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Devin Welch

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Background
The CWCY filed its first amicus curiae brief before the United States Supreme Court this past Monday. In the brief, the CWCY urges the Court to accept certiorari in Welch v. United States, 604 F.3d 408 (7th Cir. 2010). The Welch case presents the Court with an opportunity to resolve the longstanding tension between the Apprendi decision, which established that all facts used to enhance an adult criminal sentence beyond the statutory maximum must be found by a jury (except prior convictions), and the McKeiver decision, which established that there is no right to a jury trial in juvenile court. Devin Welch received an enhanced sentence in adult court because of his previous juvenile adjudication, even though he had been adjudicated delinquent without the benefit of a jury trial.

The CWCY became involved in the case because, while the Seventh Circuit panel upheld Mr. Welch's sentence, Judge Posner wrote a lengthy dissent arguing that juvenile court adjudications should not be used to enhance subsequent adult criminal sentences. Citing the CWCY's website and the work of CWCY co-founder Steven Drizin, he reasoned that juvenile court adjudications can often be unreliable, due in part to the absence of jury trials. He concluded by asking the U.S. Supreme Court to grant certiorari in this case to resolve the conflict between Apprendi and McKeiver. Echoing Judge Posner's dissent, the CWCY's brief seeks to educate the Court about the unreliability of juvenile court adjudications. It also points out how the use of juvenile adjudications to enhance adult criminal sentences runs directly contrary to the Court's (idealized) perception of the juvenile court as a "protective" space for juveniles.

The CWCY's amicus brief was fortunate to receive the support of the Juvenile Law Center and 23 other co-signers, including many of the nation's leading juvenile law scholars and juvenile justice organizations.


Resources

Welch v. United States Amicus
CWCY - October 07, 2010
State: Illinois
Type: Sample Brief Or Motion
Topic: Juveniles and Wrongful Convictions

Devin Welch received an enhanced sentence in adult court because of his previous juvenile adjudication, even though he had been adjudicated delinquent without the benefit of a jury trial. This amicus brief urges the USSCT to take on this case and focuses on the unreliability of juvenile adjudications.