14th Amendment
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…
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…
Challenging the Status Quo: Mobilizing Youth Defense Teams to Uphold Youth Rights & Uproot Injustice
This Racial Justice Webinar was hosted by the Gault Center and Georgetown Law’s Juvenile Justice Clinic & Initiative on May 29, 2024. The webinar focused on a collective call to action for the youth defense community to transform the juvenile legal system by centering youth and their constitutional rights to freedom, liberty, and equality. This…
From the introduction: “The report begins by examining the racial impact of the Persistent Offender Accountability Act (POAA) through data. The racially disparate application of the Three Strikes Law has been documented since shortly after the law’s passage and has held constant for more than two decades. This report presents the most recent data related…
From the introduction: “In this chapter, I consider the reciprocal effect of Black girls living within spaces and environments influenced by structural racism who are subjected to abuse at higher rates. I argue that there is a uniquely gendered and raced pipeline for these girls that warrants closer inspection. Here, I describe the pipeline that…
This checklist can be used to assess the presence of constitutional violations throughout the course of a client’s case. Please refer to the National Youth Defense Systems Standards and their accompanying User Guide for litigation strategies to challenge potential constitutional violations noted in this checklist.
This User Guide provides advocates with a step-by-step outline of how to actualize the vision of the National Youth Defense System Standards to equip and invest in youth defense teams to fight for the liberation of all youth.The User Guide outlines constitutional rights detailed in the System Standards, provides a checklist to assess the presence…
Appeal from the Circuit Court of Pemiscot County, Division I Thirty-Fourth Judicial Circuit, Pemiscot County No. 18PE-JU00022 The Honorable W. Keith Currie, Judge
On May 15, 2024, the DOJ submitted a letter to Kentucky Governor Andy Beshear to notify the state of the commencement of a DOJ investigation into nine juvenile facilities operated by the Kentucky Department of Juvenile Justice (DJJ). The specific issues the DOJ outlined they would investigate include excessive use of chemical force, physical and…
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…
From the introduction: “Although racial discrimination in the Deep South is not the outright focus of this Note—many other scholars have tackled this subject—it remains an underlying ugly truth that is woven into the conversation throughout. Rather than illuminate an already expansive area of jurisprudence, the Author has sought to address racial disparities in sentencing…
