Juvenile Justice

Public defender had PTSD from representing sex offenders, EEOC says in disability suit

The Equal Employment Opportunity Commission has filed a lawsuit claiming that the Defender Association of Philadelphia discriminated against a public defender who experienced mental health issues partly from representing sex offenders. The suit, filed April 26 in federal court in Philadelphia, claims that the association violated the Americans with Disabilities…

May 1, 2019 7:30 AM CDT

Lawsuit says diversion program meant to keep troubled kids out of the criminal justice system violates their constitutional rights

A class action lawsuit, pending in federal court for the Central District of California, alleges that the Riverside County Probation Department violates youths’ due process rights, their Fourth Amendment right to be free from unlawful searches and seizures and their First Amendment right to associate with others. The ACLU argues that placement on “informal” probation leaves juveniles worse off than no intervention at all. One reason is that information gleaned through the program can be used against juveniles in future court cases; another is that children who participate in the program are presumed ineligible for diversion if they’re subsequently arrested.

May 1, 2019 2:25 AM CDT

Juvenile lifer, now 72, won landmark Supreme Court case but remains behind bars

A 72-year-old Louisiana inmate who was 17 when he killed a sheriff’s deputy must remain in prison, despite his U.S. Supreme Court victory in January 2016. Parole was denied for Henry Montgomery on April 11, report the Advocate, the Associated Press and Mother Jones. Parole is not granted absent a…

Apr 17, 2019 7:00 AM CDT

GPS ankle monitors can call and record people without consent; do they violate 5th Amendment?

Updated: GPS electronic monitoring devices made by a company called the Track Group can call and record people who are required to wear the ankle monitors because they are on probation or awaiting trial.

Apr 9, 2019 11:39 AM CDT

Big decrease in serious crimes by California youths leaves juvenile halls unfilled; some call for closure

Serious crime by juveniles in California has plummeted over the last two decades, leaving beds unfilled in juvenile halls even as the costs of incarcerating each youth are skyrocketing. Those findings by the San Francisco Chronicle led three San Francisco supervisors to announce that they are drafting legislation to close…

Mar 25, 2019 12:40 PM CDT

Supreme Court to consider life-without-parole sentence for teen DC sniper

The U.S. Supreme Court has agreed to decide whether its decision banning mandatory sentences of life without parole for juveniles can be used to upend discretionary life-without-parole sentences imposed on teens before the Supreme Court acted. The Supreme Court agreed to consider the question in the case of Lee Boyd…

Mar 18, 2019 1:30 PM CDT

Teen is arrested on murder charge after egg-throwing prank leads to fatal car crash

A 14-year-old Texas youth has been charged with murder in Houston after an egg-throwing incident on Tuesday led to a fatal car crash, according to the Harris County sheriff’s office. The 14-year-old boy was driving a GMC Acadia while he and his two passengers were reportedly throwing eggs at other…

Jan 3, 2019 9:55 AM CST

ABA-supported juvenile justice bill with ‘rehabilitative purpose’ passes Congress

A bipartisan bill aiming to improve protections for youths in the juvenile justice system now goes to President Donald Trump for his signature after approval by the House of Representatives on Thursday. One of the bill’s sponsors, Democratic Sen. Sheldon Whitehouse of Rhode Island, tweeted the news, saying the bill…

Dec 14, 2018 7:00 AM CST

After election loss, judge releases nearly all juvenile defendants who promise not to kill anyone

A judge in Harris County, Texas, released nearly all the juvenile defendants who appeared before him Wednesday morning after asking whether they planned to kill anyone. Judge Glenn Devlin did this after he remarked that he was acting according to voters’ obvious wishes, public defender Steven Halpert told the Houston…

Nov 8, 2018 12:57 PM CST

Judge will end routine courtroom shackling of juveniles in detention, who can be as young as 6

A judge in Durham, North Carolina, said Monday he will end his routine practice of shackling juveniles in his courtroom. Judge Jim Hill issued a statement that said, as a general rule, youths will no longer enter his courtroom in restraints, the Herald Sun reported. When he is led to…

Oct 30, 2018 7:00 AM CDT

The right age to die? For some, science outpaces the Supreme Court on juveniles, death penalty

When 15-year-old Luis Cruz joined the Latin Kings in 1991, he was a child by almost any measure: he couldn’t legally drive, drop out of school, or buy a beer. But was he still a child a few years later when—just months after he turned 18—he murdered two people on the orders of gang leaders?

Aug 14, 2018 3:00 PM CDT

Opioid family court cases increase

Child welfare agencies in Vermont, Minnesota and Ohio cite opioids as driving an increase in the number of children in foster care. A 2011 study found that opioid abuse was associated with increased domestic violence.

Jun 1, 2018 12:25 AM CDT

Resolutions on needs of homeless youth win ABA House approval, applause

The needs of homeless youth were addressed in resolutions passed by the ABA House of Delegates on Monday. The ABA Commission on Homelessness and Poverty sponsored two resolutions at the 2018 ABA Midyear Meeting in Vancouver, British Columbia. Resolution 113 calls for “integrated, systemic approaches within administrative, civil and criminal…

Feb 5, 2018 10:20 PM CST

Teen in Slender Man case is sentenced to 40 years in psychiatric hospital

A Wisconsin teen who pleaded guilty to trying to kill a friend to curry favor with the fictional Slender Man character was sentenced to 40 years in a psychiatric hospital on Thursday. Judge Michael Bohren sentenced the girl to the maximum penalty for the crime, committed when she was 12…

Feb 2, 2018 9:19 AM CST

ABA urges Senate action on bipartisan sentencing reform bill

The ABA is calling for swift action by the U.S. Senate to pass a bipartisan sentencing reform bill. The Sentencing Reform and Corrections Act of 2017 (S. 1917) was introduced in October after similar legislation failed to move forward during previous sessions of Congress. “Although S. 1917 does not go…

Jan 9, 2018 10:19 AM CST