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Kids & The Juvenile Court

Kids & The Juvenile Court. Juvenile Justice: Law, Policy and Opportunities to Reform Law Review Symposium October 11, 2013 Kimberly P. Jordan. Stats History of Juvenile Court Gault – 1 st Game Changer. Kids in Juvenile Court. Youth Matters!. 8 th Amendment

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Kids & The Juvenile Court

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  1. Kids & The Juvenile Court Juvenile Justice: Law, Policy and Opportunities to Reform Law Review Symposium October 11, 2013 Kimberly P. Jordan

  2. Stats • History of Juvenile Court • Gault – 1st Game Changer Kids in Juvenile Court

  3. Youth Matters! • 8th Amendment • Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted • Proportionality Roper, Graham, Miller

  4. •As any parent knows…. •Vulnerability •Personality • today our society views juveniles….as “categorically less culpable than the average criminal” • Not “the worst of the worst” Roper v. Simmons, 125 S.Ct. 1183 (2005)

  5. Adolescent Development by Dr. Davis

  6. “developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds” a juvenile offender who did not kill or intend to kill has a twice diminished moral culpability Graham v. Florida,130 S.Ct. 2011 (2010)

  7. No Retributive Justice for Juveniles? • More Treatment, Less Punishment? • No LWP in Our Future? • Challenges for States • Retroactivity • New Sentencing Progeny of Graham

  8. Roper and Graham establish that children are constitutionally different from adults for sentencing purposes Miller v. Alabama, 132. S.Ct. 2455 (2012)

  9. Brain Development by Dr. Davis

  10. Kids under arrest • “a reasonable child subject to police questioning will sometimes feel pressured to submit when a reasonable adult would feel free to go” • Child’s age “more than a chronological fact” JDB v. North Carolina,131 S.Ct. 2394 (2011)

  11. Serious Offenders Individualized Sentencing Improved conditions of confinement Reduce harsh sentences • Non Serious Offender • Keep Status Offenders out of Court • More Use of Diversionary Programs for Misdemeanors • Implement Behavioral Supports in Schools to Reduce School Based Referrals Going Forward

  12. All Juvenile Offenders • No Waiver of Counsel • Improve Interrogation Rules for Juveniles • Improve Collaboration Across Systems • Developmental Sentencing Going Forward

  13. Questions?

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