Sentencing
“In New York State, children as young as thirteen can be processed as adults and sentenced to mandatory minimum sentences. Mandatory minimum sentences require judges to sentence the defendant to a statutorily set minimum term of imprisonment. Practitioners, judges, and researchers question the efficacy of mandatory minimum sentences, finding that they are ineffective at deterring…
The Oregon Court of Appeals held that a trial court must consider mental health attributes at sentencing pursuant to the Eighth Amendment and the Oregon state constitution’s prohibition against cruel and unusual punishment. The court stated in relevant part: “We agree with defendant that ORS 131.295 and ORS 131.300 provide that objective societal standard. Through…
This one-pager from the Juvenile Law Center can be used as an educational tool for judges, policy makers, community members and other decision makers when talking about transfer to adult court. From the one-pager: “Policies that try children in the adult court system fail to consider the harms of youth transfer, the unique developmental characteristics…
The Florida Court of Appeals, Second District, found the trial court erred when it decided to make an upward departure from the recommendation of the Department of Juvenile Justice’s recommendation and failed to explain why the departure was most appropriate for T.S.’s individual rehabilitative needs. The court reasoned in part: “Simply listing ‘reasons’ that are…
The Ohio Court of Appeals, Fourth District, vacated and remanded the trial court’s restitution order, where the trial court allowed unsworn testimony from the victim about restitution and a failed to hold a contested restitution hearing pursuant to state statute. The court reasoned in part: ““‘“[T]he amount of the restitution must be supported by competent,…
This letter written and submitted to the Maryland Senate Judicial Proceedings Committee on behalf of the Gault Center, outlines its reasons for supporting Maryland Bill No. 323 (named the Youth Charging Reform Act), which would limit the types of cases eligible for automatic transfer to adult court. From the letter: “The Gault Center: Defenders of…
The Minnesota Court of Appeals held that the district court failed to make findings of fact required by statute when ordering restitution and remanded the case for the trial court to make the requisite findings. The court held in relevant part: “Juvenile-delinquency orders require written findings “to show that the district court considered vital standards…
The Illinois Court of Appeals held that where a minimum sentence available by statute was a de facto life sentence, the sentencing scheme violates the Eighth Amendment under Miller and remanded the case for a new sentencing hearing. The court reasoned in relevant part: “The holding in Miller is rooted in society’s growing awareness that even brutal…
The Fifth District Court of Appeal held that gang enhancements may form the basis of a petition for habeas relief and appointment of counsel under the state’s Racial Justice Act. The court stated in relevant part: “The present petition alleges racially disparate treatment, and it identifies the statutory subsections implicated as the basis for the…
This report from the Campaign for the Fair Sentencing of Youth provides a national overview of the progress states have made post-Montgomery in changing sentencing laws for young people in adult court facing life without parole and other lengthy sentences, and opportunities for continued legislative, legal and policy change. From the resource: Ten years ago, the…
The California Supreme Court held that the imposition of punitive fines and ancillary costs ordered as part of a criminal sentencing raises equal protection issues that require courts to consider ability to pay before imposing fines and costs. The Court stated in relevant part: “In sum, in light of the Legislature’s provision of fee waivers…
The Colorado Supreme Court held that “when a municipal ordinance and a state statute prohibit identical conduct, the municipal penalties for such conduct may not exceed the corresponding state penalties for that conduct.”
The Oregon Court of Appeals examined a state sentencing statute that prohibits juvenile life without parole sentences (ORS 161.740) and held that it applies when an individual is convicted in adult court and sentenced for an offense committed when they were under the age of 18 if the sentence was imposed on or after January…
The Michigan 1st District Court of Appeals vacated second-degree murder and assault with the intent to commit murder sentences for an individual who was 18 years old at the time of the incident and remanded with instructions for the trial court to consider youthfulness and its attendant characteristics as mitigating factors. The court stated in…
This report, written by the Sentencing Project, highlights the harmful practice of direct file, or “auto-charging” youth in adult court. This national analysis looks at the practice of direct file and the pervasive harms that it has on the wellbeing and future thriving of young people and makes recommendations for states to limit pathways for…
The Court of Appeals of Ohio, Eighth District, found that the trial court erred in failing to stay E.B.’s sentencing and failed to order the case be returned to juvenile court, where E.B. was transferred to adult court but ultimately pled guilty to offenses that would not have required mandatory transfer. Additionally, the Court of…
The First District Court of Appeal in California held that defense counsel was ineffective for failing to present mitigation evidence at a resentencing hearing. The court stated in relevant part: “The judge might also have struck the enhancement as a reasonable response to the evidence of defendant’s intellectual disability and the abuse or neglect he…
The Oregon Court of Appeals held that a plea colloquy has to affirmatively demonstrate that a young person understands the “consequences of an admission, including the maximum disposition associated with it”. The court stated in relevant part: “For an admission by a youth to be valid, the youth must be aware, in a manner consistent…
This memo from Fenton Communications Agency provides youth advocates with messaging strategies to respond to the D.C. Crimes Act and the Juvenile Sentencing Reform Act pending in Congress. The memo includes succinct responses to questions posed about public safety, youth crime, and transfer laws. The memo also provides suggested talking points on tone and relevant…
This report highlights D.C. transfer laws and discusses the current U.S. Attorney’s argument that the District of Columbia should amend its law to transfer more young people to to adult court. The report compares D.C.’s transfer law to transfer laws across the country and highlights decades of research that has concluded transfer laws do not…
This issue brief by the Juvenile Justice Initiative provides an overview of transfer laws in Illinois. Additionally, the brief reviews demographic data on young people who are being tried as adults and identifies the ways that transfer fails children and public safety in the state of Illinois. The brief ends by calling for a return…
The Illinois appellate court reversed the trial court’s sentence of 14 years for an aggravated driving under the influence and reckless homicide conviction based on defense counsel’s failure to produce evidence related to youth-based factors in mitigation. The court offered the following language in support. “Because defendant was a minor when the crash occurred, the…
