lisa Lockwood
Where Are The Parents? Parental Criminal Responsibility For The Acts Of Children, Lisa Lockwood
Golden Gate University Law Review
This Comment will examine the legal possibility of imposing parental criminal liability for the crimes committed by the direct acts of their children. Part II of this article will describe the elements required to impose criminal liability, specifically for the convictions of involuntary manslaughter and murder by depraved indifference. These elements are then juxtaposed against those required in civil tort law, which are substantially similar and therefore must apply to hold parents responsible for the deaths of third parties. Next, because parental criminal liability cases have not yet occurred, Part III will investigate cases in which the elements required for …
From Playpens To Prisons: What The Gang Violence And Juvenile Crime Prevention Act Of 1998 Does To California's Juvenile Justice System And Reasons To Repeal It, Sara Raymond
Golden Gate University Law Review
This comment will explore the most significant changes that the Gang Violence and Juvenile Crime Prevention Act (GVJCPA) made to California's juvenile justice system. It will also discuss and propose alternative methods to curb juvenile crime. Part II will examine the juvenile justice system, including the context in which it was created, and juvenile crime across the country. It will then discuss how courts, legislatures, and local governments have confronted the changing nature of juvenile crime, focusing on efforts in California. Part II will also include an introduction to the GVJCPA. Part III will discuss the most important changes that …
Just Another Kid With A Gun? United States V. Michael R.: Reviewing The Youth Handgun Safety Act Under The United States V. Lopez Commerce Clause Analysis, Steven Rosenberg
Just Another Kid With A Gun? United States V. Michael R.: Reviewing The Youth Handgun Safety Act Under The United States V. Lopez Commerce Clause Analysis, Steven Rosenberg
Golden Gate University Law Review
The Lopez decision prompted many defendants, charged under a wide variety of federal statutes, to attack those statutes as unconstitutional under the new "commercial activity" test. The United States Court of Appeals for the Ninth Circuit addressed one such challenge in United States v. Michael R. Section II of this note discusses Michael R.'s facts and procedural history. Section III outlines the history of Commerce Clause jurisprudence, with an emphasis on the recent change in the Supreme Court's review of Congress' use of the commerce power under Lopez. In addition, Section III details the legislative history of the Youth Handgun …
Judicial Discretion Is Insufficient: Minors' Due Process Right To Participate With Counsel When Divorce Custody Disputes Involve Allegations Of Child Abuse, David Peterson
Golden Gate University Law Review
This comment will illustrate how allegations of child abuse in a divorce custody dispute dramatically alter the presumption that the child's interests are well represented. Therefore, appointment of counsel for the child becomes necessary. The author first summarizes current state laws which address this issue and discusses the factors which cause discretionary appointment to fail. Next, the author demonstrates the trend of appellate court decisions and state laws toward mandatory appointment of counsel when abuse is alleged. The author then argues that mandatory appointment is necessitated by due process balancing of the child's and the government's interest. Finally, the author …
Williams V. Garcetti: The Constitutionality Of Holding Parents Criminally Liable For The Acts Of Their Children, Catherine Clements
Williams V. Garcetti: The Constitutionality Of Holding Parents Criminally Liable For The Acts Of Their Children, Catherine Clements
Golden Gate University Law Review
This summary will examine California's effort to curb youth violence through the amendment of Penal Code section 272.10 California Penal Code section 272 prohibits adults from contributing to the delinquency of a minor. The amended portion of Penal Code section 272 mandates parents be held criminally liable for failing to take reasonable care to protect and control their children.
In Re Tyrell J.: Children And Their Reasonable Expectations Of Privacy, Shelley Davis
In Re Tyrell J.: Children And Their Reasonable Expectations Of Privacy, Shelley Davis
Golden Gate University Law Review
In re Tyrell J. examines the parameters of warrantless searches of juvenile probationers. In Tyrell, the California Supreme Court limited the use of the exclusionary rule as applied to unconstitutional searches. This note will discuss the history of the exclusionary rule and the probation search exceptions. The note will then examine the court's reasoning in Tyrell. The note will conclude by contending that the Tyrell majority disregarded the constitutional protections afforded adult citizens, and in effect reinterpreted the United States Supreme Court's "reasonableness standards."
Spare The Rod, Spoil The Child? A Legal Framework For Recent Corporal Punishment Proposals, Scott Bloom
Spare The Rod, Spoil The Child? A Legal Framework For Recent Corporal Punishment Proposals, Scott Bloom
Golden Gate University Law Review
This comment will highlight some of the legal concerns raised by legislative proposals advocating the introduction of corporal punishment into the American juvenile court. The comment will begin by reviewing the historical use of corporal punishment, contrasting the decline of corporal punishment in the criminal justice system with its continued use in the school system. Although the United States Supreme Court has held that school children are not entitled to the protection of the Eighth Amendment when they are paddled, the comment will contend that ordering juvenile offenders to corporal punishment must be subject to review under the Eighth and …
A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray
A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray
David C. Gray
In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison without the possibility of release for nonhomicide crimes if the perpetrator was under the age of eighteen at the time of his offense. In so holding, Justice Kennedy cited foreign and international law to confirm the Court’s independent judgment. In his dissent, Justice Thomas recited now-familiar objections to the Court’s reliance on these sources. Those objections are grounded in his originalist jurisprudence. In this short invited essay, which expands on prior work, we argue that Justice Thomas should abandon these …
Learning Disabled Juveniles & Miranda Rights - What Constitutes Voluntary, Knowing, & Intelligent Waiver, Steven A. Greenburg
Learning Disabled Juveniles & Miranda Rights - What Constitutes Voluntary, Knowing, & Intelligent Waiver, Steven A. Greenburg
Golden Gate University Law Review
The specific factual issue addressed in this article is whether the federal waiver standards announced in Connelly require California courts, absent police coercion, to admit the confession of a learning disabled juvenile who waives Miranda rights yet lacks sufficient cognitive ability to understand the rights and consequences of waiving them.
Kids Are Different, Stephen St.Vincent
Kids Are Different, Stephen St.Vincent
Michigan Law Review First Impressions
The Supreme Court recently handed down its decision in Graham v. Florida. The case involved a juvenile, Graham, who was sentenced to life in prison after being convicted as an adult of a nonhomicidal crime. The offense, a home invasion robbery, was his second; the first was attempted robbery. Due to Florida's abolition of parole, the judge's imposition of a life sentence meant that Graham was constructively sentenced to life without parole for a nonhomicide crime. Graham challenged this sentence as unconstitutional under the Eighth Amendment. Somewhat surprisingly, the Supreme Court invalidated Graham's sentence by a 6-3 majority. By a …
Strong Medicine: Toward Effective Sentencing Of Child Pornography Offenders, Kristin Carlson
Strong Medicine: Toward Effective Sentencing Of Child Pornography Offenders, Kristin Carlson
Michigan Law Review First Impressions
In recent years, possessors of child pornography have entered the federal criminal justice at an alarming rate. In 2006, child pornography cases accounted for sixty-nine percent of the child exploitation cases that were prosecuted federally. Average federal sentences for these offenses also rose sharply, by about 300 percent over the past fourteen years. The mean sentence imposed for child pornography offenses increased from thirty-six months in 1994 to 109 months by 2008. The severe sentences imposed on possessors of child pornography in federal courts have inspired an ongoing deb ate. Critics feel the U.S. Sentencing Guidelines are too harsh on …
College Suicide: A Law And Policy Perspective, Gary Pavela
College Suicide: A Law And Policy Perspective, Gary Pavela
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp
The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What Psychiatry, Developmental Psychology, And Neuroscience Can Teach Us About At- Risk Students, Eileen P. Ryan
What Psychiatry, Developmental Psychology, And Neuroscience Can Teach Us About At- Risk Students, Eileen P. Ryan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Detecting And Engaging At-Risk Students, Ann P. Haas
Detecting And Engaging At-Risk Students, Ann P. Haas
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Insights Gleaned From The Tragedy At Virginia Tech, Lucinda Roy
Insights Gleaned From The Tragedy At Virginia Tech, Lucinda Roy
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What The Governor’S Panel Learned, Aradhana "Bela" Sood
What The Governor’S Panel Learned, Aradhana "Bela" Sood
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Failure To Communicate: Did Privacy Laws Contribute To The Virginia Tech Tragedy?, Richard Brusca, Colin Ram
A Failure To Communicate: Did Privacy Laws Contribute To The Virginia Tech Tragedy?, Richard Brusca, Colin Ram
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.