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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 …
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 …