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"Children Are Different" and Their Lawyers Should Be Too

The juvenile justice system often fails to provide adequate legal representation for children, particularly those with trauma histories. This can lead to inappropriate placements and a lack of support, hindering their rehabilitation.

In re Gaultright to counselineffective counselreforms to right to counsel
(2024)

The Slow Drip of Decarceration: Reversing the Flood of Mass Incarceration and Its Racist Impact

African Americans are incarcerated at nearly five times the rate of white Americans, reflecting deep-seated racial disparities. The U.S. prison population grew exponentially from the 1970s, disproportionately impacting people of color.

racial disparitiesmass incarcerationdecarcerationrehabilitationclemencyreleasepost-conviction relief
(2024)

Amending New Jersey’s Expungement Law to Reflect the Historical Treatment of Juveniles: Juveniles Deserve a Second Chance

New Jersey law denies record expungement for juvenile crimes. Limiting record sealing prevents rehabilitated youth from moving past their past.

juvenile recordrehabilitationcollateral consequencesdiscretionary juvenile record expunction
(2024)

Adolescents Engage in More Risky Decision Making

Research indicates adolescents engage in more risky behaviors than adults. This is due to ongoing brain development affecting judgment and impulse control, which continues into young adulthood.

neuroscienceadolescenceneurobiological maturityself-controlsocial influence
(2024)

Light Cannabis Use and the Adolescent Brain: An 8‑years Longitudinal Assessment of Mental Health, Cognition, and Reward Processing

Research on cannabis's effects on brain reward systems shows inconsistent results. More longitudinal studies are needed to determine if observed differences are due to cannabis use or pre-existing factors.

cannabisadolescencereward processingcognitive functioningpsychopathologybrain activityconduct problemshyperactivity/inattentionlongitudinal study IMAGEN study
(2024)

The Case for Second Chances: A Pathway to Decarceration in Maine

Maine incarcerates more people per capita than most countries, often for too long and at too great an expense. This review argues for significant changes, including reinstating parole, to reduce the prison population and recidivism.

mass incarcerationdecarcerationparoleclemencyMaine Criminal Code
(2024)

Juvenile Life Without Parole in Pennsylvania: Age, Cognitive Immaturity, and Culpability

Judges in Pennsylvania have sentenced some juveniles to life without parole by focusing on age and perceived adult-level culpability.

juvenile life without paroleJLWOPcognitive immaturitylegal culpability
(2024)

The Miller Trilogy, Jones, and the Future of Juvenile Sentencing and Constitutional Interpretation in the Post-Jones America

Many young people facing mental health challenges make reckless decisions. The lack of support structures, coupled with current sentencing practices, can severely harm juveniles in the criminal justice system.

juvenile sentencingextreme punishmentMillerJones v. Mississippisentencing reformUnited States
(2024)

Past, Prologue, and Constitutional Limits on Criminal Penalties

State constitutions can offer stronger protections than federal law. Illinois adopted a "proportionate-penalties clause" in its constitution, emphasizing rehabilitation in sentencing and requiring courts and lawmakers to consider it.

Criminal punishment reformRehabilitation-focused sentencingProportionate-penalties clauseConstitutional lawSentencing proportionalityRestorative justiceMass incarceration
(2024)

Brief of Center for Law, Brain and Behavior as Amicus Curiae in Support of Appellees-Plaintiffs Joao Neves, Keith Nunes, Pablo Ortega, and Mario Monteiro

This brief argues that Mario's Law should apply to all youth under 22 who have served 20 years, citing scientific evidence that adolescent brains continue to develop, making reliable predictions of future dangerousness impossible.

Mario's Lawparole statutelife-determinant sentencesneuroscientific evidenceEighth Amendmentadolescent developmentcriminal justice systemjuvenile offendersbrain development
(2024)

Large‐scale investigation of white matter structural differences in bilingual and monolingual children: An adolescent brain cognitive development data study

This study examines how speaking two languages impacts brain structure in school-aged children. Research increasingly shows that bilingual adults have unique brain alterations compared to those who speak only one language.

bilingualismbrain developmentlanguage networkwhite matter
(2024)

Associations Between Age, Social Reward Processing and Social Anxiety Symptoms

Adolescence is a vulnerable time for mental health issues, with social anxiety disorder often starting then. Research suggests adolescents may be highly sensitive to social rewards, though more studies are needed to confirm this in humans.

adolescencesocial rewardsocial anxietyreward sensitivityreward processingsocial processingmotivational processing
(2023)

Fletcher v. Alaska

The Supreme Court case Fletcher v. Alaska examined whether Alaska's juvenile sentencing laws violated the Eighth Amendment's ban on cruel and unusual punishment.

Juvenile sentencingEighth AmendmentProportionality principlejuvenile justice reformcruel and unusual punishment
(2023)

Application for Leave to File Amici Curiae Brief and Proposed Brief of Amici Curiae ACLU, ACLU of Northern California, et al., in Support of Petitioner Tony Hardin

The brief argues that a law denying parole opportunities to young adults serving life without parole sentences is racially biased. It claims the law reflects stereotypes and demands strict legal review due to its discriminatory nature.

youthful offender racemass incarcerationracial disparityoverincarcerationsuper predator mythblack youthpeople of colorexcessive sentencesdeath sentence LWOPfelony murderde facto life sentenceparole eligibilitystrict scrutinyEqual Protectionsuspect classificationfirst degree murder
(2023)

Application to File Amici Curiae Brief and [Proposed] Brief of Amici Curiae for the Santa Clara County Independent Defense Counsel Office (“IDO”) in Support of Defendant and Petitioner Tony Hardin

This brief argues that denying parole to young adults sentenced to life without parole for crimes committed before age 26 is unfair. It states that all youthful offenders should have a chance at parole if they show rehabilitation.

adoelscent brain brain development;equal protectionracial disparitiesbehaviorsocioeconomic disparitiesdiminished culpabilityyouth paroleyouthful offenderLWOP life without the possibility of paroleyouthful offender parolefirst degree murder
(2023)