Due Process
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 presence…
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
This report reviews the expanding infrastructure of police surveillance in public schools and highlights the failure of AI technologies and digital surveillance in making schools safer. Further, the report discusses the harms these technologies may cause to Black and Latine youth and youth from other historically vulnerable communities. Calling on youth justice advocates, youth leaders,…
From the introduction: “This Essay proceeds in three parts. Part I defines community responsive public defense. Embracing the theme of this colloquium, it situates community responsive defense within the context of increased public awareness of criminal injustice and collective action against mass incarceration. Part II surfaces the work of four public defender organizations that are…
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,…
The defender’s unique challenge is to be the advocate—the voice—of the child. To meet this challenge, and to be able to offer the court the expressed interests of the child, the juvenile defender must master a diverse set of skills to uphold core ethical obligations and to help clients navigate the complexities of the justice…
Since the onset of the COVID-19 pandemic, juvenile courts across the country have adopted video and teleconferencing to conduct virtual hearings. Although initially embraced as an emergency measure, virtual proceedings continue to be utilized even as jurisdictions increasingly lift restrictions on in-person hearings. This new “hybrid” model is being heralded as a groundbreaking way to…
As a general principle and under normal circumstances, the National Juvenile Defender Center (NJDC) strongly opposes the use of remote hearings in juvenile delinquency proceedings. Remote hearings present serious due process concerns, as they create insurmountable barriers to effective assistance of counsel, harm attorney-client relationships and confidentiality, and lead to worse outcomes for youth. However,…
School-based arrests have long made up a substantial number of cases in the juvenile legal system. As a result, youth defenders often represent clients who have been seized, searched, or interrogated on school grounds. This guide provides a general overview of the law governing school seizures, searches, and interrogations and practice tips for challenging evidence…
