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Articles 1 - 21 of 21

Full-Text Articles in Law

Understanding The Overrepresentation Of Youths With Disabilities In Juvenile Detention, Peter E. Leone Phd., Barbara A. Zaremba, Michelle S. Chapin, Curt Iseli Sep 1995

Understanding The Overrepresentation Of Youths With Disabilities In Juvenile Detention, Peter E. Leone Phd., Barbara A. Zaremba, Michelle S. Chapin, Curt Iseli

University of the District of Columbia Law Review

Youths with disabling conditions are grossly overrepresented among those detained and confined in juvenile correction systems. Some of the behavior of youths with disabling conditions can be misinterpreted as dangerousness and/or as posing a risk of flight prior to a dispositional hearing. The cognitive and language abilities of some youths may contribute to their poor presentation to juvenile court intake workers and others within the juvenile justice system. This Article briefly profiles four youths with disabling conditions detained at the District of Columbia's Oak Hill Juvenile Detention Center, and discusses how behavior associated with disabling conditions (i.e., learning disabilities, emotional …


Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant Sep 1995

Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant

University of the District of Columbia Law Review

This Note examines the appropriate evidentiary standard for pretrial detention decisions in Juvenile Court in the District of Columbia. Currently, there is no authority mandating the standard of proof that is to be applied to the pretrial detention of juveniles. To ensure that all juveniles receive the same protections, one evidentiary standard must be applied at all pretrial detention hearings. Based upon adult and juvenile pretrial detention statutes, the case law construing those statutes, and the standard courts employ in adult civil commitment procedures, the appropriate standard is the "clear and convincing evidence" standard of proof. In order to afford …


Pre-Initial Hearing Detention: Are The Police Department And Social Services Intake Following The Law?, Henry A. Escoto Sep 1995

Pre-Initial Hearing Detention: Are The Police Department And Social Services Intake Following The Law?, Henry A. Escoto

University of the District of Columbia Law Review

No abstract provided.


Appendix A: Participants, University Of The District Of Columbia Law Review Sep 1995

Appendix A: Participants, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.


The Role Of The Probation Officer In Intake: Stories From Before, During, And After The Delinquency Initial Hearing, Joseph B. Tulman Sep 1995

The Role Of The Probation Officer In Intake: Stories From Before, During, And After The Delinquency Initial Hearing, Joseph B. Tulman

University of the District of Columbia Law Review

The juvenile probation intake officer stands at the threshold of the delinquency system, ideally positioned to attach to a child the label "bad," "sad," "mad," or "can't add"-or no label at all.' By attaching the delinquency system label of "bad," the probation intake officer determines who makes it into the delinquency system and, in a real sense, who "doesn't make it." The central hypothesis of this Article is that a carefully crafted role exists in the law for the juvenile probation office and that intake probation officers do not properly understand and execute their role before, during, and after initial …


Reactions And Solutions, Sheryl Brissett-Chapman Phd., Joyce Burrell, George W. Mitchell Sep 1995

Reactions And Solutions, Sheryl Brissett-Chapman Phd., Joyce Burrell, George W. Mitchell

University of the District of Columbia Law Review

No abstract provided.


The Right Of Children In The Juvenile Justice System To Inclusion In The Federally Mandated Child Welfare Services System, Jeanne Asherman-Jusino Sep 1995

The Right Of Children In The Juvenile Justice System To Inclusion In The Federally Mandated Child Welfare Services System, Jeanne Asherman-Jusino

University of the District of Columbia Law Review

The District of Columbia has one of the highest juvenile detention rates and the longest juvenile detention stays of any jurisdiction in the country.' Almost half of the children in Oak Hill, the District's secure juvenile detention facility, have no record of violent or serious offenses. 2 The District's large scale use of detention has increased, rather than decreased, crime. By placing young children charged with minor offenses, such as shoplifting, in daily contact with habitual violent juvenile offenders, Oak Hill serves as a training school for criminal behavior.3


Appendix B: February-March, 1995 Court Monitoring Report, University Of The District Of Columbia Law Review Sep 1995

Appendix B: February-March, 1995 Court Monitoring Report, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.


Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie Sep 1995

Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie

University of the District of Columbia Law Review

Judges sitting on the Superior Court of the District of Columbia routinely order children into secure detention who require no more restrictive confinement than that provided by shelter care. Despite a statutory presumption against detention, and a superior court rule that prohibits substituting secure detention for shelter care,' the District inappropriately places children into secure detention simply because there is a lack of bed space in youth shelter houses. The deprivation of liberty that occurs when a juvenile is placed in secure detention rather than shelter care is required neither for the protection of the community nor for the welfare …


Juvenile Detention Law In The District Of Columbia: A Practitioner's Guide, Milton Lee, John Copacino, Paul Holland Sep 1995

Juvenile Detention Law In The District Of Columbia: A Practitioner's Guide, Milton Lee, John Copacino, Paul Holland

University of the District of Columbia Law Review

No abstract provided.


Juvenile Detention To "Protect" Children From Neglect, Margaret Beyer Phd. Sep 1995

Juvenile Detention To "Protect" Children From Neglect, Margaret Beyer Phd.

University of the District of Columbia Law Review

The primary purpose of juvenile detention is to protect the community from dangerous young people while they wait for their cases to be heard in court.' From a developmental perspective, juvenile detention should occur less frequently than adult detention because juveniles need to be with family members and are perhaps more vulnerable to emotional harm from incarceration than adults. Recognized risks of detention include exposing naive, previously victimized youth to larger, older juveniles with delinquency histories. Other risks include interference with the juvenile's relationship with family and attendance in school.


Race And National Origin As Influential Factors In Juvenile Detention, Arthur L. Burnett Sr. Sep 1995

Race And National Origin As Influential Factors In Juvenile Detention, Arthur L. Burnett Sr.

University of the District of Columbia Law Review

The focus of this Article, however, is on the more pervasive problem of overzealous police officers acting on less than probable cause or even less than reasonable articulable suspicion. Police officers may frequently act on hunches or suspicions with the attitude that their actions will not be questioned, especially when the victim is a minor and may not be savvy enough to know his or her legal rights. Officers may believe they can act with impunity because of the combination of socio-economic conditions in public housing areas and in other low-income housing areas, or where there are a substantial number …


Systemic Critique And Transformation, Edward J. Loughran, Donna Wulkan, Jerome G. Miller Ph.D. Sep 1995

Systemic Critique And Transformation, Edward J. Loughran, Donna Wulkan, Jerome G. Miller Ph.D.

University of the District of Columbia Law Review

No abstract provided.


Appendix C: Juvenile Detention Statute And Rule, University Of The District Of Columbia Law Review Sep 1995

Appendix C: Juvenile Detention Statute And Rule, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.


Appendix D: Key Juvenile Detention Attribute By State, University Of The District Of Columbia Law Review Sep 1995

Appendix D: Key Juvenile Detention Attribute By State, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.


Children With Disabilities In Detention: Legal Strategies To Secure Release, Mary G. Hynes Sep 1995

Children With Disabilities In Detention: Legal Strategies To Secure Release, Mary G. Hynes

University of the District of Columbia Law Review

No abstract provided.


A Matter Of Trust: Imposing Employer Vicarious Liability For The Intentional Torts Of Employees, Shana L. Malinowski Mar 1995

A Matter Of Trust: Imposing Employer Vicarious Liability For The Intentional Torts Of Employees, Shana L. Malinowski

University of the District of Columbia Law Review

No abstract provided.


The Constitutionality Of Racial Redistricting: A Critique Of Shaw V. Reno, Frank R, Parker Mar 1995

The Constitutionality Of Racial Redistricting: A Critique Of Shaw V. Reno, Frank R, Parker

University of the District of Columbia Law Review

No abstract provided.


Opening The Door To The Grand Jury: Abandoning Secrecy For Secrecy's Sake, George Edward Dazzo Mar 1995

Opening The Door To The Grand Jury: Abandoning Secrecy For Secrecy's Sake, George Edward Dazzo

University of the District of Columbia Law Review

The grand jury in the United States is hailed by its proponents as an indispensable buffer of protection from malicious and unfounded prosecution by the State. Critics, however, liken the investigatory body to a rubber stamp of the prosecutor, analogous to early English grand jurors who were subject to the influences of the Monarch. Criticism of the grand jury often focuses on the grand jury's potential for oppression rather than protection of the individual.' In particular, it is the secrecy of the grand jury that sparks the most debate.'


Johnson V. De Grandy: Mixed Messages On Equal Electoral Opportunity Under Section 2 Of The Voting Rights Act, Brenda Wright Mar 1995

Johnson V. De Grandy: Mixed Messages On Equal Electoral Opportunity Under Section 2 Of The Voting Rights Act, Brenda Wright

University of the District of Columbia Law Review

Johnson v. De Grandy' is Florida's contribution to the burgeoning Supreme Court jurisprudence addressing the redistricting which followed the 1990 Census.2 That round of redistricting has been heavily influenced by Section 2 of the Voting Rights Act of 1965, which Congress amended in 1982 to prohibit election practices that deny minorities an equal opportunity to participate in the political process andelect candidates of their choice to office.3 Because the composition of election districts may have a powerful impact on the ability of racial or ethnic minorities to elect candidates of their choice to office, 4 redistricting is among the practices …


Holder V. Hall: Blinking At Minority Voting Rights, Laughlin Mcdonald Mar 1995

Holder V. Hall: Blinking At Minority Voting Rights, Laughlin Mcdonald

University of the District of Columbia Law Review

Parts I and II of this Article discuss the sole commissioner form of government in Bleckley County and the nature and disposition of plaintiffs' Section 2 challenge in the lower courts. Part III analyzes the decision of the Supreme Court, its formalistic construction of Section 2, and the Court's retreat from voting rights enforcement. Part IV is a critique of the concurring opinion of Justice Thomas and responds to his arguments that the creation of majority-minority districts improperly embroils the courts in political theorizing and is a form of segregation. This Article concludes with a discussion of the critical role …