doc – The Gault Center

Sample Memorandum of Understanding Between Assistant District Attorney and Youth Dismissing Case in Adult Court and Agreeing to Special Conditions and a Negotiated Plea in Juvenile Court

This sample memorandum of understanding from Louisiana outlines an agreement between the Assistant District Attorney and a youth who was transferred or direct filed in adult court to return to juvenile court with an agreed-upon plea and disposition. This is a tool defenders can utilize in advocating for a youth to be sent back to…

Sample Motion to Reduce Level of Detention

This resource is part of the Youth Defender Advocacy Program (YDAP) curriculum, a specialized trial advocacy training program for youth defenders.

Template FASD Birth Mother Interview

COVID-19 Motion for Immediate Release (Louisiana)

Sample Motion to Appear Free of Physical Restraints

A sample motion from Ohio requesting the child appear in the courtroom free of physical restraints, including shackles, handcuffs, and chains. In support of this argument, the motion argues indiscriminate shackling compromises a young person’s right to due process including the presumption of innocence and the right to an individualized determination of the need to…

Template Motion for Youth to Appear in Court Free From Unlawful Restraints

A template motion from The Gault Center (formerly National Juvenile Defender Center) requesting a child appear before the court free from unlawful restraints. This is a comprehensive motion that argues unlawful restraints, in the form of a blanket shackling policy, violates the 14th Amendment of the U.S. Constitution and State Constitutions/State statute as it threatens…

Sample Motion Requesting Child-Centered Mens Rea Analysis

A sample motion from Alabama requesting a child-centered mens rea analysis that recognizes the well-established differences between adolescent and adult thought processes and the effect that such differences have on an actor’s state of mind. This motion bases its argument for a child-centered mens rea on reasoning as articulated in recent United States Supreme Court…

Template Brady Motion for Exculpatory Evidence and Impeachment Material

This template motion from West Virginia makes a pre-trial Brady request to the trial court. The motion requests all evidence and other materials favorable to the young person, any evidence which would tend to negate guilt for the alleged offense, and all evidence which could reasonably weaken or impeach evidence proposed by the State.

Template Jury Instructions for a Youth with a Jury Trial

This is a set of template jury instructions from West Virginia for a jury trial in a case involving a [youth] respondent. The instructions cover weight of the evidence, the presumption of innocence, the [youth] respondent’s right to remain silent or not testify in their case, and the requisite burden of proof.