The Antiracism and Community Lawyering Practicum at Boston University School of Law, Fred T. Korematsu Center for Law and Equality, and the NAACP Legal Defense and Educational Fund submitted a brief in support of the appellant, Derek Lee, in a case before the Supreme Court of Pennsylvania regarding the use of mandatory life without parole…
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…
This affidavit relies on adolescent development research to conclude that felony murder should not be applied to youth, given that young people’s ongoing brain and psychosocial development goes against the very premise of felony murder. This affidavit emphasizes how felony murder perpetuates racial disparities and is contrary to adolescent development principles—namely that youth experience more…
From the introduction: “This project, which started in fall 2020, was initially intended to be significantly smaller than it turned out to be. Our coalition of authors intended to outline ways juvenile defenders could streamline their representation of youth charged with sex offenses. As the project gained momentum, this team of trial attorneys, social workers,…
In State v. K.A.B., the Court of Appeals of Washington held that the youth was entitled to a new capacity hearing based on defense counsel’s failure to thoroughly present a diminished capacity defense and the juvenile court’s application of an incorrect standard for capacity to commit a crime. The court offered the following language in support: “We reverse K.A.B.’s conviction because she received ineffective assistance of counsel. We…
From the Abstract: “Modern doctrine and scholarship largely take it for granted that offenders should be criminally punished for reckless acts. Yet, developments in our understanding of human behavior can shed light on how we define and attribute criminal liability, or at least force us to grapple with the categories that have existed for so…
From the introduction: ” Recent Supreme Court cases have recognized the science underlying the common-sense notion that children are not “little adults.” Their brains function in a completely different manner than those of adults. In 2005, the Court abolished the juvenile death penalty and recognized the neuroscience underlying the claim that those under the age…
From the introduction: “The authors use a developmental perspective to examine questions about the criminal culpability of juveniles and the juvenile death penalty. Under principles of criminal law, culpability is mitigated when the actor’s decision making capacity is diminished, when the criminal act was coerced, or when the act was out of character. The authors…
The delinquent act itself is often the primary basis for determining intention and competency of children under 18 in adult or juvenile court. But behaviors result from one or more of a diverse range of factors, each of which has different effects on decision-making. The capacity of juveniles to plan or to stop an action…
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