14th Amendment
School-based arrests have long made up a substantial number of cases in the juvenile legal system. As a result, youth defenders often represent clients who have been seized, searched, or interrogated on school grounds. This guide provides a general overview of the law governing school seizures, searches, and interrogations and practice tips for challenging evidence…
Young people and their families are routinely assessed fees, fines, and other costs in delinquency matters. These financial assessments are often ordered without an ability-to-pay analysis by the court. A young person’s inability to pay can lead to long-lasting consequences, increased recidivism, and youth and their families having to choose between paying fees or buying…
Abstract: “Nearly sixty years ago, In re Gault guaranteed children in juvenile court the right to counsel. However, Gault fell short. While recognizing children’s distinct vulnerability, the Court created a right for children that is weaker than that of adults and failed to recognize how youth in fact require a more expansive right to counsel. Grounded in the stories of…
From the executive summary: “• Police increasingly replace stop-and-frisk practices with databases that crudely profile Black and Latinx youth based on their neighborhoods, peer groups, and clothing. • These databases ruin lives: police typecast minority youths as gang members without evidence, putting them at risk of false arrest and wrongful deportation. • Many police departments…
From the Abstract: The United States Supreme Court has never acknowledged a constitutional right for those under the age of majority to be tried in juvenile court. The Supreme Court held in Kent v. United States that, if the State provides a hearing before a juvenile is transferred to adult court, the hearing must comport…
This amicus brief by the Santa Clara County Independent Defense Counsel Office argues the decision in People v. Hardin should be affirmed because historical legacies of racism disparately expose some adolescents to the legal system and this does not justify lifelong punishment without considering rehabilitation. From Introduction & Summary of Argument: “Youthful offender parole is authorized by age at the…
This amicus brief by American Civil Liberties Union and others argues that denying an opportunity for parole for young adults between the ages of 18 and 25 raises an equal protection violation given the racially disproportionate impact of life without parole sentences on young adults, resulting from “tough on crime” politics based in racial bias. From the Introduction: “In analyzing Petitioner Hardin’s equal protection…
The Court considers a question of first impression — whether a criminal defendant must be provided in-person interpreting services, rather than video remote interpreting (VRI) services, at his jury trial.
The U.S. Department of Justice filed a statement of interest in a civil lawsuit addressing the constitutional rights of youth who had been adjudicated delinquent and transferred to the Louisiana State Penitentiary’s former death row building, known as Angola. In their statement, the United States asserted that youth are particularly vulnerable to harmful conditions of…
This article traces the history of racist gun laws and how they interact with the Second Amendment, highlighting the racially disproportionate impact of gun charges on Black and Latine communities. Relevant language from the article includes: “As the courts increasingly look to history and tradition to determine the scope of the right to keep and…
Creates a case for holding states liable for abdicating their duty to ensure that all children have zealous representation.
On April 14, 2022, the DOJ filed a complaint against the South Carolina Department of Juvenile Justice for depriving youth confined in the Broad River Road Complex facility of their constitutional rights. The complaint highlights Fourteenth Amendment violations, namely that the Department of Juvenile Justice “(i) failed to reasonably protect children from youth-on-youth violence; and…
On April 14, 2022, the DOJ released its investigation findings of South Carolina Department of Juvenile Justice’s Broad River Road Complex. The investigation finds “, that there is reasonable cause to believe, based on the totality of the conditions, practices, and incidents, that: (1) the conditions at the Broad River Road Complex (BRRC), South Carolina’s…
On April 14, 2022, the DOJ entered into a settlement agreement with the South Carolina Department of Juvenile Justice to remedy conditions that violated young people’s constitutional rights at the Broad River Road Complex facility. The settlement agreement includes provisions that the Department “shall, at all times, provide youth at BRRC with safe living conditions,”…
On December 21, 2021, the DOJ released its investigation of the Connecticut Manson Youth Institution, finding that the conditions violate young people’s rights under the Eighth and Fourteenth Amendments and the Individuals with Disabilities Education Act. In its Investigation, the DOJ stated “specifically, we find that Manson’s isolation practices and inadequate mental health services seriously…
This brief by the Black Attorneys of Legal Aid, Bronx Defenders, and Brooklyn Defenders was filed in support of petitioners in the Bruen case. The brief points to the racialized history of denying Black and Latine people lawful licenses to carry guns and outlines racial disparities in gun possession cases. Amici submit this brief “because we…
From the Abstract: There is an ongoing debate over the legality and effectiveness of the use of judicial waiver as a tool to fight violent crimes, including those committed by children in the United States. Judicial waiver or transfer of juveniles is a process by which child offenders are transferred from the juvenile court to…
