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Legal Perspectives

Our state and federal constitutions go hand in hand to lay the foundation of our liberties. In the name of living and breathing constitutional ideology we have become a litigious legal society. The overwhelming amount of new laws and case law sometimes obscures peoples basic rights and we need to fight against these limitations based on popular...

Our state and federal constitutions go hand in hand to lay the foundation of our liberties. In the name of living and breathing constitutional ideology we have become a litigious legal society. The overwhelming amount of new laws and case law sometimes obscures peoples basic rights and we need to fight against these limitations based on popular sentiment or ideology. Our founding is based on a solid and unmovable belief in the preservation of the right of ordinary people to be the primary source of power given by God.

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What is meant by “Juvenile Diversion”?

by Tom Rose I have mentioned diversion and diversion programs in various blogs. I thought I had a fairly good grasp of the concept until I began looking at the various different ways diversion was being implemented across the state. My first impulse was to pronounce some forms as just wrong. Reminds me of riding for Condict, he'd say "That's just w...

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Wyoming Asset Forfeiture Reform and the Art of the Possible

by Stephen Klein On Wednesday the Joint Judiciary Committee of the Wyoming Legislature voted to adopt a committee bill to reform civil asset forfeiture under the Wyoming Controlled Substances Act ("WCSA"). The law as it exists today allows Wyoming police to seize and the state to keep ("forfeit") property that they suspect is related to the drug tr...

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Behavioral Contracts: a Good Non-Judicial Tool or Just Another Pitfall

by Tom Rose During my research into non-judicial approaches to promoting good juvenile behavior, I discovered a tool which is currently very popular nationwide. Is this an appropriate tool in Wyoming? The findings are mixed and I'll share what I found on both sides of the issue. The tool is a behavioral contract and it is being used in schools and ...

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The Challenges of Decriminalizing Underage Alcohol Consumption

by Tom Rose As we have been exploring together in recent weeks, the proposed decriminalization of status offenses in Wyoming will be positive change for our juvenile justice system. This needed change will also leave several problem behaviors in justice limbo. From truancy to tobacco and alcohol consumption the status offense behaviors are dangerou...

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If Wyoming Decriminalizes Status Offenses What Happens Next?


by Tom Rose Last week I wrote about some trends in truancy laws and how truancy fits into the status offense decriminalization issues for Wyoming. Although most legislators with whom I speak about status crimes and other juvenile justice issues are well informed, I still run into people who are unaware that Wyoming regularly jails status offenders ...

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Troubling Trends in Truancy Laws – is Wyoming Next?

by Tom Rose In a recent Law Commentary article out of Texas, Research Associate Jason Snead of the Heritage Foundation highlights an anticipated change in Texas' truancy laws. According to the article, Texas has prosecuted over 100,000 juveniles for Class C misdemeanors merely for truancy. Although my own research completely contradicts Mr. Snead's...

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Supreme Court Strikes a Blow for Free Speech

by Wyoming Liberty Staff The United States Supreme Court unanimously struck down a town's sign regulations in Reed v. Town of Gilbert, Arizona because the regulations violated the First Amendment's free speech guarantee. In so doing, the Court reminded Americans and their local governments that First Amendment free speech rights are foundational to...

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Are We Sure Services is the Right Word?


by Tom Rose Last week we discussed the reemerging proposed legislative change from a CHINS program in Wyoming to a FINS program. In brief, CHINS is the acronym for Child in Need of Supervision which is basically a child whom Wyoming Department of Family Services (DFS) believes to be uncontrollable by the child's parents. CHINS legislation requires ...

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Decriminalizing Status Offenders in Wyoming: Where Do We Stand?

by Tom Rose In 1974 the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) was passed mainly for the purpose of deinstitutionalizing juvenile status offenders. Most states initiated the act over the next few decades. Wyoming did not. Last week wasn't the first time I've run into stories advocating for harsher treatment for juvenile off...

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Juvenile Justice Reforms: The Other Side of the Argument


by Tom Rose As citizens we all want our communities to be safe from violent crime no matter who is committing it. At the same time, we shouldn’t sentence our juvenile offenders of minor non-violent crime to a lifetime of institutionalization. As we go forward in reform efforts let us not forget that Wyoming’s overall violent crime arrests for eithe...

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Mailing Address:

1740 H Dell Range Blvd. #274
Cheyenne, WY 82009

Phone: (307) 632-7020