Children and the Law Posts

Louisiana’s public defenders face financial burden with new juvenile prisoner law

A state law that went into effect this year makes juveniles given life sentences eligible for parole after serving 25 years and meeting certain educational requirements. In extreme cases however, district attorneys can block access parole during a new sentencing hearing if the juvenile lifer is considered the “worst of the worst” and unable to be rehabilitated.

U.S. Supreme Court Denies Review of Indian Child Welfare Act

In the case, S.S. v Colorado River Indian Tribes, the U.S. Supreme Court recently denied a petition for certiorari filed by the Goldwater Institute.

The petition alleges the Indian Child Welfare Act, a federal law that established standards for the placement of Native American children in foster and adoptive homes, is unconstitutional.

More States Need to Halt Prosecution of Youth as Adults

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.

Early Childhood Development and the Law

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.

October Council Meeting Updates

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:

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.