Juvenile Defense Resources

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COVID-19 Resources

• • National Juvenile Defender Center Resources

    • COVID-19 Statement*
    • Brief of National Juvenile Defender Center, et al., Amici Curiae in Support of Petitioners*
    • Call for a Nationwide Moratorium on Fines and Fees*
    • Guidance to Juvenile Courts on Conducting Remote Hearings During the COVID-19 Pandemic*
    • Racial Justice for Youth: A Toolkit for Defenders *
  • Registered User Content
    • Juvenile Defender Checklist on Remote Hearings During the COVID-19 Pandemic
    • Sample Motion Opposing Trial by Videoconferencing Technology

  • Affidavits and Declarations

    • Declaration of Dr. Antoinette Kavanaugh, Ph.D., ABPP (mental health; trauma; risks of harm)*
    • Declaration of Dr. Julie DeAun Graves (immigration; facility conditions; youth vulnerabilities) *
  • Registered User Content
    • Affidavit of Dr. Caroyln Sufrin (unique public health challenges of incarceration; inadequate on-site healthcare)
    • Affidavit of Dr. Danielle C. Ompad, PhD. Regarding SARS-CoV-2 Infection (otherwise known as COVID-19) in Correctional Settings (transmission risk in correctional settings; risks for incarcerated populations)
    • Affidavit of Dr. Ruth Mullowney Agra (proximity; lack of preventative hygiene)
    • Declaration of Andrew Lorenzen-Strait (immigration; detention)
    • Declaration of Dr. Craig W. Haney, PhD (psychological and medical harm (trauma); lack of operational capacity)
    • Declaration of Dr. Jaimie Meyer (risks of infectious disease spread in facilities; reduced prevention opportunities; increased susceptibility)
    • Declaration of Dr. Jonathan Louis Golob (COVID-19 information)
    • Declaration of Dr. Marc Stern (risks of infectious disease spread in facilities)
    • Declaration of Dr. Nancy Yvonne Wang, MD (immigration; DHS & HHS facility conditions)
    • Physician Declaration on Increased COVID-19 Infection Risk due to Mental Health Disorders in Detained Migrants, Refugees, and Asylum Seekers

  •  Letters

    • Coalition Statement on Protecting Youth and Communities from Risks Posed by the Novel Coronavirus (Raise the Age NY)*
    • COVID-19 Risks for Detained and Incarcerated Youth (Physicians for Criminal Justice Reform)*
    • COVID-19 Risks for Detained Populations in Maryland from a Group of Concerned Scientists, Physicians, and Public Health Experts*
    • Letter from Chief Justice Bernette Johnson to Louisiana Judges re Juvenile Defendants*
    • Letter to All County Sheriffs and Probation Officers re COVID-19 and Statutory Authority Under Government Code Section 8658 (California Attorney General)*
    • Letter to Chief Justice Burke & Members of the Illinois Supreme Court re Guidance for Probation, Detention, & Juvenile Court Judges in light of COVID-19 (Juvenile Justice Initiative)*
    • Letter to Chief Justice of California re Request for COVID-19 Guidance for Delinquency Proceedings (Pacific Juvenile Defender Center)*
    • Letter to Governors’ Offices re COVID-19 Responses in the Juvenile Justice System (National Governors Association)*
    • Letter to Juvenile Probation in regards to COVID-19 (San Francisco Public Defender)*
    • Letter to Local Criminal Justice Leaders (Indiana)*
    • Letter to Secretary Brian Blalock re COVID-19 in New Mexico (Pegasus Legal Services for Children)*
    • Letter to Virginia Secretary of Public Safety and Homeland Security Calling for “Safe Release” of Incarcerated Youth because of COVID-19*
    • Need for Immediate Action to Protect Philadelphia’s Youth in Confinement from COVID-19*
    • Recommendations for Protecting Incarcerated Youth and Adults During and in the Aftermath of the COVID-19 Pandemic (Justice Roundtable)*
    • Recommendations for Youth Justice Systems During the COVID-19 Emergency (Youth Correctional Leaders for Justice)*
    • Responding to the Needs of Youth Involved with the Justice System During the COVID-19 Pandemic (American Academy of Pediatrics)*
    • Southern Juvenile Defender Center COVID-19 Pandemic Policy Statement*
  • Registered User Content
    • COVID-19 Letter (Colorado State Public Defender)
    • COVID-19 Sample Letter to Jails (Washington State)
    • Joint Statement from Elected Prosecutors on COVID-19 and Addressing the Rights and Needs of Those in Custody (Fair and Just Prosecution)
    • Letter from Philadelphia Defenders Union (March 15)
    • Letter from Philadelphia Defenders Union (March 21)
    • Letter to Chief Justice Beatty re State Juvenile Justice Response to COVID 19 Crisis (South Carolina)
    • Letter to Governor Edwards re COVID-19 Emergency Executive Order Authorizing Immediate Release of Youth in Secure and Non-Secure Care (Louisiana Center for Children’s Rights)
    • Letter to Governor McMaster re COVID 19 and South Carolina’s Juvenile Justice System
    • Letter to Governor Newsom et al. re COVID-19 and Pepper Spray in Juvenile Facilities (Physicians for Criminal Justice Reform)
    • Letter to Washington State Supreme Court re Proposed Juvenile Court Order
    • Letter to Washington State Supreme Court re Supplemental Info for Proposed Juvenile Court Order
    • Pacific Juvenile Defender Center Statement on COVID 19
    • Request for Immediate Action to Address COVID-19 in Colorado’s Juvenile Detention and Commitment Facilities
    • Safety of the Children in Congregate Care During COVID-19 (Association of Legal Aid Attorneys)
    • Statement on Urgent Action Needed for Youth Justice Professionals in the Wake of the COVID-19 Pandemic (Center for Children’s Law and Policy)
    • Template Letter (National Juvenile Justice Network)

  • Motions, Petitions, and Other Legal Filings

    • Application for Extraordinary Relief Under the Court’s King’s Bench Jurisdiction*
    • Application for Immediate and Extraordinary Relief (Maryland Office of the Public Defender)*
    • Petition for Writ of Mandate (Children’s Defense Fund-California)*
    • Post-Disposition Petitions/Writ of Habeas Corpus for Release of Children in Congregate Facilities Due to the COVID-19 Pandemic (Pacific Juvenile Defender Center)*
  • Registered User Content
    • Emergency Motion for Pretrial Release Due to Public Health and Safety Threat Posed by COVID-19 Pandemic (North Carolina Office of the Juvenile Defender)
    • Emergency Motion for Pre-Adjudication Release Due to Public Health and Safety Threat Posed by COVID-19 Pandemic (North Carolina Office of the Juvenile Defender)
    • Memo in Support of Oral Argument for Release (Center for Juvenile Law and Policy at Loyola Law School)
    • Memorandum in Support of Oral Argument for Release (Pacific Juvenile Defender Center)
    • Motion and Declaration for Release on Personal Recognizance (Washington State)
    • Motion for Bond Modification to Allow for Immediate Release (Colorado State Public Defender)
    • Motion for Emergency Suspension of Commitment OR Motion for Emergency Detention Hearing (Maryland Office of the Public Defender)
    • Motion for Formal Bail Hearing and Order Releasing Defendant on Own Recognizance (San Francisco Public Defender)
    • Motion for Immediate Reconsideration of Sentence under Crim. P. 35(b) (Colorado State Public Defender)
    • Motion for Immediate Release (Louisiana Center for Children’s Rights)
    • Motion for Immediate Release in Light of Public Health Crisis Related to COVID-19 (Washington State)
    • Motion for Judicial Release (Adult-Office of the Ohio Public Defender)
    • Motion for Modification of Disposition (Office of the Public Defender, New Jersey)
    • Motion for Pretrial Release (Washington State)
    • Motion for Reconsideration of Detention Due to Coronavirus Pandemic (Law Office of the Public Defender Augusta Judicial Circuit)
    • Motion for Release (Lawndale Christian Legal Center)
    • Motion for Release from Commitment to the Department of Youth Services Due to COVID-19 Pandemic, Etc. (Alabama)
    • Motion for Release from Detention Due to COVID-19 Pandemic (Alabama)
    • Motion to Modify Bail (Adult-Office of the Ohio Public Defender)
    • Motion to Modify Sentence (Adult-Office of the Ohio Public Defender)
    • Motion to Modify Sentence (Louisiana Center for Children’s Rights)
    • Motion to Release from Detention to Prevent Injury and Harm to the Child by COVID-19 (Kentucky)
    • Motion to Temporarily Reduce Release Conditions (District of Columbia)
    • Motion to Temporarily Release (District of Columbia)
    • Motion to Vacate, Set Aside, or Amend Final Judgment (Children’s Law Center-Kentucky)
    • Writ of Habeas Corpus (The Legal Aid Society)
    • Writ of Habeas Corpus (Louisiana Center for Children’s Rights)

  • Videoconferencing Resources

    • Amendment to Florida Rule of Juvenile Procedure 8.100(a)
    • Audio-Video Appearances in Juvenile Court (Illinois Juvenile Justice Commission)
    • Challenges in Virtual Collaboration Executive Summary
    • Challenges in Virtual Collaboration
    • Charm City Televised & Dehumanized-How CCTV Bail Reviews Violate Due Process
    • Court Appearances in Criminal Proceedings through Telepresence
    • Criminal Justice and Videoconferencing Technology
    • Efficiency and Cost-The Impact of Videoconferenced Hearings on Bail Decisions
    • Making Decisions from a Distance-The Impact of Technological Mediation on Riskiness and Dehumanization
    • NAPD, Practice Tips (2020)
    • Private Attorney-Client Communications and the Effect of Videoconferencing in the Courtroom
    • Research on Videoconferencing at Post-Arraignment Release Hearings
    • The Effect of Mediation on Impression Formation

  • Additional Resources

    • Advocacy and Collaborative Health Care for Justice Involved Youth (American Academy of Pediatrics)*
    • Coronavirus Coverage (The Marshall Project)*
    • COVID-19 and the Criminal Justice System (Prison Policy Initiative)*
    • COVID-19 Youth Justice Advocacy Resources (Youth First)*
    • Databases on Prisons and COVID-19 (UCLA Law)*
    • Dynamic Models of Infectious Disease Transmission in Prisons and the General Population (Epidemiologic Reviews)*
    • Emergency Resolution to Protect the Educational Future of Students (Los Angeles County Board of Education)*
    • Guidance for Preventive and Responsive Measures to Coronavirus for Jails, Prisons, Immigration Detention and Youth Facilities (Vera Institute of Justice) *
    • The Impact of Video Proceedings on Fairness and Access to Justice in Court (Brennan Center for Justice at New York University School of Law) *
    • Información Para Familias Con Jóvenes Confinados En Juvenile Hall O En Campamentos Del Condado Durante La Pandemia COVID-19 (Pacific Juvenile Defender Center)*
    • Information for Families with Children Confined in Juvenile Hall or County Camps During the COVID-19 Pandemic (Pacific Juvenile Defender Center)*
    • Privacy Considerations for Remote Client Conversations (American Bar Association)*
    • State and Territorial Health Department Websites (Centers for Disease Control and Prevention)*
    • Strengthening Your Resilience: Take Care of Yourself as You Care for Others (National Child Traumatic Stress Network)*
    • To Protect Our Children and Fight Coronavirus, Release Youth from Juvenile Detention (Data for Progress and The Justice Collaborative Institute)*
    • Working Together in the Pandemic: Tips for Supporting Youth and Families in a Time of Crisis (National Child Traumatic Stress Network)*

• • Registered User Content
    • COVID-19, Additional Guidance to Juvenile Facilities (California Board of State and Community Corrections)
    • COVID-19 Press Release (Juvenile Justice Initiative)
    • Infectious Disease Prevention and Control (National Commission on Correctional Health Care-Adult)
    • Pandemic Preparedness and Response: Correctional Facilities: Lit Rep Supplement, March 4, 2020 (Washington State Department of Health)
    • Policy & Public Health Recommendations for Preventing & Containing a COVID-19 Pandemic in Jails and Prisons
    • Washington State Jails Coronavirus Management Suggestions in 3 “Buckets” (Washington Association of Sheriffs & Police Chiefs)
  •  

• Defender App Resources

  • Arrest or First Appearance

    • Search & Seizure
      • Fourth Amendment Analysis Cheat Sheet
    • Interrogation
      • Miranda Analysis Chart
      • Key Case Principles for Statement Suppression and Voluntariness
      • Sample Motion to Suppress Statements
      • Special Caution Required: The Realities of Youth Interrogation

• • • Appointment of Counsel/Access to Counsel
      • Broken Contracts: Reimagining High-Quality Representation of Youth in Contract and Appointed Counsel Systems*
      • Broken Contracts: Contract Counsel Toolkit*
      • Honoring Gault: Ensuring Access to Counsel in Delinquency Proceedings (Bench Card)*
    • Probable Cause & Pretrial Detention
      • Probable Cause
        • 10 Tips for Effective Cross Examination at a Probable Cause Hearing
        • Confined Without Cause: The Constitutional Right to Prompt Probable Cause Determinations for Youth*
      • Pretrial Detention
        • A Right to Liberty: Resources for Challenging the Detention of Children*
        • The Harms of Juvenile Detention Fact Sheet*
        • Sample Habeas Petition Challenging the Pretrial Detention of Children*
          • Sample Motion to Reduce Detention

• • Pretrial Issues

    • • Competence
        • Sample Motion to Oppose Psychological Evaluation
        • Sample Ex Parte Motion for Appointment of Psychological Expert
      • Conditions of Confinement
        • Juvenile Facilities Checklist for Defenders: Advocating for the Safety and Well-Being of Young People*
      • Discovery
        • Sample Pre-Trial Discovery Letter
        • Sample Motion for Discovery Sanctions
        • Sample Motion to Dismiss for Failure to Preserve Evidence
        • Sample Motion to Compel Discovery
        • Sample Formal Discovery Letter for Drug Cases
        • Sample Initial Discovery Request for Drug Cases
  1. 1. • Identification
          • Defender Sample Memorandum in Support of Motion to Suppress Identification
        • Shackling
          • Affidavit of Dr. Marty Beyer re. Shackling Harms
          • ABA Resolution on Shackling
          • Eliminating Shackling in Juvenile Court: Continuing the Momentum*
          • Sample Motion for Child to Appear without Restraints

• • Trial

    • • Judgment of Acquittal/Directed Verdict
        • Sample Motion for Judgment of Acquittal
          

  • Disposition/Post-Disposition

    • • Disposition
        • Juvenile Defender Disposition Practice Tool*
          • Probation
            • The Cost of Juvenile Probation: A Critical Look into the Harms of Juvenile Supervision Fees*
            • Promoting Positive Development: The Critical Need to Reform Youth Probation Orders (Issue Brief)*
          •  Commitment
            • A Right to Liberty: Resources for Challenging the Detention of Children*
  • • • • Appeals
          • Increasing Juvenile Appeals Fact Sheet*
        • Post-Disposition
          • Juvenile Defender Post-Disposition Practice Tool*
        •  Re-Entry
          • A Juvenile Defender’s Guide to Conquering Collateral Consequences

• • General Issues

    • • Child & Adolescent Development
        • Applying Principles of Adolescent Development in Delinquency Proceedings (Bench Card)*
      • Family & Third-Party Engagement
        • 10 Tips for Building Effective Youth-Family-Defender Partnerships*
        • Juvenile Defense Attorneys and Family Engagement*
      • Fines, Fees, Restitution
        • Ensuring Young People Are Not Criminalized for Poverty (Bench Card)*
      •  Immigration
        • Juvenile Defender’s Guide to Immigration Issues in Juvenile Proceedings*
      • Indigence
        • The Fragmented State of Juvenile Indigent Defense Fact Sheet*
        • SMART on Juvenile Indigent Defense Fact Sheet*
  • • • Juvenile Sex Offenses
        • Sample Voir Dire of Youth Witness
        • Sample Motion to Voir Dire Youth Witness and Exclude Testimony

• • • • Mental Health Issues
        • What Juvenile Defenders Should Know About the DSM-5 (Resource Brief)*
      • Racial & Ethnic Disparities
        • Addressing Bias in Delinquency and Child Welfare Systems (Bench Card)*
        • Motion to Dismiss Prior to Arraignment Based on Selective Enforcement (MA)
        • Supplement to Child Defendant’s Earlier Filed Motion to Dismiss the Adult Indictment Based on Violations of Constitutional Principles (MD)
      • Role of Counsel/Scope of Representation
        • Juvenile Defense Self-Assessment Tool*
        • National Juvenile Defense Standards*
        • Role of Juvenile Defense Counsel in Delinquency Court*
        • Ten Core Principles For Providing Quality Delinquency Representation Through Public Defense Delivery Systems*
      • Sexual Orientation, Gender Identity, & Gender Expression
        • Access to Juvenile Justice Irrespective of Sexual Orientation, Gender Identity, and Gender Expression (SOGIE) (Bench Card)*
        • Juvenile Facilities Checklist for Defenders: Advocating for the Safety and Well-Being of Transgender, Gender Nonconforming, and Intersex Young People*
      •  Trauma
        • Tips on Youth Trauma for Juvenile Defenders*
        • Trauma-Informed Legal Advocacy: A Resource for Juvenile Defense Attorneys*