Racial and Ethnic Disparities
This guidebook from National Conference of State Legislatures provides information on current youth justice policy at the federal and state level exploring a range of youth justice policy areas rom age of juvenile court jurisdiction and transfer into adult court to diversion and probation. From the introduction: “Today, a sound body of youth justice law…
The Gault Center and Juvenile Law Center filed an amicus brief in the Second Circuit Court of Appeals involving New York Police Department’s collection and storage of DNA. From the summary of argument: Amici write in support of Appellant to address the particularly harmful impact that Appellees’ DNA collection and storage practices have on children,…
From the Introduction, developed by the Association on American Indian Affairs: “This guide offers practical, real-world tips to help you work more effectively with Native youth involved in the justice system. It explains why working with Native Nations is not only important—but also different from working with other agencies or partners in your county or…
On June 26, 2026, Joshua Dankoff and Leon Smith from Citizens for Juvenile Justice (CfJJ) offered a training for the Gault Center’s New England Region on mapping and resisting local law enforcement collusion with ICE in Massachusetts and beyond. The training walked through CfJJ’s report that culminated from over 90 public records requests submitted to…
From the Abstract: “This article is a practical guide in the fight to abolish the prison-industrial complex as well as institutionalized transphobia and cissexism. Focusing specifically on the practice area of criminal defense, this article proposes a model that must be replicated across jurisdictions wherever transgender people are criminalized. By instituting an interdisciplinary team approach…
The California 5th District Court of Appeal held that the defense was entitled to discovery related to racial disparities in plea deals to voluntary manslaughter, finding that defense’s statistical evidence showing that Latine individuals in Kern County were more likely to be charged with murder and receive longer sentences than white individuals satisfied the “plausible…
Leveraging the State Constitution to Challenge Racialized Discretion in Washington’s Juvenile System
From the Abstract: In jurisdictions around the country, the criminal punishment system disproportionately impacts children of color at every stage: during arrest, diversion, and incarceration, and, most importantly for this Essay, during prosecution of children in adult court—which is among the most severely disproportionate aspects of the system. While the dominant narrative is that adult…
From the Abstract: “Trisha was first incarcerated in a youth detention facility when she was just thirteen years old. Her first case, which occurred at age twelve while she was living in a group home, followed a diagnosis of post-traumatic stress disorder resulting from years of sustained sexual, physical, and emotional abuse. Her charge, aggravated…
This infographic series on advancing best practices in youth justice from the RFK Community Alliance’s National Resource Center for the Transformation of Youth Justice provides accessible research on core practices driving change in youth justice and includes research on adolescent development and emerging adulthood, positive youth development and growth-focused case management, the negative effects of…
This report by Citizens for Juvenile Justice (CfJJ) investigates the level of information sharing and collusion between police and courthouse staff with federal Immigration and Customs Enforcement (ICE) in Massachusetts. CfJJ filed more than 90 public records requests in the state and found that police and courthouse staff regularly share information with ICE, effectively becoming…
This report from the Sentencing Project provides an overview of restorative justice (‘RJ’) diversion programs including research on the results of these programs, the advantages of RJ diversion programming over court involvement, benefits to victims, and recommendations for implementing RJ programs. From the Executive Summary: “Restorative justice (RJ) diversion programs address adolescent lawbreaking outside the court system using a process designed to address victims’ needs and repair the harm caused by youth misconduct.…
Examines young people’s experiences on juvenile probation and the racialized history of juvenile probation in our country.
This one-pager from the Juvenile Law Center can be used as an educational tool for judges, policy makers, community members and other decision makers when talking about transfer to adult court. From the one-pager: “Policies that try children in the adult court system fail to consider the harms of youth transfer, the unique developmental characteristics…
“The modern American criminal justice system emerged not simply from Progressive-Era reform, but from the intertwined projects of eugenics, psychiatry, and legal modernism. Drawing upon archival, historical, and doctrinal sources, this Article reveals how early twentieth-century reformers—including judges, criminologists, and social scientists—recast criminal law as a mechanism for identifying and controlling hereditary “defect.” Under the…
“What makes a conviction wrongful? Developments in DNA science have led to a wave of exonerations over the past thirty years, revealing sources of error in the criminal legal process. Innocence organizations proliferated to represent people whose convictions could be overturned by newly discovered evidence. This is vital work for the individuals who are released…
From the Introduction of the report by the Samuelson Law, Technology & Public Policy Clinic at UC Berkeley School of Law: “The paper proceeds as follows: • Part I describes current community supervision technologies, including location tracking, alcohol monitoring, and drug testing, and the reliability concerns with each. • Part II describes and compares the…
“Juvenile sex offender registration was never a natural fit for the youth justice system, but in the digital age, it has become deeply harmful. What began as a paper-based precaution has evolved into a sprawling digital regime that permanently brands adolescents at the most formative stage of life. This Article examines how technological change has…
This letter written and submitted to the Maryland Senate Judicial Proceedings Committee on behalf of the Gault Center, outlines its reasons for supporting Maryland Bill No. 323 (named the Youth Charging Reform Act), which would limit the types of cases eligible for automatic transfer to adult court. From the letter: “The Gault Center: Defenders of…
This sample motion argues for special discovery and dismissal and/or suppression based on a claim of selective prosecution in a jaywalking case. Highlighting local police data on racial disparities in jaywalking-related stops, this motion argues that police conduct had a discriminatory effect on Black youth in Cincinnati, in violation of their state and federal equal…
This supplemental memorandum is related to the sample motion to dismiss and/or suppress evidence based on selective prosecution, which argues for special discovery and dismissal and/or suppression based on a claim of selective prosecution in a jaywalking case. This supplemental memorandum outlines Ohio’s Equal Protection guarantee in the context of the impact of implicit racial…
This proposed draft of a legislative “findings and declarations” document for a youth detention and disposition reform bill in California affirms the legislature’s commitment to make placement in juvenile detention “the exception, not the rule.” The draft findings rely on research regarding the impact of detention on young people, racial justice, developmental science, and California…
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…
The Fifth District Court of Appeal held that gang enhancements may form the basis of a petition for habeas relief and appointment of counsel under the state’s Racial Justice Act. The court stated in relevant part: “The present petition alleges racially disparate treatment, and it identifies the statutory subsections implicated as the basis for the…
The Ohio Department of Youth Services released a report capturing data on youth who were charged with firearm-related offenses as part of the Juvenile Detention Alternatives Initiative (JDAI). “According to 2024 data submitted by Ohio JDAI sites, there were a total of 866 admissions to detention for a firearm-related charge. The majority of admissions to…
This report from the Campaign for the Fair Sentencing of Youth provides a national overview of the progress states have made post-Montgomery in changing sentencing laws for young people in adult court facing life without parole and other lengthy sentences, and opportunities for continued legislative, legal and policy change. From the resource: Ten years ago, the…
