U.S. Supreme Court
This amicus brief by The Juvenile Law Center and The Gault Center wrote the amicus, urging the Supreme Court to Grant Certiorari in the case of Bunch v. Bobby. This brief argues that juvenile life without parole sentences are unconstitutional for non-homicide offenses as articulated in Graham must be applied to sentences that are the…
This amicus brief by The Juvenile Law Center and The Gault Center argues that young people have a constitutional right to a jury trial pursuant to the 6th and 14th Amendment, in cases with serious consequences, such as sex offenses with numerous collateral consequences, in juvenile court, without “comparable adult procedural protections”. Further, the brief…
This amici brief prepared by the Juvenile Law Center et al. highlights the particular characteristics of adolescent development and youth that make juvenile life without parole sentences unconstitutional and in violation of the 8th Amendment to the U.S. Constitution. The brief addresses youth’s culpability, potential for change, and risk taking behavior compared to adults as…
This amicus brief by Juvenile Law Center and others argues young people are different for purposes of the Miranda custody analysis and the Supreme Court should afford young people Constitutional protections in light of Supreme Court jurisprudence on interrogations and recently under the 8th Amendment as well as social science research about the particular vulnerability…
This amicus brief by Center on Wrongful Convictions of Youth, Juvenile Law Center, and others argues that a juvenile court adjudication should not be used to enhance a sentence in adult court under Apprendi v. New Jersey, 530 U.S. 466 (2000), because a juvenile court adjudication lacks the same reliability as a criminal conviction, and…
This amicus brief by South Dakota Advocacy Services, The Gault Center, and others argues the 8th Circuit’s interpretation of IDEA’s procedural safeguards are unconstutional under the 14th Amendment Due Process Clause and violate the plain language of the statute. The brief also outlines procedural protections from school exclusion for students with disabilities. As stated in…
The U.S. Supreme Court held juvenile life without parole for non-homicide offenses violates the 8th Amendment and offered the following language in support. “Roper established that because juveniles have lessened culpability they are less deserving of the most severe punishments. 543 U.S., at 569, 125 S. Ct. 1183, 161 L. Ed. 2d 1. As compared…
This amicus brief by The Juvenile Law Center, The Gault Center, and others highlights the unique developmental status of youth, relevant social science research, and Supreme Court Jurisprudence, that make a life without parole sentence for non-homicide crimes unconstitutional in violation of the 8th Amendment of the U.S. Constitution. As stated in their brief: “The…
The U.S. Supreme Court ruled the Due Process Clause of the Fourteenth Amendment did not assure the right to a jury trial for youth in juvenile court. Here is excerpted language from the decision: “The juvenile concept held high promise. We are reluctant to say that, despite disappointments of grave dimensions, it still does not…
