Juvenile Law Commons^™

Legislative Update: Tackling Cte: A Wave Of State Legislation Is Coming To Ban Youth Tackle Football, Bruce Winters

Children's Legal Rights Journal

No abstract provided.

Education Connection: Learn With Dignity Act, Jennifer Zmyslo

Children's Legal Rights Journal

No abstract provided.

Legislative Update: Helping Overcome Trauma For Children Alone In Rear Seats Act, Gabrielle Long

Children's Legal Rights Journal

No abstract provided.

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.

Review: My Sister's Keeper: Compelled Donations And A Minor's Right To Their Own Body, Ayah Elfarra

Children's Legal Rights Journal

No abstract provided.

State Action That Penalizes Children As Evidence Of A Desire To Harm Politically Unpopular Parents, Catherine E. Smith

Scholarly Articles

This Article is the first to advance the position that when the government takes the extreme step of denying children basic rights and benefits because of their parents, such state action should be recognized not just as evidence of animus against the children, but also as evidence of "a bare desire to harm" their "politically unpopular" parents. Identifying this type of government motivation and calling it what it is--animus toward parents--is just as important as condemning animus against the children themselves. Anti-parent animus that motivates harmful government behavior towards children should be prohibited as an impermissible means to accomplish an …

Originalism And The Common Law Infancy Defense, Craig S. Lerner

American University Law Review

No abstract provided.

Clearly Unconvincing: How Heightened Evidentiary Standards In Judicial Bypass Hearings Create An Undue Burden Under Whole Woman's Health, Haley Hawkins

American University Law Review

No abstract provided.

A Parent’S Final Sacrifice: Self-Incrimination In Failure To Protect Cases, 51 J. Marshall L. Rev. 377 (2018), Maggie Butzen

UIC Law Review

When criminal proceedings commence, the passive parent is forced to choose the lesser of two evils: testify and risk self-incrimination or guard their constitutional right and risk the person who abused them and their child going free.The passive parent exists at a crossroads: defendant, parent, and victim. The main purpose of this Comment is to analyze this crossroads under a Fifth Amendment lens and propose a workable solution to allow these passive parents a way to better navigate these “two evils.” To be clear: this Comment’s purpose is not to assert whether a passive parent should be held culpable for …

Expert Report Of Catherine Smith, J.D.: Juliana V. United States, Catherine Smith

Scholarly Articles

The Founders created the architecture for the rights of children to self-determination and protection from the sins of their forebears. A central tenet of our democracy is that government, including these federal defendants, should not deprive children (the next generation) of the foundational elements of their lives, liberties or property and should not impose hardships on them for matters of which they have no control. This historical tradition and intent of the Founders of our nation has not always been realized, but has evolved over time as our society gains new insights and understandings of children and our notions of …

Deliberative Public Engagement With Science: An Empirical Investigation, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Frank J. Gonzalez, Alan Tomkins

Lisa PytlikZillig Publications

The purpose of this book is to share some results and the data from four studies in which we used experimental procedures to manipulate key features of deliberative public engagement to study the impacts in the context of deliberations about nanotechnology. In this chapter, we discuss the purpose of this book, which is to advance science of public engagement, and the overarching question motivating our research: What public engagement methods work for what purposes and why? We also briefly review existing prior work related to our overarching goal and question and introduce the contents of the rest of the book. …

Predicting Staff Assault In Juvenile Correctional Facilities, Howard Henderson

Center for Justice Research Reports

This study examines the predictive utility of the community-based Positive Achievement Change Tool–Prescreen (PACT-PS) for staff assault in a sample of 787 state-committed male youth. Bivariate and multivariate analyses indicated the PACT-PS failed to predict staff assault across racial/ethnic groups. Notably, this study also found youth with serious delinquent histories and prior commitments improved the PACT-PS’s ability to predict staff assault. Limitations of this study, suggestions for future research, and practical implications are discussed.

Backward Progress Toward Reinstating Parental Rights, Lashanda Adams

Journal Articles

States have passed reinstatement statutes to address the increased number of legal orphans in the foster care system. For the most part, however, these laws have been inadequate to address the problem because they are motivated by a view of terminated parents that does not fit current realities. Terminated parents have typically been viewed as obstacles to permanence rather than a realistic placement option. The laws often punish parents who opposed the termination of their parental rights and reward those who voluntarily signed relinquishments.

Reinstatement statutes alone are inadequate to address the growing concern over youth aging out of foster …

Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, 18 Nev. L.J. 1007 (2018), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

No abstract provided.

Righting Research Wrongs: An Empirical Study Of How U.S. Institutions Resolve Grievances Involving Human Subjects, Kristen Underhill

Faculty Scholarship

Tens of millions of people enroll in research studies in the United States every year, making human subjects research a multi-billion-dollar industry in the U.S. alone. Research carries risks: although many harms are inevitable, some also arise from errors or mistreatment by researchers, and the history of research ethics is in many ways a history of scandal. Despite regulatory efforts to remedy these abuses, injured subjects nonetheless have little recourse to U.S. courts. In the absence of tort remedies for research-related injuries, the only venue for resolving such disputes is through alternative dispute resolution (ADR) – or more commonly, internal …

Rethinking Family-Court Prosecutors: Elected And Agency Prosecutors And Prosecutorial Discretion In Juvenile Delinquency And Child Protection Cases, Joshua Gupta-Kagan

Faculty Scholarship

Like criminal prosecutors, family-court prosecutors have immense power. Determining which cases to prosecute and which to divert or dismiss goes to the heart of the delinquency system’s balance between punishment and rehabilitation of children and the child protection system’s spectrum of family interventions. For instance, the 1990s shift to prosecute (rather than dismiss or divert) about 10 percent more delinquency cases annually is as significant a development as any other. Yet scholars have not examined the legal structures for these charging decisions or family-court prosecutors’ authority in much depth.

This Article shows how family-court prosecutors’ roles have never been fully …

Brain Development, Social Context And Justice Policy, Elizabeth S. Scott, Natasha Duell, Laurence Steinberg

Faculty Scholarship

This article examines the role played by biological and psychological factors associated with adolescent criminal activity in the context of justice policy reform and its critics. Scott, Duell, and Steinberg assert that risk-taking behavior in adolescence is not solely associated with biological and psychological immaturity, but rather exists as a dynamic interaction between those factors and the individual social context. This interactive model of juvenile offending supports the trend of treating juveniles differently than adults in the criminal justice system and clarifies how correctional programs are crucial in either undermining or promoting healthy development in adolescents.

Aggressive Policing And The Educational Performance Of Minority Youth, Joscha Legewie, Jeffrey A. Fagan

Faculty Scholarship

An increasing number of minority youth are confronted with the criminal justice system. But how does the expansion of police presence in poor urban communities affect educational outcomes? Previous research points at multiple mechanisms with opposing effects. This article presents the first causal evidence of the impact of aggressive policing on the educational performance of minority youth. Under Operation Impact, the New York Police Department (NYPD) saturated high crime areas with additional police officers with the mission to engage in aggressive, order maintenance policing. To estimate the effect, we use administrative data from about 250,000 adolescents aged 9 to 15 …

Virtual Shackles: Electronic Surveillance And The Adultification Of Juvenile Courts, Chaz Arnett

Journal of Criminal Law and Criminology

In recent years, there has been a groundswell of attention directed at problems within the American criminal justice system, led in part by Michelle Alexander’s groundbreaking book, The New Jim Crow, and most recently through the efforts of the Black Lives Matter movement. This increased focus on the harms of over-incarceration and net-widening, has had the benefit of introducing to the public other practices utilized in the criminal justice system, such as the widespread use of ankle monitors to track the location of defendants and released offenders. Yet, despite this greater attention, legal scholarship has only recently begun to grapple …

A More Just System Of Juvenile Justice: Creating A New Standard Of Accountability For Juveniles In Illinois, Brooke Troutman

Journal of Criminal Law and Criminology

For over a century, America’s legal system has made substantial reforms to change its treatment of adolescents. Every day, we see that our legal system treats adolescents differently from their adult counterparts. With regards to driving privileges, voting rights, and the ability to drink, our laws recognize that adults and adolescents are different and therefore require a different set of standards. America extended this treatment to the realm of juvenile justice in 1899, when Cook County, Illinois, created the country’s first juvenile court. Originating in this court was the overarching purpose of America’s juvenile justice system—rehabilitation of juvenile offenders. Though …

The Intersection Between Young Adult Sentencing And Mass Incarceration, Josh Gupta-Kagan

Faculty Publications

This Article connects two growing categories of academic literature and policy reform: arguments for treating young adults in the criminal justice system more leniently than older adults because of evidence showing brain development and maturation continue until the mid-twenties; and arguments calling for reducing mass incarceration and identifying various mechanisms to do so. These categories overlap, but research has not previously built in depth connections between the two.

Connecting the two bodies of literature helps identify and strengthen arguments for reform. First, changing charging, detention, and sentencing practices for young adults is one important tool to reduce mass incarceration. Young …

Incarcerating The Accused: Reforming Bail For The Pretrial Detention Of Juveniles And Youths Aged Eighteen To Twenty-One, Leigha A. Weiss

Journal of Civil Rights and Economic Development

(Excerpt)

This note addresses the injustice of pretrial detention on juveniles, minors, and youths aged eighteen to twenty-one, in New York State. This note will address juveniles, aged eighteen to twenty-one, who are subject to criminal proceedings in adult criminal court and incarceration in adult criminal facilities as well as juveniles or minors below the age of criminal responsibility who are subject to juvenile delinquency proceedings and incarceration in juvenile detention facilities. So many youths are in unnecessary detentions under horrific conditions in adults and juvenile correctional facilities across the country. Serious bail reform is long overdue to provide humane …

30 Tips For Excellence In Juvenile Defense, Julie Ellen Mcconnell

Law Faculty Publications

This article for the Virginia Association of Criminal Defense Lawyers newsletter provides advice on representing juvenile clients.

Paying The Price: Eliminating Life Without Parole Sentences For Juveniles In Rhode Island, Mackenzie Mcburney

Roger Williams University Law Review

No abstract provided.

Collateral Consequences For Justice-Involved Youth: A Model Approach To Reducing The Number Of Collateral Consequences, Jennica Janssen

Marquette Benefits and Social Welfare Law Review

Collateral consequences—stigma and disadvantages individuals face after becoming entangled in the legal system—for justice­involved youth differ by jurisdiction and number in the thousands. Although the American Bar Association (ABA) and the Office of Juvenile Justice and Delinquency Prevention (OJJDP) advocated for the reduction of juvenile collateral consequences over five years ago, after an initial surge in activism, the movement lost momentum. The Federal Advisory Committee on Juvenile Justice and several non-profit, public interest law firms, continue to advocate for the clarification of juvenile collateral consequences and the elimination of specific sanctions. This Note recognizes the importance of gathering juvenile collateral …

The New Law Of The Child, Anne Dailey, Laura A. Rosenbury

Faculty Articles and Papers

This Article sets forth a new paradigm for describing, understanding, and shaping children's relationship to law. The existing legal regime, which we term the "authorities framework;' focuses too narrowly on state and parental control over children, reducing children's interests to those of dependency and the attainment of autonomy. In place of this limited focus, we envision a "new law of the child" that promotes a broader range of children's present and future interests, including children's interests in parental relationships and nonparental relationships with children and other adults; exposure to new ideas; expressions of identity; personal integrity and privacy; and participation …

Judges Behaving Badly - Clinics Fighting Back: The Struggle For Special Immigrant Juveniles In State Dependency Courts In The Age Of Trump, Bernard P. Perlmutter

Articles

No abstract provided.

Tips For Safety Planning For Children Of Undocumented Parents, Jennifer Baum

Faculty Publications

(Excerpt)

In 2013, more than 5 million children in the United States (over 7 percent of the total U.S. child population) were living with at least one undocumented parent, according to the Migration Policy Institute. The overwhelming majority of these children (80 percent) were U.S. citizens. The Washington Post reported that more than half a million of these children's parents have in fact been deported since 2009. That's a lot of U.S. children living day to day with the sudden loss, or risk of sudden loss, of a parent through deportation.

Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson

Articles & Chapters

No abstract provided.

Sexual Abuse Of Juveniles In Correctional Facilities: A Violation Of The Prison Rape Elimination Act, Sara Medina

American University Journal of Gender, Social Policy & the Law

No abstract provided.