Topic Archive: Detention

Federal Correctional Education Guidance:

What Juvenile Defenders Need to Know In December 2014, the U.S. Department of Education and Department of Justice released a Correctional Education Guidance Package, aimed at helping state and local agencies improve the quality of education for youth in secure confinement. While the guidance package is specifically designed for juvenile justice agencies overseeing secure care facilities,…

Florida Juvenile Rules Amendments

Since 2006 the release of the National Juvenile Defender Center Assessment’s Florida: An Assessment of Access to Counsel and Quality of Representation in Delinquency Proceedings, advocates in Florida have made the following changes to the Florida Rules Juvenile Rules in order to ameliorate impediments to effective juvenile defense. The changes outlined below can be found in…

DOJ & Juvenile Court of Memphis and Shelby County

The Report In 2012, the Department of Justice issued a report finding that the Juvenile Court of Memphis and Shelby County (TN) failed to provide constitutionally required due process to children of all races and that the court’s administration of justice discriminates against black children. Further, it found that the court had violated the substantive…

Detention

All 50 states authorize pre-trial detention for juveniles, although practices for detaining children vary widely within states and by county. NJDC and the United States Department of Justice believe the U.S. Constitution requires that any child who is taken into custody by the police or any government official must be brought before a judge within 48…

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…

Welch v. United States

NJDC signed on to an amicus brief filed by the Center on Wrongful Convictions of Youth at Northwestern University School of Law, the Juvenile Law Center, and 24 additional signatories, asking the United States Supreme Court to prohibit the use of juvenile adjudications to enhance subsequent adult criminal sentences under Apprendi v. New Jersey. In…

Bunch v. Bobby

NJDC and the Juvenile Law Center filed an amicus brief supporting a petition for certiorari before the Supreme Court of the United States on behalf of Chaz Bunch, who received a sentence of 89 years for a non-homicide offense for which he was charged at age 16. Because Ohio does not provide any opportunity for…

Roper v. Simmons

In 2004, NJDC, Juvenile Law Center, and several other interested organizations filed an amicus brief in the United States Supreme Court on behalf of Christopher Simmons, a Missouri juvenile who was convicted of homicide and sentenced to death. The case challenged the constitutionality of the juvenile death penalty—specifically arguing that the execution of an individual for…

In re Gault

  This decision was the turning point for the rights of juveniles in U.S. Courts. It was the first time that the Supreme Court held that children facing delinquency prosecution have many of the same legal rights as adults in criminal court, including the right to an attorney, the right to remain silent, the right…

JDAI

The Juvenile Detention Alternatives Initiative (JDAI) is a program of the Annie E. Casey Foundation that aims to reduce the over-reliance on pre-trial detention as the way of dealing with youth accused of delinquent behavior. JDAI works with juvenile court stakeholders from all sectors in 250 jurisdictions across the country. NJDC partners with the Casey Foundation and…

State Assessments

A cornerstone of the National Juvenile Defender Center’s work is to understand how juvenile defense is delivered around the country and to support excellence in the provision of those services. As part of that work, NJDC conducts state-specific assessments of youth access to, and the quality of, juvenile defense counsel when they come in contact…