Due Process
“Being found in violation of probation has dire consequences. The person found in violation can be imprisoned, upending them from their job, family, and community. Unlike incarceration after a criminal trial, a sentence after a violation of probation is not the result of a legal process characterized by robust due process protections. It is also…
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.,…
The Fifth Court of Appeals of Texas reversed a sex offense adjudication finding a violation of due process and the right to confrontation when a state investigator signaled to a child witness during their testimony at trial. The court stated in relevant part: “Rather than being a permissible support person, Dear, looking like Santa, interjected…
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.
This complaint filed in the U.S. District Court for the District of Colorado challenges Colorado’s practice of keeping dually involved youth detained on a delinquency case due to a lack of placement options in the state’s foster care system. The complaint raises substantive and procedural due process violations and seeks declaratory and injunctive relief. “The…
The Pennsylvania Superior Court reversed a young person’s probation revocation, finding that the state’s failure to provide defense counsel with notice and discovery violated the young person’s due process rights. The court stated in relevant part: We recognize that “[d]ue process is a flexible concept which ‘varies with the particular situation.’” Bundy v. Wetzel, 646 Pa.…
The New Jersey Superior Court Appellate Division held that when individuals convicted of sex offenses in other states relocate to New Jersey, they are entitled to a hearing assessing whether their out-of-state conviction is “similar to” New Jersey Megan’s Law offenses before indicting individuals for failure to register, pursuant to their due process rights. The…
The Court of Appeals of Wisconsin held that the state’s reverse waiver statute was unconstitutional “to the extent it does not require circuit courts to consider the unique attributes of youth identified by the United States Supreme Court.” In Wisconsin, a youth’s case that is directly filed in adult criminal court may be sent to…
The Supreme Court of Wyoming held that a trial court must hold a separate disposition hearing in probation revocation proceeding. The court stated in relevant part: “Although Wyoming law does not require separate hearings for the adjudication and disposition phases of a probation revocation, each phase must be conducted in accordance with such law. The…
The 6th District Court of Appeal in California reversed an order denying a resentencing petition based on trial counsel’s failure to raise the implications of youthfulness and adolescent development in disputing implied malice in a felony murder case. The court stated in relevant part: “Lopez, 20, participated in the attack on Sandoval with two peers.…
In October 2025, the Gault Center convened over three hundred youth defense lawyers and advocates at our annual Youth Defender Leadership Summit. Together, we practiced the cultivation of community in service of building a more just, more liberated, and more human humanity for all children and for us all. This resource captures the shared learnings…
The Supreme Court of Washington vacated a conviction for second-degree murder, finding that the 16-year-old defendant’s waiver of rights was invalid, considering her age, recent head trauma, and lack of experience with the police. The court stated in relevant part: “Luna challenges several evidentiary rulings and argues that the court should have applied newly enacted…
“The right to have your day in court is foundational to the U.S. criminal legal system. Yet, many noncitizens in immigration detention facing criminal charges are denied this right when ICE routinely fails to produce immigration detainees to criminal court to resolve charges. In immigration proceedings, immigration judges regularly use those unresolved charges to detain…
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 Supreme Court of Minnesota ruled that due process requires an impartial judge and offered the following language in support. “We conclude by emphasizing that the Minnesota Constitution’s guarantee of due process includes the right to an impartial judge. Minn. Const. art. 1 § 7. We therefore clarify that our holding in this case—that due process…
This resource offers a brief overview of how children are transferred or bound over to adult court in Ohio and discusses what is at stake in the case of State v. D.T., 2024-Ohio-4482 (Ohio Ct. App. 2024) pending before the Ohio Supreme Court. The Gault Center filed an amicus in this case here. Oral arguments were…
The United States District Court in the Eastern District of California granted a preliminary injunction in immigration removal proceedings for minor T.M., ordering her release. The District Court offered the following language in support: “Petitioner R.D.T.M. is a noncitizen who entered the United States in 2023 as an unaccompanied minor. After entry, she was briefly…
This issue brief by the Juvenile Justice Initiative provides an overview of transfer laws in Illinois. Additionally, the brief reviews demographic data on young people who are being tried as adults and identifies the ways that transfer fails children and public safety in the state of Illinois. The brief ends by calling for a return…
The Supreme Court of Maine vacated a conviction, finding that custodial statements should have been suppressed because there was no waiver of the privilege against self-incrimination, and offered the following language in support. “McLain did not clearly waive his privilege against self-incrimination and instead answered that it “depend[ed] on the questions” when asked if he…
Youth defenders play a critical role in safeguarding the constitutional rights of noncitizen youth during encounters with immigration officials. This tip sheet provides an overview of the rights of noncitizen youth and strategies for youth defenders to safeguard these rights and mitigate harm throughout the course of representing youth in juvenile court. This tip sheet…
The 7th Circuit Court of Appeals found that a liberty interest may exist for short periods of solitary confinement in deplorable conditions and offered the following language in support. “Jackson presented evidence showing that he was subjected to three months in appalling conditions of solitary confinement at Pontiac. Taking that evidence as true, Jackson had…
