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2003

Juvenile Law

Institution
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Articles 1 - 23 of 23

Full-Text Articles in Law

Mental Health Of Incarcerated Juveniles In Nevada: Final Report, Nevada Institute For Children's Rerearch And Policy, University Of Nevada, Las Vegas, Jennifer Petsonius, Denise Tanata, Michelle Chino Dr Dec 2003

Mental Health Of Incarcerated Juveniles In Nevada: Final Report, Nevada Institute For Children's Rerearch And Policy, University Of Nevada, Las Vegas, Jennifer Petsonius, Denise Tanata, Michelle Chino Dr

Nevada Institute for Children's Research and Policy Reports

The prevalence of mental health problems in the juvenile offender population is substantially higher than that of the general population (Cocozza & Skowyra, 2000). Studies estimate that one in five juvenile offenders has serious mental health problems, which is nearly twice the rate of occurrence of mental illness in children and adults in the general population (NMHA Fact Sheet #l). However, there have been several methodological problems encountered in previous research. These include the use of inconsistent definitions and measurements of mental illness; the use of biased, nonrandom samples, a reliance on retrospective case report data, and the use of non-standard measurement instruments (Coccozza & Skowyra, 2000).

All these factors can cause confusion on the actual prevalence rates of mental illness in the juvenile offender population. From other studies, tentative estimates of specific disorders prevalent among incarcerated youth are as follows: "50-90% with conduct disorder, up to 46% with attention deficit disorder, 6-41%with anxiety disorders, 25-50%with substance abuse or dependence, 32-78 ...


Delinquency Jurisdiction In A Unified Family Court: Balancing Intervention, Prevention, And Adjudication, Gloria Danziger Oct 2003

Delinquency Jurisdiction In A Unified Family Court: Balancing Intervention, Prevention, And Adjudication, Gloria Danziger

All Faculty Scholarship

This article will examine the demographics of the current juvenile delinquency caseloads and will argue that, despite trends toward greater punitive measures-including placement of juveniles in adult courts for certain offenses, the concept of a therapeutic "family-centered court," which inspired Jane Addams and her colleagues, remains the most promising approach to delinquency, articulated most notably by the proponents of the unified family court concept. The article will consider and address objections and concerns raised with respect to this approach, looking at ways in which several states have incorporated juvenile delinquency into a family-centered unified family court.


Breaking The Cycle Of Defeat For 'Deadbroke' Noncustodial Parents Through Advocacy On Child Support Issues, Daniel L. Hatcher, Hannah Lieberman May 2003

Breaking The Cycle Of Defeat For 'Deadbroke' Noncustodial Parents Through Advocacy On Child Support Issues, Daniel L. Hatcher, Hannah Lieberman

All Faculty Scholarship

The child support system is not serving low-income families well. Custodial parents are not receiving the child support they need. Enforcement of child support for lowincome parents receiving welfare primarily benefits the state because the payments are owed to the government. Low-income noncustodial parents face unrealistically high child support orders and large arrearages take so much of their wages that they cannot support themselves. They go to jail-often recurrently-because they cannot meet their obligations and thereby lose the opportunity to keep a job. Their driver's licenses are suspended because they have not paid their support. To evade this punitive ...


Written Testimony Of Professor Ralph Ruebner On House Bill 1507: Jury Trial In Parental Termination Cases, Illinois 93rd General Assembly (April 1, 2003), Ralph Ruebner Apr 2003

Written Testimony Of Professor Ralph Ruebner On House Bill 1507: Jury Trial In Parental Termination Cases, Illinois 93rd General Assembly (April 1, 2003), Ralph Ruebner

Court Documents and Proposed Legislation

No abstract provided.


When Individual Differences Demand Equal Treatment: An Equal Rights Approach To The Special Needs Of Girls In The Juvenile Justice System, Francine Sherman, Marsha L. Levick Apr 2003

When Individual Differences Demand Equal Treatment: An Equal Rights Approach To The Special Needs Of Girls In The Juvenile Justice System, Francine Sherman, Marsha L. Levick

Boston College Law School Faculty Papers

This article argues that disparities girls face in the juvenile justice system can be remedied by employing equal rights analysis including the federal Equal Protection Clause, state Equal Rights Amendments, and Title IX of the Education Amendments of 1972. Unlike the adult prison context, in which equal protection and Title IX have had limited success, the juvenile justice system is premised on individualized rehabilitative justice. Where differences between male and female offenders have undermined equal rights challenges in the adult arena, in the juvenile justice system differences among individual youth are acknowledged, and dispositions are driven by those individual needs ...


Birth Registration: An Essential First Step Toward Ensuring The Rights Of All Children, Jonathan Todres Mar 2003

Birth Registration: An Essential First Step Toward Ensuring The Rights Of All Children, Jonathan Todres

Faculty Publications By Year

Birth registration, the official recording of a child's birth by a government agency, is one of the most important events in a child's life. Birth registration establishes the existence of the child under law and provides the foundation for ensuring many of the child's rights. Although birth registration alone does not guarantee that a child will have access to adequate health care, receive an education, or be free from abuse or exploitation, its absence leaves a child at greater risk of a range of human rights violations. Despite the importance of birth registration, according to UNICEF, approximately ...


Help For Youths Leaving Foster Care, Michele Benedetto Neitz Feb 2003

Help For Youths Leaving Foster Care, Michele Benedetto Neitz

Publications

No abstract provided.


Ub Viewpoint – Creation Of A Caring Justice System, Barbara A. Babb Feb 2003

Ub Viewpoint – Creation Of A Caring Justice System, Barbara A. Babb

All Faculty Scholarship

No abstract provided.


The Other Violence: Domestic Penal Power Over Children In Chilean Law, Jaime Couso Jan 2003

The Other Violence: Domestic Penal Power Over Children In Chilean Law, Jaime Couso

SELA (Seminario en Latinoamérica de Teoría Constitucional y Política) Papers

The aim of this essay is to examine the relationship between violence and the law in domestic life, and in particular violence exercised on children. The starting-point is an institution of republican family law in the 19th century, which goes back to colonial times, and which I have chosen to call “penal domestic power” over children, which represents a form of legalized domestic violence. It consists of the faculty of the father to punish his son physically, and when that was not enough, to imprison him, for which he could count on help from the public authority.


La Otra Violencia: Poder Penal Doméstico Sobre Los Niños En El Derecho Chileno, Jaime Couso Jan 2003

La Otra Violencia: Poder Penal Doméstico Sobre Los Niños En El Derecho Chileno, Jaime Couso

SELA (Seminario en Latinoamérica de Teoría Constitucional y Política) Papers

Este ensayo tiene por objeto examinar las relaciones entre violencia y Derecho en la vida doméstica, en particular la violencia ejercida sobre los niños. El punto de partida es una institución del Derecho de familia republicano del siglo XIX, que se remonta a la Colonia, que he querido llamar “poder penal doméstico” sobre los niños y que representa una forma de violencia doméstica legalizada. Consiste en la facultad del padre de castigar físicamente a su hijo y, cuando ello no fuere suficiente, de encarcelarlo, para lo cual contaba con el auxilio de la autoridad pública.


The United Nations And The Magna Carta For Children, Winston E. Langley Jan 2003

The United Nations And The Magna Carta For Children, Winston E. Langley

John M. McCormack Graduate School of Policy and Global Studies Publications

The impulse that invited the preparation of this book is one which is linked to the convergence of a number of factors bearing on my interest in human rights. First, the brutality visited on children during World War II has had an abiding negative effect on my sense of what is possible in human conduct. Second, I am persuaded that children are not simply the means by which human societies are continued, but, as well, the potential source of moral revitalization and transformation for those societies. Third, I recognize that the human rights movement, which followed World War II, holds ...


Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush Jan 2003

Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush

UF Law Faculty Publications

This paper explores the harm of teaching The Adventures of Huckleberry Finn in public school classrooms. Such harm can be broadly described as emotional segregation, which occurs when society sanctions disrespect. To illustrate the effects of emotional segregation, this article explores the reaction Black students and parents have to the novel to that of White students and parents. White students eagerly imagine being Huck and going on his adventures. Black students, however, cannot and should not even be asked to try to imagine being Huck and betraying their racial identity. But then who are the Black students supposed to identify ...


Child Placement Decisions: The Relevance Of Facial Resemblance And Biological Relationships, David J. Herring Jan 2003

Child Placement Decisions: The Relevance Of Facial Resemblance And Biological Relationships, David J. Herring

Articles

This article discusses two studies of evolution and human behavior addressing child-adult relationships and explores implications for policies and practices surrounding placement of children in foster homes. The first study indicates that men favor children whose facial features resemble their own facial features. This study may justify public child welfare decisionmakers in considering facial resemblance as they attempt to place children in safe foster homes.

The second study indicates that parents are likely to invest more in children who are biologically related to them, thus enhancing their long term well-being. Among other implications, this study may justify public child welfare ...


Book Review, David S. Tanenhaus Jan 2003

Book Review, David S. Tanenhaus

Scholarly Works

This concise book explores the origins and early history of the Cook County Juvenile Court, the world’s first such court. The court, which opened on July 3, 1899, in Chicago, reflected its founders’ profound faith both in science to solve social problems and the power of the state to provide for the best interests of its children. Yet, as Getis argues, the juvenile court did not live up to its initial promise, and “instead of a place of experimentation and reform—which it could have been—or a place of individualized justice guided by science—perhaps an unattainable goal ...


Captive Audiences, Children And The Internet, William D. Araiza Jan 2003

Captive Audiences, Children And The Internet, William D. Araiza

Faculty Scholarship

No abstract provided.


Mental Health Assessment Of Minors In The Juvenile Justice System, Mike Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin Jan 2003

Mental Health Assessment Of Minors In The Juvenile Justice System, Mike Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin

Journal Articles

Recent reports recognize that children and adolescents with undiagnosed mental illnesses make up a significant proportion of youth in the juvenile justice system. In determining how to rehabilitate youth in the juvenile justice system, judges, lawyers, and probation officers are starting to look at mental health problems as one element contributing to delinquent behavior. It is becoming more common for attorneys to request “mental health assessments” for their juvenile clients. Problems arise, however, in determining what specifically constitutes such an assessment, and in deciding what to do with this information once it is obtained. In 2001, the Illinois Cook County ...


Why Defenders Feel Defensive, Jane M. Spinak Jan 2003

Why Defenders Feel Defensive, Jane M. Spinak

Faculty Scholarship

The newest version of problem-solving courts has scarcely reached adolescence. Many of these courts remain in the "model" stage, attempting to create a structure and vision that will have a transformative, systemic effect. Others, drug courts in particular, have proliferated across the country and are on the verge of going to scale in many states. Lawyers representing individual clients in these courts are struggling to identify, define and perform their professional duties, at the same time that the courts are being created. To understand why it is a struggle, we need to contextualize the lawyers' experiences: what is it about ...


Atkins, Adolescence And The Maturity Heuristic: Rationales For A Categorical Exemption For Juveniles From Capital Punishment, Jeffrey Fagan Jan 2003

Atkins, Adolescence And The Maturity Heuristic: Rationales For A Categorical Exemption For Juveniles From Capital Punishment, Jeffrey Fagan

Faculty Scholarship

In Atkins v. Virginia, the U.S. Supreme Court held that mentally retarded people lacked a range of developmental capacities that were necessary to establish the higher threshold of culpability for the execution of murderers in the Court's death penalty jurisprudence. The Court emphasized that the impairments of mental retardation lead to a ... special risk of wrongful execution. The Court had previously concluded that the limitations in developmental capacities that characterize mentally retarded defendants also characterize a significant proportion of adolescent offenders. These parallels invite an extension of the Atkins Court's reasoning to juveniles by highlighting the diminished ...


Blaming Youth, Elizabeth S. Scott, Laurence Steinberg Jan 2003

Blaming Youth, Elizabeth S. Scott, Laurence Steinberg

Faculty Scholarship

In March of 2001, a fourteen-year-old Florida boy named Lionel Tate was sentenced to life in prison without parole for killing six-year-old Tiffany Eunick during a wrestling match that took place when Lionel was twelve years old. Lionel was convicted of first degree murder on the ground that the killing was the result of aggravated child abuse, a crime that contemplates injury of a child by an adult caretaker. His conviction and sentence have prompted much debate and discussion – about his case and, more generally, about the criminal punishment of young offenders. Although the verdict and Lionel's sentence received ...


Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael J. Jenuwine, Gene Griffin Jan 2003

Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael J. Jenuwine, Gene Griffin

Articles by Maurer Faculty

No abstract provided.


Building Criminal Capital Behind Bars: Peer Effects In Juvenile Corrections, Patrick J. Bayer, Randi Pintoff, David Pozen Jan 2003

Building Criminal Capital Behind Bars: Peer Effects In Juvenile Corrections, Patrick J. Bayer, Randi Pintoff, David Pozen

Faculty Scholarship

This paper analyzes the influence that juvenile offenders serving time in the same correctional facility have on each other's subsequent criminal behavior. The analysis is based on data on over 8,000 individuals serving time in 169 juvenile correctional facilities during a two-year period in Florida. These data provide a complete record of past crimes, facility assignments, and arrests and adjudications in the year following release for each individual. To control for the non-random assignment to facilities, we include facility fixed effects, thereby estimating peer effects using only within-facility variation over time. We find strong evidence of peer effects ...


Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin Jan 2003

Mental Health Assessment Of Minors In The Juvenile Justice System, Michael Jenuwine, Curtis Heaston, Diane N. Walsh, Gene Griffin

Articles by Maurer Faculty

No abstract provided.


Strangers And Brothers: A Homily On Transracial Adoption, Carl E. Schneider Jan 2003

Strangers And Brothers: A Homily On Transracial Adoption, Carl E. Schneider

Articles

The common law speaks to us in parables. Ours is Drummond v. Fulton County Department of Family and Children's Services. Just before Christmas 1973, a boy named Timmy was born to a white mother and a black father. A month later, his mother was declared unfit, and the Department of Family and Children Services placed Timmy with white foster parents - Robert and Mildred Drummond. The Drummonds were "excellent" and "loving" parents, and Timmy grew into "an extremely bright, highly verbal, outgoing 15-month baby boy." Then the Drummonds asked to adopt Timmy. The Department's reviews of the Drummonds' devotion ...