Interrogation & Statements
The Supreme Court of Washington found a Miranda violation based on a totality of the circumstances analysis, which the Court noted must include consideration of race and age. The Court stated in relevant part: “The United States Supreme Court has established that in determining whether a suspect is in custody under Miranda, we must “‘examine…
In October 2025, the Gault Center convened over three hundred youth defense lawyers and advocates at our annual Youth Defender Leadership Summit. Together, we practiced the cultivation of community in service of building a more just, more liberated, and more human humanity for all children and for us all. This resource captures the shared learnings…
The Supreme Court of Washington vacated a conviction for second-degree murder, finding that the 16-year-old defendant’s waiver of rights was invalid, considering her age, recent head trauma, and lack of experience with the police. The court stated in relevant part: “Luna challenges several evidentiary rulings and argues that the court should have applied newly enacted…
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 Supreme Court of Maine vacated a conviction, finding that custodial statements should have been suppressed because there was no waiver of the privilege against self-incrimination, and offered the following language in support. “McLain did not clearly waive his privilege against self-incrimination and instead answered that it “depend[ed] on the questions” when asked if he…
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 Oregon Court of Appeals reversed a juvenile court adjudication based on insufficient evidence and provided the following language in support below. “Our case law makes clear, however, that [a] youth must have done more to be liable as an accomplice.” Youth did not have a legal obligation to refrain from being present or to discourage the behavior of…
Following the 20th anniversary of the Roper v. Simmons decision that ruled the death penalty unconstitutional for youth under the age of 18, the Death Penalty Information Center released a report on the latest science of adolescent brain development and evolving societal standards that recognize the need for heightened legal protections for 18- to 20-year-olds.…
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…
Abstract: In the wake of Miller v. Alabama and its progeny, there has been a wider acceptance that juvenile’s need more protections in our judicial system. This is a result of a growing body of research stating that young people’s brains do not fully develop until the age of twenty-five. States across the country are…
From the discussion: “The issue in this case is whether the circuit court erred when it denied K.R.W.’s suppression motion. This court reviews a suppression decision under a two-step analysis. State v. Meisenhelder, 2022 WI App 37, ¶7, 404 Wis. 2d 75, 978 N.W.2d 551. Findings of fact will be upheld unless they are clearly…
This report details the results of the first-ever state-wide Adverse Childhood Experiences (ACEs) survey administered to people currently incarcerated for crimes they committed as children (under eighteen). The trauma measured from ACEs surveys include physical, sexual, and emotional abuse; physical and emotional neglect; separation from parents; mental illness or substance abuse in the home; parent…
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…
The American Bar Association (ABA) passed a resolution urging all governmental authorities to enact laws and policies prohibiting police from utilizing deceptive practices during youth interrogations. Relying on adolescent development research and recognizing the inherent vulnerabilities of youth during police interrogations, the ABA outlines that “it is beyond dispute that interrogations of adolescents by law…
School-based arrests have long made up a substantial number of cases in the juvenile legal system. This is particularly true for Black, Native/Indigenous, and Latino students; immigrant students, students with disabilities, LGBTQ+ students, and other historically marginalized students. Despite significant decreases in the rate of serious crimes and violence on school campuses over the past…
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.
