Disposition
The Gault Center released an update on the state of youth defense in Kansas, which centers the perspectives and experiences of young people impacted by the juvenile legal system, through a collaborative effort with Progeny, a youth-adult partnership in Kansas, TerraLuna Collaborative, a research consulting group, and Mulberry Art Gallery, which focuses on supporting emerging…
The 4th District Court of Appeal in California struck a weapons probation condition and modified an association condition and offered the following language in support. “A term of probation is invalid if it: “‘(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires…
A California appellate court reversed a juvenile court’s disposition order committing a youth to a secure youth treatment facility and offered the following language in support. “Before committing a minor to a secure facility, the court must find no less restrict alternative disposition is suitable. In making this determination, “the court shall consider all relevant…
From the abstract: “The discipline of public health has begun to recognize the structural inequities of the carceral system as drivers of poor individual and population health. Thenumberofpeopleincarceratedandthelengthoftheirincarcerationdeterminethescopeandgravityoftheirexposureto these individual and public health effects. Plea bargains all but guarantee a period of incarceration, often for many years, because prosecutors have significant bargaining power against defendants…
This memorandum from the American Civil Liberties Union provides litigation strategies for defenders challenging electronic monitoring conditions for young people with disabilities. From the Introduction to the memorandum: “Overall, this research project/memo aims to reduce the use of EM for kids with disabilities. Although there is no straightforward disability or accommodations-related argument for ending EM…
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…
Professor Kris Henning and Rebba Omer authored a law review article on decriminalizing normal adolescent behaviors, race, and disabilities. This article maps a way forward for all system actors in the juvenile legal system to mitigate and buffer against the harms of juvenile legal system involvement for youth with disabilities. Specifically, this article outlines youth…
On April 9, 2025, the Oregon Court of Appeals found that a probation condition ordering a youth “to follow probation conditions as designated by OYA [the Oregon Youth Authority]” was legally insufficient to determine whether a young person violated a term of their probation. The Court explained, “without knowing what probation conditions OYA had actually…
In August 2024, the Office for Access to Justice hosted a convening on youth defense, calling attention to the urgent need to invest in youth defense specialization. “Such investments from the state and federal level are essential to safeguarding young people’s constitutional rights. Well-trained and specialized counsel help young people understand their rights as they…
This report from National Institute for Criminal Justice Reform offers six principles of a positive youth justice system (‘PYJS’) including: 1) Minimize contact with the juvenile justice system, 2) partner with youth and families to develop and share ownership of case plans, 3) community-based organizations should take the lead, 4) build on youth assets and…
