Juvenile Law Commons^™

Noncitizen Youth In The Juvenile Justice System: The Serious Consequences Of Failed Confidentiality By Ice Referral, Erin Mower Adams

BYU Law Review

No abstract provided.

Good, Bad And Wrongful Juvenile Sex: Rethinking The Use Of Statutory Rape Laws Against The Protected Class, Anna High

Arkansas Law Review

This article considers the question of whether statutory rape laws can and should be used against members of the class they were designed to protect. Many commentators have argued that meaningfully consensual sex among similarly situated and sufficiently mature teenagers should be beyond the scope of strict liability rape laws, but the question becomes more fraught in the context of the “contested outer limits” of adolescent sexuality—sexual contact among children and adolescents that offends social norms, leads to harmful outcomes or appears to be exploitative. What are the implications of using statutory rape laws against minors to target “bad sex”? …

The Law Demands Process For Rehomed Children, Sally Terry Green

Arkansas Law Review

This article argues that the same administrative or judicial process that protects children under established state law principles must also safeguard rehomed children. The states should be compelled to enact specific prohibition against the practice of rehoming. For instance, the adoption statutes should be expanded to require an administrative process where adopted children suffering from attachment disorders are identified and supported by specially staffed post adoption service agencies.

Since these disorders are often the bedrock of rehoming, this article highlights in Part II a rehoming anecdote involving severe attachment disorder of older adopted children. Part III discusses the advent of …

Bringing Racial Justice To The Courtroom And Community: Race Matters For Juvenile Justice And The Charlotte Model, Susan Mccarter, Elisa Chinn-Gary, Louis A. Trosch, Jr., Ahmed Toure, Abraham Alsaeedi, Jennifer Harrington

Washington and Lee Law Review Online

This article describes regional institutional organizing efforts to bring racial justice to the Charlotte courts and community through a collaborative called Race Matters for Juvenile Justice (RMJJ). The authors explain community and institutional organizing in-depth using the example of minority overrepresentation in the juvenile justice system, but recognize the pervasiveness of racial and ethnic disparities. Moreover, as the Race Matters for Juvenile Justice-Charlotte Model has gained national prominence, many jurisdictions seek to replicate the collaborative and the authors, therefore, provide RMJJ’s history as well as strategies for changing the narrative through communication and education, workforce development, data and research, community …

Obergefell’S Impact On Functional Families, Raymond C. O'Brien

Catholic University Law Review

More than forty percent of children born in America are born to unmarried parents and only half of all cohabitating adults in America are currently married. While many children are born to single parents, others are part of the two-person unmarried cohabiting functional family paradigm. What is the status of these children?

This article examines the changing paradigm of parental status, specifically vis-à-vis homosexual couples with children, and the rights of the non-biological parent after separation. This article examines the changes in law in regards to unmarried parents leading up to the Uniform Parentage Act. It describes the equitable remedies …

Arrested Development: Rethinking The Contract Age Of Majority For The Twenty-First Century Adolescent, Wayne R. Barnes

Maryland Law Review

The contract age of majority is currently age eighteen. Contracts entered into by minors under this age are generally voidable at the minor’s option. This contract doctrine of capacity is based on the policy of protecting minors from their own poor financial decisions and lack of adultlike judgment. Conversely, the age of eighteen is currently set as the arbitrary age at which one will be bound to her contract, since this is the current benchmark for becoming an “adult.” However, this Article questions the accuracy of age eighteen for this benchmark. Until comparatively recently, the age of contract majority had …

Short Fall Arguments In Court: A Probabilistic Analysis, Maria Cuellar

University of Michigan Journal of Law Reform

A discussion about how statistical arguments are used in court, specifically in cases of Abusive Head Trauma in which the defendant has claimed that an accidental short fall, and not shaking or child abuse, has caused the child’s injuries.

Bias, Subjectivity, And Wrongful Conviction, Katherine Judson

University of Michigan Journal of Law Reform

A talk about bias, subjectivity and wrongful convictions.

Juvenile Justice Research To Policy And The Case Of Fines, Alex R. Piquero

Nevada Law Journal

No abstract provided.

Random If Not "Rare"? The Eighth Amendment Weaknesses Of Post-Miller Legislation, Kimberly Thomas

Articles

First, this Article surveys the U.S. Supreme Court's decision to analogize life without parole for juveniles to the death penalty for adults, and discusses the Eighth Amendment law regarding the parameters around death penalty statutory schemes. Second, this Article examines the state legislative response to Miller, and scrutinizes it with the Court's Eighth Amendment death penalty law-and the states' responses to this case law-in mind. This Article highlights the failure of juvenile homicide sentencing provisions to: 1) narrow offenses that are eligible for life without parole sentences; 2) further limit, once a guilty finding is made, the categories of …

Barry Feld: An Intellectual History Of A Juvenile Court Reformer, Martin Guggenheim

Nevada Law Journal

No abstract provided.

Police Interrogations, False Confessions, And Alleged Child Abuse Cases, Richard Leo

University of Michigan Journal of Law Reform

A discussion on false confession cases in the United States.

Evidence Of Child Abuse: Inferring The Causes Of Effects, Stephen E. Fienberg

University of Michigan Journal of Law Reform

A statistician's take on evidence of child abuse.

Child Abuse--Nonaccidental Injury (Nai) And Abusive Head Trauma (Aht)--Medical Imaging: Issues And Controversies In The Era Of Evidence-Based Medicine, Patrick Barnes

University of Michigan Journal of Law Reform

A look at nonaccidental injury and abusive head trauma in children with a focus on Shaken Baby Syndrome.

Unambiguous Deterrence: Ambiguity Attitudes In The Juvenile Justice System And The Case For A Right To Counsel During Intake Proceedings, Hannah Frank

Vanderbilt Law Review

According to the traditional rational choice theory of criminal behavior, people choose to commit crimes in a rational manner.' They weigh the costs and benefits and make informed decisions to maximize their utility. Under this framework, the state can deter crime through two main avenues: increasing the probability of detection and increasing the punishment if caught, both of which increase the total cost of committing a crime. Recently, however, behavioral insights have begun to cast doubt on traditional rationality assumptions. Lab experiments and empirical studies using real-world data have shown that people exhibit bounded rationality. For example, individuals have limited …

On The Ends And Means Of Protecting Youth In Juvenile Courts, Franklin E. Zimring

Nevada Law Journal

No abstract provided.

My Life In Crime: An Intellectual History Of The Juvenile Court, Barry C. Feld

Nevada Law Journal

No abstract provided.

Championing Children's Rights In Nevada, 2000-2015: The Thomas & Mack Juvenile Justice Clinic As Change Agent, Mary C. Berkheiser

Nevada Law Journal

No abstract provided.

Pursuing Gault, David S. Tanenhaus, Eric C. Nystrom

Nevada Law Journal

No abstract provided.

The Cost Of Ab 193: Constitutional Guarantees Sacrificed For Ineffective Means, Paul George

Nevada Law Journal

No abstract provided.