Law Commons^™

Boys, Masculinities And Juvenile Justice, Nancy E. Dowd

UF Law Faculty Publications

Culture and tradition are part of the macrosystem of ideas and beliefs that have a dramatic effect on children and families. One aspect of culture is gender beliefs, values and roles. Feminist analysis has explored the incorporation of gender in a wide range of structures, challenging gender bias and advocating reform of a range of laws, structural systems, and social practices. Masculinities analysis, an outgrowth of feminist analysis that focuses on men as gendered subjects, provides a perspective to consider those areas in which men are disproportionately present either in positions of power and privilege, or in positions of disadvantage. …

Towards A Proper Juvenile Justice System In Bangladesh From A Cluttered One: An Analytical Overture On Focusing Human Rights Perspective, Zafrin Andaleeb, Abu Noman Mohammad Atahar Ali, Abu Saleh Md. Tofazzel Haque

Abu Noman Mohammad Atahar Ali

No abstract provided.

The Right Thing For Juveniles, Tamar R. Birckhead

Tamar R Birckhead

This op-ed argues that the upper age of juvenile court jurisdiction in North Carolina should be raised from 16 to 18.

Featured Speaker, Domestic Violence And Juvenile Justice, Francine Sherman

Francine T. Sherman

No abstract provided.

Lessons In Access To Justice: Racialized Youths In Ontario's Safe Schools, Janet E. Mosher

Osgoode Hall Law Journal

Access to justice is often equated with access to institutionalized dispute resolution processes, and the objective barriers that hinder such access-costs and delay most particularly-are commonly identified as the primary objects of reform efforts. In sharp contrast, when interviews and focus groups were conducted with racialized youths in Toronto regarding their experiences of access to justice in the context of school disciplinary matters, accounts of access to dispute resolution processes being impeded by costs and delay did not figure prominently. The interviews and focus groups revealed that many racialized youths scarcely ever considered accessing institutionalized dispute resolution processes largely because …

Equal Sentences For Unequal Participation: Should The Eighth Amendment Allow All Juvenile Murder Accomplices To Receive Life Without Parole?, Brian Gallini

School of Law Faculty Publications and Presentations

No court has addressed the constitutional significance of sentencing juvenile murder accomplices who play a minimal role in the underlying killing to life in prison without parole. Indeed, no precedent makes clear whether it is cruel and unusual to impose that sentence on juvenile offenders convicted of first-degree murder pursuant to either the felony-murder doctrine or an accomplice theory of liability, notwithstanding their minimal involvement in the victim’s death. To investigate this unanswered question, Part I of this Article explores the imposition of life without parole sentences on juvenile non-killers convicted of murder via either the felony-murder doctrine or accomplice …

Equal Sentences For Unequal Participation: Should The Eighth Amendment Allow All Juvenile Murder Accomplices To Receive Life Without Parole?, Brian Gallini

Brian Gallini

Young People On Remand, Mairéad Seymour, Michelle Butler

Reports

The aim of this study is to examine the services and supports required by young people to promote greater compliance with the conditions of bail and reduce the use of detention on remand. The research addresses three main areas: • to establish the service and support needs of young people by investigating the circumstances of their life circumstances; • to examine the specific services and supports required by young people and their families during the remand process, in the courtroom and in the period between adjournments; • to address the issues and barriers to delivering services and supports to young …

Inferring A Right To Permanent Family Care From The United Nations Convention On The Rights Of The Child, The Hague Convention On Intercountry Adoption, And Selected Scientific Literature, Laura Matney Shapiro

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Speaker And Participant, Family Violence And Juvenile Justice, Francine Sherman

Francine T. Sherman

No abstract provided.

Book Review Of The Best Interests Of The Child In Healthcare, James G. Dwyer

Faculty Publications

No abstract provided.

Brief Of Amici Curiae American Academy Of Pediatrics Et Al. In Support Of Neither Party, Federal Communications Commission V. Fox Television Stations, No. 07-582 (U.S. June 9, 2008), Angela J. Campbell, Coriell Wright

U.S. Supreme Court Briefs

No abstract provided.

Child Pornography's Forgotten Victims, Audrey Rogers

Pace Law Review

No abstract provided.

Ensuring That Only Adults "Go Wild" On The Web: The Internet And Section 2257'S Age-Verification And Record-Keeping Requirements, M. Eric Christense

Brigham Young University Journal of Public Law

No abstract provided.

Adolescents Under International Law: Autonomy As The Key To Reproductive Health, Aliya Haider

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

As a matter of policy, the reproductive and sexual health of adolescents matter because they comprise almost one half of the world's population. As a matter of international human rights law, adolescents have reproductive and sexual health rights. This article outlines how the international community must ensure adolescents' access to and exercise of those reproductive health rights. Governments must enable informed decision-making while also offering state protections for this vulnerable population. Without laws and policies that uphold adolescent health worldwide, future generations will needlessly suffer.

The Age Of The Child: Interrogating Juveniles After Roper V. Simmons, Tamar R. Birckhead

Washington and Lee Law Review

No abstract provided.

School Bullies—They Aren't Just Students: Examining School Interrogations And The Miranda Warning, Elizabeth A. Brandenburg

Mercer Law Review

In the first few weeks of working at the Macon Circuit Public Defender's Office in Macon, Georgia, I represented a juvenile client who was charged with possession of a weapon on school grounds. She was a fourteen-year-old public high school student accused of bringing a knife to school. She did not mean to bring the knife to school, having that morning switched purses, and when she realized the knife was in her bag, she did not know what to do. She did not get caught with the knife in a fight, nor were there ever allegations that she was involved …

Protocol For Attorneys Representing Parents In Child Protective Proceedings, Frank E. Vandervort, Vivek S. Sankaran

Other Publications

This protocol is intended to guide attorneys through the strategic decisions they will need to make while representing parents in child protective cases. The protocol does not provide a comprehensive action-step checklist. Parents’ attorneys can find that kind of guidance in other resources, including the “How-To-Kit: Representing Parents in Child Protective Proceedings” by the Institute of Continuing Legal Education; “Guidelines for Achieving Permanency in Child Protection Proceedings” by Children’s Charter of the Courts of Michigan; and the American Bar Association’s “Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases.”1 For its part, this protocol delves more substantively …

In Defense Of The Indian Child Welfare Act In Aggravated Circumstances, C. Eric Davis

Michigan Journal of Race and Law

The Indian Child Welfare Act (ICWA) affords various protections to Indian families throughout child welfare proceedings. Among them is the duty imposed upon the state to provide rehabilitative services to families prior to the outplacement of an Indian child, or termination of parental rights. An analogous provision for non-Indians in the Adoption and Safe Families Act (ASFA) excuses rehabilitative services in "aggravated circumstances" of child abuse. The ICWA contains no such exception, and that absence has been controversial. In 2002, the Alaska Supreme Court applied ASFA's aggravated circumstances exception to the ICWA, thereby excusing services when a father severely abused …

Child Pornography's Forgotten Victims, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

The goal of this paper is to demonstrate that possession of child pornography is not a victimless crime. It will illustrate the problem and explain the harm suffered by its victims. It will then trace factors that may have contributed to the perception that possession of child pornography is a victimless offense. The first factor is the dual nature of the child pornography laws that addresses both actual and future harm. When this duality is applied to possessors, their link to actual harm appears attenuated because the possessor is not involved in the acts of sexual abuse inherent in producing …

Who You Gonna Call - Virginia's Multi-Year Effort To Create A Children's Ombudsman Office, Melissa Goemann

Richmond Public Interest Law Review

If your home was overrun with spirits in the movie Ghostbusters, it was easy to know who to call-Ghostbusters! But for a child or parent to navigate through the maze of Virginia bureaucracies to figure out whom to call when questions or concerns arise about a child in state care can be difficult, if not impossible. A desire to simplify that process formed the impetus for recent Virginia legislation to establish a children's ombudsman office. Indeed, the ombudsman legislation would elevate the ombudsman beyond the role of simply "ghostbusting," or handling each complaint in a vacuum. It would also require …

The Price Of Privilege: Is Virginia's Ban On Mental Health Professionals' Participation In Custody Determinations Really In The Best Interests Of The Child, Mary Wilkins Hunt

Richmond Public Interest Law Review

This article examines the national treatment of mental health care professionals' participation in custody determinations and compares these practices with Virginia's ban. Furthermore, this article explores the rationale behind the ban on therapist testimony while weighing the pros and cons of allowing such evidence to be used. It then takes a closer look at the arguments for repealing the ban and the possible benefits which could result from the 2008 repeal.

The Key To Successful Independence: State-Funded Postsecondary Educational Assistance For Emancipated Foster Youth, Michele Benedetto Neitz

Publications

As individuals in state custody, children accepted into the foster care system have a substantive due process right to be free from harm. This due process right imposes an affirmative duty on states to protect foster youth and properly prepare them for emancipation. At the age of eighteen in most jurisdictions, youth emancipate from state custody into adulthood with the hope of successful independence. In reality, a large proportion of public
wards actually emancipate into homelessness, unemployment, and incarceration.

The public is increasingly recognizing the plight of youth aging out of foster care, and state and federal legislatures are responding …

Juvenile Transfer Laws: An Effective Deterrent To Delinquency?, Richard Redding

Richard E. Redding

Provides an overview of research on the deterrent effects of transferring youth from juvenile to criminal courts, focusing on large-scale comprehensive OJJDP-funded studies on the effect of transfer laws on recidivism. The Bulletin reviews all of the extant research on the general and specific deterrent effects of transferring juveniles to adult criminal court.

Training The Parents Of Juvenile Offenders: State Of The Art And Recommendations For Service Delivery, Richard Redding

Richard E. Redding

Parent training is consistently highlighted as one of the most effective means of preventing delinquency and treating young children with conduct problems, and it has proven to be one of the most cost-effective interventions for doing so. There is, however, far less evidence supporting the efficacy of parent-training programs with adolescents and juvenile offenders. Nonetheless, it still seems to be one of the more promising methods for treating the behavior problems of adolescent delinquents, especially when used in conjunction with other carefully selected program components. We begin with an overview of parent training, highlighting the key components of successful programs. …

California Youth And Criminal Law: 2007 Juvenile Justice Reform And Gang Prevention Initiatives, Sandhya Ramadas

Sandhya Ramadas

Debate shaping criminal law and policy inevitably involves the intersection, and sometimes conflict, of “tough on crime” policies, victims’ rights, rehabilitation, incarceration, and of course, the securing of funding. Nowhere was this more apparent than in 2007 reforms surrounding the treatment of California’s youth. While legislators and policy groups pushed through Senate Bill 81 – the State Senate bill which ushered in a host of juvenile justice realignment provisions and shifted the focus of juvenile programs from the state to localities – they also provided increased funding for gang-related investigations, convictions, and for tracking programs through several bills and the …

Alternatives For Youth’S Advocacy Program:Reducing Minority Youth Incarceration Placements In Cleveland, Ohio, Christopher A. Mallett, Linda Julian

Social Work Faculty Publications

Detaining and incarcerating juvenile delinquents is ineffective and costly juvenile justice policy. These placements, indicative of the “tough on crime” approach, become problematic for many of these youths who do not have the advantage of legal counsel because they waive this right. In addition, a majority of these youths have a mental health or special education disability that does not get addressed in correctional facilities. Alternatives for Youth's Advocacy Program (AFY) in Cleveland, Ohio (Cuyahoga County) is addressing these issues using a holistic approach that includes the provision of civil legal representation to assist youths in accessing disability services and …

Street Law Uses Legal Education To Empower Underprivileged Youth, Adam Miller

Public Interest Law Reporter

No abstract provided.

Who You Gonna Call - Virginia's Multi-Year Effort To Create A Children's Ombudsman Office, Melissa Goemann

Richmond Journal of Law and the Public Interest

If your home was overrun with spirits in the movie Ghostbusters, it was easy to know who to call-Ghostbusters! But for a child or parent to navigate through the maze of Virginia bureaucracies to figure out whom to call when questions or concerns arise about a child in state care can be difficult, if not impossible. A desire to simplify that process formed the impetus for recent Virginia legislation to establish a children's ombudsman office. Indeed, the ombudsman legislation would elevate the ombudsman beyond the role of simply "ghostbusting," or handling each complaint in a vacuum. It would also require …

Another Day In The Life Of The Juvenile Justice System: The Fight Againt The Abolishment Of The System, Antwaneisha Gray

Richmond Journal of Law and the Public Interest

This article seeks to evaluate that family focused approach of Florida. The first part of the article examines the history and evolution of the juvenile justice system. Part III, surveys the current method of transferring youthful offenders to adult courts and the criticisms of those methods. Lastly, the article considers the reasons that individuals advocate for the abolishment of the juvenile justice system and the family focused model.