Adolescent Development
Compiles key takeaways on transforming probation orders, highlighting youth voice, narrative strategies, and best practice recommendations rooted in research.
This guidebook from National Conference of State Legislatures provides information on current youth justice policy at the federal and state level exploring a range of youth justice policy areas rom age of juvenile court jurisdiction and transfer into adult court to diversion and probation. From the introduction: “Today, a sound body of youth justice law…
Offers concrete tools to reimagine and transform youth probation orders, including a Model Probation Order, self-assessment, and narrative guide.
The Gault Center and Juvenile Law Center filed an amicus brief in the Second Circuit Court of Appeals involving New York Police Department’s collection and storage of DNA. From the summary of argument: Amici write in support of Appellant to address the particularly harmful impact that Appellees’ DNA collection and storage practices have on children,…
The California 6th District Court of Appeal reversed a transfer order, clarifying that the prosecution bears the burden of proof to establish by clear and convincing evidence that a youth is not amenable to rehabilitation under the jurisdiction of juvenile court in order to transfer a youth to adult court. The court stated in relevant…
The Juvenile Law Center, the Gault Center, and Dr. Gia Elise Barboza-Salerno filed an amicus brief in support of an eleven-year old child who was deemed incompetent to stand trial and detained for competency restoration. From the introduction: Confining an eleven-year-old child deemed incompetent in a detention facility puts the child at grave risk of…
The Illinois First District Court of Appeals granted a full evidentiary hearing on a postconviction petition based on new research on late adolescent brain development that was unavailable at the original sentencing hearing in 2001 and a detailed affidavit connecting that research to the individual’s childhood abuse and trauma. The court stated in relevant part:…
Leveraging the State Constitution to Challenge Racialized Discretion in Washington’s Juvenile System
From the Abstract: In jurisdictions around the country, the criminal punishment system disproportionately impacts children of color at every stage: during arrest, diversion, and incarceration, and, most importantly for this Essay, during prosecution of children in adult court—which is among the most severely disproportionate aspects of the system. While the dominant narrative is that adult…
This infographic series on advancing best practices in youth justice from the RFK Community Alliance’s National Resource Center for the Transformation of Youth Justice provides accessible research on core practices driving change in youth justice and includes research on adolescent development and emerging adulthood, positive youth development and growth-focused case management, the negative effects of…
The D.C. Court of Appeals held that age and youthfulness should be considered as mitigating evidence in sentencing reconsiderations pursuant to D.C.’s Incarceration Reduction Amendment Act. The court stated in relevant part: As our prior decisions have made clear, the “[District of Columbia] Council initially passed the IRAA in response to several ‘constitutional imperatives’ declared…
From the Sentencing Project: “Despite their many flaws, juvenile courts are better for youth who break the law than are adult courts. Contrary to critics’ beliefs, juvenile courts regularly address serious and violent crimes. Juvenile courts do not offer a “slap on the wrist;” they often issue harsh punishments. The frequent alternative, sending youth to…
From the report by UCLA Center for the Developing Adolescent: “Adolescence, the years between 10 and 25, is a period of profound psychological, social, and brain development. Physical changes during these years are happening at the same time as changes to our social world, as we take on new responsibilities, gain new agency in our…
The Supreme Court of Massachusetts held that a transfer hearing is a “critical stage of the criminal process” that requires effective assistance of counsel under the 6th Amendment of the U.S. Constitution. The Court held that defense counsel’s failure to present evidence on youthfulness, developmental maturity, and rehabilitation prevented the judge from considering factors critical…
The Kansas Court of Appeals held that a youth may not be prosecuted as an adult if they were under the age of 13 at the time of the offense based on the court’s statutory interpretation of K.S.A. 38-2347. The court stated in relevant part: “From this review, we do not find that the Legislature…
Summarizes what young people are saying about juvenile probation and offers a visual timeline highlighting the historical lineage of probation as a form of racialized social control.
Examines young people’s experiences on juvenile probation and the racialized history of juvenile probation in our country.
The Court of Appeals of Washington remanded a case for resentencing finding that the trial court abused its discretion by “failing to place greater emphasis on Thang’s mitigating qualities of youth during resentencing,” pursuant to the Miller decision. The court stated in relevant part: “We agree with Thang that this analysis shows that the sentencing…
This one-pager from the Juvenile Law Center can be used as an educational tool for judges, policy makers, community members and other decision makers when talking about transfer to adult court. From the one-pager: “Policies that try children in the adult court system fail to consider the harms of youth transfer, the unique developmental characteristics…
This law review article written by Professor Kristina Kersey explores transfer as a form of punishment and calls for jurisdictions to enact a moratorium on transfer, drawing lessons from the movement to end the death penalty. Noting similarities between transfer and the death penalty, this article analogizes the two and argues that transfer mechanisms operate…
“Juvenile sex offender registration was never a natural fit for the youth justice system, but in the digital age, it has become deeply harmful. What began as a paper-based precaution has evolved into a sprawling digital regime that permanently brands adolescents at the most formative stage of life. This Article examines how technological change has…
This analysis by R Street highlights the need for states to establish a minimum age of arrest and minimum age of juvenile court jurisdiction. From the analysis: “Arresting elementary schoolers is traumatic, expensive, and ineffective, yet the question remains: How do we meet unmet needs without utilizing law enforcement? The answer lies in shifting from…
The Washington Appeals Division 2 reversed a conviction involving allegations of an 11-year-old child charged with attempted rape of a child, finding that the state failed to produce clear and convincing evidence that the child was capable of committing a criminal sexual act. The court stated in relevant part: “A child of at least 8…
The Court of Appeals of Wisconsin held that the state’s reverse waiver statute was unconstitutional “to the extent it does not require circuit courts to consider the unique attributes of youth identified by the United States Supreme Court.” In Wisconsin, a youth’s case that is directly filed in adult criminal court may be sent to…
This letter written and submitted to the Maryland Senate Judicial Proceedings Committee on behalf of the Gault Center, outlines its reasons for supporting Maryland Bill No. 323 (named the Youth Charging Reform Act), which would limit the types of cases eligible for automatic transfer to adult court. From the letter: “The Gault Center: Defenders of…
The 1st District Court of Appeals vacated a sentence involving, finding that the trial court failed to properly consider youthfulness at the time of offense as a mitigating factor. The court stated in relevant part: “Defendant argues that the trial court again failed to properly consider his youth at the time of the offense as…
