Sentencing
From the abstract: “The discipline of public health has begun to recognize the structural inequities of the carceral system as drivers of poor individual and population health. Thenumberofpeopleincarceratedandthelengthoftheirincarcerationdeterminethescopeandgravityoftheirexposureto these individual and public health effects. Plea bargains all but guarantee a period of incarceration, often for many years, because prosecutors have significant bargaining power against defendants…
This memorandum from the American Civil Liberties Union provides litigation strategies for defenders challenging electronic monitoring conditions for young people with disabilities. From the Introduction to the memorandum: “Overall, this research project/memo aims to reduce the use of EM for kids with disabilities. Although there is no straightforward disability or accommodations-related argument for ending EM…
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…
On April 9, 2025, the Oregon Court of Appeals found that a probation condition ordering a youth “to follow probation conditions as designated by OYA [the Oregon Youth Authority]” was legally insufficient to determine whether a young person violated a term of their probation. The Court explained, “without knowing what probation conditions OYA had actually…
Georgetown University Law Center Associate Professor Eduardo Ferrer penned this op-Ed on regarding the narrative that there is a “rise” in violent crime in D.C. This narrative is being used to justify regressive tough-on-crime policies that do not improve public safety. Professor Ferrer discusses the perception versus the reality of crime statistics and data, including…
From the conclusion: “For the reasons discussed, Miller and its progeny have rendered Eads’s term-of-years sentence invalid under both the Michigan Constitution and our state’s proportionality requirement. He is entitled to be resentenced in a manner that comports with this jurisprudence and duly accounts for his youth and its attendant characteristics at the time he…
In this amicus brief (and a companion brief filed in Michigan v. Andrew Czarnecki), Fair and Just Prosecution urges the Michigan Supreme Court to extend 19- and 20-year olds its finding that life without parole sentences for young people violate state and federal constitutional protections against cruel and unusual punishment.
This amicus brief by forty developmental science scholars and nonprofits argues transformative growth during ages 18-20 makes mandatory LWOP for individuals in that age range a disproportionate sentence in violation of Article 1, Section 16 of the Michigan constitution. From the Summary of the Argument: “People v Parks held that Article 1, Section 16…
