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MODERN PARABLES AND CHALLENGES TO THE JUVENILE COURT. Homicides by Very Young and Older Juvenile Offenders. The Jamie Bulger Homicide Ryan Harris Lionel Tate Sentencing options? Nathaniel Abraham Sentencing options? Lee Boyd Malvo. Competency. The Central Park Jogger Confessions
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Homicides by Very Young and Older Juvenile Offenders • The Jamie Bulger Homicide • Ryan Harris • Lionel Tate • Sentencing options? • Nathaniel Abraham • Sentencing options? • Lee Boyd Malvo
Competency • The Central Park Jogger Confessions • The Case of Eva Peña • Tate v. State (Section 985.225)
Juvenile Sex Offenders • The Case of J.G. • Eight Boys and a Girl in Berkeley
The Schoolhouse and The Jailhouse • Zero Tolerance in Toledo • Drug Testing for the Debating Team • Vernonia School District v. Acton, 115 S.Ct. 2386
Lessons of Paradigm Cases • Are these cases appropriate for the juvenile court? By what theory of adolescence? • What challenges do they pose to the juvenile court? • How would the theory of the juvenile court be modified to accommodate these cases, and avoid their treatment as adults? As infants?
Why a Separate Court? • Adolescence as a Time Moral, Social and Physical Development • Principles of Rehabilitation • Avoidance of Social Stigma • Avoidance of Psychological Stigma
Challenges to Modern Juvenile Court • Expressing and guarding the principle that children who break the law are different from adults (who break the law? From all adults?) and deserving of special treatment and a “discount” on punishment • Adhering to constitutional principles of procedural rights
Discovering the boundaries of penal proportionality for young offenders • Guarding the institution of the Juvenile Court from political attack by those whose primary concerns are public safety, social order and retributivism