Transfer or Bindover or Certification
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…
This report from National Institute for Criminal Justice Reform offers six principles of a positive youth justice system (‘PYJS’) including: 1) Minimize contact with the juvenile justice system, 2) partner with youth and families to develop and share ownership of case plans, 3) community-based organizations should take the lead, 4) build on youth assets and…
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%…
In State v. T.S., the Ohio Court of Appeals ruled the juvenile court abused its discretion when it transferred T.S.’s case to adult court pursuant to R.C. 2152.12(B) (Ohio’s discretionary transfer law). The court found the evidence presented in the transfer hearing, did not support a finding that T.S. was not amenable to rehabilitation within the juvenile system. The court offers the following language in support of its decision:: “Few,…
This one-page infographic from the Office of Juvenile Justice and Delinquency Prevention illustrates trends in delinquency cases in 2022.
The New Jersey Supreme Court held the Family Part did not abuse its discretion when it decided to hear the State’s request for waiver motion before E.S.’s suppression motion. The court declined to adopt a bright line rule for the order in which a Family Part should hear waiver and suppression motions but instead provided…
On August 29, 2024, the Gault Center hosted a National Youth Defense Townhall focused on the role of youth defenders in transforming the juvenile legal system. The Townhall outlined a theory of change rooted in cultivating critical connections to harness our collective power to transform systems of harm and punishment. In attendance were nearly 200…
The Court of Appeals of Washington remanded a transfer case to the superior court and offered the following language in support. “Our Supreme Court has made clear that trial courts must be vigilant in addressing the threat of explicit or implicit racial bias that affects a defendant’s right to a fair trial. We hold that…
Florida routinely pushes Black children out of schools and into a legal system with well-documented harms. In recent years, the state has made significant investments in school law enforcement and self-proclaimed “tough love” youth legal system policies, purportedly in the name of public safety. However, these investments have yielded a system that disparately disciplines, arrests,…
The National Youth Justice Network released a report detailing legislative trends on youth rights from 2023. This report highlights key gains made by several states around juvenile court fines and fees, expungement, transfer, and youth interrogation among other issues, and flags several regressive legislative trends rooted in harmful narratives about young people. This overview of…
This one-page infographic from the Office of Juvenile Justice and Delinquency Prevention illustrates statistics on waiver from juvenile to criminal courts.
This research article explores the history of girls prosecuted as adults in courts across the United States. It explores the effects of childhood trauma and victimization on brain and physical development and the connection to involvement in the criminal legal system as children. The article describes the results of a survey of young women who…
In this session of our 2022 Racial Justice Training Series and Book Club, Prof. Kristin Henning and Mary Ann Scali were joined by Eric Campbell, formerly incarcerated founder of Some People Understand Differently (SPUD), Inc.; Carmen Daugherty, Deputy Executive Director of Advancement Project; and Kristen Rome, Co-Executive Director of Louisiana Center for Children’s Rights. This…
The COVID-19 pandemic, declared a public health emergency in the United States on March 13, 2020, had an impact on the policies, procedures, and data collection activities of juvenile courts relating to the referrals and processing of youth. Mitigation efforts such as stay-at-home orders and school closures impacted the volume and types of law-violating behavior…
