The Juvenile Justice System and Immigrant Youth

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From the introduction: “At the turn of the 20th century, states began creating juvenile justice systems because they recognized that children are different from adults, are capable of change, and need support and opportunities for healthy development. Unfortunately, over time these juvenile justice systems became a maze – with many entrances in, and few exits…

Juvenile Justice and Delinquency Prevention Act (JJDPA)

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Sample Motion to Exclude Tangible Evidence and Motion for Sanctions

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This is a sample motion from Maryland asking the court to exclude tangible evidence recovered during a stop and arrest based on lack of probable cause for the search. The motion includes arguments about implicit racial bias, structural racism, procedural justice, racial justice, and adolescent brain development.

Gangs, Gangsters, and the Impact of Settler Colonialism on the Latina/o Experience

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From the abstract: “As the largest minority group in the United States, Latinas/ os have experienced a long history of discrimination, prejudice, and stigmatization as gang members. A contemporary survey of law enforcement agencies reported that Latinos continue to be the largest proportion of any racial or ethnic group involved in gangs. To describe such…

Act 4 Juvenile Justice JJDPA Fact Sheet on Core Protections: Racial and Ethnic Disparities 

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“The week of December 10, 2018, Congress passed H.R. 6964, the Juvenile Justice Reform Act of 2018 (the Act) with overwhelming bipartisan support. The President signed the bill into law on December 21, 2018, amending the Juvenile Justice Delinquency Prevention Act (JJDPA) after years of collaborative efforts among juvenile justice organizations and advocates across the…

The Effects of Perceived Phenotypic Racial Stereotypicality and Social Identity Threat on Racial Minorities’ Attitudes About Police

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This study examines the role of perceived phenotypic racial stereotypicality and race-based social identity threat on racial minorities’ trust and cooperation with police. We hypothesize that in police interactions, racial minorities’ phenotypic racial stereotypicality may increase race-based social identity threat, which will lead to distrust and decreased participation with police. Racial minorities (Blacks, Latinos, Native…

[Missouri] St. Louis County Family Court: Settlement Agreement 

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On December 14, 2016, the U.S. Department of Justice entered into a settlement agreement with the St. Louis County Family Court to remedy  constitutional violations. The settlement agreement covers policies and practices to ensure the due process and equal protection rights of all youth are upheld. This includes early appointment of youth defense counsel, prohibition…

[Missouri] St. Louis County Family Court: Investigation 

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On July 31, 2015, the U.S. Department of Justice released its investigation findings into the St. Louis County Family Court, finding due process and equal protection violations. The findings include right to counsel violations by denying constitutionally adequate defense representation, privilege against self-incrimination violations by requiring a child to admit to allegations for diversion, inadequate…

Expert Affidavit of Dr. John F. Chapman on Shackling and  Its Physical and Psychological Harms to Young People

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This is an expert affidavit from Dr. John F. Chapman, a clinical child psychologist and Assistant Clinical Professor in the Department of Psychiatry at the University of Connecticut School of Medicine and Assistant Clinical Professor at Yale University School of Medicine’s Child Study Center. The affidavit highlights the racial disproportionality of shackling Black youth compared…

Expert Affidavit of Dr. Marty Beyer on Indiscriminate Shackling

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This expert affidavit from Dr. Marty Beyer, Ph.D., a clinical psychologist licensed in D.C., Virginia and Washington, highlights the negative impacts of shackling on young people’s identity development, including their views of their own self-worth and of fairness in legal settings. Further, the affidavit describes how shackling re-traumatizes youth who may have previously experienced traumatic…

Street Stops and Police Legitimacy: Teachable Moments in Young Urban Men’s Legal Socialization

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This article summarizes a study conducted by Yale Law School, Columbia Law School and Mailman School of Public Health at Columbia University, examining the influence of street stops by police on the legal socialization of adolescents and emerging adults ages 18-26 in New York City. The study showed an association between the number of police…

Implicit Racial Bias in Public Defense Triage

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From the abstract: “Despite the promise of Gideon, providing “the guiding hand of counsel” to indigent defendants remains unmanageable, largely because the nation’s public defender offices are overworked and underfunded. Faced with overwhelming caseloads and inadequate resources, public defenders must engage in triage, deciding which cases deserve attention and which do not. Although scholars have…

[Tennessee] Juvenile Court of Memphis and Shelby County: Settlement Agreement 

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On December 17, 2012, the U.S.  Department of Justice entered into a settlement agreement with Shelby County and the Juvenile Court of Memphis and Shelby County in Tennessee following their investigation into the juvenile court system. The settlement agreement includes remedial measures to align the following practices with the U.S. Constitution: probable cause determinations, notice…

[Tennessee] Juvenile Court of Memphis and Shelby County: Investigation

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On December 17, 2012, the U.S.  Department of Justice entered into a settlement agreement with Shelby County and the Juvenile Court of Memphis and Shelby County in Tennessee following their investigation into the juvenile court system. The settlement agreement includes remedial measures to align the following practices with the U.S. Constitution: probable cause determinations, notice…

Advocates for Children’s Services of Legal Aid of North Carolina et al. Amicus Brief, In the Matter of T.A.S.

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This amicus brief by Advocates for Children’s Services of Legal Aid of North Carolina, American Civil Liberties Union, The Gault Center, and others argues the suspicionless search of all female students at an alternative school is unconstitutional under the 4th Amendment where the search’s main purpose was arrest and prosecution by law enforcement. Further, the…

The Gault Center Amicus Brief, In the Matter of William M. 

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This amicus brief by The Gault Center and others argues Nevada’s certification statute violates a child’s right to effective assistance of counsel as it interferes with counsel’s ability to plan and participate in the adversarial fact-finding process and it fails to measure up to essentials of due process and fair treatment. Furthermore, amici argue this…

Education & Incarceration

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From the introduction: “In this policy brief, we will focus more precisely on the question of who has been most affected by the growth of the corrections system, and illustrate how the impact of the decision to fund the prisons over schools has been concentrated among Americans with little education. The improved high school completion…

Reducing Racial Disparities in Juvenile Detention

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From the introduction: “In this Pathway we explore why youth of color are overrepresented in the juvenile detention system and review what has been done in some sites to reduce the number of minority youth in detention. Dealing with disparity in the use of detention has been one of the most challenging pieces of the…

Reducing Disproportionate Minority Confinement: The Multnomah County, Oregon Success Story and its Implications

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From the introduction: “This policy brief will review the work done in one jurisdiction that has succeeded in reducing the number of minority youth detained pre-trial, summarize the lessons learned from innovations in Multnomah County, Oregon, and highlight their national significance. While the more general nationwide picture on reducing racial disparity in the juvenile justice…