Sentencing
The Gault Ctr. (October 2023). This resource provides an overview of the constitutional and federal laws that are implicated when young people are placed in juvenile or adult facilities and includes concrete examples of common violations. This resource offers an introduction for youth defenders on how to spot federal and constitutional violations based on conditions…
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 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…
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…
The Center for Justice Innovation conducted an exploratory, participatory action research study of 103 youth ages 15-24 who reported carry guns in a neighborhood of Brooklyn. The research evaluates why these youth carry guns and proposing a collaborative approach to public safety. From the report: “The increase in gun violence experienced in many U.S.…
This amicus brief from former Massachusetts judges, the Boston Bar Association, and the Massachusetts Bar Association argues life without parole sentences violate the Commonwealth’s prohibition on cruel and unusual punishment for late adolescents between 18-20 years old for the same reasons they did for youth under 18 years old (as articulated in Diatchenko). Additionally, the brief argues late adolescents have a great propensity…
A sample visual timeline capturing specific events in a client’s life for use as mitigation in different stages of a case, including: trial, disposition or post-disposition proceedings, sentencing, or parole advocacy.
From the introduction: “This report focuses on individuals who were under the age of 18 at the time the sexual offense occurred and who were adjudicated delinquent in the juvenile justice system or tried and convicted in adult criminal court. While significant research shows the ineffectiveness and harm of registration for individuals who were 18…
In People v. Stovall, the Michigan Supreme Court vacated Stovall’s sentence of a parolable life sentence for second-degree murder finding it violated Article 1, Section 16 of the Michigan constitution prohibition against cruel and unusual punishment. The court offered the following language in support: “The Michigan Constitution, however, is different. Article 1, § 16 of the Michigan Constitution provides that “[e]xcessive bail shall not be…
