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Mack Crawford
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Mary McCall Cash
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and Senior Staff Attorney

Marques Smith
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Jimmonique Rodgers
Appellate Division Director

Jerry Word
Acting Capital Defender

Jim Stokes
Conflict Division Director

Sabrina Rhinehart
Mental Health Divison Director

 



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Atlanta, GA 30303
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NEWS

updated Monday, 06/28/2010 3:49 PM


Save the Date!
2010 Georgia Youth Law Conference
October 27-29, Atlanta, GA
Call for Abstracts - Deadline July 26
Abstract submission form and conference information available online at GACCchildlaw.org


May 17, 2010: Supreme Court Bans Life Without Parole for Juveniles Who Have Not Killed


 

2009 GEORGIA YOUTH LAW CONFERENCE

November 2-4, 2009
Crowne Plaza Perimiter NW
Atlanta, GA 30339

Registration Information and Conference Schedule


2009 South Georgia Juvenile Defender Seminar

July 10, 2009
State Bar of Georgia
Tifton, GA

Registration Information


Interviewing
the Child Client

April 29, 2009
2—4 p.m.
Atlanta Bar Association
229 Peachtree St NE # 400

Complimentary Program
CLE Credit Offered; Ethics CLE applied for

Registration required by April 24
To register contact Cathy Krebs at krebsc@staff.abanet.org
or 202 547 3060

Download Flyer


Center for Children, Law & Policy at the University of Houston Law Center's
ZEAOLUS ADVOCACY CONFERENCE

2008 Conference

For anyone unable to attend the 2008 Zealous Advocacy Conference, a video of Professor Irene Merker Rosenberg's talk is now available on the CCLP website.
Irene Merker Rosenberg, The Rights of Delinquents in Juvenile Court (Zealous Advocacy 2009) from Center for Children, Law and Pol on Vimeo.
A draft of Professor Rosenberg's paper is also available for download: The Rights of Delinquents in Juvenile Court: Why Not Equal Protection? (.pdf).

SAVE THE DATE for next year

The date for the 9th Annual Zealous Advocacy Conference has been set for Thursday, May 20th and Friday, May 21st, 2010. Further details will be forthcoming.

Resources Available

For anyone who would like to receive a copy of CCLP's annual Zealous Advocacy Resource CD with articles and analysis relating to the presentations and other current topics in juvenile law, please send your name and mailing address to Luke Gilman at ljgilman@central.uh.edu or by mail at Center for Children, Law & Policy, 100 Law Center, Room TUII 238, Houston, TX, 77204-6060.


Atlanta Volunteer Lawyers Foundation
Annual Seminar Series

Understanding RTI within the Context of Georgia's Pyramid of Interventions

Monday, January 12, 2009
10:00 a.m. to 12:00 p.m.

Lynn L. Pennington, Education Consultant
President of SSTAGE
and
Dr. Paula Freer, Program Specialist MW GLRS
http://www.ciclt.net/mresa/

Registration for CEUs at no cost on site
At the STATE BAR OF GEORGIA
104 Marietta St. NW, Atlanta, GA 30303

RSVP to Kathleen Dumitrescu
at the Atlanta Volunteer Lawyers Foundation
kdumitrescu@avlf.org
678-681-6009
flyer


Long Anticipated Model Juvenile Code Debuts

Click here to access it online at www.justga.org and to offer your comments for the final legislative package to be submitted by JUSTGeorgia to the Georgia General Assembly in 2009. The YLD model juvenile code was four years in the drafting and marks an important milestone in the JUSTGeorgia project. In the next phase, JUSTGeorgia will draft legislation based on the YLD code and informed by statewide stakeholder input gathered by JUSTGeorgia volunteers over the last several months.


CFYJ Case Profiles Project

On behalf of the Campaign for Youth Justice (CFYJ), a national campaign dedicated to ending the practice of trying, sentencing and incarcerating children under 18 in the adult criminal justice system, we would like to invite your participation in the CFYJ Case Profiles Project. The Case Profiles Project is gathering the stories of individuals that have been rehabilitated by the juvenile justice system, rather than transferred to the adult criminal justice system. We hope to communicate to policymakers, the public, and the media these “successes” as a way to illustrate why youth should not be prosecuted as adults. We need your help collecting the stories of youth who have turned their lives around through the second chance given to them by the juvenile justice system. If you know someone who has been given a second chance through the juvenile justice system, please put them in touch with Julie Kudrna (202.558.3580 ext. 29 or jkudrna@campaign4youthjustice.org) and pass this request along to your contacts and networks. Due to the urgency of this project, we request that story contacts be submitted by February 20th 2008.


Atlanta Volunteer Lawyers Foundation Free Lecture Series

Accessing Mental Health Care for Kids through the New State System

Hon. Tom Rawlings
Office of the Chid Advocate
http://gachildadvocate.org

When: Monday December 10, 2007
10:00am - 12:00 noon
Where: State Bar, Third Floor
Atlanta, GA

RSVP to Kathleen Dumitrescu
kdumitrescu@avlf.org  or call 404-521-0790 ex.31


TOWN HALL MEETINGS
To Discuss Possible Revisions To
Georgia’s Juvenile Code

The two-hour public town hall meetings will be held across Georgia’s ten judicial districts in October and November 2007. Meeting locations include Savannah, Macon, Conyers, Albany, Columbus, Atlanta, Gainesville, Athens, Milledgeville, Griffin, Rome and Cobb County. Each town hall meeting will be facilitated by the Fanning Institute of the University of Georgia. Flyer DOC

For more information:www.justga.org or call 404-685-6750


FACJJ Issues Annual Report

The Federal Advisory Committee on Juvenile Justice (FACJJ) has issued its 2007 Annual Report.

Established under the Juvenile Justice and Delinquency Prevention (JJDP) Act, the role of FACJJ is to advise the President and Congress on matters related to juvenile justice and delinquency prevention, to advise the Administrator of the Office of Juvenile Justice and Delinquency Prevention on the work of OJJDP, and to evaluate the progress and accomplishments of juvenile justice activities and projects.

The report outlines concerns and issues identified by FACJJ members and their State Advisory Groups. It contains 15 recommendations that illustrate why juvenile justice should remain a national priority and highlights the importance of reauthorizing the JJDP Act.

Resources:

FACJJ's 2007 Annual Report (link to .pdf file)

For further information about the Federal Advisory Committee on Juvenile Justice, visit http://www.facjj.org.


YouthBuild!

What:
What is CHRC Youthbuild?
A Construction Training, Educational, Life Skills and Leadership program.

Benefits of YouthBuild:
* Weekly Living Allowance
* Educational allowance at end of program
* Savings Plan that matches your contribution dollar for dollar (up to $100 per     month).
* Employment Assistance during and after program

When:  Taking referrals through the 2nd week in October, 2007

Who: Youth ages 16 to 24 - 30 slots – Girls encouraged!

Requirements of YouthBuild:
* Ability to make a 1 year commitment to CHANGE!
* Be between the ages of 16-24
* Be available Monday-Friday from 9:00 AM-3:00 PM
* Be willing to work toward education goals (GED or College/Vocational)
* Commit to a minimum of 10 hrs. per week in a part-time job
* Be willing to work in a team setting to accomplish YouthBuild goals
* Be interested in construction & renovation
* Commit to hard work & dedication
* Be self-motivated & self-disciplined
* Be drug-free
* Be willing to participate in building a stronger community
* Be able to complete an intense four-week orientation

Where: Work takes place onsite. The Orientation takes place at the CHRC office located at Studio-Plex: 659 Auburn Ave, N.E.; Studio 153 Atlanta, GA  30312 – will follow up with Probation Officer with exact start date

Accepting Referrals Now!
You may email referrals to: ibrown@chrcatlanta.org
Be sure to copy Janet Wright
For more information call Irvin Brown @ (404) 658-1322


The JDAI Help Desk is a practice-based, informational resource for juvenile justice practitioners, policymakers, advocates, and others interested in improving the detention component of their delinquency system and their juvenile justice system overall.

Log on now: www.jdaihelpdesk.org!

  • Learn about key strategies, best practices, and innovations by browsing materials generated by juvenile justice reform experts and JDAI sites.
  • Receive individualized technical assistance by submitting your questions online.

Since 1992, the Juvenile Detention Alternatives Initiative, a project of the Annie E. Casey Foundation, has demonstrated that jurisdictions can safely reduce the use of secure detention while strengthening their juvenile justice systems and protecting public safety. JDAI helps communities develop strong outcome measures limit additional costs, and in some cases, reduce costs. With reform efforts in more than 75 jurisdictions in 19 states and the District of Columbia, JDAI is now operational in those places responsible for almost 75 percent of the country’s detained youth population! 

The past fifteen years of JDAI system reform efforts have produced key lessons and strategies.  These strategies, innovations and model practices are now available to you at the JDAI Help Desk

Log on now: www.jdaihelpdesk.org!


Social Programs to Combat Gangs Seen as More Effective Than Police
Area Officials Advocate Mix of Prevention and Enforcement

Washington Post
July 18, 2007
Tom Jackman


When it comes to fighting gangs, there's the New York City approach, and there's the Los Angeles approach, according to the Justice Policy Institute. And one statistic dramatizes the difference: Two years ago, Los Angeles police reported 11,402 gang-related crimes; New York police, 520.

In a report being issued today, "Gang Wars," the Washington-based institute says it found overwhelming evidence that cities such as New York and suburbs and rural areas that use extensive social resources -- job training, mentoring, after-school activities, recreational programs -- make significant dents in gang violence. Areas that rely heavily on police enforcement, such as Los Angeles, have far less impact.

Read the entire Washington Post article (registration required)

Read the Justice Policy Institute Report


Are children exposed to lead at a young age more likely to commit crimes as juveniles and adults? A new study says yes.

PRNewswire-USNewswire
July 9, 2007

Are children exposed to lead at a young age more likely to commit crimes as juveniles and adults? A new study says yes.

COLUMBIA, Md.,-- Rick Nevin, an independent economic consultant and National Center for Healthy Housing (NCHH) senior advisor, compared trends in childhood lead exposure to crime rate trends over several decades in nine countries: USA, Britain, Canada, France, Australia, Finland, Italy, West Germany and New Zealand. In all countries, he found that the greater the exposure, the higher the crime rate. Nevin's analysis of USA city murder rates also shows that murder is especially associated with more severe childhood lead poisoning.

"The research shows a clear link between lead exposure and crime, not just in this country but eight others as well. Nevin's work demonstrates the need for the U.S. Environmental Protection Agency to finalize rules to help prevent childhood exposure to lead during the renovation, painting and remodeling of older homes," said Rebecca Morley, NCHH Executive Director.

About 38 million U.S. homes still contain lead-based paint, which was banned for residential use in 1978. Of those, about 4 million are renovated each year, exposing many children to significant hazards when contractors fail to follow lead-safe work practices. The EPA rule that governs these practices has been delayed for over a decade due, in part, to industry opposition. The U.S. Centers for Disease Control and Prevention estimates that over 310,000 children in this country suffer from lead poisoning.

Lead contaminates household dust ingested by children as they crawl and engage in normal hand-to-mouth activity. Ingested lead travels through the bloodstream to the developing brain where elevated blood lead causes many neurological effects that can impair IQ, learning and behavior later in life, numerous studies have shown. Use of lead in paint in the U.S. peaked in the first half of the 20th century before the 1978 ban. Per capita use of lead in gasoline surged in the USA after World War II and rose at a slower rate in nations with lower per capita gasoline use. A phased-in ban of lead in gasoline in the USA began in the early 1980s.

One of the major findings showed that the level of lead found in preschoolers in the nine studied countries tracks the property and violent crime rate trends in those countries at the time these preschoolers became juveniles and young adults. Childhood exposure to leaded gasoline rose from the 1930s through 1970, and all of the nations studied had rising crime rates, as these children became juveniles and young adults.

A summary of other key findings from the Nevin study, information about the lack of EPA regulation of older home renovations and steps to take to protect children from lead poisoning are available on the NCHH website:
National Center for Healthy Housing

 


Save the Date!

Judge Vincent Crawford, the Supreme Court Committee on Justice for Children and the Georgia Public Defender Standards Council invite you to the initial meeting of the Georgia Parent Attorney General Committee on Friday, August 31st* at 10:00 AM at GPDSC in the state bar building, 104 Marietta Street, Atlanta, GA.  More details and an agenda will be coming soon. 

*new date


Know Your Rights Night Kits

NJDC and the Gault at 40 Campaign are pleased to announce the introduction of Know Your Rights Nights Kits.  The kits include two separate curricula, booklets for distribution, a short video, silicon wristlets, and more!  It is our hope that with these materials, community members will be able to host Know Your Rights nights across the country, reaching hundreds of children. The pieces of the curricula are designed to be mixed, matched, and tailored to fit your audience needs, in order to reach the broadest range of children and young people possible.  In order to obtain a copy of the Know Your Rights Kit, download curricula and contact NJDC to obtain hard copies of materials for distribution.


OJJDP National Report Reviews Data on Juvenile Offending

High profile incidents often shape public perceptions of juvenile offending. In seeking remedies, it is useful to have an accurate view of the crimes committed by juveniles.

"Juvenile Offenders and Victims 2006 National Report" provides a review of data from diverse sources that sheds light on the proportion and characteristics of youth involved in law-violating behaviors and trends in those behaviors.

Resources:

View the above described review

Access the complete report


Houston Chronicle
April 9, 2007

Court: MySpace Postings Are Free Speech
Charles Smith

INDIANAPOLIS — A judge violated a juvenile's free-speech rights when he placed her on probation for posting an expletive-laden entry on MySpace criticizing a school principal, the Indiana Court of Appeals ruled.

The three-judge panel on Monday ordered the Putnam Circuit Court to set aside its penalty against the girl, referred to only as A.B. in court records.

"While we have little regard for A.B.'s use of vulgar epithets, we conclude that her overall message constitutes political speech," Judge Patricia Riley wrote in the 10-page opinion.

Read the full article>>
PDF Read the opinion >>


Georgia Parent Attorney Conference
Atlanta, Georgia
May 8-9, 2007
Keynote:  Justice Carol Hunstein


March 11 PeachCare Cut-Off Letters Hit Mailboxes

Below is the text from the letter sent by DCH commissioner Rhonda Medows, informing current PeachCare enrollees of the freeze on new enrollment after March 11.  The began hitting parents' mailboxes the week of Feb. 26.

It was with a heavy heart that I announced we will stop accepting new applications to enroll in the PeachCare for Kids (PCK) program effective March 11, 2007. This freeze will then be in effect until further notice.
 
While we are no longer accepting new enrollees, I am writing to you as parents and guardians of children already enrolled in PCK to inform you that you should not be alarmed by this notification. This is NOT a notice announcing that the program is ending. As long as PCK has money to operate your children will receive care under the terms of their current enrollment.
 
As a parent, I understand the importance of providing quality health care to your children, and I have notified providers that the enrollment freeze does not impact the health care service of current PCK members. Providers will continue to render health care services to current PCK members.
 
However, if you are required to pay a PCK premium, it is crucial that you make your monthly payment on time or your children's coverage will be at risk. After March 11, 2007, any family whose participation in the program is cancelled for failure to pay premiums will no longer be re-enrolled during the period.
 
PCK, Georgia's State Children’s Health Insurance Program, is a partnership between the state and federal government to provide comprehensive health care program for uninsured children living in Georgia. The state has committed its share of the fund; however, the program as a $131 million federal funding shortfall for Federal Fiscal Year 2007.
 
We continue to work with members of Congress, the members of our State Legislature and the Governor's office to resolve the funding needs of this very important program.

-Voices for Georgia's Children

 


Challenging the Street Gang Act

Effective July 2006, the Street Gang Act was amended to delete the requirement of showing a pattern of offenses.  We are looking at a challenge to the Act under several bases and want input from any of you in the field who have had kids charged under its provisions.  Please contact me at 404.232.8900 or Jrodgers@gpdsc.org if you have handled one of these cases.

Jimmonique R.S. Rodgers
Juvenile Appeals Attorney, GPDSC


Child Clients are Different:  Best Practices for Representing Unaccompanied Minors
Teleconference and Live Audio Webcast
(Complimentary tuition for first 300 registrants)
1:00—2:30 p.m. EST March 6

Sponsored by The American Bar Association Children’s Rights Litigation Committee of the Section of Litigation and the ABA Center for Continuing Legal Education
For more information or to register, please visit http://www.abanet.org/cle/programs/t07ccd1.html

Approximately 8,000 children come to the United States each year without parents or family after fleeing their home countries due to the violence they witness or experience. Many have suffered persecution because of their gender, religion, or political opinions.

These children must face a government lawyer in an adversarial immigration hearing before a judge, though they may not even speak English. Their attorneys are their only assistants.

This expert panel will discuss the challenges inherent in the representation of unaccompanied children in these unique proceedings. Topics include:

  • Cross-cultural and language issues when interviewing children and preparing them to testify
  • Difficulties in obtaining corroborating evidence
  • How to use experts
  • Best trial practices

Faculty:
Anne Chandler, University of Houston Law Center - Immigration Clinic, Houston, TX
Brigette De Lay, Consultant on International Child Protection Issues, Evanston, IL
Vanessa Melendez Lucas, Children and Family Justice Center, Evanston, IL
Christopher Nugent, Senior Counsel, Holland & Knight – Community Services Team, Washington, D.C.
Anne Wideman, Lutheran Immigrant and Refugee Services, Baltimore, MD


New Poll Released Today: Public Strongly Favors Rehabilitation, Rejects Placing Youth in Adult Jails, Prisons

Today, the National Council on Crime & Delinquency (NCCD) released a new poll that shows the public strongly favors rehabilitation for youth and rejects placing youth in adult jails and prisons. 

The poll, conducted by Zogby International and commissioned by NCCD, shows that the public overwhelmingly supports rehabilitation and treatment for young people in trouble, not prosecution in the adult court or incarceration in adult jails or prisons. US voters are concerned about youth crime and clearly express their willingness to fund services to reduce crime. NCCD is the oldest criminal justice research organization in the U.S.

Major findings from the survey of likely voters include:

  • 9 out of 10 people polled believe that rehabilitation and treatment for incarcerated youth can help prevent future crime, and 8 out of 10 thought spending money on rehabilitative services and treatment for youth will save money in the long run.
  • 7 out of 10 of those polled felt that putting young people (under age 18) in an adult correctional facility will make them more likely to commit future crime. More than two-thirds (68 percent) disagreed that incarcerating youth in adult facilities “teaches them a lesson and deters them from committing future crimes.”
  • By more than a 15 to 1 margin (92 percent to 6 percent), those polled believe that the decision to transfer youth to adult court should be made on a case-by-case basis. Thousands of young people end up automatically transferred to the adult system, either by a prosecutor, because of the crime, or because in their state, young people are automatically considered adults by courts.

Just as the Bush administration is announcing its drastic budget cuts to federal juvenile justice efforts including the elimination of funding for the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention, the US voting public, across all demographic categories, is expressing overwhelming support of prevention and rehabilitation for youth. Voters are also overwhelmingly against blanket policies for trying youth in adult criminal courts and sentencing them to time in adult jails and prisons. Their interest is in a more effective juvenile system, one that holds kids accountable and gives them the help they need.

While young people tried and sentenced in the adult court will receive an adult record, and can lose access to student financial aid, and their right to vote because of an adult conviction, the poll showed that 66 percent of those polled said it was “unacceptable” that a criminal conviction should negatively affect a youth’s future opportunities for jobs and education.   

The survey was conducted in January, 2007, using a national sample of likely voters and utilizing methodology approved by the American Association for Public Opinion Research. Likely voters were polled on their views on whether prosecuting youth in adult court and placing youth in adult jails and prisons were effective ways to deter crime, and on their views on other public safety approaches. The poll comes as a number of states, including Illinois, Connecticut, North Carolina, and Wisconsin are considering proposals to reduce the number of youth automatically tried as adults.

The poll is available online here PDF

http://www.nccd-crc.org/


Juvenile Confidentiality
Lourdes Rosado, Juvenile Law Center

I recommend to folks who are trying to fight back broad
information-sharing in their states that they use the new
OJJDP publication "Guidelines for Juvenile Information Sharing" as an advocacy tool.  NJDC previously sent out an announcement about the guidelines, but in case you missed it the link is [here].

On its face it may not seem that this publication is a useful tool because  it promotes information sharing.  But when I read it, I was pleasantly surprised to see that chapter two contains a number of guidelines on necessary safeguards that must be included in any information-sharing scheme.  None of the prospective information-sharing bills that we've seen introduced here in Pennsylvania, for example, have
even come close to including all the safeguards called for in the OJJDP manual.  So going forward, we are going to use the guidelines as a checklist to critique proposed legislation, arguing that any information-sharing plan has to at least meet OJJDP's best practice standards. 

Hope this is helpful.

Lourdes Rosado
Juvenile Law Center 


Racism of the Juvenile Justice System Revealed

New America Media, News Report, Nell Bernstein, Posted: Jan 15, 2007

Editor's Note: A new report on the nation's juvenile justice system reveals chronic racial disparities. By Nell Bernstein, with additional reporting by Perry Jones. Nell Bernstein is an editor at New America Media and author of "All Alone in the World: Children of the Incarcerated" (New Press, 2005). "And Justice for Somel" can be viewed at http://www.nccd-crc.org.


Anyone who has set foot inside a juvenile detention facility in America has seen it first hand: a sea of black and brown faces, dressed in orange or blue jumpsuits, with only a scattering of whites in between. Youth of color make up 35% of the American population but 62% of youth in juvenile detention. African -American youth, who comprise just 16% of the general population, make up 38% percent those doing time in local and state correctional facilities.

But a new report released today by the National Council on Crime and Delinquency (NCCD) challenges the assumption that black and brown children are overrepresented in the juvenile justice system simply because they commit more crime.

"And Justice for Some: Differential Treatment of Youth of Color in the Justice System," describes in painstaking detail why, in far greater proportion than whites, youths of color enter the criminal justice system. NCCD researchers found differential treatment at every step of the criminal justice process. For instance, youths of color are more likely to be picked up and detained by police.

Among the finding from the NCCD report:

• African-American youths are 4.5 times more likely, and Latinos 2.3 times more likely, than white youths to be detained for identical offenses.

• About half of white teenagers arrested on a drug charge go home without being formally charged and drawn into the system. Only a quarter of black teens arrested on drug charges catch a similar break.

• When charges are filed, white youths are more likely to be placed on probation while black youth are more likely to get locked up.

Link to full article >>
Link to report >>


Parent Attorney Seminar January 26 in Decatur - register now


The Southern Juvenile Defender Center is sponsoring a Juvenile Defender training in February in Birmingham, Alabama. Although it’s called the Alabama Juvenile Defender Training, the training will cover general juvenile defense, so it should be helpful for lawyers from other states. flyer and registration form


New report released at national conference to reduce pretrial juvenile detention, help cut costs and promote public safety

The Dangers of Detention: The Impact of Incarcerating Youth in Detention and Other Secure Facilities, a new report by the Justice Policy Institute, shows that rather than promoting public safety, detention — the pretrial “jailing” of youth not yet found delinquent — may contribute to future offenses.  Studies from around the country show that incarcerated youth have higher recidivism rates than youth supervised in other kinds of settings.

To download the full report, please visit: the Justice Policy Institute website.

 


Incarcerating youth can aggravate crime and frustrate education, employment and health for young people
New report released at national conference to reduce pretrial juvenile detention, help cut costs and promote public safety  

NEW ORLEANS — Inappropriately incarcerating youth in secure detention centers across the country can contribute to their future delinquent behavior and harm their education, employment and health, according to a new policy brief to be released on Nov. 28 at a major national conference promoting alternatives to detention.

The Dangers of Detention: The Impact of Incarcerating Youth in Detention and Other Secure Facilities shows that rather than promoting public safety, detention — the pretrial “jailing” of youth not yet found delinquent — may contribute to future offenses.  Studies from around the country show that incarcerated youth have higher recidivism rates than youth supervised in other kinds of settings.

A study conducted by the Wisconsin legislature found that “placement in secure detention…does not deter most juveniles,” and that in the four counties studied, 70 percent of the youth held in secure detention were arrested or returned to detention within one year of release. Another study on youth sent to a detention diversion program in San Francisco found that youth diverted from detention had half the recidivism rate of young people who remained in detention or in the juvenile justice system. Studies in Florida that controlled for the severity of young people’s offenses showed that detained youth are more likely to receive formal judicial intervention and be committed to state care than their peers who committed similar offenses but were not detained.

Detention is widely misapplied, according to the report by the Justice Policy Institute, a Washington, D.C.-based group that studies adult and juvenile justice policies. Although detention facilities are meant to temporarily house those youth who are likely to re-offend before their trial or who are unlikely to appear for their court date, many of the youth in this country’s 769 detention centers do not meet these criteria. Seventy percent of youth in detention are held for nonviolent charges.  More than two-thirds are charged with property offenses, public order offenses, technical probation violations, or status offenses (like running away or breaking curfew).  Youth of color are impacted disproportionately by the overuse of detention. In 2003, African-American youth were detained at a rate 4.5 times higher than whites; and Latino youth were detained at twice the rate of whites.  In the same year, black youth were four times more likely to be incarcerated in Louisiana than whites and received longer dispositions than white youth even though there was little difference in the severity of offenses committed or in prior offense histories. 

 “Not only does inappropriately detaining youth cost taxpayers millions of dollars a year, but the overuse of detention generally does not make our communities any safer,” said Bart Lubow, head of JDAI (Juvenile Detention Alternatives Initiative), a project of the Annie E. Casey Foundation that works to build better futures for disadvantaged children and their families. “Across the country, jurisdictions are looking for more effective policies and practices to promote community safety and better outcomes for youth. JDAI sites have reduced adolescent detention, strengthened juvenile justice systems and saved money -- all without compromising public safety. Detention reform is a catalyst for system-wide change that is working to build better futures for communities and youth.”

The recent recipient of the prestigious National Council on Crime and Delinquency’s Katie Nichols Award for meaningful achievements in improving juvenile justice systems and empowering communities across the country, Casey’s JDAI has proven that simple changes can result in reduced detention populations and money saved, while maintaining public safety. JDAI uses objective admissions criteria to replace subjective decisions that inappropriately place low-risk youth in custody. Core reform strategies include: collecting standardized data on the detained population to help officials monitor problems and develop solutions; establishing objective screening instruments to ensure that only high-risk youth are detained; and expanding effective alternatives that provide youth with the supervision and services they need.    

JDAI reforms are transforming juvenile justice systems across the country. The average daily populations in Multnomah (Portland, Ore.) and Santa Cruz (Calif.) counties have been reduced by 65 percent, and New Jersey’s rates have fallen by 41 percent since the introduction of JDAI.  By multiple measures, JDAI improved public safety in its model sites.  As juvenile detention populations fell in Cook (Chicago, Ill.), Multnomah, Santa Cruz, and Bernalillo (N.M.) counties, juvenile arrests fell between 37 percent and 54 percent—similar to or larger than those decreases experienced in the rest of the country.  JDAI sites have made progress reducing the disproportionate use of secure detention for youth of color.  Santa Cruz, for example, opened a neighborhood evening center for high-risk Latino youth and reduced its average minority population in juvenile hall from 64 percent to 47 percent. 

Reducing the use of costly detention beds is saving tax dollars.  Cook County, Ill. will save approximately $240 million over 20 years by avoiding construction of a detention center, and Multnomah County will redeploy more than $12 million over a six-year period.

New Orleans has been selected as a JDAI site and is hosting the 2006 JDAI National Inter-Site Conference held Nov. 28-30. The conference will convene practitioners from throughout the country to share successes, skills, innovations and challenges in reducing detention.  With reform efforts underway in approximately 75 jurisdictions in 19 states and the District of Columbia, JDAI will be operational in those places responsible for almost 75 percent of the country’s detained population by the end of 2006.


Ferris Bueller's day is history for today's kids
Laws, limits reflect changes in thinking about teen years

By Martha T. Moore
USA TODAY  October 27, 2006

Suppose Ferris Bueller wanted to take a day off now.

In a 1986 movie, the hooky-playing high schooler tricked his parents into believing he was sick, then went out for a fun day of driving around Chicago in a Ferrari with his buddy and his girlfriend. That was Ferris Bueller's Day Off then.

It's a new day for Ferris and his under-18 friends.

Cities are passing daytime curfew laws, so Ferris would be nabbed by the cops for being on the street during school hours.

He wouldn't be able to drive his two friends in that Ferrari, thanks to laws restricting minors to provisional driver's licenses. Until Ferris gets an unrestricted license, most states forbid him having more than one teenage passenger.

What's more, Mr. and Mrs. Bueller would know that Ferris wasn't home because they'd have given him a cellphone with a global-positioning device that could pinpoint his whereabouts on a map displayed on the parents' phones.

And remember how Ferris hacked into the school computer to alter his attendance record? His parents could be watching him type with software that lets them monitor the home PC from their desks at work.

Technology and laws are combining in a reversal of attitudes toward teens a generation ago.

“We're all Jewish mothers now. In fact, we're much worse. My Jewish mother would let me out at 7 a.m. and say, ‘Come back in time for dinner,' ” says Steven Mintz, a University of Houston history professor and author of Huck's Raft: A History of American Childhood.

Views have changed.

Link to full article>>


The MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice has five briefs available for dowload:

Issue Brief #1: Adolescent Legal Competence in Court [download]

Issue Brief #2: Creating Turning Points for Serious Adolescent Offenders: Research in Pathways to Desistance [download]

Issue Brief #3: Less Guilty by Reason of Adolescence [download]

Issue Brief #4: Assessing Juvenile Psychopathy: Developmental and Legal Implications [download]

Issue Brief #5: The Changing Borders of Juvenile Justice: Transfer of Adolescents to the Adult Criminal Court [download]


Ninth Circuit Dissent Criticizes Automatic Transfer of Youth

On October 2, 2006, the Ninth Circuit Court of Appeals filed its decision in Mendez-Alcaraz v. Gonzalez. While the holding by the majority is disappointing, the dissent by Justice Ferguson is an amazing critique of direct file and the automatic transfer of youth into the adult system without a judicial hearing. Justice Ferguson cites a number of sources including Kent v. U.S., Roper v. Simmons, In re Gault and a plethora of developmental research to support his argument that “[b]oth the law and the scientific literature agree that when it comes to crime, juveniles are different” and that [f]undamental fairness and the tenets of juvenile justice require this decision [to be transferred] be made not by a prosecutor with an interest in the case, but by an impartial judge in considering the interests of both society and the child.”

The decision is available on line here. (Note - This link will open a .pdf document)


 

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