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Juvenile Justice

NACDL fully supports the concept that juveniles are different than adults and should be treated as such. NACDL encourages legislators to promote polices that evaluate juvenile family history and brain development prior to developing legislation that could in effect have profound implications on a juvenile's future.

The decision to send a youth to the adult system is a very serious one. Juveniles are different from adults and should be treated as such. The juvenile system is more focused on rehabilitation and provides more support and opportunities for juvenile offenders compared to adult criminal facilities. Substantial research has concluded youth dealt with in the juvenile system are far less likely to commit new crimes than those tried as adults.


Webinars  State Reform  Additional Resources on Juvenile Justice


Landmark Cases

Roper v. Simmons (2005) - The United States Supreme Court ruled in a 5-4 decision that it is unconstitutional to impose the death penalty for a crime committed by a child under the age of 18, stating that it is "cruel and unusual punishment" prohibited by the Eighth Amendment.

Graham v. Florida (2010) and Sullivan v. Florida (2010) - The United States Supreme Court ruled that life without the possibility of parole sentences for juveniles convicted of nonhomicide offenses are unconstitutional.

J.D.B v. North Carolina (2010) - Under consideration in this case was whether a child's age is a relevant factor to consider in determining whether the child is in custody for purposes of Miranda v. Arizona. The United States Supreme Court ruled that a child's age must be considered by law enforcement in determining whether Miranda warnings need to be given to children during police interrogations. NACDL Amicus Brief

Miller v. Alabama (2012) - Under consideration in this case was the constitutionality of imposing life without parole sentences on juveniles convicted of homicide offenses. The United States Supreme Court ruled that "mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment's prohibition on 'cruel and unusual punishments' and that a 'judge or jury must have the opportunity to consider mitigating circumstances before imposing the harshest possible penalty for juveniles.'"

Montgomery v. Louisiana (2016) - Under consideration in this case was whether Miller v. Alabama applied retroactively to individuals serving mandatory juvenile life without parole sentences. In a 6-3 decision, the United States Supreme Court ruled that their decision in Miller v. Alabama applied retroactively. 

Jones v. Mississippi (2021) - Under consideration in this case was the constitutionality of imposing a life without parole sentence on a juvenile that has not been found to be permanently incorrigible. In a 6-3 decision, the United States Supreme Court ruled that a sentencing authority is not required to find a juvenile permanently incorrigible before imposing a life without parole sentence. NACDL Amicus Brief 


Trial Defense Guidelines

Report cover - Representing a Child Facing Life SentenceNACDL was pleased to assist in the development and sought subsequent Board approval of Trial Defense Guideline: Representing a Child Client Facing a Possible Life Sentence. This valuable resource provides defense attorneys with a standard in defending juveniles who are facing the possibility of a life sentence.

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Webinars 

In November 2020, NACDL partnered with Human Rights for Kids and Legal Aid Justice Center to host Major Changes in the Sentences of Minors: Recent Legal Updates in the Sentencing of Youth in Virginia, a free webinar to teach stakeholders about new developments in the treatment of juveniles facing adult court prosecution. Legislation passed in 2020 established that judges are no longer bound by mandatory minimum sentences and are directed to consider trauma, developmental factors, and other experiences that distinguish the experiences of youth in our criminal legal system. 

Webinar Recording and Related Materials

In 2012, NACDL hosted several webinars providing essential instruction to defense lawyers representing juveniles. The first webinar series provides instruction on representing juveniles at sentencing in adult court in the post-Roper, Graham and Miller era. Topics include Lessons Learned from Graham v. Florida and Re-sentencing Juveniles Convicted of Homicide Post-Miller.

Representing Juveniles in Adult Court Webinar Series

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The second webinar series provides strategies for representing juveniles in adult court. Topics include Communicating with a Juvenile Client: JTIP Lesson on Interviewing and Counseling Youth; Incorporating Adolescent Brain & Behavioral Development Science into All Stages of the Criminal Proceeding; and Strategies for Keeping Youth out of Adult Jails and Prisons: Bail, Sentencing and Post-Sentencing Advocacy.

Age Matters: Strategies for Representing Juveniles in Adult Court Webinar Series

Both series were conducted in partnership with the National Juvenile Defender Center, the Juvenile Law Center, and the Campaign for the Fair Sentencing of Youth, supported by funding from the Foundation for Criminal Justice and the Ford Foundation.


State Juvenile Justice Reform

States across the country made significant legislative advancements to reform state juvenile justice systems in 2022. For example, California lawmakers passed AB 2361, which requires that a court find by clear and convincing evidence that a youth is not amenable to rehabilitation in the juvenile system before they can be transferred to adult court. The Louisiana legislature enacted HB 746, which restricts the use of solitary confinement for youth. Maryland lawmakers enacted SB 691, which restricts the circumstances under which a child under 13 is subject to the jurisdiction of the juvenile court and establishes limits on terms of probation, detention, and out-of-home placements imposed by a juvenile court.

CFSY Life Without Parole Map

Consider joining NACDL’s State Criminal Justice Network (SCJN) to exchange information, share resources, and develop strategies for promoting rational and humane policies impacting children in the criminal legal system.  

State Criminal Justice Network

 

 

Juvenile Justice Media Items

  • Major Changes in the Sentencing of Minors: Recent Legal Updates in the Sentencing of Youth in VA
  • Juvenile Sentencing Reform: Law, Policy and Prevention
  • The Death Penalty and Sentencing: Applying Lessons Learned

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