Minnesota
The Minnesota Court of Appeals held that statements made to a child welfare investigator after invoking the right to counsel are inadmissible under Miranda, finding that the investigator was acting as an arm of the state. The court reasoned: The central issue on appeal therefore narrows to whether Flores’s invocation of his Miranda rights bars not…
This testimony from the No Tech Criminalization in Education Coalition (NOTICE) opposes funds for AI surveillance technologies in Minnesota schools and outlines the ways these technologies violate the rights of youth and young adults including student data privacy concerns, the known pathway these technologies create to algorithmic discrimination in schools, and the scientific validation and…
The Minnesota Court of Appeals held that the district court failed to make findings of fact required by statute when ordering restitution and remanded the case for the trial court to make the requisite findings. The court held in relevant part: “Juvenile-delinquency orders require written findings “to show that the district court considered vital standards…
The Minnesota Court of Appeals reversed a restitution order on a juvenile delinquency case based on a finding that the youth was deprived of their right to effective assistance of counsel. The Court stated in relevant part: “Finally, K.A.A. contends that her right to effective assistance of counsel was violated in the restitution proceeding. Juvenile-delinquency…
The Supreme Court of Minnesota ruled that due process requires an impartial judge and offered the following language in support. “We conclude by emphasizing that the Minnesota Constitution’s guarantee of due process includes the right to an impartial judge. Minn. Const. art. 1 § 7. We therefore clarify that our holding in this case—that due process…
This Article is one of the first to explore the racialized impact of the two most controversial and ubiquitous forms of what we call “imputed liability murder.” An analysis of ten years of murder prosecutions in the state of Minnesota reveals that imputed liability murder is anything but a fringe subtype of homicide: an astounding…
From the executive summary: “On April 21, 2021, the Department of Justice opened a pattern or practice investigation of the Minneapolis Police Department (MPD) and the City of Minneapolis. By then, Derek Chauvin had been convicted in state court for the tragic murder of George Floyd in 2020. In the years before, shootings by other…
This executive summary from the Giffords Law Center examines the effectiveness of diversion programs for nonviolent gun possession, focusing on diversion programs in Brooklyn and Minneapolis as successful examples. From the resource: “The United States accounts for just 4% of the global population but a startling 25% of the world’s prisoners. The mass incarceration crisis…
This amicus brief by Juvenile Law Center, Campaign for Youth Justice, and The Gault Center argues the transfer hearing in the state juvenile court deprived the young person of due process when the judge only considered the intentional murder charge, when they were ultimately convicted on the lesser offense of felony murder and second degree…
This report from the Centers for Disease Control and Prevention provides a review of the effectiveness of laws and policies that facilitate the transfer of youth to adult court and ultimately, recommends against transfer to prevent or reduce violence. From the Summary: “The independent, nonfederal Task Force on Community Preventive Services (Task Force), which directs…
