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SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012

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Nội dung chi tiết: SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012

SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012

NJ DCNATIONAL JUVENILE DEFENDER CENTERpromoting justice for all cHiWnen by ensuring excellence irT lũvenile defense(SAMPLE MOTION FOR JUVENILE TO APPE

SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012EAR IN COURT FREE FROM UNLAWFUL RESTRAINTS!(Thank you (0 Paul Cain (IL), Alec Karakatsanis (D.C.), Chris Provost (AK), and Jeremy Zacker (MD), as well

as many others, for providing sample motions that were used in the production of this sample motion.][COURT NAME]In the Matter of:A Child Under the A SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012

ge of Eighteen (18) Years.Date of Birth:)))))))) Case No. [ ]MOTION FOR JUVENILE TO APPEAR BEFORE THIS COURT FREE FROMUNLAWFUL RESTRAINTS1NJ DCNATIONA

SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012

L JUVENILE DEFENDER CENTER promoting justice [õrãlỉ children!))' ensuring excellence in Juvenile defenseThe minor,through counsel, [COUNSEL NAME], [CO

NJ DCNATIONAL JUVENILE DEFENDER CENTERpromoting justice for all cHiWnen by ensuring excellence irT lũvenile defense(SAMPLE MOTION FOR JUVENILE TO APPE

SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012dum.INTR(.)DUXLTJONAll detained juveniles appear in this Conn wearing [name mechanical restraints used in your court]. This is a blanket policy applie

d automatically to all detained juveniles brought before the Court, regardless of actual safety or flight risk. The degrading practice of bringing chi SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012

ldren before the Court in chains is unlawful and must cease. The use of restraint measures without an individualized showing of necessity is contrary

SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012

to the purposes of the juvenile justice system. The practice violates a juvenile’s right to due process and interferes with the right to counsel and t

NJ DCNATIONAL JUVENILE DEFENDER CENTERpromoting justice for all cHiWnen by ensuring excellence irT lũvenile defense(SAMPLE MOTION FOR JUVENILE TO APPE

SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012tion, article / and/or state statute]. Additionally, the handcuffing and shackling of children can cause serious mental and emotional harm, and underm

ines the Conn’s objectives in preventing delinquency and ensuring rehabilitation. The use of restraints must be confined to the rare case in which the SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012

court makes an individualized determination that shackles are necessary. In this case, such a determination would be unwarranted and [CLIENT] should

SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012

appear without any form of restraints.STATEMENT OF FACTS[CLIENT] is a [age] juvenile who has been in detention at [location] for nearly a year. During

NJ DCNATIONAL JUVENILE DEFENDER CENTERpromoting justice for all cHiWnen by ensuring excellence irT lũvenile defense(SAMPLE MOTION FOR JUVENILE TO APPE

SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012ber of] juvenile court hearings. In all of those hearings |CĨ ĨF.NT| has been respectful, appropriate and has not posed a threat Io himself or others

in the courtroom. Nor has he attempted to escape from a courtroom. Although he is before the court lor alleged crimes of violence towar ds others, it SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012

is the history of his good behavior in court over-many hearings in nearly a year that is most important to consider. [Using this as a model, describe

SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012

why your client should be unshackled based on his or her personal history. This can either be a lack of evidence that the child is CURRENTLY a risk of

NJ DCNATIONAL JUVENILE DEFENDER CENTERpromoting justice for all cHiWnen by ensuring excellence irT lũvenile defense(SAMPLE MOTION FOR JUVENILE TO APPE

SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012rd form motion can also be developed for all first appearances, because the length of detention has no legal or developmental correlation to the harms

caused by shackling.]The Court’s Uniform Policy of Shackling ?\ll Detained Juveniles[Begin by staling whether there is an actual policy of shackling SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012

juveniles by relevant agencies. If SO, provide it. If not. say so. You may want to ask well in advance of court security personnel if them is such a w

SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012

ritten policy, and whether you can have a copy.] lhe uniform practice of the courts and the policy of the I Department of Juvenile Justice! requires t

NJ DCNATIONAL JUVENILE DEFENDER CENTERpromoting justice for all cHiWnen by ensuring excellence irT lũvenile defense(SAMPLE MOTION FOR JUVENILE TO APPE

SPFM+VAT+guidance+notes+for+government+departments-2C+19+November+2012 restraints arc necessary. In compliance with this practice, juveniles are brought to court bound hand, waist, and often foot. Handcuffs arc used to3

NJ DCNATIONAL JUVENILE DEFENDER CENTERpromoting justice for all cHiWnen by ensuring excellence irT lũvenile defense(SAMPLE MOTION FOR JUVENILE TO APPE

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