Harms of Incarceration
CfJJ delivered written testimony to the Massachusetts’ Joint Committee on Racial Equity, Civil Rights and Inclusion on information-sharing practices between the juvenile and criminal legal systems and federal immigration authorities. Following a review of public records requests around these practices, CfJJ found a pattern of collaboration between police, prosecutors, probation officers, and Immigration and Customs…
Sample Motion for Release from Secure Detention Using the JJDPA
A sample motion asking the court to release a young person charged with handgun or firearm possession from secure detention pursuant to the Juvenile Justice Delinquency Prevention Act (JJDPA). The motion argues the young person must be released because: 1) Possession of a handgun or firearm is a status offense since it is only unlawful…
Heat Camps: Juvenile Curfews, Extreme Heat & the Eighth Amendment
“For decades, in the summertime, America has confined certain of its youth in what are essentially open-air heat camps. In city after city, camp-form is established through the enactment of warm-weather juvenile curfews which keep the youth at home or in state-sponsored centers during summer nights and, increasingly, during days as well. Local governments justify…
Former Secretary of the Maryland Department of Juvenile Services, Vinny Schiraldi, wrote this op-ed, discussing President Trump’s deployment of National Guard troops in Washington D.C. and the District’s intentions to repeal lower the age for trying children as adults to 12 in the Youth Rehabilitation Act. The op-ed details Vinny’s reflections and observations during his…
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…
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 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…
This report from the National Center for Youth Law examines the emerging policies across the United States that are likely to reverse the downward trend of youth incarceration rates.
From the abstract: “The discipline of public health has begun to recognize the structural inequities of the carceral system as drivers of poor individual and population health. Thenumberofpeopleincarceratedandthelengthoftheirincarcerationdeterminethescopeandgravityoftheirexposureto these individual and public health effects. Plea bargains all but guarantee a period of incarceration, often for many years, because prosecutors have significant bargaining power against defendants…
From the conclusion” “Conclusion There is no question that the statistical picture of special education is bleak. But after its meeting of stakeholders, interviews with experts, and review of the research, NCD believes that IDEA and other related disability laws, with improved enforcement, can and should benefit at-risk students who are properly referred and served.…
From the introduction: “Youth justice advocates, including lawyers, organizers, and other youth and adult movement builders, want to replace the current damaging, discriminatory, and ineffective juvenile and criminal legal systems1 with better approaches. We envision approaches that support children, help them f lourish, and contribute to a safe, equitable, and healthy community. How do we…
From the introduction: “This Article proffers human dignity as a novel conceptual vehicle for capturing and articulating solitary confinement’s harm to personhood. Starting from the Supreme Court’s edict that “the basic concept underlying the Eighth Amendment is nothing less than the dignity of man,” this Article employs a construct of dignity-as-integrity—or wholeness—of personhood. Using dignity-as-integrity…
From the abstract: “This paper explores the inequitable treatment of the Intellectually and Developmentally Disabled and Autistic (IDD/A) population in the criminal justice system. Although progress has been made over the past century with understanding the unique needs of this population, they still face challenges at all stages of the criminal justice system. Behavioral, social…
Georgetown University Law Center Associate Professor Eduardo Ferrer penned this op-Ed on regarding the narrative that there is a “rise” in violent crime in D.C. This narrative is being used to justify regressive tough-on-crime policies that do not improve public safety. Professor Ferrer discusses the perception versus the reality of crime statistics and data, including…
This 2024 Impact report from Communities United for Restorative Youth Justice (CURYJ) focuses on the organization’s accomplishments, including the opening of CURYJ’s Youth Power Zone, a physical space that provides community-led, community-owned direct-service programming, advocacy and culturally-rooted healing. CURYJ also highlights the acquisition of a second physical space for community peace, healing, and resilience. Further,…
This report is the latest in a series of Juvenile Justice Initiative (JJI) reports on juvenile detention, building on prior research in concluding the time is ripe for a complete overhaul of the juvenile detention system in Illinois.