ABA Journal

Juvenile Justice

453 ABA Journal Juvenile Justice articles.

Judge who required jail visit for all arrested juveniles remains on bench after lawsuit payout

A tough-talking juvenile court judge in Rutherford County, Tennessee, established a policy requiring arrested elementary schoolchildren to be taken to the juvenile detention center for screening before charges were filed—even if the charges were minor.

Pot smell didn’t provide probable cause for juvenile’s arrest, top state court says

The Delaware Supreme Court has ruled that marijuana and cocaine seized after police arrested a juvenile should be suppressed because the pot smell emanating from the vehicle in which she was a passenger didn’t provide probable cause for her arrest.

ABA House addresses treatment of children and youths in pair of resolutions

The ABA House of Delegates addressed the treatment of children and youths in two resolutions at the ABA Hybrid Annual Meeting on Tuesday.

Private prisons are a failed experiment with ‘perverse and immoral incentives,’ ABA House says in calling for their end

Private prisons, jails and juvenile detention centers “have a tendency to cut staff, they have a tendency to cut programs, and that probably shouldn’t surprise anybody because that’s how you make a profit,” Stephen A. Saltzburg said.

Troubling Treatment: Efforts are underway to reform teen behavioral programs

At age 15, Chelsea Filer tried to run away and live with her grandparents. A couple of weeks later, two large men, who worked with a transport company hired by her mother, woke her up in the middle of the night. The men took her across the border to a private residential school and treatment center in Mexico. “When children are legally kidnapped and trafficked across state or border lines, they lose their rights and any protections from the jurisdiction of their home state,” says Filer, who is now a youth rights advocate in Sacramento, California.

Lawyer’s suit claims raid was retaliation for successful defense; city sees allegations as baseless

The city of Roanoke, Virginia, is seeking to dismiss a lawsuit filed by a lawyer who claims that police raided her home in retaliation for successfully defending her stepson on murder charges.

Illinois bans practice of lying to minors during police interrogations

Illinois is now the only state in the country that prohibits police from lying to minors during interrogations.

In New York, a 7-year-old is arrested for rape; should the age for juvenile prosecutions be raised?

Children in New York can be charged as juvenile delinquents beginning at age 7, which explains why a boy of that age could be charged with rape in March in upstate Brasher Falls, New York.

Juvenile court judge charged with possession of child pornography faces additional charges

A juvenile court judge who was charged with possession of child pornography in Wisconsin will now face additional federal charges.

Afternoon briefs: Search of Giuliani’s home is ‘legal thuggery,’ says his lawyer; top legal officer earns $50.9M

Search of Giuliani’s home is ‘legal thuggery,’ his lawyer says

Federal agents searched lawyer Rudy Giuliani’s New York City apartment and office early Wednesday. Giuliani’s lawyer, Robert Costello, told the…

Juvenile can get life without parole for murder without finding of permanent incorrigibility, Supreme Court rules

The U.S. Supreme Court ruled Thursday that a defendant can be sentenced to life without parole for a homicide committed as a juvenile without a separate finding of permanent incorrigibility.

Top Massachusetts court vacates 90-day contempt sentence for teen who called judge B-word

A 16-year-old girl who called a judge a “dumb, white b- - - -” was wrongly sentenced to 90 days in youth services for contempt of court by the judge she insulted, according to an April 12 decision by the top court in Massachusetts.

Afternoon Briefs: Georgia voting restrictions challenged; judge charged with terroristic threats

News Roundup

Amy Breihan has dedicated her career to helping juvenile lifers seek parole

It’s been nearly nine years since the U.S. Supreme Court ruled in Miller v. Alabama that mandatory life without parole for juveniles violates the Eighth Amendment. It’s been five years since it held in Montgomery v. Louisiana that its 2012 decision was retroactive. In that time, Amy Breihan has helped seek second chances for prisoners in Missouri who were younger than age 18 when they were sentenced to life behind bars.

Afternoon Briefs: Judge trims maternity claims against BigLaw firm; prison guards ordered to wear body cams

Judge trims claims by ex-Morrison & Foerster lawyers

A magistrate judge is allowing two former lawyers at Morrison & Foerster to pursue punitive damages in their suit claiming that the…

Read more ...