14th Amendment
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.
From the abstract: “This Essay draws on empirical research to compose a sketch of the criminal legal systems of several sparsely populated counties in central and eastern Washington State. The study reveals how, at times, the dearth of attorneys available to do the work of prosecuting and defending criminal cases is subjecting system-involved individuals to…
From the introduction: “In this Article, [the author] examines the question of whether state courts, under their state constitutions, may be better suited than federal courts to provide effective remedial measures designed to ensure that criminal defendants receive effective assistance of counsel in criminal prosecutions.”
On February 28, 2025, the Michigan Court of Appeals ruled that the trial court’s denial of a racial justice expert violated a young person’s due process rights to present a defense. This case involved an altercation between two middle school students involving the use of a racial slur and other racially derogatory comments. Defense counsel…
This report, by the U.S. Department of Justice Civil Rights Division outlines key highlights of the Division’s work from 2021 to 2024 across policing, juvenile facilities, schools and beyond.
