Rethinking Child Advocacy After Roper v. Simmons: "Kids are Just Different" and "Kids are Like Adults" Advocacy Strategies

Authors

Elisa Poncz

Abstract

The article examines the tension between two competing arguments in juvenile law: "kids are just different" and "kids are like adults." It critiques the binary approach often used in child advocacy and proposes a more nuanced, patchwork strategy that combines both perspectives to better serve the diverse needs of juveniles. The analysis focuses on key legal contexts, including the death penalty, life without parole, and minors' rights in medical decision-making, education, and internet access. The author argues that a balanced approach is essential to address the complexities of juvenile rights and responsibilities.

Disciplines

Constitutional Law | Criminal Law | Criminal Procedure | Law | Sexuality and the Law

Recommended Citation

Elisa Poncz, Rethinking Child Advocacy After Roper v. Simmons: "Kids are Just Different" and "Kids are Like Adults" Advocacy Strategies, 6 Cardozo Pub. L. Pol’y & Ethics J. 273 (2008).
Available at: https://larc.cardozo.yu.edu/cplpej/vol6/iss2/2