Disabilities
From the Summary: “This report examines the devastating impact of New Jersey’s waiver practices, a system that disproportionately harms youth of color, sidelines judicial oversight, and prioritizes punishment over rehabilitation. It explores the systemic failures that lead to the prosecution of children as adults, the profound human costs for the youth and their families, and…
From the memorandum opinion: “Two men on lifetime parole claim they face disability discrimination from two federal agencies that supervise them. So these men, William Mathis and Kennedy Davis (together, “the Parolees”), now sue those federal agencies, the U.S. Parole Commission and the Court Services and Offender Supervision Agency, and the heads of those agencies…
A webinar from April 10, 2023 with Dr. Martin Irwin, MD, Clinical Professor at the NYU School of Medicine, Department of Child & Adolescent Psychiatry. Multiple studies have concluded that children in the juvenile legal system or foster care, many of whom are victims of abuse and trauma, are prescribed psychiatric medication at a rate…
On March 24, 2021, NJDC and the Mid-Atlantic Juvenile Defender Center hosted a webinar titled FASD & Youth: What Defenders Need to Know. This video includes information about FASD provided by Dr. Larry Burd. Portions of the webinar addressing defense strategies have been edited out of this public version. Description of the webinar: Approximately five…
From the abstract: “Since their inception in the late 1980s, zero-tolerance policies have been a cornerstone of American school discipline. Passed by legislators with the intent of protecting school children, these policies have disparately upended the education of marginalized students. School discipline of vulnerable students often paves the way to juvenile incarceration, which in turn…
From the preliminary statement: “This case, brought by a class of people who are or will be on parole or supervised release in Washington, D.C., challenges the failure of the federal government’s post-conviction supervision system to accommodate individuals with disabilities as required by federal law.”
For any young person, navigating the juvenile delinquency process can be daunting. Youth are required to understand, make decisions, and act on their rights and responsibilities in court. Yet courtinvolved youth are likely to face challenges that impact their ability to understand and participate in juvenile court. The legal jargon, abstract language, and complex terminology…
This resource brief is intended to support juvenile defense advocacy by providing an overview of some of the latest Diagnostic and Statistical Manual of Mental Disorders (DSM) revisions, as well as recommendations and implications for juvenile defense practice. The DSM is a classification manual for mental health professionals with itemized criteria for diagnosing disorders. Juvenile…
Intended for juvenile court judges, defense attorneys, prosecutors, and probation staff, the curriculum provides in-depth training materials on the most up-to-date adolescent development research and its application to juvenile court practice. As a part of the MacArthur Foundation’s project, Models for Change: Systems Reform in Juvenile Justice, this curriculum is available to jurisdictions across the…
From the memorandum opinion: “Gary Montgomery, a mentally disabled man, was arrested in 2012 and charged with the murder of Deoni Jones. After five and a half years of incarceration pending trial, a jury found Montgomery not guilty. Montgomery’s amended complaint alleges that defendant District of Columbia violated his rights under Title II of the…
This Article explores how race functions to ascribe and criminalize disability. It posits that for White students in wealthy schools, disabilities or perceived disabilities are often viewed as medical conditions and treated with care and resources. For students of color, however, the construction of disability (if it exists) may be a criminalized condition that is…
An infographic outlining strategies for post-disposition advocacy.
