Gault Center Publications
This document, developed by the National Center for Lesbian Rights (NCLR) and NJDC, is a supplement to the original checklist and is focused specifically on advocating for the safety and well-being of transgender, gender nonconforming, and intersex (TGNCI) young people housed in secure and non-secure facilities. TGNCI young people are vulnerable to the same harms…
Youth in detention are removed from settings that matter: their homes, schools, and communities. Without those supports, children develop higher rates of depression, anxiety, and other mental health conditions, and they lose access to educational opportunities. Once released, youth who spent time behind bars are more likely to disengage from school and become system-involved in…
As a defender, it is important to consider how trauma and mental illness may have played a role in the behaviors that led a young person to become your client. This publication outlines five points to guide your advocacy.
Most states do not set a minimum age of prosecution in juvenile court. And although common sense knowledge of child development1 and international standards2 compel removal of younger children from the juvenile legal system, states have yet to heed the call. Because younger children are inherently more vulnerable,3 they should not be subject to the…
This publication covers the ways in which the collateral consequences of juvenile court involvement and the longevity and availability of juvenile court records directly interfere with the very things that help young people succeed.
As you move forward with your life after being involved in the juvenile court system, this guide provides information about what obstacles may lie ahead and how to prepare yourself. The court and police paperwork about your case is called your “juvenile record.” This record can affect your life for years to come. But you…
As you move forward with your life after being involved in the juvenile court system, this guide provides information about what obstacles may lie ahead and how to prepare yourself. The court and police paperwork about your case is called your “juvenile record.” This record can affect your life for years to come. But you…
A list covering states that ban shackling young people and those that do not.
As juvenile defense system stakeholders consider creating or reforming their contract counsel system, it is important to start with a full understanding of the contracting process and system. The considerations and recommendations provided within this publication may need to be modified for the specifics of your jurisdiction.
Young people facing delinquency charges need and deserve full access to high-quality, zealous defense representation, regardless of where they live. Even in counties with public defenders, at least some of the attorneys appointed to represent youth in delinquency court are engaged through a contract or other court-appointment system. It is, therefore, imperative that policymakers, defense…
A guide to states that ban indiscriminate shackling of young people and those that do not.
These guidelines are designed to assist defenders in assessing their advocacy at the traditional, threepart initial hearings held in most jurisdictions: arraignment, the probable cause determination, and the detention hearing. In some jurisdictions, these are all collapsed into a single hearing. Because many jurisdictions still allow children to waive their right to counsel and/or plead…
Los Diez Principios Fundamentales Para Prestar Representación Legal de Alta Cali dad a Delincuentes Juveniles dentro del Sistema de Defensores Públicos provee el criterio para implementar al sistema de defensores públicos la decisión de la corte en el caso In re Gault. Estos Principios son una guía para que los directores de las oficinas de…
The use of cash bail in the criminal legal system—as one option of conditional release—was established for the sole purpose of ensuring the accused’s presence in court. However, when the bail amount is set at a figure higher than the amount reasonably calculated to fulfill this purpose, it is deemed excessive under the Eighth Amendment.…
The United States Supreme Court has cited a comprehensive body of research on adolescent development in its opinions examining youth sentencing, culpability, and custody. Several key characteristics of youth have been noted in each of these opinions and must be considered in judicial decision-making and interactions with youth in court. We encourage judges to read…
The National Juvenile Defender Center (NJDC) performed a qualitative study to better understand bail practices in juvenile courts at the local level, and to ensure juvenile money bail is included in the national movement on bail reform. NJDC emailed an electronic survey to a select number of juvenile defenders from all 50 states, the District…
This tool is designed to provide guidance for managers and supervisors in juvenile defender organizations to identify, develop, and promote strategies and interventions that will heighten the level of advocacy aimed at minimizing the detention of juveniles.
As you move forward with your life after being involved in the juvenile court system, this guide provides information about what obstacles may lay ahead and how to prepare yourself. The court paperwork about your case is called your “juvenile record.” This record can affect your life for years to come. But you can still…
As you move forward with your life after being involved in the juvenile court system, this guide provides information about what obstacles may lay ahead and how to prepare yourself. The court and police paperwork about your case is called your “juvenile record.” This record can affect your life for years to come. But you…
As you move forward with your life after being involved in the juvenile court system, this guide provides information about what obstacles may lay ahead and how to prepare yourself. The court and police paperwork about your case is called your “juvenile record.” This record can affect your life for years to come. But you…
Including arrests, dismissed petitions, and adjudications – can create long-term barriers to a young person’s employment, housing, and educational opportunities. Juvenile defenders can break down these barriers by discussing these consequences with their clients, mitigating potential harms, and building pathways to success. Understanding collateral consequences is critical to every plea or diversion negotiation, could impact…
As you begin to move forward with your life after being involved in the juvenile court system, this guide provides information about what obstacles lay ahead and how to prepare yourself. The court and police paperwork about your case is called your “juvenile record.” This record can affect your life for years to come. But…
This guide is designed to provide necessary information to juvenile defenders representing children whose juvenile court involvement may trigger immigration consequences. Although a finding of delinquency is not a “conviction” for purposes of immigration (and, thus, does not have the same dire consequences as a conviction), a juvenile arrest, charge, or adjudication may nonetheless trigger…
Developmental research shows that behaviors and characteristics common in adolescence are consistent across all races, ethnicities, and socioeconomic groups. These studies, controlling for race and ethnicity, found no significant difference in key features of adolescent development, such as impulsivity, sensation seeking, susceptibility to peer influence, and a limited ability to plan ahead or anticipate consequences.…
