Law Commons^™

Mullner V. State, 133 Nev. Adv. Op. 98 (Dec. 7, 2017), Joseph K. Fabbi

Nevada Supreme Court Summaries

A court can use offenses committed as a juvenile, but charged and convicted as an adult, when it considers habitual criminal sentencing, especially if the offender’s past convictions are similar to the crime currently being considered for sentencing.

2017 Youth Recidivism: Diversion To Discharge In Maine's Juvenile Justice System, Robyn Dumont, Erica King Msw

Justice Policy

This report summarizes research that examined data for youth involved with the Maine Juvenile Justice System who were diverted, supervised, or released from commitment for the first time from 2010 to 2014. The report describes the cohorts of youth demographically, reviews trends, explores risk levels and length of stay, and examines recidivism and returns to a facility. This research shows that fewer youth are entering the system and that more of those who do are quickly and successfully diverted. It shows that youth supervised in the community are decreasing in risk level and offense severity and that the majority do …

You Learn What You Live: Prevalence Of Childhood Adversity In The Lives Of Juveniles Arrested For Sexual Offenses, Jill S. Levenson, Michael Baglivio, Kevin T. Wolff, Nathan Epps, William Royall, Katherine C. Gomez, Dahlia Kaplan

Publications and Research

Social workers often find themselves working with children or adolescents who have been victims of adverse childhood experiences (ACEs), including youths who have ended up in the juvenile justice system. Childhood trauma has been linked to negative health, mental health, and behavioral outcomes across the lifespan. The aim of this study was to examine the prevalence rates of child maltreatment and household dysfunction in the lives of juveniles who have been arrested for sexual offenses (JSO; n = 6,549). ACE prevalence rates for JSOs were compared by gender to juveniles arrested for other crimes, to adults arrested for sexual offenses, …

A Guide To Juvenile Appellate Practice In Maine, University Of Maine School Of Law

Youth Justice Clinic

In Maine, juvenile appeals are governed by the Maine Juvenile Code and the Maine Rules of Appellate Procedure. The Juvenile Code broadly dictates the types of rulings that a juvenile may appeal, and the Appellate Rules set out the details of how the appeal must proceed in the Law Court.

The Juvenile Code divides appealable rulings into five categories: adjudications, dispositions, detention orders, orders of deferred disposition, and bind-over orders.[1] An adjudication is appealable to the Law Court by right, as long as the appeal is taken after an order of disposition.[2] An order of disposition or any …

A.J. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 28 (June 1, 2017), Briana Martinez

Nevada Supreme Court Summaries

NRS 62C.240 is triggered when circumstances surrounding a juvenile’s arrest plainly demonstrate that the juvenile was arrested for prostitution or solicitation even if the juvenile is charged with offenses other than prostitution or solicitation.

In Re D.T., 133 Nev. Adv. Op. 23 (May 25, 2017), Karson Bright

Nevada Supreme Court Summaries

The Nevada Supreme Court held that the juvenile court properly certified a juvenile as an adult because the seriousness of his offense and his prior adjudications outweighed the subjective factors in Seven Minors. Additionally, the Court held that a court’s certification of cognitively impaired juveniles for adult proceedings does not offend the Eighth Amendment.

Educating Incarcerated Youth In Illinois: A Blended Learning Model, John Sonnenberg

Dissertations

The purpose of this case study was to better understand the reasons behind the apparent continued success of a blended learning educational model in place since 2012 in the Illinois Department of Juvenile Justice (IDJJ). Using a mixed methods approach, data were gathered and analyzed from a variety of records, reports, and other documentation that included: diplomas awarded, courses taken, course completion, enrollment trends, student mobility rates, GED testing information, and special education student enrollment and performance. Data were also gathered through classroom observations and individual and group interviews with the IDJJ district superintendent, principals, and teachers at six different …

The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman

Northwestern Journal of Law & Social Policy

This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.

Protecting America’S Children: Why An Executive Order Banning Juvenile Solitary Confinement Is Not Enough, Carina Muir

Pepperdine Law Review

Despite its devastating psychological, physical, and developmental effects on juveniles, solitary confinement is used in juvenile correctional facilities across the United States. This Comment posits that such treatment violates the Eighth Amendment’s Cruel and Unusual Punishment Clause, the United Nations’ Convention on the Rights of the Child, and the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. It likewise argues that that President Obama’s recent Executive Order banning juvenile solitary confinement is simply not a powerful enough remedy and discusses why it must be paired with Congressional legislation or Supreme Court jurisprudence if it is to …

Comments: When Psychology Answers Constitutional Questions: The Eighth Amendment And Juvenile Sentencing, Emily M. Steiner

University of Baltimore Law Review

While weighing whether or not to turn himself in for murder and surrender to prison, a 23-year-old law student questions the high premium placed on imprisonment as a rehabilitative measure. After finally submitting to imprisonment, however, Rodion Raskolnikov comes to understand the value of atoning for his crimes and how his punishment correlates with societal justice. The balance struck between an appropriate amount of suffering and society’s need for justice is at the heart of Raskolnikov’s character development.

Despite Raskolnikov’s imprisonment and accompanying character transformation, one important question remains unanswered by Fyodor Dostoevsky’s novel: at what point does a punishment …

The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan D. Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman

UF Law Faculty Publications

This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.

Making Room For Juvenile Justice: The Supreme Court's Decision In Montgomery V. Louisiana, Chelsea S. Gumaer

Loyola of Los Angeles Law Review

No abstract provided.

Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig

Journal Articles

While divorcing couples in the United States have been studied for many years, separating unmarried couples and their children have proven more difficult to analyze. Recently there have been successful longitudinal ethnographic and survey-based studies. This piece uses documents from a single Indiana county’s unified family court (called the Probate Court) to trace the effects of race and gender on unmarried families, beginning with a sample of 386 children for whom paternity petitions were brought in four months of 2008. It confirms prior theoretical work on racial differences in noncustodial parenting and poses new questions about how incarceration and gender …