Disposition
This proposed draft of a legislative “findings and declarations” document for a youth detention and disposition reform bill in California affirms the legislature’s commitment to make placement in juvenile detention “the exception, not the rule.” The draft findings rely on research regarding the impact of detention on young people, racial justice, developmental science, and California…
This memorandum proposes language for a detention and disposition reform bill in California. The memorandum proposes four areas the detention reform bill aims to change including: 1) clarifying the legal standard for pre-adjudication detention of youth, 2) clarifying the juvenile court’s authority to determine whether pre-adjudication detention is still necessary, 3) clarifying the standard at…
The Georgia Court of Appeals reversed a part of the adjudication and vacated the order of disposition based on insufficient evidence. The court stated in relevant part: “As to the second count of aggravated assault, K. R. argues that there was insufficient evidence to show that the nail clippers were an object that was likely…
This is a sample “youth report to the court” document (created by a Juvenile Court Judge in Iowa), for youth who are currently under the juvenile court jurisdiction. This report is provided to young people when they appear in court, asking if they would like the space to share pertinent information and ask questions of…
The Gault Center released an update on the state of youth defense in Kansas, which centers the perspectives and experiences of young people impacted by the juvenile legal system, through a collaborative effort with Progeny, a youth-adult partnership in Kansas, TerraLuna Collaborative, a research consulting group, and Mulberry Art Gallery, which focuses on supporting emerging…
The 4th District Court of Appeal in California struck a weapons probation condition and modified an association condition and offered the following language in support. “A term of probation is invalid if it: “‘(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires…
A California appellate court reversed a juvenile court’s disposition order committing a youth to a secure youth treatment facility and offered the following language in support. “Before committing a minor to a secure facility, the court must find no less restrict alternative disposition is suitable. In making this determination, “the court shall consider all relevant…
From the abstract: “The discipline of public health has begun to recognize the structural inequities of the carceral system as drivers of poor individual and population health. Thenumberofpeopleincarceratedandthelengthoftheirincarcerationdeterminethescopeandgravityoftheirexposureto these individual and public health effects. Plea bargains all but guarantee a period of incarceration, often for many years, because prosecutors have significant bargaining power against defendants…
From the introduction: “Youth justice advocates, including lawyers, organizers, and other youth and adult movement builders, want to replace the current damaging, discriminatory, and ineffective juvenile and criminal legal systems1 with better approaches. We envision approaches that support children, help them f lourish, and contribute to a safe, equitable, and healthy community. How do we…
Professor Kris Henning and Rebba Omer authored a law review article on decriminalizing normal adolescent behaviors, race, and disabilities. This article maps a way forward for all system actors in the juvenile legal system to mitigate and buffer against the harms of juvenile legal system involvement for youth with disabilities. Specifically, this article outlines youth…
