Standards
From the abstract: “Juvenile correctional programs that focus solely on safety, education, and structure yield suboptimal outcomes. Youth in these facilities often have learning disorders, and adaptive challenges, have been exposed to severe trauma, and have mental disorders, including autism spectrum disorder. Consequently, rehabilitation programs must be comprehensive, individualized, developmentally informed, and trauma informed to…
The Gault Center released an update on the state of youth defense in Kansas, which centers the perspectives and experiences of young people impacted by the juvenile legal system, through a collaborative effort with Progeny, a youth-adult partnership in Kansas, TerraLuna Collaborative, a research consulting group, and Mulberry Art Gallery, which focuses on supporting emerging…
Challenging the Status Quo: Mobilizing Youth Defense Teams to Uphold Youth Rights & Uproot Injustice
This Racial Justice Webinar was hosted by the Gault Center and Georgetown Law’s Juvenile Justice Clinic & Initiative on May 29, 2024. The webinar focused on a collective call to action for the youth defense community to transform the juvenile legal system by centering youth and their constitutional rights to freedom, liberty, and equality. This…
This checklist can be used to assess the presence of constitutional violations throughout the course of a client’s case. Please refer to the National Youth Defense Systems Standards and their accompanying User Guide for litigation strategies to challenge potential constitutional violations noted in this checklist.
This User Guide provides advocates with a step-by-step outline of how to actualize the vision of the National Youth Defense System Standards to equip and invest in youth defense teams to fight for the liberation of all youth.The User Guide outlines constitutional rights detailed in the System Standards, provides a checklist to assess the presence…
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 This article will analyze the harmful and outdated legal frameworks and institutional structures of the U.S. juvenile justice systems.…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: “Racial inequities are addressed to varying degrees in at least three of the four sections of the Restatement of Children and the Law. This Essay evaluates whether and how well this Restatement advances racial justice and identifies additional opportunities for the ALI to address racial inequities now and in future iterations of the Restatement. The…
Nicholas M. Pace et al., Rand Corp. (2023). This report showcases the results of collaborative research on public defense workloads from the RAND Corporation, the National Center for State Courts, the American Bar Association Standing Committee on Legal Aid and Indigent Defense, and the Law Office of Lawyer Hanlon. This research is intended to update…
Am. Bar. Ass’n (2023). The American Bar Association released an updated version of their ten core principles for effective public defense delivery systems. These principles outline best practices for public defense systems and incorporate decades of case law, defense standards, and nationwide rules and practices. The Ten Principles include: 1) the independence of public defense…
Outlines steps that states must take to comply with the minimum requirements of the U.S. Constitution to protect the rights of youth facing deprivations of liberty.
Models for Change is an effort to create successful and replicable models of juvenile justice reform through targeted investments in key states, with core support from the John D. and Catherine T. MacArthur Foundation. Models for Change seeks to accelerate the progress toward a more efficient, fair, and developmentally sound juvenile justice system that holds…
The Supreme Court’s 1967 ruling in In re Gault established the right for all children to have counsel in delinquency proceedings, but the nature of that right has often been unclear or misunderstood, even by some juvenile defenders charged with protecting the liberty and interests of their young clients. Juvenile defense standards provide juvenile defenders…
The overarching goal of the Juvenile Defender Delinquency Notebook, 2nd Edition is to empower defenders to practice holistic and zealous representation in the defense of children who find themselves before our nation’s justice systems. We also believe that this publication illustrates the complexities inherent in the defense of children and, consequently, the specialization and training…
Abstract: “Nearly sixty years ago, In re Gault guaranteed children in juvenile court the right to counsel. However, Gault fell short. While recognizing children’s distinct vulnerability, the Court created a right for children that is weaker than that of adults and failed to recognize how youth in fact require a more expansive right to counsel. Grounded in the stories of…
Creates a case for holding states liable for abdicating their duty to ensure that all children have zealous representation.
This affidavit written by Legal Ethicist Abbe Smith outlines the ethical quandaries posed by Florida’s direct file transfer laws and calls into question the legality of such laws based on adolescent development research. The affidavit states in relevant part: “The prosecutorial practice of direct file plea-bargaining without defender/child knowledge of the case’s strengths and weaknesses…
The Campaign for the Fair Sentencing of Youth issued Trial Defense Guidelines for representing youth facing a possible life sentence. “The objective of these guidelines is to set forth a national standard of practice to ensure zealous, constitutionally effective representation for all juveniles facing a possible life sentence (“juvenile life”) consistent with the United States…
Report to Colorado General Assembly on the State of the Youth Defense System in Colorado pursuant to House Join Resolution 13-1019, whose purpose was to “examine and make recommendations on current laws, procedures and practices for the appointment of counsel, advisement of rights and waivers of counsel for children in juvenile delinquency court.” This report…
