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Articles 1 - 30 of 45
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
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
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.
Delinquency Jurisdiction In A Unified Family Court: Balancing Intervention, Prevention, And Adjudication, Gloria Danziger
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
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, …
From Jailbird To Jailbait: Age Of Consent Law And The Construction Of Teenage Sexualities, Kate Sutherland
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.
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
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 …
It Does Take A Village To Raise A Child, Rebecca J. Boyd
It Does Take A Village To Raise A Child, Rebecca J. Boyd
Sociology & Criminal Justice Theses & Dissertations
Utilizing Cullen's (1994) Social Support Theory and Hunter's (1985) three dimensions of social life, this study is a quantitative, cross-sectional secondary data analysis designed to examine the relationship between institutional social support and rates of juvenile crime for counties and cities in Virginia for the year 2000. Resting on the contention that an inverse, significant relationship exists between measures of institutional support and rates of juvenile property and violent crime, this study examines types of support provided by the institutions of family, school, and the government. These measures of institutional support include 1) familial support: median income, marriage support; 2) …
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 …
Gangs In Public Schools: A Survey Of State Legislation, Jesse Christopher Cheng
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
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 …
Comparing Children To The Mentally Retarded: How The Decision In Atkins V. Virginia Will Affect The Execution Of Jevenile Offenders , Robin M. A. Weeks
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
Help For Youths Leaving Foster Care, Michele Benedetto Neitz
Publications
No abstract provided.
Ub Viewpoint – Creation Of A Caring Justice System, Barbara A. Babb
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
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
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.
The Political Psychology Of Cybersexuality: The Example Of Child Pornography, Ibpp Editor
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 United Nations And The Magna Carta For Children, Winston E. Langley
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 …
On Statutory Rape, Strict Liability, And The Public Welfare Offense Model, Catherine L. Carpenter
On Statutory Rape, Strict Liability, And The Public Welfare Offense Model, Catherine L. Carpenter
American University Law Review
Statutory Rape. At the center of a long-standing debate on whether its commission should require proof of a criminal mens rea, the prosecution of statutory rape offers a revealing look at the struggle to demarcate the parameters of the public welfare offense doctrine. Specifically, with respect to statutory rape, disagreement is deep and entrenched on whether statutory rape should be categorized as a public welfare offense, which would render irrelevant defendant's lack of knowledge of the victim's age. And despite wholesale revamping of state statutory rape laws on issues of age, gender, and potential grading and punishment, the debate on …
A Very Special Place In Life: The History Of Juvenile Justice In Missouri, Douglas E. Abrams
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. …
The Courts Determine The "Best Interest" Of A Child, Karine Polis
The Courts Determine The "Best Interest" Of A Child, Karine Polis
Public Interest Law Reporter
No abstract provided.
Recommendations For Reform Of The Child Support System In Cook County, Malcolm Rich, Kristina Tunnicliff
Recommendations For Reform Of The Child Support System In Cook County, Malcolm Rich, Kristina Tunnicliff
Public Interest Law Reporter
No abstract provided.
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
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 …
Power, Possibility And Choice: The Racial Identity Of Transracially Adopted Children, Twila L. Perry
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
The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind
The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind
UIC Law Review
No abstract provided.
Depriving Washington State's Incarcerated Youth Of An Education: The Debilitating Effects Of Tunstall V. Bergeson, Jamie Polito Johnston
Depriving Washington State's Incarcerated Youth Of An Education: The Debilitating Effects Of Tunstall V. Bergeson, Jamie Polito Johnston
Seattle University Law Review
The analysis begins in Section II with a general overview and summary of Tunstall v. Bergeson. Section III presents a brief legislative background of the statute at issue in Tunstall, Education Programs for Juvenile Inmates, RCW section 28A.193. Section IV discusses Tunstall's misinterpretation of these statutory provisions, demonstrating the Education Programs for Juvenile Inmates' disregard of the paramount duty to provide education to youth under twenty-one pursuant to the Basic Education Act and violation of the Washington Constitution, as discussed in Section V. Next, Section VI argues that because the right to education is a fundamental right under state law, …
Juvenile Law Developments—“One Last Chance”: Applying Adult Standards To Extended Jurisdiction Juvenile Proceedings—State V. B.Y., Kathryn A. Santelmann, Kara Rafferty
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 …
Improving The Kangaroo Courts: A Proposal For Reform In Evaluating Juveniles' Waiver Of Miranda, Kimberly Larson
Improving The Kangaroo Courts: A Proposal For Reform In Evaluating Juveniles' Waiver Of Miranda, Kimberly Larson
Villanova Law Review
No abstract provided.
Best Interests Equals Zealous Advocacy: A Not So Radical View Of Holistic Representation For Children Accused Of Crime, Ellen Marrus
Best Interests Equals Zealous Advocacy: A Not So Radical View Of Holistic Representation For Children Accused Of Crime, Ellen Marrus
Maryland Law Review
No abstract provided.
Captive Audiences, Children And The Internet, William D. Araiza
Captive Audiences, Children And The Internet, William D. Araiza
Faculty Scholarship
No abstract provided.