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Juvenile Law Commons

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Articles 1 - 6 of 6

Full-Text Articles in Juvenile Law

The Unreviewable Irredeemable Child: Why The District Of Columbia Needs Reverse Waiver, Jamie Stevens Mar 2014

The Unreviewable Irredeemable Child: Why The District Of Columbia Needs Reverse Waiver, Jamie Stevens

University of the District of Columbia Law Review

In 2005 the U.S. Department of Justice estimated that adult criminal courts prosecuted 23,000 cases involving defendants under the age of eighteen nationwide. 2 This means that those defendants faced conviction and sentencing in adult courts. Transfer of those under eighteen into adult criminal court has become the states' first line of defense in the fight against youth crime. However, recent Supreme Court decisions have cast doubt on the wisdom, and even the constitutionality of that approach. Roper v. Simmons held that the Eighth Amendment prohibits the death penalty for anyone under eighteen years of age. 3 Graham v. Florida …


Changing The Narrative: Convincing Courts To Distinguish Between Misbehavior And Criminal Conduct In School Referral Cases, Marsha L. Levick, Robert G. Schwartz Dec 2007

Changing The Narrative: Convincing Courts To Distinguish Between Misbehavior And Criminal Conduct In School Referral Cases, Marsha L. Levick, Robert G. Schwartz

University of the District of Columbia Law Review

No abstract provided.


Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant Sep 1995

Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant

University of the District of Columbia Law Review

This Note examines the appropriate evidentiary standard for pretrial detention decisions in Juvenile Court in the District of Columbia. Currently, there is no authority mandating the standard of proof that is to be applied to the pretrial detention of juveniles. To ensure that all juveniles receive the same protections, one evidentiary standard must be applied at all pretrial detention hearings. Based upon adult and juvenile pretrial detention statutes, the case law construing those statutes, and the standard courts employ in adult civil commitment procedures, the appropriate standard is the "clear and convincing evidence" standard of proof. In order to afford …


Pre-Initial Hearing Detention: Are The Police Department And Social Services Intake Following The Law?, Henry A. Escoto Sep 1995

Pre-Initial Hearing Detention: Are The Police Department And Social Services Intake Following The Law?, Henry A. Escoto

University of the District of Columbia Law Review

No abstract provided.


Appendix B: February-March, 1995 Court Monitoring Report, University Of The District Of Columbia Law Review Sep 1995

Appendix B: February-March, 1995 Court Monitoring Report, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.


Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie Sep 1995

Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie

University of the District of Columbia Law Review

Judges sitting on the Superior Court of the District of Columbia routinely order children into secure detention who require no more restrictive confinement than that provided by shelter care. Despite a statutory presumption against detention, and a superior court rule that prohibits substituting secure detention for shelter care,' the District inappropriately places children into secure detention simply because there is a lack of bed space in youth shelter houses. The deprivation of liberty that occurs when a juvenile is placed in secure detention rather than shelter care is required neither for the protection of the community nor for the welfare …