Transfer or Bindover or Certification
This amici brief prepared by the Juvenile Law Center et al. highlights the particular characteristics of adolescent development and youth that make juvenile life without parole sentences unconstitutional and in violation of the 8th Amendment to the U.S. Constitution. The brief addresses youth’s culpability, potential for change, and risk taking behavior compared to adults as…
This amicus brief by Juvenile Law Center, Campaign for Youth Justice, and The Gault Center argues the transfer hearing in the state juvenile court deprived the young person of due process when the judge only considered the intentional murder charge, when they were ultimately convicted on the lesser offense of felony murder and second degree…
This amicus brief by Juvenile Law Center and The Gault Center argues Illinois automatic transfer law does not comply with recent research and findings on adolescent development as recognized by the Supreme Court jurisprudence in Roper and Graham. Further, amici argue the state’s automatic transfer statute violates the proportionality clause of Article I, Section 11…
The U.S. Supreme Court held juvenile life without parole for non-homicide offenses violates the 8th Amendment and offered the following language in support. “Roper established that because juveniles have lessened culpability they are less deserving of the most severe punishments. 543 U.S., at 569, 125 S. Ct. 1183, 161 L. Ed. 2d 1. As compared…
This amicus brief by The Juvenile Law Center, The Gault Center, and others highlights the unique developmental status of youth, relevant social science research, and Supreme Court Jurisprudence, that make a life without parole sentence for non-homicide crimes unconstitutional in violation of the 8th Amendment of the U.S. Constitution. As stated in their brief: “The…
This amicus brief by The Gault Center and others argues Nevada’s certification statute violates a child’s right to effective assistance of counsel as it interferes with counsel’s ability to plan and participate in the adversarial fact-finding process and it fails to measure up to essentials of due process and fair treatment. Furthermore, amici argue this…
From the introduction: “This brief tells the story of how the four Models for Change states—Pennsylvania, Illinois, Louisiana, and Washington—are already moving to reform and reshape their own state juvenile justice systems. These states have demonstrated strong leadership in juvenile justice policy, value collaboration and engagement, and because of their efforts, have changed the political…
From the introduction: “This policy brief will review the work done in one jurisdiction that has succeeded in reducing the number of minority youth detained pre-trial, summarize the lessons learned from innovations in Multnomah County, Oregon, and highlight their national significance. While the more general nationwide picture on reducing racial disparity in the juvenile justice…
The Oregon Supreme Court held the Due Process Clause of the 14th Amendment requires states to “accord a hearing before a [youth]can be remanded to the adult criminal process.” In this case, the remand statute at issue ORS 419.533 did not expressly provide for a hearing before transfer to adult court but the Oregon Supreme Court concluded that the intent…
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