Open Access. Powered by Scholars. Published by Universities.®

Juvenile Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

ExpressO

Articles 31 - 32 of 32

Full-Text Articles in Juvenile Law

Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring Feb 2004

Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring

ExpressO

No abstract provided.

Go to article

Immaturity, Normative Competence, And Juvenile Transfer: How (Not) To Punish Minors For Major Crimes, David O. Brink Jan 2004

Immaturity, Normative Competence, And Juvenile Transfer: How (Not) To Punish Minors For Major Crimes, David O. Brink

ExpressO

This essay critically examines the national trend to get tough on juvenile crime by making it easier to transfer juvenile offenders to adult criminal court. It assesses this trend in light of different rationales for punishment, arguing that immaturity provides retributive, deterrent, and corrective reasons to punish juvenile crime differently than otherwise similar adult crime. Insofar as retributive concepts determine whom to punish and how much to punish, it is especially important that immaturity involves diminished normative competence and, hence, diminished responsibility. In defending a traditional approach to juvenile criminal justice against the reforms embodied in the transfer trend, the …

Go to article

First Prev