Juvenile Law Commons^™

In Re P.S., 131 Nev. Adv. Op. 95 (Dec. 24, 2015), Rob Schmidt

Nevada Supreme Court Summaries

The Supreme Court of Nevada held that under NRS § 62B.030 the district court has discretion over whether to conduct a hearing de novo after reviewing the recommendations of a master of the juvenile court when timely requested.

An Administrative Stopgap For Migrants From The Northern Triangle, Collin Schueler

University of Michigan Journal of Law Reform

From 2011–2014, the United States Department of Homeland Security recorded an extraordinary increase in the number of unaccompanied children arriving at the southern border from Central America’s “Northern Triangle”—the area made up of El Salvador, Guatemala, and Honduras. In fact, in fiscal year 2014, United States Customs and Border Protection apprehended over 50,000 unaccompanied children from the Northern Triangle. That is thirteen times more than just three years earlier. This Article examines the intersecting humanitarian and legal crises facing these children and offers an administrative solution to the problem. The children are fleeing a genuine humanitarian crisis—a region overrun by …

The Dimming Light Of The Idea: The Need To Reevaluate The Definition Of A Free Appropriate Public Education, Sarah Lusk

Pace Law Review

This paper has five parts. Part I examines Individuals with Disabilities Education Act (“IDEA”), explains the definition of a free appropriate public education (“FAPE”), and explores IDEA’s protections for special-education students facing school discipline. Part II discusses the Supreme Court’s interpretation of IDEA and FAPE, as well as how lower courts have interpreted IDEA. Part III focuses on how schools implement IDEA and treat special-education students. Part IV explores the disproportionate effects of school suspension on disabled students and explains the negative impacts, such as the Pipeline. Part V argues that Congress and the Supreme Court must reevaluate what constitutes …

In Loco Juvenile Justice: Minors In Munis, Cash From Kids, And Adolescent Pro Se Advocacy—Ferguson And Beyond, Mae C. Quinn

BYU Law Review

No abstract provided.

Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch

Seattle University Law Review

Miller v. Alabama appeared to strengthen constitutional protections for juvenile sentencing that the United States Supreme Court recognized in Roper v. Simmons and Graham v. Florida. In Roper, the Court held that executing a person for a crime committed as a juvenile is unconstitutional under the Eighth Amendment. In Graham, the Court held that sentencing a person to life without parole for a nonhomicide offense committed as a juvenile is unconstitutional under the Eighth Amendment. In Miller, the Court held that a mandatory sentence of life without parole for a homicide offense committed by a juvenile is also unconstitutional under …

In Re Guardianship Of N.M., 131 Nev. Adv. Op. 75 (September 24, 2015), Daniel Ormsby

Nevada Supreme Court Summaries

The Court heard an appeal from a parent-appellant challenging a district court’s exercise of temporary emergency jurisdiction to appoint a temporary, non-parent, guardian and general, non-parent, guardian. Affirmed.

Video: Nova Law Review Symposium: Shutting Down The School To Prison Pipeline, Nova Law Review

NSU Law Seminar Series

NSU Law, the Nova Law Review, and a broad coalition of nonprofit organizations have come together to build a national platform to address the crisis of unnecessary incarceration for teens. Academics, practitioners, policy-makers, educators, community activists, and thought leaders are invited to exchange ideas, form effective strategies, and engage in meaningful dialogue about systemic change for educational reform and new approaches to school discipline.

To see photographs from the Symposium, please look at the Symposium Flickr group.

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Meredith Dank, Lilly Yu, Jennifer Yahner, Elizabeth Pelletier, Mitchyll Mora, Brendan M. Conner

Faculty Publications

No abstract provided.

Ohio's Post-Gault Juvenile Court Law, Robert J. Willey

Akron Law Review

It is the writer's intention to compare Ohio's new juvenile code with that offered by the Crime Commission, with the Standards for Juvenile and Family Courts, and with the Uniform Juvenile Court Act, which was drafted to meet the constitutional requirements of Kent and Gault. These two cases now force one to reconsider in the juvenile court context the applicability of more formal procedural rules, as well as the applicability of all the Constitutional Rights contained in the Bill of Rights which have been incorporated (as far as criminal proceedings are concerned) into the Due Process clause of the Fourteenth …

Child Custody Contests - Rights Of The Father; Mcdanial V. Mcdanial, Howard Walton

Akron Law Review

In an Ohio divorce action when there is a contest for the custody of a minor child, the proper standard to be employed by the court is: what arrangement will be in the best interest of the child?' In an action for modification of a custody award the same standard is applicable. A statute provides that one parent is not preferred over the other; however, all other considerations being equal, custody will normally be given to the mother, provided that she is fit.

Constitutional Rights Of Youthful Offenders; In The Matter Of Gault, Robert M. Kunczt

Akron Law Review

After the decisions in Gideon v. Wainwright, 372 U. S. 335 (1963), Miranda v. Arizona, 384 U. S. 436 (1966), and Escobedo v. Illinois, 378 U. S. 478 (1964), which revealed the Supreme Court's solicitude of the constitutional rights of adults, it seemed improbable that the lower courts would long be permitted to continue ignoring the constitutional rights of juveniles. Thus the decision in the principal case, which represents a breakthrough in the assurance of a fair hearing to minors, comes as no surprise. The case holds that under the Fourteenth Amendment a juvenile has a right to notice of …

The Right Of An Indigent Juvenile In Ohio To A Transcript At State Expense, Robert D. Reber Jr.

Akron Law Review

However, like the court in Gault, the new juvenile code in Ohio failed to cope with a problem which appears to be moving toward litigation in the near future, that of the right of an indigent juvenile offender in Ohio to be provided with a transcript of the testimony and evidence presented at his juvenile hearing with the cost thereof to be charged to the state.

At this point, I would like to turn directly to an analysis of existing case law in Ohio and throughout the nation, as well as statutory language and its interpretation by Ohio courts of …

The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio

Akron Law Review

It is an important constitutional doctrine that a law generally constitutional "on its face," may be unconstitutional "as applied" in specific instances. The Amish case marks the first occasion that the Court has clearly articulated that exception in favor of a minority religious group. It would appear that compulsory education laws are-"on their face"--within a state's constitutional powers, but under the facts of this case, the First Amendment requires that the Amish be exempt.

Juvenile Court And Direct Appeal From Waiver Of Jurisdiction In Ohio, Thomas F. Haskins Jr.

Akron Law Review

ANY DISCUSSION OF SPECIFIC ASPECTS of juvenile law necessarily requires that at least a brief inquiry be made into the history of its development. This becomes apparent when it is realized that juvenile law is not the product of a neat and orderly background, but rather the result of numerous sociological and economic conditions surrounding not only individual communities but the whole society. It is with this motivation that the statutory creation of juvenile law builds and continues to thrive. And, it is for this reason that this comment concerning the loss of the benefits of the juvenile laws through …

Adversary Juvenile Delinquency Proceedings: Impeachment Of Juvenile Defendants By The Use Of Previous Adjudications Of Delinquency, David L. Herbert, V. Lee Sinclair Jr.

Akron Law Review

IN ADULT CRIMINAL PROCEEDINGS, any defendant who wishes to testify' faces certain risks when he steps into the witness box. The risks such a defendant engenders certainly include the possibility of having his prior criminal convictions brought up by the prosecution, for purposes of impeaching his testimony. In essence, the defendant who takes the stand, like any other witness, places his reputation for truth and veracity into issue. The theory behind this general rule emanates from the belief that the defendant's testimony can be no more credible than the defendant himself. Therefore, the prosecution is given the right, under certain …

Contributing To Delinquency: An Exercise In Judicial Speculation, Glenn W. Soden

Akron Law Review

JUVENILE DELINQUENCY, like many diseases, emanates from a complex meshwork of causes, many of which are unidentified. The obvious, although perhaps oversimplified, solution to prevent juvenile delinquency has been to isolate and control through legislation some of its suspected causes. Many of these enacted solutions, however, have failed to accomplish their intended purpose.

Minors Under The Age Of Seven; Incapable Of Primary Negligence Or Intentional Torts; Conclusive Presumption; Deluca V. Bowden, Robert Austin Cross

Akron Law Review

The only question considered by the supreme court was "whether a child under the age of seven is liable for primary negligence or for an intentional tort." The court noted the general incapacity of a child of this age to act with reason and foresight, and further expressed its own reluctance to attach blame to a child "in any sense comparable to the blame attachable to an adult." For these reasons it held that such a child shall be conclusively presumed incapable of both primary negligence and intentional tort.

In so holding, Ohio joins a distinct minority of states which …

Abortion; Parental Consent; Minors' Rights To Due Process, Equal Protection And Privacy; State V. Koome, Barbara Child

Akron Law Review

The Washington court had before it a physician appealing his conviction for performing an abortion on an unmarried 16-year-old woman, a ward of the King County Juvenile Court, which had given its consent to the abortion. However, the young woman's parents and the Catholic Children's Services, her temporary guardian, both opposed the abortion and were granted a stay of the abortion order pending review by the state supreme court. During the stay, Dr. Koome performed the abortion. The supreme court held that the Washington consent statute "too broadly encumbers the right of unmarried minor women to choose to terminate pregnancy, …

Higher Education Governance: Proposals For Model Child Protection Governance Policy, Seletha R. Butler, Valerie Njiiri

Brigham Young University Education and Law Journal

No abstract provided.

The Waiver Of Juvenile Court Jurisdiction; State V. Adams, Antonia Johnson

Akron Law Review

Since Illinois created the first juvenile court system by statute in 1899, every state has enacted a juvenile justice system philosophically designed to help rather than to punish children who violate the law. The juvenile court from its inception has advocated the protection of misbehaving children from the harsh retributive philosophy of the adult criminal law. Instead of punishment it has attempted to provide methods by which to assist them to develop into mature, responsible adults.

Yet, from its inception, the proponents of the separate, specialized juvenile justice system have presumed that some children would not respond positively to its …

Capital Punishment Of Children In Ohio: "They'd Never Send A Boy Of Seventeen To The Chair In Ohio, Would They?", Victor L. Streib

Akron Law Review

This article presents first an overview of the national legal environment and actual executions in American history and then a focused, in-depth analysis of Ohio as a reasonably representative American jurisdiction. Each of the nineteen verified and documented Ohio cases are examined in some detail to determine, so far as is possible, the reasons they were selected for capital punishment. The cases are discussed within the context of the legal environment existing at the time they were decided.

Parent-Child Tort Immunity Law In Ohio, Jeffrey L. Hall

Akron Law Review

In light of the abrupt change in Ohio concerning the parental immunity doctrine, this comment will examine the historical justifications for the doctrine, with an extended discussion of the Ohio experience with the immunity prior to its change in Kirchner. This comment also analyzes the present Ohio position, contrasting it with the approaches of other states, and cautions against the increasing use of family exclusion clauses in liability insurance policies which have the practical effect of retaining the immunity where the court has abrogated it.

Children's Testimony In Sexual Abuse Cases: Ohio's Proposed Legislation, Deborah Mahusky

Akron Law Review

Legislatures are attempting to reduce the trauma to the child, and, at the same time, to increase convictions.

This legislation is often in the form of permitting videotaped pretrial statements and depositions to be admitted into evidence. Additionally, some legislatures are permitting testimony of the child at depositions or at trial to take place in a separate room from the defendant, the judge, the jury and the general public through the use of closed circuit television or monitors. However, this legislation may present an encroachment of sixth amendment guarantees.

Section I of this comment will discuss whether or not the …

In Re Barzak: Access To Children Services Board Files, David Hazelkorn

Akron Law Review

In the recent court decision, In re Barzak, the Trumbull County Court of Appeals ruled that parents in child abuse, neglect, or dependency proceedings have a right of reasonable access to Children Services Board investigation files. While this was a case of first impression in Ohio, it puts state law in line with that of other jurisdictions.

Stanford V. Kentucky: Did The Court Bite The Constitutional Bullet?, John R. Frank

Akron Law Review

The Court's opinion in Stanford v. Kentucky and the companion case, Wilkins v. Missouri, reflects a fragile consensus among the five justices who affirmed Stanford's and Wilkins' death sentences."' This note explores the Court's holding and its internal conflict over the proper scope of eighth amendment analysis.

State V. Sorenson: The Adequacy Of The Residual Exceptions In Child Sexual Abuse Cases: Five-Part Test Puts An End To The Criticism, Robert G. Renis

Akron Law Review

In State v. Sorenson, a seven-year-old girl's father and uncle had sexual intercourse with her. The court allowed a social worker to testify as to what the girl had told her. Finally, a court has set forth a detailed test for use in determining the admissibility of hearsay evidence in child sexual abuse cases. This casenote will analyze the court's five-part test, and discuss how it was applied in Sorenson. The casenote will then compare the Sorenson test (used in conjunction with the residual exceptions) to statutes providing for specific hearsay exceptions in child sexual abuse cases.

Protecting Society From Teenage Greed: A Proposal For Revising The Ages, Hours And Nature Of Child Labor In America, Andrea Giampetro-Meyer, Timothy S. Brown S.J.

Akron Law Review

The first section of this Article presents a picture of child labor throughout American history. It looks at child labor from the turn of the century to date. This section helps the reader understand the extent of changes in child labor over time. The second section presents a summary of federal and state child labor laws. This section shows that attempt to control employers who exploit children have changed only marginally. The third section of this Article explores social science data on the pros and cons of teenage employment.

This section focuses on the issue of teenage greed. First, the …

Is Ohio Juvenile Justice Still Serving Its Purpose?, Susan A. Burns

Akron Law Review

This Comment begins with an introduction to the history and purpose of the juvenile justice system, and the procedure for transferring juveniles to adult courts. Part II discusses the United States Supreme Court cases that began eroding the original purpose of the juvenile court by affording juveniles some of the same constitutional rights enjoyed by adult offenders. Part III focuses on Ohio's present juvenile transfer procedure to adult court, discussing the broad discretionary power given to juvenile court judges in electing to do so. Part IV describes the criteria Ohio juvenile court judges use to determine whether to transfer juveniles, …

State V. Nemeth: Equal Protection For The Battered Child, Joseph A. Shoaff

Akron Law Review

This Note analyzes the Court's decision in Nemeth. Part II presents a background of the battered child syndrome followed by a discussion of the admissibility of battered woman and battered child syndrome testimony in Ohio. In addition, it contains a brief overview of Ohio's ambiguous self-defense standard. Part III presents the facts, procedural history, and holding of Nemeth. Part IV analyzes the Court's holding.

This Note establishes why the Ohio Supreme Court should recognize the psychological equivalency of the battered woman and battered child syndromes and affirm the Nemeth holding on equal protection grounds. In doing so, the Court will …