Role of Counsel
From the Abstract: “Interrogation techniques are influenced by the interrogator’s style and the individual being interviewed. Most law enforcement agencies use adult-centered interrogation methods, leading to suboptimal results when working with youth. The research has focused on youth offenders in the interrogation room and the choices they make, often leading to false confessions when an…
This sample memorandum of understanding from Louisiana outlines an agreement between the Assistant District Attorney and a youth who was transferred or direct filed in adult court to return to juvenile court with an agreed-upon plea and disposition. This is a tool defenders can utilize in advocating for a youth to be sent back to…
This is a sample “youth report to the court” document (created by a Juvenile Court Judge in Iowa), for youth who are currently under the juvenile court jurisdiction. This report is provided to young people when they appear in court, asking if they would like the space to share pertinent information and ask questions of…
This resource from Lambda Legal and the American Bar Association Children’s Rights Litigation Committee gives attorneys an overview on how to approach client interviewing and relationship building in a respectful and trauma-informed way. The page discusses the importance of identity for young people’s well being and on their legal cases. It also reviews basic interview…
From the abstract: “Attorneys who can recognize and respond to trauma and stress, in both their clients and in themselves, are better positioned to provide effective advocacy and help shape a more restorative legal practice. As clients and communities face mounting pressure amid growing social, economic, climate, and systemic challenges, legal education must evolve to…
The Gault Center released an update on the state of youth defense in Kansas, which centers the perspectives and experiences of young people impacted by the juvenile legal system, through a collaborative effort with Progeny, a youth-adult partnership in Kansas, TerraLuna Collaborative, a research consulting group, and Mulberry Art Gallery, which focuses on supporting emerging…
“SIJS is a unique form of immigration relief, offering young people who have been “abandoned, abused, or neglected” by a parent an opportunity to become lawful permanent residents. This means that a young person can apply for a green card, employment authorization, and some public benefits, with an eventual pathway to U.S. citizenship. Youth defenders…
Youth defenders play a critical role in safeguarding the constitutional rights of noncitizen youth during encounters with immigration officials. This tip sheet provides an overview of the rights of noncitizen youth and strategies for youth defenders to safeguard these rights and mitigate harm throughout the course of representing youth in juvenile court. This tip sheet…
From the abstract: “This paper explores the inequitable treatment of the Intellectually and Developmentally Disabled and Autistic (IDD/A) population in the criminal justice system. Although progress has been made over the past century with understanding the unique needs of this population, they still face challenges at all stages of the criminal justice system. Behavioral, social…
A resource guide to navigate a personal or group reading journey of Norma Wong’s “When No Thing Works.” This guide provides questions to accompany each chapter of the book as well as resources for hosting your own Navigation Circle.
These FAQs are intended to clarify the role and obligations of the youth defender in juvenile court.
An introduction to the role and obligations of the juvenile defender at disposition in juvenile court.
The Principles that follow are developed to describe the unique and critical role juvenile defense attorneys play in juvenile proceedings. Hundreds of interviews with juvenile justice system stakeholders reveal that the juvenile defense attorney’s role is perceived differently by different courtroom actors.
This executive summary by the Utah Juvenile Defender Attorneys, LLC is a call for Utah’s youth to have the opportunity to meaningfully consult with counsel prior to waiving their fifth amendment rights. This executive summary utilizes adolescent development principles, U.S. and and Utah Supreme Court precedent, research on confessions and false confessions and the impact…
This resource is part of the Youth Defender Advocacy Program (YDAP) curriculum, a specialized trial advocacy training program for youth defenders.
From the introduction: “This manual was originally created in 2005 to provide defense attorneys in juvenile court with a general guide to appropriate and zealous advocacy on behalf of young people in juvenile court. Since that time, much has changed in juvenile defense, both nationally and here in Georgia. Nationally, the U.S. Supreme Court has…
This affidavit written by Legal Ethicist Abbe Smith outlines the ethical quandaries posed by Florida’s direct file transfer laws and calls into question the legality of such laws based on adolescent development research. The affidavit states in relevant part: “The prosecutorial practice of direct file plea-bargaining without defender/child knowledge of the case’s strengths and weaknesses…