Detention
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…
On March 31, 2011, the Department of Justice released the findings of their investigation into the Leflore County Juvenile Detention Center (LCJDC) in Greenwood, Mississippi. The DOJ found that “[o]ur investigation revealed systemic, egregious and dangerous abuses perpetuated by a lack of accountability and controls.” The DOJ investigation uncovered that LCJDC fails to prevent unconstitutional…
This amicus brief by The Gault Center and others argues that Virigina curtails a child’s right to challenge the effectiveness of representation by defense counsel. Amici outline that habeas review is the only method that young people are able to protect their due process right to effective assistance of counsel, as no right exists to…
From the introduction: “This Note will argue that children in juvenile detention have a right to an adequate education based on state constitutional guarantees of education. This right can be used to challenge the inadequacy of the current educational services provided in juvenile detention facilities. The argument will proceed in three parts. Part I will…
From the introduction: “This brief tells the story of how the four Models for Change states—Pennsylvania, Illinois, Louisiana, and Washington—are already moving to reform and reshape their own state juvenile justice systems. These states have demonstrated strong leadership in juvenile justice policy, value collaboration and engagement, and because of their efforts, have changed the political…
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…
From the introduction: “This policy brief will review the work done in one jurisdiction that has succeeded in reducing the number of minority youth detained pre-trial, summarize the lessons learned from innovations in Multnomah County, Oregon, and highlight their national significance. While the more general nationwide picture on reducing racial disparity in the juvenile justice…
From the introduction: “Building Blocks for Youth, a national initiative to promote a fair and effective youth justice system, commissioned this report to determine whether it is possible to reduce the number of youth in secure detention and place young people who have gotten in trouble with the law in community programs, without incurring an…
This research from Building Blocks for Youth examines how adult court transfers impact youth in California. The researchers found that minority youth are 8.3 times more likely than white youth to be sentenced by an adult court to imprisonment in a California Youth Authority facility. From the report: ….At the present time, all 50 states…
The intended audience for this manual is defense attorneys who represent children in delinquency matters and in status offenses; the intended audience includes also disability rights attorneys and other public interest attorneys with an interest in representing children who are enmeshed in the delinquency system. Children strive to be productive and to be accepted. Children…
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