Special Education
This report details findings from the International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement (The Expert Mechanism), who were appointed by the president of the Human Rights Council in 2021 with a mandate to examine the human rights of Black communities in the U.S. as they relate to police interaction…
From the Introduction of the Paper: “The U.S.’s failure to implement an internationally abiding federal law regulating juvenile justice has important implications on the treatment of incarcerated adolescent populations while incarcerated, rehabilitated, and reintegrated into society. This article will analyze the harmful and outdated legal frameworks and institutional structures of the U.S. juvenile justice systems.…
From the introduction: “The goal of the Kansas juvenile legal system is ‘to promote public safety, hold juvenile offenders accountable for their behavior and improve their ability to live more productively and responsibly in their community.’ Evidence shows that juvenile fees and fines do the opposite. This report outlines the ways in which fees and…
Involvement with the delinquency system—including arrests, charges that get dismissed, and adjudications— can create obstacles to a young person’s success. Many youth experience overwhelming hurdles because their juvenile records are available to the public, appear on background checks, or create long-term debt from fines and fees, which can result in denial of employment, housing, loans,…
Key Points: Testing limits is normal adolescent behavior. Young people act out, make mistakes, and push boundaries largely because the parts of their brains that regulate these behaviors are still being formed. Diverting youth from the legal system by keeping them in school can result in better life outcomes for young people. The legal system…
Referring young people to the legal system can negatively impact their life outcomes as it excludes them from school, disconnecting them from learning and engaging in prosocial activities. There may be times when schools need to seek assistance from law enforcement, but for the vast majority of situations, a variety of levers exist outside of…
This bench card is intended to assist judges in considering the consequences of juvenile court involvement that may adversely affect public safety and positive youth development. The bench card is not intended to impinge upon or alter constitutional or statutory responsibilities of the court. Judges and attorneys have different ethical responsibilities but share the goal…
This publication covers the ways in which the collateral consequences of juvenile court involvement and the longevity and availability of juvenile court records directly interfere with the very things that help young people succeed.
Including arrests, dismissed petitions, and adjudications – can create long-term barriers to a young person’s employment, housing, and educational opportunities. Juvenile defenders can break down these barriers by discussing these consequences with their clients, mitigating potential harms, and building pathways to success. Understanding collateral consequences is critical to every plea or diversion negotiation, could impact…
An expert declaration on the harms of the use of isolation on youth in juvenile correctional facilities.
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.
