Racial Justice
School-based arrests have long made up a substantial number of cases in the juvenile legal system. As a result, youth defenders often represent clients who have been seized, searched, or interrogated on school grounds. This guide provides a general overview of the law governing school seizures, searches, and interrogations and practice tips for challenging evidence…
Young people and their families are routinely assessed fees, fines, and other costs in delinquency matters. These financial assessments are often ordered without an ability-to-pay analysis by the court. A young person’s inability to pay can lead to long-lasting consequences, increased recidivism, and youth and their families having to choose between paying fees or buying…
Provides a framework for developing effective youth defense systems.
From the introduction: “During adolescence, physical and cognitive changes combine with new social contexts in ways that increase our sensitivity to belonging and earning respect from those around us. This heightened attention to our place in a wider social world motivates us to adapt to the more complex social demands of adulthood. Following are 5…
From the introduction: “During adolescence, we form a deeper sense of who we are, what we value, and who we want to be. Healthy development in adolescence involves creating a positive sense of self and belonging, based on our values and aspirations. Following are five facts about how we develop our values, goals, and identity…
From the executive summary: “• Police increasingly replace stop-and-frisk practices with databases that crudely profile Black and Latinx youth based on their neighborhoods, peer groups, and clothing. • These databases ruin lives: police typecast minority youths as gang members without evidence, putting them at risk of false arrest and wrongful deportation. • Many police departments…
This amicus brief by the Santa Clara County Independent Defense Counsel Office argues the decision in People v. Hardin should be affirmed because historical legacies of racism disparately expose some adolescents to the legal system and this does not justify lifelong punishment without considering rehabilitation. From Introduction & Summary of Argument: “Youthful offender parole is authorized by age at the…
This amicus brief by American Civil Liberties Union and others argues that denying an opportunity for parole for young adults between the ages of 18 and 25 raises an equal protection violation given the racially disproportionate impact of life without parole sentences on young adults, resulting from “tough on crime” politics based in racial bias. From the Introduction: “In analyzing Petitioner Hardin’s equal protection…
The Court considers a question of first impression — whether a criminal defendant must be provided in-person interpreting services, rather than video remote interpreting (VRI) services, at his jury trial.
From the introduction: “Imagine you’re a student with a disability that impacts how you interact with others and process situations. In an instant, that disability may be criminalized, and you could find yourself thrust into a juvenile justice system that offers little support and few education resources. This scenario is all too common. Thousands of…
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: “A growing body of literature has demonstrated that when schools suspend students, the suspension acts not as a deterrent but as an amplifier of future punishment. Labeling theory has emerged as the predominant explanation for this phenomenon, suggesting that the symbolic label conferred along with a suspension shapes how other people perceive…
From the abstract: “Drawing from legal pedagogy, litigation practice, and teaching experience, this article seeks to compile a set of key considerations for inclusive language decision-making in the clinical setting. Using a multi-factor framework—accuracy, precision, relevance, audience, and respect—this analysis explores the process for deciding on terms to use in practice and the potential implications…
This expert report analyzes the presence of racial bias in a police encounter with Black teenage girls in Colorado. The report utilizes research on implicit racial bias, stereotype threat, adultification, and policing as trauma in its analysis of the facts of the case.
From the introduction: “The COVID-19 pandemic has laid bare the dangers of the juvenile legal system; this should make it harder to look away from the societal inequities that are exacerbated by youth incarceration. Indeed, the current moment, including the unprecedented nationwide protests in response to the murders of George Floyd and Breonna Taylor in…
From the abstract: “This paper introduces a historically informed antiracist approach to psychological practice aimed at disrupting American psychology’s legacy of racism by first saying ‘No More’ to the whiteness engulfing it. Seven historical themes reveal how eugenics, claims to objectivity, white hegemony, white normativity, white saviorism, and various rigged discourses have shaped organized psychology…
The Washington Supreme Court ruled the trial court was required to consider an accused person’s race and ethnicity in the totality of the circumstances when determining whether a person was “seized” in Washington state constitution’s prohibition against unlawful seizure. The court offered the following language in support: As noted above, the article I, section 7…
The New York Supreme Court Appellate Division reversed the guilty plea and conviction of Mr. Thorne after the court denied his motion to suppress, finding that the arresting officers lacked requisite reasonable suspicion to stop him. The Court, citing several inconsistencies in the radio description of the assailant compared to Mr. Thorne, offered the following language in support: “The officers did not have reasonable…
This article traces the history of racist gun laws and how they interact with the Second Amendment, highlighting the racially disproportionate impact of gun charges on Black and Latine communities. Relevant language from the article includes: “As the courts increasingly look to history and tradition to determine the scope of the right to keep and…
From the executive summary: “In considering what serves young people well, it is imperative that we address these systemic barriers and develop innovative strategies, leaving space for healing outside of and in tandem with the traditional mental health system. We must be expansive in our thinking about what supports and strengthens youth mental health –…
Creates a case for holding states liable for abdicating their duty to ensure that all children have zealous representation.
