Category Archives: Case Law

When the Law Doesn’t Fit the Crime: Lessons from the Blogosphere

I’m now blogging for the Huffington Post.  Here’s my first piece, which also appears on the Juvenile Justice Information Exchange: Practicing criminal law is not rocket science. It’s also not open heart surgery. But it’s more than just slapping a … Continue reading

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Posted in Blogosphere, Case Law, Criminal /Juvenile Defense, State Laws | 1 Comment

California Takes Stand Against Extreme Sentences for Youth

Today the California Assembly approved a bill and the California Supreme Court issued a decision that together will help scale back the extreme sentencing of young offenders in that state.  Senate Bill 9 will allow juveniles sentenced to mandatory life … Continue reading

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Posted in Case Law, Miller v. Alabama, Sentencing, State Laws, U.S. Supreme Court | 1 Comment

Court Invalidates Backpack Search by School Resource Officer

Many of the cases we handle in the UNC Juvenile Justice Clinic involve school-based incidents that are then charged as criminal offenses in delinquency court.  Students who have acted out verbally or physically in school (where any “touch” that is … Continue reading

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Posted in Analysis, Case Law, Delinquency, School to Prison Pipeline, Search and Seizure, State Laws, Uncategorized | 4 Comments

Campaign for the Fair Sentencing of Youth: Standing Together to End Death in Prison for Children

One of my favorite non-profits is the Campaign for the Fair Sentencing of Youth (CFSY), a national organization dedicated to ending the practice of incarcerating juveniles in prison for life without the possibility of parole.  CFSY, directed by the wonderful Jody … Continue reading

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Posted in Adult Court, Advocacy, Case Law, Miller v. Alabama, Organizations, Sentencing, State Laws, U.S. Supreme Court, Uncategorized | 1 Comment

What We Missed

Apologies for the lack of recent posting; I’ve been off the grid this week.  If you ever find yourself missing the blog, however, please remember to check out the Juvenile Justice Blog Facebook page, as there are frequent links there … Continue reading

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Posted in Advocacy, Case Law, Contests, Juveniles, Miller v. Alabama, Reports, School to Prison Pipeline, State Laws, Uncategorized | Comments Off

States Respond to Supreme Court JLWOP Decision — Updated 7.19.12

As states are scrambling to respond to Miller v. Alabama , a number of law review articles have recently come out on Graham v. Florida, the 2010 Supreme Court decision that ended juvenile life without parole sentences for those convicted of … Continue reading

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Posted in Adult Court, Analysis, Case Law, Juveniles, Legal Scholarship, Miller v. Alabama, Post-Conviction, Sentencing, State Laws, U.S. Supreme Court, Uncategorized | 3 Comments

Policing School Discipline

The title of this post is the title of a recently published article by my colleague, Professor Catherine Kim (University of North Carolina), who is also the co-author of the excellent book, The School-to-Prison Pipeline: Structuring Legal Reform, a comprehensive study … Continue reading

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Posted in Analysis, Case Law, Juveniles, Legal Scholarship, School to Prison Pipeline, Social science, U.S. Supreme Court | 1 Comment

What’s Beneath the Graham Cracker?: The Potential Impact of Comparative Law on the Future of Juvenile Justice Reform after Graham v. Florida

The title of this post is the title of a new article in the Pace International Law Review by David A. Shapiro (Brooklyn Law ’12), incoming Gault Fellow at the National Juvenile Defender Center (2012-14). Here is the introduction: In the … Continue reading

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Posted in Adult Court, Analysis, Case Law, International Law, Legal Scholarship, Sentencing, State Laws, U.S. Supreme Court | Comments Off

Miller v. Alabama Coverage Roundup: Updated 7.7.12

There has been extensive media coverage and commentary following the Miller v. Alabama Supreme Court decision that struck down mandatory JLWOP.  Having canvassed a good bit of the articles, posts, etc., I thought I would share several items that are representative of … Continue reading

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Posted in Analysis, Case Law, Legal Scholarship, Media, Miller v. Alabama, Sentencing, U.S. Supreme Court | Comments Off

The Ultimate Impact of Miller v. Alabama?

As Professor Dan Filler (Drexel) points out so well in a recent post on Miller v. Alabama on the Faculty Lounge, the decision’s direct effect on those currently serving JLWOP may be less dramatic than first imagined.  Sentencing rehearings during which … Continue reading

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Posted in Analysis, Case Law, Legal Scholarship, Miller v. Alabama, Sentencing, U.S. Supreme Court | 1 Comment