Tag Archives: Juvenile Justice

Using Laws Designed to Protect as a Weapon: Prosecuting Minors Under Child Pornography Laws

Amy F. Kimpel

Texting on a qwerty keypad phone

Texting on a qwerty keypad phone (Photo credit: Wikipedia)

Abstract

Child pornography is exempt from First Amendment protection. However, in the age of “sexting,” social networking websites, and digital cameras, teens are increasingly engaging in behaviors that meet the legal definition of child pornography. Some minors have even been prosecuted and convicted for images they have taken of themselves. This article takes a critical look at the justifications for regulating child pornography created or consumed by minors and raises potential constitutional and statutory challenges to some prosecutions of minors under child pornography laws.

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Teach Your Children Well: Proposed Challenges to Inadequacies of Correctional Special Education for Juvenile Inmates

Elizabeth Cate

Abstract

Education for all children is an oft-repeated political tagline. While politicians claim to be committed to educating all children and states devote taxpayer dollars to improving public schools, education for an entire subclass of children—those with disabilities who are incarcerated in adult prisons—is suffering. These children, entitled to receive an individually-tailored education equal to that of their nonincarcerated peers, rarely receive their legal due. This article explores the failure of states to provide special education to juveniles incarcerated in adult prisons. The article examines this issue on a national level but focuses specifically on New York and Florida—two of the three states with the most juveniles incarcerated as adults—as a microcosm for the broader scope of the problem. The article proposes various ways for advocates and policymakers to attack inadequate special education in prisons.

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