« Should advocates of federal criminal justice reform be rooting for Republicans to take control of Senate? | Main | SCOTUS preview guest-post: "Measuring the Dangerousness of Felonies for Sentencing Purposes" »

October 3, 2014

"The Future of Juvenile Appeals in the United States"

The title of this post is the title of this new paper by my OSU colleague Katherine Hunt Federle now available via SSRN. Here is the abstract:

Appellate review of delinquency adjudications is necessary to protect the rights of juvenile defendants and preserve the integrity of the juvenile process.  Review is no less important than in adult criminal courts, where the reversal rate on appeals is high enough to suggest that “depriving defendants of their right to appeal would expose them to an unacceptable risk of erroneous conviction.”

Unfortunately, juveniles often fail to exercise this essential right because they are discouraged to do so by courts, denied access to the tools necessary to appeal, or lack the sophistication or means to file appeals.  Moreover, because of strict time limits for filing, appellate rights expire.  These time frames, which impose an unnecessary and unfair bar to effective review, are inconsistent with protections afforded juveniles in non-delinquency matters.  Tolling the time within which to file an appeal during minority, however, may ensure greater (and necessary) access to the appellate courts.

October 3, 2014 at 11:11 AM | Permalink

TrackBack

TrackBack URL for this entry:
https://www.typepad.com/services/trackback/6a00d83451574769e201b7c6ec8652970b

Listed below are links to weblogs that reference "The Future of Juvenile Appeals in the United States":

Comments

Where does Prof. Federle that appellate reversals have any validity whatsoever? The overwhelming majority are to further the rent seeking economic interest of the lawyer hierarchy in government make work jobs for lawyers.

Posted by: Supremacy Claus | Oct 4, 2014 7:17:35 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB