Juvenile Life Without Parole

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What Goes Up But Never Comes Down? Juvenile Punitive Practice Within the United States

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From the Introduction of the Paper:  “The U.S.’s failure to implement an internationally abiding federal law regulating juvenile justice has important implications on the treatment of incarcerated adolescent populations while incarcerated, rehabilitated, and reintegrated into society. This article will analyze the harmful and outdated legal frameworks and institutional structures of the U.S. juvenile justice systems.…

Race, Racial Bias, and Imputed Liability Murder

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This Article is one of the first to explore the racialized impact of the two most controversial and ubiquitous forms of what we call “imputed liability murder.” An analysis of ten years of murder prosecutions in the state of Minnesota reveals that imputed liability murder is anything but a fringe subtype of homicide: an astounding…

Unshackled: Stories of Redemption Among Serious Youth Offenders

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Advancing Racial Justice Through the Restatement of Children and the Law: The Challenge, the Intent, and the Opportunity

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From the Introduction:   “Racial inequities are addressed to varying degrees in at least three of the four sections of the Restatement of Children and the Law. This Essay evaluates whether and how well this Restatement advances racial justice and identifies additional opportunities for the ALI to address racial inequities now and in future iterations of the Restatement. The…

In the Matter of the Personal Restraint of Miller

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People v. Parks Opinion

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Jones v. Mississippi Opinion

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Montgomery v. Louisiana, 577 U.S. 190 (2016)

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In the Matter of Monschke Opinion

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Miller/Montgomery Evaluation Records Request Guide

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The Supreme Court and the Transformation of Juvenile Sentencing

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Miller v. Alabama, 567 U.S. 460 (2012)

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Defendant’s Memorandum in Aid of Sentencing (Virginia)

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“Children are Different” and Their Lawyers Should Be Too

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Abstract:  “Nearly sixty years ago, In re Gault guaranteed children in juvenile court the right to counsel. However, Gault fell short. While recognizing children’s distinct vulnerability, the Court created a right for children that is weaker than that of adults and failed to recognize how youth in fact require a more expansive right to counsel. Grounded in the stories of…

Fletcher v. State, 532 P.3d 286 (Alaska Ct. App. 2023)

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Sample Client Life Timeline for Visual Advocacy

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A sample visual timeline capturing specific events in a client’s life for use as mitigation in different stages of a case, including: trial, disposition or post-disposition proceedings, sentencing, or parole advocacy. 

People v. Heard, 83 Cal. App. 5th 608 (Cal. Ct. App. 2022)

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State v. Thomas, 269 A. 3d 487 (N.J. Super. Ct. App. Div. 2022)

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No End in Sight: America’s Enduring Reliance on Life Imprisonment

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Sample Client Disciplinary History Graph for Visual Advocacy 

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A sample disciplinary conduct history chart to use at different stages of the court  or case proceedings especially in dispositional, post-dispositional, sentencing, or parole advocacy. 

Rethinking Approaches to Over Incarceration of Black Young Adults in Maryland

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From the conclusion: “Maryland has the most extreme racial disparities for those incarcerated for long terms in the United States. That should alarm Maryland leadership and its residents. These disparities are rooted in policing practices that target communities of color, a lack of investment and opportunity in historically disadvantaged neighborhoods, and an overly punitive sentencing,…

Brief on Behalf of Amicus Curiae in Support of Petitioner

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Making the Case for Young Clients: Supreme Court Quotes for Bolstering Juvenile Defense Advocacy

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This brief highlights the United States Supreme Court’s most important language in landmark cases about young people’s rights. These quotes can be used to bolster the arguments and pleadings of juvenile defense attorneys and advocates as they defend youth caught in the legal system.

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

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This article from Dr. Antoinette Kavanaugh and Dr. Thomas Grisso examines the roles experts can play in “Montgomery” resentencing cases. From the article: “In summary, experts can play an important role in the approximately five hundred Miller/ Montgomery cases pending in Pennsylvania’s courts. Experts retained by the defense can serve as educators or evaluators. In…

Trial Defense Guidelines: Representing a Child Client Facing a Possible Life Sentence

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The Campaign for the Fair Sentencing of Youth issued Trial Defense Guidelines for representing youth facing a possible life sentence. “The objective of these guidelines is to set forth a national standard of practice to ensure zealous, constitutionally effective representation for all juveniles facing a possible life sentence (“juvenile life”) consistent with the United States…