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Full-Text Articles in Law
Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott
Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott
Faculty Scholarship
The law governing children is complex, sometimes appearing almost incoherent. The relatively simple framework established in the Progressive Era, in which parents had primary authority over children, subject to limited state oversight, has broken down over the past few decades. Lawmakers started granting children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, and legally incompetent beings. As children emerged as legal persons, children’s rights advocates challenged the rationale for parental authority, contending that robust parental rights often harm children. And a wave of punitive reforms in response to juvenile crime in the 1990s undermined …
Juvenile Incarceration And The Pains Of Imprisonment, Jeffrey Fagan, Aaron Kupchik
Juvenile Incarceration And The Pains Of Imprisonment, Jeffrey Fagan, Aaron Kupchik
Faculty Scholarship
After legislatures criminalized a major portion of juvenile delinquency in the 1980s and 1990s, large numbers of incarcerated youth began serving their sentences in adult correctional facilities. To understand the ramifications of this practice, prior research studies compared the correctional experiences of youth in juvenile and adult facilities. Yet this research often minimized the pains of imprisonment for youth in juvenile facilities, based on the contrast to adult facilities and the toxic conditions of confinement within them. In this Article, we contribute to this literature by analyzing data from interviews with 188 young men incarcerated in juvenile and adult facilities …