Social Welfare And Fairness In Juvenile Crime Regulation,
2010
Columbia Law School
Social Welfare And Fairness In Juvenile Crime Regulation, Elizabeth S. Scott, Laurence Steinberg
Faculty Scholarship
The question of how lawmakers should respond to developmental differences between adolescents and adults in formulating juvenile crime policy has been the subject of debate for a generation. A theme of the punitive law reforms that dismantled the traditional juvenile justice system in the 1980s and 1990s was that adolescents were not different from adults in any way that was relevant to criminal punishment – or at least that any differences were trumped by the demands of public safety. But this view has been challenged in recent years; scholars and courts have recognized that adolescents, due to their developmental immaturity, …
The Contradictions Of Juvenile Crime & Punishment,
2010
Columbia Law School
The Contradictions Of Juvenile Crime & Punishment, Jeffrey Fagan
Faculty Scholarship
This essay explores the contradictions and puzzles of modern juvenile justice, and illustrates the enduring power of the child-saving philosophy of the juvenile court in an era of punitiveness toward offenders both young and old. The exponential growth in incarceration in the U.S. since the 1970s has been more restrained for juveniles than adults, even in the face of a youth violence epidemic that lasted for nearly a decade. Rhetoric has grown harsher in the wake of moral panics about youth crime, juvenile codes now express the language of retribution and incapacitation, yet the growth in incarceration of juveniles was …
Reauthorizing Schip: Only A Starting Point,
2010
University at Buffalo School of Law
Reauthorizing Schip: Only A Starting Point, Pamela Newell
Journal Articles
No abstract provided.
The Disregarding Of The Rehabilitative Spirit Of Juvenile Codes: Addressing Resentencing Hearings In Blended Sentencing Schemes,
2010
University of Kentucky
The Disregarding Of The Rehabilitative Spirit Of Juvenile Codes: Addressing Resentencing Hearings In Blended Sentencing Schemes, Grace Shear
Kentucky Law Journal
No abstract provided.
Expert Testimony In Child Sexual Abuse Litigation: Consensus And Confusion,
2010
Pacific McGeorge School of Law
Expert Testimony In Child Sexual Abuse Litigation: Consensus And Confusion, John E.B. Myers
McGeorge School of Law Scholarly Articles
No abstract provided.
Filling The Due Process Donut Hole: Abuse And Neglect Cases Between Disposition And Permanency,
2010
Columbia Law School
Filling The Due Process Donut Hole: Abuse And Neglect Cases Between Disposition And Permanency, Joshua Gupta-Kagan
Faculty Scholarship
Abuse and neglect cases involve constantly changing facts. They “are unlike civil cases, which typically involve only facts gone by ... The ultimate parties in interest are the [children] themselves. And for them, their lives are ... ongoing event[s].” A child’s need to return to his parent may ebb or flow. His parent’s fitness may improve, regress, or remain the same. Federal law, followed in all states that wish to receive federal funds to support foster care, requires regular permanency hearings so family courts can make decisions based on evolving factual situations. These decisions, and the lack of greater procedural …
What Does Graham Mean In Michigan?,
2010
University of Michigan Law School
What Does Graham Mean In Michigan?, Kimberly A. Thomas
Articles
In Graham v. Florida, the United States Supreme Court held that life without parole could not be imposed on a juvenile offender for a nonhomicide crime.1 In this context, the Graham Court extensively discussed the diminished culpability of juvenile criminal defendants, as compared to adults. The Court relied on current scientific research regarding adolescent development and neuroscience. While the narrowest holding of Graham has little impact in Michigan, the science it relies on, and the potential broader implications for adolescents in Michigan, are significant.
Crow Dog Vs. Spotted Tail: Case Closed,
2010
Washtenaw County Circuit Court
Crow Dog Vs. Spotted Tail: Case Closed, Timothy Connors, Vivek Sankaran
Articles
In 1868, Chief Spotted Tail signed a United States government treaty with an X. Spotted Tail was a member of the Brule Sioux Tribe, related by marriage to Crazy Horse. The government treaty recognized the Black Hills as part of the Great Sioux reservation. As such, exclusive use of the Black Hills by the Sioux people was guaranteed. Monroe, Michigan, native Gen. George Custer changed all that. In 1874, he led an expedition into that protected land, announced the discovery of gold, and the rush of prospectors followed. Within two years, Custer attacked at Little Big Horn and met his …
A Hidden Crisis: The Need To Strengthen Representation Of Parents In Child Protective Proceedings,
2010
University of Michigan Law School
A Hidden Crisis: The Need To Strengthen Representation Of Parents In Child Protective Proceedings, Vivek Sankaran
Articles
A national consensus is emerging that zealous legal representation of parents is crucial in ensuring that the child welfare system produces just outcomes for children. National groups, inclucing the Pew Commission on Children in Foster Care, the American Bar Association Center on Children and the Law, and the National Association of Counsel for Children, have been outspoken on the need to strengthen legal advocacy on behalf of parents, and a number of states-including Colorado, Connecticut,' and Washington7 have initiated efforts to comprehensively reform their systems of appointing lawyers for indigent parents to better serve families. A national movement is afoot …
Defending Juveniles Facing Life Without Parole In Michigan,
2010
University of Michigan Law School
Defending Juveniles Facing Life Without Parole In Michigan, Kimberly A. Thomas
Articles
In Graham v. Florida, the United State Supreme Court held that life without parole could not be imposed on a juvenile offender for a non-homicide crime. This article discusses the challenges, under the Eighth Amendment and the Michigan Constitution, to the sentence of life without parole imposed on someone 17 years old or less.
