Post-Disposition
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.
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…
In 2020, after the District of Columbia Court of Appeals released its decision in In re N.H.M., expanding DC youths’ access to post-disposition counsel, Open City Advocates, which represented N.H.M., contacted the Gault Center to explore how to support the expansion of post-disposition representation in other jurisdictions. We reviewed analyses of post-disposition representation of youth,…
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.
The Gault Ctr. (October 2023). This resource provides an overview of the constitutional and federal laws that are implicated when young people are placed in juvenile or adult facilities and includes concrete examples of common violations. This resource offers an introduction for youth defenders on how to spot federal and constitutional violations based on conditions…
This brief highlights the United States Supreme Court’s most important language in landmark cases about young people’s rights. These quotes can be used to bolster the arguments and pleadings of juvenile defense attorneys and advocates as they defend youth caught in the legal system.
Youth facing time in both secure and non-secure facilities need vigilant advocates who can monitor the conditions of these facilities, and can either prevent the young person’s placement, limit the young person’s length of time in placement, and/or intervene on the young person’s behalf while they are at the placement. Juvenile defenders are ethically bound…
Access Denied found that “[n]o jurisdiction in the United States wholly fulfills the constitutional promise of justice for children.” So, no matter where you live and practice, your jurisdiction can improve. As juvenile defense advocates, we have a responsibility to identify and work to correct systemic deficiencies and to honor our clients’ dignity and well-being.…
Heavy workloads and the culture in many courts can make it difficult for juvenile defenders to stay connected to clients post-disposition. Even after disposition in juvenile court, young people face legal issues that affect — and often threaten — their liberty, their safety, their due process and civil rights, and their access to future opportunities.…
An infographic outlining strategies for post-disposition advocacy.
Disposition orders—commonly understood as sentencing—move children deeper into the juvenile court system. For example, some youth might be confined to secure custody or placed on probation. During the “post-disposition” phase, defenders must represent children at all probation and parole review or modification hearings, advise clients of their legal rights, explain their case options and possible…
A one-page infographic on juvenile appeal rates.
After the disposition (sentencing) phase in juvenile court, a case moves into what may be the longest and most critical phase of the delinquency process—post-disposition. Post-disposition advocacy is vital to safeguard the constitutional rights of adjudicated youth and aid in community reintegration, and it encompasses a broad array of issues that affect adjudicated youth; yet,…
A robust and expeditious juvenile appellate practice ensures that youth are fully accorded their due process rights and is essential to developing a strong and cohesive body of juvenile jurisprudence. All children have a right to appeal their juvenile adjudications. Juvenile defenders are constitutionally mandated to confer with their young clients about their right to…
Post-disposition advocacy encompasses a broad array of issues that affect adjudicated youth. Such advocacy may entail engaging in appellate work; monitoring and engaging in direct advocacy related to safety, conditions of confinement, and parole; monitoring the implementation of disposition plans and actively participating in review hearings to ensure that the court is accurately informed about…