Resource Library
On August 29, 2024, the Gault Center hosted a National Youth Defense Townhall focused on the role of youth defenders in transforming the juvenile legal system. The Townhall outlined a theory of change rooted in cultivating critical connections to harness our collective power to transform systems of harm and punishment. In attendance were nearly 200…
The National Institute of Justice issued five key findings from research and data on youth and delinquency. The findings include: 1) risk-taking behaviors are a normal part of adolescent development; 2) risky behaviors increase through adolescence and then decline over time as youth mature; 3) few youth are arrested for any crime, and even fewer…
Florida routinely pushes Black children out of schools and into a legal system with well-documented harms. In recent years, the state has made significant investments in school law enforcement and self-proclaimed “tough love” youth legal system policies, purportedly in the name of public safety. However, these investments have yielded a system that disparately disciplines, arrests,…
The Sentencing Project released an updated snapshot of youth arrest and incarceration rates, revealing that youth arrest rates have declined 80% from 1996 and youth incarceration declined 75% between 2000 and 2022. Despite these shrinking rates, the juvenile legal system is still marked by significant racial and ethnic disparities. Black youth are 4.7 times more…
The evidence provided in this brief supports bold reforms for youth and emerging adults sentenced to extreme punishments.
The American Bar Association (ABA) passed a resolution urging all governmental authorities to enact laws and policies prohibiting police from utilizing deceptive practices during youth interrogations. Relying on adolescent development research and recognizing the inherent vulnerabilities of youth during police interrogations, the ABA outlines that “it is beyond dispute that interrogations of adolescents by law…
The answer, then, is not to simply reform the system of punishment, but to stop surveilling and punishing kids and instead invest in the things that set kids up for success, like education, family support, and access to healthcare. We need to start seeing children as children, not as criminals, and giving them the tools…
Certain members of society are more vulnerable and require more protection than others; minors are but one example. Society recognizes the unique position of children and adolescents in other areas of law and investigatory procedures. That same recognition should be extended to custodial interrogations of minors charged with acts of juvenile delinquency so that appropriate…
In this Article, we call for greater nuance and careful treatment of rap-related evidence in the courtroom, which includes recognizing rap’s history, conventions, and practices generally, and acknowledging rap’s complicated and complex intersection with gangs specifically. Greater nuance and more careful treatment will enable courtroom members, including judges and jurors, to make better informed evaluations…
This paper analyzes how race and reproductive healthcare are used as carceral tools of racial oppression that emanate from slavery. I argue that both mass incarceration and the denial of reproductive health services for Black women must be abolished as a way of abolishing vestiges of slavery. Part II contextualizes the historical control of Black…
A robust literature is developing around how the stress of discrimination is implicated in individual- and group-level sleep disturbances, and how these disturbances contribute to the development of population-level sleep disparities over time. Although discrimination can be based on many individual and intersecting biases, like gender, sexuality, socioeconomic status, and education, in this article, we…
This Article suggests that doing non-extractive research, what some have called liberation science,7 involves transformation starting from the earliest stages of the research process to upend implicit hierarchies of knowledge and power. Part I of this Article explains the concept of wicked problems and documents the embedded wicked problem of structural racism. Part II focuses…
This article situates trauma within the Supreme Court’s mitigation framework for adolescents. The framework is based on the developmental research recognized by the Supreme Court in three landmark cases—Roper v. Simmons, Graham v. Florida, and Miller v. Alabama.
By understanding the conditions facing incarcerated youth, the responsibility of the justice system, and strategies designed to improve outcomes, stakeholders can make informed decisions. After arming readers with the historical timeline necessary to understand Texas’ complicated history with its juvenile justice system, LSJA’s Reimagining Reform report issues a challenge to stakeholders during a crucial time…
A decade after national protests catapulted the Black Lives Matter movement following the police killing of Michael Brown in Ferguson, Missouri and four years after a national racial reckoning triggered by Minneapolis police officers killing George Floyd, lawmakers are wavering on their commitment to making the criminal legal system more just and effective. Many are…
The National Youth Justice Network released a report detailing legislative trends on youth rights from 2023. This report highlights key gains made by several states around juvenile court fines and fees, expungement, transfer, and youth interrogation among other issues, and flags several regressive legislative trends rooted in harmful narratives about young people. This overview of…
This brief describes how states currently treat two categories of young people: youth who commit status offenses—behaviors that are not categorized as crimes—and young children who do not have the developmental capacity to fully understand the crimes they are committing. Through a 50-state scan of policy and practice, we detail how states respond to these…
The Black existence, in the United States of America, has always been regarded as a conditional right. Conventionally, Blackness must always be nonviolent and non-disruptive to safely exist. Because of this, Blackness cannot be confined to restraints and disrupts these conventions with acts of joy and creative expression. Black creativity is both unconventional and sacred.…
A new study by The Pew Charitable Trusts shows that young people assigned to probation after their first offense are more likely to be rearrested in the future, particularly for technical violations, than their peers diverted away from probation. The study, based on data provided by the Texas Juvenile Justice Department (TJJD) and analyzed by…
School districts historically approached conflict-resolution from the perspective that suspending disruptive students was necessary to protect their classmates, even if this caused harm to perceived offenders. Restorative practices (RP) – focused on reparation and shared ownership of disciplinary justice – are designed to address undesirable behavior without imparting harm. This study looks at Chicago Public…
This one-page infographic illustrates statistics from the Office of Juvenile Justice and Delinquency Prevention’s Juvenile Residential Facility Census
This one-page infographic from the Office of Juvenile Justice and Delinquency Prevention illustrates statistics on waiver from juvenile to criminal courts.
This report describes the process of developing or cultivating purpose and explains why purpose is one of the key aspects of healthy development in adolescence. Cultivating purpose is widely beneficial for adolescents, and it is particularly important for adolescents from traditionally underserved groups. Purpose is essentially a renewable resource that has the potential to benefit…