Children and the Law Posts
At its meeting in Philadelphia on January 16 and 17, the ALI Council reviewed drafts for ten projects.
A 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.
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.
During its meeting in New York City on October 17 and 18, the ALI Council reviewed drafts for seven Institute projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive editorial improvements.
It’s happening in Minneapolis. New Jersey. Arkansas. Upstate New York. Durango, Colorado. One by one, juvenile prisons are closing, or are slated to close, in response to child abuse reports, sustained pressure from activists and a halving of national juvenile confinement rates since 2002.
It is common knowledge in American society that persons who have criminal records will have a more difficult path to obtaining legitimate employment. Similarly, conventional wisdom acknowledges the unfortunate fact that young people, on average, are more prone to engage in risky, impulsive, and other ill-advised behavior that might result in brushes with law enforcement authorities.
Caren Harp, a former prosecutor and public defender in Arkansas and a law professor at Liberty University, speaks about her role as Administrator of the Justice Department’s Office of Juvenile Justice Delinquency and Prevention in a recent LA Times interview.
The following entry is excerpted from the Black Letter and Comments of Tentative Draft No. 2, Restatement of the Law, Children and the Law, Part III–Children in the Justice System; Section 17.20 Adjudicative Competence in Criminal Proceedings.
The following entry is excerpted from the Black Letter and Comments from Tentative Draft No. 2, Part II–Children In Schools; Chapter 8–Discipline And Order Maintenance; Topic 1–The Use Of Force In Response To Student Misbehavior; Section 8.10. Use of Force to Control and Punish.
In this episode of Reasonably Speaking, Juvenile Law Center’s Co-Founder Marsha Levick and Columbia Law Professor Elizabeth Scott discuss the vulnerability of children when they enter the justice system.