Children and the Law Posts
Several other states have introduced reforms aimed at correcting longstanding overreliance on punitive, criminal sanctions for young people. Recently, New York and North Carolina used their budget processes to expand the age bounds of their juvenile justice systems to ensure that 16- and 17-year-old youth can no longer be automatically placed in adult courtrooms.
As with the dawning of fields such as juvenile justice, domestic violence, and elder law, early childhood development and the law will be a focal point for research within the legal academy, a vital bridge to scholars in other disciplines, and an important means for bringing lawyers and legal scholars to the heart of emerging policy debates.
At its meeting in New York City on October 19 and 20, The American Law Institute’s Council reviewed drafts for eight projects, with the following outcomes:
Project Reporters Emily Buss, Solangel Maldonado, and Clare Huntington discuss issues of pluralism in the Children and the Law Restatement.
This article explores the 48-hour rule in the juvenile context, with a particular focus on California. It summarizes California statutory law, provides a chart of the implications of current law on days of detention, and presents the results of a statewide survey on actual practice in the counties.
Decades of research from the fields of criminology and adolescent brain science find that the decisions made in youth — even very unwise decisions — do not crystallize criminality. Instead, as young people age and mature they develop the capacity to make different choices.
Treating internal U.S. conflicts and international conflicts law the same, without distinguishing between them, has always puzzled non-U.S. lawyers and scholars. And nowhere is the question of whether domestic and international conflicts should be treated the same more pressing than in the current work of The American Law Institute.
A brief historical account may be helpful in understanding the uncertainty and the reasons why a Restatement of Children and the Law would be particularly useful in clarifying legal doctrine and in supporting emerging reform trends.
Part I examines changes associated with the Supreme Court’s requirement that juvenile courts provide delinquents some procedural safeguards. Part II examines the Get Tough Era and states’ emphases on youths’ adult-like culpability and adoption of punitive policies. Part III reviews the Supreme Court’s recent jurisprudence of youth, reaffirmation that children are different, and limits on harsh punishment for youths. It concludes with a reflection on the limits of juvenile justice reform to improve the life chances of young people.