Juvenile Law Commons^™

The Right To Appointed Counsel: The Case For Unaccompanied Immigrant Children, Amanda Kavita Sewanan

Cardozo Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Mental Health Jail Diversion: A Therapeutic Approach To Offending In Twenty-First Century America, Ryan J. Parent

Criminology Student Work

This analysis is concerned with understanding the facets of criminal justice diversion programs that successfully improve the mental wellbeing of participants and, as a subsequent effect, reduce offending amongst the mentally ill populous in the United States. An inquiry of pre-program and post-program data from both adult and juvenile mental health specific programs reveals that participation amongst both groups shows a meaningful reduction in new/repeat offending in comparison to non-participants. The data shows that the expansion of law enforcement Crisis Intervention Team’s (CIT’s) has a compounding effect to the positive results. A review of these programs in Australia indicates that …

Mathena V. Malvo: Brief Amici Curiae Of Erwin Chemerinsky, Aziz Huq, Leah Litman, David Strauss, Carlos Vazquez, And Larry Yackle In Support Of Respondent, Leah Litman

Appellate Briefs

Amici Erwin Chemerinsky, Aziz Huq, Leah Litman, David Strauss, Carlos Vazquez, and Larry Yackle are federal courts scholars, studying the operation and purposes of federal jurisdiction and criminal law. Although they have divergent legal and political outlooks, amici share a keen interest in the federal courts, having published extensively on these topics and collected decades of experience examining issues implicated in this case.

This case concerns the scope of the constitutional rule announced in Miller v. Alabama, 567 U.S. 460 (2012), and held applicable on collateral review in Montgomery v. Louisiana, 136 S. Ct. 718 (2016). Respondent Lee …

Case Closure Among The Lancaster County’S Family Treatment Drug Court: The Role Of Personal Relationships, Chelsey Wisehart, Katherine Hazen, Matthew W. Carlson

Center on Children, Families, and the Law: Faculty Publications

• Parent substance use is the second-leading cause for childrens’ removal from the home in Nebraska (Voices for Children, 2018) with 10-30% being removed again later on (Wulczyn et al., 2007).

• The theory of Therapeutic Jurisprudence suggests using a treatment-oriented approach to reduce recidivism and mitigate the negative psychological effects that the legal system may have on offenders (Fessinger et al., 2018).

• The Judge acts as a team leader for caseworkers and attorneys who use a collaborative approach in the Family Treatment Drug Court (FTDC).

• Team meetings between parents and court professionals include discussion about parents’ progress …

Advocating For Children With Disabilities In Child Protection Cases, Joshua B. Kay

Articles

Children with disabilities are maltreated at a higher rate than other children and overrepresented in child protection matters, yet most social service caseworkers, judges, child advocates, and other professionals involved in these cases receive little to no training about evaluating and addressing their needs. Child protection case outcomes for children with disabilities tend to differ from those of nondisabled children, with more disabled children experiencing a termination of their parents' rights and fewer being reunified with their parents or placed with kin. They also tend to experience longer waits for adoption. Furthermore, the poor outcomes that plague youth who age …

Child Marriage In America: An Interim Solution Pending A Total Ban, Raquel Wildes Genet

Cardozo Law Review

This Note explores child marriage in the United States. Part I considers the scope of child marriage and provides legal and historical background on marital age restrictions (also known as nonage statutes). Part II considers arguments for and against a total ban of child marriage that would create a blanket eighteen-plus-to-marry age requirement in states. Part III concludes that a total ban is not yet a perfect fit for all states. Instead, it argues that no marriage should be permitted when a party is under seventeen, with increasing flexibility and deference to the parties as the child ages so long …

The Double-Edged Sword Of Parens Patriae: Status Offenders And The Punitive Reach Of The Juvenile Justice System, Madison C. Jaros

Notre Dame Law Review

This Note will argue that, despite the fact that adjudication as a status offender has the potential to lead to punitive outcomes, the rehabilitative rationale of parens patriae that lies behind the status offender designation ensures that juveniles charged under this category are not afforded the procedural protections that they are due under the Constitution’s Due Process Clause. This conundrum—that the rehabilitative rationale meant to protect juveniles actually leaves them more vulnerable to punishment—is not confined to the status offender context. Instead, the juvenile system as a whole suffers from the failures that result from promises of rehabilitation made by …

Zhu And Chen Revisited: An Update On The Ecj’S Jurisprudence On The Derivative Rights Of Third-Party Nationals, David H. King

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell

Articles

Removing children from their parents is child welfare's most drastic intervention. Research clearly establishes the profound and irreparable damage family separation can inflict on children and their parents. To ensure that this intervention is only used when necessary, a complex web of state and federal constitutional principles, statutes, administrative regulations, judicial decisions, and agency policies govern the removal decision. Central to these authorities is the presumption that a healthy and robust child welfare system keeps families together, protects children from harm, and centers on the needs of children and their parents. Yet, research and practice-supported by administrative data-paint a different …

New Juvenile Discovery Rules: Mandatory, Comprehensive, And Streamlined., Joshua B. Kay

Articles

The recently promulgated amendments and additions to the civil discovery rules include several changes affecting child protection and juvenile delinquency proceedings.1 The updates should make discovery in juvenile court matters more efficient by clarifying what is discoverable and requiring more timely exchange of information.

Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore

Washington and Lee Law Review

The Trump Administration’s new immigration policy of family separation at the U.S./Mexico border rocked the summer of 2018. Yet family separation is the prerequisite to every legal adoption. The circumstances are different, of course. In legal adoption, the biological parents are provided with all the constitutional protections required in involuntary termination of parental rights, or they have voluntarily consented to family separation. But what happens when that family separation is wrongful, when the birth mother’s consent is not voluntary, or when the birth father’s wishes to parent are ignored? In theory, the child can be returned to the birth parents …

Mitigating Risk, Eradicating Slavery, Ramona Lampley

Faculty Articles

For U.S. companies with forced labor or child labor in the supply chain, litigation is on the rise. This Article surveys the current litigation landscape involving forced labor in the supply chain. It ultimately concludes that domestic corporations that source from international suppliers should adopt the Model Contract Clauses drafted by the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts ("Working Group"). This Article traces the origins of cases involving supply chain forced labor, beginning with the early employee negligence cases that form the backdrop of existing case law and the cornerstone of …

Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2017, the Texas legislature amended Texas Penal Code § 42.092, which governs acts of cruelty against non-livestock animals. The statute in its current form makes torturing, killing, or seriously injuring a non-livestock animal a third degree felony, while less serious offenses carry either a state jail felony or a Class A misdemeanor charge.

While a step in the right direction, Texas law is not comprehensive in that it fails to address a significant aspect of animal cruelty offenses: mental illness. For over fifteen years, Texas Family Code § 54.0407 has required psychiatric counseling for juveniles convicted of cruelty to …

Discretionary Life Sentences For Juveniles: Resolving The Split Between The Virginia Supreme Court And The Fourth Circuit, Daniel M. Coble

Washington and Lee Law Review Online

At the age of 17, Donte Lamar Jones shot and killed a store clerk as she laid down on the floor during a robbery. He was spared the death penalty by agreeing instead to die in prison at the end of his life. Two years later in Virginia, 12 individuals were murdered for doing nothing more than being in the wrong place at the wrong time. Those individuals were killed by Lee Malvo and John Muhammad, better known as the “D.C. Snipers.” While John Muhammad was given the death penalty for his heinous crimes, Lee Malvo, who was 17 during …

Puffing Away Parental Rights: A Survey And Analysis Of Whether Secondhand Smoke Exposure Is Child Abuse, Karly Huml

Journal of Law and Health

The steps taken thus far to protect children in public areas, custody cases, and in vehicles show the legislature's awareness of the chemical harms of secondhand smoke for children. This article will analyze those steps and discuss what they mean for both parents' and children's constitutional rights. This article proposes that the legislature take a vital fourth step by including secondhand smoke exposure in child abuse laws. Section II of this article provides the history of smoking tobacco and its transition from a trendy social status to an unpopular, harmful habit. Section II also introduces the steps that have been …

Best Training Practices For Probation Officers And Staff Toward Building A More Sophisticated, Fair, And Effective System Of Juvenile Justice In San Diego County, Carissa Carrasquillo

Ethnic Studies Senior Capstone Papers

This report illustrates how probation leadership, officers, and staff in San Diego County can adopt best training practices to address and alleviate incidents in juvenile detention facilities and build a sophisticated, fair, and effective system of juvenile justice. The goal of implementing best training practices for probation officers and staff is to build a knowledgeable workforce to better serve youth and families and reduce racial and ethnic disparities in the juvenile justice system. This report analyzes how innovations in management and the introduction of new programs has proven effective through research- and evidence-based practices and direct community involvement. In particular, …

A Child Litigant's Right To Counsel, Kevin Lapp

Loyola of Los Angeles Law Review

As the Supreme Court put it a half century ago, the right tocounsel for juveniles reflects “society’s special concern for children” and “is of the essence of justice.” In a variety of legal proceedings, from delinquency matters to child welfare proceedings to judicial bypass hearings, the law requires the appointment of counsel to child litigants. While coherent in the whole, the law regarding counsel for child litigants is a patchwork of state and federal constitutional rulings by courts and statutory grants. Legal scholarship about a child litigant’s right to counsel is similarly fragmented. Predominantly, legal scholars have examined arguments for …

Resilience And Native Girls: A Critique, Addie C. Rolnick

BYU Law Review

No abstract provided.

The Concrete Jungle: Where Dreams Are Made Of . . . And Now Where Children Are Protected, Samantha A. Mumola

Pace Law Review

The tragic and unsettling story of Kalief Browder has notably emerged as a prominent illustration of our criminal justice system’s historical failure to protect our youth. Kalief’s story gained massive media attention with the help of a TIME documentary series featured on Netflix and famous A-listers such as music artist Jay-Z and TV host Rosie O’Donnell. It is hard to ignore the fact that Kalief Browder was cheated by the system; he chose suicide to escape his demons, which developed after undeserved time spent at Riker’s – a place he would have never experienced had he initially been tried as …