California
From the introduction: “Sleep is a biological necessity. If camping on public property is banned across the board, those without access to shelter must unequivocally break the law. Houseless individuals have therefore challenged the constitutionality of anti-camping ordinances on several occasions, particularly under the Cruel and Unusual Punishment Clause of the Eighth Amendment. In a…
From the Introduction: “Although California needs to make major improvements to its indigent defense system, the most overdue and pressing starting point is to ban flat-fee contracts. In this report, we explore why many California counties rely on flat-fee contracts, analyze recent contracts in counties that do not have a dedicated public defender’s office, and…
Abstract: In the wake of Miller v. Alabama and its progeny, there has been a wider acceptance that juvenile’s need more protections in our judicial system. This is a result of a growing body of research stating that young people’s brains do not fully develop until the age of twenty-five. States across the country are…
This letter was prepared by a group of organizations in California to the Los Angeles County Probation Department and County Board of Supervisors stating “In light of recent federal developments including an alarming increase in immigration enforcement actions, we, the undersigned organizations, write to urge you to review your protocols and ensure they are consistent…
This 2024 Impact report from Communities United for Restorative Youth Justice (CURYJ) focuses on the organization’s accomplishments, including the opening of CURYJ’s Youth Power Zone, a physical space that provides community-led, community-owned direct-service programming, advocacy and culturally-rooted healing. CURYJ also highlights the acquisition of a second physical space for community peace, healing, and resilience. Further,…
This report from National Institute for Criminal Justice Reform offers six principles of a positive youth justice system (‘PYJS’) including: 1) Minimize contact with the juvenile justice system, 2) partner with youth and families to develop and share ownership of case plans, 3) community-based organizations should take the lead, 4) build on youth assets and…
This amicus brief by the Santa Clara County Independent Defense Counsel Office argues the decision in People v. Hardin should be affirmed because historical legacies of racism disparately expose some adolescents to the legal system and this does not justify lifelong punishment without considering rehabilitation. From Introduction & Summary of Argument: “Youthful offender parole is authorized by age at the…
This amicus brief by American Civil Liberties Union and others argues that denying an opportunity for parole for young adults between the ages of 18 and 25 raises an equal protection violation given the racially disproportionate impact of life without parole sentences on young adults, resulting from “tough on crime” politics based in racial bias. From the Introduction: “In analyzing Petitioner Hardin’s equal protection…
This bill amends CA WIC § 707(a) by requiring a court to find by clear and convincing evidence that a minor is not amenable to rehabilitation while under juvenile court jurisdiction and requiring that court’s order to include the reasons supporting a finding that a minor is not amenable to rehabilitation in the juvenile court. This bill…
Between a Rock and a Hard Place: The Social Costs of Pretrial Electronic Monitoring in San Francisco
This report features findings from in-depth interviews from 66 people who were court-ordered to electronic monitoring (EM) in San Francisco County, California. Highlighting the nature and difficulties program participants face while trying to comply with EM programs, the report demonstrates the harms of EM, including finding safe housing, securing employment, social isolation, trouble maintaining physical and emotional connections to loved ones, and increased likelihood of new contacts with law enforcement. From…
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