Topic Archive: Child & Adolescent Development

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People v. Salas

NJDC co-authored a brief with the Children and Family Justice Center at Northwestern University School of Law’s Bluhm Legal Clinic, challenging Illinois’s automatic transfer statute, which excluded children over 15 charged with certain offenses from the jurisdiction of the juvenile court without any individualized assessment or considerations of that child’s youth. Amici argued that with…

In re P.M.P.

NJDC co-authored an amicus brief with the Urban Legal Clinic at Rutgers Law School that relied on the latest adolescent development research to argue that the New Jersey Supreme Court should extend juveniles additional protection at interrogation, including prohibiting questioning without counsel, and allow the filing of a delinquency complaint to trigger a juvenile’s right to…

In re William B.

In October 2007, the Nevada Supreme Court requested NJDC’s participation as amicus in a case centered on the constitutionality of Nevada’s presumptive transfer statute. NJDC’s brief, signed on to by 23 other organizations, addressed several critical constitutional and public policy issues, including the well-established developmental differences between youth and adult offenders, the problems posed by…

Training Series: Representing Juveniles in Adult Court

REPRESENTING JUVENILES SERIES: The webinar series, produced in conjunction with the National Association of Criminal Defense Lawyers and the Juvenile Law Center, provides a review of some of the key concepts of adolescent development and ways to apply the science in cases of youth who are facing prosecution in adult courts. Adolescent Development 101: Overview…

State v. Barnes

At the request of the Tennessee Office of the Public Defender, the Center on Wrongful Convictions of Youth, joined by NJDC and several other organizations, filed an amicus brief in support of the suppression of a juvenile’s confession, which specifically sought a per se rule suppressing a confession where there is a threat of the…

In re D.M.

NJDC, the Children’s Law Center, and the Office of the Ohio Public Defender filed a brief in the Supreme Court of Ohio in support of a juvenile facing transfer to adult court, arguing that a youth is entitled to full discovery, inclusive of police reports and law enforcement materials, which may allow a youth charged with…

Arizona v. Tyler B.

In March 2013, NJDC, along with 40 other organizations and individuals, signed onto an amicus brief filed by Juvenile Law Center in support of Tyler B., asserting that the trial court properly exercised its discretion in granting Tyler’s motion to suppress evidence derived from a blood draw. Amici argued that a youth’s age and other…

E.C. v. Virginia Dep’t of Juvenile Justice

In 2011, NJDC filed an amicus brief and a supporting supplemental brief, joined by Mid-Atlantic Juvenile Defender Center, the Disability Law Clinic, the Center on Wrongful Convictions of Youth, and other interested parties, in support of a challenge to the lower court’s ruling that Virginia courts lose jurisdiction over pending habeas cases as soon as…

In re D.B.

NJDC, together with the Juvenile Law Center, and the National Center for Lesbian Rights, and joined by other organizations, co-authored an amicus brief in support of the petitioner in August 2010, arguing that Ohio’s statutory rape law, 2907.02(A)(1)(b), was unconstitutional as applied to children under the age of 13 who engaged in sexual conduct with…

In re C.P.

In September 2010, NJDC, joined by several organizations, filed an amicus brief  in the Ohio Supreme Court challenging the application of Ohio Senate Bill 10 (passed to comply with the Adam Walsh Act (AWA)) to juveniles where it requires mandatory tier III classification of juveniles aged 14 to 17 as Public Registry-Qualified Juvenile Offender Registrants…

In re M.W.

NJDC, Juvenile Law Center, Center on Wrongful Convictions of Youth and the Children’s Law Center together as amici submitted a brief urging the Ohio Supreme Court to adopt a bright line rule that juveniles must have meaningful access to counsel during police interrogations and prior to waiver of their rights under Miranda v. Arizona. The…

In re Commitment of J.B.

NJDC with the Civil Rights and Constitutional Litigation Clinic at Seton Hall Law School, the ACLU of New Jersey, and Gibbons P.C., filed an amicus brief at the New Jersey Appellate Division on behalf of J.B, arguing that the due process clause forbids the State of New Jersey from applying the Sexually Violent Predator Act…

In the Interest of V.A.

NJDC joined the New Jersey Institute for Social Justice, Rutgers Urban Legal Clinic—Rutgers School of Law, Juvenile Law Center, the ACLU of New Jersey, and several other interested organizations in filing a brief to the New Jersey Supreme Court, focusing on N.J.S.A. 2A:4A 26, that permits the transfer of 16-17 year old youth to the…

Minnesota v. Grigsby

NJDC joined Juvenile Law Center and the Campaign for Youth Justice as amici in support of a juvenile, William Grigsby, who was tried and sentenced in adult court. The case against Grigsby was initially filed in juvenile court with a charge of second degree intentional murder; however, the case was certified to adult court based on…

Gingerich v. Indiana

In November 2011, NJDC, the Children’s Law Center and the Campaign for Youth Justice joined as amici in a brief to the Indiana Court of Appeals, urging it to consider the due process protections that must be afforded a youth in any decision to waive the youth to adult court—namely, that due process in waiver…

In re Austin M.

In 2011, NJDC, Juvenile Law Center, Loyola Civitas ChildLaw Center, and the Children and Family Justice Center of the Bluhm Legal Clinic at Northwestern University School of Law, joined as amici in a brief to the Illinois Supreme Court, arguing that Austin M.’s constitutional right to counsel in a delinquency proceeding was breached where his…

People v. Patterson

NJDC joined the Center on Wrongful Convictions of Youth, the Exoneration Project at University of Chicago Law School, and several other interested organizations in filing an amicus brief in the Illinois Supreme Court. Amici urged the court to uphold the Illinois Appellate Court decision overturning the trial court’s conviction of 15-year-old Ronald Patterson and suppressing his…

People v. Pacheco

NJDC joins Juvenile Law Center, the Loyola Civitas Childlaw Center, and several other organizations, in filing an amicus brief at the Illinois Supreme Court challenging Illinois’s automatic transfer statute, and the consequent imposition of mandatory sentences on minors. Amici argued that the automatic exclusion from juvenile court of 15- and 16-year-olds charged with felony murder…

Falcon v. State

NJDC and several other organizations signed onto an amicus brief filed by Juvenile Law Center at the Florida Supreme Court in support of Rebecca Lee Falcon, who was convicted of first degree murder for a crime she committed at age 15 and for which she received a life without parole sentence. Amici argued that Rebecca’s…

People v. Gutierrez

NJDC joins Juvenile Law Center and several other organizations in an amicus brief filed in the California Supreme Court in support of the position that the presumptive penalty of life without parole for 16- and 17-year-old juveniles convicted of homicide with special circumstances violates the Eighth Amendment and runs counter to the United States Supreme Court’s…

T.S. v. Gabbard

NJDC, along with several other interested organizations, signed onto an amicus brief filed by Juvenile Law Center to the United States Court of Appeals for the Sixth Circuit regarding the strip searches of juveniles in detention facilities. In this case, juveniles were arrested after attending a middle school graduation party, charged with underage drinking, detained…

Parsons v. Ryan

NJDC, along with several other juvenile justice and child welfare organizations, signed onto an amicus brief filed by Lowenstein Sandler LLP, in support of class certification in a prisoner’s right case against the Arizona Department of Corrections (AZ DOC). Although the instant case does not directly involve juveniles, the Ninth Circuit decision on whether to…