Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Juvenile Justice After Graham V. Florida: Keeping Due Process, Autonomy, And Paternalism In Balance, Kristin N. Henning
Juvenile Justice After Graham V. Florida: Keeping Due Process, Autonomy, And Paternalism In Balance, Kristin N. Henning
Georgetown Law Faculty Publications and Other Works
Legal disputes involving children invariably evoke a complex matrix of issues such as child and adolescent capacity, individual rights and autonomy, parental authority, and in the criminal justice context-diminished culpability for a minor's actions. While it is difficult to identify a clear and cohesive jurisprudence regarding the balance between children's autonomy and children's vulnerability across Supreme Court cases, a series of cases over the last decade, including Roper v. Simmons, Graham v. Florida, and J.D.B. v. North Carolina, offer a more consistent view of children as vulnerable, malleable, and in need of protection, at least in the …