Juvenile Law Commons^™

J.D.B. V. North Carolina: An Appropriate Expansion Of Miranda To Account For Age In Juvenile Interrogations, Hanna M. Sheehan

Maryland Law Review

No abstract provided.

Understanding Jurors’ Judgments In Cases Involving Juvenile Defendants: Effects Of Confession Evidence And Intellectual Disability, Cynthia J. Najdowski, Bette L. Bottoms

Psychology Faculty Scholarship

Juveniles are at heightened risk for falsely confessing to crimes, particularly if they are intellectually disabled. We conducted a mock trial experiment to investigate the effects of a juvenile defendant’s confession and status as intellectually disabled on jurors’ decision making. As expected, jurors discounted a juvenile’s coerced confession: Jurors’ judgments were similar for a juvenile who was perceived to have confessed under coercion and a juvenile who did not confess. In general, these effects were explained by the fact that, compared to a juvenile who was perceived as having confessed voluntarily, a juvenile who was perceived as having confessed under …

Childhood, Interrupted: Encouraging The De-Institutionalization Of Utah's State Hospital, Sara Montoya

Utah OnLaw: The Utah Law Review Online Supplement

While boasting a culture that is rich in family and community values, Utah ought to be leading the way in developing and implementing a comprehensive and efficient system of care that protects children and families by placing tools within the home and the community to strengthen these core units of Utah society. Further, with the Utah State Hospital at the end of its physical lifespan, and a crippled economy requiring more budget pinching than ever, the timing is particularly conducive to taking these crucial steps forward. With these litigation tools, an advocacy group or family might be able to successfully …

Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef

Center on Children, Families, and the Law: Faculty Publications

The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin's tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners' understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA.

In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling …

Introduction: Evolving Standards In Juvenile Justice From Gault To Graham And Beyond, Mae C. Quinn

Journal Articles

This collection of articles explores the ongoing evolution of juvenile justice standards, sharing important theoretical insights about the current state of the law as well as experience-based lessons from committed juvenile practitioners who confront important youth justice issues in our communities and courts. It is being published in conjunction with Washington University‘s 12th annual Access to Equal Justice Colloquium, which this year sought to bring together stakeholders from the national, state, and local levels to share and build juvenile justice expertise during a day-long conference.2 Our goal was to consider where we have been, where we are now, and where …

How Many Lives Has Victor Streib Saved? A Tribute, Deborah W. Denno

Faculty Scholarship

No abstract provided.

Achieving Fundamental Fairness For Oklahoma's Juveniles: The Role For Competency In Juvenile Proceedings, Mary Sue Backus

Faculty Articles

No abstract provided.

What’S Love Got To Do With It: Securing Access To Justice For Abused Teens, Lisa Vollendorf Martin

Catholic University Law Review

No abstract provided.

Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Mary’S Friend, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger

Research Reports & White Papers

focusing on female youth age 10-13

Comment: A Minor Conflict: Why The Objectives Of Federal Sex Trafficking Legislation Preempt The Enforcement Of State Prostitution Laws Against Minors, Susan Crile

American University Law Review

No abstract provided.

Achieving Fundamental Fairness For Oklahoma's Juveniles: The Role For Competency In Juvenile Proceedings, Mary Sue Backus

Oklahoma Law Review

No abstract provided.

Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Sheila’S Dilemma, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger

Research Reports & White Papers

focusing on female youth age 14-18

Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Carol’S Question, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger

Research Reports & White Papers

focusing on sexual minority youth

The Delinquent “Toddler”, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

Twenty-first century juvenile justice jurisprudence has focused on the criminal responsibility of adolescents, including, notably, the interface between psychological and neurological development and social accountability. The focus has led to a growing awareness that teenagers should not be equated with or held as accountable as adults. For example, several states, including Connecticut, Illinois, and Mississippi, have raised the age of criminal responsibility from 16 or 17 to 18, with a corresponding expansion of juvenile court jurisdiction. Of potentially greater significance, the principle of diminished criminal responsibility has gained credibility. Witness, for example, the US Supreme Court holding that capital punishment …

The Connection Between Permanency And Education In Child Welfare Policy, Kele Stewart

Articles

No abstract provided.

New Paths For The Court: Protections Afforded Juveniles Under Miranda; Effective Assistance Of Counsel; And Habeas Corpus Decisions Of The Supreme Court’S 2010/2011 Term, Richard Klein

Touro Law Review

No abstract provided.

Beyond “Eros:” Relative Caregiving, “Agape” Parentage, And The Best Interests Of Children., Sacha M. Coupet

Faculty Publications & Other Works

No abstract provided.

Minor's Personal Injury Actions And Settlements In North Carolina, John M. Kirby

Campbell Law Review

This Article addresses the issues that are peculiar to claims of minors in North Carolina. Persons who are the age of majority prosecute and settle claims that raise numerous substantive and procedural issues. These issues can be compounded, however, when the claimant is a minor. The distinct issues that arise with a minor’s claim include: that a minor is often held to a different standard of conduct; that other persons are held to a higher or different standard of conduct toward a minor; that other persons may have a duty to protect the minor; that courts generally protect the interests …

Dean's Column: Unchain The Children, Mary Berkheiser

Scholarly Works

No abstract provided.

Five Devastating Collateral Consequences Of Juvenile Delinquency Adjudications You Should Know Before You Represent A Child, Julie Ellen Mcconnell

Law Faculty Publications

The original purpose of the juvenile court was to create a forum, separate from the adult courts, in which children could be given the opportunity for rehabilitation and treatment. Society placed an emphasis on correcting misbehavior and minimizing disruptions in the transition to adulthood for young people and wanted to spare them the stigma of being branded as “criminals.” In 1967, the Court established in In re Gault that juveniles, even though they were in a different system, were still entitled to the basic safeguards that an adult would be granted in the courtroom.

For most of the existence of …

Bullies In A Wired World: The Impact Of Cyberspace Victimization On Adolescent Mental Health And The Need For Cyberbullying Legislation In Ohio, Kelly A. Albin

Journal of Law and Health

This Note examines cyberbullying's impact on adolescents' mental health and psychological development and explores an Ohio-specific legislative response to the problem. Part II addresses the urgent need for cyberbullying legislation, the inadequacy of Ohio law, and the detrimental effects that may result when juveniles are targeted by cyberbullies. Part III demonstrates how other states have reacted to the cyberbullying problem by amending already enacted bullying statutes or by creating new and specific cyberbullying laws. Part IV proposes a new cyberbullying statute that criminalizes the more extreme cases of cyberbullying, incorporates age as a sentencing factor, and introduces school-employee liability for …

Reforming The Safe Haven In Ohio: Protecting The Rights Of Mothers Through Anonymity, Brittany Neal

Journal of Law and Health

This Note discusses the conflict between the statewide safe haven law and the Ohio juvenile rules regarding procedure. It purports that to protect the rights of new mothers and retain the essential element of anonymity, Ohio’s Juvenile Rule 1(C) needs to be amended to maintain the state’s current safe haven law. Therefore, because of the statewide threat Ohio courts place on Ohio’s safe haven law, Juvenile Rule 1(C) needs to explicitly provide for an additional exception in cases of child relinquishment. Section II of this Note discusses the beginning of state safe haven legislation and what the laws are attempting …

No Longer "Forgotten": Specialized Judges To Guarantee Rights Of Romanian Children, Melina Rozzisi

Public Interest Law Reporter

No abstract provided.

Recidivism Rates Of Youth Discharged From Supervision 2006 - 2009, Becky Noréus, Jillian Foley Mppm

Justice Policy

The Maine Department of Corrections (MDOC) Division of Juvenile Services (DJS) collaborates with the Muskie School of Public Service in a state‐university partnership to analyze juvenile recidivism rates. DJS measures juvenile justice outcomes to guide policy and program development geared toward recidivism reduction. Reduction of youth recidivism in Maine increases public safety.

Recidivism in this report is defined as a re‐adjudication (juvenile system) or conviction (adult system) for a new offense committed by a youth in Maine within three years after release from DJS supervision. This report measures DJS impact on youth who have been released from DJS supervision by …

Child Soldiers And Clicktivism: Justice, Myths, And Prevention, Mark A. Drumbl

Scholarly Articles

The Kony 2012 campaign, conducted under the auspices of an American advocacy group, Invisible Children, highlighted – somewhat belatedly – the Lord’s Resistance Army (LRA), its leadership, and its many victims in northern Uganda, notably child soldiers. Deeper questions lurk, however, amid the breezy media flurry. How does Kony 2012 inform our understanding of child soldiers? How does it sculpt international efforts to prevent child soldiering?

Juveniles Convicted As Adults: An Annotated Bibliography Of Current Research., Brenda V. Smith, Jaime Yarussi

Project on Addressing Prison Rape - Articles

This publication compiles case law, new stories, reports and helpful sites on the issue of juveniles convicted as adults (as of 2012).

Five Mistakes For New Child-Welfare Lawyers To Avoid, Jennifer Baum

Faculty Publications

(Excerpt)

You’ve graduated, passed the bar, and started your first legal job working with children and families. Perhaps you work for an institutional provider of legal services for children or as a prosecutor of dependency cases, or perhaps you are defending such cases. Perhaps, still, you are in private practice, and this is your first pro bono experience working on a family or juvenile court matter. Whatever your role, your job is the same: to represent your client and seek as favorable an outcome as possible.

But you are new—you don’t know the ropes or who the players are, you …

Omar Khadr: Domestic And International Litigation Strategies For A Child In Armed Conflict Held At Guantanamo, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

This essay explores the intersections and tensions between international human rights law and international humanitarian law as those two doctrinal areas played out in the concrete situation of Omar Khadr, a Canadian child detainee at Guantanamo Bay. Particular focus is given to how issues regarding his youth were addressed by the many tribunals involved: in the multiple venues of courts in the United States and Canada, and in international human rights bodies. The issues on Omar’s youth span many contexts, raising judicial questions regarding the legality of his detention, his treatment and separation from adults while detained, jurisdiction to prosecute …

Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Charlie’S Report, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger

Research Reports & White Papers

focusing on male youth age 10-13

Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Billy Speaks Out, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger

Research Reports & White Papers

focusing on male youth age 14-18