Washington
The Washington Supreme Court ruled the trial court was required to consider an accused person’s race and ethnicity in the totality of the circumstances when determining whether a person was “seized” in Washington state constitution’s prohibition against unlawful seizure. The court offered the following language in support: As noted above, the article I, section 7…
In State v. K.A.B., the Court of Appeals of Washington held that the youth was entitled to a new capacity hearing based on defense counsel’s failure to thoroughly present a diminished capacity defense and the juvenile court’s application of an incorrect standard for capacity to commit a crime. The court offered the following language in support: “We reverse K.A.B.’s conviction because she received ineffective assistance of counsel. We…
Click here to read the defense reply brief.
Click here to read the defense brief.
On August 14, 2013, the U.S. Department of Justice filed a Statement of Interest in a federal lawsuit challenging deprivations of the right to counsel on misdemeanor cases in two cities in Washington. In calling for an independent monitor, the DOJ asserted, “First, a public defender must have the authority to decline appointments over the…
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: “This brief tells the story of how the four Models for Change states—Pennsylvania, Illinois, Louisiana, and Washington—are already moving to reform and reshape their own state juvenile justice systems. These states have demonstrated strong leadership in juvenile justice policy, value collaboration and engagement, and because of their efforts, have changed the political…
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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