A Checklist to Assess the Presence of a Constitutional Violation under 34 U.S.C. 12601

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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.

National Youth Defense System Standards User Guide

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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…

Commonwealth v. Sheldon Mattis

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Juvenile Amenability in Discretionary Transfers

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115 Question Sample Cross-Examination

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Retaining a Forensic Mental Health Expert in Miller Cases

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Cases on Due Process and Experts in Transfer Proceedings

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Defendant’s Motion to Suppress In-Court Identification or Alternatively, Motion for Expert Funds for Cross-Racial and Identification Expert (Virginia)

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Defendant’s Motion in Limine to Exclude Expert Opinion Testimony (Virginia)

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Defendant’s Motion for Expert Funds for a Mental Health Expert (Virginia)

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Prospects For Developing Expert Evidence in Juvenile “Montgomery” Resentencing Cases

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Outline for Arson Investigation

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Checklist to Assist with Obtaining an Expert for a Juvenile Competency Evaluation

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Courtesy of Dr. Antoinette Kavanaugh

Checklist for Reviewing Juvenile Competency Reports and Preparing for Trial

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Courtesy of Dr. Antoinette Kavanaugh

Motion to Dismiss REDACTED speedy trial competency de minimus

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I.N. respectfully requests that this Court dismiss the above-captioned matter with prejudice pursuant to the United States Constitution and the Constitution of Maine, on the grounds that the State has violated I.N.’s right to a speedy trial by failing to conduct a competency evaluation within twenty-one days of the Court’s order, as is required by…

Functional Deficits in Juveniles Evaluated for Adjudicative Competence

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Evaluations of juvenile adjudicative competence (AC) are frequently ordered, yet significant gaps remain in the field’s understanding of referred youth. Using a sample of 277 court-ordered evaluations of juvenile AC, this study provides further support for the relationship of age and intelligence with competence, but other factors remain inconsistent. In the current study, developmental immaturity…

Juvenile Competency to Stand Trial a Systemic Look Under the Hood

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Juvenile competency to stand trial has historically involved the intrinsic abilities of a juvenile to understand and appreciate the nature of the proceeding against the juvenile and the juvenile’s ability to assist in his/her defense and communicate effectively with defense counsel. The literature has not addressed the recursive systemic competency process between the juvenile, defense…