Document Type

Article

Publication Date

Spring 2026

First Paragraph

Childism, a term used only recently in United States legal discourse, has been acknowledged in other fields and internationally as akin to sexism and racism. It considers how individuals may be marginalized, excluded, or discounted based upon identity—here, the identity of youthfulness. However, the impact of childism on evidence law has been almost entirely overlooked.

This Essay seeks to further surface and challenge this phenomenon. Specifically, it uses the lens of childism to focus on youth and relevance in three different ways.Part I looks at the current conditions in our courts. When it comes to youth and evidence, a central concern has been whether the condition of youth or youthfulness is relevant to particular legal contexts or questions. These standards have been developed in a piecemeal fashion and apply in only limited instances.

Included in

Evidence Commons

Share

COinS