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Articles 1 - 30 of 45
Full-Text Articles in Law
Evidence—Former Testimony Exception To The Hearsay Rule Poses Unexpected Hazards To Parents Who Testify In Juvenile Court Probable Cause Hearings. Hamblen V. State, 44 Ark. App. 43 (1993)., Joel P. Landreneau
University of Arkansas at Little Rock Law Review
No abstract provided.
Understanding The Overrepresentation Of Youths With Disabilities In Juvenile Detention, Peter E. Leone Phd., Barbara A. Zaremba, Michelle S. Chapin, Curt Iseli
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
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
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
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
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
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
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
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
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
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.
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.
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.
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
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
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
Children With Disabilities In Detention: Legal Strategies To Secure Release, Mary G. Hynes
University of the District of Columbia Law Review
No abstract provided.
Parents And The State: Joining Forces To Report Incest And Support Its Victims, Lynne Olman Lourim
Parents And The State: Joining Forces To Report Incest And Support Its Victims, Lynne Olman Lourim
University of Michigan Journal of Law Reform
As many as 60,000 to 100,000 children each year become victims of child sexual abuse in this country, according to some estimates. These children typically suffer long-lasting effects of the abuse. This Note, in focusing on (step)father-daughter incest, looks at the predominance of males as perpetrators, daughters as victims, and mothers as non-abusers. The Note examines the dynamics within incestuous families and the characteristics common to each member in these families. It particularly considers the position of mothers in these families, who often are subservient to and financially dependent on the incest perpetrator. This Note then discusses how these mothers' …
The Trend Of Juvenile Justice In The United States, England, And Ireland, Sharon K. Hamric-Weis
The Trend Of Juvenile Justice In The United States, England, And Ireland, Sharon K. Hamric-Weis
Penn State International Law Review
No abstract provided.
On The Duties And Rights Of Parents, Carl E. Schneider
On The Duties And Rights Of Parents, Carl E. Schneider
Articles
The law of the family is the law of the absurd. Law is a system of rules administered institutionally, and thus it must treat people categorically. When law regulates economic life, it finds people at arguably their most schematic, motivated-perhaps-by a relatively unitary conception of their interest pursued in relatively rational ways. But in family life, people are at their least schematic and at their most frustratingly human, various, idiosyncratic, irrational, and perverse, and the law's efforts to affect them are thus often quixotic. In Parents as Fiduciaries, 1 Professor Scott and Dean Scott strikingly and boldly deploy the …
Serious And Habitual Juvenile Offender Statutes: Reconciling Punishment And Rehabilitation Within The Juvenile Justice System, Julianne P. Sheffer
Serious And Habitual Juvenile Offender Statutes: Reconciling Punishment And Rehabilitation Within The Juvenile Justice System, Julianne P. Sheffer
Vanderbilt Law Review
In early 1994, an American teenager was caned by Singapore authorities after his conviction for various acts of vandalism. This highly publicized punishment sparked sharp controversies in the United States. Amnesty International, along with many columnists, condemned Michael Fay's sentence as too harsh, given his youth and the non-violent nature of the crime.' The American public, by contrast, strongly supported the punishment. Apparently, many Americans felt that if tougher sanctions were imposed on youths who committed criminal acts in this country, our delinquency levels would more closely resemble Singapore's almost negligible offense rates. Given the widely held perception that America's …
The Age Of Criminal Responsibility In An Era Of Violence: Has Great Britain Set A New International Standard?, Stephanie J. Millet
The Age Of Criminal Responsibility In An Era Of Violence: Has Great Britain Set A New International Standard?, Stephanie J. Millet
Vanderbilt Journal of Transnational Law
With the alarming rise of juvenile crime and violence during the past decade, policymakers across the international community have struggled to develop effective juvenile criminal justice systems apart from the existing systems tailored to adults. The wide variations in methods and philosophies utilized in different states indicate that there is no consensus on the proper treatment of young offenders. Using the recent Bulger case as a focus, this Note examines two competing paradigms of juvenile justice found within the British juvenile justice system, with particular emphasis on the age of criminal responsibility. After discussing recent developments in Great Britain's juvenile …
Whatever Happened To The "Best Interests" Analysis In New York Relocation Cases? A Response, Merril Sobie
Whatever Happened To The "Best Interests" Analysis In New York Relocation Cases? A Response, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
This response to Justice Sondra Miller’s article will first discuss the competing interests and expectations of the parties to a relocation dispute, and briefly outline the national view or views. In fact, there is no national standard, or anything approaching a consensus among the states. The New York experience under the exceptional circumstances standard will then be analyzed and appraised. My conclusion is that the standard should be maintained, although I believe that the Court of Appeals should revisit the issue to clarify the factors and criteria relevant to a determination.
The Juvenile Death Penalty: In The Best Interests Of The Child?, Suzanne D. Strater
The Juvenile Death Penalty: In The Best Interests Of The Child?, Suzanne D. Strater
Loyola University Chicago Law Journal
No abstract provided.
Perinatal Transmission Of Hiv: Cause For The Resurrection Of Wrongful Life, 27 J. Marshall L. Rev. 393 (1994), John F. Hernandez
Perinatal Transmission Of Hiv: Cause For The Resurrection Of Wrongful Life, 27 J. Marshall L. Rev. 393 (1994), John F. Hernandez
UIC Law Review
No abstract provided.
School Choice: American Elementary And Secondary Education Enter The Adapt Or Die Environment Of Competitive Marketplace, 29 J. Marshall L. Rev. 75 (1995), Jonathan B. Cleveland
School Choice: American Elementary And Secondary Education Enter The Adapt Or Die Environment Of Competitive Marketplace, 29 J. Marshall L. Rev. 75 (1995), Jonathan B. Cleveland
UIC Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Juvenile Detention Law In The District Of Columbia: A Practitioner’S Guide, Paul Holland, John Copacino, Milton Lee
Juvenile Detention Law In The District Of Columbia: A Practitioner’S Guide, Paul Holland, John Copacino, Milton Lee
Faculty Articles
On each and every day of the year (excluding Sundays), children are presented for an initial hearing in the Family Division, Juvenile Branch of the Superior Court of the District of Columbia. Because of unusually broad and often misapplied preventive detention laws, children charged with property offenses such as theft, or status offenses such as truancy and ungovernability, are subject to detention for an indefinite period of time through summary procedures which do not adequately ensure the reliability of the detention decision. Because the detention of juveniles has become routine in superior court, its potential harm to the child is …