Washington College of Law
Syllabus – Juvenile Justice (638A-001)
Juvenile Justice and the Defense of Children’s Rights in the 21st Century
Thursdays 9:00 am – 11:50 am
I. Course Description
This three credit course offers students the opportunity to examine contemporary laws, policies and
practices that impact youth in the juvenile and adult justice systems. We will explore present-day issues
and systemic deficiencies that have significant bearing on youth, families, attorneys and advocates, as
they protect and defend the rights of children in juvenile and criminal courts across America. Topics will
cover a range of issues as the course follows case examples throughout the juvenile justice system, from
arrest through post-disposition, and will also examine the issue of youth in adult criminal courts.
Students will discuss and examine a host of related substantive and procedural due process and equal
protection issues. This class includes readings, class discussion and structured, in-class role playing
exercises and simulations. In addition, there will be several short writing assignments. This course
fulfills the Professional Skills requirement and does not involve an end-of-the semester examination.
II. Instructor
Patricia Puritz
Founding and former Executive Director, National Juvenile Defender Center
President, Patricia Puritz & Associates
ppuritz@gmail.com
202.359.5684
Guest speakers and community leaders will be invited to join our class discussion.
III. Office Hours and Contact
I am happy to answer questions and discuss topics related to the seminar outside of class. Please call or
email me to arrange a time to do so.
IV. Structure of the Class
This seminar relies on a combination of readings, critical analysis, writing assignments, and in-class role
playing and participation to explore contemporary issues related to youth in the juvenile and criminal
justice systems. There will not be a final exam.
* Weekly Readings and Analysis: In order to keep readings fresh and current, I will assign them
during each class for the next class, in addition to what is on the Syllabus and posted on MyWCL.
I am sure you will come to class prepared to discuss the topics and themes from those readings,
along with your ideas and questions related to the material. I will also provide hard copies of
certain materials to you during our first class.
* Writing Assignments: Writing assignments are designed to get you thinking critically and
engaged in juvenile justice practice and policy analysis, while sharpening your legal skills.
Throughout the semester, you will be responsible for two short papers, each taking a different
approach to analyzing and advocating for an aspect of juvenile justice or children’s rights
reform. We will discuss this in greater detail during our first class.
* In-Class Role Playing and Participatory Exercises: You don’t want to listen to me for 2.50
hours. Class will be much more enjoyable and interesting with your input and participation.
There are so many complex and current juvenile justice practice and policy issues worthy of
debate and discussion. Come prepared to engage in role playing related to different kinds of
advocacy on topics raised during class discussions. In addition, you will receive instructions prior
to your assigned exercises to help you prepare. Throughout the semester, you will be involved
in at least two assigned exercises. We will discuss this in greater detail during our first class.
V. Grading
Your final grade in the course will be calculated as follows:
* One-third participation in class discussion
* One-third quality of writing and analysis in written products; and,
* One-third preparation for and participation in role playing and assigned exercises.
VI. Laptop Policy
Active class discussion and debate play a critical role in this seminar. You may use laptops to take notes
and to reference electronic copies of course materials. Please do not use the internet for non-class
related purposes during the seminar or the use of laptops may need to be restricted.
VII. Schedule and Select Readings
I will provide students with hard copies of many of the materials that you will need for the course. In
addition, other readings will be posted online and can be accessed through MyWCL. While we will want
to maintain some amount of flexibility, the course schedule and related assignments are listed below.
Please contact me with any questions.
COURSE DATE AND TOPIC
MATERIALS AND ASSIGNMENTS
EXERCISES/ACTIVITES
August 27
Overview of the Juvenile Court
System, Developmental
Differences between Youth and
Adults, and the Role of Counsel
in Delinquency Court.
Hard copy course materials will
be handed out and other reading
assignments accessed online.
Sharpening Interviewing,
Listening, and Presentation Skills.
See generally the federal
Juvenile Justice and Delinquency
Prevention Act, 42 U.S.C.
Sec.5601 et seq.
People v. Austin M., 975 N.E. 2nd
22 (2012)
September 3
Constitutional Underpinnings of
the Right to Counsel for Youth –
The Early Cases
Kent v. U.S., 383 U.S. 541 (1966)
In re Gault, 387 U.S. 1 (1967)
In re Winship, 397 U.S. 358
(1970)
McKeiver v. Pennsylvania, 403
U.S.528 (1971)
September 10
Constitutional Underpinnings of
the Right to Counsel for Youth –
The Recent Cases
Roper v. Simmons, 543 U.U. 551
(2005)
Graham v. Florida, 560 U.S. 48
(2010)
J.D.B. v. North Carolina, 131 S.
Ct. 2394 (2011)
Miller v. Alabama, 587 U.S.
(2012)
September 17
Field Analysis: Realities of
Juvenile Court Practice –
Understanding the Systemic
Issues and Deficiencies that
Impede Access to Counsel and
Constitutional Practices for
Children
Read and Review NJDC Juvenile
Indigent Defense Assessments of
Access to Counsel and Quality of
Representation in Delinquency
Courts - See generally
www.NJDC.info/assessments
September 24
Examining Especially Punitive
and Questionable Practices Used
with Children such as: AdultStyle Police Interrogation
Techniques, Indiscriminate Use
of Shackles and Handcuffs, and
Isolation Practices
See www.strategiesforyouth.org
on youth and police interaction.
See www.NJDC.info and search
juvenile shackling for the
Campaign Against Indiscriminate
Juvenile Shackling (CAIJS)
Christian Science Monitor online,
Automatic Shackling of Juveniles
in Court Momentum Builds to
Stop the (8.14.15)
See www.jlc.org on T.D. and O.S.
v. Mickens et al regarding use of
solitary confinement and
juveniles.
Juvenile Detention Alternatives
Initiative, Strategies to Eliminate
the Unnecessary Use of Room
Confinement (2014)
Concise and Persuasive
Arguments
Practice and Policy Arguments on
Contemporary Hot Topics
October 1
Focusing on Early Access to
Counsel and the Harms of
Juvenile Detention
Schall v. Martin, 467 U.S. 253
(1984)
See generally Dangers of
Detention, Justice Policy
Institute, www.jpi.org
Practice and Policy Arguments
Regarding Juvenile Detention
October 8
School to Prison Pipeline and
School Searches
New Jersey v. T.L.O., 469 U.S. 325
(1985)
NJDC, Defending Clients who
Have Been Searched and
Interrogated at School, handout
provided
Advancement Project, Test,
Punish, and Push Out: How “Zero
Tolerance” and High-Stakes
Testing Funnel Youth into the
School to Prison Pipeline (2010)
Practice and Policy Arguments
Regarding School to Prison
Pipeline
October 15
Addressing Special Populations:
LGBT Youth, Girls, Especially
Young Children, and Youth
Charged with Sexual Misconduct
Hidden Injustice: Lesbian, Gay,
Bisexual, and Transgender Youth
in Juvenile Courts, The Equity
Project (2009)
Making Detention Reform Work
for Girls, Francine Sherman,
(2013)
Practice and Policy Arguments
Regarding Especially Vulnerable
Populations
October 22
Critical Importance of Disposition
and Post Disposition Advocacy
October 29
Understanding and Monitoring
Conditions of Confinement for
Youth in Out of Home
Placements
National Juvenile Defense
Standards – NJDC
Role of Counsel in Delinquency
Courts – NJDC
Review DOJ Statements of
Interest in Shelby County, TN and
St. Louis County ,MO
Review the C.H.A.P.T.E.R.S
analysis
Prison Rape Elimination Act of
2003, 42 U.S.C. Sec. 15601,
et.seq.
November 5
Emerging Federal Due Process
and Equal Protection Litigation
and Policy Advocacy Strategies
Read and analyze materials
related to the DOJ Statements of
Interest on right to counsel and
equal protection for juveniles.
November 12
Addressing Ongoing Problems
with Race and Class in Juvenile
Michelle Alexander, The New Jim
Crow (2010). Selected pages to
be assigned
Developing and Arguing Your
Statement of Interest
Developing and Arguing Your
Statement of Interest
Court and Challenging this Dual
System of Justice
James Bell, The Keeper and the
Kept: Reflections on Local
Obstacles to Disparities
Reduction in Juvenile Justice
Systems and a Path to Change
(2009)
Mark Soler, Reducing Racial and
Ethnic Disparities in the Juvenile
Justice System, Trends in State
Courts (National Center for State
Courts, 2014)
November 19
Youth in the Adult System
Campaign for the Fair Sentencing
of Youth -Trial Defense
Guidelines: Representing a Child
Client Facing a Possible Life
Sentence
December 3
What is the Future of Juvenile
Justice Reform? Where is the
Nation Headed and Where Do
You Fit In?
Practice and Policy Arguments
Regarding Youth in the Adult
System
Wrap Up