The brief argued that Ohio’s policy undermines Congress’s intent to keep children with their families and disregards the advantages of kinship care. The brief further argued that Ohio’s policy disproportionately harms Black and Brown children, as they are overrepresented in the kinship foster care system, and makes already-poor families poorer, as kinship caregivers are typically poorer than licensed non-relative foster parents.
Our brief argued that empirical research and the constitutional guarantees afforded to youth mandate a presumption against registering youth as sex offenders. We further argued that Oregon’s juvenile sex offender registration statute is unconstitutionally vague, not rationally related to a legitimate state purpose, and likely to disproportionately affect youth of color and LGBTQ youth.
Amici argued that imposing a life without parole sentence without considering the characteristics of youth is unconstitutional—whether imposed under a mandatory or discretionary sentencing scheme.
Our brief argued that predicating Class X eligibility on youthful offenses ignores the constitutionally recognized developmental differences between children and adults. We further argued that the Class X Felony Statute has a disproportionate effect on Black and Brown youth, as they are transferred to adult court at disparate rates.
We argued that Washington’s Persistent Offender statute violates both the Federal and Washington Constitutions by using a juvenile offense as the basis for imposing mandatory life without parole.
Our brief argued that probable cause hearings that result in transfer to adult court require due process protections to protect youth from the harms of the adult system and prevent racially disproportionate transfer. Our brief also argued that any sentence with a life tail should be treated consistently with the process set forth in State v. Patrick, which mandates consideration of youth and its attendant characteristics before imposing a life sentence. We further argued that life sentences are imposed disproportionately on youth of color and must therefore be subject to additional safeguards.
Our brief argued that mandatory prosecution in adult court exposes youth to severe consequences. We further argued that ORS 419C.370 disproportionately results in criminal prosecution of Black youth, as Black youth are more likely to be subject to traffic stops and, when stopped, are more likely to be searched and subject to prosecution for motor vehicle-involved charges.
Argued that Petitioner Bunch's sentence is unconstitutional pursuant to the United States Supreme Court's ruling in Graham v. Florida, which held that juvenile offenders cannot be sentenced to life without parole without a meaningful and realistic opportunity to re-enter society prior to the expiration of their sentences for non-homicide offenses.
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