American Civil Liberties Union

Our constitution is meant to safeguard against government abuses of power. But all too often, the rights of those involved in the criminal justice system are compromised or ignored. The ACLU works to reform the criminal justice system and make the promise of fair treatment a reality for all people. >> More about the ACLU's Criminal Justice work.


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DEFENDING THE RIGHTS OF MINORS
Removed from their communities and kept out of sight, people in the criminal justice system can easily become victims of government abuses of power. Within this group, juvenile suspects, defendants, offenders and prisoners are among the most vulnerable. Limited life experience and ignorance of their basic rights can make it difficult for youthful offenders to protect their own interests, and too often, juveniles forgo their rights without realizing that they have done so. The ACLU works to ensure adequate representation, decent care and conditions during periods of incarceration, and other rights for juveniles in the justice system. Through our focus on the School to Prison Pipeline, we also challenge policies and practices in public schools that channel children out of schools and into the juvenile and criminal justice systems.

> ACLU press release
> Boston Globe: Justice by the Numbers (6/1/08)
> Boston Globe: Children Go to Jail, for Lack of Options (5/12/08)
> 2003 Report: Disproportionate Minority Confinement in Mass.

Juvenile Justice System Failing Ohio's Children, Investigation Finds
A report card issued by the the ACLU, ACLU of Ohio, Children's Law Center, Inc. and the Office of the Ohio Public Defender, finds that the Ohio juvenile justice system is failing the state's children by permitting children to be routinely shackled, mandating that children accused of certain crimes be charged as adults and by not ensuring that all children accused of crimes get lawyers.
> Report Card: Evaluating Juvenile Justice in Ohio
> Press Release

Locking Up Our Children: ACLU Issues Report on Unjust Detention of Youth in Massachusetts (5/12/2008)
A widespread practice in Massachusetts of locking up youth accused of minor offenses and who pose little or no danger to their communities is unfair, threatens public safety and wastes public money, according to a report released in May 2008 by the American Civil Liberties Union and the ACLU of Massachusetts. The report documents the use of detention by state judges as a rehabilitative tool to frighten youth never convicted of wrongdoing. The report also addresses the woeful lack of placement availability in the state's child welfare and mental health systems that leave detention as the only viable option for youth who cannot safely be returned to their homes. Locking Up Our Children is a follow-up report to a 2003 report by the ACLU, which documented the disproportionate representation of youth of color in Massachusett's juvenile justice system.

ACLU Sues Over Failed Privately-Run Alternative School In Atlanta (3/11/2008)
The ACLU filed a class action lawsuit against the Atlanta Independent School System and Community Education Partners for violating students’ constitutional right to an adequate public education. CEP is a for-profit corporation paid nearly $7 million a year by the city to run its alternative school, which is among the most dangerous and lowest performing schools in Georgia.
Read the Press Release >>
Learn More About the Kids At Risk >>

Settlement Approved in Case Alleging Discrimination Against Native American Students in South Dakota
On December 10, 2007, a federal district court judge approved a settlement in a class action lawsuit alleging discrimination against Native American children enrolled in the Winner School District. The Winner/Ideal Native American community and the District reached an agreement to settle the case in June of 2007. Learn More >>

RESOURCES:
>In re Spears: Ensuring Pre-Trial Right to Counsel for Juveniles
> J.P. v. Taft: Fighting for Incarcerated Minors' Access to the Courts
> Other Efforts to Ensure Adequate Access to Counsel

Ensuring Access to Counsel in Ohio
In 1967's In Re Gault, the Supreme Court of the United States ruled that children under 18 have the right to counsel to assist with charges against them. More than forty years later, the ACLU is working to defend the legal rights of youth in Ohio. We have petitioned the Supreme Court to make it more difficult for juveniles to waive their right to an attorney, launched a public education campaign to inform young people of their legal rights, and are currently monitoring the State to make sure that incarcerated youth have access to the courts.
Learn more about our work to defend Ohio youth's right to counsel >>

Criminal Justice : Juvenile Justice : Press Releases view all

House Subcommittee Considers Bill To End “Life Without Parole” For Children (06/09/2009)
WASHINGTON – A key House Judiciary Subcommittee held a hearing today on a bill to help end the practice of sentencing children to life in prison without the possibility of parole. This legislation, known as H.R. 2289, the Juvenile Justice Accountability and Improvement Act of 2009, would deny funding to states that refuse to offer a parole option to juvenile offenders and authorizes state grants to improve legal representation for youths charged with life sentences. The hearing was conducted by the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security.

ACLU Files Lawsuit Charging Police And School Officials In Mississippi With Racial Discrimination And Excessive Force Against Schoolchildren (04/09/2009)
SOUTHAVEN, MS – The American Civil Liberties Union and the ACLU of Mississippi today filed a federal civil rights lawsuit charging Southaven, Mississippi police and DeSoto County school officials with assaulting and racially discriminating against a group of schoolchildren riding home on a school bus.

Parental Responsibility Ordinance Overturned in Davenport (03/24/2009)
The ACLU of Iowa announced today that a judge has thrown out a charge against a working mother under Davenport's "Parental Responsibility Ordinance," declaring the ordinance unconstitutional because it lacked due process.

ACLU Report Reveals Breakdown In Mississippi Alternative Schools (02/24/2009)
JACKSON, MS – Alternative schools in Mississippi are not adequately helping struggling students to succeed academically, leaving too many of the state's children to drift toward dropout and failure, according to a new American Civil Liberties Union report released today.

Bipartisan Crime Prevention Bill Takes Smart Approach to Juvenile Justice (02/13/2009)
WASHINGTON – A bipartisan group of lawmakers introduced H.R.1064 and S. 435, identical House and Senate bills to fund prevention and intervention programs that are comprehensive, community-centered and evidence-based efforts to combat gangs and youth violence.

Criminal Justice : Juvenile Justice : Publications view all

The Right to Education in the Juvenile and Criminal Justice Systems in the United States (02/05/2009)
On December 31, 2008 the Dignity in Schools Campaign and six organizations -- including the ACLU -- submitted a report on the right to education in U.S. juvenile and criminal justice facilities to the United Nations Special Rapporteur on the Right to Education, Mr. Vernor Muñoz. The report documents the school to prison pipeline; demographic and educational characteristics of the juvenile and adult incarcerated populations; the lack of adequate access to quality education programs in juvenile facilities and state and federal prisons; and examples of youth detention facilities in New York, Texas, and Louisiana that violate the rights of youth to education and to be treated with dignity. The report was submitted to the Special Rapporteur, who is currently preparing a report to the United Nations Human Rights Council about prisoner education worldwide to be released in June 2009.

(A Special Rapporteur is an independent expert appointed by the United Nations Human Rights Council. The Special Rapporteur on the Right to Education is called upon to examine, monitor, advise and publicly report back on the status of the human right to education in countries around the world.)

A Looming Crisis (12/18/2008)
The secure detention of youth after arrest and before arraignment in facilities administered by the Massachusetts Executive Office of Public Safety and Security.

A Call to Amend the Ohio Rules of Juvenile Procedure to Protect the Right to Counsel (03/09/2006)
A Briefing Paper by the ACLU, Children's Law Center & Office of the Ohio State Public Defender

DISPROPORTIONATE MINORITY CONFINEMENT IN MASSACHUSETTS: Executive Summary (06/02/2003)

ACLU REPORT: DISPROPORTIONATE MINORITY CONFINEMENT IN MASSACHUSETTS (06/02/2003)

Criminal Justice : Juvenile Justice : Legal Documents view all

D.P., et al. v. City of Southaven, et al. - Complaint (04/09/2009)

Observations and Supplementary Brief in Petition Before the Inter-American on Human Rights Alleging Violations of the Human Rights of Juveniles Sentenced to Life without Parole (12/11/2008)
Observations on the response of the United States regarding juveniles sentenced to life imprisonment without parole and supplemental submission in support of petition alleging violations of the human rights of juveniles sentenced to life without parole in the United States.

ACLU recommendations for “A Call to Action for Juvenile Justice” (10/21/2008)
On behalf of the American Civil Liberties Union (ACLU), a non-partisan organization with hundreds of thousands of activists and members and 54 affiliates nationwide, we are recommending actions that the new president and the next Congress must take to reform the nation’s broken juvenile justice system.

Agreed Supplement Order (07/07/2008)
On July 7, 2008, the Court filed a supplemental order, detailing remaining issues to be resolved between parties. >>Click below to read the official Order

Complaint in Harris et al v Atlanta Independent School System (03/11/2008)

Criminal Justice : Juvenile Justice : Legislative Documents view all

ACLU Letter to House of Representatives on Juvenile Justice Accountability and Improvement Act of 2009 (06/18/2009)
On behalf of the American Civil Liberties Union (ACLU), a non-partisan organization with more than half million activists and members and fiftythree affiliates nationwide, we write to express our strong support for H.R. 2289, the Juvenile Justice Accountability and Improvement Act of 2009, which would restore discretion to judges and juries by denying funding to states that refuse to offer a parole option to juvenile offenders and allow states to improve the quality of legal representation for youths facing potential life sentences.

Coalition Sign-on Letter to Department of Justice Urging Support of Reauthorization of the Juvenile Justice and Delinquency Prevention Act (JJDPA) (04/06/2009)

ACLU Letter to Senate Urging Support of Youth PROMISE Act (02/26/2009)
On behalf of the American Civil Liberties Union (ACLU), a non-partisan organization with more than a half million activists and members and 53 affiliates nationwide, we urge you to cosponsor the Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education (“Youth PROMISE”) Act, recently introduced by Senators Robert Casey (DPA) and Olympia Snowe (R-ME). This bipartisan legislation seeks to address youth violence by providing resources to communities to pursue comprehensive, evidence-based prevention and intervention strategies to decrease juvenile delinquency and criminal street gang activity.

ACLU Letter to House Urging Support of Youth PROMISE Act (02/26/2009)
On behalf of the American Civil Liberties Union (ACLU), a non-partisan organization with more than a half million activists and members and 53 affiliates nationwide, we urge you to cosponsor the Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education (“Youth PROMISE”) Act, recently introduced by Representatives Robert Scott (D-VA) and Michael Castle (R-DE). This bipartisan legislation seeks to address youth violence by providing resources to communities to pursue comprehensive, evidence-based prevention and intervention strategies to decrease juvenile delinquency and criminal street gang activity.

A Quick Glance at the ACLU's Legislative Priorities for the 111th Congress (01/13/2009)

Criminal Justice : Juvenile Justice : Resources view all

Report: Locking Up Our Children (05/14/2008)

Profiles of Kids at Risk - Atlanta, GA (02/26/2008)

Disproportionate Minority Contact (03/28/2006)

Profiles of Kids at Risk - Winner, SD (03/28/2006)

Ensuring Access to Counsel in Ohio: Stories of Children Who Waived (03/09/2006)

Criminal Justice : Juvenile Justice : Fact Sheets

What Is The School-to-Prison Pipeline? (06/06/2008)

School to Prison Pipeline: Discussion Questions (06/06/2008)

School to Prison Pipeline: Fact Sheet (PDF) (06/06/2008)
This fact sheet describes the basic steps on the path from school to prison.

School to Prison Pipeline: Talking Points (06/06/2008)

Criminal Justice : Juvenile Justice : Court Cases

Harris et al. v. Atlanta Independent School System (03/11/2008)
A class action lawsuit against the Atlanta Independent School System and Community Education Partners (CEP) for violating students’ constitutional right to an adequate public education.

J.P. v. Taft (10/01/2007)
Protecting incarcerated juveniles' access to the courts in Ohio.

In Re Spears (09/27/2007)
Defending juveniles' pre-trial right to counsel in Ohio.

Antoine v. Winner School District (03/28/2006)
The ACLU recently settled this lawsuit, which alleged discrimination against Native American students in a mostly-white school district in South Dakota. The ACLU is now working with the community and the defendant school district to implement changes in the district's schools.

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