Criminal Law Practitioner

Alanna Holt

Keywords: Best Practices; Courts; Juvenile Justice; Legal Advocacy

Juvenile defenders are uniquely situated to fight for the equal and fair treatment of LGBT youth in the juvenile justice system and to combat the selective targeting of these youth by law enforcement and the courts. Unfortunately, juvenile defenders frequently do not realize a client is LGBT or may not understand how a client’s LGBT status influenced the client’s contact with the system. This article argues that, in addition to the current recommendations available to juvenile defenders in their representation of LGBT youth, juvenile defenders should be encouraged to explore filing selective prosecution motions. Juvenile defenders should be prepared to file such motions in cases where an LGBT youth’s status specifically influenced the decision to prosecute, as opposed to those instances where their gender or sexual orientation influenced the circumstances leading to their contact with the system, such as homelessness, harassment, or abuse. [Summary adapted from resource.]

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Challenging Discrimination of LGBT Youth in Juvenile Justice: Encouraging the Legal Strategy of Selective Prosecution Motions