“Children Are Different” and Their Lawyers Should Be Too

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Youth Reoffending: Prevalence and Predictive Risk Factors in Two States

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National Youth Defense Townhall Notes

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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…

A Checklist to Assess the Presence of a Constitutional Violation under 34 U.S.C. 12601

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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.

National Youth Defense System Standards User Guide

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This User Guide provides advocates with a step-by-step outline of how to actualize the vision of the National Youth Defense System Standards to equip and invest in youth defense teams to fight for the liberation of all youth. The User Guide outlines constitutional rights detailed in the System Standards, provides a checklist to assess the…

A Call to Expand Post-Disposition Representation of Youth in the Juvenile Legal System

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In 2020, after the District of Columbia Court of Appeals released its decision in In re N.H.M., expanding DC youths’ access to post-disposition counsel, Open City Advocates, which represented N.H.M., contacted the Gault Center to explore how to support the expansion of post-disposition representation in other jurisdictions. We reviewed analyses of post-disposition representation of youth,…

Ensuring Access Toolkit – Court Rule Change Sign-On Letter

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Ensuring Access Toolkit – Messaging

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Ensuring Access Toolkit – Sample Legislative Testimony

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Ensuring Access Toolkit – Sample Letter to the Editor

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National Youth Defense System Standards

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Outlines steps that states must take to comply with the minimum requirements of the U.S. Constitution to protect the rights of youth facing deprivations of liberty.

An Overview of Youth Rights in Facilities

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The Gault Ctr. (October 2023). This resource provides an overview of the constitutional and federal laws that are implicated when young people are placed in juvenile or adult facilities and includes concrete examples of common violations. This resource offers an introduction for youth defenders on how to spot federal and constitutional violations based on conditions…

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.

Juvenile Facilities Checklist For Defenders: Advocating for the Safety and Well-Being of Young People

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Youth facing time in both secure and non-secure facilities need vigilant advocates who can monitor the conditions of these facilities, and can either prevent the young person’s placement, limit the young person’s length of time in placement, and/or intervene on the young person’s behalf while they are at the placement. Juvenile defenders are ethically bound…

The Court Got It Wrong: Presenting & Winning on Your Theory of Appeal

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Ensuring Access: A Policy Advocacy Toolkit (2018)

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Access Denied found that “[n]o jurisdiction in the United States wholly fulfills the constitutional promise of justice for children.” So, no matter where you live and practice, your jurisdiction can improve. As juvenile defense advocates, we have a responsibility to identify and work to correct systemic deficiencies and to honor our clients’ dignity and well-being.…

Juvenile Defender Post-Disposition Practice Tool

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Heavy workloads and the culture in many courts can make it difficult for juvenile defenders to stay connected to clients post-disposition. Even after disposition in juvenile court, young people face legal issues that affect — and often threaten — their liberty, their safety, their due process and civil rights, and their access to future opportunities.…

A Developmental Framework for Juvenile Disposition and Post-Disposition Advocacy

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An infographic outlining strategies for post-disposition advocacy.

Unlocking Youth: Strong Juvenile Defense

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Memorandum of Agreement Between the United States Department of Justice and the St. Louis County Family Court

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Role of Juvenile Defense Counsel Post-Disposition (2016)

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Disposition orders—commonly understood as sentencing—move children deeper into the juvenile court system. For example, some youth might be confined to secure custody or placed on probation. During the “post-disposition” phase, defenders must represent children at all probation and parole review or modification hearings, advise clients of their legal rights, explain their case options and possible…

Increasing Juvenile Appeals: An Underused Critical Check on the Juvenile Delinquency System

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A one-page infographic on juvenile appeal rates.

United States Department of Justice Investigation of the St. Louis County Family Court, St. Louis, Missouri

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Issue Brief-Protecting Rights, Promoting Positive Outcomes: Post-Disposition Access to Counsel

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After the disposition (sentencing) phase in juvenile court, a case moves into what may be the longest and most critical phase of the delinquency process—post-disposition. Post-disposition advocacy is vital to safeguard the constitutional rights of adjudicated youth and aid in community reintegration, and it encompasses a broad array of issues that affect adjudicated youth; yet,…

Appeals: A Critical Check on the Juvenile Delinquency System

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A robust and expeditious juvenile appellate practice ensures that youth are fully accorded their due process rights and is essential to developing a strong and cohesive body of juvenile jurisprudence. All children have a right to appeal their juvenile adjudications. Juvenile defenders are constitutionally mandated to confer with their young clients about their right to…