Detention
“The week of December 10, 2018, Congress passed H.R. 6964, the Juvenile Justice Reform Act of 2018 (the Act) with overwhelming bipartisan support. The President signed the bill into law on December 21, 2018, amending the Juvenile Justice Delinquency Prevention Act (JJDPA) after years of collaborative efforts among juvenile justice organizations and advocates across the…
The U.S. Department of Justice filed a Statement of Interest in a federal class action lawsuit challenging the use of solitary confinement for 16- and 17-year-old youth in custody, including youth with disabilities. Calling for the federal district court to consider Supreme Court jurisprudence and growing scientific research on adolescent development, the DOJ asserts, “Juveniles…
From the introduction: “Immigration and Customs Enforcement (“ICE”) agents work inside Massachusetts jails, houses of correction, and prisons and may try to interview you or ask you to sign documents. Other corrections officers working with ICE may also try to question you about your immigration or criminal history. Anything you say to an ICE officer…
On December 14, 2016, the U.S. Department of Justice entered into a settlement agreement with the St. Louis County Family Court to remedy constitutional violations. The settlement agreement covers policies and practices to ensure the due process and equal protection rights of all youth are upheld. This includes early appointment of youth defense counsel, prohibition…
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: “This report highlights steps policymakers can take to combat inappropriate and unjust incarceration and criminalization of people with disabilities, as well as steps to ensure appropriate and humane treatment of people with disabilities throughout the justice system, from police practices to courts, conditions in jails and prisons, and reentry.”
On January 12, 2016, the DOJ released its second investigation findings on the Leflore County Juvenile Detention Center in Greenwood, Mississippi. The DOJ found “reasonable cause to believe that the provision of special education and related services at the Detention Center violate the federal rights of children under IDEA.” Specifically, the DOJ stated, “Our investigation…
On September 18, 2015, the U.S. Department of Justice entered into a settlement agreement with the city of Meridian to address the practice of arresting students in schools. The settlement agreement includes provisions that limit school-based arrests, including “for behavior that is appropriately addressed as a school discipline issue, including incidents involving public order offenses…
On September 18, 2015, the U.S. Department of Justice entered into a settlement agreement with the state of Mississippi about their probation and diversion practices. The settlement agreement includes provisions on protecting a youth’s right against self-incrimination, requiring probation orders to be written in simple terms to prevent arbitrary and discriminatory enforcement, and ensuring the…
On July 31, 2015, the U.S. Department of Justice released its investigation findings into the St. Louis County Family Court, finding due process and equal protection violations. The findings include right to counsel violations by denying constitutionally adequate defense representation, privilege against self-incrimination violations by requiring a child to admit to allegations for diversion, inadequate…
A proposed settlement agreement between the United States and Lauderdale County in the State of Mississippi after an investigation of the substantive and procedural due process rights of youth who appear in Lauderdale County Youth Court. The Settle Agreement proposes several remedial measures the named parties must take including creating a probation process that complies…
On March 31, 2011, Leflore County, Mississippi entered into a Memorandum of Agreement (MOA) with the United States to address the DOJ’s investigation findings into the Leflore County Juvenile Detention Center (LCJDC). The MOA outlines that LCJDC must provide young people with reasonably safe conditions of confinement, protect youth from harm, limit the use of…
On May 12, 2015, the DOJ filed a complaint in the U.S. District Court for the Northern District of Mississippi against Leflore County, Mississippi for engaging “in a pattern or practice of conduct that violates the Constitutional and statutory rights of youth at the Detention Center.” The complaint outlines 14th Amendment violations based on Leflore…
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.
From the introduction: “This report will describe, dissect, and draw lessons from Connecticut’s striking success in juvenile justice reform for other states and communities seeking similar progress. The first section details the timeline and dimensions of change in Connecticut’s juvenile justice system over the past two decades. In 1992, Connecticut routinely locked up hundreds of…
This tool is designed to assist juvenile defenders in assessing the quality of their detention advocacy. Defenders should check the box next to each step that they regularly take on behalf of a typical client. Upon completion of the checklist, defenders should review their answers to self-identify any gaps in their detention advocacy.
On December 17, 2012, the U.S. Department of Justice entered into a settlement agreement with Shelby County and the Juvenile Court of Memphis and Shelby County in Tennessee following their investigation into the juvenile court system. The settlement agreement includes remedial measures to align the following practices with the U.S. Constitution: probable cause determinations, notice…
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…
On December 17, 2012, the U.S. Department of Justice entered into a settlement agreement with Shelby County and the Juvenile Court of Memphis and Shelby County in Tennessee following their investigation into the juvenile court system. The settlement agreement includes remedial measures to align the following practices with the U.S. Constitution: probable cause determinations, notice…
