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Juvenile Law Commons

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Articles 2731 - 2760 of 3286

Full-Text Articles in Juvenile Law

The Peculiar Place Of Adolescents In The Hiv-Aids Epidemic: Unusual Progress & Usual Inadequacies In "Adolescent Jurisprudence", Roger J.R. Levesque Jan 1996

The Peculiar Place Of Adolescents In The Hiv-Aids Epidemic: Unusual Progress & Usual Inadequacies In "Adolescent Jurisprudence", Roger J.R. Levesque

Loyola University Chicago Law Journal

No abstract provided.


Therapists' Liability To The Falsely Accused For Inducing Illusory Memories Of Childhood Sexual Abuse: Current Remedies And A Proposed Statute, Joel J. Finer Jan 1996

Therapists' Liability To The Falsely Accused For Inducing Illusory Memories Of Childhood Sexual Abuse: Current Remedies And A Proposed Statute, Joel J. Finer

Law Faculty Articles and Essays

No issue in law and psychiatry has engendered such controversy as the current debate over whether experiences of childhood sexual abuse (CSA) are subject to repression for decades and eventually "recoverable" in therapy long after the event. One principal legal issue has been whether such "recovery" justifies the application of the "recent discovery" basis for tolling the statute of limitations, an issue which becomes significant when an adult psychotherapy patient sues her ostensible molester (often her father or other family member).


God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred Jan 1996

God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred

Scholarly Works

In this Article, I argue that poor parents who are willing, but economically unable, to provide proper care for their children are entitled to some minimum level of state assistance grounded in the constitutional right to family integrity. The right to family integrity, when coupled with the state's power as parens patride, creates an affirmative obligation on the state to provide income assistance to impoverished families when necessary to protect the welfare of the children and maintain the family intact.


Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer Jan 1996

Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer

University of Richmond Law Review

On March 9, 1991, Shawn Paul Novak was charged with the murder of two young boys, Daniel Grier, age nine, and Christopher Weaver, age seven. The boys had disappeared on March 4 and their bodies were found the next day after an extensive search. The police inquiry into the murders led to the questioning of a number of people, including Shawn, then age sixteen. Shawn was questioned on four separate occasions. At no time prior to, during, or after any of these questioning sessions was Shawn read his Mirandawarnings which specify the rights to which he was entitled under the …


Juvenile Justice Gone Awry: Expulsion Statutes Unjustly Deny Educational Rights To Students, Anthony H. Mansfield Jan 1996

Juvenile Justice Gone Awry: Expulsion Statutes Unjustly Deny Educational Rights To Students, Anthony H. Mansfield

City University of New York Law Review

No abstract provided.


University Of Richmond Law Review Jan 1996

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr. Jan 1996

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

University of Richmond Law Review

The past year has been exceptionally important for children and young people caught up in the legal system, both nationally and in Virginia. Beginning with the decision of the Supreme Court of the United States in Vernonia School District v. Acton in June of 1995, the ensuing year has seen major shifts in the administration of juvenile justice, and in Virginia's approach to abused and neglected children. The passage of major juvenile justice reform legislation and child abuse legislation in Virginia at the 1996 General Assembly session exemplifies these changes occurring in both the society's and the legal system's approaches …


A Decade Of International Legal Reform Regarding Child Abuse Investigation And Litigation: Steps Toward A Child Witness Code, John E.B. Myers Jan 1996

A Decade Of International Legal Reform Regarding Child Abuse Investigation And Litigation: Steps Toward A Child Witness Code, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.


Psychological Research On Children As Witnesses: Practical Implications For Forensic Interviews And Courtroom Testimony, John E.B. Myers, Karen J. Saywitz, Gail S. Goodman Jan 1996

Psychological Research On Children As Witnesses: Practical Implications For Forensic Interviews And Courtroom Testimony, John E.B. Myers, Karen J. Saywitz, Gail S. Goodman

McGeorge School of Law Scholarly Articles

No abstract provided.


The Role Of Firearms In Violence "Scripts": The Dynamics Of Gun Events Among Adolescent Males, Deanna L. Wilkinson, Jeffrey Fagan Jan 1996

The Role Of Firearms In Violence "Scripts": The Dynamics Of Gun Events Among Adolescent Males, Deanna L. Wilkinson, Jeffrey Fagan

Faculty Scholarship

In recent years, the use and deadly consequences of gun violence among adolescents has reached epidemic proportions. At a time when national homicide rates are declining, the increasing rates of firearm deaths among teenagers is especially alarming. Deaths of adolescents due to firearm injuries are disproportionately concentrated among nonwhites, and especially among African-American teenagers and young adults. Only in times of civil war have there been higher within-group homicide rates in the United States. There appears to be a process of self-annihilation among male African-American teens in inner cities that is unprecedented in American history. Unfortunately, few studies have examined …


Preventive Detention And The Judicial Prediction Of Dangerousness For Juveniles: A Natural Experiment, Jeffery Fagan, Martin Guggenheim Jan 1996

Preventive Detention And The Judicial Prediction Of Dangerousness For Juveniles: A Natural Experiment, Jeffery Fagan, Martin Guggenheim

Faculty Scholarship

Since 1970, legislatures have increasingly relied on preventive detention – detention before trial ordered solely to prevent an accused from committing crime during the pretrial period – as an instrument of social control. Prior to this period, detention before trial was usually ordered only to assure an accused's presence at trial or to ensure the integrity of the trial process by preventing an accused from tampering with witnesses. Today, the majority of states and the federal system have changed their laws to allow judges to detain arrestees who pose a risk to society if released during the pretrial period. Half …


Evidence—Former Testimony Exception To The Hearsay Rule Poses Unexpected Hazards To Parents Who Testify In Juvenile Court Probable Cause Hearings. Hamblen V. State, 44 Ark. App. 43 (1993)., Joel P. Landreneau Oct 1995

Evidence—Former Testimony Exception To The Hearsay Rule Poses Unexpected Hazards To Parents Who Testify In Juvenile Court Probable Cause Hearings. Hamblen V. State, 44 Ark. App. 43 (1993)., Joel P. Landreneau

University of Arkansas at Little Rock Law Review

No abstract provided.


Race And National Origin As Influential Factors In Juvenile Detention, Arthur L. Burnett Sr. Sep 1995

Race And National Origin As Influential Factors In Juvenile Detention, Arthur L. Burnett Sr.

University of the District of Columbia Law Review

The focus of this Article, however, is on the more pervasive problem of overzealous police officers acting on less than probable cause or even less than reasonable articulable suspicion. Police officers may frequently act on hunches or suspicions with the attitude that their actions will not be questioned, especially when the victim is a minor and may not be savvy enough to know his or her legal rights. Officers may believe they can act with impunity because of the combination of socio-economic conditions in public housing areas and in other low-income housing areas, or where there are a substantial number …


Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie Sep 1995

Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie

University of the District of Columbia Law Review

Judges sitting on the Superior Court of the District of Columbia routinely order children into secure detention who require no more restrictive confinement than that provided by shelter care. Despite a statutory presumption against detention, and a superior court rule that prohibits substituting secure detention for shelter care,' the District inappropriately places children into secure detention simply because there is a lack of bed space in youth shelter houses. The deprivation of liberty that occurs when a juvenile is placed in secure detention rather than shelter care is required neither for the protection of the community nor for the welfare …


Systemic Critique And Transformation, Edward J. Loughran, Donna Wulkan, Jerome G. Miller Ph.D. Sep 1995

Systemic Critique And Transformation, Edward J. Loughran, Donna Wulkan, Jerome G. Miller Ph.D.

University of the District of Columbia Law Review

No abstract provided.


Children With Disabilities In Detention: Legal Strategies To Secure Release, Mary G. Hynes Sep 1995

Children With Disabilities In Detention: Legal Strategies To Secure Release, Mary G. Hynes

University of the District of Columbia Law Review

No abstract provided.


Understanding The Overrepresentation Of Youths With Disabilities In Juvenile Detention, Peter E. Leone Phd., Barbara A. Zaremba, Michelle S. Chapin, Curt Iseli Sep 1995

Understanding The Overrepresentation Of Youths With Disabilities In Juvenile Detention, Peter E. Leone Phd., Barbara A. Zaremba, Michelle S. Chapin, Curt Iseli

University of the District of Columbia Law Review

Youths with disabling conditions are grossly overrepresented among those detained and confined in juvenile correction systems. Some of the behavior of youths with disabling conditions can be misinterpreted as dangerousness and/or as posing a risk of flight prior to a dispositional hearing. The cognitive and language abilities of some youths may contribute to their poor presentation to juvenile court intake workers and others within the juvenile justice system. This Article briefly profiles four youths with disabling conditions detained at the District of Columbia's Oak Hill Juvenile Detention Center, and discusses how behavior associated with disabling conditions (i.e., learning disabilities, emotional …


Reactions And Solutions, Sheryl Brissett-Chapman Phd., Joyce Burrell, George W. Mitchell Sep 1995

Reactions And Solutions, Sheryl Brissett-Chapman Phd., Joyce Burrell, George W. Mitchell

University of the District of Columbia Law Review

No abstract provided.


The Role Of The Probation Officer In Intake: Stories From Before, During, And After The Delinquency Initial Hearing, Joseph B. Tulman Sep 1995

The Role Of The Probation Officer In Intake: Stories From Before, During, And After The Delinquency Initial Hearing, Joseph B. Tulman

University of the District of Columbia Law Review

The juvenile probation intake officer stands at the threshold of the delinquency system, ideally positioned to attach to a child the label "bad," "sad," "mad," or "can't add"-or no label at all.' By attaching the delinquency system label of "bad," the probation intake officer determines who makes it into the delinquency system and, in a real sense, who "doesn't make it." The central hypothesis of this Article is that a carefully crafted role exists in the law for the juvenile probation office and that intake probation officers do not properly understand and execute their role before, during, and after initial …


Appendix A: Participants, University Of The District Of Columbia Law Review Sep 1995

Appendix A: Participants, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.


Appendix D: Key Juvenile Detention Attribute By State, University Of The District Of Columbia Law Review Sep 1995

Appendix D: Key Juvenile Detention Attribute By State, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.


Juvenile Detention To "Protect" Children From Neglect, Margaret Beyer Phd. Sep 1995

Juvenile Detention To "Protect" Children From Neglect, Margaret Beyer Phd.

University of the District of Columbia Law Review

The primary purpose of juvenile detention is to protect the community from dangerous young people while they wait for their cases to be heard in court.' From a developmental perspective, juvenile detention should occur less frequently than adult detention because juveniles need to be with family members and are perhaps more vulnerable to emotional harm from incarceration than adults. Recognized risks of detention include exposing naive, previously victimized youth to larger, older juveniles with delinquency histories. Other risks include interference with the juvenile's relationship with family and attendance in school.


Appendix B: February-March, 1995 Court Monitoring Report, University Of The District Of Columbia Law Review Sep 1995

Appendix B: February-March, 1995 Court Monitoring Report, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.


Appendix C: Juvenile Detention Statute And Rule, University Of The District Of Columbia Law Review Sep 1995

Appendix C: Juvenile Detention Statute And Rule, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.


Pre-Initial Hearing Detention: Are The Police Department And Social Services Intake Following The Law?, Henry A. Escoto Sep 1995

Pre-Initial Hearing Detention: Are The Police Department And Social Services Intake Following The Law?, Henry A. Escoto

University of the District of Columbia Law Review

No abstract provided.


Juvenile Detention Law In The District Of Columbia: A Practitioner's Guide, Milton Lee, John Copacino, Paul Holland Sep 1995

Juvenile Detention Law In The District Of Columbia: A Practitioner's Guide, Milton Lee, John Copacino, Paul Holland

University of the District of Columbia Law Review

No abstract provided.


Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant Sep 1995

Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant

University of the District of Columbia Law Review

This Note examines the appropriate evidentiary standard for pretrial detention decisions in Juvenile Court in the District of Columbia. Currently, there is no authority mandating the standard of proof that is to be applied to the pretrial detention of juveniles. To ensure that all juveniles receive the same protections, one evidentiary standard must be applied at all pretrial detention hearings. Based upon adult and juvenile pretrial detention statutes, the case law construing those statutes, and the standard courts employ in adult civil commitment procedures, the appropriate standard is the "clear and convincing evidence" standard of proof. In order to afford …


The Right Of Children In The Juvenile Justice System To Inclusion In The Federally Mandated Child Welfare Services System, Jeanne Asherman-Jusino Sep 1995

The Right Of Children In The Juvenile Justice System To Inclusion In The Federally Mandated Child Welfare Services System, Jeanne Asherman-Jusino

University of the District of Columbia Law Review

The District of Columbia has one of the highest juvenile detention rates and the longest juvenile detention stays of any jurisdiction in the country.' Almost half of the children in Oak Hill, the District's secure juvenile detention facility, have no record of violent or serious offenses. 2 The District's large scale use of detention has increased, rather than decreased, crime. By placing young children charged with minor offenses, such as shoplifting, in daily contact with habitual violent juvenile offenders, Oak Hill serves as a training school for criminal behavior.3


The Power Of Contempt And Child Support Issues For Family Lawyers, Oregon Law Institute, Bette G. Yada, Diane Pietrzak, Deborah Wilson, John A. Ellis, Elizabeth Welch, Gregory B. Soriano, Mark A. Johnson Jun 1995

The Power Of Contempt And Child Support Issues For Family Lawyers, Oregon Law Institute, Bette G. Yada, Diane Pietrzak, Deborah Wilson, John A. Ellis, Elizabeth Welch, Gregory B. Soriano, Mark A. Johnson

Oregon Law Institute, 1995

Course Materials from the June 2, 1995 Program in Portland


Parents And The State: Joining Forces To Report Incest And Support Its Victims, Lynne Olman Lourim May 1995

Parents And The State: Joining Forces To Report Incest And Support Its Victims, Lynne Olman Lourim

University of Michigan Journal of Law Reform

As many as 60,000 to 100,000 children each year become victims of child sexual abuse in this country, according to some estimates. These children typically suffer long-lasting effects of the abuse. This Note, in focusing on (step)father-daughter incest, looks at the predominance of males as perpetrators, daughters as victims, and mothers as non-abusers. The Note examines the dynamics within incestuous families and the characteristics common to each member in these families. It particularly considers the position of mothers in these families, who often are subservient to and financially dependent on the incest perpetrator. This Note then discusses how these mothers' …