The 1st District Court of Appeals of Michigan vacated a life without parole sentence following a felony murder conviction, finding that trial counsel was ineffective by failing to raise mitigating evidence on adolescent brain development and childhood trauma and abuse. The court stated in relevant part: Appellate counsel obtained a mitigation expert, Mary Cuddehe, to…
From the Summary of this practice guide by Youth Law Center: “In May 2025, the California Department of Social Services (CDSS) issued an All County Information Notice (ACIN) in response to the growing intersection between immigration enforcement and child welfare involvement. The ACIN provides guidance regarding the rights of children, youth, and parents who are…
Executive Director Mary Ann Scali was interviewed by USA Today regarding conditions of confinement concerns at Ohio’s Indian River Juvenile Correctional Facility. Staffing shortages, extensive use of solitary confinement, and staff conducting rounds via video instead of in person are a just a few of the issues that have been reported by young people and…
The Washington Appeals Division 2 reversed a conviction involving allegations of an 11-year-old child charged with attempted rape of a child, finding that the state failed to produce clear and convincing evidence that the child was capable of committing a criminal sexual act. The court stated in relevant part: “A child of at least 8…
The 1st District Court of Appeals vacated a sentence involving, finding that the trial court failed to properly consider youthfulness at the time of offense as a mitigating factor. The court stated in relevant part: “Defendant argues that the trial court again failed to properly consider his youth at the time of the offense as…
This proposed draft of a legislative “findings and declarations” document for a youth detention and disposition reform bill in California affirms the legislature’s commitment to make placement in juvenile detention “the exception, not the rule.” The draft findings rely on research regarding the impact of detention on young people, racial justice, developmental science, and California…
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 memorandum proposes language for a detention and disposition reform bill in California. The memorandum proposes four areas the detention reform bill aims to change including: 1) clarifying the legal standard for pre-adjudication detention of youth, 2) clarifying the juvenile court’s authority to determine whether pre-adjudication detention is still necessary, 3) clarifying the standard at…
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 need to protect the rights of children and young people in detention is the subject of a recent United Nations study (Nowak 2019) and is highlighted by national and international controversies. This article examines the role of external monitoring in preventing the ill-treatment of children and young people in detention. Australia has until recently…
The First District Court of Appeal in California held that defense counsel was ineffective for failing to present mitigation evidence at a resentencing hearing. The court stated in relevant part: “The judge might also have struck the enhancement as a reasonable response to the evidence of defendant’s intellectual disability and the abuse or neglect he…
The Supreme Court of Washington vacated a conviction for second-degree murder, finding that the 16-year-old defendant’s waiver of rights was invalid, considering her age, recent head trauma, and lack of experience with the police. The court stated in relevant part: “Luna challenges several evidentiary rulings and argues that the court should have applied newly enacted…
This report from Vera Institute for Justice provides examples of reforms from various states that are working to reduce the incarceration of girls in detention and long-term placement. “Over the last decade, as a direct result of focused efforts by youth advocates and a growing body of research on developmentally appropriate practices, many states have…
This resource from Lambda Legal and the American Bar Association Children’s Rights Litigation Committee gives attorneys an overview on how to approach client interviewing and relationship building in a respectful and trauma-informed way. The page discusses the importance of identity for young people’s well being and on their legal cases. It also reviews basic interview…
From the abstract: “Attorneys who can recognize and respond to trauma and stress, in both their clients and in themselves, are better positioned to provide effective advocacy and help shape a more restorative legal practice. As clients and communities face mounting pressure amid growing social, economic, climate, and systemic challenges, legal education must evolve to…
This amicus brief from over 26 juvenile justice amici, including the Gault Center, , argues 1) the spirit and text of New York’s passage of landmark Raise the Age Law rejects the attitudes that underlay the Juvenile Offender Act of 1978, 2) New York’s Raise the Age Law and its legislative history demands a youth subject to adult prosecution only in “extremely rare and exceptional cases”, 3) before courts…
A companion checklist for probation officers, walking through key considerations when working with noncitizen youth.
Provides tangible opportunities probation officers have to support positive youth development equitably for all youth, regardless of immigration status and circumstances beyond a young person’s control.
The Health and Reentry Project highlights promising Medicaid policy changes that promote continuity of care for young people returning to their communities following incarceration. The changes will support reentry for young people who are eligible for Medicaid or the Children’s Health Insurance Program by introducing them to services that would start 30 days before release…
From the abstract: “The discipline of public health has begun to recognize the structural inequities of the carceral system as drivers of poor individual and population health. Thenumberofpeopleincarceratedandthelengthoftheirincarcerationdeterminethescopeandgravityoftheirexposureto these individual and public health effects. Plea bargains all but guarantee a period of incarceration, often for many years, because prosecutors have significant bargaining power against defendants…
