Adolescent Development
From the forward: “This paper raises important questions about the criminal justice system’s response to young adults. Recent advances in behavior and neuroscience research confirm that brain development continues well into a person’s 20s, meaning that young adults have more psychosocial similarities to children than to older adults. This developmental distinction should help inform the…
From the introduction: ” Recent Supreme Court cases have recognized the science underlying the common-sense notion that children are not “little adults.” Their brains function in a completely different manner than those of adults. In 2005, the Court abolished the juvenile death penalty and recognized the neuroscience underlying the claim that those under the age…
This expert affidavit from Dr. Eugene Griffin, an attorney and clinical psychologist and Director of Research for the ChildTrauma Academy, discusses the punitive and traumatic impact of indiscriminate shackling. Dr. Griffin highlights the impact of indiscriminate shackling on juvenile court proceedings, including making the court less safe, hampering a young person’s ability to effectively communicate…
This expert affidavit from Dr. Julian Ford, a clinical psychologist and professor of psychiatry at the University of Connecticut School of Medicine, discusses the stigmatizing experience of shackling on young people and the impact it can have on their sense of self and willingness to trust adults and participate as members of their community. Furthermore,…
The Supreme Court of South Carolina held that individuals sentenced to juvenile life without parole were entitled to resentencing hearings to present evidence about youthfulness, following the U.S. Supreme Court decision, Miller v. Alabama. The court stated in relevant part: “Miller is clear that it is the failure of a sentencing court to consider the…
From the abstract: “The study of adverse childhood experiences (ACEs) and their negative repercussion on adult health outcomes is well documented. In a population of insured Californians, a dose-response relationship has been demonstrated among 10 ACEs and a host of chronic physical health, mental health, and behavioral outcomes. Less widely studied is the prevalence of…
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…
From the summary: “It is critical for judicial officers, attorneys, probation officers, child welfare, and other professionals who work with youth to be knowledgeable about the impact of trauma on children’s development and on their emotional, behavioral, and cognitive functioning. Understanding trauma and the potential impacts on children who come before the juvenile and family…
This amicus brief by Juvenile Law Center, The Gault Center, and others argues Ohio’s mandatory bindover statute violates the Due Process protections guaranteed by the 14th Amendment of the U.S. Constitution as the mandatory scheme does not allow for individualized sentencing and recognition of the unique characteristics of youth. Further, amici argue individualized transfer proceedings…
This article, written by Mae C. Quinn and published in the N.Y.U. Review of Law and Social Change, examines the “various ways in which youthful online actions and interactions, like pubescent urban activities from decades before, are being prohibited by emerging laws and orders.” Further the article looks at our country’s “obsession of policing puberty”,…
This amici brief by Juvenile Law Center, Loyola Civitas Childlaw Clinic, and others argues automatic prosecution and mandatory sentencing of young people charged with felony murder is unconstitutional in light of recent Supreme Court case law as Illinois law does not allow for individual sentencing based on maturity and culpability. Furthemore, the brief argues the…
This amicus brief by Juvenile Law Center and others argues California Penal Code 190.5(b) is unconstitutional because it presumes life without parole is the appropriate sentence for certain young people in adult court and it disregards Miller’s requirement of individualized sentencing. Furthermore, amici argue that a young person’s sentence must provide a “meaningful opportunity to…
This amicus brief prepared by Children’s Law Center, Inc., the Office of the Ohio Public Defender, The Gault Center, and others argues that due process and fundamental fairness, pursuant to the 5th Amendment, the 14th Amendment and Ohio law, require the state to provide full discovery to a young person prior to a probable cause…
This amicus brief by Juvenile Law Center argues California’s Penal Code Sec. 190.5(b) is unconstitutional because it presumes life without parole is an appropriate sentence for [youth] and this presumption contravenes Miller’s requirement of individualized sentencing and that this type of sentence be uncommon for young people. Furthermore, amici argue any life without parole sentence…
The Arizona Supreme Court ruled the juvenile court did not abuse its discretion when it found a 16-year old youth’s consent to a warrantless blood draw was involuntary and granted his motion to suppress. The court offered the following language in support: “We hold now that, independent of § 28-1321, the Fourth Amendment requires an…
This amicus brief by Center on Wrongful Convictions of Youth, The Gault Center, and others argue a 15-year-old child from South Dakota did not knowingly and intelligently waive her Miranda rights when the police failed to allow her to consult with her mother before interrogation, minimized the importance of the Miranda warnings, and did not…
From the introduction: “This report will describe, dissect, and draw lessons from Connecticut’s striking success in juvenile justice reform for other states and communities seeking similar progress. The first section details the timeline and dimensions of change in Connecticut’s juvenile justice system over the past two decades. In 1992, Connecticut routinely locked up hundreds of…
This research article from Frontiers in Human Neuroscience asks, “does the brain activity underlying the production of deception differ depending on whether or not one believes their deception can be detected? To address this question, we had participants commit a mock theft in a laboratory setting, and then interrogated them while they underwent functional MRI…
This amicus brief by the Center on Wrongful Convictions of Youth, Vanderbilt Professor of Law and Medicine Terry A. Maroney, The Gault Center, and others. Amici argue a 16-year-old youth’s waiver of his Miranda rights was involuntary and his confession must be suppressed pursuant to the 5th and 14th Amendments, where he was threatened during…
On December 17, 2012, the U.S. Department of Justice entered into a settlement agreement with Shelby County and the Juvenile Court of Memphis and Shelby County in Tennessee following their investigation into the juvenile court system. The settlement agreement includes remedial measures to align the following practices with the U.S. Constitution: probable cause determinations, notice…
On December 17, 2012, the U.S. Department of Justice entered into a settlement agreement with Shelby County and the Juvenile Court of Memphis and Shelby County in Tennessee following their investigation into the juvenile court system. The settlement agreement includes remedial measures to align the following practices with the U.S. Constitution: probable cause determinations, notice…
