Law Commons^™

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 …

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

Francine T. Sherman

No abstract provided.

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

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

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 cycle, …

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

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. …

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

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

No abstract provided.

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 prisoners and …

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.

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

Brigham Young University Education and Law Journal

No abstract provided.

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 50 million newborn …

Help For Youths Leaving Foster Care, Michele Benedetto Neitz

Publications

No abstract provided.

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

All Faculty Scholarship

No abstract provided.

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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.

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

International Bulletin of Political Psychology

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

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

UIC 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 challenge …

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 courts in 1967. …

Child Soldiers And The Capacity Of The Optional Protocol To Protect Children In Conflict, Shara Abraham

Human Rights Brief

No abstract provided.

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

Human Rights Brief

No abstract provided.

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

Public Interest Law Reporter

No abstract provided.

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 make some …

Implementing A National Putative Father Registry By Utilizing Existing Federal/State Collaborative Databases, 36 J. Marshall L. Rev. 1033 (2003), Donna L. Moore

UIC Law Review

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

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 applied in …

Power, Possibility And Choice: The Racial Identity Of Transracially Adopted Children, Twila L. Perry

Michigan Journal of Race and Law

Review of The Ethics of Transracial Adoption by Hawley Fogg-Davis

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 …