Children and the Law Posts
Children and the Law: School Searches – Search Based on Individualized Suspicion
Elizabeth S. Scott, Richard Bonnie, Emily Buss, Clare Huntington, Solangel Maldonado and Jennifer MorinigoRestatement of the Law, Children and the Law, Tentative Draft No. 3 (TD3) will be presented to ALI membership at the 2021 ALI Annual Meeting. This post includes black letter and Comment excerpted from this draft, which contains § 10.10. Student Search by School Officials Based on Individualized Suspicion.
Stuck Between Growing up and Grown up: Delaying the Sentencing Phase for Young Adults Facing Capital Punishment in Texas
Bonnie SerranoThis article proposes that because capital offenders already go through a separate trial to determine their punishment, Texas courts should wait until a defendant reaches 25 before they determine whether to execute a young offender.
Maine Lawmakers Consider Bill to Prevent Prosecution of Youth Under 12
Lauren KlosinskiState lawmakers in Maine are looking at a bill that would ban the prosecution of young children. If the plan passes, Maine would be one of only three states to set a minimum age of 12 years old for people who can face criminal prosecution.
Visionaries Profiles The Support Center for Child Advocates
Lauren KlosinskiThe Support Center for Child Advocates, led by Executive Director Frank P. Cervone, was recently profiled by Visionaries, documentary series. The Support Center’s mission is to advocate for victims of child abuse and neglect with the goal of securing safety, justice, well-being and a permanent, nurturing environment for every child.
Children and the Law: Protecting the Vulnerable in a Time of Crisis
Kristin Nicole Henning, Clare Huntington, Elizabeth S. Scott, Marsha Levick and Jennifer MorinigoIn this episode of Reasonably Speaking, juvenile justice scholar and Chief Reporter of the Restatement of the Law, Children and the Law, Elizabeth Scott guides our Children and the Law-exclusive panel through a series of discussions centering on child advocacy and juvenile law during a pandemic.
Arizona Supreme Court Rejects Eighth Amendment Claims by Juvenile Offenders Given De Facto Life Sentences for Multiple Offenses
Douglas BermanOn Friday, [Oct. 9] the Supreme Court of Arizona handed down a unanimous rejection of claims by multiple juvenile offenders subject to de facto life sentences for multiple sentences in Arizona v. Soto-Fong.
October 2020 Council Meeting Updates
Pauline ToboulidisAt its meetings on October 13 and October 22-23, 2020, the Council reviewed and discussed Council Drafts of seven projects and approved drafts and portions of drafts.
Election 2020: When Are Results Official and What Happens if Results Are Disputed
Steven F. Huefner, Edward B. Foley, Derek T. Muller, Franita Tolson and Jennifer MorinigoOn this episode of Reasonably Speaking panelists discuss the volatile climate surrounding the upcoming presidential election on Nov. 3, as well as what we can expect if the results are disputed.
Distinguishing ‘Incorrigibility’ From ‘Transient Immaturity’: Risk Assessment in the Context of Sentencing/Resentencing Evaluations for Juvenile Homicide Offenders
Jaymes V. Fairfax-Columbo, Sarah Fishel and David DeMatteon two recent cases, the United States Supreme Court abolished mandatory juvenile life without parole (LWOP; Miller v. Alabama, 2012) and held that the ban applies retroactively (Montgomery v. Louisiana, 2016). Pointedly, the Court suggested that juveniles should only be sentenced to LWOP when they are ‘incorrigible’ or ‘irreparably corrupt.’
Native Youth Navigate Complex, Contradictory Jurisdictions
Calah Schlabach, José-Ignacio Castañeda Perez, Matthew Hendley and Layne DowdallUnlike other children, Native American children can be tried and sentenced in tribal, state or federal justice systems. Once they make contact with the justice system, Native youth face unique complications that many don’t understand[.]