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Articles 2641 - 2670 of 3286

Full-Text Articles in Juvenile Law

Domestic Violence And Children: Analysis And Recommendations, Lois A. Weithorn, Lucy S. Carter, Richard E. Behrman Jan 1999

Domestic Violence And Children: Analysis And Recommendations, Lois A. Weithorn, Lucy S. Carter, Richard E. Behrman

Faculty Scholarship

No abstract provided.

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Childhood Abuse And Adult Murder: Implications For The Death Penalty, Phyllis L. Crocker Jan 1999

Childhood Abuse And Adult Murder: Implications For The Death Penalty, Phyllis L. Crocker

Law Faculty Articles and Essays

A jury that convicts a defendant of capital murder must then decide whether that defendant deserves a life sentence or death. Mitigating evidence is crucial to the defense at this stage because such evidence may provide the jury with a basis for imposing a life sentence. In this article, Professor Crocker argues that evidence that a defendant was abused as a child is paradigmatic mitigating evidence. A detailed presentation of the defendant's childhood experience and a cogent explanation of its long-term repercussions will enable the jury to understand why the defendant committed the crime, perhaps allowing the jury to sympathize …

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A Current Look At Ohio's Juvenile Justice System On The 100th Anniversary Of The Juvenile Court, Scott C. Zarzycki Jan 1999

A Current Look At Ohio's Juvenile Justice System On The 100th Anniversary Of The Juvenile Court, Scott C. Zarzycki

Cleveland State Law Review

This Note takes a closer look at the problems associated with transferring juveniles to adult court by focusing on Ohio's juvenile transfer statute. Part II begins with an analysis of the history of the juvenile court, including its establishment and evolution throughout time. It also includes an analysis of how the common interpretation of the original approach to juvenile crime has created an overly narrow view of how to deal with the problem today. Part III examines the latest crime statistics that reveal a significant drop in juvenile crime. This section also explores various alternative explanations for the apparent rise …

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When Equal Opportunity Meets Freedom Of Expression: Student-On-Student Sexual Harassment And The First Amendment In School, Kay P. Kindred Jan 1999

When Equal Opportunity Meets Freedom Of Expression: Student-On-Student Sexual Harassment And The First Amendment In School, Kay P. Kindred

Scholarly Works

Sexual harassment can take a variety of forms. It can be verbal, nonverbal or physical. Often it takes the form of hateful and harassing speech. In the AAUW Survey, 76% of the girls and 56 % of the boys surveyed had been the target of sexual comments, jokes, gestures or looks. Even when the harassment includes physical contact of some nature, it is typically accompanied or preceded by verbal harassment. While school officials and parents look for solutions to these problems, courts are struggling with the questions as well. In recent years, the problem of student-on-student sexual harassment has found …

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Book Review, David S. Tanenhaus Jan 1999

Book Review, David S. Tanenhaus

Scholarly Works

In his engaging The Supreme Court and Juvenile Justice, political scientist Christopher P. Manfredi argues that Americans in the 1990s are still feeling the powerful and unintended consequences of a trilogy of Supreme Court decisions, Kent v. United States (1966), In re Gault (1967), and In re Winship (1970). In Gault, the most famous of these cases, Justice Abe Fortas announced that it was time for the “constitutional domestication” of the nation’s juvenile courts and began this process by extending limited due process protection to offenders during adjudicatory hearings. Fortas believed that these protections would shield juveniles from unlimited …

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Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr. Jan 1999

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

The Virginia General Assembly once again acted in a very restrained fashion in addressing juvenile justice issues in the lengthening wake after the extensive statutory changes in 1994 and 1996. The newly enacted juvenile competency statute is an important innovation contained in the new article 18 oftitle 16.1 of the Virginia Code, and a study by the Virginia Bar Association on the applicability of the insanity defense in juvenile delinquency proceedings will further address the implications of mental health problems for children in trouble. One major issue in the delinquency area that arose during the past year involved the necessity …

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University Of Richmond Law Review Jan 1999

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

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Domestic Violence, Substance Abuse And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast Jan 1999

Domestic Violence, Substance Abuse And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast

All Faculty Scholarship

This Article begins by exploring and documenting the connections between domestic violence, substance abuse, and child abuse. Part II of the Article examines the legal system's response to child protection cases in which maternal abuse and, in some cases, substance abuse are present. This section begins by describing the shifting theories underlying child welfare in this country. It then contrasts these theories with child welfare practice by reporting the results of a study of eighty-five Child in Need of Assistance (CINA) cases in four jurisdictions in Maryland. Although the study examines a limited sample, the cases examined confirm the strong …

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Treating Kids Right, Christopher Slobogin Jan 1999

Treating Kids Right, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The concept of amenability to treatment is, in theory, at the core of juvenile delinquency jurisprudence. From its inception as an entity separate from the adult criminal court, the juvenile court was meant to focus on the rehabilitative potential of children. On this premise, the central inquiry in a juvenile delinquency proceeding should be whether the child found delinquent is amenable to treatment. Disposition should depend upon the rehabilitative potential and needs of the juvenile, and only if no treatment is available in the juvenile system should transfer to adult court be considered. In practice, amenability to treatment may never …

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Counseling Counsel For Children, Martin Guggenheim Jan 1999

Counseling Counsel For Children, Martin Guggenheim

Michigan Law Review

You are a lawyer working in juvenile court, representing children in proceedings in which their parents are accused of being unfit. Your clients range in age from newborns to seventeen-yearolds. At any one time you have 125 active cases on your docket. You work hard at your job, and you believe deeply in the rights of the children you represent. Occasionally, it occurs to you that you don't really have as good a sense as perhaps you should of your precise role and how you ought to discharge your responsibilities to your clients. But you don't ever seem to have …

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Do The Adult Crime, Do The Adult Time: Due Process And Cruel And Unusual Implications For A 13-Year-Old Sex Offender Sentenced To Life Imprisonment In State V. Green, Paul G. Morrissey Jan 1999

Do The Adult Crime, Do The Adult Time: Due Process And Cruel And Unusual Implications For A 13-Year-Old Sex Offender Sentenced To Life Imprisonment In State V. Green, Paul G. Morrissey

Villanova Law Review (1956 - )

No abstract provided.

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Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy Jan 1999

Rules, Responsibility And Commitment To Children: The New Language Of Morality In Family Law, Jane C. Murphy

All Faculty Scholarship

Part One of this Article explores the meaning of morality by briefly reviewing a variety of attempts to explore the meaning of moral conduct. This Section draws on a variety of contemporary moral philosophers who have built on the classical tradition to develop a broader definition of moral behavior. This discussion provides a context for the current debate about the meaning of morality in family law and moral discourse in the no-fault era. Part One also reviews the historical debate about how law should strike a balance between promoting communitarian values and respecting autonomy and individual rights. The Article argues …

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Foreword, Elizabeth S. Scott Jan 1999

Foreword, Elizabeth S. Scott

Faculty Scholarship

In November 1998, the interdisciplinary Center for Children, families and the Law at the University of Virginia sponsored a conference on Youth Violence and Juvenile Justice Reform. The conference brought together an extraordinary group of experts from the academic disciplines of law, criminology and psychology. Before an audience made up of researchers, students, policymakers, and practitioners in the field of juvenile justice, these experts analyzed legal policy toward juvenile crime from a variety of disciplinary and methodological perspectives. The articles in this important symposium issue of the Virginia Journal of Social Policy & the Law are based on the papers …

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A Child's Right To Physical Integrity, Suellyn Scarnecchia Jan 1999

A Child's Right To Physical Integrity, Suellyn Scarnecchia

Articles

As we wring our hands over increasing reports of severe child abuse and how violent many of our children have become, it might be time to reassess policies that give parents and others the license to use even the most mild forms of violence against our children.

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Context And Culpability In Adolescent Crime, Jeffrey A. Fagan Jan 1999

Context And Culpability In Adolescent Crime, Jeffrey A. Fagan

Faculty Scholarship

This Essay merges the perspectives of context and decision-making to assess the role of contextual factors in the unfolding of violent events by adolescents. The framework for decision-making assumes that context is a dynamic rather than a static feature of the cognitive landscape. Decisions by adolescents to engage in crime or violence are shaped through interactions with features of their environments, are contingent on responses emanating from that context, and are filtered through the unique lens of adolescence. Rather than assuming discrete and independent components in a decision framework, this Essay assumes that decisions are the product of interactions across …

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Punishment Or Treatment For Adolescent Offenders: Therapeutic Integrity And The Paradoxical Effects Of Punishment, Jeffrey A. Fagan Jan 1999

Punishment Or Treatment For Adolescent Offenders: Therapeutic Integrity And The Paradoxical Effects Of Punishment, Jeffrey A. Fagan

Faculty Scholarship

Throughout much of its history, the American juvenile court maintained a goal of rehabilitation of the individual, and placed custody and punishment as secondary or ancillary goals in the pursuit of "remaking the child's character and lifestyle." To its founders, the development of a separate juvenile court reflected a fundamental distinction between sanctions based on characteristics of the offender, and punishment based on the offense. Juvenile court dispositions were designed to determine why the child was in court, and what could be done to avoid future appearances. Judge Julian Mack's classic statement of the original theory of the juvenile court …

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Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky Dec 1998

Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky

University of Michigan Journal of Law Reform

This article proceeds from the simple premise that hitting children hurts them-even when the hitting does not rise to the level of child abuse as traditionally conceived. There is convincing evidence that corporal punishment is a hidden cruelty in child rearing that has serious adverse consequences for its victims and society at large. Yet forty-nine states permit parental corporal punishment of children and approximately half of the states permit such punishment in elementary and secondary schools The main purpose of this Article is to question the advisability of continuing the legalized status of corporal punishment of children in the United …

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The Effects Of Social Skills Training And Reciprocal Social Skills Training With Parent/Guardian(S) On Behavior And Recidivism Of First Time Adjuncted Youth, Kathleen A. Bailey Dec 1998

The Effects Of Social Skills Training And Reciprocal Social Skills Training With Parent/Guardian(S) On Behavior And Recidivism Of First Time Adjuncted Youth, Kathleen A. Bailey

Dissertations

This research investigates the effect of social skills training on 46 first-time adjudicated males, ages 13 through 15 and placed on traditional probation. The independent variable was the type of group. Three types of groups were conducted: Group I (youth who received social skills training with their parents or guardians), Group II (youth who received social skills training without parents’ or guardians’ participation), and Group III (a control group of youth who did not receive social skills training). The dependent variable was the Jesness Inventory scales and subscales scores, and the type of offenses (status, misdemeanor, and felony). The research …

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Proportionality And Punishment: Imposing Life Without Parole On Juveniles, Wayne A. Logan Oct 1998

Proportionality And Punishment: Imposing Life Without Parole On Juveniles, Wayne A. Logan

Scholarly Publications

The Eighth Amendment provides that “no cruel and unusual punishment shall be inflicted.” The Supreme Court has interpreted to this to mean a punishment cannot be “grossly disproportionate” to the crime. In this article, the author addresses whether an offender's age should play a role in assessing whether a sentence is “grossly disproportionate.” Specifically, the author addresses the increasingly common practice of imposing life without parole on offenders who are under sixteen years of age at the time they committed their offense, and whether such offenders’ youthful status should play a role in proportionality analysis. The article first provides an …

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First, Do No Harm: The Use Of Covert Video Surveillance To Detect Munchausen Syndrome By Proxy- An Unethical Means Of "Preventing" Child Abuse, Michael T. Flannery Oct 1998

First, Do No Harm: The Use Of Covert Video Surveillance To Detect Munchausen Syndrome By Proxy- An Unethical Means Of "Preventing" Child Abuse, Michael T. Flannery

University of Michigan Journal of Law Reform

Since it was first identified in 1977, Munchausen Syndrome by Proxy has uniquely affected the way in which the medical and legal communities deal with the issue of child abuse. Inherent in the medical response to the disease are issues of suspicion, investigation, identification, confrontation, and, of course, the health of an innocent child. Given the deceptive dynamics of the disease, however, denial and disbelief naturally overshadow every action taken by medical professionals in pursuing these issues. Fortunately, as medical knowledge about the dynamics of the disease continues to develop, medical professionals become more willing and better able to identify …

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Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer Sep 1998

Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer

Buffalo Public Interest Law Journal

No abstract provided.

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Juvenile Delinquency Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Juvenile Delinquency Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

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Factors Contributing To Juvenile Violence In Indian Communities, Larry Echohawk May 1998

Factors Contributing To Juvenile Violence In Indian Communities, Larry Echohawk

Brigham Young University Journal of Public Law

No abstract provided.

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Blood Ties: A Rationale For Child Visitation By Legal Strangers, John Dewitt Gregory Mar 1998

Blood Ties: A Rationale For Child Visitation By Legal Strangers, John Dewitt Gregory

Washington and Lee Law Review

No abstract provided.

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Ethical Issues In The Legal Representation Of Children In Illinois: Roles, Rules And Reforms, Diane Geraghty Jan 1998

Ethical Issues In The Legal Representation Of Children In Illinois: Roles, Rules And Reforms, Diane Geraghty

Loyola University Chicago Law Journal

No abstract provided.

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Due Process, Supreme Court, Genesee County: Daniel S. V. Dowling Jan 1998

Due Process, Supreme Court, Genesee County: Daniel S. V. Dowling

Touro Law Review

No abstract provided.

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Reconsidering The Need For Counsel For Children In Custody, Visitation And Child Protection Proceedings, Martin Guggenheim Jan 1998

Reconsidering The Need For Counsel For Children In Custody, Visitation And Child Protection Proceedings, Martin Guggenheim

Loyola University Chicago Law Journal

No abstract provided.

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Ties That Bind ?: Children's Attorneys, Children's Agency, And The Dilemma Of Parental Affiliation, William A. Kell Jan 1998

Ties That Bind ?: Children's Attorneys, Children's Agency, And The Dilemma Of Parental Affiliation, William A. Kell

Loyola University Chicago Law Journal

No abstract provided.

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Child Soldiers: An Analysis Of The Violations Of The Rights Of The Child, Rajeev Purohit Jan 1998

Child Soldiers: An Analysis Of The Violations Of The Rights Of The Child, Rajeev Purohit

Human Rights Brief

No abstract provided.

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Extended Jurisdiction Juvenile Prosecution: A New Approach To The Problem Of Juvenile Delinquency In Illinois, 31 J. Marshall L. Rev. 1351 (1998), Mary E. Spring Jan 1998

Extended Jurisdiction Juvenile Prosecution: A New Approach To The Problem Of Juvenile Delinquency In Illinois, 31 J. Marshall L. Rev. 1351 (1998), Mary E. Spring

UIC Law Review

No abstract provided.

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