Juvenile Law Commons^™

Promoting Developmentally Informed Justice: A Developmental Assessment Referral Framework For Juvenile Transfer Decisions, Carly F. Colman

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

The transfer of youth between juvenile courts and adult courts is one of the most consequential decisions made in the American legal system, as it will influence the youth’s legal outcomes, developmental trajectories, and long-term well-being. Advances in adolescent brain science show that there are many factors associated with youthful offending, including developmental immaturity, susceptibility to external influences, and ongoing neurobiological development—all of which are related to age, rather than being fixed criminal traits. Despite this growing body of evidence, legal decision-making in juvenile transfer and sentencing does not consistently incorporate individualized developmental data. This paper examines the important role …

Juvenile Lifers: Adapting To Life While Doing Life, Tristin Faust

Theses, Dissertations and Culminating Projects

This qualitative study examined psychosocial maturation among individuals sentenced to life imprisonment for offenses committed during adolescence. Archival interview and survey data were analyzed for 30 men who had been resentenced and released after serving an average of 31 years in prison. Findings revealed a developmental progression across four stages: pre-incarceration, initial incarceration, catalysts for change, and later incarceration. Participants described entering prison with developmental immaturity compounded by trauma, unstable home environments, educational disruption, and antisocial peer influence. Their early years of incarceration were marked by anger, fear, misconduct, and survival-oriented behavior. Over time, participants identified discrete events and ongoing …

“I Have A Voice”: Bridging The Communication And Sensemaking Gap Between Restorative Justice Practice And Program Implementation, Stefan Cocorelis

Dissertations

Restorative justice (RJ), a philosophy, practice, and movement inspired by local, largely Indigenous traditions, has increasingly been introduced in modern criminal justice systems as an alternative process to more comprehensively address harmful incidents, heal harms, and meet victim’s needs. While RJ implementation growth is encouraging for its advocates, there remain significant questions around formalized RJ practice. Specifically, little is known about the decision-making process in implementing and administering RJ programming within criminal justice. This dissertation aimed to contribute to the understanding of RJ practice and implementation efforts within criminal justice systems by putting emphasis on practitioners already working directly in …

The Lived Experiences Of African American Youth With The Juvenile Justice System, Marion D. Rogers

Theses, Dissertations and Culminating Projects

This qualitative case study examined the lived experiences of African American youth in the juvenile justice system using Bronfenbrenner’s Ecological Systems Theory and Intersectionality Theory as guiding frameworks. Three participants engaged in three rounds of in-depth interviews, and the data were analyzed using open, axial, and selective coding, with findings presented at the within-case and cross-case levels. Results revealed how family dynamics, school exclusion, community survival strategies, and systemic surveillance shaped participants’ pathways through the justice system, while experiences of resilience coexisted with mistrust, invisibility, and ambivalence toward counselors and authority figures. The study highlights the importance of culturally responsive …

Understanding The Impact Of Childhood Trauma On Recidivism Among Justice-Involved Youth, Jasmine Valencia, Karina V. Garcia, Genaro Fabela

Electronic Theses, Projects, and Dissertations

Adverse Childhood Experiences (ACEs) are especially common among youth involved in the juvenile justice system, and research has consistently linked these early traumatic experiences to a variety of negative behavioral and developmental outcomes. Still, we do not fully understand how strongly cumulative ACE exposure predicts whether detained youth will reoffend, or whether trauma-informed rehabilitation programs can help reduce that risk. This proposed quantitative study explores the relationship between ACE scores and recidivism among youth ages 11–18 detained at the San Bernardino County Juvenile Detention Center. Grounded in trauma theory and ecological systems theory, the study focuses on two primary questions: …

Policy Recommendations To Reduce False Confessions By Juveniles In Wrongful Conviction Cases, Rohit R. Iyer

CMC Senior Theses

This research focuses on false confessions by juveniles in the United States justice system. False confessions are statements made by suspects during investigations in which individuals provide statements to investigators admitting to a crime in which they had no part. In these cases, individuals often spend years, if not the entirety, of their lives behind bars for crimes they did not commit. False confessions are the result of a number of systemic factors that will be discussed in this paper. While relatively rare, they are one of the largest blemishes in the U.S. justice system. Juveniles – individuals below the …

Eroding Protections: The Decline Of Miranda Rights And Its Impact On Due Process In Contemporary America, Autumn G. Pelfrey

Honors Undergraduate Theses

This thesis examines whether the protections established in Miranda v. Arizona, 384 U.S. 436 (1966), remain robust within contemporary criminal justice practice or have been weakened through doctrinal and practical developments. Miranda warnings were originally designed to mitigate the risk that coercive custodial interrogation would produce compelled or unreliable self-incrimination. Since 1966, however, both judicial interpretation and evolving law-enforcement practices have created a growing gap between Miranda’s formal legal promise and its practical operation in real-world interrogations.

The study evaluates the erosion of Miranda’s protective force through three primary mechanisms. First, doctrinal developments have narrowed Miranda’s scope by redefining …

Lost In Translation: How The Criminal Justice System Fails Individuals With Autism, J.Mckenna Harris

Master of Arts in Human Services

Adults with autism spectrum disorder face significant challenges throughout the criminal justice system, from initial police contact through incarceration. This capstone examined how the core features of autism, literal language processing, difficulty reading social cues, sensory sensitivities, and executive function deficits, create vulnerabilities that legal professionals frequently misunderstand. The literature review revealed a consistent pattern: behaviors rooted in autism are routinely misinterpreted as signs of guilt, defiance, or lack of remorse. During interrogations, individuals with autism are highly susceptible to false confessions because they struggle with abstract legal language, tend to comply with authority figures, and cannot predict the consequences …

Empathy On Trial: The Role Of Neuroscience And Communication In Sexual Violence Jurisprudence, Samantha M. Gonzales

Honors Program Theses and Research Projects

Sexual violence remains a contentious public safety and legal challenge, which has become further complicated by the tension between supporting victim-survivors and safeguarding the falsely accused. False accusations, though still well below the numbers of rightly accused, are experiencing a rise in popularity given recent (past ten years) political climates. This thesis examines how communication theory, neuroscience, and law intersect in molding perceptions of truth, culpability, and justice in sexual violence cases; while also examining the intersectionality of those fields in addressing the candor of allegations, the rate of recidivism, and quality of public health and safety. The most prominent …

Underlying Causes Linking Foster Care And The Criminal Justice System, Marcia D. Wheeler

Master of Arts in Human Services

This research expands on the ongoing statewide crisis within the foster care system that needs to be properly addressed to benefit future and current foster youth. Research has found a connection between foster care and prison, often referred as the “foster-care-to-prison-pipeline.” This study aimed to explore the impact of trauma experienced by current and former foster youth through a life course lens looking at crucial areas of development using a mixed methodology supported by theoretical theories that explored the connection between foster care and the criminal justice system. The results showed that current and former foster youth face many adversities …

Criminogenic Risk Factors For Delinquency In Relation To The Custodial Parent: Incorporating Parent-Child Gender Dyads, Behavioral Control, And Support, Niko Noel Piña-Anastasiadis

All-Inclusive List of Electronic Theses and Dissertations

Juvenile delinquency tends to be higher in single-parent households (Kroese et al., 2021). Research investigating this phenomenon has found conflicting results on whether a juvenile has lower rates of delinquency with a custodial father (paternal hypothesis), custodial mother (maternal hypothesis), or whether gender is secondary to other factors. Similarly, some studies found that the interaction of the juvenile living with a same-gendered parent was associated with lower levels of delinquency. Further complications include how parental variables, such as behavioral control and support levels, may interact with the juvenile and custodial parent gender (Hoeve et al., 2009). The current study utilizes …

The Role Of Geographic Area On Juvenile Delinquency: Evidence From The 2023 National Survey On Drug Use And Health, Sara G. Remy

Sociology and Criminology Undergraduate Honors Theses

This study explores the relationship between geographic area and juvenile delinquency, with particular attention to how this relationship varies across the following settings: large metropolitan areas, small metropolitan areas, and rural areas. Using nationally representative data from the 2023 National Survey on Drug Use and Health (NSDUH), the analysis focuses on youth under the age of 18 and incorporates additional social factors such as parental involvement, gender, grade level, and race/ethnicity. Results from my negative binomial regression models demonstrate that geographic area did not play significant role in delinquency overall. Income showed notable variation by geographic setting: in rural areas, …

Investigating Exoneration Patterns Among Juveniles, Kristin Mahan

Electronic Theses and Dissertations

Exoneration from crime has been studied among adults, but exoneration of juveniles (i.e., persons under age 18) has not been analyzed as a separate entity, despite distinct legal systems and developmental considerations. Wrongful conviction, while not always indicative of innocence, devastates lives of convicted individuals and their families, while increasing public mistrust and sometimes failing to convict truly guilty individuals. This devastation, as well as vulnerability to wrongful conviction, is significantly increased for youth who miss out on crucial developmental years, milestones, and opportunities.

In the current study, I examined differing and intersecting contributors (i.e., individual characteristics, crime characteristics, legal …

Breaking The Pipeline: Exploring Exclusionary Discipline, Restorative Justice, And The Attitudes And Beliefs Of Educators, Ericka J. Varnedoe

Honors College Theses

This study explores the connection between exclusionary disciplinary practices and the school-to-prison pipeline. It highlights how exclusionary discipline, including suspensions and expulsions, disproportionately affects marginalized groups such as students of color, students with disabilities, and LGBTQ youth, further contributing to the school-to-prison pipeline. In contrast, restorative justice, a non-punitive approach, offers a promising alternative. Initially adopted from the criminal justice system, restorative justice has been integrated into school environments to foster positive school climates, improve experiences, and mitigate challenging behaviors. This research examines educators' attitudes toward both exclusionary and restorative practices, as well as their awareness and implementation of restorative …

Digital Child Labor Exploitation In Sharenting: Proposing Legislative Solutions For Enhanced Child Protection, Joana Guzman Gonzalez

University Honors Theses

This thesis explores the implications of sharenting -- the practice of sharing children's information on mass media--raises urgent concerns about child safety and potential human rights violations -- and the exploitation of children in digital spaces, focusing on the risks of privacy, safety and mental health pose by the rise of kidfluencers – children influencers under the age of 18 – and family vlog channels. Through a comprehensive literature review, the research examines children's online presence's emotional, legal, and societal impacts, drawing from case studies such as Sheri Franke, Wren Eleanor, Ryan Kaji, and JoJo Siwa. The analysis reveals a …

Restorative Justice Initiatives In Marin County: Mitigating The Impacts Of The School-To-Prison Pipeline On Youth, Gina Dudley

Social Justice | Senior Theses

My senior thesis project delves into Restorative Justice's role in addressing the school-to-prison pipeline in Marin County. Restorative Justice prioritizes repairing the harm caused by crime to individuals, relationships, and communities, advocating for offenders to take responsibility and make amends rather than solely facing punishment (Restorative Justice Exchange, 2022). My capstone aims to pinpoint factors driving student exclusion from schools and subsequent entanglement in the legal system while highlighting how restorative approaches can prevent such outcomes. Additionally, it discusses the benefits of removing police officers from schools and reducing reliance on law enforcement within educational settings. My research will use …

Reentry Realities: Examining The Role Of Aftercare Programs In Supporting Justice-Involved Youth, Lynda Girven

Honors Undergraduate Theses

The current study examined if aftercare and reentry programs helped to reduce recidivism among youth who have been involved in the juvenile system, and specifically, youth released from residential placement facilities. Different components of aftercare programs were also examined, such as the inclusion of mentoring or family support, how many services were offered, and if the program followed the Risk-Need-Responsivity (RNR) model. Through completing a systematic review of studies published since 2008, five studies met the inclusion and exclusion criteria. All five studies found that the youth who received services through aftercare programs were less likely to reoffend than youth …

Bright-Lines In Sentencing: A Legal And Moral Case Against Juvenile Life-Without-Parole, Mckenzie Reily Isaac

Scripps Senior Theses

This paper criticizes the Supreme Court of the United States for its holding in Jones v. Mississippi (2021): the Eighth Amendment does not require a sentencing authority to find that a juvenile is "permanently incorrigible" before it may impose a sentence of life-without-parole. This ruling circumvents stare decisis as it undermines the substantive protections established in Miller v. Alabama (2012) and Montgomery v. Louisiana (2016), while purporting to preserve them. Not only is circumvention of stare decisis a failure of the Court's judicial duty, it is also a profound moral failure. This paper deploys Ronald Dworkin's law as integrity to …

An Analysis Of The Constitutionality Of Florida's 2024 Hb 3: “Online Protections For Minors,” Comparative To Other State Regulations Of The Internet, Evan J. Siegel

Honors Undergraduate Theses

This thesis examines the constitutionality of the Florida House of Representatives’ 2024 priority bill, HB 3: “Online Protections for Minors,” through its ongoing litigation in North Florida. The broad nature of the bill, which is now Florida law, and its burden on accessing constitutionality protected speech and/or expression may not be consistent with the First and Fourteenth Amendments to the United States Constitution. How the law defines and shapes what material may be accessible to people on the Internet, or the means they would need to use to create a social media account, are questions many other courts have begun …

Lost Innocence, Mateo Valdivieso

Honors Undergraduate Theses

Human trafficking is defined as involving “force, fraud, or coercion to obtain some type of labor or commercial sex act” (U.S. Department of Homeland Security). It disproportionately affects vulnerable populations, particularly children within the U.S. welfare system. This research aims to analyze the characteristics of this system that produce vulnerabilities in welfare children that heighten their risk of being trafficked. The study focuses on socio-economic, psychological, and environmental vulnerabilities, examining how these factors, combined with increased internet accessibility, exacerbate the risks of trafficking. Using a qualitative approach, the research uses secondary data from peer-reviewed journal articles, government reports, and reputable …

How Does The Modern Supreme Court Treat The Idea Of Retribution In The Context Of Capital Punishment?, Paige Forsberg

Honors Undergraduate Theses

This thesis explores the modern U.S. Supreme Court's treatment of retribution in the context of capital punishment, analyzing how justices have framed and justified the death penalty as a form of justice. Through the examination of key Supreme Court rulings and legal arguments, this study evaluates the evolving role of retribution in the Court’s decisions on death penalty cases, highlighting how judicial reasoning has shifted over time in response to legal, philosophical, and societal developments.

Retribution, long considered one of the primary justifications for capital punishment, is examined through a nuanced lens in this study. While historically viewed as a …

Childhood Adversity's Impact On Criminal Behavior, Isobel Marie Avento

Theses and Dissertations

Adverse childhood experiences (ACEs), such as abuse, neglect, and family criminal history, have been identified as potential risk factors for negative physical, psychological, and behavioral health outcomes. Emerging literature suggests that ACEs are also among the primary factors leading to delinquency and adult criminal behavior. However, there is limited applied research that provides practitioners with appropriate insight to intervene when ACEs are identified among juvenile delinquents to reduce recidivism risk. This study adds to the existing literature by examining how cumulative ACEs shape criminal behavior of individuals from the onset until its desistance over the span of twenty years. Using …

The Impact Of Adverse Childhood Experiences And Child Protective Services Involvement On Juvenile Delinquency, Liana Pachot

Master of Arts in Human Services

In this paper, the aim is to study the relationship between adverse childhood experiences and the cause and effect that these experiences have on adolescent behavior that leads to delinquency involvement. Along with this, we will look at the impact of human services professionals, like child protective services, and their impact on these challenging behaviors and goal of decreasing recidivism. We will look at the structure of the juvenile justice system, and how human service professionals play a role in the systems that impact the adolescent delinquency population. There will also be a breakdown of what Adverse Childhood Experiences are …

Do High School Students Understand Their Miranda Rights? A Preliminary Investigation, Emma K. Hinds

Undergraduate Theses, Professional Papers, and Capstone Artifacts

Background: Numerous studies have established that the linguistic complexity of the Miranda warning often results in poor comprehension, particularly for adolescents. Several studies have shown that persons with language disorders are overrepresented in U.S. prisons. Additionally, a few studies have shown a strong positive correlation between language scores and scores on Miranda assessments. These findings suggest that individuals with language disorders are at risk for poor comprehension of their Miranda rights, placing them at greater risk of waiving those rights, which can lead to incarceration.

Aims: The goal of this preliminary investigation is to examine how well adolescents with typical …

The Hyper-Incarceration Of Female Minority Juvenile Offenders Within The Juvenile And Criminal Justice Systems, Ruth C.A. Philippe

Selected Honors Theses

Young women are the fastest-growing portion of the juvenile justice system population. Girls experience risk factors at higher rates than boys, exhibit mental health issues at higher rates than boys, suffer more negative consequences from justice system involvement than system-involved boys, and are less likely to access treatment than boys. Girls are also more likely to become involved with the justice system for minor offenses such as running away or skipping school. In particular, young women of color receive unfair treatment than their counterparts. Girls of color are disadvantaged and treated differently within both the juvenile and criminal justice systems …

An Analysis Of Juvenile Gun Violence Mitigation In Columbia, South Carolina, Amelia Shook

Senior Theses

Over the past ten years, the United States has been impacted by the increasing frequency of homicides due to gun violence. Juvenile homicides via firearms are examined on a national, state, and county level by the Centers for Disease Control and Prevention (CDC) and analyzed to showcase adjusted age and years of potential life lost due to gun violence. Data obtained through a CDC database depicts the geographic areas being examined: United States, South Carolina, and Richland County. South Carolina will be singled out and examined individually as it ranks eighth highest in the United States for gun violence. Richland …

Diving Into Correctional Education Program Research: A Systematic Review, Evelyn Roehn

Undergraduate Honors Theses

In the last three decades, there has been a growing interest in correctional education programming and its effects on the recidivism rates of offenders. Research has concluded that programs such as general education equivalency (GED), college credit, and trade/vocational skill-building work to reduce recidivism rates among offenders. Although current research is widely accepted among scholars, several questions remain. 1) How is recidivism defined, and how does the definition change the rates? 2) How are researchers addressing selection bias in their study, and what impact does this have on their findings? 3) How are inmates with learning disabilities and language barriers …

Understanding Racial Disparate Treatment Of Juvenile Interpersonal Violent Offenders In The Juvenile Justice System Using Focal Concerns Theory., Suzanne Overstreet

Electronic Theses and Dissertations

Disproportionate minority contact (DMC) is a salient issue that has been found at every stage of the decision-making process in the juvenile justice system (Hawkins & Kempf-Leonard, 2005; Kempf-Leonard, 2007; Bishop, 2005; Leiber, Bishop, & Chamlin, 2010; Leiber & Stairs, 1999). Existing research indicates that DMC influences adjudication for drug, property, and personal crimes (Fergusson, Horwood, & Swain-Campbell, 2003; Frazier, Bishop, & Henretta, 1992; Leiber & Jamieson, 1995; Leiber & Mack, 2003; Hawkins & Kempf-Leonard, 2005; Leiber, 2015). Because intimate partner violence (IPV) is a major public health problem and global concern (Djamba & Kimuna, 2008; Goo & Harlow, 2012; …

An Exploratory Multiple Case Study Of Discipline Practices In A Major Metropolitan Public School District: A Look Into The School To Prison Pipeline, Neil French, Kristin Calvert-French, Phyllis Jackson, Erin King

Dissertations

The school to prison pipeline is a phenomenon fed by exclusionary discipline practices that increase the likelihood that a student will have an interaction with the juvenile or criminal justice system at some time in their life; this phenomenon disproportionately affects Black students. Understanding the problem is key to slowing down the school to prison pipeline. This study of a school district in Missouri explores questions about how interpersonal relationships, implicit bias awareness, and school policies influence the learning environment, and how those factors relate to school discipline, which ultimately can lead to the school to prison pipeline. Drawing data …

The Impact Of Juvenile Offender Race On Public Perception Of Crime Seriousness, Megan Whitaker

Dissertations

Public perception of crime is an important focus of research, especially when considering juvenile offenders. However, there is very limited research in this area. This study looked at how the public perceives crime seriousness and how race of the juvenile offender impacts the overall seriousness rating. An online survey that included 15 crime scenarios was completed by 176 participants. It was hypothesized that a crime would be rated as more severe when the juvenile offender is African American as compared to a Caucasian juvenile offender. Results found that participants overall rated the seriousness of offenses as significantly higher for Caucasian …