14th Amendment

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Sample Motion for Court Order Allowing Defense Counsel Access to the Scene for Evidence Collection

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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. 

Sample Motion for Court Order Allowing Defense Counsel Access to Youth Facility for Evidence Collection

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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.

Sample Motion Opposing Transfer Under Tennessee’s Transfer Statute

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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. 

National Youth Defense Townhall Notes

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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…

State v. Quijas, 457 P.3d 1241 (Wash. Ct. App. 2020)

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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…

Juvenile Justice and Delinquency Prevention Act Historical Perspective

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[Connecticut] Manson Youth Institution: Settlement Agreement

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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…

Razing and Rebuilding Delinquency Courts: Demolishing the Flawed Philosophical Foundation of Parens Patriae

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Challenging the Status Quo: Mobilizing Youth Defense Teams to Uphold Youth Rights & Uproot Injustice

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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…

Justice Is Not a Game: The Devastating Racial Inequity of Washington’s Three Strikes Law

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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…

Black Girls and the Pipeline from Sexual Abuse to Sexual Exploitation to Prison

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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…

Heinous Allegations: Abuses in Youth Custody in Tulsa County, Oklahoma

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A Checklist to Assess the Presence of a Constitutional Violation under 34 U.S.C. 12601

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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.

National Youth Defense System Standards User Guide

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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…

Amicus Brief: In the Interest of D.C.M.

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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

[Kentucky] Kentucky Department of Juvenile Justice: Notice of Investigation 

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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…

Juvenile Life without Parole: Unusual and Unequal.

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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…

Same Crime, Different Time: Sentencing Disparities in the Deep South & A Path Forward Under the Fourteenth Amendment

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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…

Dangerous Data: What Communities Should Know about Artificial Intelligence, the School-to-Prison Pipeline, and School Surveillance

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This report reviews the expanding infrastructure of police surveillance in public schools and highlights the failure of AI technologies and digital surveillance in making schools safer. Further, the report discusses the harms these technologies may cause to Black and Latine youth and youth from other historically vulnerable communities. Calling on youth justice advocates, youth leaders,…

American Civil Liberties Union Amicus Brief, Ochoa v. State

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State Settlement Agreement, U.S. v. Lauderdale

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City Settlement Agreement, U.S. v. Lauderdale

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Complaint, U.S. v. Lauderdale

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Memorandum of Agreement Regarding the Juvenile Court of Memphis and Shelby County

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Early Access to Counsel in Police Precincts Data Collection Practices & Recommendations

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