Can They Do that to Me?! Does the Eighth Amendment Protect Children's Best Interests?

23 Pages Posted: 30 Jul 2012 Last revised: 31 Jul 2012

See all articles by Maryam Ahranjani

Maryam Ahranjani

University of New Mexico - School of Law

Date Written: 2011

Abstract

Children are our nation’s most valuable resource and also arguably our most vulnerable population. Recent decisions by the Supreme Court, including Roper v. Simmons (2005), Graham v. Florida (2010), and J.D.B. v. North Carolina (2011) indicate its willingness to consider the special characteristics of children in determining their rights; but, by and large, the Court’s analysis does not hinge on the best interests of the child. Can They Do That to Me?! Does the Eighth Amendment Protect Children’s Best Interests? explores case law in the public school and juvenile justice system arenas and concludes that a child-centered approach to punishment will yield better results for everyone – society, parents, and children.

Keywords: Eighth AMendment, children's rights, public schools, juvenile justice

Suggested Citation

Ahranjani, Maryam, Can They Do that to Me?! Does the Eighth Amendment Protect Children's Best Interests? (2011). 63 South Carolina Law Review 403 (2011), American University, WCL Research Paper No. 2012-28, Available at SSRN: https://ssrn.com/abstract=2120146

Maryam Ahranjani (Contact Author)

University of New Mexico - School of Law ( email )

1117 Stanford, N.E.
Albuquerque, NM 87131
United States

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