Ohio V. Clark: The Primary Purpose Of The Mandatory Reporting Provisions & Child Testimonial Statement In Relation To The Confrontation Clause,
2016
University of Texas
Ohio V. Clark: The Primary Purpose Of The Mandatory Reporting Provisions & Child Testimonial Statement In Relation To The Confrontation Clause, Eun Jin Kim
Criminal Law Practitioner
No abstract provided.
Medical Decision Making For Youth In The Foster Care System, 49 J. Marshall L. Rev. 1103 (2016),
2016
UIC School of Law
Medical Decision Making For Youth In The Foster Care System, 49 J. Marshall L. Rev. 1103 (2016), Zach Strassburger
UIC Law Review
Youth in the foster care system often have no one person who is clearly authorized to make medical decisions for them. From a caseworker insisting upon a vaccine to a birth parent refusing permission for psychotropic medication, the evidence supports the argument that who makes these decisions matters for children’s rights. The Author reviewed relevant laws and policies, surveyed stakeholders to understand actual practices, then interviewed a subset of these stakeholders to get further details about who decides what care a young person receives. This Article argues that policies should be nuanced but consistent, promoting birth parent involvement and family …
The Miller Revolution,
2016
The Catholic University of America, Columbus School of Law
The Miller Revolution, Cara H. Drinan
Scholarly Articles
In a series of cases culminating in Miller v. Alabama, the United States Supreme Court has limited the extent to which juveniles may be exposed to the harshest criminal sentences. Scholars have addressed discrete components of these recent Court decisions, from their Eighth Amendment methodology to their effect upon state legislation. In this Article, I draw upon that scholarship to make a broader claim: the Miller trilogy has revolutionized juvenile justice. While we have begun to see only the most inchoate signs of this revolution in practice, this Article endeavors to describe what this revolution may look like both in …
Adolescent Sex Offender Registration Policy: Perspectives On General Deterrence Potential From Criminology And Developmental Psychology,
2016
University at Albany, State University of New York
Adolescent Sex Offender Registration Policy: Perspectives On General Deterrence Potential From Criminology And Developmental Psychology, Cynthia J. Najdowski, H. M. Cleary, M. C. Stevenson
Psychology Faculty Scholarship
Sex offender registration policies have expanded rapidly, now extending to adolescent offenders across the nation. Policies mandating registration are based, in part, on arguments that registration is needed to prevent dangerous sex offenders from committing additional offenses and that risk of registration deters would-be offenders from offending in the first place. Research suggests that registration does not serve the former specific deterrent function for adolescents, but less is known regarding the latter goal of general deterrence. The disciplines of criminology and developmental psychology both offer important theoretical perspectives, but these frameworks have yet to be applied to this unique context. …
In Loco Juvenile Justice: Minors In Munis, Cash From Kids, And Adolescent Pro Se Advocacy - Ferguson And Beyond,
2016
University of the District of Columbia
In Loco Juvenile Justice: Minors In Munis, Cash From Kids, And Adolescent Pro Se Advocacy - Ferguson And Beyond, Mae Quinn
Journal Articles
No abstract provided.
Chaining Kids To The Ever Turning Wheel: Other Contemporary Costs Of Juvenile Court Involvement,
2016
University of the District of Columbia
Chaining Kids To The Ever Turning Wheel: Other Contemporary Costs Of Juvenile Court Involvement, Candace Johnson, Mae Quinn
Journal Articles
In this essay, Candace Johnson and Mae Quinn respond to Tamar Birckhead’s important article The New Peonage, based, in part, on their work and experience representing youth in St. Louis, Missouri. They concur with Professor Birckhead’s conclusions about the unfortunate state of affairs in 21st century America— that we use fines, fees, and other prosecution practices to continue to unjustly punish poverty and oppressively regulate racial minorities. Such contemporary processes are far too reminiscent of historic convict leasing and Jim Crow era efforts intended to perpetuate second-class citizenship for persons of color. Johnson and Quinn add to Professor Birckhead’s critique …
Federal Legislation Protecting Children And Providing For Their Well-Being,
2016
University of Michigan Law School
Federal Legislation Protecting Children And Providing For Their Well-Being, Frank E. Vandervort
Book Chapters
Over the past several decades a national model for child welfare practice has emerged. In Child Welfare Law and Practice, also known as "The Red Book", experienced NACC authors and child welfare advocates have captured and refined that model, offering a comprehensive guide for those who make child welfare advocacy their priority. Designed as a study guide for attorneys preparing to take the NACC Child Welfare Law Certification Exam, the Red Book serves as a day-to-day guide for child welfare advocates across the country, offering in-depth analysis and instruction on wide variety of topics in the field of child welfare …
Editorial Board And Table Of Contents,
2016
Barry University School of Law
Editorial Board And Table Of Contents
Child and Family Law Journal
No abstract provided.
A Proposal To Allow The Presentation Of Mitigation In Juvenile Court So That Juvenile Charges May Be Expunged In Appropriate Cases,
2016
Barry University
A Proposal To Allow The Presentation Of Mitigation In Juvenile Court So That Juvenile Charges May Be Expunged In Appropriate Cases, Katherine I. Puzone
Faculty Scholarship
No abstract provided.
The Guardian Ad Litem As The Child's Privilege Holder,
2016
University of Colorado Law School
The Guardian Ad Litem As The Child's Privilege Holder, Starla Doyal
University of Colorado Law Review
Children in therapy have a strong interest in maintaining the confidentiality of communications with their therapists. Without the assurance of confidential communications, children may not be as open with their therapists, which can make therapy less effective. Although children have privilege rights to their psychotherapist-patient communications just as adults do, their parents generally hold and exercise that privilege. Many courts have recognized that a parent should not hold a child's privilege when the parent and child have divergent interests. This raises the question of who should hold the privilege in the parent's place. In L.A.N. v. L.M.B., the Colorado Supreme …
Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline,
2016
University of Florida Levin College of Law
Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance
UF Law Faculty Publications
Over the last three decades, our nation has witnessed a dramatic change regarding how schools discipline children. Empirical evidence during this time period demonstrates that schools increasingly have relied on extreme forms of punishment such as suspensions, expulsions, referrals to law enforcement, and school-based arrests to discipline students for violations of school rules, including for low-level offenses. Many have referred to this disturbing trend of schools directly referring students to law enforcement or creating conditions under which students are more likely to become involved in the justice system—such as suspending or expelling them—as the “school-to-prison pipeline.” Perhaps the most alarming …
Bending The Curve: Reflections On A Decade Of Illinois Juvenile Justice Reform,
2016
Loyola University Chicago, School of Law
Bending The Curve: Reflections On A Decade Of Illinois Juvenile Justice Reform, Diane C. Geraghty
Faculty Publications & Other Works
No abstract provided.
Foster Care Reentry Laws: Mending The Safety Net For Emerging Adults In The Transition To Independence,
2016
Loyola University Chicago, School of Law
Foster Care Reentry Laws: Mending The Safety Net For Emerging Adults In The Transition To Independence, Bruce A. Boyer
Faculty Publications & Other Works
While state child welfare agencies are notoriously bad parents, for some youth they remain the best available option. This is particularly true for older youth who have no other viable choice for permanency, and who must therefore aim toward achieving independence as graduates from the foster care system. Because of the many challenges facing youth exiting foster care to independence, most states now permit youth to receive continuing foster care services and supports beyond 18, and in many cases up to 21. Frequently, however, the goal of extending time in care for older youth is impacted by the opposition of …
"Get Tough On Juvenile Criminals": An Assessment Of Punitiveness And Punitive Attitudes,
2016
Minnesota State University Mankato
"Get Tough On Juvenile Criminals": An Assessment Of Punitiveness And Punitive Attitudes, Richard Charles Gehrke
All Graduate Theses, Dissertations, and Other Capstone Projects
This quantitative study surveyed college students (n=111), currently attending a community college in northeastern Minnesota, regarding whether juveniles should receive the same due process rights as adults, what the primary goal of the juvenile justice system should be, whether juveniles charged with serious offenses should be tried as adults, and whether juveniles convicted of committing a serious offense should be sentenced as adults. Utilizing two competing theoretical frameworks, the researcher hypothesized that students who self-identify with a conservative political ideology would be more punitive than students who self-identify with a liberal political ideology. The researcher's second hypothesis was that students …
Juvenile Justice In Global Perspective: From Chicago To Shanghai And Back To First Principles,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Juvenile Justice In Global Perspective: From Chicago To Shanghai And Back To First Principles, David S. Tanenhaus
Scholarly Works
No abstract provided.
‘Let’S Change The Law’: Arkansas And The Puzzle Of Juvenile Justice Reform In The 1990s,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
‘Let’S Change The Law’: Arkansas And The Puzzle Of Juvenile Justice Reform In The 1990s, David S. Tanenhaus, Eric C. Nystrom
Scholarly Works
No abstract provided.
Decriminalizing Violence: A Critique Of Restorative Justice And Proposal For Diversionary Mediation,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Decriminalizing Violence: A Critique Of Restorative Justice And Proposal For Diversionary Mediation, M. Eve Hanan
Scholarly Works
In this article, Professor Hanan explores the issues surrounding reforms to the criminal justice system, juveniles, and conflict resolution. She asserts that enthusiasm for restorative justice as the best method of out-of-court dispute resolution in criminal cases should be tempered in favor of mediation, which is neutral because it does not assume that the accused is guilty and that "healing" or repair is warranted. Because decriminalization is not complete and the state retains jurisdiction, Professor Hanan argues for a neutral mediation program, which should (1) function to reduce overall contact with the criminal courts and (2) include procedural safeguards in …
Review Of Alaska Mental Health Statutes,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Review Of Alaska Mental Health Statutes, Sara Gordon, Melissa Piasecki, Gil Kahn, Dawn Nielsen
Scholarly Works
This report identifies key statutory provisions that we recommend be amended, a description of our findings based on interviews with stakeholders, legislative history of the Alaska statutes, reviews of national best practices and, where applicable, information about emerging areas in national mental health law for Alaska to consider in creating new law. Our recommendations are based in large part on significant advances in law and medicine in the understanding and treatment of mental illness that have occurred in the years since Alaska last made significant and substantive reforms to its criminal and civil mental health statutes. It is important to …
Untangling The Web: Juvenile Justice In Indian Country,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Untangling The Web: Juvenile Justice In Indian Country, Addie C. Rolnick
Scholarly Works
The juvenile justice system in Indian country is broken. Native youth are vulnerable and traumatized. They become involved in the system at high rates, and they are more likely than other youth to be incarcerated and less likely to receive necessary health, mental-health, and education services. Congressional leaders and the Obama administration have made the needs of Indian country, especially improvement of tribal justice systems, an area of focus in recent years. The release of two major reports—one from a task force convened by the Attorney General to study violence and trauma among Native youth and the other from a …
Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth, Addie C. Rolnick
Scholarly Works
Native youth are disproportionately incarcerated, often for relatively minor offenses. One potential solution is to move more Native youth out of federal and state courts and invest in tribal juvenile justice systems. Tribal systems are assumed to be less punitive than nontribal ones, so greater tribal control should mean less incarceration. Little is known, however, about the role of incarceration in tribally run systems. This article examines available information on Native youth in tribal juvenile justice systems from 1998 to 2013. At least sixteen new secure juvenile facilities were built to house youth under tribal court jurisdiction, with federal investment …
