From the abstract: “The ever-expanding yet increasingly amorphous nature of criminal records is a driver of inequity in America. Criminal records are a significant barrier to community participation. They impact whether you can vote or serve on a jury, where you can live, and if you can work. And as criminal records become more easily…
This report, by the U.S. Department of Justice Civil Rights Division outlines key highlights of the Division’s work from 2021 to 2024 across policing, juvenile facilities, schools and beyond.
This 2024 Impact report from Communities United for Restorative Youth Justice (CURYJ) focuses on the organization’s accomplishments, including the opening of CURYJ’s Youth Power Zone, a physical space that provides community-led, community-owned direct-service programming, advocacy and culturally-rooted healing. CURYJ also highlights the acquisition of a second physical space for community peace, healing, and resilience. Further,…
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…
A sample disposition and mitigation memorandum filed in a juvenile court in Ohio.
The Center for Democracy & Technology (CDT) released a report on the impact of generative artificial intelligence (AI) on students in schools. CDT surveyed students, teachers, and parents to understand the prevalence of deepfakes and related issues in K-12 schools. The report offers an overview of non-consensual intimate imagery (NCII), the impact of current responses…
On May 15, 2024, the DOJ submitted a letter to Kentucky Governor Andy Beshear to notify the state of the commencement of a DOJ investigation into nine juvenile facilities operated by the Kentucky Department of Juvenile Justice (DJJ). The specific issues the DOJ outlined they would investigate include excessive use of chemical force, physical and…
This report reviews the expanding infrastructure of police surveillance in public schools and highlights the failure of AI technologies and digital surveillance in making schools safer. Further, the report discusses the harms these technologies may cause to Black and Latine youth and youth from other historically vulnerable communities. Calling on youth justice advocates, youth leaders,…
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…
This is a sample motion from Maryland asking the court to dismiss a petition in the interest of justice based on the school district’s violation of the “Child Find” provisions of the Individuals with Disabilities Education Act (20 U.S.C. § 1401 et. seq.) as applied to the respondent, Jane Doe.
This research report by the ACLU provides an overview of surveillance technology (“EdTech Surveillance”) industry in K-12 schools and critically explores the industry’s claims, the efficacy of the products, and their impacts on students and schools. The report also provides recommendations for best protecting students and promoting better surveillance technology decision-making among elected officials, school…
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 guide is meant to help young people in Oregon understand the collateral consequences to juvenile court involvement and adjudications, and what they can do to overcome those consequences. Written in youth-friendly language, this guide walks through how young people should talk about their juvenile court record, the impact of their record on school, jobs,…
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…
This article discusses the legal landscape of school surveillance, including digital and artificial intelligence surveillance, through the lens of Fourth Amendment and federal privacy laws. From the Abstract: “Since the Covid-19 pandemic, schools have escalated their use of educational technology to improve students’ in-school and at-home learning. Although educational technology has many educational benefits for…
From the introduction: “This brief offers context on the youth criminalization crisis in the United States. We then outline a series of harmful elements in the Bipartisan Safer Communities Act. Specifically, we review provisions that: • Increase funding for threat assessments, surveillance, and greater police presence in schools; • Expand data-sharing between law enforcement and…
