Juvenile Law Commons^™

A Search For The Truth Or Trial By Ordeal: When Prosecutors Cross-Examine Adolescents How Should Courts Respond, Frank E. Vandervort

Articles

It is an axiom of the law that cross-examination is, in John Henry Wigmore's words, the "greatest legal engine ever invented for the discovery of truth." In part because of its perceived utility in getting to the truth of a matter, courts are generally reluctant, despite broad authority to do so, to step in and to govern the conduct of cross-examination. But is cross-examination invariably calculated to ascertain the truth? While most lawyers are familiar with Wigmore's famous quotation, few are familiar with the caveat that shortly follows it: "A lawyer can do anything with cross-examination.. . . He may, …

A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray

Faculty Scholarship

In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison without the possibility of release for nonhomicide crimes if the perpetrator was under the age of eighteen at the time of his offense. In so holding, Justice Kennedy cited foreign and international law to confirm the Court’s independent judgment. In his dissent, Justice Thomas recited now-familiar objections to the Court’s reliance on these sources. Those objections are grounded in his originalist jurisprudence. In this short invited essay, which expands on prior work, we argue that Justice Thomas should abandon these …

Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier

Law Student Publications

This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-to-teen sexting.

Towards A New Lens Of Analysis: The History And Future Of Religioius Exemptions To Child Neglect Statutes, Gregory Engle

Law Student Publications

In order to analyze the religious exemptions, this paper will begin with their history. Part II looks at the Child Abuse Prevention and Treatment Act of 1974 (CAPTA) the statute that precipitated their spread, as well as the justifications that it was bolstered upon: Free Exercise of religion and parental rights. The Equal Protection critique follows as Part III, followed by Part IV that discusses the traditional critique, grounded in the Establishment Clause. In Part V, the article will finish with an explanation of why the Equal Protection critique is a much stronger criticism.

Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Jaros

All Faculty Scholarship

The last two decades have witnessed an astonishing increase in the use of the criminal justice system to police neglectful parents. Recasting traditional allegations of neglect as criminal charges of endangering the welfare of a child, prosecutors and the police have involved criminal courts in the regulation of aspects of the parent child relationship that were once the sole province of family courts. This Article explores the legal implications of vesting judges in these cases with the unfettered discretion to issue protective orders that criminalize contact between a parent and her child. I argue that procedures for issuing protective orders …

Kids Are Different, Stephen St.Vincent

Michigan Law Review First Impressions

The Supreme Court recently handed down its decision in Graham v. Florida. The case involved a juvenile, Graham, who was sentenced to life in prison after being convicted as an adult of a nonhomicidal crime. The offense, a home invasion robbery, was his second; the first was attempted robbery. Due to Florida's abolition of parole, the judge's imposition of a life sentence meant that Graham was constructively sentenced to life without parole for a nonhomicide crime. Graham challenged this sentence as unconstitutional under the Eighth Amendment. Somewhat surprisingly, the Supreme Court invalidated Graham's sentence by a 6-3 majority. By a …

Strong Medicine: Toward Effective Sentencing Of Child Pornography Offenders, Kristin Carlson

Michigan Law Review First Impressions

In recent years, possessors of child pornography have entered the federal criminal justice at an alarming rate. In 2006, child pornography cases accounted for sixty-nine percent of the child exploitation cases that were prosecuted federally. Average federal sentences for these offenses also rose sharply, by about 300 percent over the past fourteen years. The mean sentence imposed for child pornography offenses increased from thirty-six months in 1994 to 109 months by 2008. The severe sentences imposed on possessors of child pornography in federal courts have inspired an ongoing deb ate. Critics feel the U.S. Sentencing Guidelines are too harsh on …

College Suicide: A Law And Policy Perspective, Gary Pavela

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Insights Gleaned From The Tragedy At Virginia Tech, Lucinda Roy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Appropriate Responses Of Campus Security Forces, Donald Challis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

What Psychiatry, Developmental Psychology, And Neuroscience Can Teach Us About At- Risk Students, Eileen P. Ryan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Detecting And Engaging At-Risk Students, Ann P. Haas

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

What The Governor’S Panel Learned, Aradhana "Bela" Sood

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Failure To Communicate: Did Privacy Laws Contribute To The Virginia Tech Tragedy?, Richard Brusca, Colin Ram

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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

All Faculty Scholarship

No abstract provided.

A More Humane Vision Of Family Law: Holistic Approach Needed To Shield Children From The Trauma Of Breakups, Barbara A. Babb, Mitchell K. Karpf

All Faculty Scholarship

No abstract provided.

Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities -- How Senate Bill 585 Could Have Helped, Jillian Malizio

Law Student Publications

The right to counsel is a fundamental right, one the framers of our Constitution intended to apply to all American citizens. Virginia statutes and case law have protected the rights of incarcerated adults and it is now time to grant those same protections to the juveniles in their custody. Part II of this comment will review the requirement of a prisoner’s right to “meaningful access” to the courts from both an adult and juvenile’s perspective. An examination of jurisprudence from the Supreme Court of the United States, and Circuit Courts, reveals the history and importance of “meaningful access” and shows …

Prosecute The Cheerleader, Save The World?: Asserting Federal Jurisdiction Over Child Pornography Crimes Committed Through “Sexting”, Isaac A. Mcbeth

Law Student Publications

This comment explores the possible scenarios in which sexting could give rise to prosecution under Protection of Children Against Sexual Exploitation Act of 1977 (“PCASEA”) for transporting, distributing, receiving, or possessing child pornography.2 Part II provides background information on the practice and prevalence of sexting. Part III discusses the definition of child pornography within the meaning of federal law and applies that definition to sexting. Part IV presents the concept of the transporting or shipping in interstate or foreign commerce jurisdictional hook and its potential relation to sexting. Part V applies the principles of statutory interpretation to the relevant provisions …

Prosecute The Cheerleader, Save The World?: Asserting Federal Jurisdiction Over Child Pornography Crimes Committed Through "Sexting", Isaac A. Mcbeth

University of Richmond Law Review

No abstract provided.

The Nature Of Abuse Clerical V. Material Error Where Does North Carolina Stand, Brittany N. Guffey

North Carolina Central Law Review

No abstract provided.

Food Allergies In Public Schools: Toward A Model Code, Michael Borella

Chicago-Kent Law Review

Sufferers of food allergies can experience anaphylactic shock, and even death, within minutes of exposure to allergens such as peanuts, soy, wheat, eggs, milk, and fish. This causes unique problems when the food allergy sufferers are children in public schools. The widespread availability of these allergens in school lunchrooms and classrooms places children with food allergies in danger while they are entrusted to the government's care. Since these children, especially young children, cannot be relied upon to be able to avoid allergens on their own, reasonable and logical laws should be in place to ensure that children are safe while …

The Power Of The Parental Trump Card: How And Why Frazier V. Winn Got It Right, Jocelyn Floyd

Chicago-Kent Law Review

When two fundamental rights are in conflict, such that the protection of one requires the infringement of the other, courts must weigh those rights against each other to determine which is ultimately greater. In Frazier v. Winn, the Eleventh Circuit dealt with precisely such an issue: specifically, the rights of parents pitted against those of their children. This note explores the history of both parental rights and student's rights in school to show why the court appropriately affirmed that children's right to free speech is only as expansive as their parents allow, justified by the parents' fundamental right to …

Juvenile Delinquency Policy And Juvenile Crime In The American States, Jennifer Baker

Political Science Theses and Capstones

Every year each state comes out with a report on all the possible crimes that were committed and how many people were convicted for various crimes in a given state. The same goes for juveniles, as reported in the Juvenile Offenders and Victims 2006 National Report. I compiled data on the fifty states and their programs directed towards juveniles. I then compared the different crimes against the different programs to see if there was any significant difference in Crime rates between states having a specific juvenile justice program or not. I found that some of the programs did affect crime …

Freedom From Compulsion, Tess Slattery

Chicago-Kent Law Review

A recent Eleventh Circuit case, Frazier ex rel. Frazier v. Winn, upheld as facially constitutional a Florida statute that requires a student to obtain parental permission before abstaining from participation in the Pledge of Allegiance. This note argues that the court reached the wrong conclusion because it failed to properly weigh the students' right to free speech against the parents' right to control the upbringing of their children. This note argues that Justice Breyer's framework for balancing conflicting rights should be adopted for use in this context. By applying Justice Breyer's balancing test, the Florida statute should be found …

A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi

Federal Communications Law Journal

This Article addresses both the constitutionality and the efficacy of the FCC's current rules that require broadcasters to air children's educational programming. It argues that, even though the rules would probably pass muster under the First Amendment, they should nevertheless be substantially revised.

Empirical studies show mixed results, with substantial amounts of educationally insufficient programming. This is predictable-attributable to broadcaster incentives, limits on the FCC's enforcement capacities, and audience factors. Instead, the Article advises a turn away from programming mandates. It proposes a "pay or play" approach that allows broadcasters to pay a fee to a fund for high-quality public …

Pity The Child: The Age Of Delinquency In New York, Merril Sobie

Pace Law Review

No abstract provided.

“Sexting” And The First Amendment, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

“Sexting” and other teen autopornography are becoming a widespread phenomenon, with perhaps 20% of teenagers admitting to producing nude or semi-nude pictures of themselves and an ever greater proportion, perhaps as many as 50%, having received such pictures from friends and classmates. It is, moreover, beginning to result in criminal prosecutions. Given the reality of changing social practices, mores and technology utilization, today’s pornography laws are a trap for unwary teens and operate, in effect, to criminalize a large fraction of America’s young people. As such, these laws and prosecutions represent a stark example of the contradictions that can occur …

Attitudes Towards Megan's Law And Juvenile Sex Offenders, Debra Lee Cochrane

UNLV Theses, Dissertations, Professional Papers, and Capstones

Sex offender registration laws are very controversial. All fifty states require adult sex offenders to register. Twenty-eight states have extended registration and community notification requirements to juveniles (Hiller, 1998). These states seem to have failed to look at the uniqueness of juvenile sex offending. Juveniles have a very low recidivism rate and complex issues of culpability from age-of-consent laws. Applying Megan's Law to juveniles could have considerable negative consequences for juveniles' social development, particularly because one of the main stipulations of the law requires the juvenile to notify their school. Rehabilitation is a key factor of the juvenile justice system …

An Offer They Can't Refuse: Racial Disparity In Juvenile Justice And Deliberate Indifference Meet Alternatives That Work, Edgar Cahn, Cynthia Robbins

University of the District of Columbia Law Review

While young people of all races commit delinquent acts, some are provided treatment while others are detained and incarcerated. Once incarcerated, these youth begin their slide down a slippery slope; they lack an equal opportunity to gather evidence and prepare their cases. Furthermore, they will be effectively deprived of the opportunity and the resources to develop the educational and employment skills necessary to progress to productive adult lives. It is well documented that juveniles of color are more likely than their white counterparts to be arrested,1 referred to juvenile court rather than to diversion programs, charged,waived to adult court, detained …