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Barristers in Britain are criticizing the country's policy of trying juveniles as adults for serious crimes. In response, the spokesperson for the Ministry of Justice had this to say:
"When a person under 18 is tried at a Crown Court, special provisions are made to make the proceedings less intimidating. For example, gowns and wigs are not worn, frequent breaks are taken and the defendant is allowed to have a parent in the dock with them."
In a recent murder trial in which five young boys were convicted of killing the father of one of them during a cricket game, the Judge complained during the trial:
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The New York Times Magazine today focuses on juvenile sex offenders, asking where is the line that divides a kid between being a sex offender and merely having boundary issues -- and questioning the wisdom of lifetime community notification laws for juveniles convicted of sex offenses.
It's a ten page feature article, but here are some highlights:
Community notification makes people feel protected — who wouldn’t want to know if a sex offender lives next door? But studies have yet to prove that the law does, in fact, improve public safety. Meanwhile, when applied to youths, the laws undercut a central tenet of the juvenile justice system. Since juvenile courts were created more than 100 years ago, youths’ records have, with exceptions in some states, been sealed and kept out of the public’s hands. The theory is that children are less responsible for their actions, and thus less blameworthy, than adults and more amenable to rehabilitation. But by publishing their photographs and addresses on the Internet, community notification suggests that juveniles with sex offenses are in a separate, distinct category from other adolescents in the juvenile justice system — more fixed in their traits and more dangerous to the public. It suggests, in other words, that they are more like adult sex offenders than they are like kids.
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The time is now to send your Senators a letter opposing Sen. Diane Feinstein's gang legislation bill, S. 456, the Gang Abatement and Prevention Act of 2007. It will hurt our kids.
Primary objections are:
- this legislation defines "gangs" and "gang crime" so broadly that it will drastically increase the number of children and youth who are inappropriately swept into the juvenile justice system -- especially poor children and children of color;
- this legislation places an extremely heavy emphasis on incarceration and punishment, and fails to support what we know really works to reduce recidivism: prevention and intervention; and
- this legislation unfairly and inappropriately targets undocumented individuals.
Republican Senators Orrin Hatch and Elizabeth Dole are co-sponsors of the bill, that should tell you something.
Background on the bill and its predecessor is here and here.
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The New York Times today praises the bill passed this week by the Connecticut Senate that keeps juvenile offenders in juvenile rather than adult court.
The issue:
Connecticut is one of only three states — along with New York and North Carolina — that automatically try 16-year-olds as adults. Embarrassed by that fact, last year state lawmakers in Connecticut established a commission that was instructed to bring the state’s correction laws into line with humane and sensible practices.
The Times:
This bill is the welcome result. It is also backed by a substantial body of research showing that children who are processed through adult courts and who do time in adult jails fare worse in life — and commit much more violent crime — than children handled in juvenile courts. Once saddled with adult convictions, these young offenders are typically barred from all kinds of jobs and confined to the very margins of society.
The new legislation, which calls for juveniles to be closely supervised and provided with extensive mental health, educational and re-entry services, will cost Connecticut more money initially. But the law would more than pay for itself by cutting down on recidivism and by giving troubled young people a real chance to become productive, law-abiding adults.
40 states allow for some juveniles to be charged and sentenced as adults. Some are revising the policy. All of them should.
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Here's one more reason to shake your head in disgust at the beleaguered Texas Youth Commission:
The agency that runs Texas' juvenile prison system said it will release 226 inmates after a review found their sentences were improperly extended. Advocates for Texas Youth Commission inmates and their families have complained that sentences are often extended inconsistently or in retaliation for filing grievances.Jay Kimbrough, who is heading an investigation into allegations of physical and sexual abuse at the agency's facilities, formed a panel to review the records of nearly all inmates with extended sentences. The six-member panel, which included community activists and prosecutors, reviewed the cases of 1,027 inmates.
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Here's a group and event that deserves some notice:
Hear Us OutThe event is sponsored by the Free Minds Book Club & Writing Workshop:
Wednesday, May 16, 2007 @ 7:00 PM
The Thurgood Marshall Center*
1816 12th Street, NW
Washington, DC 20009Hear Us Out will feature the writings of 16 and 17-year olds who have been charged and incarcerated as adults in the DC Jail. Poems will be read by Free Minds members who have been released and are now living and working in the DC community. Come celebrate their successes at this free community event!
Though I am behind these bars I'll start my life anewYou are invited to bring a new or used paperback book for the DC Jail's new lending library. Invite your friends. Light refreshments will be served.
Despite these walls around me
My sun will still shine through
by Leon, age 17, "Sunshine"
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Shaquandra Cotton, 15, shoved a teacher's aide. She claimed that the aide pushed her first, but a jury evidently believed the aide, and Shaquandra was convicted of a felony. Despite the absence of any serious injury, a Texas judge sentenced Shaquandra to remain in the Ron Jackson Correctional Complex, about 300 miles from her home, "until she meets state rehabilitation standards or reaches her 21st birthday."
Six years for a shove? How ridiculous. Even a day in the Ron Jackson Correctional Complex would be excessive.
The facility is part of an embattled juvenile system that is the subject of state and federal investigations into allegations that staff members physically and sexually abused inmates.
The case raises serious questions about the impact of race on juvenile sentences.
Creola Cotton, Shaquandra's mother, and activists argue that while [Judge] Superville sent Shaquandra to the state's juvenile prison system, he gave a white 14-year-old arsonist probation.
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As TalkLeft noted here, the State of Florida agreed to pay $5 million to the family of Martin Anderson, who was beaten to death in a boot camp for juvenile offenders. The family's attorney announced yesterday that Bay County will pay an additional $2.4 million to settle claims against the Sheriff's Office, which operated the boot camp.
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More and more kids are being locked up in adult jails. A new reports finds:
Despite a federal law that prohibits the incarceration of youth in adult correctional facilities, the number of young people held in jails across the country has exploded by 208 percent since the 1990s, according to a new report released today at the national press club by the Campaign for Youth Justice.
States exploit a loophole in federal law, which was designed to protect youth from the proven dangers of adult jails but only applies to youth in the juvenile justice system. Congress is considering the reauthorization of Juvenile Justice and Delinquency Prevention Act (JJDPA) this year, and advocates are asking that all youth under 18 be protected from incarceration in adult facilities.
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Police arrested a 7-year-old boy, handcuffed him and took his mug shot and fingerprints on a charge of riding a motorized dirt bike on a sidewalk.
At the station, Gerard Mungo Jr. was handcuffed to a bench and interrogated before being released to his parents. "They scared me," Gerard told The Baltimore Examiner before breaking down in tears.
Mayor Sheila Dixon plans on "looking into the case."
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Martin Anderson's life ended in his 14th year, when he was beaten to death in a Florida boot camp (more here and here). Gov. Crist announced today that Florida will pay $5 million to settle the claims of Martin's family.
Seven guards and a nurse were charged with manslaughter in November over the death of Anderson, whose beating by guards was caught on videotape.
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