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The Backdoor of the Juvenile Courts—Waivers and the Impact of Criminalization

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The Louisiana Law Review, The John D. and Catherine T. MacArthur Foundation, and The George W. & Jean H. Pugh Institute for Justice will host a symposium on March 19, 2010 at the Paul M. Hebert Law Center at Louisiana State University. The symposium will focus on the increasing use of statutory waiver and transfer provisions to try juveniles for offenses in the criminal courts, rather than the juvenile courts, and whether such a phenomenon can be reconciled with the original purposes resulting in the creation of juvenile courts a century ago. The speakers are distinguished scholars and policymakers who have written books or articles on the use of waivers or transfers of youth from the juvenile courts. The Louisiana Law Review will devote its entire Fall 2010 issue to the presentations of this Symposium.

Free CLE (5 Louisiana credits)   

The Symposium is free and open to the public, but pre-registration is required. Attorneys may receive five (5) Louisiana CLE credits. To register, please email your name, title and position to Brenda Salassi, Clinic Coordinator, Paul M. Hebert Law Center, P.O. Box 25080, Louisiana State University, Baton Rouge, LA 70894. For further information, contact 225/578-8262.or email clinic@law.lsu.edu

Pre-registration form.pdf

Details

Program Agenda

Friday, March 19, 2010

8 a.m. – 9 a.m. Registration and Coffee

9 a.m. – 9:30 a.m.  Welcomes – Professor Lucy McGough, Executive Director, Pugh Institute for Justice; Chancellor Jack Weiss, LSU Law Center; Dr. Debra DePrato, Project Director,  Models for Change Louisiana, the John D. and Catherine T. MacArthur Foundation

9:30 a.m. – 10 a.m.  The Stories of the Children of Transfer: Matthew Juneau, Articles Editor, Louisiana Law Review and Kelly Orians, Juvenile Justice Project of Louisiana

10 a.m. – 10:45 a.m. Waiver/Transfer Policy: Theory and Practice: Professor Frank Zimring, University of California at Berkeley Law School

10:45 a.m. – 11 a.m. Break

11 a.m. – 11:45 a.m. Discriminatory Use of Transfers:  Mark Soler, Executive Director, Center for Children’s Law and Policy

11:45 a.m. – 12:30 p.m.  Adolescence and Why the Usual Justifications for Waiver/Transfer Fall Apart: Professor Elizabeth Scott, Columbia University Law School

12:30 p.m. – 1:30 p.m. Lunch

1:30 p.m. - 2:15 p.m. A Conversation with Gerald Gault, introduced by Patti Puritz of the National Juvenile Defender Center

2:15 p.m. – 3 p.m. National Overview of Reform Efforts: Neelum Arya, Director of Research and Policy, Campaign for Youth Justice, Washington, D.C.

3 p.m. – 3:15 p.m. Break

3:15 p.m. – 4 p.m.  Prospects for Change for Louisiana – Panel Moderator: Derwyn Bunton, Orleans Parish Chief Public Defender; Panelists:  Hon. Mark Daugherty, Orleans Parish Juvenile Court; Louisiana State Sen. Daniel Martiny; and Pete Adams, Executive Director of the LDAA.

Symposium Speakers

Neelum Arya is the director of Research and Policy for the Campaign for Youth Justice, Washington, D.C. She is a graduate of the Kennedy School of Government at Harvard and the UCLA School of Law’s Program in Public Interest Law and Policy. In 2004, she was named a Soros Justice Fellow. The nationwide mission of the Campaign for Youth Justice is to end the practice of trying, sentencing, and incarcerating youth under the age of 18 years in the criminal justice system.

Gerald Gault—At the age of 15, Gerald Gault was accused of making a lewd phone call to a female neighbor who called the police to complain.   After a series of events that did not include written notice, adherence to rules of evidence or an attorney for Gerald, he was ultimately sentenced to state custody until his 21st birthday.  With the help of ACLU attorney Amelia Lewis and NYU School of Law Professor Norman Dorsen, Gerald’s parents, who were shocked at the loss of custody of their son, fought the case all the way to the Supreme Court.  The Supreme Court agreed with Gerald’s parents and his lawyers.  They found that youth should not face the awesome prospect of incarceration without the guiding hand of counsel.  Because of Gerald’s case, youth today have the right to counsel, the right to formal notice of proceedings against them, the right to cross-examine witnesses and a series of other due process protections.

Elizabeth Scott, Vice Dean and Harold R. Medina Professor of Law at Columbia Law School, received her B.A. from William & Mary and her J.D. from the University of Virginia. Since 1995, Professor Scott has been involved in empirical research on adolescents as a member of the MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice. She has written numerous books and scholarly articles. Her latest book is Rethinking Juvenile Justice (Harvard University Press, 2008 (co-authored with Laurence Steinberg)

Mark Soler, Executive Director of the Center for Children’s Law & Policy in Washington, D.C., is a graduate of both Yale University and Yale Law School. He has written numerous articles and book chapters on civil rights issues and the rights of children. He has received several awards for his work, including the American Psychological Association’s Distinguished Contribution to Child Advocacy Award, the American Bar Association’s Livingston Hall Juvenile Justice Award, and awards from the Alliance for Juvenile Justice and Office of Juvenile Justice and Delinquency Prevention.

Frank Zimring, the William G. Simon Professor of Law and a Wolfen Distinguished Scholar at the University of California, Berkeley, is also the Chair of the Criminal Justice Research Program at Boalt Hall’s Institute for Legal Research. He is a prolific scholar with many articles, chapters, and books published on various topics of criminal justice. Noteworthy for this symposium, he is the co-author and co-editor of the book The Changing Borders of Juvenile Justice: Transfer of Adolescents to the Criminal Courts. It should be noted that the title of this symposium, The Backdoor of the Juvenile Courts—Waivers and the Impact of Criminalization, was expressed by Professor Zimring.

Panelists

Derwyn Bunton: Derwyn Bunton is the Chief Public Defender for Orleans Parish. Mr. Bunton was formerly Executive Director of Juvenile Regional Services and the Associate Director of the Juvenile Justice Project of Louisiana. Mr. Bunton is a graduate of the New York University School of Law.

Hon. Mark Doherty: The Hon. Mark Doherty has been a judge in Orleans Parish Juvenile Court for more than a decade. He is currently Deputy Chief Judge and has previously served as Chief Judge of the court. Judge Doherty has been instrumental to juvenile justice reform in Louisiana, most notably by finding conditions of confinement at a notorious youth prison in Tallulah, Louisiana to be unconstitutional. Judge Doherty’s brave stance led to the closure of the Tallulah facility and helped spur reform of the state’s remaining juvenile prisons. Judge Doherty is a graduate of the LSU Law Center.

Sen. Daniel Martiny: Sen. Martiny has been representing District 10 in the Louisiana State Senate since 2008. Prior to that, Sen. Martiny served as a Representative in the Louisiana House of Representatives from 1994 until his election as senator. Sen. Martiny received his B.A. from Louisiana State University and his J.D. from Loyola University of New Orleans College of Law.

Pete Adams: E. Pete Adams has been the Executive Director of the Louisiana District Attorney’s Association for over 33 years and is also Director of the Louisiana District Attorneys Retirement System. Mr. Adams has also worked as an assistant Attorney General and is a past president of the National Association of Prosecutor Coordinators; the Louisiana Association of Public Employee Retirement Systems and the Louisiana Society of Association Executives. He is currently serving as a member of the Board of Regents for the National Advocacy Center. Mr. Adams graduated from the LSU Law Center in 1974.

 


 

The Louisiana Law Review is the student edited law journal of the LSU Law Center. Its officers are Christopher K. Odinet, editor-in chief; Sarah Perkins, managing editor; Matthew C. Juneau, articles editor; Sarah Frances Cable, production editor; Casey E. Faucon, executive senior editor; Kelly E. Brilleaux, senior editor; Keith J. Fernandez, senior editor; Carmen Tircuit Hebert, senior editor; and Gina M. Palermo, senior editor. Vickie Landry is the Law Review coordinator.

The George W. and Jean H. Pugh Institute for Justice of the LSU Law Center provides support for research, educational and pro bono activities that promote justice for individuals in the administration of the criminal and civil justice systems in the State of Louisiana and elsewhere.

Models for Change is a national initiative funded by the John D. and Catherine T. MacArthur Foundation to accelerate reform of juvenile justice systems across the country by creating replicable models for reform in select states. Through the Models for Change initiative, the LSU Law Center has been awarded a grant to develop a Model Juvenile Defense Practice & Policy Clinic based on best practices in both juvenile defense and clinical pedagogy. The ultimate goal of the project is to create a model curriculum and set of materials which will be a valuable tool for increasing the national capacity of law schools to train committed juvenile defenders capable of providing effective and zealous representation for the expressed interests of their clients and contributing to the reform of the juvenile justice system in their own jurisdictions.


Friday, Mar 19, 2010 - Friday, Mar. 19, 2010
Contact: Brenda Salassi, 225/578-8262

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