Washington
From the Abstract: This Article will examine the critical role of pre-court diversion in the juvenile justice system and the traumatic impact that formal court referral has on children. Although juvenile proceedings are often described as rehabilitative rather than punitive, the act of being referred to court itself can produce lasting harm. Children who must…
Washington | King County Organization Description: Progress Pushers is dedicated to uplifting the experiences of youth and supporting their holistic needs to connect them to opportunities in their communities. Their mission is “to guide, educate and empower Black and Brown youth and those most impacted by societal systems by connecting them to mentors and much needed…
Washington | King County and surrounding counties Organization Description: Community Passageways provides wraparound services to youth and their families, helping them thrive at home, work, and in their communities. Through mentorship, resource navigation, and individualized support, the organization promotes stability and opportunity for youth and young adults. Community Passageways also partners with human services, public health,…
Leveraging the State Constitution to Challenge Racialized Discretion in Washington’s Juvenile System
From the Abstract: In jurisdictions around the country, the criminal punishment system disproportionately impacts children of color at every stage: during arrest, diversion, and incarceration, and, most importantly for this Essay, during prosecution of children in adult court—which is among the most severely disproportionate aspects of the system. While the dominant narrative is that adult…
The Washington Court of Appeals found that insufficient evidence supported the trial court’s conclusion that a knife found in D.R.’s backpack was an “other dangerous weapon” as defined by RCW 9.41.250 because D.R. was not using the knife in a dangerous manner,” ordering the trial court to vacate the guilty adjudication and dismiss the charge…
The Washington Court of Appeals held that Leo suffered substantial prejudicial error when the trial court only considered his age for his murder convictions in his Miller hearing and did not consider his age for the remaining convictions and therefore remanded his case for resentencing. The court stated in relevant part: “We conclude that Leo has proven…
The Court of Appeals of Washington remanded a case for resentencing finding that the trial court abused its discretion by “failing to place greater emphasis on Thang’s mitigating qualities of youth during resentencing,” pursuant to the Miller decision. The court stated in relevant part: “We agree with Thang that this analysis shows that the sentencing…
The Washington Appeals Division 2 reversed a conviction involving allegations of an 11-year-old child charged with attempted rape of a child, finding that the state failed to produce clear and convincing evidence that the child was capable of committing a criminal sexual act. The court stated in relevant part: “A child of at least 8…
The Supreme Court of Washington found a Miranda violation based on a totality of the circumstances analysis, which the Court noted must include consideration of race and age. The Court stated in relevant part: “The United States Supreme Court has established that in determining whether a suspect is in custody under Miranda, we must “‘examine…
An appellate court in Washington reversed a trial court’s denial of a young person’s motion to suppress a firearm as a fruit of an unlawful Terry stop. This case involved misidentification by the police officers of three youth of color and the court stated in relevant part: SH-M argues that the trial court erred when…
The Supreme Court of Washington vacated a conviction for second-degree murder, finding that the 16-year-old defendant’s waiver of rights was invalid, considering her age, recent head trauma, and lack of experience with the police. The court stated in relevant part: “Luna challenges several evidentiary rulings and argues that the court should have applied newly enacted…
From the Introduction: “Following a 2024 County Council request, the Pierce County Performance Audit Committee contracted with the CoLab for Community and Behavioral Health Policy at the University of Washington to conduct an audit of the county’s juvenile justice system against national and research best practice. The assessment is intended to guide future county investments…
From the abstract: “This Essay draws on empirical research to compose a sketch of the criminal legal systems of several sparsely populated counties in central and eastern Washington State. The study reveals how, at times, the dearth of attorneys available to do the work of prosecuting and defending criminal cases is subjecting system-involved individuals to…
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…
The Court of Appeals of Washington remanded a transfer case to the superior court and offered the following language in support. “Our Supreme Court has made clear that trial courts must be vigilant in addressing the threat of explicit or implicit racial bias that affects a defendant’s right to a fair trial. We hold that…
From the introduction: “The report begins by examining the racial impact of the Persistent Offender Accountability Act (POAA) through data. The racially disparate application of the Three Strikes Law has been documented since shortly after the law’s passage and has held constant for more than two decades. This report presents the most recent data related…
