Juvenile Law Commons^™

Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn

Dickinson Law Review (2017-Present)

Evidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm’s-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in a piecemeal fashion. Yet, to date, there has been no comprehensive scholarly critique of evidence principles and practices for failing to meaningfully account for youth. And the evidentiary intersection of youth and race has been almost entirely overlooked in legal scholarship. This Article, in …

Disrupting The School-To-Prison Pipeline: The Development Of Strong, Stable Relationships, Mackiah Hoff

Senior Capstone Papers

The “school-to-prison pipeline” is a disturbing national trend where school policies and practices unjustly funnel children—namely children who are Black and Brown and/or have disabilities—into the Juvenile Justice system. Students of color are far more likely to be suspended, expelled, or arrested for the same kind of behavior as their white peers, and youth with disabilities are acutely affected by schools who ignore due process protections. Such students would benefit from extra supports and resources but instead face zero-tolerance policies, exclusionary discipline, and unreasonable difficulties with re-entry into school. The following research presents a review of current literature as it …

An Analysis Of Juvenile Gun Violence Mitigation In Columbia, South Carolina, Amelia Shook

Senior Theses

Over the past ten years, the United States has been impacted by the increasing frequency of homicides due to gun violence. Juvenile homicides via firearms are examined on a national, state, and county level by the Centers for Disease Control and Prevention (CDC) and analyzed to showcase adjusted age and years of potential life lost due to gun violence. Data obtained through a CDC database depicts the geographic areas being examined: United States, South Carolina, and Richland County. South Carolina will be singled out and examined individually as it ranks eighth highest in the United States for gun violence. Richland …

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy and Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.

Inadmissibility: Solving Questionable Consent To Juvenile Interrogations, Wilson Baer

Brooklyn Law Review

Around the country, juveniles are brought in by police officers for the purpose of interrogations. Juveniles have the same constitutionally mandated protections as adults do and so they are read the same Miranda rights as adults are (or alternatively a version tailored specifically for juveniles). However, it is generally understood that, due to ongoing brain development, juveniles merit increased protections relative to adults. Generally, the solution to the problem has been to add an advocate for the child in the interrogation room. Usually, states have accomplished this by mandating parent presence, and some have mandated attorney presence. While these individuals …

The Supreme Court Rolls Back The Clock For Juvenile Justice, Jack Lyons

GGU Law Review Blog

For decades, the Supreme Court has protected juveniles from harsh punishments, such as mandatory life without parole (LWOP), by acknowledging that children are different and must be sentenced accordingly. The developmental differences in children make it nearly impossible to determine that a child who commits a crime is beyond hope for rehabilitation. Jones v. Mississippi turned back the clock on juvenile justice by holding that sentencers need not find a child is “permanently incorrigible” before sentencing them to life without parole.

A Child’S Constitutional Right To Family Integrity And Counsel In Dependency Proceedings, Rachel Kennedy

Emory Law Journal

Since the child welfare system’s inception, abuse and neglect laws have conflated poverty-related neglect with active parental violence and willful neglect. The ensuing state surveillance has disproportionately harmed poor children and children of color. Pursuant to the state’s expansive parens patriae authority, countless families are investigated, and thousands of children are separated from their caretakers each year—only to be returned within days or weeks after a finding that the reasons for removal were unsubstantiated. Other children risk drifting in foster care limbo until they experience the termination of parental rights—an adjudication so severe that some courts call it the “civil …

Hollywood At Home: Applying Federal Child Labor Laws To Traditional And Modern Child Performers, Shannon Kate Mcgrath

Washington and Lee Journal of Civil Rights and Social Justice

In the past few years there has been a rise in online influencers who gain money and fame from their online content, and in many cases these influencers are children. Although this can be seen as a “job,” federal child labor laws exempt all child performers from protections. This means traditional child actors and children who create online content must rely on state laws regarding child labor. While some states have protections for child performers, several states have no such laws in place. In addition, the current protections are not available to children who take part in online content. Without …

Community Accountability, M. Eve Hanan, Lydia Nussbaum

Scholarly Works

This Essay takes a close look at how the idea of community accountability is used in current transformative and restorative justice efforts, situating the concept within the history of delegalization, or a collection of different efforts to reclaim conflict resolution and public safety from the state. In fact, these efforts to reclaim the authority and means of redressing harm from legal systems may track earlier efforts to reclaim dispute resolution from the state. In Part I, we situate both transformative and restorative justice movements in the history of delegalization while noting essential differences between the objectives of these two reform …

Due Process Junior: Competent (Enough) For The Court, Tigan Woolson

Journal of Law and Health

There are many reports presenting expert policy recommendations, and a substantial volume of research supporting them, that detail what should shape and guide statutes for juvenile competency to stand trial. Ohio has adopted provisions consistent with some of these recommendations, which is better protection than relying on case law and the adult statutes, as some states have done. However, the Ohio statute should be considered a work in progress.

Since appeals courts are unlikely to provide meaningful review for the substance of a juvenile competency determination, the need for procedures for ensuring that the determination is initially made in a …

J.E.F.M. V. Lynch: The Jurisdictional Exclusion Of Legal Representation For Immigrant Children, Kourtney Speer

Golden Gate University Law Review

The border crisis created a perfect storm in immigration courts, as children wind their way from border crossings to immigration proceedings. The storm has battered immigration courtrooms crowded with young defendants but lacking lawyers and judges to handle the sheer volume of cases.

Broken Promises: The Granite State’S Return To The Institutionalization Of Children With Disabilities, Elizabeth Trautz

The University of New Hampshire Law Review

In 1975, the New Hampshire legislature enacted a progressive statute which mandated the Department of Health and Human Services “to establish, maintain, implement and coordinate a comprehensive service delivery system for developmentally disabled persons.” This law was innovative for its time; it decreed that individual service plans (ISPs) be developed for every client in the state’s service delivery system, guaranteed “a right to adequate and humane habilitation and treatment[,]” and contemplated the state’s area agency system as we know it today. The statute was a steppingstone for the 1981 class action lawsuit of Garrity v. Gallen. This was one of …

Covid Aftermath: The Impact Of The Pandemic On Florida's Public School Students, Hannah Blount, Michael Figg, Autumn Finke, Christina Gilbert, Mackenzie O'Connell, Nyasia Minaya, Kylee Neeranjan, Alyssa Rodriguez

Gator TeamChild Juvenile Law Clinic

The goal of this White Paper is to provide an overview of the current and future impacts the COVID-19 pandemic (“COVID”) has left on Florida’s public school education system. Additionally, this White Paper review shows how public education institutions are still working to address the loss of instructional time and long-term consequences due to pandemic-related school disruptions.

The Law Of Disposable Children: Searches In Schools, Tonja Jacobi, Riley Clafton

UC Irvine Law Review

It’s the forgotten, discarded, disposable people. That’s so often who you find in jail—the forgotten.

—Rev. David Kelly, explaining why he devotes himself to working with children coming out of the juvenile detention system.

Many schools treat children as “disposable.”

—Francisco Arenas, Juvenile Probation Officer at Cook County Juvenile Probation.

Schoolchildren are being strip-searched based on little or no reasonable suspicion, and schoolchildren are being targeted for searches based on their race, disability status, gender, or homelessness. This is possible because the Supreme Court has issued only two opinions in its history about the right of schoolchildren to be free …

Understanding Racial Disparate Treatment Of Juvenile Interpersonal Violent Offenders In The Juvenile Justice System Using Focal Concerns Theory., Suzanne M. Overstreet

Electronic Theses and Dissertations

Disproportionate minority contact (DMC) is a salient issue that has been found at every stage of the decision-making process in the juvenile justice system (Hawkins & Kempf-Leonard, 2005; Kempf-Leonard, 2007; Bishop, 2005; Leiber, Bishop, & Chamlin, 2010; Leiber & Stairs, 1999). Existing research indicates that DMC influences adjudication for drug, property, and personal crimes (Fergusson, Horwood, & Swain-Campbell, 2003; Frazier, Bishop, & Henretta, 1992; Leiber & Jamieson, 1995; Leiber & Mack, 2003; Hawkins & Kempf-Leonard, 2005; Leiber, 2015). Because intimate partner violence (IPV) is a major public health problem and global concern (Djamba & Kimuna, 2008; Goo & Harlow, 2012; …

Maturity As A Condition Of Criminal Liability In Islamic Jurisprudence Under The Libyan And The Emirati Legislations, Mustafa Khaled Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Maturity is considered as one of the essential conditions for criminal liability; whether the crimes involve Taazer or Hudood or Quesas Crimes.

This study deals with the issue of how Libyan and the UAE Legislation treat with adulthood as a condition of criminal liability.

The research aims to achieve some of the most important goals:

To highlight the methodology of Islamic law to address the issue of maturity as a condition of criminal liability. In addition, this study attempted to assess the methodology of Libyan and Emirati legislators in determining their age of puberty and the extent of their compliance …

On Account Of Youth: Winning Asylum For Children, Linda Kelly

University of Cincinnati Law Review

No abstract provided.

The Impermissibility Of Police Deception In Juvenile Interrogations, Gina Kim

Fordham Law Review

Although perjury is a criminal offense in all states and a felony in many, law enforcement may routinely lie to suspects during interrogations. This widespread, judicially authorized practice consists of interrogators making false promises of leniency that the suspect will receive a lighter sentence in exchange for a confession, and making misrepresentations about the evidence against the suspect. Police deception in interrogations becomes even more problematic when used against juvenile suspects because the psychological vulnerability of minors may lead them to succumb to deceptive pressures and even to falsely confess.

This Note explores the debate surrounding the use of police …

Are Child Sex Offenders Truly Predators? Proposed Change To The Minnesota Legislature Requiring Mandatory Sex Offender Registration For Juveniles, Mackenzie Sedlack

University of St. Thomas Law Journal

No abstract provided.

How Muralists, Street Artists, And Graffiti Writers Can Protect Their Artworks, Enrico Bonadio

University of St. Thomas Law Journal

No abstract provided.