When Is a Child Too Young for Juvenile Court? A Comparative Case Study of State Law and Implementation in Six Major Metropolitan Areas

2019 ◽  
Vol 66 (2) ◽  
pp. 219-249
Author(s):  
Laura S. Abrams ◽  
Elizabeth S. Barnert ◽  
Matthew L. Mizel ◽  
Antoinette Bedros ◽  
Erica Webster ◽  
...  

There is a dearth of knowledge concerning statutes and practices designed to protect younger children from formal juvenile court petitions. This case study examines minimum age laws and related statutes in the six largest U.S. states and explores implementation of these policies and practices in major metropolitan areas within these states. The primary study methods included legal analysis and stakeholder interviews. Legal analysis identified diverse minimum age laws across states and complex statutes related to children’s capacity to stand trial and competency. Stakeholders across the six cases agreed that the state should protect young children from formal delinquency petitions when possible. Discretionary statutes and practices appeared to play a key yet inconsistent role in excluding younger children from juvenile court.

2018 ◽  
Vol 65 (14) ◽  
pp. 1976-1996 ◽  
Author(s):  
Laura S. Abrams ◽  
Elizabeth S. Barnert ◽  
Matthew L. Mizel ◽  
Isaac Bryan ◽  
Lynn Lim ◽  
...  

Several U.S. states are considering setting or raising a minimum age of juvenile court jurisdiction. However, there is scant evidence to suggest if a state minimum age law would protect children from developmentally inappropriate proceedings beyond existing capacity and competency statutes. To address this central question, this case study focuses on the state of California and considers (a) existing state laws, (b) state juvenile crime data, and (c) opinions of diverse juvenile justice stakeholders. Triangulated analysis found that a low number of California children below the age of 12 years are petitioned in juvenile court and most are referred for misdemeanor or status offenses. Existing legal protections are present yet inconsistently implemented. A minimum age law would address some of these policy gaps.


2015 ◽  
Vol 7 (1) ◽  
pp. 39-54 ◽  
Author(s):  
Craig Hatcher

Purpose – This paper aims to problematise the relation between “legality” and the state, through a case study analysis of law at work within the built environment. In doing so, the paper argues that studies on law and geography should consider the broader processes of state “law making” to understand the production of illegal space. Design/methodology/approach – The liminal boundary of illegal/legal and its relation with the state is developed through a case study on the legalisation process of a “squatter” settlement located on the outskirts of Bishkek, the capital of Kyrgyzstan. The paper draws on primary qualitative research (semi-structured interviews) and legal analysis undertaken in Kyrgyzstan at various times over seven months between 2011 and 2013. Findings – Examining law as static and pre-existing is problematic in developing an understanding of the production of illegal and legal spaces within the built environment. An emphasis on law-making and the process of legalisation draws attention to the different groups, practices and policies involved and reframes the relation between the state and legality. Originality/value – Using a case study anchoring the analysis within law’s constitutive and contested presence within the built environment, the paper addresses a theoretical and empirical panacea in legal geography by unpacking the “legal” with reference to its plurality internally within the state. Moreover, studies on law and geography have tended to focus on European or North American contexts, whereas this paper draws on data from Central Asia.


2020 ◽  
Vol 12 (22) ◽  
pp. 9779
Author(s):  
Luísa Tavares Muzzi de Sousa ◽  
Leise Kelli de Oliveira

The concentration of warehouses in peripheral regions of metropolitan areas in a time period is called logistics sprawl (LS). Identifying this phenomenon could help to reduce externalities related to urban freight transport, mainly, the distance traveled. This paper examines the contribution of the characteristics of metropolitan areas on the logistics sprawl indicator. A case study was carried out considering data from eight metropolitan areas of the state of Paraná (Brazil). The research method is based on the data collection procedure proposed, centrographic method, and linear regression. The results of the centrographic method reveal a positive LS in four metropolitan areas and a negative LS in three metropolitan areas. In general, the warehouses are close to the highways that cross the metropolitan area. In addition, the size of the metropolitan area has a negative relationship with the number of warehouses and the logistics sprawl indicator. The findings highlight the importance of public policies relating to urban freight transport and land use at a metropolitan level.


2020 ◽  
Vol 10 (2) ◽  
pp. 26
Author(s):  
Helena Tolkki ◽  
Arto Haveri

Due to the national importance of metropolitan areas, central governments seek to make them as attractive and competitive as possible. In many cases, this is done through state control over metropolitan areas and their governance arrangements. This article examines the relationship between state control and metropolitan governance capacity based on a comparative case study of four metropolitan areas: Auckland, Dublin, Montreal and Oslo. These areas represent different models of metropolitan governance, as well as different forms of state control. We studied state control by focusing on political and administrative decentralization: how independently can the metropolitan government make decisions and perform its tasks? The conclusion is that the different dimensions of decentralization are connected to capacity, but not straightforwardly. This study indicates that state involvement through different forms of control can increase metropolitan governance capacity, but only if it is combined with mandate and supportive policy actions.


2020 ◽  
pp. 135406612094647 ◽  
Author(s):  
Kate Cronin-Furman ◽  
Roxani Krystalli

Survivors of systematic violations of human rights abuses carry with them the evidence of their victimization: photographs of the missing, news clippings, copies of police reports. In some contexts, collecting and preserving these documents is part of an effort to claim benefits, such as official victim status or reparations, from the state. In others, it serves as a record of and rebuke to the state’s inaction. In this article, through a comparative case study of victim mobilization in Colombia and Sri Lanka, we explore how these dynamics play out in contexts with high and low (respectively) levels of state action on transitional justice. Drawing on in-depth fieldwork in both contexts, we examine grassroots documentation practices with an eye toward how they reflect the strategic adaptation of international transitional justice norms to specific contexts. We also examine how they organize relationships among individuals, the state, and notions of justice in times of transition from war and dictatorship. We argue that, beyond the strategic engagement with and/or rebuke of the state, these documents are also sites of ritual and memory for those who collect them.


2020 ◽  
Vol 15 (1-2) ◽  
pp. 126-154
Author(s):  
Kim B. Olsen

Summary Tasked with the implementation of complex geoeconomic instruments such as trade and investment regulations, targeted economic assistance and sanctions regimes, European ministries of foreign affairs (MFAs) are increasingly exposed to a field introduced as geoeconomic diplomacy. This article argues that traditional literature on states’ strategic use of economic power has underestimated how MFAs of liberal and tightly integrated market economies are challenged in their abilities to realise geoeconomic objectives. Mitigating such challenges requires diplomats to engage extensively with multiple domestic state and non-state actors relevant to the state-market nexus. Through a comparative case study of France and Germany, the article demonstrates how major European MFAs have recently streamlined their organisational approaches to the geoeconomic field in various ways, and analyses how French and German diplomats were bound to manage multifaceted, yet different, domestic agency relations in their quests to successfully implement the European Union’s sanctions regime against Russia in 2014-2016.


2017 ◽  
Vol 33 (3) ◽  
pp. 376-400
Author(s):  
Assefa Le-ake Gebru

This study is the result of a comparative case study about the protection of human right from the vintage point of the promotion of human security in Tigray and Afar National Regional States in Ethiopia. Despite the multifaceted differences between the two regions, the study shows how the universality of human rights and contextual nature of human security plays off and has comparatively examined the protection and promotion of human right and human security in the study area. In the academic literature, glossy either condemnation or admiration of the state of human right and human security in FDRE (Federal Democratic Republic of Ethiopia) is a common representation. However, this study contends that there are similarities and stark differences in the state of human rights and human security between the two regions. Still, human right violations remain to significantly hinder the promotion of human security. Besides political (threats and risks) insecurity, which is common to regions, livelihood insecurity in Afar, personal and physical insecurities in Tigray are major indicators of slack in human right protection.


2011 ◽  
Vol 25 (3) ◽  
pp. 229-254
Author(s):  
Hanan N. Malaeb

During the last 40 years, the State of Qatar has shown tremendous development at a rapid pace, thus becoming a powerful state both in the Gulf and international arena. The State of Qatar shares a concern for protecting the environment with the rest of the world. Rapidly increasing populations, pollution and wastes are increasing as well. The State of Qatar is addressing this concern by issuing many environmental regulations. In fact, it has ratified international conventions related to protecting the environment and waste management and has created environmental bodies such as the Ministry of Environment. Using collected data and comparison with other countries, this article will provide an assessment of Qatar’s recycling waste regulations, their efficiency and implications. Having evaluated the data, I propose that steps now be taken and plans made for the future.


2005 ◽  
Vol 8 (1) ◽  
pp. 65-83
Author(s):  
Byungchun So

This article explores an international ecological peace park such as a transboundary biosphere reserve of UNESCO's Man and Biosphere (MBA) or transborder protected areas of IUCN(International Union for Conservation of Nature and Natural Resource), and carries out a feasibility study on establishing an international ecological peace park in the Korean Demilitarized Zone (DMZ). The main purpose of this study is to make good use of the Korean DMZ not only as a natural environmental treasure but also as a peace education site. It takes a comparative case study of Poland, through field trips and interviews with local officers, and an international legal analysis regarding the legal status of the DMZ as well.


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