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Articles 781 - 810 of 891
Full-Text Articles in Juvenile Law
They Dropped The Ball: The Failure Of The Nevada Supreme Court To Consider The Impact Of The Iccpr's Ban On Capital Punishment For Juvenile Offenders In Domingues V. State, Lisa A. Blythe
Penn State International Law Review (1982 - 2011)
No abstract provided.
Murder By Child Abuse—Who's Responsible After State V. Jackson? , Christine A. Martin
Murder By Child Abuse—Who's Responsible After State V. Jackson? , Christine A. Martin
Seattle University Law Review
Currently, under Washington law, a passive parent is not legally responsible for the death of his or her child from abuse. State v. Jackson is a horrific illustration of the gaps in Washington's law regarding the issue of who is responsible for the death of a child by abuse. Because passive parents should be held responsible for the death of their child from abuse, and because Washington's current laws are inadequate, Washington's legislature should create a special statute that would hold both abusive and passive parents culpable for the death of a child resulting from abuse.
Is Lowering The Age At Which Juveniles Can Be Transferred To Adult Criminal Court The Answer To Juvenile Crime? A State-By-State Assessment
San Diego Law Review
The trend toward "get tough" policies concerning juveniles has swept through just about every state in the nation, affecting younger and younger minors. In Texas in 1997, not long after a tougher law was passed, a fourteen-year-old girl accused of murder became the youngest juvenile ever to stand trial as an adult in Tarrant County. Texas lowered the age from fifteen to fourteen in a 1995 revision of the state's juvenile justice code. In Michigan, an eleven-year-old boy, Nathaniel Abraham, became one of the youngest persons in the United States to be tried for murder as an adult; he allegedly …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
A New Lesson Plan For Educational Institutions: Expanded Rules Governing Liability Under Title Ix Of The Education Amendments Of 1972 For Student And Faculty Sexual Harassment, Anne-Marie Harris, Kenneth B. Grooms
A New Lesson Plan For Educational Institutions: Expanded Rules Governing Liability Under Title Ix Of The Education Amendments Of 1972 For Student And Faculty Sexual Harassment, Anne-Marie Harris, Kenneth B. Grooms
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Offense: Interpreting The Indictment Requirement In 21 U.S.C. § 851, Christopher Serkin
The Offense: Interpreting The Indictment Requirement In 21 U.S.C. § 851, Christopher Serkin
Michigan Law Review
Congress enacted the Comprehensive Drug Abuse Prevention and Control Act of 1970 ("the Act") to unify and rationalize its treatment of drug offenses. The Act was an enormous piece of legislation, requiring months of congressional hearings before it was passed. Today, the Act encompasses over 150 sections of title 21 of the U.S. Code and regulates behavior ranging from manufacturing and mislabeling to prescribing controlled substances. Like any piece of complex legislation, the Act has spawned its share of litigation. One controversy has defied satisfactory resolution: the meaning of the innocuous phrase, "the offense," in section 851(a)(2). The statute's structure …
Religion And The Public Defender, Sadiq Reza
Religion And The Public Defender, Sadiq Reza
Faculty Scholarship
This Essay will argue that the public defender, or any other attorney appointed by the court to defend adults or juveniles charged with criminal offenses, should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional imperatives, except in the rare case of imminent death or serious bodily harm to another. This argument rests on the following four premises: (1) the public defender occupies a unique position in our legal system, and options that may be available to lawyers who serve private …
When To Hear The Hearsay: A Proposal For A New Rule Of Evidence Designed To Protect The Constitutional Right Of The Criminally Accused To Confront The Witnesses Against Her, 32 J. Marshall L. Rev. 1287 (1999), Scott A. Smith
UIC Law Review
No abstract provided.
Childhood Abuse And Adult Murder: Implications For The Death Penalty, Phyllis L. Crocker
Childhood Abuse And Adult Murder: Implications For The Death Penalty, Phyllis L. Crocker
Law Faculty Articles and Essays
A jury that convicts a defendant of capital murder must then decide whether that defendant deserves a life sentence or death. Mitigating evidence is crucial to the defense at this stage because such evidence may provide the jury with a basis for imposing a life sentence. In this article, Professor Crocker argues that evidence that a defendant was abused as a child is paradigmatic mitigating evidence. A detailed presentation of the defendant's childhood experience and a cogent explanation of its long-term repercussions will enable the jury to understand why the defendant committed the crime, perhaps allowing the jury to sympathize …
A Current Look At Ohio's Juvenile Justice System On The 100th Anniversary Of The Juvenile Court, Scott C. Zarzycki
A Current Look At Ohio's Juvenile Justice System On The 100th Anniversary Of The Juvenile Court, Scott C. Zarzycki
Cleveland State Law Review
This Note takes a closer look at the problems associated with transferring juveniles to adult court by focusing on Ohio's juvenile transfer statute. Part II begins with an analysis of the history of the juvenile court, including its establishment and evolution throughout time. It also includes an analysis of how the common interpretation of the original approach to juvenile crime has created an overly narrow view of how to deal with the problem today. Part III examines the latest crime statistics that reveal a significant drop in juvenile crime. This section also explores various alternative explanations for the apparent rise …
Book Review, David S. Tanenhaus
Book Review, David S. Tanenhaus
Scholarly Works
In his engaging The Supreme Court and Juvenile Justice, political scientist Christopher P. Manfredi argues that Americans in the 1990s are still feeling the powerful and unintended consequences of a trilogy of Supreme Court decisions, Kent v. United States (1966), In re Gault (1967), and In re Winship (1970). In Gault, the most famous of these cases, Justice Abe Fortas announced that it was time for the “constitutional domestication” of the nation’s juvenile courts and began this process by extending limited due process protection to offenders during adjudicatory hearings. Fortas believed that these protections would shield juveniles from unlimited …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Do The Adult Crime, Do The Adult Time: Due Process And Cruel And Unusual Implications For A 13-Year-Old Sex Offender Sentenced To Life Imprisonment In State V. Green, Paul G. Morrissey
Do The Adult Crime, Do The Adult Time: Due Process And Cruel And Unusual Implications For A 13-Year-Old Sex Offender Sentenced To Life Imprisonment In State V. Green, Paul G. Morrissey
Villanova Law Review (1956 - )
No abstract provided.
Foreword, Elizabeth S. Scott
Foreword, Elizabeth S. Scott
Faculty Scholarship
In November 1998, the interdisciplinary Center for Children, families and the Law at the University of Virginia sponsored a conference on Youth Violence and Juvenile Justice Reform. The conference brought together an extraordinary group of experts from the academic disciplines of law, criminology and psychology. Before an audience made up of researchers, students, policymakers, and practitioners in the field of juvenile justice, these experts analyzed legal policy toward juvenile crime from a variety of disciplinary and methodological perspectives. The articles in this important symposium issue of the Virginia Journal of Social Policy & the Law are based on the papers …
Punishment Or Treatment For Adolescent Offenders: Therapeutic Integrity And The Paradoxical Effects Of Punishment, Jeffrey A. Fagan
Punishment Or Treatment For Adolescent Offenders: Therapeutic Integrity And The Paradoxical Effects Of Punishment, Jeffrey A. Fagan
Faculty Scholarship
Throughout much of its history, the American juvenile court maintained a goal of rehabilitation of the individual, and placed custody and punishment as secondary or ancillary goals in the pursuit of "remaking the child's character and lifestyle." To its founders, the development of a separate juvenile court reflected a fundamental distinction between sanctions based on characteristics of the offender, and punishment based on the offense. Juvenile court dispositions were designed to determine why the child was in court, and what could be done to avoid future appearances. Judge Julian Mack's classic statement of the original theory of the juvenile court …
Context And Culpability In Adolescent Crime, Jeffrey A. Fagan
Context And Culpability In Adolescent Crime, Jeffrey A. Fagan
Faculty Scholarship
This Essay merges the perspectives of context and decision-making to assess the role of contextual factors in the unfolding of violent events by adolescents. The framework for decision-making assumes that context is a dynamic rather than a static feature of the cognitive landscape. Decisions by adolescents to engage in crime or violence are shaped through interactions with features of their environments, are contingent on responses emanating from that context, and are filtered through the unique lens of adolescence. Rather than assuming discrete and independent components in a decision framework, this Essay assumes that decisions are the product of interactions across …
Proportionality And Punishment: Imposing Life Without Parole On Juveniles, Wayne A. Logan
Proportionality And Punishment: Imposing Life Without Parole On Juveniles, Wayne A. Logan
Scholarly Publications
The Eighth Amendment provides that “no cruel and unusual punishment shall be inflicted.” The Supreme Court has interpreted to this to mean a punishment cannot be “grossly disproportionate” to the crime. In this article, the author addresses whether an offender's age should play a role in assessing whether a sentence is “grossly disproportionate.” Specifically, the author addresses the increasingly common practice of imposing life without parole on offenders who are under sixteen years of age at the time they committed their offense, and whether such offenders’ youthful status should play a role in proportionality analysis. The article first provides an …
Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer
Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer
Buffalo Public Interest Law Journal
No abstract provided.
Extended Jurisdiction Juvenile Prosecution: A New Approach To The Problem Of Juvenile Delinquency In Illinois, 31 J. Marshall L. Rev. 1351 (1998), Mary E. Spring
UIC Law Review
No abstract provided.
When Something Wicked This Way Comes: Evolving Standards Of Indecency - Thompson And Stanford Revisited , Jennifer L. Whitney
When Something Wicked This Way Comes: Evolving Standards Of Indecency - Thompson And Stanford Revisited , Jennifer L. Whitney
Cleveland State Law Review
If the death penalty becomes an option for children under sixteen, the unavoidable conclusion must be that we have reverted back to colonial theories of punishment. The issue facing the nation will again become at what age to draw the line. In this article I argue that, as a society, we must prevent such executions and refute claims that, as a result of the failure of the juvenile justice system to rehabilitate killers before they kill, a consensus in favor of reducing the minimum age of execution has evolved. Part II of this note presents the theories of colonial crime …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Arkansas' Missed Opportunity For Rehabilitation: Sending Children To Adult Courts, Gerrard F. Glynn
Arkansas' Missed Opportunity For Rehabilitation: Sending Children To Adult Courts, Gerrard F. Glynn
University of Arkansas at Little Rock Law Review
No abstract provided.
The Sixth Amendment: Protecting Defendants' Rights At The Expense Of Child Victims, 30 J. Marshall L. Rev. 767 (1997), Julie A. Anderson
The Sixth Amendment: Protecting Defendants' Rights At The Expense Of Child Victims, 30 J. Marshall L. Rev. 767 (1997), Julie A. Anderson
UIC Law Review
No abstract provided.
The Use Of Facilitated Communication In Child Abuse Prosecutions, James Frederick Watson
The Use Of Facilitated Communication In Child Abuse Prosecutions, James Frederick Watson
University of Richmond Law Review
Before allowing a child who has alleged that he or she has been abused to testify at trial, a judge must be satisfied that the child is competent. In other words, the judge must find that the child has the ability to "observe, record, recollect and recount as well as an understanding of the duty to tell the truth." Determining whether children with certain developmental disorders are competent to testify has recently presented the courts with some difficult issues, as evidenced by a recent case in which the Supreme Court of Kansas upheld a conviction based primarily on the apparent …
The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso
The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso
Faculty Scholarship
The legal response to juvenile crime is undergoing revolutionary change, and its ultimate shape is uncertain. The traditional juvenile court, grounded in optimism about the potential for rehabilitation of young offenders, has long been the target of criticism, and even its defenders have been forced to acknowledge that it has failed to meet its objectives. Beginning in the late 1960s, when the Supreme Court introduced procedural regularity to delinquency proceedings in In re Gault, courts and legislatures began to slowly chip away at the foundations of the juvenile justice system. Recent developments have accelerated and intensified that process, as …
A Mere Youthful Indiscretion? Reexamining The Policy Of Expunging Juvenile Delinquency Records, T. Markus Funk
A Mere Youthful Indiscretion? Reexamining The Policy Of Expunging Juvenile Delinquency Records, T. Markus Funk
University of Michigan Journal of Law Reform
Recent studies by the U.S. Department of Justice have found that, while adult violent crime rates continue to drop, today's juvenile offenders are the fastest growing segment among violent criminals. The unprecedented increase in juvenile criminality is expected to result in a dramatic increase in the overall rate of violent crime as these juveniles approach majority. Funk argues that most states have not adapted to the troubling reality that the juvenile offenders of today are not the hubcap-stealing youths of days gone by, and that chronic adult criminality is predicated on violent and repeated acts of juvenile delinquency. These jurisdictions …
Has Time Rewritten Every Line?: Recovered-Memory Therapy And The Potential Expansion Of Psychotherapist Liability, Jeffrey A. Mullins
Has Time Rewritten Every Line?: Recovered-Memory Therapy And The Potential Expansion Of Psychotherapist Liability, Jeffrey A. Mullins
Washington and Lee Law Review
No abstract provided.
Disclosing The Identities Of Juvenile Felons: Introducing Accountability To Juvenile Justice, Arthur R. Blum
Disclosing The Identities Of Juvenile Felons: Introducing Accountability To Juvenile Justice, Arthur R. Blum
Loyola University Chicago Law Journal
No abstract provided.
The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi
The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi
Seattle University Law Review
Article I, section 20 of the Washington Constitution states that "[a]ll persons charged with crimes shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great." Despite seemingly unequivocal language that this constitutional provision is applicable to "all persons," the Washington Supreme Court, in Estes v. Hopp, declared that juveniles do not have a constitutional right to bail. The Estes court engaged in little constitutional analysis, but instead, reasoned that juvenile proceedings are civil in nature and that article 1, section 20 applies only in criminal proceedings. Central to the Estes …
The Role Of Firearms In Violence "Scripts": The Dynamics Of Gun Events Among Adolescent Males, Deanna L. Wilkinson, Jeffrey Fagan
The Role Of Firearms In Violence "Scripts": The Dynamics Of Gun Events Among Adolescent Males, Deanna L. Wilkinson, Jeffrey Fagan
Faculty Scholarship
In recent years, the use and deadly consequences of gun violence among adolescents has reached epidemic proportions. At a time when national homicide rates are declining, the increasing rates of firearm deaths among teenagers is especially alarming. Deaths of adolescents due to firearm injuries are disproportionately concentrated among nonwhites, and especially among African-American teenagers and young adults. Only in times of civil war have there been higher within-group homicide rates in the United States. There appears to be a process of self-annihilation among male African-American teens in inner cities that is unprecedented in American history. Unfortunately, few studies have examined …