This pleading addrresses school district illegally strip searching 12-year-old Black and Latina students.
From the executive summary: ‘This comprehensive study of 804 New York City public middle and high schools sought to isolate the independent impacts of suspension, as well as to disentangle the effects, if any, of student, school, and neighborhood characteristics. Conversely, the study also explored the relationship of restorative justice and other positive practices to…
The Columbia University Justice Lab released a report spotlighting New York City’s Close to Home initiative, an effort that reduced the rate of youth sent to state-operated prisons in New York City. “This case study describes the development of the Close to Home (C2H) initiative, beginning with a review of what the system looked like…
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…
On January 3, 2017, the DOJ filed a Statement of Interest in a case involving the use of solitary confinement for 16 and 17 year olds in the Onondaga County Justice Center in New York. This brief outlines the harms of solitary confinement as applied to young people in light of their brain development and…
This paper from the Executive Session on Community Corrections at the Harvard Kennedy School examines the history of youth incarceration and discusses how the inherently flawed model of youth prisons demands systemic reforms, including closure of youth prisons, to actualize safer communities, and positive youth outcomes. From the introduction: “For 170 years, since our first youth correctional institution opened, America’s approach…
The New York Supreme Court Appellate Division reversed the judgement and conviction, vacated the plea, and granted the motion to suppress all evidence after finding the police lacked an objective, credible reason to justify an initial approach and request for information. The court, citing a lack of evidence to support the police encounter, offered the following language in support: “In evaluating police conduct, a court “must determine whether the action taken was justified…
This article summarizes a study conducted by Yale Law School, Columbia Law School and Mailman School of Public Health at Columbia University, examining the influence of street stops by police on the legal socialization of adolescents and emerging adults ages 18-26 in New York City. The study showed an association between the number of police…
A practice guide for youth defenders in delinquency cases when litigating suppression issues. This guide covers all aspects of litigating a suppression motion: from drafting the motion, securing witnesses, evidentiary considerations, appellate preservation, and procedural aspects of the suppression hearing that may arise at the suppression hearing, during trial. and on appeal.
On August 14, 2013, the U.S. Department of Justice filed a Statement of Interest in a federal class action lawsuit on the constructive denial of counsel in criminal proceedings within five counties in New York. The DOJ asserted, “The provision of defense services is a multifaceted and complicated task. To guide the defense function, the…
An introductory guide to defending an arson case including what to look for in discovery, preparation for an arson invesigation, and myths related to arson forensic science.
An illustrated guide to the juvenile justice system.
On July 14, 2010, the DOJ entered into a settlement agreement with the State of New York to remedy constitutional violations in the juvenile facilities. The settlement agreement outlines that the state shall not subject youth to undue restraints and must provide adequate and appropriate mental health care and treatment to youth. Related actions: [New…
On July 14, 2010, the DOJ filed a complaint in the U.S. District Court for the Northern District of New York against the State of New York, alleging that the state “disregarded known or serious risks of harm to youths at the Facilities . . . . constituting a pattern or practice that violates the…
On August 14, 2009, the DOJ released its investigation of four juvenile facilities in New York, finding that conditions violate federal and constitutional rights of youth. Specifically, the investigation highlights the facilities’ use of excessive force and inappropriate restraints and its failure to provide adequate mental health care and treatment for youth, in violation of…
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…
From the introduction: “In this Pathway we explore why youth of color are overrepresented in the juvenile detention system and review what has been done in some sites to reduce the number of minority youth in detention. Dealing with disparity in the use of detention has been one of the most challenging pieces of the…
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