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Articles 31 - 55 of 55
Full-Text Articles in Juvenile Law
Do Moms And Dads Matter? Evidence From The Social Sciences On Family Structure And The Best Interests Of The Child, Maggie Gallagher, Joshua K. Baker
Do Moms And Dads Matter? Evidence From The Social Sciences On Family Structure And The Best Interests Of The Child, Maggie Gallagher, Joshua K. Baker
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Remembering The Victims Of Sexual Abuse: The Treatment Of Juvenile Sex Offenders In In Re J.W., Joanna C. Enstice
Remembering The Victims Of Sexual Abuse: The Treatment Of Juvenile Sex Offenders In In Re J.W., Joanna C. Enstice
Loyola University Chicago Law Journal
No abstract provided.
The Concept Of "Harm" In Computer-Generated Images Of Child Pornography, 22 J. Marshall J. Computer & Info. L. 717 (2004), Jisuk Woo
UIC John Marshall Journal of Information Technology & Privacy Law
There has been a lot of controversy about the harm caused by computer-generated child pornography. This article examines the new ways in which technological development has created new concerns about child pornography especially in the context of challenging the concept of “harm” in the existing child pornography law. The author presents and discusses the existing child pornography laws and jurisprudence as well as the relevant arguments raised against it most of which are based on the “harm” caused by child pornography. This concept of “harm” and the different ways it is conceived and understood is analyzed and empirical evidence supporting …
The Truth About The Truth In Domain Names Act: Why This Recently Enacted Law Is Unconstitutional, 23 J. Marshall J. Computer & Info. L. 141 (2004), Michael Honig
UIC John Marshall Journal of Information Technology & Privacy Law
In April 2003 the Prosecutorial Remedies and other Tools to End the Exploitation of Children Today Act of 2003 (PROTECT Act) was enacted with the goal to protect children from abduction and abuse and achieve a more aggressive pursuit of the individuals committing crimes against the children. Although the AMBER Alert system is the most known portion of the legislation other provisions including the Truth in Domain Names Act (TDNA) making the use of a misleading Internet domain name to deceive a person to view pornography a criminal offense were also included. This comment first discusses the case of John …
The Relationship Between Juvenile Delinquency And Family Unit Structure, Angela D. Mullens
The Relationship Between Juvenile Delinquency And Family Unit Structure, Angela D. Mullens
Theses, Dissertations and Capstones
The purpose of this study was to investigate the relationship between parental absence and juvenile delinquency and to determine if a link exists between the two variables. Data was collected from male juveniles who were alleged to have committed status or delinquent offenses between 1996 and 2004. Each offense was categorized according to the family unit (e.g., intact, father only, mother only, etc.), offense type (e.g., underage consumption, petit larceny, breaking and entering, etc.), offense level (e.g., status misdemeanor, and felony), the victim (e.g., crimes against the person, crimes against property, etc.) and the juvenile’s age at the time the …
Public Access To Juvenile Dependency Proceedings In Washington State: An Important Piece Of The Permanency Puzzle, Sara Vanmeter
Public Access To Juvenile Dependency Proceedings In Washington State: An Important Piece Of The Permanency Puzzle, Sara Vanmeter
Seattle University Law Review
This Comment argues that the Washington State legislature took an important step along the road to permanency for abused and neglected children in the state's care when it revised its Juvenile Court Act in 2003. This Act created the presumption that dependency proceedings are open to the public unless a judge determines that excluding the public is in the best interest of the child. This change in Washington state law represents one piece of the puzzle of reforms necessary to reach permanency goals for children in our child welfare system. Those states whose juvenile dependency hearings remainclosed should now consider …
Lessons From Juvenile Justice History In The United States, Douglas E. Abrams
Lessons From Juvenile Justice History In The United States, Douglas E. Abrams
Faculty Publications
Properly understood, “juvenile justice” encompasses all four primary categories of juvenile court jurisdiction - - abuse and neglect, adoption, status offenses and delinquency. I will concentrate today on delinquency - - what states have done with * children found to have committed acts that would be crimes if committed by adults.
Feminist Voices In The Debate Over Single-Sex Schooling: Finding Common Ground, Rosemary C. Salomone
Feminist Voices In The Debate Over Single-Sex Schooling: Finding Common Ground, Rosemary C. Salomone
Michigan Journal of Gender & Law
This article examines the deep divide within feminist ranks with an eye toward proposing a constructive and essential role for feminist understandings as single-sex schooling inches its way toward legal acceptability and into the mainstream of educational reform. In doing so, the forces that have shaped competing perspectives on women's equality are examined, especially disagreements over sameness and difference. In the end the article looks to the Court's decision in United States v. Virginia as a road map for feminists to follow in reaching common ground on the approach, despite seemingly profound ideological differences among them.
The Ethical Perils Of Representing The Juvenile Defendant Who May Be Incompetent, Adrienne E. Volenik
The Ethical Perils Of Representing The Juvenile Defendant Who May Be Incompetent, Adrienne E. Volenik
Law Faculty Publications
This Article examines questions likely to arise with respect to these interests when an attorney suspects his or her juvenile client may be incompetent. Part I reviews the doctrine of adjudicative competence in the context of adult criminal proceedings. Part II summarizes the newly evolved application of the doctrine in juvenile court. Part III examines the ethical, legal, and practical considerations that arise when a lawyer has concerns about whether a juvenile client possesses the competence needed to participate appropriately in juvenile court proceedings.
"You Can't Make Me!": How Expectations Of Parental Control Over Adolescents Influence The Law, Judith G. Mcmullen
"You Can't Make Me!": How Expectations Of Parental Control Over Adolescents Influence The Law, Judith G. Mcmullen
Loyola University Chicago Law Journal
No abstract provided.
"Which One Of You Did It? Criminal Liability For "Causing Or Allowing" The Death Of A Child, Lissa Griffin
"Which One Of You Did It? Criminal Liability For "Causing Or Allowing" The Death Of A Child, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This article analyzes how current U.S. criminal law addresses the problem of securing a homicide conviction where multiple defendants are accused in a child's non-accidental death. Part III sets forth the English response: a statute that includes (1) a new substantive crime; (2) a permissible negative inference against a defendant who fails to account for the non-accidental death of a child for whom he or she is responsible; and (3) delay of a motion to dismiss for failure to establish a prima facie case until after the defense has been presented or the jury has been allowed to draw the …
Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Michael Jenuwine, Purva Rawal, Jill Romansky, John S. Lyons
Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Michael Jenuwine, Purva Rawal, Jill Romansky, John S. Lyons
Articles by Maurer Faculty
Mental health placement rates by the juvenile justice system differ by race. However, it is unknown whether mental health needs differ by race. This study attempted to investigate potential differences in mental health needs and service utilization among Caucasian, African American, and Hispanic juvenile justice involved youth. A stratified random sample of 473 youth petitioned, adjudicated, and incarcerated from 1995-1996 was examined using a standard chart review protocol and the Childhood Severity of Psychiatric Illness measure for mental health needs. Significant and unique mental health needs were demonstrated for all racial groups. African American youth demonstrated the greatest level of …
Before The Doors Closed: A Historical Perspective On Public Access, David S. Tanenhaus
Before The Doors Closed: A Historical Perspective On Public Access, David S. Tanenhaus
Scholarly Works
No abstract provided.
Theories Of Therapeutic Evolution For Juvenile Drug Courts In The Face Of The Onset Of The Co-Occurrence Of Mental Health Issues And Substance/Alcohol Abuse, David L. Harvey Iii
Theories Of Therapeutic Evolution For Juvenile Drug Courts In The Face Of The Onset Of The Co-Occurrence Of Mental Health Issues And Substance/Alcohol Abuse, David L. Harvey Iii
Journal of Law and Health
The purpose of this Note is to review two specific and newly emerging therapeutic courts: juvenile mental health courts and juvenile drug courts. It will explain how and why a mental health element should be implemented into the juvenile drug court system. Part II of this Note will give a historical and procedural overview of juvenile drug courts. These procedures will draw mainly from the newly formed Medina County Juvenile Drug Court, located in Medina, Ohio. Part III will explain the origination and procedures currently employed by juvenile mental health courts, as they relate specifically to Santa Clara's Court for …
Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo
Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo
University of Michigan Journal of Law Reform
Vaccinations against life-threatening diseases are one of the greatest public health achievements in history. Literally millions of premature deaths have been prevented, and countless more children have been saved from disfiguring illness. While vaccinations carry unavoidable risks, the medical, social and economic benefits they confer have led all fifty states to enact compulsory childhood vaccination laws to stop the spread of preventable diseases. Today, however, vaccines are becoming a victim of their success-many individuals have never witnessed the debilitating diseases that vaccines protect against, allowing complacency toward immunization requirements to build. Antivaccination sentiment is growing fast in the United States, …
Eroding Confidentiality In Delinquency Proceedings: Should Schools And Public Housing Authorities Be Notified?, Kristin N. Henning
Eroding Confidentiality In Delinquency Proceedings: Should Schools And Public Housing Authorities Be Notified?, Kristin N. Henning
Georgetown Law Faculty Publications and Other Works
In this Article, Professor Henning examines how schools and public housing authorities obtain juvenile records and explains how these institutions may use the records to exclude children and their families from the basic benefits of education and housing. Drawing on recent research in the field of developmental psychology, Professor Henning reevaluates early assumptions about adolescents' amenability to treatment and the impact of stigma on children and explores the practical implications of sharing records with schools and public housing authorities, questioning whether new confidentiality exceptions actually will yield the expected benefits of improved public safety. She concludes that legislators should deny …
Reluctant Participants In Restorative Justice? Youthful Offenders And Their Parents, David R. Karp Phd, Gordon Bazemore
Reluctant Participants In Restorative Justice? Youthful Offenders And Their Parents, David R. Karp Phd, Gordon Bazemore
School of Leadership and Education Sciences: Faculty Scholarship
This paper examines offender and parental involvement in the Vermont Juvenile Restorative Panels Program. In this program, juvenile offenders on probation appear before citizen-run boards to negotiate the terms of their probation, which may include apologies, community service, restitution, and competency development tasks. Victims and parents of the offender also participate. This study reports findings from a qualitative analysis of 22 cases, including observations of panel meetings and interviews with program coordinators, offenders, parents, and victims. We find that offenders vary in the level of participation as well as in their willingness to take responsibility. Parents do not understand the …
The Debate Over The Denial Of Marriage Rights And Benefits To Same-Sex Couples And Their Children, Liz Seaton
The Debate Over The Denial Of Marriage Rights And Benefits To Same-Sex Couples And Their Children, Liz Seaton
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Be Careful What You Wish For: Legal Sanctions And Public Safety Among Adolescent Offenders In Juvenile And Criminal Court, Jeffrey Fagan, Aaron Kupchik, Akiva Liberman
Be Careful What You Wish For: Legal Sanctions And Public Safety Among Adolescent Offenders In Juvenile And Criminal Court, Jeffrey Fagan, Aaron Kupchik, Akiva Liberman
Faculty Scholarship
Three decades of legislative activism have resulted in a broad expansion of states' authority to transfer adolescent offenders from juvenile to criminal (adult) courts. At the same time that legislatures have broadened the range of statutes and lowered the age thresholds for eligibility for transfer, states also have reallocated discretion away from judges and instituted simplified procedures that permit prosecutors to elect whether adolescents are prosecuted and sentenced in juvenile or criminal court. These developments reflect popular and political concerns that relatively lenient or attenuated punishment in juvenile court violates proportionality principles for serious crimes committed by adolescents, and is …
The Trial Court's Gatekeeper Role Under Frye, Daubert, And Kumho: A Special Look At Children's Cases, John Eric Smithburn
The Trial Court's Gatekeeper Role Under Frye, Daubert, And Kumho: A Special Look At Children's Cases, John Eric Smithburn
Journal Articles
The typical requisites for receiving testimony from an expert witness are that the expert be qualified in a particular subject or area of expertise, that the expert testify in opinion form or otherwise, which will help the fact finder, and that there be a proper basis for the expert's testimony. This article examines the changing meaning in the law of evidence of the expert's subject area in cases involving children. During most of the last century, where the expert witness proposed to testify concerning a new or novel scientific system, process or technique, the court applied the rule of Frye …
Foreword, Byron L. Warnken
Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Joshua Gupta-Kagan
Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Joshua Gupta-Kagan
Faculty Scholarship
This essay presents one doctrinal method for lawyers to defend children accused of criminal charges in juvenile or adult court: attacking the applicability of the nearly twenty-year old case, New Jersey v. T.L.O. to most school searches. T.L.O. established a lower standard for searches of students by school officials, but it explicitly did not decide what standard the government must meet to justify school searches performed by police officers, creating a doctrinal starting point for advocates to raise challenges to searches involving police. More fundamentally, the T.L.O. Court based its decision on the presumption that firm gates separate public school …
Hierarchies Of Harm In Canadian Criminal Law: The Marijuana Trilogy And The Forcible 'Correction' Of Children, Janine Benedet
Hierarchies Of Harm In Canadian Criminal Law: The Marijuana Trilogy And The Forcible 'Correction' Of Children, Janine Benedet
All Faculty Publications
The author examines the seemingly contradictory Supreme Court of Canada decisions which upheld the prohibition on possession of marijuana (R. v. Malmo-Levine), yet allowed the defence of “reasonable correction” for parents and teachers charged with assaulting a child (Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General)). She argues that these two decisions speak to the limits of the criminal law and the role that section 7 of the Canadian Charter of Rights and Freedoms plays in setting those limits. These decisions are also linked by the attempt by some members of the Court to establish a …
The Legally Queer Child, Bruce Macdougall
The Legally Queer Child, Bruce Macdougall
All Faculty Publications
This article explores the various presumptions and arguments of Canadian courts in largely denying queer children a legal presence. An analysis of the intersection of homosexuality and children is explored with a view to arguing that legally, queer children deserve a voice. The author begins by outlining the development of the legal conceptualization of the "child". This conceptualization led to the notion of the child as innocent, and thus in need of protection. In comparison, homosexuals came to be characterized as "aberrant" and "predatory". Protecting children from homosexuals then became a simple step of logic, which ultimately led to the …
Shedding A Tear, William I. Miller
Shedding A Tear, William I. Miller
Articles
The tale that follows is also one of great gender anxiety, and it is true.