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Articles 1 - 7 of 7
Full-Text Articles in Law
Kids Are Different, Stephen St.Vincent
Kids Are Different, Stephen St.Vincent
Michigan Law Review First Impressions
The Supreme Court recently handed down its decision in Graham v. Florida. The case involved a juvenile, Graham, who was sentenced to life in prison after being convicted as an adult of a nonhomicidal crime. The offense, a home invasion robbery, was his second; the first was attempted robbery. Due to Florida's abolition of parole, the judge's imposition of a life sentence meant that Graham was constructively sentenced to life without parole for a nonhomicide crime. Graham challenged this sentence as unconstitutional under the Eighth Amendment. Somewhat surprisingly, the Supreme Court invalidated Graham's sentence by a 6-3 majority. By a …
Strong Medicine: Toward Effective Sentencing Of Child Pornography Offenders, Kristin Carlson
Strong Medicine: Toward Effective Sentencing Of Child Pornography Offenders, Kristin Carlson
Michigan Law Review First Impressions
In recent years, possessors of child pornography have entered the federal criminal justice at an alarming rate. In 2006, child pornography cases accounted for sixty-nine percent of the child exploitation cases that were prosecuted federally. Average federal sentences for these offenses also rose sharply, by about 300 percent over the past fourteen years. The mean sentence imposed for child pornography offenses increased from thirty-six months in 1994 to 109 months by 2008. The severe sentences imposed on possessors of child pornography in federal courts have inspired an ongoing deb ate. Critics feel the U.S. Sentencing Guidelines are too harsh on …
Final Report: Submitted To The Honorable Jack Markell, Governor, State Of Delaware: Independent Review Of The Earl Brian Bradley Case, Linda Ammons
Linda L. Ammons
This is the Final Report to the Governor's Office, the Senate Public Safety Committee, the House Public Safety and Homeland Security Committee and Members of the General Assembly detailing the findings of the independent review by Linda L. Ammons, Esq., Associate Provost and Dean of The Widener University School of Law pursuant to Executive Order No. 16, attached hereto as Exhibit B. The genesis of Executive Order No. 16 was the December 16, 2009 arrest of Delaware pediatrician Dr. Earl B. Bradley, who was charged and recently indicted on hundreds of charges alleging that Dr. Bradley had sexually assaulted children …
Foreword: Why "The Child Witness" Now?, Jules Epstein
Foreword: Why "The Child Witness" Now?, Jules Epstein
Jules Epstein
No abstract provided.
Sexting Or Self-Produced Child Pornography – The Dialogue Continues – Structured Prosecutorial Discretion Within A Multidisciplinary Response, Mary Graw Leary
Sexting Or Self-Produced Child Pornography – The Dialogue Continues – Structured Prosecutorial Discretion Within A Multidisciplinary Response, Mary Graw Leary
Scholarly Articles
One need only read the newspaper to see a rising dangerous phenomenon among juveniles: the creation and subsequent sharing via the Internet of sexually explicit photographs. This self exploitation is not only a tragic social problem, but a growing legal one as well. Judges, attorneys, and legislators, are forced to address this activity because, in addition to being self destructive, it is also a violation of state and federal child pornography laws. Juvenile self exploitation illustrates a clash of two lines of jurisprudence and public policy: the aggressive opposition to child pornography and the more lenient rehabilitative treatment of juvenile …
Evaluating Children's Competency To Testify: Developing A Rational Method To Assess A Young Child's Capacity To Offer Reliable Testimony In Cases Alleging Child Sex Abuse , Laurie Shanks
Cleveland State Law Review
This Article discusses the testimony of young children, the inadequacy of the traditional hearing used to determine the competency of such children to testify, and the ways in which the hearing might be changed to make it a meaningful process for determining the ability of a child to give reliable testimony.
What Does Graham Mean In Michigan?, Kimberly A. Thomas
What Does Graham Mean In Michigan?, Kimberly A. Thomas
Articles
In Graham v. Florida, the United States Supreme Court held that life without parole could not be imposed on a juvenile offender for a nonhomicide crime.1 In this context, the Graham Court extensively discussed the diminished culpability of juvenile criminal defendants, as compared to adults. The Court relied on current scientific research regarding adolescent development and neuroscience. While the narrowest holding of Graham has little impact in Michigan, the science it relies on, and the potential broader implications for adolescents in Michigan, are significant.