Children and the Law Posts
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[.]
Juveniles in Criminal Proceedings
Fatos HaziriThis paper is of a combined character; summary and research, as it contains comparisons and research in a critical way, so it includes content and important psychological aspects of criminal actions that lead the juvenile person to conflict with the law, including factors which directly or indirectly affect this category of society to be involved in criminal activity.
Commission on Law Enforcement and the Administration of Justice Holds Teleconference Hearing on Juvenile Justice
Pauline ToboulidisPresident Trump’s Commission on Law Enforcement and the Administration of Justice held a hearing on juvenile justice over three days (May 5 to 7) via teleconference.
Law360 Article on Defining SCOTUS Juvenile Justice Cases
Lauren KlosinskiThe article “Justices Put Juvenile Sentencing Back On The Front Burner” from Law360 discusses the U.S. Supreme Court’s decision to hear the case Jones v. Mississippi.
Law360 Article Reviews Juvenile Justice System in PA
Pauline ToboulidisAn article for Law360 Access to Justice entitled “Wanted In Pennsylvania: A Fairer Justice System For Minors” examines Pennsylvania’s current juvenile justice system practices and the state’s plans for review and reform.
Juvenile or Adult? California Bill Would Raise Age for Prosecution from 18 to 20
Andrew SheelerA California lawmaker argues that 18- and 19-year-olds aren’t mature enough to do prison time if they break the law, and so she has submitted a bill that would treat them like juveniles.
January 2020 Council Meeting Updates
Jennifer MorinigoAt its meeting in Philadelphia on January 16 and 17, the ALI Council reviewed drafts for ten projects.
The Hidden, Human Costs of Justice
Leslie Paik and Jessica FeiermanA new study (conducted by Leslie Paik and Chiara Packard at the request of Juvenile Law Center) takes a deep look at Dane County, Wisconsin, and helps to explain why juvenile court costs are so problematic and so likely to increase, rather than decrease, recidivism.
Conceptualizing Legal Childhood in the Twenty-First Century
Clare Huntington and Elizabeth S. ScottThe 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.