Interrogation & Statements

Disposable Children: The Prevalence of Child Abuse and Trauma Among Children Prosecuted and Incarcerated As Adults in Maryland

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This report details the results of the first-ever state-wide Adverse Childhood Experiences (ACEs) survey administered to people currently incarcerated for crimes they committed as children (under eighteen). The trauma measured from ACEs surveys include physical, sexual, and emotional abuse; physical and emotional neglect; separation from parents; mental illness or substance abuse in the home; parent…

The Risks and Consequences of Innocence in School Discipline: Implications for Policy and Research

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Advancing Racial Justice Through the Restatement of Children and the Law

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National Youth Defense Townhall Notes

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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…

ABA Resolution 517 on Police Questioning of Youth

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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…

Missing the Mark: How Miranda Fails to Consider a Minor’s Mind

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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…

Cultivating Caring Communities in Schools: Tools for Dismantling the School-to-Prison Pipeline

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School-based arrests have long made up a substantial number of cases in the juvenile legal system. This is particularly true for Black, Native/Indigenous, and Latino students; immigrant students, students with disabilities, LGBTQ+ students, and other historically marginalized students. Despite significant decreases in the rate of serious crimes and violence on school campuses over the past…

A Checklist to Assess the Presence of a Constitutional Violation under 34 U.S.C. 12601

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This checklist can be used to assess the presence of constitutional violations throughout the course of a client’s case. Please refer to the National Youth Defense Systems Standards and their accompanying User Guide for litigation strategies to challenge potential constitutional violations noted in this checklist.

National Youth Defense System Standards User Guide

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This User Guide provides advocates with a step-by-step outline of how to actualize the vision of the National Youth Defense System Standards to equip and invest in youth defense teams to fight for the liberation of all youth. The User Guide outlines constitutional rights detailed in the System Standards, provides a checklist to assess the…

Deception in Place of Equal and Impartial Administration of Justice: The Use of Deception When Interrogating Juveniles

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Memorandum of Agreement Regarding the Juvenile Court of Memphis and Shelby County

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Early Access to Counsel in Police Precincts Data Collection Practices & Recommendations

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Early Access to Counsel in Police Precincts Best Practices and Recommendations

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Early Access to Legal Counsel for Youth: An Implementation Study of California Senate Bills 395 and 203

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The Effects of Adolescent Development on Policing

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Taking the Next Step in Miranda Evaluations: Considering Racial Trauma and the Impact of Prior Police Contact

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National Youth Defense System Standards

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Outlines steps that states must take to comply with the minimum requirements of the U.S. Constitution to protect the rights of youth facing deprivations of liberty.

JDB v. North Carolina

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A Critical Discussion of Youth Miranda Waivers, Racial Inequity, and Proposed Policy Reforms

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Sydney Baker et al., 29 Psychol. Pub. Pol’y & L. 320 (2023). This article is a call to action for the research community and advocates to engage youth and families with lived experience in the legal system in research on the impacts of race, development, and identity on youth interrogations. The authors detail the limitations…

Amicus Brief, Human Rights for Kids in support of Petitioner (Billy Raymond Counterman v. Colorado, US Supreme Court)

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Special Caution Required: The Realities of Youth Interrogation

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A fact sheet highlighting the need for young people to have counsel during interrogation.

San Francisco Youth Interrogation Ordinance

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California v. Male Client – Implied Waiver and Voluntariness (Appellant’s Opening Brief)

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DOJ Statement of Interest in S.R. and L.G. v. Kenton County Amicus Brief

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United States Department of Justice Investigation of the Shelby County Juvenile Court

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