Disabilities
On December 21, 2021, the DOJ released its investigation of the Connecticut Manson Youth Institution, finding that the conditions violate young people’s rights under the Eighth and Fourteenth Amendments and the Individuals with Disabilities Education Act. In its Investigation, the DOJ stated “specifically, we find that Manson’s isolation practices and inadequate mental health services seriously…
On May 26, 2021, the DOJ filed a Statement of Interest in a federal class action lawsuit on behalf students confined in the DC Jail during the Covid-19 pandemic, alleging violations of the Individuals with Disabilities Education Act (IDEA). The DOJ asserted that “[s]tudents with disabilities do not forfeit their right to special education and…
From the introduction: “This brief summarizes key findings from an unprecedented research study conducted by The Council of State Governments (CSG) Justice Center on the impact of juvenile justice system involvement—particularly probation— on school attendance in South Carolina and challenges jurisdictions across the country—as well as the broader field—to reconsider whether system involvement is the…
On September 14, 2020, the DOJ filed a statement of interest involving young people between the ages of 11 and 16 subject to “a broad range of unconstitutional conditions, including unsanitary and unsafe conditions, use of excessive force, overcrowding, lack of recreation and programming, inadequate health and mental health care, and inadequate educational services.” The…
In State v. K.A.B., the Court of Appeals of Washington held that the youth was entitled to a new capacity hearing based on defense counsel’s failure to thoroughly present a diminished capacity defense and the juvenile court’s application of an incorrect standard for capacity to commit a crime. The court offered the following language in support: “We reverse K.A.B.’s conviction because she received ineffective assistance of counsel. We…
From the introduction: “Communities across the country have come together to demand meaningful changes to law enforcement practices in the wake of the tragic murders of George Floyd, Breonna Taylor, and Rayshard Brooks at the hands of the police. The focus has rightly been on how deadly police actions have had an outsized impact on…
From the Introduction: “Currently, there is an overrepresentation of youth with communication disorders in the juvenile justice system (JJS) compared to the general population (Anderson et al., 2016; LaVigne & Rybroek, 2011). Current research also suggests that once a youth offender has entered the JJS, their odds of having further involvement in the JJS increases,…
The Ohio Appellate Court vacated a youth’s convictions and transfer order and offered the following language in support. “Because the juvenile court (1) did not identify all of the factors it considered, i.e., the “other information factors” referenced at the amenability hearing, (2) did not identify or discuss the factual or evidentiary basis for its…
This Article explores how race functions to ascribe and criminalize disability. It posits that for White students in wealthy schools, disabilities or perceived disabilities are often viewed as medical conditions and treated with care and resources. For students of color, however, the construction of disability (if it exists) may be a criminalized condition that is…
From the executive summary: ‘This comprehensive study of 804 New York City public middle and high schools sought to isolate the independent impacts of suspension, as well as to disentangle the effects, if any, of student, school, and neighborhood characteristics. Conversely, the study also explored the relationship of restorative justice and other positive practices to…
On June 26, 2019, the DOJ closed its investigation of the Leflore County Juvenile Detention Center. In its closing letter, the DOJ stated “[w]e recognize that the state has made many improvements at the Detention Center School over the course of our involvement. . . . Specifically, the Detention Center School has made strides to…
“Three widely discussed explanations of the punitive carceral state are racism, harsh drug laws, and prosecutorial overreach. These three narratives, however, only partially explain how our correctional system expanded to its current overcrowded state. Neglected in our discussion of mass incarceration is our largely forgotten history of the long-term, wholesale institutionalization of the disabled. This…
On November 15, 2018, a joint settlement was reached to address the conditions of confinement in Florida’s Palm Beach County Jail. The settlement agreement outlines comprehensive changes in the facility, including giving young people time and access to appropriate recreational activities outside of their cells during school hours. The settlement also limits the amount of…
On October 1, 2018, the DOJ filed a Statement of Interest in a federal class action lawsuit on behalf of young people confined in Florida’s Palm Beach County Jail. The DOJ highlights the protections afforded to students with disabilities under the Individuals with Disabilities Education Act (IDEA), and the “independent and shared” responsibilities and obligations…
On June 21, 2018, a federal class action lawsuit was filed on behalf of young people confined in the Palm Beach County Jail, alleging violations of their 8th and 14th Amendment rights under the U.S. Constitution. The plaintiffs are youth whose cases have been direct-filed in adult court in Palm Beach County, Florida. The complaint…
The Kentucky Supreme Court found that competency attaches for young people at transfer hearings pursuant to the 6th and 14th Amendments of the U.S. Constitution as well as Section 11 of the Kentucky Constitution. The Court reasoned that because transfer hearings are critically important proceedings as identified in Kent, competence must be established before transfer…
“In this article, we address the question left unanswered by the Court in J.D.B.: In light of the substantial research establishing that children’s understanding and appreciation of the Miranda warnings are quite limited, must the traditional test for assessing the validity of an individual’s waiver of their Miranda rights be re-calibrated to take into account…
An infographic outlining strategies for post-disposition advocacy.
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…
