Kids You Throw Away: New Jersey’s Indiscriminate Prosecution of Children as Adults

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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…

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…

Annotated Bibliography: Racial Trauma

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Annotated Bibliography: Policing as Trauma

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This resource was created as part of the 2022 Racial Justice Training Series, co-hosted with the Georgetown Juvenile Justice Clinic & Initiative. Advocates and experts gathered each month to discuss a chapter of Prof. Kristin Henning’s Book The Rage of Innocence: How America Criminalizes Black Youth. Watch recordings of the monthly webinars and see other…

Ten is Too Young: South Dakota’s Need for a Legislative Amendment Raising the Minimum Age of Criminal Responsibility to Fourteen

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From the abstract: “South Dakota, like many other states, allows young children to be introduced to the criminal justice system at a very young age. Although South Dakota originally focused on managing children’s misbehavior, the law has evolved in a way that punishes kids for being kids. Despite recent reforms to handle juvenile delinquency in…

Unheard: The Epidemic of Severe Childhood Trauma Among Girls Tried as Adults

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This research article explores the history of girls prosecuted as adults in courts across the United States. It explores the effects of childhood trauma and victimization on brain and physical development and the connection to involvement in the criminal legal system as children. The article describes the results of a survey of young women who…

Overuse of Psychiatric Medication in the Juvenile Legal & Child Welfare Systems

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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…

Protecting Youth Wellbeing: The Intersection of Systemic Racism & Overmedication in Juvenile Court

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Webinar provided by the Gault Center on April 25, 2023. This training provided an historical overview on the racialized use of medicine, provider bias, and cultural mistrust, followed by a discussion on practical tools youth defenders can utilize to litigate against medication conditions and/or misdiagnoses of youth in the juvenile legal system. This training built…

The Traumatic Impact of Policing on Youth Health & Wellbeing

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In this session of our 2022 Racial Justice Training Series and Book Club, Prof. Kristin Henning and Mary Ann Scali were joined by Dr. Juan Del Toro, researcher in applied developmental psychology and Assistant Professor in the Department of Psychology at the University of Minnesota, Twin Cities; Dr. Tiffani J. Johnson, Assistant Professor in the…

Policing by Proxy: Shifting the Public Narrative about Black & Brown Youth

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In this session of our 2022 Racial Justice Training Series and Book Club, Prof. Kristin Henning and Ebony Howard, Deputy Director of The Gault Center, were joined by Thomas J. Bahr, Deputy Public Defender at the Office of the San Diego Public Defender, who will discuss the California case In re Edgerrin J.; Dr. Noël…

Reconsidering Decision Making in the Juvenile Court System Through the Lens of our Racial History

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On August 12, 2021, NJDC and the National Council of Juvenile and Family Court Judges hosted a discussion with noted professors Kristin Henning of Georgetown Law and Geoff Ward of Washington University in St. Louis, about the historical impact of racism and bias on the juvenile court system and the trauma that flows to youth…

FASD & Youth: What Defenders Need to Know

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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…

Black Girls and the Pipeline from Sexual Abuse to Sexual Exploitation to Prison

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From the introduction: “In this chapter, I consider the reciprocal effect of Black girls living within spaces and environments influenced by structural racism who are subjected to abuse at higher rates. I argue that there is a uniquely gendered and raced pipeline for these girls that warrants closer inspection. Here, I describe the pipeline that…

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…

Strengthening Indigenous Communities to Eliminate Disparities in the Criminal Justice System Infographic 2024

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This infographic details statistics on the overrepresentation of Native and Indigenous communities in the criminal legal system, noting in particular that the incarceration rate of American Indian/Alaska Native communities increased 60 percent from 1990 to 2020. It cautions that current data collection practices on Native and Indigenous communities are often incomplete and inaccurate due to…

Barriers to Wellness: Voices and Views from Young People in Five Cities

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Why Youth Incarceration Fails: An Updated Review of the Evidence

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Sample Motion to Adopt Reasonable Child Standard

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Unshackled: Stories of Redemption Among Serious Youth Offenders

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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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Disproportionate School Brutality upon Black Children

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Due Process in the Time of COVID: Defenders as First Responders in a Juvenile Court System Struggling with the COVID-19 Pandemic

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In February and March 2020, as COVID-19 spread throughout the United States, NJDC recognized a crisis facing youth involved in the juvenile courts and the attorneys tasked with defending them. The contagious nature of COVID-19 and the public health protocols meant to mitigate transmission heightened risks to the health and wellbeing of youth entering the…

Trauma: What Child Welfare Attorneys Should Know

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The Trajectory of a Traumatized Youth: A Three System Perspective

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Spotlight on Culture-Conversations about Historical Trauma: Part Three

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