Disposition
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…
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…
Walks through practical and concrete steps juvenile court judges can take to ensure safe and equitable access to courts for noncitizen and immigrant youth.
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…
