Resentencing Juveniles: States’ Implementation Of Miller And Montgomery Through Resentencing Hearings, 53 Uic J. Marshall L. Rev. 311 (2020),
2020
UIC School of Law
Resentencing Juveniles: States’ Implementation Of Miller And Montgomery Through Resentencing Hearings, 53 Uic J. Marshall L. Rev. 311 (2020), Emily Komp
UIC Law Review
No abstract provided.
Conversations On The Warren Court's Impact On Criminal Justice: In Re Gault At 50,
2020
The Catholic University of America, Columbus School of Law
Conversations On The Warren Court's Impact On Criminal Justice: In Re Gault At 50, Cara H. Drinan
Scholarly Articles
This Article examines the Supreme Court’s landmark In re Gault decision of 1967, in which the Supreme Court ushered in the “due process era” of juvenile justice in America by determining that juveniles were entitled to the right to counsel and other procedural safeguards during delinquency proceedings. But this Article continues with a critical focus on the impact of the decision today, examining a dichotomy between what was declared a “revolution in children’s rights,” and how youth in the criminal justice system still have not seen the extent of constitutional protections declared necessary by Gault. Arguing that Gault …
A Dangerous Inheritance: A Child’S Digital Identity,
2020
Seattle University School of Law
A Dangerous Inheritance: A Child’S Digital Identity, Kate Hamming
Seattle University Law Review
This Comment begins with one family’s story of its experience with social media that many others can relate to in today’s ever-growing world of technology and the Internet. Technology has made it possible for a person’s online presence to grow exponentially through continuous sharing by other Internet users. This ability to communicate and share information amongst family, friends, and strangers all over the world, while beneficial in some regard, comes with its privacy downfalls. The risks to privacy are elevated when children’s information is being revealed, which often stems from a child’s own parents conduct online. Parents all over the …
In Memory Of Professor James E. Bond,
2020
Seattle University School of Law
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography,
2020
Seattle University School of Law
The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago
Seattle University Law Review
As technology evolves, new outlets for interpersonal conflict and crime evolve with it. The law is notorious for its inability to keep pace with this evolution. This Comment focuses on one area that the law urgently needs to regulate—the dissemination of “revenge porn,” otherwise known as nonconsensual pornography. Currently, no federal law exists in the U.S. that criminalizes the dissemination of nonconsensual pornography. Most U.S. states have criminalized the offense, but with vastly different degrees of severity, resulting in legal inconsistencies and jurisdictional conflicts. This Comment proposes a federal solution to the dissemination of nonconsensual pornography that carefully balances the …
Juvenile Life Without Parole In North Carolina,
2020
Duke Law School
Juvenile Life Without Parole In North Carolina, Ben Finholt, Brandon L. Garrett, Karima Modjadidi, Kristen M. Renberg
Faculty Scholarship
Life without parole (LWOP) is “an especially harsh punishment for a juvenile,” as the U.S. Supreme Court noted in Graham v. Florida. The United States is the only country in the world that imposes juvenile life without parole (JLWOP) sentences. Many of these individuals were sentenced during a surge in LWOP sentencing in the 1990s. In the past decade, following several Supreme Court rulings eliminating mandatory sentences of LWOP for juvenile offenders, such sentencing has declined. This Article aims to empirically assess the rise and then the fall in JLWOP sentencing in a leading sentencing state, North Carolina, to better …
Policing The Schoolhouse,
2020
Duke Law School
Policing The Schoolhouse, Brandon L. Garrett
Faculty Scholarship
No abstract provided.
Why Use A Hammer When A Scalpel Will Do? Suggestions For Fairer Juvenile Plea Bargaining In Kentucky,
2020
University of Kentucky
Why Use A Hammer When A Scalpel Will Do? Suggestions For Fairer Juvenile Plea Bargaining In Kentucky, Aaron Wallace Meek
Kentucky Law Journal
No abstract provided.
Mandatory, Fast, And Fair: Case Outcomes And Procedural Justice In A Family Drug Court,
2020
University of Nebraska-Lincoln
Mandatory, Fast, And Fair: Case Outcomes And Procedural Justice In A Family Drug Court, Melanie Fessinger, Katherine Hazen, Jamie Bahm, Jennie Cole-Mossman, Roger Heideman, Eve Brank
Center on Children, Families, and the Law: Faculty Publications
Objectives: Problem-solving courts are traditionally voluntary in nature to promote procedural justice and to advance therapeutic jurisprudence. The Family Treatment Drug Court (FTDC) in Lancaster County, Nebraska, is a mandatory dependency court for families with allegations of child abuse or neglect related to substance use. We conducted a program evaluation examining parents’ case outcomes and perceptions of procedural justice to examine whether a mandatory problem-solving court could replicate the positive outcomes of problem-solving courts. Methods: We employed a quasi-experimental design that compared FTDC parents to traditional dependency court parents (control parents). We examined court records to gather court orders, compliance …
Invisible Article Iii Delinquency: History, Mystery, And Concerns About "Federal Juvenile Courts",
2020
University of the District of Columbia
Invisible Article Iii Delinquency: History, Mystery, And Concerns About "Federal Juvenile Courts", Mae C. Quinn, Levi T. Bradford
Journal Articles
This essay is the second in a two-part series focused on our nation’s invisible juvenile justice system—one that operates under the legal radar as part of the U.S. Constitution’s Article III federal district court system. The first publication, Article III Adultification of Kids: History, Mystery, and Troubling Implications of Federal Youth Transfers, examined the little-known practice of prosecuting children as adults in federal courts. This paper will look at the related phenomenon of juvenile delinquency matters that are filed and pursued in our nation’s federal court system. To date, most scholarship evaluating youth prosecution has focused on our country’s juvenile …
The Law And Policy Of Child Maltreatment,
2020
University of Michigan Law School
The Law And Policy Of Child Maltreatment, Frank Vandervort
Book Chapters
Each year in the United States some four million children are reported to child protective services and hundreds of thousands of children are confirmed victims of maltreatment. This chapter provides a brief overview of the civil and criminal law’s response to child abuse and neglect. It summarizes the major federal statutes that provide funding to the states to support both civil and criminal law responses to maltreatment. It discusses the division of responsible for responding to child maltreatment between the federal and state governments (federalism). It also provides a summary of the constitutional framework for handling both civil and criminal …
A Class Action Lawsuit For The Right To A Minimum Education In Detroit,
2020
Northwestern Pritzker School of Law
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
Northwestern Journal of Law & Social Policy
No abstract provided.
Making A Reasonable Calculation: A Strategic Amendment To The Idea,
2020
University of Michigan Law School
Making A Reasonable Calculation: A Strategic Amendment To The Idea, Hetali M. Lodaya
University of Michigan Journal of Law Reform
The Individuals with Disabilities Education Act (IDEA) lays out a powerful set of protections and procedural safeguards for students with disabilities in public schools. Nevertheless, there is a persistent debate as to how far schools must go to fulfill their mandate under the IDEA. The Supreme Court recently addressed this question with its decision in Endrew F. v. Douglas Cty. School District Re-1, holding that an educational program for a student with a disability must be “reasonably calculated” to enable a child’s progress in light of their circumstances. Currently, the Act’s statutory language mandates Individual Education Program (IEP) teams …
Eighteen Is Not A Magic Number: Why The Eighth Amendment Requires Protection For Youth Aged Eighteen To Twenty-Five,
2020
University of Michigan Law School
Eighteen Is Not A Magic Number: Why The Eighth Amendment Requires Protection For Youth Aged Eighteen To Twenty-Five, Tirza A. Mullin
University of Michigan Journal of Law Reform
The Eighth Amendment protects a criminal defendant’s right to be free from cruel and unusual punishment. This Note argues that any punishment of eighteen- to twenty-five-year-olds is cruel and unusual without considering their youthfulness at every stage of the criminal process, and that it is unconstitutional under the Eighth Amendment for these youths to be automatically treated as fully-developed adults. This Note will explore in depth how juveniles differ from adults, both socially and scientifically, and how the criminal justice system fails every youth aged eighteen- to twenty-five by subjecting them to criminal, rather than juvenile, court without considering their …
Bending The Arc Toward Justice: The Current Era Of Juvenile Justice Reform In Georgia,
2020
Emory Law School
Bending The Arc Toward Justice: The Current Era Of Juvenile Justice Reform In Georgia, Melissa D. Carter
Georgia Law Review
America’s juvenile justice system is experiencing another era of reform. The formal juvenile justice system originated from the ideology and methods of social reformers who viewed deviant behavior as a treatable condition and sought redemption of criminal youth. In the first era of reform, that view powered the state’s exercise of its parens patriae authority and produced a paternalistic judiciary and institutions that used custody as a means of achieving social control. Over time, changing political and social views of childhood and a growing recognition in the law of children as rights-holders shifted the system’s focus away from the rehabilitative …
Probation And Monetary Sanctions In Georgia: Evidence From A Multi-Method Study,
2020
University of Georgia
Probation And Monetary Sanctions In Georgia: Evidence From A Multi-Method Study, Sarah Shannon
Georgia Law Review
Georgia leads the nation in probation supervision, which has been the subject of recent legislative reforms. Probation supervision is the primary mechanism for monitoring and collecting legal financial obligations (LFOs) from people sentenced in Georgia courts. This Article analyzes how monetary sanctions and probation supervision intersect in Georgia using quantitative data from the Department of Community Supervision as well as interviews with probationers and probation officers gathered as part of the Multi-State Study of Monetary Sanctions between 2015 and 2018. Several key findings emerge: (1) there is substantial variation between judicial districts in the amount of fines and fees ordered …
Boots And Bail On The Ground: Assessing The Implementation Of Misdemeanor Bail Reforms In Georgia,
2020
American Civil Liberties Union
Boots And Bail On The Ground: Assessing The Implementation Of Misdemeanor Bail Reforms In Georgia, Andrea Woods, Sandra G. Mayson, Lauren Sudeall, Guthrie Armstrong, Anthony Potts
Georgia Law Review
This Article presents a mixed-methods study of misdemeanor bail practice across Georgia in the wake of reform. We observed bail hearings and interviewed system actors in a representative sample of fifty-five counties to assess the extent to which pretrial practice conforms to legal standards clarified in Senate Bill 407 and Walker v. Calhoun. We also analyzed jail population data published by county jails and by the Georgia Department of Community Affairs. We found that a handful of counties have made promising headway in adhering to law and best practices, but that the majority have some distance to go. Most counties …
Child Welfare And Covid-19: An Unexpected Opportunity For Systemic Change,
2020
Columbia Law School
Child Welfare And Covid-19: An Unexpected Opportunity For Systemic Change, Jane M. Spinak
Faculty Scholarship
The COVID-19 pandemic has already wrecked greater havoc in poor neighborhoods of color, where pre-existing conditions exacerbate the disease’s spread. Crowded housing and homelessness, less access to health care and insurance, and underlying health conditions are all factors that worsen the chances of remaining healthy.Workers desperate for income continue to work without sufficient protective measures, moving in and out of these neighborhoods, putting themselves and their families at risk. During periods of greater disruption, tensions are heightened and violence more prevalent. Already some experts are warning of an onslaught of child maltreatment cases, citing earlier examples of spikes in foster …
Children’S Equality Rights: Every Child’S Right To Develop To Their Full Capacity,
2020
University of Florida Levin College of Law
Children’S Equality Rights: Every Child’S Right To Develop To Their Full Capacity, Nancy E. Dowd
UF Law Faculty Publications
Children are born equal. Yet as early as eighteen months, hierarchies emerge among children. These hierarchies are not random but fall into patterns by race, gender and class. They are not caused nor voluntarily chosen by children or their parents. The hierarchies grow, persist, and are made worse by systems and policies created by the state, perpetuating the position of the privileged and continuing the disadvantage of the subordinated. Children’s equal right to develop to their capacity is severely undermined by policies and structures that hamper and block the development of some by creating barriers and challenges or failing to …
