A Right to Liberty: Resources for Challenging the Detention of Children

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The use of cash bail in the criminal legal system—as one option of conditional release—was established for the sole purpose of ensuring the accused’s presence in court. However, when the bail amount is set at a figure higher than the amount reasonably calculated to fulfill this purpose, it is deemed excessive under the Eighth Amendment.7…

A Right to Liberty: Reforming Juvenile Money Bail

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The National Juvenile Defender Center (NJDC) performed a qualitative study to better understand bail practices in juvenile courts at the local level, and to ensure juvenile money bail is included in the national movement on bail reform. NJDC emailed an electronic survey to a select number of juvenile defenders from all 50 states, the District…

Ensuring Young People Are Not Criminalized for Poverty: Bail, Fees, Fines, Costs, and Restitution in Juvenile Court

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Juvenile courts across the country charge young people and their families bail, fines, fees, costs, and restitution without regard to children’s inability to pay. Such financial assessments are common in criminal courts, but in juvenile courts the consequences of such practices are even more detrimental, as they are exacerbated by children’s financial dependence. Children may…

DOJ Statement of Interest in Varden v. Clanton

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COVID-19 Motion for Formal Bail Hearing and Order Releasing Defendant on Own Recognizance (California)

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COVID-19 Defendant’s Motion for Pretrial Release (Washington)

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COVID-19 Defendant’s Motion to Modify Bail (Ohio)

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Petition for Writ of Habeas Corpus Challenging Pretrial Detention (Oklahoma)

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Fees, Costs & Fines Checklist for Youth Defenders

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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…