Youth Defense Systems
As juvenile defense system stakeholders consider creating or reforming their contract counsel system, it is important to start with a full understanding of the contracting process and system. The considerations and recommendations provided within this publication may need to be modified for the specifics of your jurisdiction.
Young people facing delinquency charges need and deserve full access to high-quality, zealous defense representation, regardless of where they live. Even in counties with public defenders, at least some of the attorneys appointed to represent youth in delinquency court are engaged through a contract or other court-appointment system. It is, therefore, imperative that policymakers, defense…
These guidelines are designed to assist defenders in assessing their advocacy at the traditional, threepart initial hearings held in most jurisdictions: arraignment, the probable cause determination, and the detention hearing. In some jurisdictions, these are all collapsed into a single hearing. Because many jurisdictions still allow children to waive their right to counsel and/or plead…
Los Diez Principios Fundamentales Para Prestar Representación Legal de Alta Cali dad a Delincuentes Juveniles dentro del Sistema de Defensores Públicos provee el criterio para implementar al sistema de defensores públicos la decisión de la corte en el caso In re Gault. Estos Principios son una guía para que los directores de las oficinas de…
The use of cash bail in the criminal legal system—as one option of conditional release—was established for the sole purpose of ensuring the accused’s presence in court. However, when the bail amount is set at a figure higher than the amount reasonably calculated to fulfill this purpose, it is deemed excessive under the Eighth Amendment.…
The United States Supreme Court has cited a comprehensive body of research on adolescent development in its opinions examining youth sentencing, culpability, and custody. Several key characteristics of youth have been noted in each of these opinions and must be considered in judicial decision-making and interactions with youth in court. We encourage judges to read…
Including arrests, dismissed petitions, and adjudications – can create long-term barriers to a young person’s employment, housing, and educational opportunities. Juvenile defenders can break down these barriers by discussing these consequences with their clients, mitigating potential harms, and building pathways to success. Understanding collateral consequences is critical to every plea or diversion negotiation, could impact…
This guide is designed to provide necessary information to juvenile defenders representing children whose juvenile court involvement may trigger immigration consequences. Although a finding of delinquency is not a “conviction” for purposes of immigration (and, thus, does not have the same dire consequences as a conviction), a juvenile arrest, charge, or adjudication may nonetheless trigger…
Developmental research shows that behaviors and characteristics common in adolescence are consistent across all races, ethnicities, and socioeconomic groups. These studies, controlling for race and ethnicity, found no significant difference in key features of adolescent development, such as impulsivity, sensation seeking, susceptibility to peer influence, and a limited ability to plan ahead or anticipate consequences.…
Infographic on the importance of specialized youth defense practice.
An infographic outlining steps towards a more effective juvenile defense system.
The Snapshot is based on a state-by-state analysis of the statutes that govern children’s access to counsel and interviews with juvenile defenders about how statutes and court rules translate into practice. The interviews were conducted with attorneys in urban and rural areas to explore differences in practices and resources. In total, 70 interviews were completed…
Infographic on the disparate systems of juvenile defense across the United States and territories.
Fifty years ago, the United States Supreme Court said that children have fundamental rights in America’s courtrooms. In the nearly five decades since then, the promise of Gault has not been realized. It is time to fulfill that promise. Justice demands that all children in juvenile court have meaningful access to qualified counsel.
Every jurisdiction is different and has different resources and laws governing whether children have access to counsel and at what stage in the proceedings. The recommendations that follow may be more difficult to implement in some jurisdictions than others. It is hoped that to the extent the recommendations cannot be fully implemented within your jurisdiction,…
Model statute on shackling reform.
