Argued that due process is violated when a judge uses his independent knowledge about a youth’s child welfare history and involvement, including past misconduct, as evidence to adjudicate the youth delinquent in the juvenile justice system.
Challenged the court’s finding that an autistic juvenile was competent to stand trial and that there was sufficient grounds to adjudicate the juvenile delinquent based on resisting arrest and related charges.
Argued that Kentucky state law and established public policy disfavor adjudicating a minor child delinquent of sexual misconduct and possession and viewing of child pornography when consensual sexual contact and exchange of sexually explicit text messages occurs between two teens who are both below the age of consent.
Juvenile Law Center was co-counsel in Montgomery v. Louisiana, a case recently decided by the U.S. Supreme Court holding that Miller v. Alabama (2012) applies retroactively to individuals serving mandatory juvenile life without parole sentences.
These briefs involved a thirteen-year-old student who was questioned by four adults, including a uniformed police officer, on school grounds regarding a series of break-ins. Juvenile Law Center argued that the student should have been considered in custody for Miranda purposes.
Supreme Court held the execution of juveniles unconstitutional. Juvenile Law Center’s brief argued the developmental differences between adolescents and adults in critical areas, including impulse control and understanding consequences.
One of the most important lessons from our 40 years of experience is that children involved with the justice and foster care systems need zealous legal advocates. Your support for our work is more important now than ever before.