Juries for Juveniles
Kennedy, Joseph E.
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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 sketch the outlines of my proposal. Part II will describe the prevailing political constraints on juvenile justice reform by describing the most salient features of recent moral panics about crime, in general, and juvenile crime in particular. Part III will explain the advantages of my proposal in responding to these constraints and a few possible objections. Part III will also briefly describe the ways in which such a practice might eventually lead to a constitutional right to such a jury trial at some point in the future.
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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 ...
Hoeffel, Janet C. (Texas Tech Law Review, 2013)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 ...
The Widening Maturity Gap: Trying and Punishing Juveniles as Adults in an Era of Extended Adolescence Pimentel, David (Texas Tech Law Review, 2013)Examines how the criminal justice system has dramatically expanded the prosecution of juveniles as adults. Brief overview of these conflicting trends appear to be driven by the same source: the perception that the world ...