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8. juveniles in adult court

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CJCJ's Executive Director Daniel Macallair, is a practitioner-in-residence at San Francisco State University (SFSU)'s Department of Criminal Justice Studies. These slides are from his Intervention …

CJCJ's Executive Director Daniel Macallair, is a practitioner-in-residence at San Francisco State University (SFSU)'s Department of Criminal Justice Studies. These slides are from his Intervention Policies in Juvenile Justice course materials.

Published in: Education

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  • 1. Juveniles In Adult Courts and Prisons CHANGING POLICIES IN THE LATE 20 ST CENTURY 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 2. Throughout history societies haverecognized age as a factor in determining criminal culpability MENS REA 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 3. Mug shot of 12 year old boy sentenced to prison 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 4. 8-Year-Old Arrested for Double Homicide 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 5. 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 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 6. 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. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 7. 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 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 8. Types of Transfers• Judicial Waiver• Prosecutorial Discretion• Statutory Exclusion• Reverse waiver 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 9. Gang Violence and Juvenile Crime Prevention Act CALIFORNIA’S PROPOSITION 21 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 10. 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 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 11. 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 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 12. Impact of Proposition 21 First Commitments to the Division of Juvenile Facilities by Court of Commitment and admissions of "housing" (state prison) cases 2004- 2009 est900 835 810800700 641600500 462400 397 330300200 171 125100 90 74 82 53 2 6 6 5 5 2 0 2004 2005 2006 2007 2008 2009 Est Juvenile Court (DJF commitment) Criminal Court (sentenced to prison, housed in DJF to age 18) Criminal Court (direct DJF commitment) 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 13. Goals of Transfer• General Deterrence• Specific Deterrence 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 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) 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 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 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 16. Juveniles and Life Without the Possibility of Parole BANNED BY THE UNITED NATIONS CONVENTION ON THE RIGHTS OF CHILDREN 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 17. Only two countries refuse to sign the UN Convention on the Rights of Children• United States• Somalia 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 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 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013