Gang Affiliation
The Fifth District Court of Appeal held that gang enhancements may form the basis of a petition for habeas relief and appointment of counsel under the state’s Racial Justice Act. The court stated in relevant part: “The present petition alleges racially disparate treatment, and it identifies the statutory subsections implicated as the basis for 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.…
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…
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 Court of Appeals of Washington remanded a transfer case to the superior court and offered the following language in support. “Our Supreme Court has made clear that trial courts must be vigilant in addressing the threat of explicit or implicit racial bias that affects a defendant’s right to a fair trial. We hold that…
From the executive summary: “• Police increasingly replace stop-and-frisk practices with databases that crudely profile Black and Latinx youth based on their neighborhoods, peer groups, and clothing. • These databases ruin lives: police typecast minority youths as gang members without evidence, putting them at risk of false arrest and wrongful deportation. • Many police departments…
The Center for Justice Innovation conducted an exploratory, participatory action research study of 103 youth ages 15-24 who reported carry guns in a neighborhood of Brooklyn. The research evaluates why these youth carry guns and proposing a collaborative approach to public safety. From the report: “The increase in gun violence experienced in many U.S.…
From the introduction: “At the turn of the 20th century, states began creating juvenile justice systems because they recognized that children are different from adults, are capable of change, and need support and opportunities for healthy development. Unfortunately, over time these juvenile justice systems became a maze – with many entrances in, and few exits…
From the abstract: “As the largest minority group in the United States, Latinas/ os have experienced a long history of discrimination, prejudice, and stigmatization as gang members. A contemporary survey of law enforcement agencies reported that Latinos continue to be the largest proportion of any racial or ethnic group involved in gangs. To describe such…
