Disposition
The Oregon Court of Appeals vacated and remanded an adjudication finding that the trial court erred in failing to provide written findings and consider the youth’s best interest. The court stated in relevant part: Assessment of a youth’s best interest is “a child-focused consideration” and “must be child-centered.” Dept. of Human Services v. T. M. D.,…
This report from the Sentencing Project provides an overview of restorative justice (‘RJ’) diversion programs including research on the results of these programs, the advantages of RJ diversion programming over court involvement, benefits to victims, and recommendations for implementing RJ programs. From the Executive Summary: “Restorative justice (RJ) diversion programs address adolescent lawbreaking outside the court system using a process designed to address victims’ needs and repair the harm caused by youth misconduct.…
Summarizes what young people are saying about juvenile probation and offers a visual timeline highlighting the historical lineage of probation as a form of racialized social control.
Examines young people’s experiences on juvenile probation and the racialized history of juvenile probation in our country.
The Florida Court of Appeals, Second District, found the trial court erred when it decided to make an upward departure from the recommendation of the Department of Juvenile Justice’s recommendation and failed to explain why the departure was most appropriate for T.S.’s individual rehabilitative needs. The court reasoned in part: “Simply listing ‘reasons’ that are…
The Ohio Court of Appeals, Fourth District, vacated and remanded the trial court’s restitution order, where the trial court allowed unsworn testimony from the victim about restitution and a failed to hold a contested restitution hearing pursuant to state statute. The court reasoned in part: ““‘“[T]he amount of the restitution must be supported by competent,…
“Restitution laws, for the most part, have barely changed since their tough on-crime inception; juveniles therefore remain subject to lasting involvement in the criminal justice system—a burden that amounts to a financial death penalty. This article explains why juvenile restitution should now change too. The time has come for restitution that achieves its rehabilitative goals…
The California Court of Appeals, First District held the courts imposition of an electronics search probation condition invalid, finding under the first and third prongs of the Lent test that the condition “1)has no relationship to the crime which the offender was convicted, and 3) requires or forbids conduct which is not reasonably related to…
The Minnesota Court of Appeals held that the district court failed to make findings of fact required by statute when ordering restitution and remanded the case for the trial court to make the requisite findings. The court held in relevant part: “Juvenile-delinquency orders require written findings “to show that the district court considered vital standards…
The New Mexico Court of Appeals held that Malachi D. was reserved his right to appeal despite his plea, and the trial court erred in granting counsel’s request to dismiss the cause as the adjudication hearing was not heard in a timely manner. The court reasoned in part: “We believe that the judgment and disposition…
In re J.D., the Appellate Court of Maryland vacated the circuit court’s imposition of a suspended commitment to the Department of Juvenile Services because this dispositional option is not authorized by the Maryland Rules or the Juvenile Causes Act. The court offered the following language in support: “In our review of the Juvenile Causes Act, we found the statute to be clear and unambiguous. It plainly provides for three types of disposition: probation, commitment…
This proposed draft of a legislative “findings and declarations” document for a youth detention and disposition reform bill in California affirms the legislature’s commitment to make placement in juvenile detention “the exception, not the rule.” The draft findings rely on research regarding the impact of detention on young people, racial justice, developmental science, and California…
This memorandum proposes language for a detention and disposition reform bill in California. The memorandum proposes four areas the detention reform bill aims to change including: 1) clarifying the legal standard for pre-adjudication detention of youth, 2) clarifying the juvenile court’s authority to determine whether pre-adjudication detention is still necessary, 3) clarifying the standard at…
The Court of Appeals of Ohio, Eighth District, held that the trial court erred when it did not permit D.C. an opportunity to speak on his own behalf during the dispositional hearing, particularly when the trial court emphasized D.C.’s purported lack of remorse. The court stated in relevant part: “While appellant’s counsel spoke on his…
The Georgia Court of Appeals reversed a part of the adjudication and vacated the order of disposition based on insufficient evidence. The court stated in relevant part: “As to the second count of aggravated assault, K. R. argues that there was insufficient evidence to show that the nail clippers were an object that was likely…
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 Ohio Court of Appeals, Fourth Appellate District, held that the trial court erred in accepting I.R.M.’s plea because she did not validly waive her right to counsel, proceeded to disposition without a parent, guardian or custodian present, and abused its discretion by placing I.R.M. in a facility for six months. The court stated in…
This report from Vera Institute for Justice provides examples of reforms from various states that are working to reduce the incarceration of girls in detention and long-term placement. “Over the last decade, as a direct result of focused efforts by youth advocates and a growing body of research on developmentally appropriate practices, many states have…
The Oregon Court of Appeals held that a plea colloquy has to affirmatively demonstrate that a young person understands the “consequences of an admission, including the maximum disposition associated with it”. The court stated in relevant part: “For an admission by a youth to be valid, the youth must be aware, in a manner consistent…
The Missouri Court of Appeals, Western District held that courts must ensure that a juvenile court admission is voluntarily, knowingly and intelligently made, and requires the court to establish a factual basis. The court stated in relevant part: ““A plea of guilty is constitutionally valid only to the extent it is ‘voluntary’ and ‘intelligent.’” Booker…
Abstract: “Records generated by youth legal systems—or “juvenile justice systems”—are increasingly being used against young people in immigration proceedings. This practice undermines the core purpose of these youth-focused systems and can have devastating, life-altering consequences, including the denial of immigration benefits or deportation. Juvenile justice systems in the United States are founded on the recognition…
