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.
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

ACLU Urges Senate Judiciary Committee to Close School-to-Prison Pipeline (07/31/2008)
Washington, DC – The Senate Judiciary Committee is scheduled today to mark up S. 3155, the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008 (JJDPA), a bill setting standards and providing funding to protect the rights of juveniles in the criminal justice system.

ACLU Report Exposes Unjust Detention Of Youth (05/12/2008)
BOSTON – 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 today by the American Civil Liberties Union and the ACLU of Massachusetts.

Dismal High School Graduation Rate Violates Florida Constitution, Says ACLU (03/18/2008)

ACLU Sues Over Failed Privately-Run Alternative School In Atlanta (03/11/2008)
ATLANTA – In a case with national implications, the American Civil Liberties Union and ACLU of Georgia filed a class action lawsuit today against the Atlanta Independent School System (AISS) and Community Education Partners (CEP) 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.

ACLU, Rep. Bobby Scott Call for Multi-front Steps to Ending Youth Violence (11/28/2007)
RICHMOND, Va. – A group of advocates, including the American Civil Liberties Union, joined Representative Bobby Scott (D-VA) today to call on the Virginia community, as well as political and law enforcement leaders, to end the school-to-prison pipeline, the trend of increasingly funneling young people from the school system to the criminal justice system. Panelists discussed Rep. Scott’s Youth PROMISE Act as part of an alternative, focusing on preventing young people from committing crimes and joining gangs rather than just relying on the criminal justice system to punish youths who have broken the law.

Criminal Justice : Juvenile Justice : Publications

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)

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

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

Criminal Justice : Juvenile Justice : Legal Documents view all

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)

Consent Decree in Antoine v. Winner School District (12/10/2007)
On December 10, 2007, Federal District Court Judge Charles Kornmann approved the settlement in a lawsuit alleging discrimination against Native American students in a mostly-white school district in South Dakota.

Consent Decree in Antoine v. Winner School District (12/10/2007)
On December 10, 2007, Federal District Court Judge Charles Kornmann approved the settlement in a lawsuit alleging discrimination against Native American students in a mostly-white school district in South Dakota.

In Re: Spears - Memorandum in Support of Jurisdiction (06/01/2006)
Memorandum in Support of Jurisdiction of Appellant Corey Spears

Criminal Justice : Juvenile Justice : Legislative Documents view all

ACLU Letter to Senate Judiciary Leadership Urging Opposition to Amendment S. 3155 (07/30/2008)
On behalf of the American Civil Liberties Union, we urge you to oppose Senator Kyl’s proposed amendment to S. 3155, the Juvenile Justice and Delinquency Prevention Reauthorization Act, at tomorrow’s scheduled mark-up. The amendment would allow youth who commit certain crimes to be prosecuted as adults.

Re: ACLU Applauds Reauthorization of the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008 (07/16/2008)
Dear Chairman Leahy and Ranking Member Specter: On behalf of the American Civil Liberties Union, a non-partisan organization with hundreds of thousands of activists and members and 53 affiliates nationwide, we write to support S. 3155, the Juvenile Justice and Delinquency Prevention Reauthorization Act of 2008, and to urge the Committee to strengthen key elements of this important bill.

ACLU Youth Promise Act Letter (12/19/2007)

ACLU Letter to the House of Representatives Urging Opposition to H.R. 5295 Because of Fourth Amendment Infringement (09/18/2006)

Coalition Sign On Letter to House Members Sensenbrenner and Conyers Opposing H.R. 1279 (04/08/2005)

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)

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

Disproportionate Minority Contact (03/28/2006)

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

Criminal Justice : Juvenile Justice : Fact Sheets

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)

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

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

Criminal Justice : Juvenile Justice : Court Cases view all

Williams v. Monroe County Board of Education (05/21/2008)
This class-action lawsuit charges that school officials in Monroe County, Alabama subject African American students at Monroeville Junior High School to the widespread use of racial epithets and slurs, racially-motivated discipline, and racially segregated classrooms.

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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