Criminal Justice
Serving on a State Task Force
In 2018, the firm continued its commitment to improving the juvenile justice system through direct representation of incarcerated youth, participation as amicus in significant appeals, and advocacy for ongoing reform. A representative of the firm was also appointed to a newly formed Task Force for the Continued Transformation of Youth Justice in New Jersey, which is charged with “providing recommendations to the Governor’s Office, the Department of Law and Public Safety, other Executive Branch departments and agencies, and the Legislature on strategies and actions to continue the reform of New Jersey’s Youth Justice System.” We hope the task force will lead to a safer, more effective, and more rehabilitative juvenile justice system.
Working closely with the ACLU-NJ and Rutgers Criminal and Youth Justice Clinic, we developed a number of proposed amendments to the Juvenile Code.
Revamping Juvenile Parole
Over the past couple of years, the firm conducted in-depth research on New Jersey’s juvenile parole system and prepared a nationwide survey of best practices. Working closely with the ACLU-NJ and Rutgers Criminal and Youth Justice Clinic, we developed a number of proposed amendments to the Juvenile Code. If passed, these amendments will:
- Give youth a meaningful opportunity for early release;
- Heighten due process in parole revocation proceedings;
- Drastically reduce the mandatory supervision period now imposed on all incarcerated youth after they complete their term in custody;
- Help ensure that incarceration is treated as a means of last resort; and
- Require data collection and reporting on the incarcerated youth population and what happens to them during out-of-home placements.
We and our partners have shared these recommendations with representatives from the Juvenile Justice Commission, the courts, and the legislature, and evaluated early drafts of a bill to accomplish the changes we recommend.
Revamping Juvenile Parole
Over the past couple of years, the firm conducted in-depth research on New Jersey’s juvenile parole system and prepared a nationwide survey of best practices. Working closely with the ACLU-NJ and Rutgers Criminal and Youth Justice Clinic, we developed a number of proposed amendments to the Juvenile Code. If passed, these amendments will:
- Give youth a meaningful opportunity for early release;
- Heighten due process in parole revocation proceedings;
- Drastically reduce the mandatory supervision period now imposed on all incarcerated youth after they complete their term in custody;
- Help ensure that incarceration is treated as a means of last resort; and
- Require data collection and reporting on the incarcerated youth population and what happens to them during out-of-home placements.
We and our partners have shared these recommendations with representatives from the Juvenile Justice Commission, the courts, and the legislature, and evaluated early drafts of a bill to accomplish the changes we recommend.
Recalibrating Juvenile Sentencing
On behalf of the ACLU-NJ, the firm submitted an amicus brief in a criminal appeal challenging certain aspects of the juvenile sentencing scheme. The court held that the juvenile defendant should have had the opportunity to withdraw his guilty plea because he was not informed of the actual length of his sentence, which included a mandatory supervision period during which he could be re-incarcerated after having already served his entire term in custody. This decision helped change the plea process for juveniles. Beginning September 1, 2018, new rules require courts to use a written plea form in all juvenile delinquency cases, informing defendants of the post-incarceration supervision period.
The court declined to reach our more ambitious arguments, including that the prolonged universal period of post-incarceration supervision unconstitutionally deprives youth of individualized sentencing determinations. Nevertheless, the appeal was a significant victory that will ensure that juveniles are fully informed of the actual length of their sentence. And we will continue to work toward eliminating the lengthy post-incarceration supervision period—and other unfair sentencing practices-through further litigation or legislation.
Recalibrating Juvenile Sentencing
