Racial Justice
From the abstract: “This Article frames the experience of traffic stops for noncitizens as a form of “slow deportation.” It describes how the use of traffic stops to police noncitizens extends the system of racialized social control to immigrant communities with the effect of surveilling both race and status. It surveys scholarship across disciplines, racial…
On February 28, 2025, the Michigan Court of Appeals ruled that the trial court’s denial of a racial justice expert violated a young person’s due process rights to present a defense. This case involved an altercation between two middle school students involving the use of a racial slur and other racially derogatory comments. Defense counsel…
From the executive summary: “This report offers recommendations for researchers, policymakers, diversion programs, and community organizations focused on diverting Black women, girls, trans and gender nonconforming people from criminal punishment systems. Our recommendations are based on an assessment of diversion programs through a Black feminist lens, which starts from the standpoint of the women and…
One-page infographic on the seven key developmental needs of adolescence.
In August 2024, the Office for Access to Justice hosted a convening on youth defense, calling attention to the urgent need to invest in youth defense specialization. “Such investments from the state and federal level are essential to safeguarding young people’s constitutional rights. Well-trained and specialized counsel help young people understand their rights as they…
This research report by the NAACP Legal Defense Fund provides an in-depth overview of the “At-Risk Youth Program” created by the Pasco County Sheriff’s Office in Tampa Bay, Florida. The Pasco County sheriff’s office relied on a “rudimentary, person-based predictive policing system” based on inherently biased criteria to identify young people who were “destined to…
The Center for Native American Youth (CNAY) at the Aspen Institute released a report detailing survey results of nearly one thousand Native youth on their needs and priorities across issues that matter most to them. This survey was built and disseminated by Native youth leaders who worked in partnership with CNAY staff to practice and…
From the abstract: “In this report, we invite readers to explore the historical, racialized, disablist, and political economic contexts of mass incarceration, including the ways that incarceration has expanded beyond prisons, jails, and correctional supervision in the 21st century. As well, publics often think of incarceration narrowly, such that they make invisible the containment of…
Sample jury instructions requesting the reasonable child standard in a case involving self-defense from unlawful physical force at a youth facility.
Sample jury instructions for self-defense in a case involving a young person defending themself against facility staff’s unlawful use of force or physical restraint against a youth at a residential facility.
The Court of Appeals of Washington remanded a transfer case to the superior court and offered the following language in support. “Our Supreme Court has made clear that trial courts must be vigilant in addressing the threat of explicit or implicit racial bias that affects a defendant’s right to a fair trial. We hold that…
The Sentencing Project released an updated snapshot of youth arrest and incarceration rates, revealing that youth arrest rates have declined 80% from 1996 and youth incarceration declined 75% between 2000 and 2022. Despite these shrinking rates, the juvenile legal system is still marked by significant racial and ethnic disparities. Black youth are 4.7 times more…
The answer, then, is not to simply reform the system of punishment, but to stop surveilling and punishing kids and instead invest in the things that set kids up for success, like education, family support, and access to healthcare. We need to start seeing children as children, not as criminals, and giving them the tools…
The focus of this paper is on the experience of Black adolescents who are growing up amidst evolving national beliefs about racism, ongoing political debate surrounding the Black Lives Matter movement, and a growing national awareness about the experience of being Black in America.
This research article explores the history of girls prosecuted as adults in courts across the United States. It explores the effects of childhood trauma and victimization on brain and physical development and the connection to involvement in the criminal legal system as children. The article describes the results of a survey of young women who…
Challenging the Status Quo: Mobilizing Youth Defense Teams to Uphold Youth Rights & Uproot Injustice
This Racial Justice Webinar was hosted by the Gault Center and Georgetown Law’s Juvenile Justice Clinic & Initiative on May 29, 2024. The webinar focused on a collective call to action for the youth defense community to transform the juvenile legal system by centering youth and their constitutional rights to freedom, liberty, and equality. This…
In this session of our 2023 Racial Justice Training Series, Prof. Kristin Henning, Director of the Juvenile Justice Clinic and Initiative at Georgetown Law, and Mary Ann Scali, Executive Director of The Gault Center, will be joined by Dr. Linda Caldwell, Emeritus Distinguished Professor in the Dept. of Recreation, Park, and Tourism Management at The…