Due Process
From the Abstract: In Maine, there is no such thing as a child too young to be prosecuted. Maine’s Juvenile Code grants the juvenile court jurisdiction over a child of any age, even one who would have been considered too young to prosecute in the fifteenth century. As of 2024, just over half of states…
On February 28, 2025, the Michigan Court of Appeals ruled that the trial court’s denial of a racial justice expert violated a young person’s due process rights to present a defense. This case involved an altercation between two middle school students involving the use of a racial slur and other racially derogatory comments. Defense counsel…
On August 29, 2024, the Gault Center hosted a National Youth Defense Townhall focused on the role of youth defenders in transforming the juvenile legal system. The Townhall outlined a theory of change rooted in cultivating critical connections to harness our collective power to transform systems of harm and punishment. In attendance were nearly 200…
Challenging the Status Quo: Mobilizing Youth Defense Teams to Uphold Youth Rights & Uproot Injustice
This Racial Justice Webinar was hosted by the Gault Center and Georgetown Law’s Juvenile Justice Clinic & Initiative on May 29, 2024. The webinar focused on a collective call to action for the youth defense community to transform the juvenile legal system by centering youth and their constitutional rights to freedom, liberty, and equality. This…
This checklist can be used to assess the presence of constitutional violations throughout the course of a client’s case. Please refer to the National Youth Defense Systems Standards and their accompanying User Guide for litigation strategies to challenge potential constitutional violations noted in this checklist.
This User Guide provides advocates with a step-by-step outline of how to actualize the vision of the National Youth Defense System Standards to equip and invest in youth defense teams to fight for the liberation of all youth. The User Guide outlines constitutional rights detailed in the System Standards, provides a checklist to assess the…
From the abstract: “Since their inception in the late 1980s, zero-tolerance policies have been a cornerstone of American school discipline. Passed by legislators with the intent of protecting school children, these policies have disparately upended the education of marginalized students. School discipline of vulnerable students often paves the way to juvenile incarceration, which in turn…
Appeal from the Circuit Court of Pemiscot County, Division I Thirty-Fourth Judicial Circuit, Pemiscot County No. 18PE-JU00022 The Honorable W. Keith Currie, Judge
Outlines steps that states must take to comply with the minimum requirements of the U.S. Constitution to protect the rights of youth facing deprivations of liberty.
From the introduction: “The goal of the Kansas juvenile legal system is ‘to promote public safety, hold juvenile offenders accountable for their behavior and improve their ability to live more productively and responsibly in their community.’ Evidence shows that juvenile fees and fines do the opposite. This report outlines the ways in which fees and…
In February and March 2020, as COVID-19 spread throughout the United States, NJDC recognized a crisis facing youth involved in the juvenile courts and the attorneys tasked with defending them. The contagious nature of COVID-19 and the public health protocols meant to mitigate transmission heightened risks to the health and wellbeing of youth entering the…
Every jurisdiction is different and has different resources and laws governing whether children have access to counsel and at what stage in the proceedings. The recommendations that follow may be more difficult to implement in some jurisdictions than others. It is hoped that to the extent the recommendations cannot be fully implemented within your jurisdiction,…
