Juvenile Law Commons^™

"Sexual Motivation" After State V. Halstien: Still Hazy For His Teenage Peers, Robert E. Lipscomb

Washington Law Review

In State v. Halstien, the Washington Supreme Court upheld the constitutionality of a juvenile statute that provides for a charge of sexual motivation in offenses other than sex offenses. Such motivation, if proven, becomes an aggravating factor that a judge may consider (along with any mitigating factors) in sentencing. In rejecting the argument that the statute was void for vagueness, the court should have clarified the statute by requiring a finding that the defendant manifested a sexual disorder, as well as a finding that sexual motivation was a substantial factor in the offense.

Preserving The Purchasing Power Of Child Support Awards: Can The Use Of Escalator Clauses Be Justified After The Family Support Act?, Sarah K. Funke

Indiana Law Journal

No abstract provided.

A Comparative Study Of Black And White Girls' Delinquency, Kenya Larae Covington

Sociology & Criminal Justice Theses & Dissertations

In this research, I examined the similarities and differences between black and white female delinquents. A secondary analysis of the Survey of Youth in Custody, 1987 data was utilized to answer the following research questions: (1) What factors contribute to each group's delinquency the most? (2) Are the factors that contribute to black girls' delinquency significantly different from those factors that contribute to white girls' delinquency? The study was guided by previous research on race and female delinquency, girls' victimization, the role of the family and school performance. The independent variables victimization, family structure, family function and school performance were …

New Directions In Juvenile Justice: School-Based Crime Prevention, Paul F. Walsh Jr.

New England Journal of Public Policy

This article considers the role of the district attorney as a catalyst for aggressive school-based educational programs to help young people avoid trouble with the legal system. Walsh argues that while it may be unfair to burden classroom teachers with additional responsibilities concerning drug and alcohol issues, school is the logical site at which to provide these services and that a district attorney is well suited to act as a catalyst and resource for providing these additional services.

Divorce, Custody, Gender, And The Limits Of Law: On Dividing The Child, Lee E. Teitelbaum

Michigan Law Review

A Review of Dividing the Child: Social and Legal Dilemmas of Custody by Elanor E. Maccoby and Robert H. Mnookin

Who Is Advising Our Children?: Custodial Interrogation Of Juveniles In Florida, Elizabeth J. Maykut

Florida State University Law Review

No abstract provided.

Breaking The Silence: Tort Liability For Failing To Protect Children From Abuse, Mary Kate Kearney

Buffalo Law Review

No abstract provided.

Building Bridges: A Personal Reflection On Race, Crime, And The Juvenile Justice System, Fay Wilson Hobbs

Washington and Lee Law Review

No abstract provided.

The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes

Federal Communications Law Journal

The Children's Television Act of 1990 was created to reduce advertising during children's programming and increase the number of educational programs for children. But by 1993 media watchers found that violations were frequent, and that what was purported to be educational television was often little more than cartoons. This Note argues that the apparent failure of the Act stems primarily from its vague standards. To correct these problems, more explicit regulations are necessary. Because new regulations can only go so far before they invade broadcasters' First Amendment rights, broadcasters and the FCC will have to compromise to create a workable …

A Minority View Of Juvenile "Justice", Coramae Richey Mann

Washington and Lee Law Review

No abstract provided.

Black Identity And Child Placement: The Best Interests Of Black And Biracial Children, Kim Forde-Mazrui

Michigan Law Review

The purpose of this Note is to question whether racial matching by courts and child-placement agencies serves the best interests of Black children. The principle that guides this Note's analysis is that racial matching is justified only if such a policy better serves the interests of Black children than a policy in which race is not a factor in a child-placement determination. This Note also questions whether racial matching serves the interests of biracial children and those of Black people as a cultural group.

Ineffective Assistance Of Counsel: In Re Jeffrey V.

Touro Law Review

No abstract provided.

Multidisciplinary Representation Of Children: Conflicts Over Disclosures Of Client Communications, 27 J. Marshall L. Rev. 617 (1994), Gerard F. Glynn

UIC Law Review

No abstract provided.

Pc Peep Show: Computers, Privacy, And Child Pornography, 27 J. Marshall L. Rev. 989 (1994), John C. Scheller

UIC Law Review

No abstract provided.

Hostages In The ‘Hood, Robert A. Destro

Scholarly Articles

The goal of this essay is to sketch out an approach which attempts to highlight the multiplicity of interests necessarily included in, but not always identified in, debates over gang control policy. The intent is not so much to suggest a way in which to resolve these often competing interests (which would be impossible in any event), or even to attempt an exhaustive discussion of the most important ones. It is, rather, to suggest that a feel for context and a sense of proportion is or ought to be critical in all discussions of gang control policy.

The Tie That Binds: The Constitutional Right Of Children To Maintain Relationships With Parent-Like Individuals, Gilbert A. Holmes

Maryland Law Review

No abstract provided.

A Juvenile's Right Against Compelled Self-Incrimination At Predisposition Proceedings, Renée M. Willette

Washington Law Review

State courts have struggled to balance the tensions between the juvenile justice system and a juvenile's constitutional rights at post-adjudicatory predisposition proceedings. Washington courts do not provide a clear standard for protecting a juvenile's rights at these proceedings. This Comment examines the punitive nature of Washington's juvenile justice system and argues that the right against self-incrimination should attach at juvenile predisposition proceedings. It also argues that a grant of use and derivative use immunity at such proceedings provides optimal protection for juvenile rights because it safeguards a juvenile's rights while fostering the treatment component of the Juvenile Justice Act.

Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck

Cleveland State Law Review

This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …

Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck

Cleveland State Law Review

This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …

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

University of Richmond Law Review

The past year has been another significant year for children and the legal system with the completion of the Virginia Commission on Youth's Serious Juvenile Offender study and the enactment of comprehensive legislation intended to implement the recommendations of that study as the General Assembly continues to focus on juvenile delinquency and school behaviors. The Governor and General Assembly failed to agree on a funding scheme for the Family Court, created in 1993, which consequently postponed the date for the Family Court's implementation from January 1, 1995 until July 1, 1996. Also, the past year experienced a series of different …

An Analysis Of Realistic Due Process Rights Of Children Versus Parents, Raymond C. O'Brien

Scholarly Articles

The purpose of this Article is to analyze the Santosky presupposition and demonstrate why it is misdirected. In particular, the Article posits that the clear and convincing standard adopted by the Court deprives the child of his or her due process rights. The minimum standard should be reduced to at least one of preponderance of the evidence. Such a standard would recognize the so-called parental presumption, i.e. the historical preference given to parents, but give greater recognition to the rights of the child.

This Article examines the due process concerns of parent and child from both a legal and a …

Who Is Jessica's Mother? Defining Motherhood Through Reality, Suellyn Scarnecchia

Other Publications

The recent Baby Jessica case and others like it have renewed the nature versus nurture debate in family law. Baby Jessica's biological parents, the Schmidts, sought to obtain permanent custody of their daughter after giving her up for adoption to the DeBoer family. Their argument was one that found its basis in biology and the idea of a traditional family. On the other hand, with the assistance of Professor Scarnecchia, the DeBoers argued that it was more important forJessica's overall health to remain with her primary caretakers of two years. Courts, however, have taken a more traditional view of this …

War And P.E.A.C.E.: A Preliminary Report And A Model Statute On An Interdisciplinary Educational Program For Divorcing And Separating Parents, Andrew Schepard

University of Michigan Journal of Law Reform

This Article is a report on P.E.A.C.E. (Parent Education and Custody Effectiveness), an interdisciplinary attempt to create a parent education program in New York. P.E.A.C.E. is an educational program that provides information to parents on three topics: the legal process for determining custody and child support; the effects of divorce and separation on adults; and the effects of divorce and separation on children, and how parents can help children cope with this difficult transition. P.E.A.C.E. is education-nothing more. It is not mediation or therapy. Parents do not talk to each other directly during P.E.A.C.E. sessions and the program makes no …

The Adversarial And Mediation Processes: An Exploration Of Outcomes In Child Custody Disputes, Cheryl Barakey

Sociology & Criminal Justice Theses & Dissertations

In recent years, the Juvenile and Domestic Relations Courts have seen increases in child custody disputes. This increase has caused many jurisdictions to seek alternatives to the traditional adversarial process. Mediation has attracted the most attention. Several jurisdictions such as Norfolk, Virginia, the one used in this study, now refer parents to mediation before the court will hear the case.

Unlike previous studies where divorce mediation was researched with child custody being one of the factors, this study examines the differences in the outcomes of the mediation and litigation processes used to solve only child custody disputes. The outcomes examined …

Child Labor In America: An Historical Analysis, Caroline G. Trinkley

In the Public Interest

No abstract provided.

Reforming Welfare Through Social Security, Stephen D. Sugarman

University of Michigan Journal of Law Reform

In this Article, I first want to illustrate the connection between Social Security and AFDC-to explain the Social Security program and to demonstrate how it contributes to the welfare problem. More importantly, I then want to offer a reform proposal that builds on Social Security as a way to begin to eliminate AFDC and the current welfare problem. Simply put, I propose that Social Security should provide benefits to children with absent parents on the same basic terms on which it now provides benefits to children with deceased, disabled, or retired parents.

Designating Male Parents At Birth, Jeffrey A. Parness

University of Michigan Journal of Law Reform

In focusing on legal designations of male parentage as of the time of birth, this Essay first reviews the methods by which such designations currently are made. The difficulties raised by contemporary methods then will be explored, together with suggested reforms involving laws that could promote earlier, more complete, and more accurate designations of male parentage as of the time of a child's birth.

The Sexual Innocence Inference Theory As A Basis For The Admissibility Of A Child Molestation Victim's Prior Sexual Conduct, Christopher B. Reid

Michigan Law Review

The sexual innocence inference refers to the thought process a jury follows when it hears a young child testify about sexual acts and matters that reveal an understanding of such acts beyond the capacity likely at his or her age. A jury is likely to assume that because the child is so young, he or she must be innocent of sexual matters. Shocked by the child's display on the witness stand, the jury may then infer that the child could have acquired such knowledge only if the charged offense of child molestation is true. To rebut this inference, a defendant …

The Cause, Effect And Constitutional Consequence Of Unequal Funding: Public Education In Illinois, 26 J. Marshall L. Rev. 399 (1993), John F. Watson

UIC Law Review

No abstract provided.

Prostitution Is Cruelty And Abuse To Women And Children, Susan Kay Hunter

Michigan Journal of Gender & Law

Each day I rise to take up the truly good fight to stop the harm to women in prostitution. I long for complete liberation of all oppressed peoples. I passionately believe that the work I do to end prostitution is revolutionary. No one deserves to be used and abused, and that is the universal experience of prostituted women and children. It is also revolutionary work because my freedom as a woman is meaningless so long as some of us can be bought and sold. The giant sex industry grinds on, exploiting and enslaving women, while sexual liberals are well-paid by …