Juvenile Law Commons^™

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.

Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott

Faculty Scholarship

The law governing children is complex, sometimes appearing almost incoherent. The relatively simple framework established in the Progressive Era, in which parents had primary authority over children, subject to limited state oversight, has broken down over the past few decades. Lawmakers started granting children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, and legally incompetent beings. As children emerged as legal persons, children’s rights advocates challenged the rationale for parental authority, contending that robust parental rights often harm children. And a wave of punitive reforms in response to juvenile crime in the 1990s undermined …

Race, Rights, And The Representation Of Children, Barry Feld, Perry Moriearty

American University Law Review

No abstract provided.

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 …

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.

The New Restatement Of Children And The Law: Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott

Faculty Scholarship

This Essay is based on a previous article: Clare Huntington & Elizabeth Scott, Conceptualizing Legal Childhood in the Twenty-First Century, 118 Mich. L. Rev. 1371 (2020) (offering a comprehensive account of the Child Wellbeing framework).

Since the 1960s, the law regulating children has become increasingly complex and uncertain. The relatively simple framework established in the Progressive Era, in which parents had primary authority over children subject to a limited supervisory and protective role of the state, has broken down. Lawmakers have begun to grant children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, …

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, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

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 …

Juvenile Justice Reform In Georgia: A Collective Decisionmaking Approach To De-Politicize Crime And Punishment, The Honorable Steven Teske

Georgia Law Review

Since the creation of the first juvenile court in 1899, juvenile courts have undergone periods of transition in response to legislative enactments prompted by societal events or in response to legal challenges involving due process rights of children. This Article examines politics and the extent in which it played a role in shaping juvenile justice and crime policies and its impact on children and public safety. In this critical review of each period of transition, this Article concludes that the lack of success among juvenile justice agencies, including the courts, is predominately the result of the politicizing of crime and …

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, 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 …

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 …

Paternity And The Quasi-Marital Child, The Honorable Diana Tennis

Child and Family Law Journal

No abstract provided.

Protecting The Millennial Generation: Beyond The Scope Of The Internet, Alexandria Vasquez Esq.

Child and Family Law Journal

No abstract provided.

Florida’S Domestic Violence Injunction: How Our Past Shapes Our Future, Bryan M. Truyol Esq.

Child and Family Law Journal

No abstract provided.

The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan

Child and Family Law Journal

This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries in Central …

Intercountry Adoption: Testing Out The Child Before You Purchase Intensive Look At The Home Study And Placement Supervision Of Intercountry Adoption, Jessica Etienne Esq.

Child and Family Law Journal

No abstract provided.

The Human Right To A Fair Start In Life, Matthew Hamity Esq.

Child and Family Law Journal

No abstract provided.

The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border, Thameshwarie Ghamandi

Child and Family Law Journal

No abstract provided.