The Jurisprudence of Death and Youth: Now the Twain Should Meet
Hoeffel, Janet C.
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Argues that the jurisprudence of juvenile transfer should go a step further down the comparative road paved by the Court and insist that juvenile transfer proceedings be subject to the same scrutiny exercised over capital punishment proceedings. Further advocates that while Eighth Amendment jurisprudence need not be literally incorporated into juvenile transfer proceedings, it should be adopted through the Due Process Clause.
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Slobogin, Christopher (Texas Tech Law Review, 2013)To the point of this Article, a prevention-oriented approach provides a strong basis for abolishing transfer and transfer-like policies. While desert-based punishment-even discounted punishment-requires adult-style sentences ...
Birckhead, Tamar R. (Texas Tech Law Review, 2013)This Article, the second in a series on the disproportionate representation of low-income children in the American juvenile justice system, examines the intake process, which operates as one of the primary gateways to ...
Kennedy, Joseph E. (Texas Tech Law Review, 2013)Proposes a very different type of legislative reform for juvenile transfer: a legislatively created right to a jury trial on the issue of whether juveniles should be sentenced as juveniles or as adults. Part I will briefly ...