Juvenile Law Commons^™

Juvenile Justice: The Fourth Option, Christopher Slobogin, Mark R. Fondacaro

Vanderbilt Law School Faculty Publications

The current eclectic mix of solutions to the juvenile-crime problem is insufficiently conceptualized and too beholden to myths about youth, the crimes they commit, and effective means of responding to their problems. The dominant punitive approach to juvenile justice, modeled on the adult criminal justice system, either ignores or misapplies current knowledge about the causes of juvenile crime and the means of reducing it. But the rehabilitative vision that motivated the progenitors of the juvenile court errs in the other direction, by allowing the state to assert its police power even over those who are innocent of crime. The most …

The False Promise Of Adolescent Brain Science In Juvenile Justice, Terry A. Maroney

Vanderbilt Law School Faculty Publications

Recent scientific findings about the developing teen brain have both captured public attention and begun to percolate through legal theory and practice. Indeed, many believe that developmental neuroscience contributed to the U.S. Supreme Court’s elimination of the juvenile death penalty in Roper v. Simmons. Post-Roper, scholars assert that the developmentally normal attributes of the teen brain counsel differential treatment of young offenders, and advocates increasingly make such arguments before the courts. The success of any theory, though, depends in large part on implementation, and challenges that emerge through implementation illuminate problematic aspects of the theory. This Article tests the legal …

Section 1: Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

2009 Survey Of Juvenile Law, Michael J. Dale

Faculty Scholarship

No abstract provided.

International Standards For The Promotion And Protection Of Children's Rights: American And South African Dimensions, Johan D. Ven Der Vyver

Buffalo Human Rights Law Review

No abstract provided.

Policing In Schools: Developing A Governance Document For School Resource Officers In K-12 Schools, India Geronimo Thusi, Catherine Y. Kim

Books & Book Chapters by Maurer Faculty

This White Paper argues that a formal governance document is necessary to ensure that law enforcement, school officials, and the communities they serve have a shared understanding of the goals of the SRO program, and that these officers receive the necessary support and training prior to their deployment.6 Absent specific guidelines, SROs may not have a clear understanding of their role within the larger educational context or the rights and needs of the children they are intended to serve; they may inadvertently, and indeed counterproductively, create an adversarial environment that pushes students, particularly at-risk students, out of school rather than …

Juveniles’ Knowledge Of The Court Process: Results From Instruction From An Electronic Source, Christine Driver, Eve M. Brank

Department of Psychology: Faculty Publications

Our study first determined what juveniles know about the juvenile court process. Second, it evaluated a DVD designed to be a systematic and simple way to improve this knowledge. A pre- and post-test design was used with two pilot samples and two samples from the population of interest. A sample from a juvenile detention center (n = 118) was the focus of this study. Initial knowledge of the court process was quite low for the detention sample (pretest M = 64.0%, SD = 14.2%). All samples experienced a significant improvement of knowledge after watching the DVD. Youth in the …

Collateral Damage? Juvenile Snitches In America’S 'Wars' On Drugs, Crime And Gangs, Andrea L. Dennis

Scholarly Works

The government’s use of children as informants in America’s 'wars' on drugs, crime, and gangs is little recognized and rarely discussed by scholars, policymakers, and the public. As with many governmental practices, only notorious instances make headlines, such as when a child is killed in retaliation for informing. Because public attention rarely is focused on the practice, it has not generated consistent documentation of, regulation of, or accountability for such use of child informants. As a starting point for discussion, this article illuminates the experiences of child informants, describing a facet of the snitching institution that generally operates under the …

Collateral Children: Consequence And Illegality At The Intersection Of Foster Care And Child Support, Daniel L. Hatcher

All Faculty Scholarship

This Article is the third in a series addressing the conflict between state revenue maximization strategies and the missions of state agencies serving low-income children. The Article examines the policy of foster care cost recovery through child support enforcement. When children are removed from poor families and placed in foster care, federal law requires child welfare agencies to initiate child support obligations against the parents. Resulting payments do not benefit the children but are converted into a government funding stream to reimburse the costs of foster care. This cost recovery effort often subordinates the child welfare system’s primary goals of …

Legal Strategies To Address Child Support Obligations For Nonresident Fathers In The Child Welfare System, Daniel L. Hatcher

All Faculty Scholarship

The legal and practical issues surrounding child support obligations have enormous impact on families in the child welfare system. Unfortunately, these issues are often ignored, overlooked, or misunderstood. A much-needed effort to engage nonresident fathers in the child welfare system is underway, but those efforts will often be derailed if child support is not properly addressed. This article sheds light on the legal and policy concerns regarding child support enforcement in child protection cases and provides legal strategies for advocates to address those concerns. While primarily aimed at advocates for nonresident fathers, this article should also benefit advocates for custodial …

The Never-Ending Limits Of § 230: Extending Isp Immunity To The Sexual Exploitation Of Children, Katy Noeth

Federal Communications Law Journal

In 2006, the U.S. District Court for the Eastern District of Texas extended civil liability to Yahoo! under § 230 of the Communications Decency Act so that it could not be sued for knowingly profiting from a Web site where members exchanged sexually explicit pictures of minors. The court found that the reasoning of the seminal § 230 case, Zeran v. AOL, was analogous and that policy considerations mandated its holding.

This Note argues that a multifaceted approach is needed to prevent future courts from following that decision, including an amendment to § 230 that would impose civil liability upon …

Detecting, Preventing, And Treating Sexually Transmitted Diseases Among Adolescent Arrestees: An Unmet Public Health Need, Steven Belenko, Richard Dembo, Matthew Rollie, Kristina Childs, Christopher Salvatore

Department of Justice Studies Faculty Scholarship and Creative Works

Studies of detained and incarcerated adolescent offenders in the United States indicate that these juveniles have an elevated risk of sexually transmitted diseases (STDs). However, many more arrestees enter the “front end” of the juvenile justice system that is detained or incarcerated, and research into the STD risk profiles and service needs of this larger group is lacking. An expansion of STD testing (including of asymptomatic youths), prevention, and treatment is needed, as is improved knowledge about gender- and race-specific services. A pilot program in Florida has shown that juvenile justice and public health systems can collaborate to implement STD …

Parent Education Programs: Review Of The Literature And Annotated Bibliography, Barbara A. Babb, Gloria Danziger, Judith D. Moran, Itta Englander

All Faculty Scholarship

Court-connected parent education programs are an integral family service component in most of the nation’s family courts. These programs are implemented to enable the courts to respond efficiently and effectively to the proliferation of cases involving separation, divorce, and related issues such as child custody and access (Sigal, Sandler, Wolchik, and Braver, 2008; Pollet and Lombreglia, 2008; McIntosh and Deacon-Wood, 2003). Since 2007, parent education classes are mandatory in forty-six states (Pollet and Lombreglia, 2008). In Maryland, every court with jurisdiction over divorce and child custody matters utilizes some form of parent education.

The findings discussed in this literature review …

Confession And Mandatory Child Abuse Reporting: A New Take On The Constitutionality Of Abrogating The Priest-Penitent Privilege, Samuel G. Brooks

Brigham Young University Journal of Public Law

No abstract provided.

Targeting Youth—Hit Or Miss? Juvenile Certification In Clark County, Nevada Examined, Brittnie Turquoise Watkins

UNLV Theses, Dissertations, Professional Papers, and Capstones

Juvenile certification is the method by which a juvenile may be removed from juvenile court jurisdiction and placed in the adult criminal court jurisdiction. In many cases, juvenile courts exercise judicial certifications, in which a judge determines if the case will be heard in juvenile or adult court. Many factors influence a judge's determination of certification outcomes. Legal factors include dangerousness, amenability, and maturity of the youth. Extra-legal factors include race and sex. Although judges are believed to be impartial, prior research has found that these bias factors may influence outcomes. This study assesses what factors are influential in one …

Jurors’ Perceptions Of Juvenile Defendants: The Influence Of Intellectual Disability, Abuse History, And Confession Evidence, Cynthia J. Najdowski, Bette L. Bottoms, Maria C. Vargas

Psychology Faculty Scholarship

Understanding jurors’ perceptions of juvenile defendants has become increasingly important as more and more juvenile cases are being tried in adult criminal court rather than family or juvenile court. Intellectual disability and child maltreatment are overrepresented among juvenile delinquents, and juveniles (particularly disabled juveniles) are at heightened risk for falsely confessing to crimes. In two mock trial experiments, we examined the effects of disability, abuse history, and confession evidence on jurors’ perceptions of a juvenile defendant across several different crime scenarios. Abused juveniles were treated more leniently than nonabused juveniles only when the juvenile’s crime was motivated by self-defense against …

2007-2008 Survey Of Juvenile Law, Michael J. Dale

Faculty Scholarship

No abstract provided.

2009 Nevada Nonprofit’S Children Summit: Child Welfare, Juvenile Justice, And Youth Homelessness, The Nevada Institute For Children’S Research And Policy

Nevada Institute for Children's Research and Policy Reports

On April 14, 2009, approximately 175 individuals from public and private nonprofit agencies across Nevada came together with representatives from national organizations and federal agencies to attend the Nevada Nonprofit’s Children Summit hosted by Senator Harry Reid and co-sponsored by the Nevada Institute for Children’s Research and Policy and the Children’s Advocacy Alliance. Participants gained insight into federal initiatives and discussed practice and policy priorities in the areas of child welfare, juvenile justice and youth homelessness. This briefing presents the recommendations for federal policy proposed by the participants, both state and national, to improve programs and practices in Nevada around …

Child Custody Evaluations: Review Of The Literature And Annotated Bibliography, Barbara A. Babb, Gloria Danziger, Judith D. Moran, J. Mason Weeda, William A. Mack

All Faculty Scholarship

This review of custody evaluation literature encompasses a number of perspectives gleaned from the following: practitioners who perform the evaluations; the professional organizations that recognize the necessity to establish performance standards for practitioners; and the judges who depend on the findings and recommendations in the evaluations to assist with difficult custody decisions.

General agreement exists among practitioners about the components of a comprehensive evaluation (interviews of adults responsible for child care, interviews of children and their preferences, life histories, observations, psychological testing, document review, and collateral source data), though little consensus exists about the details of performance concerning a given …

Foreword - A Dedication To Barbara Bennett Woodhouse, Nancy E. Dowd

UF Law Faculty Publications

Families and family law are at the cutting edge of social policy. As we navigate through difficult times, we are reminded not only of the importance of families, but also of their vulnerability. The challenge for family law and policy is to remain responsive and relevant. This requires that we confront the realities of families, their needs and issues. We live in times of enormous diversity in family forms. That reality is frightening and worrisome to some, but reminds us that it is how families function, rather than what they look like, that is most important. Embracing function over form …

Incremental Independence: Conforming The Law To The Process Of Adolescence, Megan E. Hay

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Keeping Promises To Immigrant Youth, Theo S. Liebmann

Pace Law Review

No abstract provided.

An Examination Of The Combined Impact Of Exposure To Intimate Partner Violence And Child Abuse Or Neglect On Juvenile Delinquency, Tracie R. Johnson

Sociology & Criminal Justice Theses & Dissertations

The purpose of this research is to examine the relationship between children's exposure to intimate partner violence and child abuse or neglect on juvenile delinquency. Much of the research on this topic suggests that a disturbed home life can have a significant impact on delinquency among children. This study explores patterns of delinquency among a large group of children in the Seattle Washington area (n=877). Gender differences in violent and nonviolent delinquency are examined as well as the impact of witnessing intimate partner violence in the home is tested. Analyses reveal that gender, race, and exposure to intimate partner violence …

Supervised Visitation And Monitored Exchange: Review Of The Literature And Annotated Bibliography, Barbara A. Babb, Gloria Danziger, Judith D. Moran, William A. Mack

All Faculty Scholarship

Though courts increasingly rely on supervised visitation services in custody disputes and child welfare cases (Salem, Kulak, & Deutsch, 2007), a search of the literature produces few studies reporting empirically validated aspects of supervised visitation programs. The current literature about supervised visitation extensively documents the rationale for providing the service and contains numerous descriptions of provider programs (Birnbaum & Alaggia, 2006). The next generation of research must focus on long-term outcomes that demonstrate effectiveness of supervised visitation programs (Birnbaum & Alaggia, 2006).

This project involves a review of the literature concerning supervised visitation and child access services. The intent of …

Delinquent Or Distracted?: Attention Deficit Disorder And The Construction Of The Juvenile Offender, Rashmi Goel

Sturm College of Law: Faculty Scholarship

William and Billy, 1 two boys, each 13 years old, appear in juvenile court. Neither has any criminal history. Both are doing poorly in school. Both have been cited for truancy in the past. Both are appearing on assault charges arising out of schoolyard fights. If we could peer into their brains, we would find that both have the same brain chemistry, characteristic of Attention Deficit Hyperactivity Disorder (ADHD). 2 In the end, the court finds one delinquent, and the other merely distracted. The court finds one in need of confinement, and the other in need of care. Two different …

Unintended Consequences: The Primacy Of Public Trust In Vaccination, Jason L. Schwartz

Michigan Law Review First Impressions

The increasing availability of personal belief exemptions from state vaccination requirements is a growing concern among proponents of vaccination. Holding parents of non-vaccinated children liable to those they infect is among the responses proposed to maintain high vaccination rates. Even if motivated by a sincere desire to maximize the benefits of vaccination throughout society, such a step would be inadvisable, further entrenching opponents of vaccination and adding to the atmosphere of confusion and unnecessary alarm that has become increasingly common among parents of children for whom vaccination is recommended.

Challenging Personal Belief Immunization Exemptions: Considering Legal Responses, Alexandra Stewart

Michigan Law Review First Impressions

Public health agencies and citizens should employ legal approaches to hold parents accountable for refusing to vaccinate their children. The judiciary would craft an effective response to defeat the threat posed by these parents. Public-nuisance law may offer a legal mechanism to hold vaccine objectors liable for their actions.

Death By Incarceration As A Cruel And Unusual Punishment When Applied To Juveniles: Extending Roper To Life Without Parole, Our Other Death Penalty, Robert Johnson, Sonia Tabriz

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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 …

Average Teenager Or Sex Offender? Solutions To The Legal Dilemma Caused By Sexting, 26 J. Marshall J. Computer & Info. L. 431 (2009), Shannon Shafron-Perez

UIC John Marshall Journal of Information Technology & Privacy Law

The Comment broadly considers the failure of the law to adapt to developments in technology and communication, untangles the different approaches taken by a sample of states, and considers which legal remedy is most appropriate. This discussion primarily focuses on the criminal aspects of: (1) minors who voluntarily create and disseminate nude text messages of themselves; and (2) minors who receive nude photographs of other minors. Part II traces the development of sexting. Part III describes the history and rationale behind prohibiting child pornography. In Part IV, the article examines the application of child pornography laws to sexting cases in …