Desistance
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…
A sample disposition and mitigation memorandum filed in a juvenile court in Ohio.
This amicus brief from American Academy of Pediatric Neuropsychology, the American Civil Liberties Union of New Jersey, the Gault Center, and others argues there is no reasonable, scientific basis for drawing the line for adolescence at age 18, and therefore protections from Comer (including reconsideration of lengthy sentences for homicide offenses committed by individuals under 18) should extend to young people who were 18 to 20 years old. Additionally, the brief…
This amicus brief from the Center for Law, Brain, and Behavior highlights the adolescent capacity for significant growth and social maturation as well as criminological evidence on the unlikelihood of reoffending and responsiveness to evidence-based treatment among youth accused of sex offenses. The brief ultimately calls for the court to find that a de facto life without parole sentence is grossly disproportionate based on developmental science and research. From the Summary of Argument: “Evan McCarrick Jerald is…
This paper is part of the Series on Learning from Civil Rights Lawsuits from the Civil Rights Litigation Clearinghouse and focuses on parole review procedures for individuals serving long sentences for crimes committed under age 18, discusses constitutional dimensions of parole review for this group, and proposes model policies supporting a meaningful opportunities for release. From the Executive Summary: “In recent years, people serving…
Written testimony by BJ Casey, Ph.D. and Leah H. Somerville, PhD submitted to the US Sentencing Commission. The testimony argues that brain and behavioral development continues well into a person’s twenties.
This written testimony from Elizabeth Cauffman, Ph.D. and Arielle Baskin-Sommers, Ph.D. discusses what developmental science says about the impact of brain development on adolescent risk taking, decision making, and susceptibility to social and peer influence as it relates to a young person’s culpability. The testimony also provides information on diversion and its impact on lower recidivism and improved public safety. Below is an excerpt from…
This paper from the Executive Session on Community Corrections at the Harvard Kennedy School examines the history of youth incarceration and discusses how the inherently flawed model of youth prisons demands systemic reforms, including closure of youth prisons, to actualize safer communities, and positive youth outcomes. From the introduction: “For 170 years, since our first youth correctional institution opened, America’s approach…
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 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…
On October 24, 2012, the U.S. Department of Justice filed a complaint in the United States District Court, Southern District of Mississippi asserting that the City of Meridian, County of Lauderdale, and State of Mississippi are engaging in a “pattern or practice of unlawful conduct through which they routinely and systematically arrest and incarcerate children,…
On August 10, 2012, the U.S. Department of Justice released a findings report regarding their investigation of Lauderdale County Youth Court, Meridian Police Department, and Mississippi Division of Youth Services. The findings included the following violations: “(1) The City of Meridian Violates the Fourth Amendment by Arresting Children Without Assessing Probable Cause; (2) Lauderdale County…
This amicus brief by Juvenile Law Center, Campaign for Youth Justice, and The Gault Center argues the transfer hearing in the state juvenile court deprived the young person of due process when the judge only considered the intentional murder charge, when they were ultimately convicted on the lesser offense of felony murder and second degree…
The U.S. Supreme Court held juvenile life without parole for non-homicide offenses violates the 8th Amendment and offered the following language in support. “Roper established that because juveniles have lessened culpability they are less deserving of the most severe punishments. 543 U.S., at 569, 125 S. Ct. 1183, 161 L. Ed. 2d 1. As compared…
From the introduction: “In this Pathway we explore why youth of color are overrepresented in the juvenile detention system and review what has been done in some sites to reduce the number of minority youth in detention. Dealing with disparity in the use of detention has been one of the most challenging pieces of the…
