A decade after national protests catapulted the Black Lives Matter movement following the police killing of Michael Brown in Ferguson, Missouri and four years after a national racial reckoning triggered by Minneapolis police officers killing George Floyd, lawmakers are wavering on their commitment to making the criminal legal system more just and effective. Many are…
This brief describes how states currently treat two categories of young people: youth who commit status offenses—behaviors that are not categorized as crimes—and young children who do not have the developmental capacity to fully understand the crimes they are committing. Through a 50-state scan of policy and practice, we detail how states respond to these…
This research article explores the history of girls prosecuted as adults in courts across the United States. It explores the effects of childhood trauma and victimization on brain and physical development and the connection to involvement in the criminal legal system as children. The article describes the results of a survey of young women who…
Studies consistently confirm that incarcerating young people causes great harm, including increased victimization, recidivism, school drop-out, and long-term physical and mental health issues. Fortunately, research also identifies what young people need for positive, healthy development. Alternatives to incarceration, such as release schedules, should be crafted to ensure each young person has time for and access…
This report presents the evolution of the second look movement, which started with ensuring compliance with the U.S. Supreme Court’s decisions in Graham v. Florida (2010) and Miller v. Alabama (2012) on the constitutionality of juvenile life without parole (“JLWOP”) sentences.12 This reform has more recently expanded to other types of sentences and populations, such…
A concentration of a few states has unevenly complied with Miller and the possibility of resentencing provided by Montgomery. Some states have refused to comply at all. This uneven implementation of the Miller decision has a particularly profound impact on racial disparities among those serving JLWOP. An analysis of those deemed worth protecting from JLWOP…
This report is the product of a one-year project to hear directly from Black communities about what safety means to them. The Black Public Defender Association, in partnership with the BlackRoots Alliance, Cook County Public Defender, and Northwestern University, conducted more than 100 interviews of Black residents in Chicago to collect their stories and advice…
This position paper reviews the research on disparities in justice system outcomes based on whether a person is represented by a public defender or by court-appointed private counsel finding that court-appointed counsel achieve less favorable outcomes due largely to differences in compensation and resources available to them. The paper also reviews the literature on the…
Duren Banks et al., Priority Crim. Just. Needs Initiative (2023). This report details gaps in research around the provision of public defense and provides recommendations for addressing those needs. Researchers completed a comprehensive scan of the current literature around the needs of public defense systems, obtained input from practitioners, and reviewed priorities of federal and…
The Ella Baker Center for Human Rights and Ceres Policy Research Center partnered with youth leaders in Alameda County, California, to assess the current landscape of the juvenile legal system and outline a youth-centered vision for the future. Utilizing a youth participatory action research protocol, this report relied on youth leaders to design and implement…