System Transformation & Abolition

The Empty Promise of the Fourth Amendment in the Family Regulation System

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This Article argues that the casual home invasions of the family regulation system are not just another story of lawless state action carried out by rogue actors or of an adversarial system failing to function. Instead, this is a story of a problem-solving system functioning exactly as it was designed. The problem-solving model emphasizes informality,…

Memorandum in Opposition to Proceeding Without a Competency Hearing

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This Memo, filed by youth defenders from the Hamilton County, Ohio public defender office, challenges the juvenile court’s procedures in competency hearings. The Memo challenges the court’s deficient procedures based on several state statutory grounds and the right to effective assistance of counsel and the right to present a defense under the U.S. and state…

Collective Caregiving: A Frame for Talking About What Kids and Families Need to Thrive

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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…

Challenging the Status Quo: Mobilizing Youth Defense Teams to Uphold Youth Rights & Uproot Injustice

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This Racial Justice Webinar was hosted by the Gault Center and Georgetown Law’s Juvenile Justice Clinic & Initiative on May 29, 2024. The webinar focused on a collective call to action for the youth defense community to transform the juvenile legal system by centering youth and their constitutional rights to freedom, liberty, and equality. This…

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…

Freedom to Thrive: Reimagining Safety & Security in our Communities

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This report examines racial disparities, policing landscapes, and budgets in twelve jurisdictions across the country, comparing the city and county spending priorities with those of community organizations and their members. While many community members, supported by research and established best practices, assert that increased spending on police do not make them safer, cities and counties…

The Anti-Racist Imperative of Infancy

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This article calls for the categorical exclusion of young children from juvenile court jurisdiction as a pathway toward the abolition of the juvenile legal system in its current form. This article highlights the landscape of age-based jurisdictional boundaries across the country: 24 states have no minimum age of arrest and prosecution, while 18 states have…

Black Lives Monitored

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Race, Surveillance, Resistance

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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.

What We Need to Thrive: A Youth-Led Vision for a Just Alameda County 

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The Ella Baker Center for Human Rights and Ceres Policy Research Center partnered with youth leaders in Alameda County, California, to assess the current landscape of the juvenile legal system and outline a youth-centered vision for the future. Utilizing a youth participatory action research protocol, this report relied on youth leaders to design and implement…

The Slow Drip of Decarceration: Reversing the Flood of Mass Incarceration and Its Racist Impact 

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This article will explore the numerous endeavors to correct the harmful impact of mass incarceration by filing petitions for clemency, parole, juvenile lifer release, and compassionate release. In each practice area, we examine the law or statute creating such relief options, review the current landscape, and analyze denials from the courts or government officials involved…