5th Amendment
Outlines steps that states must take to comply with the minimum requirements of the U.S. Constitution to protect the rights of youth facing deprivations of liberty.
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…
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…
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.
This amicus brief by the Juvenile Law Center and Rise for Youth argues schools and school officials are increasingly entangled with law enforcement, especially, through the use of school resource officer programs, impacting students’ constitutional rights. The brief argues that O.W., a 13-year old student in this case, had his Fifth Amendment rights violated when his vice principal and the school resource officer compelled him to make an incriminating statement…
The landmark case Miranda v. Arizona (1966), the United States Supreme Court required law enforcement agencies to advise all suspects of their “Miranda warnings,” or Constitutional protections, prior to interrogation. Previous research demonstrates that the Miranda warnings in the United States are largely unregulated and highlights how inadequate translations can impact comprehensibility. The present study…
From the introduction: “This project, which started in fall 2020, was initially intended to be significantly smaller than it turned out to be. Our coalition of authors intended to outline ways juvenile defenders could streamline their representation of youth charged with sex offenses. As the project gained momentum, this team of trial attorneys, social workers,…
“In this article, we address the question left unanswered by the Court in J.D.B.: In light of the substantial research establishing that children’s understanding and appreciation of the Miranda warnings are quite limited, must the traditional test for assessing the validity of an individual’s waiver of their Miranda rights be re-calibrated to take into account…
On December 14, 2016, the U.S. Department of Justice entered into a settlement agreement with the St. Louis County Family Court to remedy constitutional violations. The settlement agreement covers policies and practices to ensure the due process and equal protection rights of all youth are upheld. This includes early appointment of youth defense counsel, prohibition…
“This pocket edition of the In re Gault opinion provides youth defenders, children’s advocates, and champions of justice with an invaluable tool: the constitutional mandate for the protection of children’s rights. The 1967 U.S. Supreme Court decision forever changed the landscape of youth justice. No longer could judges or probation officers use good intentions as…
On September 18, 2015, the U.S. Department of Justice entered into a settlement agreement with the city of Meridian to address the practice of arresting students in schools. The settlement agreement includes provisions that limit school-based arrests, including “for behavior that is appropriately addressed as a school discipline issue, including incidents involving public order offenses…
On September 18, 2015, the U.S. Department of Justice entered into a settlement agreement with the state of Mississippi about their probation and diversion practices. The settlement agreement includes provisions on protecting a youth’s right against self-incrimination, requiring probation orders to be written in simple terms to prevent arbitrary and discriminatory enforcement, and ensuring the…
On July 31, 2015, the U.S. Department of Justice released its investigation findings into the St. Louis County Family Court, finding due process and equal protection violations. The findings include right to counsel violations by denying constitutionally adequate defense representation, privilege against self-incrimination violations by requiring a child to admit to allegations for diversion, inadequate…
- « Previous
- 1
- 2
- 3
- 4
- Next »
