81818app手机版下载

Open Access. Powered by Scholars. Published by Universities.®

Juvenile Law Commons

Open Access. Powered by Scholars. Published by Universities.®

3,085 Full-Text Articles 2,703 Authors 1,404,674 Downloads 154 Institutions

All Articles in Juvenile Law

Faceted Search

3,085 full-text articles. Page 1 of 80.

Feigned Consensus: Usurping The Law In Shaken Baby Syndrome/Abusive Head Trauma Prosecutions, Keith A. Findley, D. Michael Risinger, Patrick D. Barnes, Julie A. Mack, David A. Moran, Barry C. Scheck, Thomas L. Bohan 2020 University of Wisconsin Law School 81818app手机版下载

Feigned Consensus: Usurping The Law In Shaken Baby Syndrome/Abusive Head Trauma Prosecutions, Keith A. Findley, D. Michael Risinger, Patrick D. Barnes, Julie A. Mack, David A. Moran, Barry C. Scheck, Thomas L. Bohan

Articles

81818app手机版下载Few medico-legal matters have generated as much controversy--both in the medical literature and in the courtroom--as Shaken Baby Syndrome (SBS), now known more broadly as Abusive Head Trauma (AHT). The controversies are of enormous significance in the law because child abuse pediatricians claim, on the basis of a few non-specific medical findings supported by a weak and methodologically flawed research base, to be able to “diagnose” child abuse, and thereby to provide all of the evidence necessary to satisfy all of the legal elements for criminal prosecution (or removal of children from their parents). It is a matter, therefore, in ...


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Identifying Liars Through Automatic Decoding Of Children's Facial Expressions, Kaila Bruer, Sarah Zanette, Xiaopan Ding, Thomas D. Lyon, Kang Lee 2020 University of Regina 81818app手机版下载

Identifying Liars Through Automatic Decoding Of Children's Facial Expressions, Kaila Bruer, Sarah Zanette, Xiaopan Ding, Thomas D. Lyon, Kang Lee

University of Southern California Legal Studies Working Paper Series

81818app手机版下载This study explored whether children’s (N=158; 4-9 years-old) nonverbal facial expressions can be used to identify when children are being deceptive. Using a computer vision program to automatically decode children’s facial expressions according to the Facial Action Coding System, this study employed machine learning to determine whether facial expressions can be used to discriminate between children who concealed breaking a toy(liars) and those who did not break a toy(nonliars). Results found that, regardless of age or history of maltreatment, children’s facial expressions could accurately (73%) distinguished between liars and nonliars. Two emotions, surprise and ...


Order Of Encoding Predicts Young Children's Responses To Sequencing Questions, J. Zoe Klemfuss, Kelly McWilliams, Hayden M. Henderson, Alma P. Olaguez, Thomas D. Lyon 2020 University of California, Irvine

Order Of Encoding Predicts Young Children's Responses To Sequencing Questions, J. Zoe Klemfuss, Kelly Mcwilliams, Hayden M. Henderson, Alma P. Olaguez, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

We propose that young children exhibit an order of encoding bias, such that they are inclined to report or act out events in the order in which they were originally encoded. This bias helps to explain why children assume that events they first hear described are in chronological order and why they often appear to understand “after” better than “before” when they are questioned about experienced events. Asking children about a sequence of events as a whole (in particular using “first”) could avoid order of encoding biases, because children would not have to answer questions about events within the sequence ...


Forensic Interviewers' Difficulty With Invitations: Faux Invitations And Negative Recasting, Hayden M. Henderson, Natalie Russo, Thomas D. Lyon 2020 University of Southern California, Gould School of Law

Forensic Interviewers' Difficulty With Invitations: Faux Invitations And Negative Recasting, Hayden M. Henderson, Natalie Russo, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

An ongoing challenge for forensic interviewers is to maximize their use of invitations, such as requests that the child “tell me more about” details mentioned by the child. Examining 434 interviews with 4- to 12-year-old children questioned about abuse, this study analyzed (1) faux invitations, in which interviewers prefaced questions with “tell me” but then asked a non-invitation, (2) negative recasts, in which interviewers started to ask an invitation but then recast the question as a wh- or option-posing question and (3) other aspects of questions that may relate to productivity independent of their status as invitations. About one fourth ...


Children In Foster Care: The Odds Are Against Them, Shawna Doughman 2020 Golden Gate University School of Law 81818app手机版下载

Children In Foster Care: The Odds Are Against Them, Shawna Doughman

GGU Law Review Blog

Most child welfare reports that lead to removal of children from their homes are filed for neglect rather than abuse. Often, their parents want to take care of them, but are failing for one reason, or for many. Nonetheless, the lion’s share of the $30 billion annual budget of state and federal child welfare funding goes overwhelmingly to foster care and adoption services which remove the children from their parents, instead of to helping those families care for their own children.

THE S


Social Responsibility In Advertising: Extending Protections For Children In California’S Modeling Industry, Jordyn Sifferman 2020 Seattle University School of Law 81818app手机版下载

Social Responsibility In Advertising: Extending Protections For Children In California’S Modeling Industry, Jordyn Sifferman

Seattle Journal for Social Justice

81818app手机版下载No abstract provided.


Providing A Meaningful Opportunity For Release: A Proposal For Improving Washington's Miller-Fix, Maya L. Ramakrishnan 2020 University of Washington School of Law

Providing A Meaningful Opportunity For Release: A Proposal For Improving Washington's Miller-Fix, Maya L. Ramakrishnan

Washington Law Review

Miller v. Alabama1 set forth new constitutional requirements that necessitated changes in Washington State’s sentencing law for children. In response, the Washington legislature passed RCW 9.94A.730: a parole statute that presumptively releases children who committed crimes after they have served twenty years. Unless the parole board finds they are more likely than not to commit a future crime if released, the Miller-fix statute requires that eligible petitioners are released. The parole board has wide discretion in determining whether someone is more likely than not to commit a future crime because the statute provides no guidance about how ...


State V. Bassett: Washington Courts Can No Longer Sentence Juveniles To Die In Prison, Carolyn Mount 2020 Seattle University School of Law

State V. Bassett: Washington Courts Can No Longer Sentence Juveniles To Die In Prison, Carolyn Mount

Seattle Journal for Social Justice

81818app手机版下载No abstract provided.


The Public Health Approach To Human Trafficking Prevention, Jordan Greenbaum MD 2020 Georgia State University College of Law

The Public Health Approach To Human Trafficking Prevention, Jordan Greenbaum Md

Georgia State University Law Review

Sex and labor trafficking of adults and children are global public health issues that demand a public health approach to eradication. Rigorous scientific research is needed to create an evidence base that drives multi-sector collaborative prevention efforts addressing trafficking at all levels of the socioecological model. Programs need to be evaluated carefully and modified accordingly, then scaled up to disseminate critical information to the large body of people at risk of exploitation. Legal professionals have an important role to play in combatting human trafficking by educating themselves, their colleagues and clients, and the public, as well as advocating for legislative ...


Reforming Federal Sentencing: A Call For Equality-Infused Menschlichkeit, Nora V. Demleitner 2020 Washington and Lee University School of Law 81818app手机版下载

Reforming Federal Sentencing: A Call For Equality-Infused Menschlichkeit, Nora V. Demleitner

Washington and Lee Journal of Civil Rights and Social Justice

This piece, which serves as an Introduction to the Symposium Issue of the Washington and Lee Journal of Civil Rights and Social Justice81818app手机版下载, addresses both questions of pedagogy and federal sentencing. It starts by highlighting the value of a symposium on federal sentencing as a teaching, research, and advocacy tool before it turns to sentencing reform specifically.

Federal sentencing remains a highly contested area because it raises stark questions of equality and equitable treatment. Sentencing has long been unfair to minority defendants, African-Americans in particular, though the guidelines have in part mitigated racial disparities. Still the injustices perpetuated through federal ...


Article Iii Adultification Of Kids: History, Mystery, And Troubling Implications Of Federal Youth Transfers, Mae C. Quinn, Grace R. McLaughlin 2020 University of Florida Levin College of Law

Article Iii Adultification Of Kids: History, Mystery, And Troubling Implications Of Federal Youth Transfers, Mae C. Quinn, Grace R. Mclaughlin

Washington and Lee Journal of Civil Rights and Social Justice

There is no federal juvenile court system in the United States. Rather, teens can face charges in Article III courts and can be transferred to be tried and sentenced as adults in these venues. This Article is the first of two articles in the Washington and Lee Journal of Civil Rights and Social Justice81818app手机版下载 seeking to shed light on the largely invisible processes and populations involved in federal youth prosecution. This Article focuses on the federal transfer and prosecution of American youth as adults. It considers constitutional and statutory law relating to these federal transfers and then considers why current ...


Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy 2020 Washington and Lee University School of Law

Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the intersection of parents’ rights, religious rights, state’s rights, and children’s rights. This Note analyzes the development of children’s rights and how those rights may be applied to current state religious exemption policies that affect the health of LGBTQ children. This Note will argue that in the absence of direct federal legislation to stop the harm of LGBTQ children, four possible remedies may exist to protect LGBTQ children. These remedies include states asserting parens patriae authority, children asserting substantive due process claims, children utilizing partial emancipation statutes, or children utilizing mature minor exemptions, which ...


Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis 2020 Brooklyn Law School 81818app手机版下载

Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis

Journal of Law and Policy

In 1973 the U.S. Supreme Court ruled that education was not a fundamental right, leaving in place systems that continue today to perpetrate vast inequities among school districts. Through a comparative analysis of treaties, constitutions, legislation, and international and state judicial decisions, we demonstrate that education is indeed a fundamental human right, though our constitutional jurisprudence has denied its fundamental right status. We use case studies from Baltimore, a typical city whose residents face economic hardships, to reveal the dire consequences of this ruling. Without the right to an education, schoolchildren in poor systems continue to be deprived of ...


Young Children's Ability To Describe Intermediate Clothing Placement, Breanne E. Wylie, Stacia N. Stolzenberg, Kelly McWilliams, Angela Evans, Thomas D. Lyon 2020 Brock University 81818app手机版下载

Young Children's Ability To Describe Intermediate Clothing Placement, Breanne E. Wylie, Stacia N. Stolzenberg, Kelly Mcwilliams, Angela Evans, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

81818app手机版下载Children’s ability to adequately describe clothing placement is essential to evaluating their allegations of sexual abuse. Intermediate clothing placement (partially removed clothing) may be difficult for young children to describe, requiring more detailed explanations to indicate the location of clothing (e.g., the clothes were pulled down to the knees). The current study investigated 172 3- to 6-year-olds’ descriptions of clothing placement when responding to commonly used questions (yes/no, forced-choice, open-choice, where), as well as children’s on-off response tendencies when describing intermediate placement (i.e.., labeling the clothing as fully on or off). Results revealed that "where ...


“We Can’T Just Throw Our Children Away”: A Discussion Of The Term-Of-Years Sentencing Of Juveniles And What Can Be Done In Texas, Anjelica Harris 2020 Texas A&M University School of Law (Student) 81818app手机版下载

“We Can’T Just Throw Our Children Away”: A Discussion Of The Term-Of-Years Sentencing Of Juveniles And What Can Be Done In Texas, Anjelica Harris

Texas A&M Law Review

In the words of Supreme Court Justice Elena Kagan, children are different. The issue of how to sentence juvenile offenders has long been controversial. Although psychology acknowledges the connection between incomplete juvenile brain development and increased criminality, the justice system lags behind in how it handles juvenile offenders. A prime example is the case of Bobby Bostic, who at the age of sixteen was charged with eighteen offenses and sentenced to 241 years in prison. This sentence, known as a term-of-years or virtual life sentence, essentially guarantees that no matter what Bobby does or who he proves himself to be ...


The Invisible Prison: Pathways And Prevention, Margaret F. Brinig, Marsha Garrison 2020 Notre Dame Law School

The Invisible Prison: Pathways And Prevention, Margaret F. Brinig, Marsha Garrison

Notre Dame Law Review

81818app手机版下载In this Article, we propose a new strategy for curbing crime and delinquency and demonstrate the inadequacy of current reform efforts. Our analysis relies on our own, original research involving a large, multigenerational sample of unmarried fathers from a Rust Belt region of the United States, as well as the conclusions of earlier researchers.

Our own research data are unusual in that they are holistic and multigenerational: the court-based record system we utilized for data collection provided detailed information on child maltreatment, juvenile status and delinquency charges, child support, parenting time, orders of protection, and residential mobility for focal children ...


The Evolution Of Juvenile Justice From The Book Of Leviticus To Parens Patriae: The Next Step After In Re Gault, Donald E. McInnis, Shannon Cullen, Julia Schon 2020 Loyola Marymount University and Loyola Law School

The Evolution Of Juvenile Justice From The Book Of Leviticus To Parens Patriae: The Next Step After In Re Gault, Donald E. Mcinnis, Shannon Cullen, Julia Schon

Loyola of Los Angeles Law Review

81818app手机版下载Since the arrival of the Pilgrims, American jurisprudence has known that its law-breaking children must be treated differently than adults. How children are treated by the law raises ethical and constitutional issues. This Article questions the current approach, which applies adult due process protections to children who are unable to fully understand their constitutional rights and the consequences of waiving those rights. The authors propose new Miranda warnings and a Bill of Rights for Children to protect children and their constitutional right to due process under the law.


Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott 2020 Fordham Law School 81818app手机版下载

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

Michigan Law Review

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 ...


How Pay-To-Win Makes Us Lose: Introducing Minors To Gambling Through Loot Boxes, Kourosh Azin 2020 Boston College Law School 81818app手机版下载

How Pay-To-Win Makes Us Lose: Introducing Minors To Gambling Through Loot Boxes, Kourosh Azin

Boston College Law Review

81818app手机版下载Loot boxes are a feature in video games where players can acquire virtual goods like weapons, characters, or aesthetic alterations to enhance their gaming experience. Players can earn loot boxes through normal gameplay or purchase them with legal tender. The type and rarity of the rewards are commonly determined by a random number generator, ensuring that the success of acquiring a specific good is based on luck rather than skill. Due to the elements of consideration (wager), luck, and reward in loot box mechanisms mirroring those found in traditional gambling devices, some legislators view loot boxes as a form of ...