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
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: Suggested Citation