Adjudication
From the Introduction: “This Article will focus on the difficulties ex-juvenile offenders face when seeking expungement of their juvenile records to prevent collateral consequences. Specifically, I will argue that a person under the age of eighteen should not be subject to the same statutory expungement bar as adults when seeking an expungement in New Jersey.…
From the Abstract: “Modern doctrine and scholarship largely take it for granted that offenders should be criminally punished for reckless acts. Yet, developments in our understanding of human behavior can shed light on how we define and attribute criminal liability, or at least force us to grapple with the categories that have existed for so…
The Iowa Supreme Court struck down mandatory minimum sentencing schemes as applied to a young person transferred to adult court, finding mandatory minimum sentences to be in violation of federal and state prohibitions against cruel and unusual punishment and the best interest clause in Iowa’s juvenile code. The court notes “the statutory recognition of the…
A practice guide for youth defenders in delinquency cases when litigating suppression issues. This guide covers all aspects of litigating a suppression motion: from drafting the motion, securing witnesses, evidentiary considerations, appellate preservation, and procedural aspects of the suppression hearing that may arise at the suppression hearing, during trial. and on appeal.
Report to Colorado General Assembly on the State of the Youth Defense System in Colorado pursuant to House Join Resolution 13-1019, whose purpose was to “examine and make recommendations on current laws, procedures and practices for the appointment of counsel, advisement of rights and waivers of counsel for children in juvenile delinquency court.” This report…
This amicus brief by Loyola Civitas ChildLaw Center, Juvenile Law Center, The Gault Center, and others argues there is a per se conflict of interest when a child’s defense attorney also acts as their guardian ad litem. The brief argues the guardian ad litem’s ethical and legal obligation to act in the child’s “best interest”…
This amicus brief by The Gault Center and others argues that Virigina curtails a child’s right to challenge the effectiveness of representation by defense counsel. Amici outline that habeas review is the only method that young people are able to protect their due process right to effective assistance of counsel, as no right exists to…
This amicus brief by Center on Wrongful Convictions of Youth, Juvenile Law Center, and others argues that a juvenile court adjudication should not be used to enhance a sentence in adult court under Apprendi v. New Jersey, 530 U.S. 466 (2000), because a juvenile court adjudication lacks the same reliability as a criminal conviction, and…
This amicus brief by Southern Poverty Law Center, The Gault Center, and others argues Sherri Jefferson, a youth defense attorney in Georgia, must have her contempt conviction overturned after she professionally and zealously advocated on behalf of her young client in an adjudication in juvenile court. Amici argue the Supreme Court clearly held that children…
This study examined the relationship of legal capacities to cognitive development, legal learning opportunities, and psychological symptoms. Participants were 152 male and female [adolescents] charged in juvenile court proceedings and held in detention, aged 11–17. The youth completed Grisso’s Instruments for Assessing Understanding and Appreciation of Miranda Rights, the Fitness Interview Test (Revised Edition), the…
The U.S. Supreme Court ruled the Due Process Clause of the Fourteenth Amendment did not assure the right to a jury trial for youth in juvenile court. Here is excerpted language from the decision: “The juvenile concept held high promise. We are reluctant to say that, despite disappointments of grave dimensions, it still does not…
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