14th Amendment
The Gault Center released an update on the state of youth defense in Kansas, which centers the perspectives and experiences of young people impacted by the juvenile legal system, through a collaborative effort with Progeny, a youth-adult partnership in Kansas, TerraLuna Collaborative, a research consulting group, and Mulberry Art Gallery, which focuses on supporting emerging…
The Supreme Court of Minnesota ruled that due process requires an impartial judge and offered the following language in support. “We conclude by emphasizing that the Minnesota Constitution’s guarantee of due process includes the right to an impartial judge. Minn. Const. art. 1 § 7. We therefore clarify that our holding in this case—that due process…
This resource offers a brief overview of how children are transferred or bound over to adult court in Ohio and discusses what is at stake in the case of State v. D.T., 2024-Ohio-4482 (Ohio Ct. App. 2024) pending before the Ohio Supreme Court. The Gault Center filed an amicus in this case here. Oral arguments were…
The 10th District Ohio Court of Appeals reversed a judgment of voluntary manslaughter because the youth’s admission was not knowingly, intelligently, and voluntarily entered and offered the following language in support. “Ultimately, “[t]he purpose of Juv.R. 29(D) is to ensure that any decision by the accused to forgo his or her constitutional right to a trial,…
The concurring opinion of the Indiana Supreme Court outlines the standard for youth defense counsel under the 14th Amendment and offers the following language. “A juvenile‘s right to the effective assistance of counsel is the same right an adult enjoys for criminal prosecutions, and juveniles enjoy the right for the same reasons as adults: “The juvenile needs the assistance of counsel…
Offers an overview of the rights of noncitizen youth and strategies for youth defenders to safeguard these rights and mitigate harm throughout the course of representing youth in juvenile court.
The 7th Circuit Court of Appeals found that a liberty interest may exist for short periods of solitary confinement in deplorable conditions and offered the following language in support. “Jackson presented evidence showing that he was subjected to three months in appalling conditions of solitary confinement at Pontiac. Taking that evidence as true, Jackson had…
From the introduction: “The term ‘institutional bias’ identifies the concept that, throughout history, public policy and perception innately defer to institutionalization as the default living arrangement for people with mental health disabilities to segregate them from society. In theory, the passage of the Americans with Disabilities Act6 (ADA) in 1990 and the groundbreaking Supreme Court…
The Gault Center submitted an amicus brief in the Supreme Court of Ohio on a case involving a young person’s right to appeal a competence and transfer determination in juvenile court after entering a guilty plea in adult court. Outlining procedural justice arguments and the constitutional right to a competency and transfer hearing, the brief…
From the introduction: “Youth justice advocates, including lawyers, organizers, and other youth and adult movement builders, want to replace the current damaging, discriminatory, and ineffective juvenile and criminal legal systems1 with better approaches. We envision approaches that support children, help them f lourish, and contribute to a safe, equitable, and healthy community. How do we…
From the abstract: “The integration of algorithmic decision making and artificial intelligence (“AI”) into facial recognition technology poses new, unprecedented risks to privacy and individual autonomy rights, particularly in urban settings. The murder of Brian Thompson, CEO of UnitedHealthcare, in New York City on December 4, 2024, provides a timely case study to examine the…
Following the 20th anniversary of the Roper v. Simmons decision that ruled the death penalty unconstitutional for youth under the age of 18, the Death Penalty Information Center released a report on the latest science of adolescent brain development and evolving societal standards that recognize the need for heightened legal protections for 18- to 20-year-olds.…
This document is updated regularly to include the latest federal and state caselaw from across the country discussing racial justice issues.
