Transfer or Bindover or Certification
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…
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…
Former Secretary of the Maryland Department of Juvenile Services, Vinny Schiraldi, wrote this op-ed, discussing President Trump’s deployment of National Guard troops in Washington D.C. and the District’s intentions to repeal lower the age for trying children as adults to 12 in the Youth Rehabilitation Act. The op-ed details Vinny’s reflections and observations during his…
This resource offers a brief overview of how children are transferred or bound over to adult court in Ohio and discusses what is at stake in the case of State v. D.T., 2024-Ohio-4482 (Ohio Ct. App. 2024) pending before the Ohio Supreme Court. The Gault Center filed an amicus in this case here. Oral arguments were…
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…
This article featured on the Frameworks Institute website offers research-based communication strategies for combating the manufactured controversy of a “crime emergency” caused by adolescents in Washington D.C. The article provides a topline nonpartisan message for responding to the relentless, toxic messaging around adolescent crime and outlines five framing recommendations for discussing the harmful policies being…
This report from the National Center for Youth Law examines the emerging policies across the United States that are likely to reverse the downward trend of youth incarceration rates.
The Sentencing Project released a report on adolescent gun possession cases, highlighting the harms of punishment and calling for comprehensive community-based initiatives to reduce gun violence. This report offers research on the reasons why youth carry guns, ranging from peer influence to past experiences of trauma and walks through how juvenile court systems typically respond…
The Gault Center submitted an amicus brief in the Supreme Court of Ohio on a case involving a young person’s right to appeal a competence and transfer determination in juvenile court after entering a guilty plea in adult court. Outlining procedural justice arguments and the constitutional right to a competency and transfer hearing, the brief…
This resource is part of the Youth Defender Advocacy Program (YDAP) curriculum, a specialized trial advocacy training program for youth defenders.
Human Rights Watch conducted a study on New Jersey’s waiver mechanisms, finding that the state is effectively operating a prosecutorial waiver system that is disproportionately harming Black and Latine youth, sidelining judicial oversight, and prioritizing punishment over treatment. This report offers recommendations for a wide range of system professionals to ultimately end the prosecution of…
This report challenges the notion that Georgia’s youth legal system is built to rehabilitate and suggests measures that protect the health and humanity of all the state’s children. First, this report will explore the myth of the “superpredator” and its impact on perceived Black youth criminality. Second, it will detail the state’s school-to-prison pipeline and…
This report details the results of the first-ever state-wide Adverse Childhood Experiences (ACEs) survey administered to people currently incarcerated for crimes they committed as children (under eighteen). The trauma measured from ACEs surveys include physical, sexual, and emotional abuse; physical and emotional neglect; separation from parents; mental illness or substance abuse in the home; parent…
The Office of Juvenile Justice and Delinquency Prevention and the National Institute of Justice released a fact sheet highlighting key delinquency caseload trends from 2021. There were 437,300 delinquency cases in the United States, down by 39% from 2020, contributing to an overall decline in delinquency cases since its peak in 1997. In 2021, 44%…
