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Juvenile Law Commons

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Juveniles

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Articles 151 - 173 of 173

Full-Text Articles in Juvenile Law

Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant Sep 1995

Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant

University of the District of Columbia Law Review

This Note examines the appropriate evidentiary standard for pretrial detention decisions in Juvenile Court in the District of Columbia. Currently, there is no authority mandating the standard of proof that is to be applied to the pretrial detention of juveniles. To ensure that all juveniles receive the same protections, one evidentiary standard must be applied at all pretrial detention hearings. Based upon adult and juvenile pretrial detention statutes, the case law construing those statutes, and the standard courts employ in adult civil commitment procedures, the appropriate standard is the "clear and convincing evidence" standard of proof. In order to afford …


The Right Of Children In The Juvenile Justice System To Inclusion In The Federally Mandated Child Welfare Services System, Jeanne Asherman-Jusino Sep 1995

The Right Of Children In The Juvenile Justice System To Inclusion In The Federally Mandated Child Welfare Services System, Jeanne Asherman-Jusino

University of the District of Columbia Law Review

The District of Columbia has one of the highest juvenile detention rates and the longest juvenile detention stays of any jurisdiction in the country.' Almost half of the children in Oak Hill, the District's secure juvenile detention facility, have no record of violent or serious offenses. 2 The District's large scale use of detention has increased, rather than decreased, crime. By placing young children charged with minor offenses, such as shoplifting, in daily contact with habitual violent juvenile offenders, Oak Hill serves as a training school for criminal behavior.3


Whatever Happened To The "Best Interests" Analysis In New York Relocation Cases? A Response, Merril Sobie Jan 1995

Whatever Happened To The "Best Interests" Analysis In New York Relocation Cases? A Response, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

This response to Justice Sondra Miller’s article will first discuss the competing interests and expectations of the parties to a relocation dispute, and briefly outline the national view or views. In fact, there is no national standard, or anything approaching a consensus among the states. The New York experience under the exceptional circumstances standard will then be analyzed and appraised. My conclusion is that the standard should be maintained, although I believe that the Court of Appeals should revisit the issue to clarify the factors and criteria relevant to a determination.


On The Perils Of Line-Drawing: Juveniles And The Death Penalty, Joseph L. Hoffmann Jan 1989

On The Perils Of Line-Drawing: Juveniles And The Death Penalty, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


Unsafe Havens: The Case For Constitutional Protection Of Foster Children From Abuse And Neglect, Michael B. Mushlin Jan 1988

Unsafe Havens: The Case For Constitutional Protection Of Foster Children From Abuse And Neglect, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

The six sections of this Article present the case for direct federal court involvement in aiding foster children who are at risk of abuse and neglect while in foster care. Section I discusses the extent of abuse and neglect in foster care as well as the structural causes of this maltreatment. It also explains the inevitable failure of the political branches of government to confront the problem. Section II describes the constitutional right to safety and surveys the judicial treatment of that right, including the lack of development of the right for children in foster care. Section III discusses differences …


The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer Jan 1986

The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer

Seattle University Law Review

This Comment analyzes the significance of the principles animating the constitutional privilege against self-incrimination by first looking at the purposes of Washington’s Juvenile Justice Act; second, by examining the status of the privilege against self-incrimination during sentencing; and third, by applying the values protected by the privilege to the use of predisposition psychological evaluations in Washington juvenile courts.


Juveniles, Linda S. Williams Jan 1984

Juveniles, Linda S. Williams

West Virginia Law Review

No abstract provided.


Juveniles, Catherine Munster Apr 1983

Juveniles, Catherine Munster

West Virginia Law Review

No abstract provided.


The Juvenile Offender Act: Effectiveness And Impact On The New York Juvenile Justice System, Merril Sobie Jan 1981

The Juvenile Offender Act: Effectiveness And Impact On The New York Juvenile Justice System, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The Juvenile Offender Act of 1978 incorporates the most radical and perhaps the most controversial amendments to New York's juvenile delinquency statutes in several decades. For the first time since 1909, children accused of committing serious offenses are subject to prosecution in the criminal courts. The gradual decriminalization of delinquency, which began a century and a half ago, has been reversed. This report analyzes and evaluates the Act and its implementation. The first two sections summarize the historical development of juvenile delinquency legislation and compare present New York provisions to those in other states. Sections III and IV will evaluate …


National Juvenile Justice Program Collaboration - Evaluation Report, Genevieve Burch May 1978

National Juvenile Justice Program Collaboration - Evaluation Report, Genevieve Burch

Publications

Evaluation of a Collaboration of National Non-Profit Health and Welfare Organizations as They Worked Together to Serve Status Offenders and Other Youth at Risk


The Maltreated Children Of Our Times, Vincent J. Fontana Jan 1978

The Maltreated Children Of Our Times, Vincent J. Fontana

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Due Process - Prior To Voluntary Commitment By A Parent Or Guardian To A State Mental Institution, Children Under The Age Of 18 Are Entitled To Specific Procedural Due Process Rights Which Cannot Be Waived By The Committing Adult, Mark J. Levin Jan 1976

Constitutional Law - Due Process - Prior To Voluntary Commitment By A Parent Or Guardian To A State Mental Institution, Children Under The Age Of 18 Are Entitled To Specific Procedural Due Process Rights Which Cannot Be Waived By The Committing Adult, Mark J. Levin

Villanova Law Review (1956 - )

No abstract provided.


A Guide To Pennsylvania Delinquency Law, Leonard Packel Jan 1975

A Guide To Pennsylvania Delinquency Law, Leonard Packel

Villanova Law Review (1956 - )

No abstract provided.


Equal Protection For Juveniles: The Present Status Of Sex-Based Discrimination In Juvenile Court Laws, Samuel M. Davis, Susan C. Chaires Apr 1973

Equal Protection For Juveniles: The Present Status Of Sex-Based Discrimination In Juvenile Court Laws, Samuel M. Davis, Susan C. Chaires

Scholarly Works

The authors of this Article are concerned with sex-based discrimination in juvenile court laws. They first analyze those state laws that are sexually discriminatory and then explore the possibility of attacking these laws under the equal protection clause of the fourteenth amendment. Finally, the potential impact of the Equal Rights Amendment upon these laws is discussed.


Constiutional Law - Balancing Test Employed To Resolve Conflict Between State Statute And Resulting Burden On Free Exercise Of Religion - State Interest In Compelling Compulsory High School Attendance Outweighed By Resulting Burden On Free Exercise Of Amish Religion, Michael G. Trachtman Jan 1973

Constiutional Law - Balancing Test Employed To Resolve Conflict Between State Statute And Resulting Burden On Free Exercise Of Religion - State Interest In Compelling Compulsory High School Attendance Outweighed By Resulting Burden On Free Exercise Of Amish Religion, Michael G. Trachtman

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1972

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


The First Amendment And Education - A Plea For Peaceful Coexistence, Dan L. Johnston Jan 1972

The First Amendment And Education - A Plea For Peaceful Coexistence, Dan L. Johnston

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Freedom Of Religion - State Does Not Have Interest Of Sufficient Magnitude To Outweigh Parent's Religious Beliefs In Compelling Medical Care For Minor When Child's Life Is Not In Immediate Danger, James P. Cullen Jan 1972

Constitutional Law - Freedom Of Religion - State Does Not Have Interest Of Sufficient Magnitude To Outweigh Parent's Religious Beliefs In Compelling Medical Care For Minor When Child's Life Is Not In Immediate Danger, James P. Cullen

Villanova Law Review (1956 - )

No abstract provided.


Student Discipline In Public Schools Under The Constitution, William D. Valente Jan 1972

Student Discipline In Public Schools Under The Constitution, William D. Valente

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1970

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Extending Constitutional Rights To Juveniles-Gault In Indiana, Kent H. Westley Apr 1968

Extending Constitutional Rights To Juveniles-Gault In Indiana, Kent H. Westley

Indiana Law Journal

No abstract provided.


Contributory Negligence Of Young Children, C. L. C. Dec 1937

Contributory Negligence Of Young Children, C. L. C.

West Virginia Law Review

No abstract provided.


Effect Of Disaffirmance By An Infant Of His Indorsement Of Negotiable Paper, David F. Cavers Jun 1931

Effect Of Disaffirmance By An Infant Of His Indorsement Of Negotiable Paper, David F. Cavers

West Virginia Law Review

No abstract provided.