Juveniles In Adult Courts and Prisons

1. Changing policies in the late 20st century Juveniles In Adult Courts and Prisons

2. Throughout history societies have recognized age as a factor in determining criminal culpability mens rea

3. Arguments for Adult Court Transfer • Protect the public through long imprisonment • Send a message about the serious consequences of criminal behavior • Avoid the leniency of juvenile court • Reserve the juvenile court for the most likely to benefit • Maintain respect for the justice system • Reassure the public that the justice system can hold youth accountable • Impose a punitive penalty that is commensurate with the crime

4. Mug shot of 12 year old boy sentenced to prison

5. 8-Year-Old Arrested for Double Homicide

6. Social Discrepancies in Defining Youth • Theaters consider youths adults at age twelve • The State Bureau of Transportation at age sixteen • The United States Military at age eighteen • The State Liquor Control Board at age twenty one

7. Transfers to Adult Court • The establishment of the juvenile court led to reductions in adult court trials for juveniles during the early and mid 20th century. • Since the 1980s every state passed laws permitting more juveniles to be transferred to adult court. • States vary widely in the criteria they use in making the waiver decision.

8. Age of Transfer • More states transfer juveniles at age fourteen than any other age. • Seven states transfer juveniles at fifteen or sixteen • Vermont transfers at age ten • Montana transfers at age twelve • Georgia, Illinois, and Mississippi transfer at age thirteen • Arizona transfer over age of 8

9. Types of Transfers • Judicial Waiver • Prosecutorial Discretion/Direct File • Statutory Exclusion • Reverse waiver

10. California’s Proposition 21 Gang Violence and Juvenile Crime Prevention Act

11. California’s Proposition 21 • Designed to facilitate the transfer of large numbers of youth to adult court • Passed by voters in March 2000 with 62% support • Supported by most law enforcement groups • Opposed by civil liberties and child advocacy groups

12. Major Provisions • Expanded the pool of youth eligible for judicial transfer • Created provision for prosecutor discretion for youths with 2 0r more sustained petitions • Created statutory exclusion for anyone over age 14 accused of 1st degree murder and/or certain sex crimes

13. Impact of Proposition 21

14. Research on Deterrence • Jensen & Metsger (1994) - Comparison study of Idaho, Montana & Wyoming • Singer & McDowall (1988) – New York study on automatic transfer • Steiner & Wright (2006) Prosecutorial transfer laws in 14 states • Center of Disease Control (2007)

15. Why Juveniles tried as Adults have higher recidivism • Stigmatization and Labeling • Sense of resentment and injustice • Reinforcement of criminal behavior while incarcerated with adults • Decreased access to rehabilitation and family support • Reduce employment opportunities

16. Juveniles and Life Without the Possibility of Parole Banned by the United Nations Convention on the Rights of Children

17. Only two countries refuse to sign the UN Convention on the Rights of Children • United States • Somalia

18. Countries with people sentenced to LWOP for crimes they committed as children • South Africa - 4 • Tanzania – 1 • Israel – 7 • United States – 2,270 (California 227) Source: Amnesty International

19. Reforming Adult Court Transfer Laws • Supreme Court Decisions • Legislation - Senate Bill 9 (2012) • Voter Initiative - Proposition 57 (2016)

20. Supreme Court Decisions • Kent v U.S. (1966) (transfer hearing) • Breed v. Jones (1975) (double jeopardy/amenability hearing) • Roper v Simmons (2005)* (juvenile death penalty) • Graham v. Florida (2010) (juvenile life without parole) • Miller v. Alabama (2012) (mandatory juvenile life without parole)

21. The theory of the District's Juvenile Court Act, like that of other jurisdictions, [19] is rooted in social welfare philosophy rather than in the corpus juris. Its proceedings are designated as civil rather than criminal. The Juvenile Court is theoretically engaged in determining the needs of the child and of society rather than adjudicating criminal conduct. The objectives are to provide measures of guidance and rehabilitation for the child and protection for society, not to fix criminal responsibility, guilt and punishment. The State is parenspatriae rather than prosecuting attorney and judge. [20] But the admonition to function in a 'parental' relationship is not an invitation to procedural arbitrariness. Kent v US

22. Kent v US required an amenability test for adult court transfer decision Criteria for determining amenability: • The degree of criminal sophistication exhibited by the minor. • Whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction. • The minor’s previous delinquent history • Success of previous attempts by the juvenile court to rehabilitate the minor • The circumstances and gravity of the offense alleged in the petition to have been committed by the minor

23. Roper v Simmons Findings based on: • Juveniles lack of maturity and sense of responsibility • Juveniles overrepresented statistically in virtually every category of reckless behavior. • juveniles are also more vulnerable to negative influences and outside pressures, including peer pressure. They • Juveniles have less control over their own environment including escaping from a criminogenic setting

24. Roper v Simmons • Three general differences between juveniles under 18 and adults demonstrate that juvenile offenders cannot with reliability be classified among the worst offenders. Juveniles’ susceptibility to immature and irresponsible behavior means “their irresponsible conduct is not as morally reprehensible as that of an adult.” Thompson v. Oklahoma, 487 U. S. 815, 835. Their own vulnerability and comparative lack of control over their immediate surroundings mean juveniles have a greater claim than adults to be forgiven for failing to escape negative influences in their whole environment. See Stanford, supra, at 395. The reality that juveniles still struggle to define their identity means it is less supportable to conclude that even a heinous crime committed by a juvenile is evidence of irretrievably depraved character. United States Supreme Court Roper v. Simmons, 543 U.S. 551 (2005)

25. California Senate Bill 9 • Grants a parole hearing to someone sentenced to life without the possibility of parole after they have served a minimum of 15 years

26. Proposition 57 • Eliminates direct file/prosecutorial discretion • Requires a consideration of the youths potential for rehabilitation through a totality of life circumstance • Returns the transfer decision to a juvenile court judge

27. Murder in Santa Cruz: Should he be tried as an adult MaddyMiddleton (8 year old victim) Adrian Gonzales (15 year old accused)

28. Test Case: Adrian Gonzales Crime Issues Childhood neglect and emotional abuse Suicidal depression Autism Spectrum Disorder: A serious neurodevelopmental disorder that impairs a child's ability to communicate and interact with others. It also includes restricted repetitive behaviors, interests and activities. Attention Deficit Hyperactive disorder Socially awkward and isolated • Murder • Rape • Robbery • Kidnapping