14th Amendment
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.
On October 24, 2024, the U.S. Department of Justice filed a Statement of Interest in a federal class action lawsuit challenging conditions of confinement at the Mary Davis Detention Home in Galesburg, Illinois. The DOJ asserted, “The federal government, too, has repeatedly recognized that children are developmentally and constitutionally different than adults and that excessive…
A sample motion in a youth facility assualt case asking the court to order access to the facility for evidence collection, including viewing the scene and taking photographs of the facility.
A sample motion requesting the court to compel Colorado’s Department of Youth Services to comply with a subpoena duces tecum regarding records related to excessive force and physical abuse in their facilities.
This sample motion from Tennessee outlines why transfer is unconstitutional in Tennessee under the 8th Amendment of the U.S. Constitution, and Tennessee’s purpose clause. The brief highlights Supreme Court jurisprudence, scientific and medical research, and evolving standards of decency.
On August 29, 2024, the Gault Center hosted a National Youth Defense Townhall focused on the role of youth defenders in transforming the juvenile legal system. The Townhall outlined a theory of change rooted in cultivating critical connections to harness our collective power to transform systems of harm and punishment. In attendance were nearly 200…
The Oregon Court of Appeals held that the court must provide constitutionally adequate notice to a young person of a requirement to appear in person rather than remotely before making a finding of “failure to appear”. The court stated in relevant part: “Fundamental principles of due process require that an individual be provided with notice…
The Court of Appeals of Washington remanded a transfer case to the superior court and offered the following language in support. “Our Supreme Court has made clear that trial courts must be vigilant in addressing the threat of explicit or implicit racial bias that affects a defendant’s right to a fair trial. We hold that…
On August 29, 2024, the DOJ and the Connecticut Department of Correction entered into a settlement agreement with the following goals: “(1) ensure that children at Manson are not subjected to prolonged and improper isolation; (2) ensure that children at Manson receive appropriate mental health care; and (3) ensure that children at Manson receive appropriate…