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Articles 61 - 79 of 79
Full-Text Articles in Juvenile Law
Blood Transfusions And Elective Surgery: A Custodial Function Of An Ohio Juvenile Court, M. J. Zaremski
Blood Transfusions And Elective Surgery: A Custodial Function Of An Ohio Juvenile Court, M. J. Zaremski
Cleveland State Law Review
Juvenile Court has traditionally been though of, within American jurisprudence, as an appendage of the state acting as parens patriae. This obligation dates back to the ancient role of the sovereign as protector of helpless children. An abundance of case law has con- strued and reinterpreted this doctrine, but none has significantly deviated from the general definition. Therefore, the description given in Black's Law Dictionary that parens patriae refers ". . to the sovereign power of guardianship over persons under disability . . . such as minors . . ." will suffice for the purposes of the ensuing discussion. These …
Banishment From The Kingdom Of Lake (County), Nelson G. Karl
Banishment From The Kingdom Of Lake (County), Nelson G. Karl
Cleveland State Law Review
On the 19th day of May, 1971, the Supreme Court of Ohio denied habeas corpus relief to Michael Edsall, a fourteen year old boy who had been banished from Lake County, Ohio. In denying habeas corpus relief to Mike Edsall, the Ohio Supreme Court concluded that the Juvenile Court had jurisdiction over both the person of Mike Edsall and the subject matter, and that an appeal from the decision would have been the appropriate means by which the order of the Juvenile Court could be reviewed. But in so doing, the Supreme Court avoided dealing with the substantive issue of …
Character Evidence And The Juvenile Record, Terrence N. O'Donnell
Character Evidence And The Juvenile Record, Terrence N. O'Donnell
Cleveland State Law Review
When a youngster makes a mistake and is arrested for committing a crime, should that act, committed while he is still a juvenile, appear and reappear, to haunt the offender for the rest of his life? There are some people in this country who say that we are not tough enough with our young people. But even they would not want the life of a young person marred forever by a mistake which he made as a juvenile.
Contributory Negligence Of Very Young Children, James B. Wilkens
Contributory Negligence Of Very Young Children, James B. Wilkens
Cleveland State Law Review
If in backing your car out of a driveway you look to only one side as you approach the sidewalk, and strike and injure a pedestrian approaching from the other side, who had been so engrossed in conversation with a companion as not to have cast even a glance up the driveway, your liability for his injuries might well depend upon his age. The standard of care required (in most circumstances) of normal adults (and corporations) for the protection of themselves and of others is that they take such care as ordinary prudent persons would take in the circumstances. Little, …
Role Of The Attorney In Juvenile Court, Julian Greenspun
Role Of The Attorney In Juvenile Court, Julian Greenspun
Cleveland State Law Review
An attorney once commented that the effect of Gault was to place him in his proper role, that of an advocate whose sole purpose was to defend constitutional rights, and that he did not have to be a social worker or psychologist. But the effect of Gault is to bring counsel into the Juvenile Court, which is a court with compassion. Thus, being a special court, it requires special skills, so that the client may not only receive due process, but if needed, will receive proper care.
Book Review, David B. Mcclure
Book Review, David B. Mcclure
Cleveland State Law Review
Reviewing George C. Newman, ed., Children in the Courts - The Question of Representation, Institute of Continuing Legal Education, 1967
Constitutional Rights In Juvenile Court, Joseph L. Rubin
Constitutional Rights In Juvenile Court, Joseph L. Rubin
Cleveland State Law Review
On June 20, 1966, the United States Supreme Court noted that it had probable jurisdiction in the case of In Re Gault. Ten months and three weeks later, the Supreme Court reached a landmark decision on judicial handling of juvenile delinquency matters. On May 15, 1967, the court handed down a ruling that many of the constitutional procedural protections previously observed only in adult trials are also applicable to children in juvenile court proceedings. This decision portends a major change in the manner in which most of the nation's three thousand juvenile courts have been functioning. The significance of this …
Fireworks, Explosives, Guns, And Minors, George Braun
Fireworks, Explosives, Guns, And Minors, George Braun
Cleveland State Law Review
In most of the United States the laws governing the sale and use of fireworks, explosives and flammable decorations follow the form of control regulations recommended by the National Fire Prevention Association. These severely restrict the use of explosives and fireworks (with the exception of paper caps for toy guns) to adults. Ohio has led the trend by imposing safeguards more restrictive than most states and, by recent statutes together with decisions, imposing strict standards against manufacturers, sellers, keepers, users or other handlers of explosives and fireworks in attempts to effectively control the hazards presented by these products.
Parent-Child Tort Actions, Richard W. Dunn
Parent-Child Tort Actions, Richard W. Dunn
Cleveland State Law Review
The rule in all states that have heard such actions is that an unemancipated child cannot sue his parent for a negligent tort in their ordinary family relationships. There does not appear to be any exception to that rule, unless the "business injury" rule (discussed below) is an exception. It is the opinion of this writer that this iron rule is archaic and should be changed. A total stranger may recover damages for the negligent act of a person who may be a parent, yet that same parent's own child may not recover.
Contributory Negligence Of Children, James H. Keet Jr.
Contributory Negligence Of Children, James H. Keet Jr.
Cleveland State Law Review
We will deal primarily with the child of tender years and will touch only briefly on the teen-ager in the field of contributory negligence. We will first examine the characteristics of younger children which the courts have emphasized in applying the doctrine of contributory negligence and then review the rationale underlying the way in which the courts have applied the doctrine to the child. We will find that the "capacity" of a child to be contributorily negligent has presented problems which are related to the standard of care which the child, if capable of contributory negligence, must observe in order …
Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel
Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel
Cleveland State Law Review
The common law view of contributory negligence theoretically still obtains in most jurisdictions. Thus, if the plaintiff's negligence proximately contributes to his resulting injury or damage, he is barred entirely from recovery. But this rule is "honored in the breach" in a growing number of jurisdictions that theoretically do not accept the doctrine of comparative negligence.
Book Review, Walter G. Whitlatch
Book Review, Walter G. Whitlatch
Cleveland State Law Review
Reviewing Sol Rubin, Crime and Juvenile Delinquency, Oceana Inc., 1961, 2d ed.
Evidence Problems In Juvenile Delinquency Proceedings, Ronald J. Harpst
Evidence Problems In Juvenile Delinquency Proceedings, Ronald J. Harpst
Cleveland State Law Review
Some of the most perplexing problems facing the attorney defending a child charged with a delinquency have their inception in misunderstandings, lack of uniformity and loose application of evidential rules. In order to serve the best interests of the children who are before it, and to obtain necessary facts with which to formulate a rehabilitation plan, the courts have a tendency to waive strict adherence to evidence rules. The methodical attorney wonders how the court can serve the best interests of the child and yet seemingly not afford to the child the equal protection of its laws of evidence.
Practice In Cuyahoga County Juvenile Court, Ronald J. Harpst
Practice In Cuyahoga County Juvenile Court, Ronald J. Harpst
Cleveland State Law Review
By avoiding Juvenile Court cases, the attorney not only deprives himself of many cases, but neglects a primary social and professional responsibility. The purpose of this paper is to acquaint the practicing attorney with "bread and butter" practices and procedures of Juvenile Court and to dispel misconceptions as to the status of practice in that court.
Evidence In Cuyahoga County Juvenile Court, Elaine J. Columbro
Evidence In Cuyahoga County Juvenile Court, Elaine J. Columbro
Cleveland State Law Review
Most persons are aware that Juvenile Court proceedings are informal in character. The accused often appears without counsel, and often admits to participation in the violation. In spite of this, however, the Court must still operate on well laid principles of law. The Court must adhere to rules of evidence applicable to the type of case being heard, and the allegations must be proved. The Court handles various types of cases and therefore much confusion arises over what rules of evidence are applicable in each instance.
Treatment Practices In Juvenile Court, Eleanor A. Blackley
Treatment Practices In Juvenile Court, Eleanor A. Blackley
Cleveland State Law Review
To argue that the adjudicated child is not "punished" as the adult offender but is provided care, protection, and treatment is to make a distinction without a difference. The sanctions employed by the children's court are essentially the same as those the criminal court uses: principally, probation and institutional commitments.
Parental Delinquency, E. F. Samore
Parental Delinquency, E. F. Samore
Cleveland State Law Review
Juvenile delinquency is a widely discussed subject. Every segment of our society has its experts on the subject, and every expert has a solution. Yet the problems not only increase, but become more and more complex in all strata of our society. The problems have become so commonplace that our society seems to be accepting them as a normal necessary evil about which little can be done. As a prosecutor or as defense counsel, I have never yet met any parents who willingly admitted fault in these problems. They insist that they have been good parents and that the fault …
Book Review, E. F. Samore
Book Review, E. F. Samore
Cleveland State Law Review
Reviewing Sol Rubin, Crime and Juvenile Delinquency, Oceana, 1958
Welfare And Social Progress In The Prevention And Treatment Of Juvenile Delinquency, William F. Burns
Welfare And Social Progress In The Prevention And Treatment Of Juvenile Delinquency, William F. Burns
Cleveland State Law Review
Juvenile delinquency is a subject on which many papers might be written from different points of view and approaches. The study enters a field of social science, knowledge and organization in which a tremendous body of scientific information has developed during recent years. Universities, training schools for social workers, and numerous other agencies have shown an ever increasing interest in the study of the problem of the child. Because of this, a better understanding of both the child and his behaviour is much more possible than ever before.