Juvenile Law Commons^™

Punishment First: A Study Of Juvenile Pretrial Detention, Richard V. Foster, David Tanenhaus, Heather Lynn Lusty

McNair Poster Presentations

How society and the legal system should respond to youth crime is a volatile issue. Much research exists on this topic broadly. A largely overlooked subset exists regarding the rights of juveniles in the United States who face pretrial confinement, specifically how juveniles accused of delinquency are treated by the courts. Delinquency or a delinquent act, in the context of this study, is “an act that would be considered a crime if committed by an adult.”7. Adults and children are processed by the courts differently, each with their own rights and court mandated procedures to follow. This report analyzes …

Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth Samuels

All Faculty Scholarship

For more than 30 years adoption law reform advocates have been seeking to restore for adult adoptees the right to access their original birth certificates, a right that was lost in all but two states between the late 1930s and 1990. The advocates have faced strong opposition and have succeeded only in recent years and only in eight states. Among the most vigorous advocates for access are “birth mothers” who surrendered their children during a time it was believed that adoption would relieve unmarried women of shame and restore them to a respectable life. The birth mother advocates say that …

Emotional, Psychological, And Behavioral Challenges Of Children With Incarcerated Parents, Starr Bailey, Marie Antoinette Wakefield

McNair Poster Presentations

Children of incarcerated mothers and fathers are at a high risk of developing emotion­al, psychological, and behavioral problems (Dallaire, 2000; Lotze, Ravindran, & Myers, 2010; Nurse, 2004). The literature review conducted for this study noted several problem­atic behaviors. Some children were at a high risk for delinquency and criminal activity. Others experienced several home displacements which led to foster care or grand parenting responsibilities (Belknap, 2006). Further, mental health issues and school behavior prob­lems were directly linked to parental incarceration (Arditti, 2012). Four main problems in children were identified, which included aggression, anxiety, poor concentration, and so­cial withdrawal. Some children …

Criminalizing Normal Adolescent Behavior In Communities Of Color: The Role Of Prosecutors In Juvenile Justice Reform, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

There is little dispute that racial disparities pervade the contemporary American juvenile justice system. The persistent overrepresentation of youth of color in the system suggests that scientifically supported notions of diminished culpability of youth are not applied consistently across races. Drawing from recent studies on implicit bias and the impact of race on perceptions of adolescent culpability, Professor Henning contends that contemporary narratives portraying black and Hispanic youth as dangerous and irredeemable lead prosecutors to disproportionately reject youth as a mitigating factor for their behavior. Although racial disparities begin at arrest and persist through every stage of the juvenile justice …

Yonder Stands Your Orphan With His Gun: The International Human Rights And Therapeutic Jurisprudence Implications Of Juvenile Punishment Schemes, Michael L. Perlin

Articles & Chapters

In the last decade, the US Supreme Court has ruled that the death penalty, a life sentence without possibility of parole (LWOP), and mandatory LWOP for homicide convictions violate the Eighth Amendment when applied to juvenile defendants. These decisions were premised, in large part, on findings that "developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds," and that those findings both lessened a child's "moral culpability" and enhanced the prospect that, as the years go by and neurological development occurs, his "deficiencies will be reformed."

These decisions have, by and large, been welcomed …

Equality Between Adults And Children: Its Meaning, Implications, And Opposition, James G. Dwyer

Faculty Publications

Family law scholars have devoted much attention to equality among groups of adults and some attention to equality between groups of children. There has been little exploration, however, of the notion of equality between adults and children. In this Article, I first explain what it means at a basic, theoretical level to speak of such equality. I then identify some practical implications. Finally, I consider why there is great resistance to many practical implications of children's equality, even among those who would consider themselves advocates for child welfare.

Evolving Capacities: The B.C. Representative For Children And Youth As A Hybrid Model Of Oversight, Mary Liston

All Faculty Publications

This paper explores hybrid models of oversight through an examination of a new institutional creation: British Columbia’s Representative for Children and Youth (BC RCY). The paper argues that societal changes in the conception of children’s worth have significantly affected approaches to child welfare and have also stimulated institutional innovation. The paper begins with a historical overview of the legal and moral status of children, focusing on the child as the subject of government protection, and then considers the evolution of children’s rights in the twentieth century. This conceptual shift from children as passive objects of paternal state care to (near) …

The Poverty Defense, Michele E. Gilman

All Faculty Scholarship

Poverty is correlated with crime, but it is widely assumed that it should not be a defense. In the 1970s, Judge David Bazelon challenged this assumption, proposing a rotten social background defense, that is, how growing up under circumstances of severe deprivation can subsequently impact a criminal defendant's mental state and actions. Relatedly, other theorists have posited that poverty should be a defense to crime based on poverty's coercive aspects or because society forfeits its right to condemn when it tolerates significant economic inequality. Critics counter that a poverty defense should not be adopted because it is not only inconsistent …

Where The Judiciary Prosecutes In Front Of Itself: Missouri's Unconstitutional Juvenile Court Structure, Joshua Gupta-Kagan

Faculty Scholarship

This Article will address several issues raised by Missouri’s unusual juvenile court structure, arguing that the structure violates the Missouri Constitution’s separation of powers clauses by placing prosecutorial discretion with-in the judicial branch. By granting juvenile officers, who are subject to judges’ supervision, exclusive power to file child abuse and neglect and juvenile delinquency cases, Missouri law concentrates power into the hands of one branch of government. Missouri law thus empowers individual judges to set child welfare and juvenile justice policy by managerial decree. Subordinate judicial branch officials face pressure to file and litigate cases to please their boss, the …

Miller V. Alabama And The (Past And) Future Of Juvenile Crime Regulation, Elizabeth S. Scott

Faculty Scholarship

This essay was the keynote address for a symposium on Miller v Alabama, the 2012 Supreme Court opinion holding unconstitutional under the Eighth Amendment a statute imposing a mandatory sentence of life without parole for juveniles convicted of homicide. The essay argues that Miller embodies a way of thinking about juvenile crime that has taken hold in the early 21st century – an approach that emphasizes the importance for legal policy of developmental differences between juveniles and adults. This emerging trend contrasts sharply with the regulatory approach of the 1990s when moral panics over juvenile crime fueled punitive law reforms …

"Children Are Different": Constitutional Values And Justice Policy, Elizabeth S. Scott

Faculty Scholarship

This essay explores the importance for Eighth Amendment jurisprudence and for juvenile crime regulation of Miller v. Alabama (2012) and two earlier Supreme Court opinions rejecting harsh sentences for juveniles. It argues that the Court has broken new ground in defining juveniles as a category of offenders who are subject to special Eighth Amendment protections. In Miller and in Graham v. Florida (2010) particularly, the Court has applied to juveniles' non-capital sentences the rigorous proportionality review that, for adults, has been reserved for death sentences. The essay then turns to the implications of the opinions for juvenile crime policy, arguing …

Creating A Child-Friendly Child Welfare System: Effective Early Intervention To Prevent Maltreatment And Protect Victimized Children, Elizabeth Bartholet

Buffalo Law Review

No abstract provided.

The Legal Significance Of The Psychological Ability To Appreciate The “Other”, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Recently the U.S. Supreme Court, citing neurological and psychological studies, held that because juveniles are deficient in appreciating consequences to others, they should never be given the death penalty. The author found, in his years as a legal scholar, educator, and practitioner, that “appreciating the ‘other’”--putting oneself in the position of others---is critical to law and the study of law in more than the obvious ways.

The author became aware of empirical studies and psychological experiments demonstrating that children below a certain age have trouble seeing things from another’s vantage point, and found that the facility to do so develops …

Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt

Pepperdine Law Review

No abstract provided.

The Best Interest Of The Child And The Law , Christian Reichel Van Deusen

Pepperdine Law Review

No abstract provided.

Deinstitutionalization Of Status Offenders: In Perspective , Robert W. Sweet Jr.

Pepperdine Law Review

No abstract provided.

A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler

Pepperdine Law Review

No abstract provided.

Best Interests Of The Child: By Whose Definition? , Harvey R. Sorkow

Pepperdine Law Review

No abstract provided.

Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli

Pepperdine Law Review

No abstract provided.

The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson

Pepperdine Law Review

No abstract provided.

Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff

Pepperdine Law Review

No abstract provided.

The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland

Pepperdine Law Review

No abstract provided.

Introduction, Lee Miller, Don Mark North

Pepperdine Law Review

No abstract provided.

Is There A Legal Recourse Available In New York When The Press Fails To Protect The Identity Of A Child Abuse Victim?, John H. Wilson

Pace Law Review

No abstract provided.

Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon

Pepperdine Law Review

No abstract provided.

Holding Juveniles Accountable: Reforming America's "Juvenile Injustice System", Ralph A. Rossum

Pepperdine Law Review

No abstract provided.

Solving The Problem: Rehabilitation, Reformation, And Other Solutions, Ralph A. Rossum, George Nicholson, Reuben Greenberg, William P. Haney Jr.

Pepperdine Law Review

No abstract provided.

Framing The Juvenile Justice Problem: The Reality Behind The Problem, Robert M. Figlio, Lois Haight, Malcolm W. Klein, Sharon Kalemkiarian

Pepperdine Law Review

No abstract provided.

Dealing With The Problem: Discretion Within The Court System, David Disco, Lisa Greer, Socrates Manoukian

Pepperdine Law Review

No abstract provided.

Reforming Juvenile Justice And Improving Juvenile Character: The Case For The Justice Model, Ralph A. Rossum

Pepperdine Law Review

No abstract provided.