The Criminalization of Childhood (2019)

Most states do not set a minimum age of prosecution in juvenile court. And although common sense knowledge of child development1 and international standards2 compel removal of younger children from the juvenile legal system, states have yet to heed the call. Because younger children are inherently more vulnerable,3 they should not be subject to the…

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Broken Contracts: Contract Counsel Toolkit

As juvenile defense system stakeholders consider creating or reforming their contract counsel system, it is important to start with a full understanding of the contracting process and system. The considerations and recommendations provided within this publication may need to be modified for the specifics of your jurisdiction.

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Broken Contracts: Reimagining High-Quality Representation of Youth in Contract and Appointed Counsel Systems

Young people facing delinquency charges need and deserve full access to high-quality, zealous defense representation, regardless of where they live. Even in counties with public defenders, at least some of the attorneys appointed to represent youth in delinquency court are engaged through a contract or other court-appointment system. It is, therefore, imperative that policymakers, defense…

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Achieving Excellence in Detention Advocacy: Guidelines for Juvenile Defenders to Provide Zealous Advocacy at Initial Detention Hearings

These guidelines are designed to assist defenders in assessing their advocacy at the traditional, threepart initial hearings held in most jurisdictions: arraignment, the probable cause determination, and the detention hearing. In some jurisdictions, these are all collapsed into a single hearing. Because many jurisdictions still allow children to waive their right to counsel and/or plead…

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Diez Principios Fundamentales: Para Prestar Representación Legal de Alta Calidad a Delincuentes Juveniles Dentro Del Sistema de Defensores Públicos

Los Diez Principios Fundamentales Para Prestar Representación Legal de Alta Cali dad a Delincuentes Juveniles dentro del Sistema de Defensores Públicos provee el criterio para implementar al sistema de defensores públicos la decisión de la corte en el caso In re Gault. Estos Principios son una guía para que los directores de las oficinas de…

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A Right to Liberty: Resources for Challenging the Detention of Children

The use of cash bail in the criminal legal system—as one option of conditional release—was established for the sole purpose of ensuring the accused’s presence in court. However, when the bail amount is set at a figure higher than the amount reasonably calculated to fulfill this purpose, it is deemed excessive under the Eighth Amendment.…

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Applying Principles of Adolescent Development in Delinquency Proceedings

The United States Supreme Court has cited a comprehensive body of research on adolescent development in its opinions examining youth sentencing, culpability, and custody. Several key characteristics of youth have been noted in each of these opinions and must be considered in judicial decision-making and interactions with youth in court. We encourage judges to read…

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A Right to Liberty: Reforming Juvenile Money Bail

The National Juvenile Defender Center (NJDC) performed a qualitative study to better understand bail practices in juvenile courts at the local level, and to ensure juvenile money bail is included in the national movement on bail reform. NJDC emailed an electronic survey to a select number of juvenile defenders from all 50 states, the District…

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A Guide to Collateral Consequences of Juvenile Court Involvement in Ohio

As you move forward with your life after being involved in the juvenile court system, this guide provides information about what obstacles may lay ahead and how to prepare yourself. The court and police paperwork about your case is called your “juvenile record.” This record can affect your life for years to come. But you…

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