Conditions of Confinement
From the introduction: “This Article proceeds in three parts. Part I describes how federal courts have interpreted potential sources of substantive immigration detention law and why some have produced, through their decisions, lawlessness for immigrants facing poor conditions of confinement. I focus on three areas: substantive due process, statutory immigration law interpretation, and the enforcement…
This report, by the U.S. Department of Justice Civil Rights Division outlines key highlights of the Division’s work from 2021 to 2024 across policing, juvenile facilities, schools and beyond.
This report is the latest in a series of Juvenile Justice Initiative (JJI) reports on juvenile detention, building on prior research in concluding the time is ripe for a complete overhaul of the juvenile detention system in Illinois.
This report challenges the notion that Georgia’s youth legal system is built to rehabilitate and suggests measures that protect the health and humanity of all the state’s children. First, this report will explore the myth of the “superpredator” and its impact on perceived Black youth criminality. Second, it will detail the state’s school-to-prison pipeline and…
This report details the results of the first-ever state-wide Adverse Childhood Experiences (ACEs) survey administered to people currently incarcerated for crimes they committed as children (under eighteen). The trauma measured from ACEs surveys include physical, sexual, and emotional abuse; physical and emotional neglect; separation from parents; mental illness or substance abuse in the home; parent…
Developing a Positive Youth Justice System
This report from National Institute for Criminal Justice Reform offers six principles of a positive youth justice system (‘PYJS’) including: 1) Minimize contact with the juvenile justice system, 2) partner with youth and families to develop and share ownership of case plans, 3) community-based organizations should take the lead, 4) build on youth assets and…
On October 24, 2024, the U.S. Department of Justice filed a Statement of Interest in a federal class action lawsuit challenging conditions of confinement at the Mary Davis Detention Home in Galesburg, Illinois. The DOJ asserted, “The federal government, too, has repeatedly recognized that children are developmentally and constitutionally different than adults and that excessive…
Sample jury instructions outlining when physical force is by facility staff is unlawful against a young person.
A sample motion in a youth facility assualt case asking the court to order access to the facility for evidence collection, including viewing the scene and taking photographs of the facility.
A sample motion requesting the court to compel Colorado’s Department of Youth Services to comply with a subpoena duces tecum regarding records related to excessive force and physical abuse in their facilities.
A sample motion asking the Court to issue a subpoena duces tecum to the state youth department for material reports, documents, witness information, and video survelliance regarding an incident of physical restraint.
Sample jury instructions requesting the reasonable child standard in a case involving self-defense from unlawful physical force at a youth facility.
Sample jury instructions for self-defense in a case involving a young person defending themself against facility staff’s unlawful use of force or physical restraint against a youth at a residential facility.
Florida routinely pushes Black children out of schools and into a legal system with well-documented harms. In recent years, the state has made significant investments in school law enforcement and self-proclaimed “tough love” youth legal system policies, purportedly in the name of public safety. However, these investments have yielded a system that disparately disciplines, arrests,…
On August 29, 2024, the DOJ and the Connecticut Department of Correction entered into a settlement agreement with the following goals: “(1) ensure that children at Manson are not subjected to prolonged and improper isolation; (2) ensure that children at Manson receive appropriate mental health care; and (3) ensure that children at Manson receive appropriate…
By understanding the conditions facing incarcerated youth, the responsibility of the justice system, and strategies designed to improve outcomes, stakeholders can make informed decisions. After arming readers with the historical timeline necessary to understand Texas’ complicated history with its juvenile justice system, LSJA’s Reimagining Reform report issues a challenge to stakeholders during a crucial time…
This one-page infographic illustrates statistics from the Office of Juvenile Justice and Delinquency Prevention’s Juvenile Residential Facility Census
Semi-annual report from the Colorado Division of Youth Services on use of seclusion and restraint in their youth facilities.