Detention
The Fifth District Court of Appeal held that gang enhancements may form the basis of a petition for habeas relief and appointment of counsel under the state’s Racial Justice Act. The court stated in relevant part: “The present petition alleges racially disparate treatment, and it identifies the statutory subsections implicated as the basis for the…
CfJJ delivered written testimony to the Massachusetts’ Joint Committee on Racial Equity, Civil Rights and Inclusion on information-sharing practices between the juvenile and criminal legal systems and federal immigration authorities. Following a review of public records requests around these practices, CfJJ found a pattern of collaboration between police, prosecutors, probation officers, and Immigration and Customs…
This is a sample “youth report to the court” document (created by a Juvenile Court Judge in Iowa), for youth who are currently under the juvenile court jurisdiction. This report is provided to young people when they appear in court, asking if they would like the space to share pertinent information and ask questions of…
“The right to have your day in court is foundational to the U.S. criminal legal system. Yet, many noncitizens in immigration detention facing criminal charges are denied this right when ICE routinely fails to produce immigration detainees to criminal court to resolve charges. In immigration proceedings, immigration judges regularly use those unresolved charges to detain…
This report highlights D.C. transfer laws and discusses the current U.S. Attorney’s argument that the District of Columbia should amend its law to transfer more young people to to adult court. The report compares D.C.’s transfer law to transfer laws across the country and highlights decades of research that has concluded transfer laws do not…
The Third District Court of Appeals in Florida considered a writ of Habeas Corpus filed by petitioners India Comer and Shantearia Gaines, challenging their detention in an adult correctional center. The Court of Appeals granted the petition and issued the writ, ordering Ms. Comer and Ms. Gaines to be moved to the juvenile detention center.…
Former Secretary of the Maryland Department of Juvenile Services, Vinny Schiraldi, wrote this op-ed, discussing President Trump’s deployment of National Guard troops in Washington D.C. and the District’s intentions to repeal lower the age for trying children as adults to 12 in the Youth Rehabilitation Act. The op-ed details Vinny’s reflections and observations during his…
The United States District Court in the Eastern District of California granted a preliminary injunction in immigration removal proceedings for minor T.M., ordering her release. The District Court offered the following language in support: “Petitioner R.D.T.M. is a noncitizen who entered the United States in 2023 as an unaccompanied minor. After entry, she was briefly…
This report from the National Center for Youth Law examines the emerging policies across the United States that are likely to reverse the downward trend of youth incarceration rates.
From the conclusion” “Conclusion There is no question that the statistical picture of special education is bleak. But after its meeting of stakeholders, interviews with experts, and review of the research, NCD believes that IDEA and other related disability laws, with improved enforcement, can and should benefit at-risk students who are properly referred and served.…
The Sentencing Project released a report on adolescent gun possession cases, highlighting the harms of punishment and calling for comprehensive community-based initiatives to reduce gun violence. This report offers research on the reasons why youth carry guns, ranging from peer influence to past experiences of trauma and walks through how juvenile court systems typically respond…
From the introduction: “Youth justice advocates, including lawyers, organizers, and other youth and adult movement builders, want to replace the current damaging, discriminatory, and ineffective juvenile and criminal legal systems1 with better approaches. We envision approaches that support children, help them f lourish, and contribute to a safe, equitable, and healthy community. How do we…
From the abstract: “People who require gynecological and obstetric care and who are detained by U.S. federal immigration authorities face unique challenges. This article examines how the current legal and administrative landscape fails to hold those responsible for providing healthcare accountable, effectively blocking access to gynecological care, and, assuming no immediate abolition of immigrant detention…
