Juvenile Law Commons^™

Clark Memorandum: Spring/Summer 1987, J. Reuben Clark Law School, J. Reuben Clark Law Society

The Clark Memorandum

• Going Dutch (Kira P. Davis)
• Abandoning Children to Their Rights (Bruce C. Hafen)

The Uniform Transfers To Minors Act—New And Improved, But Shortcomings Still Exist, Thomas E. Allison

University of Arkansas at Little Rock Law Review

No abstract provided.

Videotaping Children's Testimony: An Empirical View, Paula E. Hill, Samuel M. Hill

Michigan Law Review

Increases in the number of reported incidents of child abuse and sexual molestation have resulted in more and younger children becoming courtroom participants. Some courts refuse to consider the special needs of the child in this adversarial environment. Relying on questionable precedent, these courts hold that the defendant's right to directly confront the child, as well as strict compliance with evidentiary rules, overrides that child's interest in freedom from embarrassment or psychological trauma. This Note focuses on pressures felt by the testifying child and the ways in which these pressures affect her testimony; it then proposes using videotaped testimony as …

The Use Of Computers In The Sexual Exploitation Of Children And Child Pornography, 7 Computer L.J. 383 (1987), Patricia N. Chock

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Notice To Minors Under The Illinois Juvenile Court Act: An Anomaly Of Due Process, 36 Depaul L. Rev. 343 (1987), Susan L. Brody

UIC Law Open Access Faculty Scholarship

No abstract provided.

Child Sexual Abuse Cases: Reestablishing The Balance Within The Adversary System, Mary Christine Hutton

University of Michigan Journal of Law Reform

This Article begins with an overview of the adversary process and how it has changed in recent years to respond to the needs of children. The Article highlights two of the goals of the adversary process-(!) testing and probing of two sides to a story, and (2) refraining from a decision until the complete story is told-to examine how they can be retained in spite of these changes. Part II pinpoints the assignment of multiple or poorly-defined roles to the child sexual abuse professionals as one of the potential impediments to preserving the goals of the adversarial system. The performance …

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

University of Richmond Law Review

The most notable development this past year in the area of juvenile delinquency and noncriminal misbehavior was the passage by the Virginia General Assembly of legislation modifying the state's response to status offenses committed by children. Ever since the adoption of the revised juvenile code in 1977 there have been efforts at practically every session of the Assembly to modify the provisions which prohibit the commitment of status offenders to secure institutions, but the efforts were not successful. However, the 1987 bill met with little resistance in the legislature. The 1987 legislation, effective July 1, 1988, does two very significant …

Representation Of Children In Child Abuse And Neglect Cases: An Empirical Look At What Constitutes Effective Representation, Donald N. Duquette, Sarah H. Ramsey

University of Michigan Journal of Law Reform

This Article describes the purposes and design of our empirical study and analyzes the study's findings. Part I presents a case study of the representation of a child by a volunteer in a way that exhibits the role definition and training of the demonstration groups. Parts II and III discuss who should represent children and how those child advocates should be trained. Part IV discusses the design of the study. Part V presents an analysis of the study's findings. Finally, Part VI considers the policy implications of the study and concludes that the demonstration groups improved the quality of representation …

Child Welfare Decisionmaking: In Search Of The Least Drastic Alternative, Marsha Garrison

Faculty Scholarship

No abstract provided.

The Child Witness: Techniques For Direct Examination, Cross-Examination, And Impeachment, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.

The Abuses Of Social Science: A Response To Fineman And Opie., David L. Chambers

Articles

Martha Fineman and Anne Opie have written an article on the misuses of social science research by those who are recommending policies for the placement of children after divorce.' The subject is important. When Professor Fineman told me that she and Opie were using an article I wrote about child custody2 as an example of some of the problems they discussed, I anticipated a useful exchange on the subject. Having read their article, I have decided against an exchange on the merits of the larger issues they raise. I have so decided because their article, which refers extensively to my …

Contributions Of Victimization To Delinquency In Inner Cities, Jeffery Fagan, Elizabeth S. Piper, Yu-Teh Cheng

Faculty Scholarship

The relationship between victimization and criminality has been widely cited in recent years. Early thinking and public perceptions about crime intuitively presumed that criminals were distinct from their victims. Crime control policies resulted which promoted the physical separation of victims from predatory offenders through "target hardening" and "defensible space." Such distinctions, however, ignored the empirical evidence on the considerable overlap between offender and victim profiles and distorted the reality of events in which persons are labelled as victims or victimizers based only on the consequences of the event. Given the homogeneous relation between victim and offender, theories of crime that …

The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore

Indiana Law Journal

No abstract provided.

Lawyers And Children: Wisdom And Legitimacy In Family Policy, Carl E. Schneider

Michigan Law Review

A Review of In the Interest of Children: Advocacy, Law Reform, and Public Policy by Robert H. Mnookin, Robert A. Burt, David L. Chambers, Michael S. Wald, Stephen D. Sugarman, Franklin E. Zimring, and Rayman L. Solomon

Computers: The Link To Missing Children, 7 Computer L.J. 73 (1986), Michelle M. Fujimoto

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Juvenile Law, Catherine Ryan, Lisa Gordon

Loyola University Chicago Law Journal

No abstract provided.

Zbaraz V. Hartigan: Mandatory Twenty-Four Hour Waiting Period After Parental Notification Unconstitutionally Burdens A Minor's Abortion Decision, 19 J. Marshall L. Rev. 1071 (1986), Debra A. Harvey

UIC Law Review

No abstract provided.

Tortious Interference With Visitation Rights: A New And Important Remedy For Non-Custodial Parents, 20 J. Marshall L. Rev. 307 (1986), Lawrence A. Goldman

UIC Law Review

No abstract provided.

The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer

Seattle University Law Review

This Comment analyzes the significance of the principles animating the constitutional privilege against self-incrimination by first looking at the purposes of Washington’s Juvenile Justice Act; second, by examining the status of the privilege against self-incrimination during sentencing; and third, by applying the values protected by the privilege to the use of predisposition psychological evaluations in Washington juvenile courts.

Court-Ordered Foster Family Care Reform: A Case Study, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

The authors examine the implications of G. L. v. Zumwalt, a case that resulted in a far-reaching consent decree that mandates specific reforms in policy and practice to be implemented by a public social welfare agency in its delivery of services to foster children and their families.

Parents, Psychologists And Child Custody Disputes: Protecting The Privilege And The Children, Marjorie F. Knowles, Caroline Chunn Mccarthy

Faculty Publications By Year

No abstract provided.

Casenotes: Criminal Procedure — Juveniles — State Law Authorizing Pretrial Detention Of Juveniles Upon A Finding Of Risk Of Future Criminal Behavior Upheld As Valid Under The Due Process Clause. Schall V. Martin, 104 S. Ct. 2403 (1984), Kim Detrick

University of Baltimore Law Review

No abstract provided.

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

University of Richmond Law Review

After unusual activity at both the federal and state levels in the previous year, this past year was a relatively uneventful one where the law of juvenile delinquency was concerned. The historic jail removal legislation enacted at the 1985 session of the Virginia General Assembly became fully effective on July 1, 1986. The provisions of this legislation severely limit the use of an adult jail for juvenile detention purposes and completely ban the dispositional use of such a facility for juveniles.

The Eighth Amendment And Capital Punishment Of Juveniles, Victor L. Streib

Cleveland State Law Review

The practice of imposing the death penalty for crimes committed while under the age of eighteen has occurred sporadically but persistently throughout American history. It gives every indication of continuing in this mode under current law and practice. Greatly differing approaches are followed by the various states as to the authorization and imposition of capital punishment for juveniles. This article explores the existence of a constitutionally-mandated minimum age below which the states may not venture in carrying out this practice. If such a nationwide minimum age exists or should exist, its justification can be found in current interpretations of the …

Disabled Newborns And The Federal Child Abuse Amendments: Tenuous Protection, Steven R. Smith

Faculty Scholarship

This Article first explores the scope of the problem of withholding lifesaving treatment from seriously impaired infants. Next, the Article examines the interests involved in decisions to withhold treatment and the rationales for them. It contends that there are limitations on parental child-rearing rights and suggests standards to define when treatment may be withheld. The Article then reviews recent efforts to protect disabled newborns and points out a shift in the focus of these efforts toward a reliance on child abuse and neglect laws. Next, the Article surveys the development of federal and state child abuse and neglect statutes. The …

Corrections In Crisis : Report Of The Governor's Blue Ribbon Commission On Corrections, Maine Governor's Blue Ribbon Commission On Corrections

Maine Collection

Corrections In Crisis : Report of the Governor's Blue Ribbon Commission on Corrections.

Augusta, Me., The Commission, December 1985

"This Commission was funded through the 1984 Appropriations Act, P.L. 1983, Ch. 824, Pt. A."

Contents: Preamble / Summary of Recommendations / Community Corrections Recommendations / Sentencing Recommendations / Correctional Management Recommendations / Selected Legislative Issues / Conclusion

Juvenile Delinquency In Saudi Arabia, Yousef Ahmed Alromaih

Dissertations and Theses

The present study involved an examination of the delinquency problem in Saudi Arabia within the framework of social control theory. Specifically, the study was based on the thesis set forth by Travis Hirschi, i.e., that delinquent acts result when an individual's bond to society is weak or broken. Also taken into account, however, were the findings from the research of Wiatrowski, et al. that suggest a need for a) some modifications in Hirschi's conceptual framework and b) inclusion of socio-economic factors in the social control model.

An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth

Michigan Law Review

This Note attempts to resolve the arguments presented in the literature and the case law and determine whether the federal Constitution mandates a right to treatment for involuntarily incarcerated juveniles. Part I examines the varied situations that have given rise to right to treatment claims. Part II elucidates the three principal theories on which right to treatment claims have been based: (1) that because the purpose of incarcerating juveniles is to promote their welfare, rehabilitation is mandated by the due process requirement that the nature of the commitment "bear some reasonable relation to the purpose for which the individual is …

House Of Judah: The Problem Of Child Abuse And Neglect In Communes And Cults, Gregory M. Gochanour

University of Michigan Journal of Law Reform

This Note argues that although some modifications were appropriate, state intervention and removal of children, even from a commune or cult, should be handled through examination of each individual parent/child relationship. Part I examines the statutory and case law framework for state intervention and removal of children from the custody of abusive parents in Michigan, and discusses the policies supporting these laws. Part II examines the circumstances present in the House of Judah and notes the state's departures from the statutes and rules. Part III analyzes and evaluates the usefulness and wisdom of these departures. Finally, Part IV briefly proposes …

Beyond State Intervention In The Family: For Baby Jane Doe, Martha Minow

University of Michigan Journal of Law Reform

Newspapers and broadcasters gave major billing to the story. Headlines announced: "The Life or Death Question of Baby Doe;" and "Baby Doe's Parents Call U.S. Action Intimidating." The medical care decisions about this infant born with spina bifida, microcephaly, and other severe disabilities, not only attracted mass media attention, but also led to both state and federal court proceedings. Legislative hearings raised the issue of her care. Many commentators debated what should happen to this infant of Long Island parents. This article instead will ask: what was all the attention about?; why are cases like this so riveting?; and might …