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The New England Juvenile Defender Center is a nonprofit organization that works to ensure excellence in juvenile defense and to promote justice for all children. The Center is currently being hosted by the Office of the Defender General in Montpelier, Vermont.

 

The goal of the NEJDC is to provide an independent voice for defenders and children in the juvenile justice system by:

  1. supporting defenders,
  2. humanizing perceptions of youth and
  3. monitoring and challenging the conditions of youth jails and detention centers
 

Jailing Juveniles: The Dangers of Incarcerating Youth in Adult Jails in America

A new report, “Jailing Juveniles: The Dangers of Incarcerating Youth in Adult Jails in America,” released by the Campaign for Youth Justice provides a summary of the risks that youth face when incarcerated in adult jails, facts and figures about how many youth are incarcerated in jails nationwide, and a review of the limited federal and state laws protecting youth in jails.

Federal Advisory Committee on Juvenile Justice Annual Report 2007

The FACJJ developed 15 recommendations to the President and Congress that focus on the need to promptly reauthorize the Juvenile Justice & Delinquency Prevention Act, to amend the Act to improve juvenile justice, and to address critical issues confronting the states' juvenile justice systems.

Manual Introduces Juvenile Offenders to Community Service Learning

"Recently updated and revised, Giving Back: Introducing Community Service Learning provides skill-building strategies and materials to introduce juvenile offenders to fundamental concepts of community and community problems. Developed by the Constitutional Rights Foundation and the Constitutional Rights Foundation Chicago through a grant from the Office of Juvenile Justice and Delinquency Prevention, the manual is a useful resource for youth courts and other juvenile justice agencies seeking to apply school-based learning methods to court-mandated community service."

 

To view this manual, please visit:

http://www.crf-usa.org/YouthCourt/Giving_Back_2006.pdf

 

Screen & Assessing Mental Health & Substance Use Disorders Among Youth in the Juvenile Justice System: A Resource Guide for Practitioners (December 2004)

An American Travesty:

Legal Responses to Adolescent Sexual Offending

 

In An American Travesty: Legal Responses to Adolescent Sexual Offending, author Zimring argues that Megan’s Laws and other responses to these youths are based on certain assumptions about adult sex offenders—assumptions that don’t apply to adolescents. He finds there has been virtually no scholarly literature or research on the topic of adolescent sex offending: few scientific studies of sexual misconduct among children and adolescents, no rigorous assessments of strategies that address it, and no dialogue among legal scholars or judges.

        The current adversarial approach to young sexual offending grows out of a report issued in 1993 by the National Adolescent Perpetrator Network (NAPN), a vocal and well-organized network that is part mental health treatment group, part victims’ rights lobby. The report, published in Juvenile Judge’s Journal, was the longest publication devoted to juvenile sex offenders in at least half a century. At its center are 387 unproven assumptions about adolescent behavior, dangerousness, appropriate justice system responses, and the impact of various interventions on long-term development and life opportunities. The Task Force behind the report included no physicians, no specialists in program evaluation and policy analysis, no experts in juvenile justice, and only one attorney, a former prosecutor. Yet the report has stood for more than a decade, virtually uncriticized and tremendously influential.

            The NAPN’s report draws a picture of the adolescent sex offender that often seems similar to the image of the adult offender described earlier: deviant, recidivist, and a continuing danger to the community. The report advises treating all juvenile sex offenders as though they fit this image. It calls for prosecution in all cases, maintaining that prosecution and conviction themselves have therapeutic value for the offender. It defines all illegal sexual behaviors as abusive, regardless of the age of the child or the circumstances of the behavior.

 

Check out: http://www.mac-adoldev-juvjustice.org/AT.sepC.04.pdf

 

National Report Finds Mentally Ill Youth Warehoused in Jails - July 7, 2004

U.S. Senators Susan Collins of Maine and Representative Henry Waxman of California issued a report today finding that detention centers for youth are routinely used to house children with mental health problems. Few states rely on community-based mental health services to serve youth and few states adequately fund those community-based services which do exist.

The Impact of Zero Tolerance Policies

Many defenders and court officials including judges, report that an increasing number of juvenile delinquency cases originate in schools. Historically, disputes among youth and/or with teachers were generally settled in schools. With the implementation of zero tolerance policies in schools throughout the U.S. in the 1990’s, school-based disputes are leading to the involvement of law enforcement which all too often results in youths becoming involved in the juvenile justice system.

As of June 2004, the NEJDC website is offering information and resources on the impact of and advocates’ responses to zero tolerance policies. We hope this information will support defenders’ challenges to arrests of youth arising from zero tolerance policies.

Girls in the Juvenile Justice System

Attention has recently been focused on how the number of girls involved in the juvenile justice system appears to be increasing. The rate of increase and the causes of it are subjects for intense concern and debate.

As of May 2004, the NEJDC website is dedicating space to this issue and will offer readers data on rates, causes, and information on sources of support for defenders on this section of our site.

Resources on Girls in the Juvenile Justice System:

Federal - NEJDC Weighs In On Senate Juvenile DNA Sample Collection Legislation, March 2004

The NEJDC sent to the U.S. Senate Judiciary Committee a letter strongly opposing plans to relax state regulations for collection of juveniles' DNA data which has heretofore been highly regulated and limited. The proposed legislation, found in Section 103 of Senate Bill 1700, would reduce constraints on the state.

The NEJDC notes that Maine, Massachusetts and New Hampshire have legislation permitting collection of DNA samples for very limited purposes and for very limited offenses. Maine and Massachusetts enacted these laws last year. To read the full text of the NEJDC's letter click below.

New England States Fare Badly in Nationwide Survey of State Practices in Placing Children in Juvenile Justice and Child Welfare Systems to Receive Basic Mental Health Services: The Practice of Putting Parents in a Position of Needing to Relinquish Custody to Receive Services for Their Children is Criticized.

BY STATE

 

CT - Juvenile Justice Strategic Plan: Building Towards a Better Future (August 2006)

CT - NEJDC Commissions Report on Juvenile Justice Coverage in Connecticut

The NEJDC asked Professor James Simon of Fairfield University to survey the level and quality of coverage of juvenile justice issues in three major Connecticut newspapers between January 1 and March 31, 2002. Professor Simon's study located and analyzed 179 news articles and found that while juvenile justice issues are given prominent play, 83% of the stories were episodic at best, 93% were less than 7 paragraphs long and over 80% relied solely on police as sources. The complete report is available below.

ME - Comprehensive Three-Year Plan for Juvenile Justice and Delinquency Prevention

ME - NEJDC Attorney Successfully Challenges Maine Department Of Corrections Treatment Of Juvenile In Custody, March 2004

Ned Chester, an NEJDC Board member representing Maine, filed and recently settled a major case against the Maine Department of Corrections charging a pattern of abuse and misconduct towards a youth in its custody. The boy, "Michael T." was repeatedly put in solitary confinement, sometimes for periods up to 87 days, and repeatedly put in constraints, even when he posed no physical danger to himself or others and was not acting out of control in any manner.

MA - New report on youth being unlawfully held without bail.

MA - Overuse of Detention (Juvenile Defense Network)

MA - Survey of Immigrant Youth Reveals Interesting Views of Police & Juvenile Justice System January 2004

The Juvenile Justice Center of Suffolk University Law School recently published the results of its survey of immigrant youth in the Boston area about a range of topics including their interactions with police and the juvenile justice system. The survey was published at the New Young Americans Conference; Charting a Course of Immigrant Youth in a Changing Commonwealth, held January 8 and 9. One of the topics of the conference was the impact involvement in the juvenile justice has on immigrant youth with tenuous immigrant status and strategies defenders can employ to best protect these youth. The survey is available below.

MA - ACLU Report: Minority Confinement in Massachusetts: Failures in Assessing and Addressing Overrepresentation of Minorities in the Massachusetts' Juvenile Justice System, June 2003

Massachusetts has failed to address the overrepresentation of youth of color in its juvenile justice system as required by federal law, according to a report released by the American Civil Liberties Union at a news conference with juvenile justice advocates today.

 

 

For questions requiring immediate attention, please contact:

 

Mary Deaett

Mary.Deaett@state.vt.us




*Please look at bottom of page for a link to archived decisions

Doe v. District Attorney
--- A.2d ----, 2007 WL 2770436

Maine 2007 (September 25)

The public has a right to protect itself from those individuals whom the State has determined to be lawbreakers in the community. That protection is provided, upon conviction, by criminal sentencing to which constitutional protections apply. One of those constitutional protections is the Ex Post Facto Clause, which prohibits the public from deciding that sentences imposed and served in the past were too light and retroactively imposing more severe punishments on already sentenced offenders. The recent amendments to SORNA have retroactively enhanced criminal punishments by: (1) changing a fifteen-year registration requirement to lifetime State supervision; (2) removing the opportunity for waiver of the registration requirement upon a showing of his rehabilitation or for other good cause; (3) exposing registrants to punishments similar to the shaming and ridicule penalties of colonial times by identifying and targeting them on the internet, subjecting them to the documented risk of retribution and vigilante violence; (4) requiring them to report in person to the police and be fingerprinted once every ninety days for life; and (5) restricting their personal liberty by effectively barring them from being in certain public places. Maine jurisprudence suggests that the State’s action enhancing punishments after sentencing is violative of article I, section 11 of the Maine Constitution.

Link to full decision

 

Commonwealth v. Ogden O.

WL 1098204 (2007) (MA)

Court found that the Commonwealth satisfied its burden of proving that the juvenile acted with specific intent in committing mayhem and was not obligated to present evidence to rebut a purported common-law presumption of incapacity based on youth. Defense counsel was not ineffective for failing to raise the issue of lack of capacity or obtaining a psychological examination to determine whether the juvenile understood the consequences of his actions. Because the Commonwealth already affords juveniles greater protections than those afforded adults in the traditional criminal justice system, a defense of incapacity based on youth, “to the extent it ever existed in the Commonwealth” has been rendered inapplicable to current juvenile proceedings.

Commonwealth v. Dillon D.

448 Mass. 793 (2007)

SJC held public safety exception to Miranda rule applied where 13 year old possessed over 50 bullets at school. Common-wealth appealed and appeals court reversed suppression order. Juvenile's application for further appellate review granted.

Archived Decisions

 

Children 15 or younger incompetent to stand adult trial, study finds

A report released by the MacArthur Foundation's Research Network on Adolescent Development and Juvenile Justice found that a significant proportion of children age 15 and younger who are charged with a crime don't possess the intellectual and emotional maturity to undertand the judicial process and contribute effectively to their own defense.

For Full Report, Contact:

Marnia Davis
Administrator
MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice
Department of Psychology
Temple University
Philadelphia, PA 19122
Phone: (610) 805-0542
Fax: (610) 278-8343
Email: mdavis@temple.edu

 

 

STRIP SEARCHES AT SCHOOL ENTER MURKY LEGAL AREA

A school official strip-searching a student is an act that deals with fundamental rights -- specifically, the Fourth Amendment, aimed at protecting citizens from unreasonable search and seizure.

 

SPIKE IN VIOLENCE IN MIDDLE SCHOOLS RAISES CONCERNS

ROMNEY FINDING FAR TOO FEW LAWYERS ARE INTERESTED IN BECOMING JUDGES

SEARCH AND SEIZURE - STRIP SEARCH - PROBABLE CAUSE

Where a strip search of a defendant, who had been arrested for being a minor in possession of alcohol, revealed cocaine in his underwear, the cocaine should have been ordered suppressed at the defendant's cocaine trafficking trial, as there was no probable cause for the strip search.

 

JUVENILE DELINQUENCY - CONTROLLED SUBSTANCE

A verdict, finding a juvenile delinquent on the basis of distributing a Class C controlled substance and doing so within 1,000 feet of a school, should be upheld, as the evidence was sufficient to prove that the pills she was found distributing qualified as a controlled substance despite the fact that the pills were destroyed at a hospital and were never tested.

 

 

 

N.H. House votes to raise juvenile age to 18 for most crimes (1/08)

 

APPEALS COURT
Judges may order random urine screens as a probation condition, but such a condition must come from a judge, not from a probation officer.

STATE V. JOHN D. McCOOEY

Zero Tolerance case in NH

 

Tough Young Offender Law is Set Back - 11/1/07

The Rhode Island legislature has voted to repeal a four-month-old law under which 17-year-old offenders were treated as adults in the criminal justice system.

 

Rhode Island Grapples with Faulty Teen Jail Bill - 10/7/07

 

 

 

 





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