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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)

Brief of Amici Curiae Association for Multidisciplinary Education and Research in Substance Use and Addiction & California Society of Addiction Medicine in Support of Objector and Appellant

This brief argues that courts should use consistent, evidence-based criteria to diagnose substance use disorders, not subjective judgments.

Substance Use DisordersSubstance UseParental RightsFamily SeparationEvidence-Based CriteriaStigmaJudicial InterventionDependency JurisdictionDSM-5-TRSubstantial Risk of Harm
(2023)

Brief of Legal Scholars as Amici Curiae in Support of Appellees

This brief argues that public nuisance law traditionally covers harm from unreasonably sold products, like those in the opioid crisis. It asserts that liability and remedies awarded in this case align with historical legal principles.

public nuisanceequitable remediesproduct salesopioid epidemicregulatory effortstort principles
(2023)

Brief of the Nat’l Ass’n of Counties, the Cnty. Executives of Am., the Nat’l League of Cities, the U.S. Conf. of Mayors, and the Int’l Mun. Lawyers Ass’n as Amici Curiae Supporting Appellees Urging Affirmance

This brief argues that pharmacies contributed significantly to the opioid crisis by failing to stop suspicious prescription drug sales. It asserts that pharmacies should be held responsible for their role in the epidemic.

Opioid crisisdrug overdose deathsopioidspharmaciesprescription drugsaddictionfentanylpublic healthpharmaceutical industry
(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)

Brief of Juvenile Law Center and RISE for Youth

This brief argues that children's unique developmental traits require special legal protections. It asserts that a school violated a student's Fifth Amendment rights by compelling statements used in juvenile court.

youth interrogationaccess to counselFifth Amendment (U.S.)law enforcement in schoolsracial disparitiesBlack youthconfessions
(2023)

Wisconsin Innocence Project Amicus Brief

False confessions are a significant problem, especially with children. This brief explains how current police tactics can lead innocent people, particularly minors, to confess to crimes they did not commit.

agepolice interrogationsMiranda custody analysisconfessionsdevelopmental deficienciesinvoluntary statementsmaximizationminimization
(2023)

Criminal reactions to drug-using offenders: A systematic review of the effect of treatment and/or punishment on reduction of drug use and/or criminal recidivism

Traditional policies to combat psychoactive substance use have increased violence and prison overcrowding.

recidivismdrugstreatmentincarcerationoffenders
(2023)

Examining Sanction Type and Drug Offender Recidivism: A Register-Based Study in Finland

Incarceration in the United States often fails to reduce reoffending, and may even increase it. Poor prison conditions and lack of rehabilitation programming may contribute to this ineffectiveness.

Drug offendersRecidivismFinlandDeterrenceIncarcerationCorrections
(2023)

Assessing Post-Sentencing and Reoffense Outcomes: A Quantitative Study of a Drug Treatment Court In a Western Canadian City

A study found that a Drug Treatment Court in a Western Canadian city significantly lowered reoffense rates. Participants showed better treatment completion, substance use patterns, and social reintegration than a comparison group.

Drug Treatment Courtsubstance use disorderspost-sentencing outcomes
(2023)

Addiction and autonomy: Why emotional dysregulation in addiction impairs autonomy and why it matters

This article discusses how addiction impacts a person’s ability to act autonomously and their moral responsibility. It highlights the often-overlooked role of emotional dysregulation in understanding impaired autonomy in addiction.

addictionautonomyvalueself-controlemotional dysregulationmotivationdecision- making capacitydrug usemoral responsibilityphilosophical debate
(2023)

Retired Massachusetts Judges Brief et al. in Support of Appellants

This brief argues that mandatory life without parole sentences for 18-20 year olds violate the state's constitution. It asserts that late adolescents share characteristics with juveniles, making such sentences cruel and unusual punishment.

late adolescencelate adolescentsMillerDiatchenkopermanent incorrigibilityMiller hearingsinconsistent sentencing
(2023)

Corrected Brief for the Committee for Public Counsel Services as Amicus Curiae in Support of Messrs. Mattis and Robinson

The brief argues that parole for juvenile homicide offenders works, citing successful outcomes. It contends that 18-20 year olds should also be eligible for parole, as they are capable of change.

late adolescentscapacity to changeLWOPDiatchenkoparole eligibilityrehabilitationbrain development
(2023)

Brief of Amici Curiae Boston University Center for Anti Racist Research, Fred T. Korematsu Center for Law and Equality, Center on Race Inequality and the Law, and Criminal Justice Institute at Harvard Law in Support of Defendants-Appellants and Affirmance

This brief argues that extreme racial disparities in life without parole sentences for 18-to-20-year-olds violate Massachusetts' Declaration of Rights.

irreperable corruptionracial disparity18-20-year-olds18 to 20 year oldspost-Miller sentencingdiscretionary LWOPdiscretionary life without parolelate adolescents late adolescenceMillerMontgomerytransient immaturity
(2023)