Cross Examination
The Pennsylvania Superior Court vacated an adjudication because the trial court prevented meaningful participation by defense counsel, violating due process. The court stated in relevant part: While delinquency proceedings may be conducted more informally than adult criminal cases, juveniles are nonetheless entitled to due process during adjudicatory hearings, which includes, inter alia, the right to confront…
This memorandum proposes language for a detention and disposition reform bill in California. The memorandum proposes four areas the detention reform bill aims to change including: 1) clarifying the legal standard for pre-adjudication detention of youth, 2) clarifying the juvenile court’s authority to determine whether pre-adjudication detention is still necessary, 3) clarifying the standard at…
“This pocket edition of the In re Gault opinion provides youth defenders, children’s advocates, and champions of justice with an invaluable tool: the constitutional mandate for the protection of children’s rights. The 1967 U.S. Supreme Court decision forever changed the landscape of youth justice. No longer could judges or probation officers use good intentions as…
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.
The Kentucky Court of Appeals vacated a young person’s conviction in adult court based on ineffective assistance of counsel during the transfer hearing. Noting transfer as a critical stage in the proceeding and defense counsel’s failure to present any lay or expert witnesses and effectively cross-examine the prosecution’s witnesses, the court concluded that the transfer…
An introductory guide to defending an arson case including what to look for in discovery, preparation for an arson invesigation, and myths related to arson forensic science.
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”…
On May 11, 2007, the Senate passed a resolution commemorating the 40th anniversary of the In re Gault decision, which upheld the right to counsel for children in juvenile court. The resolution reiterates the Supreme Court’s holding that juvenile court proceedings must “meet the essential requirements of the due process clause of the 14th Amendment to the…
