Juvenile Law Commons^™

Association Between Mental Health Disorders And Juveniles' Detention For A Personal Crime, Patricia A. Stoddard Dare, Christopher A. Mallett, Craig Boitel

Social Work Faculty Publications

Background: Youth involved with juvenile courts often suffer from mental health difficulties and disorders, and these mental health disorders have often been a factor leading to the youth’s delinquent behaviours and activities.

Method: The present study of a sample population (N= 341), randomly drawn from one urban US county’s juvenile court delinquent population, investigated which specific mental health disorders predicted detention for committing a personal crime.

Results: Youth with attention-deficit hyperactivity disorder and conduct disorder diagnoses were significantly less likely to commit personal crimes and experience subsequent detention, while youth with bipolar diagnoses were significantly more likely.

Conclusion: Co-ordinated youth …

Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden

University of Richmond Law Review

No abstract provided.

Explicating Correlates Of Juvenile Offender Detention Length: The Impact Of Race, Mental Health Difficulties, Maltreatment, Offense Type, And Court Dispositions, Christopher A. Mallett, Patricia A. Stoddard Dare, Mamadou M. Seck

Social Work Faculty Publications

Detention and confinement are widely acknowledged juvenile justice system problems which require further research to understand the explanations for these outcomes. Existing juvenile court, mental health, and child welfare histories were used to explicate factors which predict detention length in this random sample of 342 youth from one large, urban Midwestern county in the United States. Data from this sample revealed eight variables which predict detention length. Legitimate predictors of longer detention length such as committing a personal crime or violating a court order were nearly as likely in this sample to predict detention length as other extra-legal predictors such …

Addressing Truancy Is A Complex Challenge, Barbara A. Babb, Gloria Danziger

All Faculty Scholarship

No abstract provided.

Arresting Development: Convictions Of Innocent Youth, Joshua A. Tepfer, Laura H. Nirider, Lynda M. Tricarico

Faculty Working Papers

This is the first quantitative study documenting and analyzing a dataset of wrongfully convicted individuals who were teenagers or younger when first accused. The article explores the causes and factors leading to these wrongful convictions and offers reasons why youth may be particularly vulnerable to being convicted for crimes they did not commit. The data shows that these young exonerees falsely confessed at a rate almost double that of an adult dataset of exonerees, and that police-induced false statements from youth play a role in more than half of the cases. The article also proposes reforms to prevent future wrongful …

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer

NYLS Law Review

No abstract provided.

A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block

University of Richmond Law Review

No abstract provided.

Rethinking The Constitutional Criminal Procedure Of Juvenile Transfer Hearings: Apprendi, Adult Punishment And Adult Process, Jenny E. Carroll

Faculty Scholarship

This article makes valuable new contributions to the burgeoning scholarly discourse on Apprendi v. New Jersey-a landmark decision that celebrates its tenth anniversary this year. It builds on the author's experience as a public defender, during which she pioneered the surprising but straightforward argument that under Apprendi, findings that justify transferring a juvenile to adult court must be proven to a jury beyond a reasonable doubt. Apprendi requires that any fact authorizing a sentence higher than the otherwise applicable statutory maximum must be found by a jury using a beyond a reasonable doubt standard. This tenet applies directly to juvenile …

A Miscarriage Of Juvenile Justice: A Modern Day Parable Of The Unintended Results Of Bad Lawmaking, Amy Vorenberg

Law Faculty Scholarship

Sensationalized cases increasingly create the context for public policy discussion. Stories about violent crime are a common feature of the local evening news and their emotional nature can often create the hook politicians need to showcase their “tough on crime” agendas. Often anecdotal and lurid, stories of criminal misdeeds are widely used to convince the public of a need to create or change laws. This article demonstrates the perils of making law by extrapolating from a few random, albeit attention-grabbing, events. Specifically, the article examines the impact of a 1995 change in New Hampshire state law that lowered the age …

The Abortion Rights Of Adolescents Should Be Coextensive With Those Of Adults--A Theoretical Framework, Chad M. Gerson

ExpressO

The aim of this article is to argue that the abortion rights of adolescents should be coextensive with those of adults. The first section of the article reviews research in child development which has demonstrated that adolescents are able to make informed, mature decisions on procreative issues. The second section reviews cases which have defined the contours of adult women’s abortion rights, and argues that the reasoning behind those holdings also applies to adolescents.

Report Of The Working Group On Representing The Whole Child, Working Group On The Representing The Whole Child

Nevada Law Journal

No abstract provided.

Report Of The Working Group On The Role Of Age And Stage Of Development, Working Group On The Role Of Age And Stage Of Development

Nevada Law Journal

No abstract provided.

It Takes A Lawyer To Raise A Child?: Allocating Responsibilities Among Parents, Children, And Lawyers In Delinquency Cases, Kristin Henning

Nevada Law Journal

No abstract provided.

Obtaining And Utilizing Comprehensive Forensic Evaluations: The Applicability Of One Clinic's Model, Antoinette Kavanaugh, Jennifer Clark, Tiffany Masson, Barbara Kahn

Nevada Law Journal

No abstract provided.

Minor Discrepancies: Forging A Common Understanding Of Adolescent Competence In Healthcare Decision-Making And Criminal Responsibility, Kimberly M. Mutcherson

Nevada Law Journal

No abstract provided.

A Poster Child For Us (Symposium: The Effects Of Capital Punishment On The Administration Of Justice), Robert Blecker

Articles & Chapters

No abstract provided.

Reforming Juvenile Delinquency Treatment To Enhance Rehabilitation, Personal Accountability And Public Safety, Douglas E. Abrams

Faculty Publications

This article describes the widespread violence, beatings and other abuse the U.S. Justice Department has found in its inspections of several state juvenile detention facilities. The article then discusses Missouri's Division of Youth Services (DYS), which is widely considered the national model of sound practices. The article concludes with recommendations for national reform.

Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary E. Berkheiser

Scholarly Works

Nevada Supreme Court Justice Miriam Shearing retired at the end of her second term on January 4, 2005. Over the nearly thirty years of her very public life on the bench, many have written of her accomplishments as the firs woman to enter the brotherhood of the Nevada judiciary. With Justice Sharing’s retirement, the time is ripe for an examination of her judicial decisions during the twelve years she served on the Nevada Supreme Court. The analysis here provides one perspective on her body of work. It begins, as it must, with a glimpse into the person behind the work.

Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza

Articles & Chapters

Criminal accusation stigmatizes. Merely having been accused of a crime lasts in the public eye, damaging one's reputation and threatening current and future employment, relationships, social status, and more. But vast numbers of criminal cases are dismissed soon after arrest, and countless accusations are unfounded orunprovable. Nevertheless, police officers and prosecutors routinely name criminal accusees to the public upon arrest or suspicion, with no obligation to publicize a defendant's exoneration, or the dismissal of his case, or a decision not to file charges against him at all. Other individuals caught up in the criminal process enjoy protections against the public …

Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza

Faculty Scholarship

Criminal accusation stigmatizes. Merely having been accused of a crime lasts in the public eye, damaging one's reputation and threatening current and future employment, relationships, social status, and more. But vast numbers of criminal cases are dismissed soon after arrest, and countless accusations are unfounded or unprovable. Nevertheless, police officers and prosecutors routinely name criminal accusees to the public upon arrest or suspicion, with no obligation to publicize a defendant's exoneration, or the dismissal of his case, or a decision not to file charges against him at all. Other individuals caught up in the criminal process enjoy protections against the …

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.

One Strike And You're Out? Constitutional Constraints On Zero Tolerance In Public Education, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

Various studies reported that juvenile crimes of violence fell in the 1990s by as much as 30%. ¹⁰ In high schools specifically, the incidence of threatening behavior in 1996 changed little from two decades earlier, ¹¹ with the chances of being killed in school far less than being struck by lighting. ¹² The "juvenile crime bomb" proved illusory (as Delulio himself eventually acknowledged ¹³), but the severe measures designed to deal with it remain entrenched. Zero tolerance has taken on a life of its own, partly because public misperception remains high, ¹⁴ and partly because in our hardheaded times …

Book Review, David S. Tanenhaus

Scholarly Works

This concise book explores the origins and early history of the Cook County Juvenile Court, the world’s first such court. The court, which opened on July 3, 1899, in Chicago, reflected its founders’ profound faith both in science to solve social problems and the power of the state to provide for the best interests of its children. Yet, as Getis argues, the juvenile court did not live up to its initial promise, and “instead of a place of experimentation and reform—which it could have been—or a place of individualized justice guided by science—perhaps an unattainable goal—the court became an institution …

The Fiction Of Juvenile Right To Counsel: Waiver In Juvenile Courts, Mary E. Berkheiser

Scholarly Works

Although a number of juvenile justice advocates and scholars have decried the prevalence of juvenile waiver of right to counsel, no one has undertaken a comprehensive study of the problem. This Article attempts to fill that gap. The Article begins with a review of the historical context in which juvenile right to counsel arose and proceeds to a discussion of the landmark In re Gault decision and the due process underpinnings of juvenile right to counsel. The Article then chronicles the long-standing practice of permitting juveniles to waive their right to counsel and shows that the vast majority of nearly …

Is Lowering The Age At Which Juveniles Can Be Transferred To Adult Criminal Court The Answer To Juvenile Crime? A State-By-State Assessment

San Diego Law Review

The trend toward "get tough" policies concerning juveniles has swept through just about every state in the nation, affecting younger and younger minors. In Texas in 1997, not long after a tougher law was passed, a fourteen-year-old girl accused of murder became the youngest juvenile ever to stand trial as an adult in Tarrant County. Texas lowered the age from fifteen to fourteen in a 1995 revision of the state's juvenile justice code. In Michigan, an eleven-year-old boy, Nathaniel Abraham, became one of the youngest persons in the United States to be tried for murder as an adult; he allegedly …

Book Review, David S. Tanenhaus

Scholarly Works

In his engaging The Supreme Court and Juvenile Justice, political scientist Christopher P. Manfredi argues that Americans in the 1990s are still feeling the powerful and unintended consequences of a trilogy of Supreme Court decisions, Kent v. United States (1966), In re Gault (1967), and In re Winship (1970). In Gault, the most famous of these cases, Justice Abe Fortas announced that it was time for the “constitutional domestication” of the nation’s juvenile courts and began this process by extending limited due process protection to offenders during adjudicatory hearings. Fortas believed that these protections would shield juveniles from unlimited …

Sociological And Human Developmental Explanations Of Crime: Conflict Or Consensus , Deborah W. Denno

Faculty Scholarship

This paper examines multidisciplinary correlates of delinquency in an attempt to integrate sociological and environmental theories of crime with human developmental and biological explanations of crime. Structural equation models are applied to assess links among biological, psychological, and environmental variables collected prospectively from birth through age 17 on a sample of 800 black children at high risk for learning and behavioral disorders. Results show that for both males and females, aggression and disciplinary problems in school during adolescence are the strongest predictors of repeat offense behavior. Whereas school achievement and family income and stability are also significant predictors of delinquency …

Schall V. Martin, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Arkansas Juvenile Courts: Do Lay Judges Satisfy Due Process In Delinquency Cases, Paula J. Casey

University of Arkansas at Little Rock Law Review

No abstract provided.

Criminal Procedure–Juvenile Confessions In Arkansas, Ann Kristen Kilgore

University of Arkansas at Little Rock Law Review

No abstract provided.