Category Archives: U.S. Supreme Court

Right to Counsel in Nonpayment Hearings

In my last post, I discussed the phenomenon that I call “the new peonage,” in which criminal justice debt creates a two-tiered system of justice in our juvenile and criminal courtrooms.  One of my proposals for reform is to establish the … Continue reading

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Posted in Adult Court, Criminal /Juvenile Defense, Poverty, Race, Class, Ethnicity, Right to Counsel, U.S. Supreme Court, Uncategorized | Comments Off on Right to Counsel in Nonpayment Hearings

The New Peonage

On November 24, 2004, a thirteen-year-old boy named Taylor M. and several other boys in Ventura County, California, threw rocks at construction equipment owned by to J&S Excavating [J&S]. After another boy threw a firecracker into a bulldozer, Taylor shut its door, … Continue reading

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Posted in Adult Court, Analysis, Juvenile Court, Legal History, Legal Scholarship, Poverty, Race, Class, Ethnicity, U.S. Supreme Court | 1 Comment

Prisoners in Isolation: In Davis v. Ayala, Justice Anthony Kennedy issues a call to action in his discussion of Solitary Confinement

On March 3, 2015, at the conclusion of oral argument in the U.S. Supreme Court case of Davis v. Ayala, No. 13-1428 (U.S. Jun 18, 2015), Justice Anthony Kennedy asked Hector Ayala’s lawyer, Anthony Dain, a question that the justice … Continue reading

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Posted in Case Law, Conditions of Confinement, Sentencing, U.S. Supreme Court, Uncategorized | 1 Comment

Erasing Adolescence

By Kevin Lapp, Associate Professor, Loyola Law School|Los Angeles One of the urban legends of childhood is that individuals get a clean slate when they turn 18. Of course, like many urban legends, it’s not entirely false. Policies linked to a clean … Continue reading

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Posted in Children, Graham v. Florida, Guest Blogger, Media, State Laws, U.S. Supreme Court, Uncategorized | Comments Off on Erasing Adolescence

Juvenile Sentencing Schemes after Miller v. Alabama

By John Mills and Jennifer Breen The Supreme Court’s 2012 decision in Miller v. Alabama continues to create ripple effects throughout the nation’s legal system, several years after it was decided. The narrow holding of Miller was that the Eighth … Continue reading

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Posted in Guest Blogger, Miller v. Alabama, Sentencing, U.S. Supreme Court | Comments Off on Juvenile Sentencing Schemes after Miller v. Alabama

Youth and Interrogation

By Kevin Lapp, Associate Professor of Law, Loyola Law School, Los Angeles Advocates, courts, and policymakers across the nation are considering how far the Supreme Court’s “children are different in a way that matters” criminal justice jurisprudence should extend. One of … Continue reading

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Posted in Guest Blogger, Interrogation, Juveniles, Law Schools, U.S. Supreme Court, Uncategorized | Comments Off on Youth and Interrogation

Florida Supreme Court Throws Out Life Sentences for Juveniles

The Florida State Supreme Court unanimously ruled on March 19, 2015, that all of Florida’s juveniles convicted of homicide who received automatic sentences of life in prison must be resentenced under a state law passed in 2014. The long-awaited ruling answers the … Continue reading

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Posted in Graham v. Florida, Miller v. Alabama, Sentencing, U.S. Supreme Court, Uncategorized | 1 Comment

Perceiving Adolescence

By Kevin Lapp, Associate Professor, Loyola Law School|Los Angeles The challenge of demarcating adolescence from childhood and adulthood comes mainly from figuring out when it ends. 18 has been the traditional end point, but many experts increasingly view adolescence as … Continue reading

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Posted in Guest Blogger, Race, Class, Ethnicity, Social science, U.S. Supreme Court | Comments Off on Perceiving Adolescence

Juvenile Lifers: Reason for Hope

On December 1, 2014, the Supreme Court again deflected an effort to clarify whether its landmark 2012 decision in Miller v. Alabama banning mandatory life without parole sentences for juveniles should be applied retroactively. It was the second time this … Continue reading

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

Let’s Change How Police Question Young Suspects

When I had been practicing in North Carolina’s juvenile courts for about a year, I represented a client charged in the same case as a 13-year-old special-education student named J.D.B. I remember sitting in a large courtroom and watching J.D.B.’s public … Continue reading

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Posted in Interrogation, Juveniles, State Laws, U.S. Supreme Court | 1 Comment