Juvenile Law Commons^™

Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law

West Virginia Law Review

No abstract provided.

The Public Right Of Access To Juvenile Delinquency Hearings, Michigan Law Review

Michigan Law Review

Despite the differences between the criminal and juvenile court systems, the Supreme Court has extended many criminal procedural safeguards to juvenile delinquency hearings. The Court does not, however, "automatically and preemptorily" apply every procedural safeguard to juvenile hearings; rather, it carefully examines the criminal trial standard in the context of delinquency hearings. Adopting a similar approach, this Note considers the implications of a constitutional right of access to juvenile delinquency hearings. Part I examines the right of access announced in Globe Newspaper and Richmond Newspapers v. Virginia. Part II looks at the juvenile justice system and argues that extension …

Juveniles, Catherine Munster

West Virginia Law Review

No abstract provided.

Who Speaks For The Child: The Problems Of Proxy Consent, Michigan Law Review

Michigan Law Review

A Review of Who Speaks for the Child: The Problems of Proxy Consent edited by Willard Gaylin and Ruth Macklin

Illegitimacy: An Examination Of Bastardy, Michigan Law Review

Michigan Law Review

A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman

The Learning Years: A Review Of The Changing Legal World Of Adolescence, Bruce C. Hafen

Michigan Law Review

A Review of The Changing Legal World of Adolescence by Franklin E. Zimring

In Re Polovchak: Guidelines For The Grant Of Asylum To A Minor, Cheryl A. Blackburn

Cleveland State Law Review

The Polovchak controversy recently accentuated the absence of clear guidelines applicable to the grant of asylum to a minor. This Note will commence with an exploration of the competing interests which would be affected by the grant of asylum to a minor, including the parents' interest, the minor's interest, and the interest of the state. An analysis of the historical and current federal asylum procedure will follow. After examining In re Polovchak, this Note will recommend that a revision of the current asylum process is necessary to protect individual interests from arbitrary and unjustified decisions. Such a revision would establish …

The Coming Curtailment Of Compulsory Child Support, David L. Chambers

Articles

Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support from …

Meet The New Juvenile And Domestic Relations District Court, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.

Punishment And Juvenile Justice: A Conceptual Framework For Assessing Constitutional Rights Of Youthful Offenders, Martin R. Gardner

Vanderbilt Law Review

This Article attempts to provide an analytical framework for identifying the punitive aspects of the juvenile justice system. The Article proposes a framework that is extrapolated from Supreme Court cases which define punishment in contexts outside the juvenile area. Several commentators have criticized the Court's definitional efforts, some because of perceived inadequacies in the developed definitions, others because of the belief that the very enterprise of defining constitutional rights in terms of the presence or absence of punishment is misguided . Although many of these criticisms of the Court's record are understandable, the alleged defects are less detrimental to an …

Juveniles' Waiver Of Rights: Legal And Psychological Competence, Michigan Law Review

Michigan Law Review

A Review of Juveniles' Waiver of Rights: Legal and Psychological Competence by Thomas Grisso

Delinquent Measures, David Seidman

Michigan Law Review

A Review of Measuring Delinquency by Michael J. Hindelang, Travis Hirsch, and Joseph G. Weis

Standard Of Proof In Proceedings To Terminate Parental Rights, Dean Michael Rooney

Cleveland State Law Review

This Note advocates the use of the beyond-a-reasonable-doubt standard of proof in proceedings to terminate parental rights permanently. The Note will commence with background considerations such as the authority of the state to terminate parental rights, the rights of the parties involved in a termination proceeding and a discussion of standards of proof. Consideration will also be given to the factors which should have an impact on the standard of proof in permanent termination proceedings. These factors include: the vagueness of termination statutes, the fundamental right of family integrity, the broad discretionary powers of the courts involved, the need for …

Special Problems Of Custody For Unaccompanied Refugee Children In The United States, Ellen J. Durkee

Michigan Journal of International Law

Part I of this note provides an overview of federal legislation regarding admissions of unaccompanied refugee children. Part II describes various obstacles to a smooth transition from the child's admission into the United States to his or her placement by a state court with a permanent legal custodian who ensures that the child receives care and supervision. Problems in this area frequently result from uncertainties regarding long-term financial responsibility for the child. Also common are procedural difficulties in introducing unaccompanied refugee children into state child welfare systems. Part III then focuses on conflicts arising after the child's placement, when the …

Meet The New Juvenile And Domestic Relations District Court, Ingrid Michelsen Hillinger

University of Richmond Law Review

Without trumpet or even modest fanfare, the 1981 Virginia General Assembly passed two new subsections to Title 16.1 of the Code of Virginia, amending the jurisdiction of the juvenile and domestic relations district courts (hereinafter cited as J & DR). Despite their uncontroversial passage, they portend significant changes for the J & DR court and the circuit court as well, and have generated surprise and bewilderment among the J & DR court judges. This article explores the meaning of the amendments and their longterm implications.

Life And Death Decisions In The Nursery: Standards And Criteria For Withholding Lifesaving Treatment From Infants, Steven R. Smith

Faculty Scholarship

That the conduct of human affairs does not always conform to the requirements of the law is a surprise to no one. But in few areas of critical life and death decisions is there such a disparity between commonly recognized principles of law and developing medical practice as exists in the area of withholding lifesaving medical care from infants, notably defective infants. The law is said to restrict physicians and parents from withholding lifesaving treatment from infants for the purpose of causing their deaths. Yet it is reported that it is not uncommon for lifesaving treatment to be denied severely …

Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway

University of Michigan Journal of Law Reform

This Note argues that the incest victim should not testify personally at trial. Rather, the child's testimony should be replaced with tape-recorded pretrial examinations of the victim by an expert, supplemented by the in-court testimony of the examining expert. Part I discusses how the present system of requiring in-court testimony by the victim harms the child, fails to correct the incest problem, and produces unreliable evidence. Part II outlines and discusses the merits of the proposed reform. Part ill examines the proposed reform in light of the defendant's constitutional rights to due process and to confront witnesses against him. The …

Social Commentary: Values And Legal Personhood, Jeffrey A. Parness

West Virginia Law Review

No abstract provided.

The Right To Treatment For Juveniles In Texas: A Legislative Proposal., Mark H. Marshall

St. Mary's Law Journal

Studies of adult prison populations show large percentages of such populations are juvenile offenders. The right to treatment concept emerged as a solution to this perplexing problem. The right to treatment guarantees juveniles post-adjudicative care and treatment aimed at rehabilitation. Courts have indicated a willingness to support the right to treatment concept. However, legislatures limit courts power to affect change. To fully implement the right to treatment, legislatures must establish an express right to treatment for institutionalized juveniles and set standards to ensure this right. The Texas Legislature has an excellent start toward this goal, but it should not be …

Custodial Interrogation Of Juveniles In The United States And Florida, Christopher K. Vogel

Florida State University Law Review

No abstract provided.

Constitutional Law - Fourteenth Amendment - Right To Privacy - Contraceptives - Minors, Wendy T. Weil

Duquesne Law Review

The United States Court of Appeals for the Sixth Circuit has held that a state-funded family planning center's distribution of contraceptives to minors without parental notice does not violate the parents' constitutional rights.

Doe v. Irwin, 615 F.2d 1162 (6th Cir.), cert. denied, 449 U.S. 829 (1980).

The Child's Right To Parental Consortium, 14 J. Marshall L. Rev. 341 (1981), Robert J. Cooney, Kevin J. Conway

UIC Law Review

No abstract provided.

The Juvenile Offender Act: Effectiveness And Impact On The New York Juvenile Justice System, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The Juvenile Offender Act of 1978 incorporates the most radical and perhaps the most controversial amendments to New York's juvenile delinquency statutes in several decades. For the first time since 1909, children accused of committing serious offenses are subject to prosecution in the criminal courts. The gradual decriminalization of delinquency, which began a century and a half ago, has been reversed. This report analyzes and evaluates the Act and its implementation. The first two sections summarize the historical development of juvenile delinquency legislation and compare present New York provisions to those in other states. Sections III and IV will evaluate …

An Invitation To The Dance: An Empirical Response To Chief Justice Warren Burger’S ‘Time-Consuming Procedural Minuets’ Theory In Parham V. J.R., Michael L. Perlin

Articles & Chapters

No abstract provided.

The State's Interest In Adoption And Washington's Sealed Records Statute, Eileen M. Lawrence

Seattle University Law Review

After discussing the legal effect of the adoption decree and the purpose of Washington's adoption statute, this comment will analyze the competing interests of the adoptee, the biological parents, the adoptive parents, and the state. This article will also discuss the legislative proposal in Washington attempting to abolish the good cause requirement. Finally, this article concludes the sealed records requirement is constitutionally sound and despite the need for further legislative articulation, the good cause balancing approach is the most suitable method for protecting the conflicting rights and interests inherent in the adoption process.

Kentucky Law Survey: Juvenile Code, Kathleen D. Patterson

Kentucky Law Journal

No abstract provided.

The Psychotherapist-Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey

Law Faculty Publications

In any child placement decision, the predominant consideration is the welfare of the child. Accordingly, the most widely used test in determining child custody is clearly the "best interests of the child" standard. Despite its relatively old vintage, the standard continues to represent a nebulous concept that courts have rarely been able to define with precision. Because of its open-ended nature, the best interests of the child standard makes relevant a wide range of evidence pertaining to the fitness of the parents and the environment in which the child will be raised. it is in determining these facts that child …

Some Observations On The Link Between Learning Disabilities And Juvenile Delinquency, William D. Rich, Joel Zimmerman, Ingo Keilitz, Paul K. Broder

Akron Law Faculty Publications

In order to test the hypothesis that learning disabilities are related to juvenile delinquency, a sample of 1,005 public school and 687 adjudicated juvenile delinquent youths (ages 12 to 17) reported about delinquent behaviors in which they had engaged. The youths' educational records were screened, and, if the presence of learning disabilities could not be discounted, the children were given a series of tests. Every child was classified as either learning disabled or not. The results indicated that proportionately more adjudicated delinquent children than public school children were learning disabled. Self-report data, however, showed no differences in delinquent behaviors engaged …

Juvenile Court Practice And Procedure, Glen W. Clark

Mercer Law Review

The most significant change in the Georgia juvenile justice system made by the 1980 general assembly is that effected by Senate Bill 489 which adds a new chapter, 24A-23A, to the Juvenile Court Code. This legislation establishes a new category of offenses called designated felony acts, and sets up a special schedule of dispositions to go with it. Because of their importance, the provisions of the new chapter will be set forth in some detail before discussing their impact.

Criminal Procedure–Juvenile Confessions In Arkansas, Ann Kristen Kilgore

University of Arkansas at Little Rock Law Review

No abstract provided.