A Legal-Conceptual Framework for the School-to-Prison Pipeline: Fewer Opportunities for Rehabilitation for Public School Students

Authors

Brian J. Fahey, US District Court, District of Nebraska

Abstract

I. Introduction

II. Three Models for Regulating Juvenile Conduct ... A. The Criminal Punishment Model ... 1. Rights Attendant to the Criminal Punishment Model ... 2. A Framework for Recognizing Criminal Punishment ... B. The Juvenile Justice Model ... 1. Rehabilitative Beginnings ... 2. Recognizing Due Process Rights in Juvenile Justice ... 3. A Retributive Renaissance in Juvenile Courts ... C. The School Discipline Model ... 1. Sparse Constitutional Origins ... 2. Students’ Rights and Punishment in Schools ... a. Goss v. Lopez ... b. Ingraham v. Wright ... 3. What Goss and Ingraham Tell Us about Students’ Rights in School

III. The School-to-Prison Pipeline ... A. Zero-Tolerance Policies ... B. Referral of Students to the Juvenile System for Misconduct in School ... C. The Rise of the School Resource Officer

IV. The Negative Consequences of the Pipeline ... A. Counterproductive Results ... B. Disproportionate Effect on Minority and Learning-Disabled Students ... C. Discipline without a Purpose

V. Conclusion

Recommended Citation

Brian J. Fahey, A Legal-Conceptual Framework for the School-to-Prison Pipeline: Fewer Opportunities for Rehabilitation for Public School Students, 94 Neb. L. Rev. 764 (2015)
Available at: https://digitalcommons.unl.edu/nlr/vol94/iss3/7