Juvenile Law Commons^™

A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie

Georgia Journal of International & Comparative Law

No abstract provided.

The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green

Georgia Journal of International & Comparative Law

No abstract provided.

A Solution To Michigan's Child Shackling Problem, Gabe Newland

Michigan Law Review First Impressions

Detained children routinely appear before Michigan's juvenile courts shackled with handcuffs, leg irons, and belly chains. Once security officers bring a child to court in these shackles, the child usually remains in them for her hearing or trial. In Michigan, as in many other states, no statute or court rule requires the judge to decide whether shackles are necessary. This Essay argues that Michigan should pass legislation or amend state court rules to create a presumption against shackling children. Unless a child poses a substantial risk of flight or physical danger and less restrictive alternatives to shackling will not adequately …

Families Matter: Recommendations To Improve Outcomes For Children And Families In Court, Barbara A. Babb, Gloria Danziger

All Faculty Scholarship

The Families Matter initiative was designed as a major, multi-year undertaking to develop legal practice methods and approaches to reduce the destructive consequences of the family legal process. The initiative was intended to respond to the need for deep and meaningful reform of the family law process.

Convened in June 2010 by the University of Baltimore School of Law Sayra and Neil Meyerhoff Center for Families, Children and the Courts (CFCC), the Families Matter Symposium brought together an interdisciplinary group of family law experts for two days at the University of Baltimore to identify problems regarding the practice of family …

Effects Of Jurors’ Gender And Attitudes Toward Intellectual Disability On Judgments For Disabled Juvenile Defendants, Cynthia J. Najdowski, Bette L. Bottoms

Psychology Faculty Scholarship

Because many juvenile offenders are intellectually disabled and have their cases tried by jurors in adult criminal court, it is important to understand factors that influence jurors’ judgments in such cases. Using a mock trial methodology, we explored the relations among jurors’ gender, attitudes toward intellectual disability, and judgments in a criminal case involving an intellectually disabled 15-year-old girl accused of murder. Men mock jurors’ judgments were not influenced by their preexisting biases, but women's were: the more women favored special treatment for disabled offenders, the less likely they were to suspect the disabled juvenile was guilty and the less …

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 …

Amicus Brief In United States V. Windsor By Scholars For The Recognition Of Children's Constitutional Rights, Tanya Washington, Catherine Smith, Susannah Pollvogt

Scholarly Articles

This amicus brief filed by Scholars of the Constitutional Rights of Children in Windsor turns the spotlight on children in same-sex families. The brief enumerates the many ways Section 3 of DOMA impairs children's interests by denying federal recognition of their parents' marriages. The brief was cited in Respondent's Brief to the Supreme Court for its central thesis: children are a vulnerable demographic which deserves government action that serves their interests, not government action that impairs their interests.

In The Courts: When The Bell Rings Silently: Punitive And Other Constitutional Concerns For Juvenile Detainees In Isolation, Kevin Young

Children's Legal Rights Journal

No abstract provided.

The Effects Of The Lubanga Case On Understanding And Preventing Child Soldiering, Mark A. Drumbl

Scholarly Articles

On March 14, 2012, a trial chamber of the International Criminal Court (ICC) convicted Thomas Lubanga Dyilo, a rebel leader from the Democratic Republic of the Congo, for child-soldier-related crimes. Some months later, Lubanga was sentenced to a prison term of fourteen years. On August 7, 2012, an ICC trial chamber issued its decision regarding the principles and procedures to be applied to reparations in the Lubanga case. This Article unpacks the relationships between the Lubanga proceedings and how the international community conceptualizes, and strives to prevent, child soldiering. This Article contends that the Lubanga proceedings reinforce, and incubate, a …

Development And Initial Findings Of An Implementation Process Measure For Child Welfare System Change, Mary I. Armstrong, Julie S. Mccrae, Michelle Graef, Tammy Richards, David Lambert, Charlotte Lyn Bright, Cathy Sowell

Center on Children, Families, and the Law: Faculty Publications

This article describes a new measure designed to examine the process of implementation of child welfare systems change. The measure was developed to document the status of the interventions and strategies that are being implemented and the drivers that are being installed to achieve sustainable changes in systems. The measure was used in a Children’s Bureau-supported national effort to assess the ongoing implementation of 24 systems-change projects in child welfare jurisdictions across the country. The article describes the process for measure development, method of administration and data collection, and quantitative and qualitative findings.

Treating Juveniles Like Juveniles: Getting Rid Of Transfer And Expanded Adult Court Jurisdiction, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The number of juveniles transferred to adult court has skyrocketed in the past two decades and has only recently begun to level off. This symposium article argues that, because it wastes resources, damages juveniles, and decreases public safety, transfer should be abolished. It also argues that the diminished culpability rationale that has had much-deserved success at eliminating the juvenile death penalty and mandatory life without parole for juveniles is not likely to have a major impact on the much more prevalent practices of transferring mid- and older-adolescents to adult court and expanding adult court jurisdiction to adolescents; neither the law …

A Study Of Juvenile Record Sealing Practices In California , Leonard Edwards, Inger J. Sagatun

Pepperdine Law Review

No abstract provided.

Expanding The Neglected Role Of The Parent In The Juvenile Court , Raymond F. Vincent

Pepperdine Law Review

No abstract provided.

Certification Of Juveniles To Adult Court , Joseph N. Sorrentino, Gary K. Olsen

Pepperdine Law Review

No abstract provided.

Guidelines For Statutes For Transfer Of Juveniles To Criminal Court , Elizabeth W. Browne

Pepperdine Law Review

No abstract provided.

First Annual Juvenile Law Thematic Journal Pepperdine Law Review: Introduction, John L. Roche

Pepperdine Law Review

No abstract provided.

Juvenile Justice In Transition , Julian C. Dixon

Pepperdine Law Review

No abstract provided.

Legislative Response To In Re Ronald S.: Cal. A.B. 958, Richard E. Boehm

Pepperdine Law Review

No abstract provided.

Preying On Playgrounds: The Sexploitation Of Children In Pornography And Prostitution, C. David Baker

Pepperdine Law Review

No abstract provided.

The Differential Detention/Jailing Of Juveniles: A Comparison Of Detention And Non-Detention Courts, John H. Kramer, Darrell J. Steffensmeier

Pepperdine Law Review

No abstract provided.

Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder

Pepperdine Law Review

No abstract provided.

Child Abuse Victims: Are They Also Victims Of An Adversarial And Hierarchial Court System?, Lorraine Adler

Pepperdine Law Review

No abstract provided.

Here's Looking At You, Kid: Prosecutors In The Juvenile Court Process, David Keith Hicks

Pepperdine Law Review

No abstract provided.

Criminals Without Crime: The Dilemma Of The Status Offender, Lawrence N. Blum

Pepperdine Law Review

No abstract provided.

Procedural Due Process In The Discipline Of Incarcerated Juveniles, Allen F. Breed, Paul H. Voss

Pepperdine Law Review

No abstract provided.

Introduction: The Role Of The Juvenile Court - Social Or Legal Institution?, Enrique H. Pena

Pepperdine Law Review

No abstract provided.

Take My Child, Please - A Plea For Radical Nonintervention, William M. Marticorena

Pepperdine Law Review

No abstract provided.

The California Youth Authority: Planning For A Better Tomorrow, Pearl S. West

Pepperdine Law Review

No abstract provided.

Statement Of William S. White, William S. White

Pepperdine Law Review

No abstract provided.

A Compendium Of Major California Juvenile Law Decisions With Brief Analyses, 1979, Michael T. Lubinski, Robert M. Triplett

Pepperdine Law Review

Society has been plagued with the problem of whether the police, the courts and the correction agencies are to administer juveniles for their protection and treatment, or for their punishment. To facilitate a better understanding of juvenile administration the authors have analyzed the California juvenile law cases for the year 1979. The article consists of six major area of interest; parent-child custody, sentencing, procedure, jurisdiction, evidentiary and constitutional which will be used to highlight some of the more significant decisions in the past year, thus enabling the reader to assess changes occurring in the juvenile system.