by TChris

Should children ever be forgiven for mistakes that result from immature judgment? The trend in recent years has been to treat children as adults when they enter the criminal justice system, subjecting them to adult consequences on the theory that they deserve it for committing "adult crimes." That philosophy is tough on a kid who grows up and wants a fresh start in life. It's particularly tough when the kid may be branded as a sex offender for a good part of his adulthood.

Shawn Murphy was 13 when he forced his 11-year-old cousin to have sex with him. Now that he's turned 18, his name has been posted on Iowa's sex offender registry website.

"It causes a lot of problems and doesn't make much sense," said Gail Ryan of the National Adolescent Perpetrator Network's Kempe Children's Center. "With juveniles, we have pretty strong consensus in the field that we shouldn't be calling kids sex offenders when they're adolescents, when they're still forming their identities."

Juvenile sex offenders -- particularly those who have been through a treatment program -- are unlikely to become recidivists, but being labeled a sex offender may become a self-fulfilling prophesy.

A new study by the Coalition for Juvenile Justice finds that recidivism is higher among teenagers who have been charged as adults for their crimes.

Juvenile advocates say a decadelong crackdown on teenage crime has backfired by depriving youthful offenders, who disproportionately are members of minority groups, of adequate counseling, drug treatment, and education.

A survey of several states with large numbers of youths in the adult system found increased recidivism among youths who are treated as adults.

In other words, "Adult time for adult crime" is a failure. The report is called, "''Childhood on Trial: The Failure of Trying and Sentencing Youth in Adult Criminal Court." [link via CrimProf Blog.]

There are 11 juvenile offenders on death row in Harris County, Texas (Houston.) The Houston Chronicle interviewed several about their feelings on the Supreme Court decision barring their execution. Bottom line: They are relieved, but not celebrating.

Related: The Akron Beacon-Journal criticizes Scalia's dissent.

AP Reports:

The Supreme Court ruled Tuesday that the Constitution forbids the execution of killers who were under 18 when they committed their crimes, ending a practice used in 19 states.

The 5-4 decision throws out the death sentences of about 70 juvenile murderers and bars states from seeking to execute minors for future crimes.The executions, the court said, were unconstitutionally cruel.

No. 03-633, Roper v. Simmons, affirmed 5-4, in an opinion written by Justice Kennedy. Justice Stevens filed a concurrence, joined by Justice Ginsburg. Justice O'Connor dissented. Justice Scalia dissented, joined by the Chief Justice and Justice Thomas.[Via Scotus Blog]

Hearings were held in Nevada yesterday on a bill to ban the death penalty for those who were 16 or 17 at the time of their crimes.

That means they will spend an eternity in prison, and not be relieved from their actions until death," said Assemblywoman Chris Giunchigliani, D-Las Vegas. "The death penalty is not a deterrent, especially with youthful offenders who don't think further than today, let alone think about the consequences."

Giunchigliani said young teens are not as mentally developed as adults and so should not be subjected to the ultimate penalty. "There is now clear biological evidence that adolescents do not have the same ability as adults to make sound decisions and to prevent impulsive behavior," she said.

The jury verdict is in --guilty--in the case of Christopher Pittman, a teenager on trial for murder who used Zoloft as a defense has been found guilty.

Christopher was 15 when he killed his grandparents. He was charged as an adult and will be sentenced this afternoon to between 30 years and life.

Update: Christopher was sentenced to 30 years.

This is the act of a supportive father?

CHEYENNE, Wyo. -- Zachary Crank, the 16-year-old son of Wyoming Attorney General Pat Crank, was ordered to perform community service after pleading guilty to possession of marijuana.

The younger Crank pleaded guilty Thursday in Laramie County Circuit Court, where he was sentenced as an adult. Crank was ordered to pay court costs and submit to random drug testing on top of his community service. If he completes those tasks and stays out of trouble for the next year, his record will be expunged.

Attorney General Crank said he turned his son in after learning about the marijuana. Zachary Crank was cited at the family's home.

"Kids make mistakes," Attorney General Crank said. "My son has owned up to his mistake, and we're supportive of him." (emphasis supplied)

With a father like that, I wouldn't be surprised if the kid ends up with a major case of distrust and hatred for authority.

Sidebar: Before becoming state Attorney General, Crank was a federal prosecutor in Wyoming. He sent a lot of people away for long periods for drug offenses. Isn't it interesting that when his kid breaks the law, it's a "mistake" rather than a crime?

Human Rights Watch has issued a report slamming states that jail juvenile murderers for life without parole, among them, Colorado.

Forty-six people sentenced as juveniles in Colorado will spend the rest of their lives in prison without the possibility of parole, a sentence that is cruel, unfair and unnecessary, a report says. Human Rights Watch, a New York-based group, will release a highly critical study today called "Thrown Away: Children Sentenced to Life Without Parole in Colorado."

Colorado law requires judges to impose life without parole on children as young as 12 if they commit first-degree murder. International human rights law bars that practice, as well as the death penalty, and recognizes that the purpose of punishment is deterrence, retribution and rehabilitation, the report says.

California Governor Arnold Schwarzenegger takes a step in the right direction and implements a plan for a softer approach for juvenile offenders:

Marking a sharp turn in philosophy, the Schwarzenegger administration agreed Monday to put therapy and positive reinforcement at the heart of California's youth prison system, rejecting today's more punitive approaches in favor of models that have been successful in other states.

Leaders of the California Youth Authority called the action historic, and said that while the reforms would cost an undetermined amount of money up front, they would save dollars in the long run by helping more young lawbreakers go straight.

Gov. Arnold is getting praise from both sides on this one:

This was left in the comments today to our latest post on the juvenile death penalty:

how wonderful it was to see my son today. we laughed and talked for a couple of hours. we enjoyed a drink and some junk-food out of the vending machines. we took a couple of photos with a instant camera, photos that i will cherish for ever. we gazed into each others eyes and enjoyed each others company. the time passed so fast, as if it were only minutes.

time's up said the guard, so i gathered my trash and photos. we say our good bye's and i love you's. i walk away, leaving the youngest boy on texas death row waiting for the guards to take him back to his cell.

this is what we do, once a week, until the state of texas kills him or until our standards of decency evolve.

by TChris

Boot camps for unruly juveniles have been popular with the "harsh treatment builds character" crowd, but the story of Anthony Haynes reveals the potential for abuse that inheres in the "tough love" philosophy.

Anthony Haynes was a troubled overweight youth, and his mother sought out Long's program because she said she was desperate to find ways to cope with the child. While sitting in a disciplinary line in the July heat, Haynes began acting erratically, eating dirt and possibly hallucinating.

A counselor and several youths took him to a hotel and placed him, unconscious, in a shower bath, where he inhaled water. Then, rather than call for medical help, they took him back to the camp, where he died despite attempts to resuscitate him.

Charles Long, who operated the Arizona camp, was convicted Monday of reckless manslaughter in the 14-year-old boy's death. He had been charged with the more serious offense of second degree murder.

New Orleans school officials bring zero tolerance to a new and absurd level this week as a 4th grader was suspended for bringing "jello shots" to school--even though it has not been determined they contain alcohol.

The girl told the principal that her mother, who works in a bar, makes alcoholic shots at home and sells them at work. The fourth-grader said her mother had instructed her to take the shots to school and sell them, three for $1, to make some money for Christmas, Nowakowski said. The gelatin was turned over to the sheriff's department for testing to see if it contained alcohol.

The girl was suspended for violating school rules against possessing or trying to distribute a "lookalike," or something that appears to contain drugs or alcohol. Under the lookalike rule, the girl's suspension will stand no matter what the sheriff's department finds.

"The school system's position is, it doesn't matter if it had alcohol in it or not," Nowakowski said.

The school also insists on testing the 8 year olds' hair for signs of drug use.

In televised reports, [mother] Adrian Noble denied there was alcohol in the Jell-O and complained about the system's punishment of her daughter. Under the drug policy, the girl can return to school Friday if she completes an assessment program, undergoes counseling and submits to a hair test to make sure she is drug-free, Nowakowski said.