Myths and Realities in the Search for Juvenile Justice: A Statement by The Honorable Justine Wise Polier

1974 ◽  
Vol 44 (1) ◽  
pp. 112-124 ◽  
Author(s):  
Justine Wise Polier

The Honorable Justine Wise Polier retired from the bench of New York's Family Court in 1973 to head the Children's Defense Fund's program in juvenile justice,emphasizing the right to care and treatment. She has served as a judge since 1935. During those years, her work led her to become deeply involved in the lives of children in trouble. She has served as founder and president of the Wiltwyck School for Boys, member of the New York State Citizen's Committee for Children, the Mayor's Committee on Foster Care, the Advisory Board of the League School for Seriously Disturbed Children, the Board of the New York School for Nursery Years, the Policy Committee of the Office of Children's Services of the Judicial Conference, and the Judicial Advisory Committee on Crime and Delinquency, among others. Juvenile Justice Confounded was written under her chairwomanship of the Committee on Mental Health Services in the Family Court. Judge Polier is also the author of books and studies on the law and social welfare including Everyone's Children,Nobody's Child.

PEDIATRICS ◽  
1973 ◽  
Vol 51 (4) ◽  
pp. 799-803
Author(s):  
Edmund N. Joyner

We are attempting to do the job which our legislature mandated for public agencies. The legislature did not mandate the money to allow these agencies to effectively fulfill their responsibilities, nor were provisions made for a coordinating individual or agency to supervise and administer the procedures which were mandated. Until these deficiencies are corrected, the hospital must assume a much broader role in child abuse. The hospital is the logical agency which can immediately bridge the wide gap now existing in long-term protection and rehabilitation. That hospitals may be willing to step in and perform this function is suggested by the fact that as of June 1, 1971, 18 hospitals formed Child Abuse Committees at the request of the County Medical Society of New York. If under the present laws of New York state the hospitals are to take on this added burden–and we believe that they should–it is imperative that their work be given support and that recommendations of the hospitals' Child Abuse Committees carry great weight in the deliberations and decisions of the Bureau of Child Welfare and the Family Court.


1977 ◽  
Vol 23 (2) ◽  
pp. 131-135 ◽  
Author(s):  
Allan Conway ◽  
Carol Bogdan

A ten-year comparison of New York State Family Court records examines the differences in the way courts adjudicate adolescent delin quents according to sex and offense. A brief historical analysis of female offender statutes is included to provide background for speculative discussion of court biases regarding the noncriminal category of sexual misconduct. Attention is called to the improbability of altering adolescent behavior in any positive way through the punitive and highly moralistic means now employed.


PEDIATRICS ◽  
1951 ◽  
Vol 8 (2) ◽  
pp. 277-292
Author(s):  
GEORGE BAEHR ◽  
NEVA R. DEARDORFF

1. Under a comprehensive system of prepaid medical care (HIP), the services of qualified pediatricians, as well as of laboratories, clinical specialists, and visiting nurses have been made available to children without any extra charges to prevent their full utilization. 2. The 63,500 children under 15 years of age enrolled in HIP on March 1, 1951, constituted 24.5% of the total insured population on that date (259,170). Of these 36.0% were under 5 years, 34.6% between 5 and 9 years and 29.4% were aged 10 to 14. 3. Of the 5,500 children born into HIP since it was established four years ago, 90% were delivered by qualified obstetricians. 4. Since 1949 all infants are routinely under the care of a qualified pediatrician at least until the end of the first year of life, 48.5% of HIP children are cared for by pediatricians to school age, and almost 32% receive all their routine care from pediatricians to the age of puberty. 5. Of the 62 qualified pediatricians on the staffs of the 30 HIP medical groups, 40 are diplomates of the American Board of Pediatrics. 6. HIP has one pediatrician for each 1,025 enrolled children under 15. This is 2½ times the proportionate number available to children living in the larger urban centers of New York State, assuming that all of the pediatricians in the State are located in such areas. 7. In medical groups in which pediatricians provide child care to puberty, the proportion of home visiting is high as compared with their medical center, office, and hospital services; 34% of their services are home calls, 59% medical center or office calls, and 7% are rendered in the hospital. The pediatricians who serve chiefly as consultants do much less home visiting (8.4% of their total services) but provide a much higher percentage of medical center and office services (79.3%) and also a higher proportion (12.3%) of their services in the hospital. 8. Children under one year average 13.1 physicians' services per year, many of a purely preventive nature. Age-specific utilization rates have been computed for the 1948 experience on 500,000 physician services and are reported in this paper. 9. HIP's neonatal mortality rate was about 9 per 1,000 live births, whereas the rate of New York City as a whole during the same year was 20 per 1,000, of New York State 20.7 per 1,000, and of the country about 25 per 1,000. 10. An analysis is reported in this paper of HIP's experience with pediatric surgery during the last six months of 1949, which included 1,528 surgical procedures in relation to 27,925 enrollee years of children. 11. Although consultant services of psychiatrists can be provided under a comprehensive system of prepaid group practice, the pediatricians of the medical group must continue to carry the responsibility, as in any other system of medical care, for that large part of medical practice which is concerned with the behavior and emotional problems of childhood. In comprehensive group practice it has therefore been found desirable for the pediatrician to relieve the family physician of the routine care of young children in the family, at least during infancy and the preschool period.


Author(s):  
Mary Garvey Algero

Despite the fundamental differences between the doctrines employed in common law and civil law (or mixed) jurisdictions when it comes to the respect paid to prior court decisions and their weight or value, United States courts that follow the common law doctrine of stare decisis have embraced some of the flexibility inherent in the civil law doctrine, and civil law and mixed jurisdictions throughout the world, including Louisiana, that use the doctrine of jurisprudence constante seem to have come to value the predictability and certainty that come with the common law doctrine. This Article suggests that Louisiana courts are striking the right balance between valuing the predictability and certainty of interpretation that comes with a healthy respect for precedent and maintaining the flexibility and adaptability of the law by not strictly considering precedent a source of law. This Article discusses the results of an ongoing examination of the sources of law and the value of precedent in Louisiana. The examination involves a study of Louisiana legislation, Louisiana courts’ writings about the sources of law and precedent, and a survey of Louisiana judges. Part of the examination included reviewing Louisiana judicial opinions on various issues to determine if there were differences in valuing precedent based on area of law or topic. It also included reviewing judicial opinions from the United States Supreme Court and New York state courts to compare these courts’ approaches to the use of precedent with those of the Louisiana courts. The article is based on a paper presented to the Third Congress of Mixed Jurisdiction Jurists, which was held in Jerusalem, Israel in June 2011, and the author’s prior writings on the subject.


2016 ◽  
Vol 21 (3) ◽  
pp. 307-323 ◽  
Author(s):  
Leslie Paik

This article proposes a new theoretical model for studying family involvement in youth delinquency cases in juvenile court. It argues that before we can assess the family’s effect on case outcomes, we must first have a clearer understanding about the process by which family involvement is formed to consider the myriad factors that go beyond the idea of a ‘good’ or ‘bad’ parent. Based on qualitative data on families in New York City Family Court, this article shows how family involvement is not a predetermined factor but rather, the result of the institutional process itself as shaped by the family’s interactions with court staff as well as the youths’ behaviors and interactions with parents and staff.


2018 ◽  
Vol 17 (1) ◽  
pp. 35-46
Author(s):  
Mariana Josefina rey-Galindo

(analytical): This study focuses on an aspect of regional research initiated in 2015 promoted by Argentinian government organizations that I participated in as a Field Assistant. The objective was to raise awareness of and explain how a child can exercise their right to participate in legal matters, mainly in the Family Court. The areas covered by this area of research included: a) the right to be heard, and b) the right to have a lawyer. The study focused on children requiring legal representation in the province of Tucumán during the 2016/2017 period. The methodology used was descriptive and exploratory. A quantitative survey and qualitative analysis of the data was conducted. The results show that legal requirements are partially met and that access to justice for children and adolescents is a model to be followed by all operators of the legal system.


Author(s):  
Cohn Joshua

This chapter examines the most common aspects of the right of set-off in the United States, focusing on the State of New York. It also considers the U.S. Bankruptcy Code and its implications for the right of set-off. The chapter first considers contractual and statutory set-off outside bankruptcy proceedings and whether set-off can be considered a security interest before discussing set-off against insolvent parties. It explains how the right of set-off is affected by the automatic stay provision in section 362 of the Bankruptcy Code, the prohibition of creditor preferences, and fraudulent transfers. It also analyses choice of law issues arising in cross-border set-off, taking into account the relevant provisions of the New York State law and Chapter 15 of the Bankruptcy Code. Finally, it reviews the applicable rules for non-U.S. parties participating in a debtor's plenary Bankruptcy Code proceeding in the absence of a Chapter 15 ancillary proceeding.


1979 ◽  
Vol 7 (4) ◽  
pp. 457-461
Author(s):  
Ronald E. Johnson ◽  
Henry C. Weinstein

The authors conducted a survey of psychiatric residents in New York City to determine their familiarity with a New York State regulation dealing with a patient's right to refuse treatment which had been promulgated 2 years previously. Twenty percent of those responding did not know the regulation existed and 75 percent had never seen a copy of it. Sixty-one percent did not know of an important appeal procedure whereby a patient could implement the right. The implications for future residency training and additional studies are discussed.


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