Our brief argued that Houston-Sconiers, which held that sentencing court’s have authority to depart below the standard sentencing range when sentencing youthful offenders, established a substantive change in the law requiring retroactive application and further that a national consensus has emerged against applying mandatory sentencing schemes to youth. We further argued that the continued imposition of mandatory adult sentences on youth relies on an unconstitutional non-rebuttable presumption that a youth is as morally culpable as an adult.
We argued that under both the Federal and Washington Constitutions there is a presumption that age is a mitigating factor in sentencing when children are tried as adults and that the burden of proof should be on the prosecution to disprove the mitigating effect of age.
We argued that the proposed judicial expansion of the Child Protective Services Law to permit unreasonable searches of parents through compulsory urine drug screens during civil child welfare investigations violates both the Fourth Amendment and the Pennsylvania Constitution. We further argued that such an expansion would have a disparate impact on poorer people and people of color.
Our brief argued that the imposition of any life imprisonment sentence upon a juvenile offender, including a life tail, imposed without considering youth and its attendant characteristics, is unconstitutional under the U.S. and Ohio Constitutions.
Amici argued that the state should be held liable when youth are deprived of the right to effective assistance of counsel, even when the state has delegated the responsibility of providing counsel to the county because the right to counsel is fundamental and essential to a fair trial.
United States District Court, Middle District of Alabama •
Attorneys from Juvenile Law Center and SPLC filed a lawsuit challenging Alabama’s Sex Offender Registration and Community Notification Act, which imposes a lifetime obligation to register as a sex offender for children tried and convicted as adults for sex offenses.
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