Exploring Community-Based Alternatives to Youth Incarceration

BY SHREYA VIJAY

The thought of completely transforming our current juvenile justice system may seem impossible, and when alternatives are posed, concerns about public safety, rehabilitation, and accountability are often cited in opposition. However, our current system does not actually address any of these concerns. The majority of youth in the system today are incarcerated for status offenses or probation violations rather than violent crimes. Rates of recidivism also remain high among youth who are incarcerated rather than diverted to community-based programs. For a system that costs taxpayers an exorbitant amount per juvenile, it is failing to deliver on its promises. Instead, it punishes youth for normal adolescent behavior and worsens existing trauma while continuing to target youth from marginalized communities. Though the rate of youth incarceration is decreasing, there is still a need to reform the existing system to promote safety, positive relationships, and involve developmentally appropriate services that can better serve youth who become trapped in this cycle…

What is a “Meaningful Opportunity?” Disparities in Youth Sentencing as Courts Test the Constitutional Floor

BY EILIDH CURRIE

When it comes to criminal culpability, the Supreme Court has consistently treated children in a manner different than adults. Because of this understanding, the Court has recognized that sentences of life without parole may be too harsh for minors. The Court has banned mandatory juvenile life without parole (JLWOP) but permits courts to issue discretionary JLWOP sentences. The Supreme Court also permits courts to impose lengthy sentences, often called “virtual” or “de facto” life sentences. However, when issuing these lengthy sentences, courts must ensure that a minor retains a meaningful opportunity for release. Striking this balance is a challenge for sentencing courts: how long of a sentence is too long? Which sentences equate to JLWOP? What is a meaningful opportunity?…

Juvenile “Justice”: A Preface

BY PRINCESS R. DIAZ-BIRCA

Less than twenty years ago, the United States Supreme Court ruled that sentencing a child to death is a violation of the Eighth Amendment. Since then, the juvenile legal landscape has rapidly evolved with advocates achieving a monumental victory in which the Supreme Court held that children are constitutionally different from adults, recognizing the growing science related to adolescent brain development and its key role in understanding the actions, and reduced culpability, of youth. However, following that decision, the political and legal landscape of the Court has again undergone major change, though in a different direction. Now a political minefield, advocates need to once again re-draw the maps to our former victories in order to know which legal challenges have the greatest chance of solidifying crucial protections for our youth…

Recognizing the Human Right to a Healthy Environment: Annotated Bibliography

By Solène Kerisit, Master’s Student in Public Economic Law, Sciences Po Law School and Martha F. Davis, University Distinguished Professor and Co-Director, Program on Human Rights and the Global Economy, Northeastern University School of Law

 

On July 28, 2022, the United Nations General Assembly (UNGA) adopted Resolution 76/300 recognizing the human right to a clean, healthy, and sustainable environment.  This is a historic step forward for environmental rights, but it is not the end point. Rather, this signals a new phase of international engagement, with more focused debates, more international consultations, and fierce, new legal actions to promote an effective “rights-based approach” to the crises of climate catastrophes, biodiversity loss, and pollution.

 

This guide was created to assist the scholars, advocates, and activists who are carrying this work forward and engaging with the further development and implementation of the human right to a healthy environment. Following this Introduction, Section I provides background on the development and recognition of this important new right. Section II addresses the challenges associated with defining the right to a healthy environment. Section III outlines human rights principles and standards related to the right. Section IV provides an annotated bibliography of resources that will support further research on, and development of, the right…

Cybersecurity and Gender-Based Violence: Proposals for Combatting Sextortion

By Adya Kumar

Society tends to view cybersecurity as an issue primarily for major institutions to grapple with. Phishing, malware, and social engineering were identified as top cybersecurity threats in 2020, and, as a result, companies were required to take steps to protect against cyberattacks that target “ransomware victims such as high-net-worth individuals.” Further, technological advancements have led to widely publicized security threats aimed at corporations or governments, as well as the personal data of millions of citizens who trust their crucial information to remain secure online and on their computers. But those most vulnerable to these cybersecurity threats—at risk almost daily—are not major institutions, but individuals, and the perpetrators are not simply seeking to steal personal data, but rather to steal their victims’ dignity. . . .

Celebrating the Life of Chief Justice Ralph Gants

An Event Hosted by Northeastern University School of Law

On September 23, 2020, Northeastern University School of Law hosted a virtual gathering to celebrate the life of Chief Justice Ralph Gants. Chief Justice Gants was a treasured friend and mentor to many in our community and a cherished husband of Professor Deborah Ramirez. While the Northeastern community mourns his passing, we strive to continue the extraordinary work that Chief Justice Gants began and to continue to carry on his legacy. The following are remarks made by family, friends and colleagues as our community came together to celebrate the life of Chief Justice Gants.