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2003

Juvenile Law

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Articles 1 - 30 of 53

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 ...


Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf Dec 2003

Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf

William & Mary Bill of Rights Journal

The juvenile justice system has become increasingly punitive in recent decades. While the juvenile justice system has come to resemble the adult system in this way, juveniles facing adjudication nevertheless are denied the essential Sixth Amendment due process right. This Note will argue that the Louisiana Supreme Court decided State ex rel. D.J. incorrectly and, further, will demonstrate that the nation as a whole should revisit the place of juries in juvenile proceedings.


Featured Speaker, Investing In The Future: Confronting The Needs Of Girls In The Justice System, Francine Sherman Oct 2003

Featured Speaker, Investing In The Future: Confronting The Needs Of Girls In The Justice System, Francine Sherman

Francine T. Sherman

No abstract provided.


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.


Keynote Speaker, Girls In Crisis: The Challenges For Our Community, Francine Sherman Jun 2003

Keynote Speaker, Girls In Crisis: The Challenges For Our Community, Francine Sherman

Francine T. Sherman

No abstract provided.


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.


Waiving Goodbye: Incarcerating Waived Juveniles In Adult Correctional Facilities Will Not Reduce Crime, Ellie D. Shefi Apr 2003

Waiving Goodbye: Incarcerating Waived Juveniles In Adult Correctional Facilities Will Not Reduce Crime, Ellie D. Shefi

University of Michigan Journal of Law Reform

Incarcerating waived juveniles in adult correctional facilities does not reduce crime or result in increased public safety; incarcerating juveniles with adults is deleterious to both the individual offender and society. This Note argues for a renewed focus on rehabilitative rather than retributive justice, and in so doing, proposes the implementation of a comprehensive continuum of graduated sanctions that includes networks of small, secure, highly structured maximum-security juvenile facilities, wilderness camps, residential and non-residential community-based programs, restitution, and fines. This Note further advocates for the incorporation of extensive education, vocational training and placement, counseling, treatment, supervision, mentoring, transitional, aftercare, and support ...


From Jailbird To Jailbait: Age Of Consent Law And The Construction Of Teenage Sexualities, Kate Sutherland Apr 2003

From Jailbird To Jailbait: Age Of Consent Law And The Construction Of Teenage Sexualities, Kate Sutherland

William & Mary Journal of Race, Gender, and Social Justice

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 ...


Litigation Landmines: Obtaining Attorneys Fees In Conditions Of Confinement. Litigation After Bloomberg V. Christina A, Mark Soler Mar 2003

Litigation Landmines: Obtaining Attorneys Fees In Conditions Of Confinement. Litigation After Bloomberg V. Christina A, Mark Soler

University of the District of Columbia Law Review

Abuse of children in state institutions is a longstanding and notorious problem.1 Advocates for children have successfully brought federal civil rights litigation over the past thirty years to protect the lives, safety, and rights of children in jails,2 juvenile detention facilities, 3 and state corrections institutions. 4 In recent years, however, such litigation has become more difficult as a result of enactment of the Prison Litigation Reform Act (PLRA) 5 and an array of United States Supreme Court decisions. In a number of decisions over the past two decades, the Supreme Court has significantly restricted the rights of ...


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 ...


Gangs In Public Schools: A Survey Of State Legislation, Jesse Christopher Cheng Mar 2003

Gangs In Public Schools: A Survey Of State Legislation, Jesse Christopher Cheng

Brigham Young University Education and Law Journal

No abstract provided.


Comparing Children To The Mentally Retarded: How The Decision In Atkins V. Virginia Will Affect The Execution Of Jevenile Offenders , Robin M. A. Weeks Mar 2003

Comparing Children To The Mentally Retarded: How The Decision In Atkins V. Virginia Will Affect The Execution Of Jevenile Offenders , Robin M. A. Weeks

Brigham Young University Journal of Public Law

No abstract provided.


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 Child Citizenship Act: Too Little, Too Late For Tuan Nguyen, Ashley Moore Feb 2003

The Child Citizenship Act: Too Little, Too Late For Tuan Nguyen, Ashley Moore

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Manual De Derecho Procesal Civil, Edward Ivan Cueva Feb 2003

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Program: Connecting Girls’ Programs And Girls In Juvenile Justice, Francine Sherman Jan 2003

Program: Connecting Girls’ Programs And Girls In Juvenile Justice, Francine Sherman

Francine T. Sherman

No abstract provided.


The Political Psychology Of Cybersexuality: The Example Of Child Pornography, Ibpp Editor Jan 2003

The Political Psychology Of Cybersexuality: The Example Of Child Pornography, Ibpp Editor

International Bulletin of Political Psychology

This article analyzes rationales behind legislation banning certain aspects of cybersexuality.


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 ...


A Very Special Place In Life: The History Of Juvenile Justice In Missouri, Douglas E. Abrams Jan 2003

A Very Special Place In Life: The History Of Juvenile Justice In Missouri, Douglas E. Abrams

Faculty Books

A Very Special Place in Life: The History of Juvenile Justice in Missouri chronicles the nineteenth century struggle for a special court to rehabilitate delinquent and dependent children and their families. The leaders were dedicated reformers- the "child savers" who sought to remove children from poorhouses, prisons and other harsh institutions that left little hope for productive adulthood. A Very Special Place in Life traces the twentieth century growth of Missouri's juvenile courts. It discusses the profound changes wrought by the United States Supreme Court's Gault decision, which triggered the "due process revolution" in the nation's juvenile ...


Recommendations For Reform Of The Child Support System In Cook County, Malcolm Rich, Kristina Tunnicliff Jan 2003

Recommendations For Reform Of The Child Support System In Cook County, Malcolm Rich, Kristina Tunnicliff

Public Interest Law Reporter

No abstract provided.


The Courts Determine The "Best Interest" Of A Child, Karine Polis Jan 2003

The Courts Determine The "Best Interest" Of A Child, Karine Polis

Public Interest Law Reporter

No abstract provided.


Juvenile Law Developments—“One Last Chance”: Applying Adult Standards To Extended Jurisdiction Juvenile Proceedings—State V. B.Y., Kathryn A. Santelmann, Kara Rafferty Jan 2003

Juvenile Law Developments—“One Last Chance”: Applying Adult Standards To Extended Jurisdiction Juvenile Proceedings—State V. B.Y., Kathryn A. Santelmann, Kara Rafferty

William Mitchell Law Review

In 1995, Minnesota created a blended sentencing option for serious, violent juvenile offenders. Under this new option, Extended Juvenile Jurisdiction (“EJJ”), the juvenile court retains jurisdiction over the offender until age 21. In EJJ cases the court also imposes an adult sentence, which is stayed on the condition that the offender complies with the conditions of probation. Since the passage of the EJJ statute, the Minnesota Supreme Court has issued a limited number of opinions reviewing EJJ cases. State v. B.Y., issued April 24, 2003, involves an issue of first impression. The B.Y. opinion addresses standards to be ...


Do Not Resuscitate Decision-Making: Ohio's Do Not Resuscitate Law Should Be Amended To Include A Mature Minor's Right To Initiate A Dnr Order, Allison Mantz Jan 2003

Do Not Resuscitate Decision-Making: Ohio's Do Not Resuscitate Law Should Be Amended To Include A Mature Minor's Right To Initiate A Dnr Order, Allison Mantz

Journal of Law and Health

Part One discusses Ohio's current DNR (Do Not Resuscitate) law, which does not include an exception for mature minors. It explains the medical difference between initiating a valid DNR order and refusing life-sustaining medical treatment. However, the note solely focuses on DNR and how it relates to a minor's right to initiate his or her own DNR order in light of parental disagreement. Part two explains the evolution of the minor and healthcare. Specifically, the progression from the early common law assumption that minors lack the capacity to consent, to the present, in which minors are permitted to ...


Congress And The Courts Battle Over The First Amendment: Can The Law Really Protect Children From Pornography On The Internet?, 21 J. Marshall J. Computer & Info. L. 141 (2003), Mitchell P. Goldstein Jan 2003

Congress And The Courts Battle Over The First Amendment: Can The Law Really Protect Children From Pornography On The Internet?, 21 J. Marshall J. Computer & Info. L. 141 (2003), Mitchell P. Goldstein

The John Marshall Journal of Information Technology & Privacy Law

Litigation and court action have provided little in the way of providing solutions to anyone dealing with inappropriate content on the Internet. In Miller v. California, 413 U.S. 15 (1973). The court refused to establish a national standard and instead relied on community standards. Because the Internet has no geographic limitations, one cannot determine community standards because the Internet is so far reaching. Goldstein discusses in detail these Congressional enactments: Communications Decency Act of 1996, the Child Online Protection Act, and the Child Pornography Prevention Act of 1996, finding that none of them give children protection from pornography. The ...


One Strike And You're Out? Constitutional Constraints On Zero Tolerance In Public Education, Eric Blumenson, Eva S. Nilsen Jan 2003

One Strike And You're Out? Constitutional Constraints On Zero Tolerance In Public Education, Eric Blumenson, Eva S. Nilsen

Washington University Law Review

Notwithstanding the popularity of zero tolerance policies, the resulting denial of public education to massive numbers of children threatens irreparable damage, not only to these individuals but to all of us. This Article assesses the intended and unintended consequences of public school zero tolerance policies and details a number of constitutional infirmities of such policies that could provide an avenue for reform. We begin in Part I with a description of the multifaceted role that zero tolerance has come to play in public schools. Part II examines the rationale and actual impact of zero tolerance as school policy, and Part ...