This Article explores how race functions to ascribe and criminalize disability. It posits that for White students in wealthy schools, disabilities or perceived disabilities are often viewed as medical conditions and treated with care and resources. For students of color, however, the construction of disability (if it exists) may be a criminalized condition that is…
From the Executive Summary: “This primer introduces key factors that juvenile court judges should consider in order to take a trauma-informed approach when “newcomer immigrant youth” come before them in juvenile justice cases. Created by attorneys and mental health experts on trauma, juvenile justice, and immigration, this primer is the product of the Center for…
From the abstract: “Latinx immigrants living in the United States often experience the negative effects of systemic oppression, which may lead to psychological distress, including ethno-racial trauma. We define ethno-racial trauma as the individual and/or collective psychological distress and fear of danger that results from experiencing or witnessing discrimination, threats of harm, violence, and intimidation…
On November 15, 2018, a joint settlement was reached to address the conditions of confinement in Florida’s Palm Beach County Jail. The settlement agreement outlines comprehensive changes in the facility, including giving young people time and access to appropriate recreational activities outside of their cells during school hours. The settlement also limits the amount of…
On October 1, 2018, the DOJ filed a Statement of Interest in a federal class action lawsuit on behalf of young people confined in Florida’s Palm Beach County Jail. The DOJ highlights the protections afforded to students with disabilities under the Individuals with Disabilities Education Act (IDEA), and the “independent and shared” responsibilities and obligations…
This report from the Urban Institute features results from a survey of young people in four Chicago neighborhoods to “learn from young adults firsthand whether and why they decide to carry guns, how they acquire firearms, how they experience gun violence, and what they view as the best strategies to reduce gun carrying and promote safety in their communities.” From the report: …
From the abstract: “Forcible separation and detention of children from parents seeking asylum in the United States has been decried as immoral and halted by court order. Babies and children have been separated and transported to facilities sometimes many miles away. Limited data on forced detention of unaccompanied minors reveal high incidence of posttraumatic stress,…
Abstract: Research indicates that sexual minority youth are disproportionately criminalized in the U.S. and subjected to abusive treatment while in correctional facilities. However, the scope and extent of disparities based on sexual orientation remains largely overlooked in the juvenile justice literature. This study, based on a nationally representative federal agency survey conducted in 2012 (N=8,785;…
On June 21, 2018, a federal class action lawsuit was filed on behalf of young people confined in the Palm Beach County Jail, alleging violations of their 8th and 14th Amendment rights under the U.S. Constitution. The plaintiffs are youth whose cases have been direct-filed in adult court in Palm Beach County, Florida. The complaint…
From the Abstract in the Journal of Immigrant and Minority Health: “While research has demonstrated an association between trauma and mental health, this study examined the association between trauma experienced premigration, during migration, and postmigration, and current mental health status among Latino youth aged 12–17 years old living in the US for <3 years. Participants…
An infographic outlining strategies for post-disposition advocacy.
This article from Dr. Antoinette Kavanaugh and Dr. Thomas Grisso examines the roles experts can play in “Montgomery” resentencing cases. From the article: “In summary, experts can play an important role in the approximately five hundred Miller/ Montgomery cases pending in Pennsylvania’s courts. Experts retained by the defense can serve as educators or evaluators. In…
This policy report features interviews of young people who have been incarcerated in youth facilities in Colorado and details the harmful conditions and culture in these programs. From the Executive Summary: “Despite a mission of rehabilitation rather than punishment, the culture of the Colorado Division of Youth Corrections (DYC) is plagued by punitive practices that…
The U.S. Department of Justice filed a Statement of Interest in a federal class action lawsuit challenging the use of solitary confinement for 16- and 17-year-old youth in custody, including youth with disabilities. Calling for the federal district court to consider Supreme Court jurisprudence and growing scientific research on adolescent development, the DOJ asserts, “Juveniles…
This article from the American Criminal Law Review “argues that our judicial system and legislatures, when crafting juvenile justice law, policy, and practice, cannot stop with merely incorporating the research behind the impact of normal adolescent development on the decisionmaking abilities of youth; they must also incorporate the research behind how the experience of trauma…
In the national conversation about youth overincarceration and disproportionate minority contact in the juvenile legal system, Native American youth are often statistically invisible. Closer attention, however, reveals that Native youth who come into contact with the juvenile legal system are more likely to be locked in secure confinement than other youth, with disproportionality rates in…
On October 2, 2015 the DOJ filed a Statement of Interest in a federal lawsuit on behalf of two students who were seized and handcuffed by a school resource officer (SRO), alleging violations under the Fourth and Fourteenth Amendments and Title II of the Americans with Disabilities Act (ADA). The DOJ asserted that the Sheriff’s…
This expert affidavit from Dr. Gwenyth Campbell Rost, Ph.D., a speech-language pathologist, describes the impacts of shackling and the use of physical restraints on young people with communication and language disabilities who are involved in the juvenile legal system. The affidavit highlights how shackling and restraining youth impedes their ability to communicate and remember information…
This expert affidavit from Dr. Louis Kraus, a child psychiatrist, and chief of child and adolescent psychiatry at Rush University Medical Center, describes the traumatic impacts of indiscriminate shackling on young people in the juvenile legal system. The affidavit highlights how shackling interferes with the purported goals of the juvenile legal system and with a…
This expert affidavit from Dr. Robert Bidwell, a physician who is board certified in pediatric and adolescent medicine and licensed in Hawaii, underscores the harm of indiscriminately shackling young people in the juvenile legal system. Dr. Bidwell highlights the high proportion of young people in the juvenile legal system who have experienced trauma and exhibit…
This expert affidavit from Dr. Marty Beyer, Ph.D., a clinical psychologist licensed in D.C., Virginia and Washington, highlights the negative impacts of shackling on young people’s identity development, including their views of their own self-worth and of fairness in legal settings. Further, the affidavit describes how shackling re-traumatizes youth who may have previously experienced traumatic…
