In the Interest of J.W., 2025 S.D. 38 (S.D. 2025)

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Ten is Too Young: South Dakota’s Need for a Legislative Amendment Raising the Minimum Age of Criminal Responsibility to Fourteen

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From the abstract: “South Dakota, like many other states, allows young children to be introduced to the criminal justice system at a very young age. Although South Dakota originally focused on managing children’s misbehavior, the law has evolved in a way that punishes kids for being kids. Despite recent reforms to handle juvenile delinquency in…

Strengthening Indigenous Communities to Eliminate Disparities in the Criminal Justice System Infographic 2024

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This infographic details statistics on the overrepresentation of Native and Indigenous communities in the criminal legal system, noting in particular that the incarceration rate of American Indian/Alaska Native communities increased 60 percent from 1990 to 2020. It cautions that current data collection practices on Native and Indigenous communities are often incomplete and inaccurate due to…

Center on Wrongful Convictions of Youth et al. Amicus Brief, South Dakota v. Diaz

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This amicus brief by Center on Wrongful Convictions of Youth, The Gault Center, and others argue a 15-year-old child from South Dakota did not knowingly and intelligently waive her Miranda rights when the police failed to allow her to consult with her mother before interrogation, minimized the importance of the Miranda warnings, and did not…