Children and the Law Posts
Ruling Gives Justice to Juvenile Offenders
The blindfold seen on statues of Lady Justice worldwide represents how the judicial system must not be affected by outside influences. All who enter a courtroom must, too, be treated fairly. A Monday ruling by the 8th Circuit Court confirmed that justice must be blind...
The 48-Hour Rule and Overdetention in California Juvenile Proceedings
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.
Life Sentences, Long Sentences Imposed on Youth Need 2nd Look
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.
Children Crossing Borders: Internationalizing the Restatement of the Conflict of Laws
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.
History of Children and the Law
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.
My Life in Crime: An Intellectual History of the Juvenile Court
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.
Bad Medicine: Parents, the State, and the Charge of ‘Medical Child Abuse’
Doctors and hospitals have begun to level a new charge — “medical child abuse” (MCA) — against parents who, they say, get unnecessary medical treatment for their kids. The fact that this treatment has been ordered by other doctors does not protect parents from these accusations.