Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
Right to a fair trial wikipedia , lookup
Criminalization wikipedia , lookup
Juvenile delinquency in the United States wikipedia , lookup
Juvenile delinquency wikipedia , lookup
Criminal justice system of the Netherlands wikipedia , lookup
Youth detention center wikipedia , lookup
Trial as an adult wikipedia , lookup
The Journal of The James Madison Institute No Place for a Child: Children in the Adult Criminal Justice System by Deborah Brodsky M ore than 100 years ago our U.S. juvenile justice system was established, with the first court created in Chicago, precisely because it was recognized that kids are fundamentally different than adults, and therefore were afforded distinct legal status. Because of the perceived differences, rehabilitation became the intended central focus and approach to children interacting with the justice system. More recently, advancements in neuroscience and developmental psychology have continued to underscore the differences between children and adults in terms of brain development.1 However, throughout the years, the nation shifted decidedly toward punitive approaches in an overzealous quest to stem crime. Among the Spring 2015 harshest — and most counterproductive — of these approaches has been states’ adoption of legislation that allows children to be prosecuted and tried as adults. Once in adult court, children are subject to the same sanctions as adults, including adult prison, adult probation and adult jail. Moreover, they are commonly excluded from the rehabilitative programs that are available to youth in the juvenile justice system. Florida prosecutes more children as adults than any other state in the nation. Prosecuting children as adults has failed as an effective public policy. Instead of reducing crime, prosecuting a child as an adult produces crime by making youth more likely to commit crimes in the future. Laws that enable chil[61] The Journal of The James Madison Institute dren to be prosecuted and punished as adults harm thousands of youth and their families each year, create economic burdens on the State, and make our communities less safe and less secure. The Myth of the Juvenile Superpredator In the 1990s, a couple of wellplaced social scientists actively promoted the myth that the United States would soon face a growing, imaginary army of youth described as “superpredators.”2 This flawed theory about juvenile crime emerged based upon erroneous projections of the growth in the juvenile population and its potential impact on crime.3 This “new breed” of youth criminals was expected to be so violent and so remorseless that they would wreak unspeakable havoc upon society. Although these predictions unleashed a groundswell of media promotion and public panic they, thankfully, never came true. In fact, the very criminologists responsible for these faulty assertions have since recanted their predictions.4 However, before this myth could be thoroughly debunked, the damage had been inflicted. In a matter of years, the nation funneled its unfounded panic deep into public policies and practices based upon fear and not upon what works. Policy makers across the country either dug in their heels or turned increasingly to harsher, more punitive sanctions. In particular, almost every state passed laws that made it easier to try juveniles in adult criminal courts [62] through juvenile transfer laws.5 And like a snowball rolling downhill, these policies have been propelled by inertia and gravity, dragging thousands of youth unnecessarily more deeply into the adult criminal justice system when all the while a more effective alternative has existed: the juvenile justice system. Florida was no exception. Florida’s Juvenile Transfer Laws Even in a national context of increasingly punitive sanctions toward court-involved youth, Florida stands out as an exceptional case. Florida was a “dug in its heels” state, having responded earlier than many states by putting in place a statute in 1978 that has effectively allowed prosecutors the sole discretion to send children directly into the adult court system. Florida’s “direct file” statute allows youth as young as 146,7 to be sentenced to adult sanctions, including probation, jail and prisons with no judicial review or approval.8 Florida also leads the nation in transferring youth to adult court.9 Over the past five years, more than 10,000 youth have been tried as adults in Florida, 98 percent of whom have been sent into the adult system via direct file.10 On its face, deploying such punitive approaches might be defended as an effective public safety strategy; that is, if it worked. But it doesn’t work. The Ineffectiveness of Youth Transfer Transferring youth to adult court has not been proved to deter crime, Spring 2015 The Journal of The James Madison Institute and in fact, makes the young offendchildren to be prosecuted as adults er more violent.11 Youth sent to the insist, despite the facts, that children adult criminal justice system transferred to the adult court system were 34 percent more likely to be are the “worst of the worst.” In fact, rearrested for felonies than youth because the decision to prosecute who had been retained in the a child as an adult, in 98 percent 12 juvenile justice system. Juvenile of cases, is made unilaterally by a offenders, because of immaturity state attorney who works within a and developmental single judicial circuit, differences, are already where a child lives has “Over the past five less likely than adults much more to do with to think about the the outcome than what years, more than consequences of their he or she has done to 10,000 youth have actions—and almost determine whether certainly do not considhe or she will be tried been tried as adults er the details of Florida as an adult. A child in Florida, law. prosecuted as an adult Of those youth who might have been treated 98 percent of do not reoffend, they very differently had he whom have been still face a difficult or she lived on the other road, including lifetime side of a county line. sent into the Moreover, in each of barriers to employment, adult system education, housing and the past five years, the even driving privileges. majority of the children via direct file.” Adult convictions carry transferred to adult the same collateral court were charged with non-violent offenses. Between 2008 consequences that they would for someone over the age of 18.13 Once and 2013, burglary accounted for convicted as an adult felon, a youth the single largest number of cases may find it difficult to find a job, of youth transferred to adult court, and may be barred from educamaking up almost a third of all tional financial aid for postsecondary cases.15 Property felonies in general 14 education. With rare exception, the made up almost 40 percent of all vast majority of youth will return to cases transferred.16 our communities. It is in the public In a 2014 report titled, “Branded for Life, Florida’s Prosecution interest to ensure all justice-involved youth are engaged in rehabilitative of Children As Adults Under Its ‘Direct File’ Statute,” Human Rights strategies proven to reduce the real human and economic costs of future Watch documented such cases like crime. Oliver, who was 16 when he stole two laptops, a BlackBerry, a PalmPiThe Worst of the Worst? lot and $8 in cash from an empty office at his high school; or Matthew, Proponents of policies that allow Spring 2015 [63] The Journal of The James Madison Institute 17, who removed a printer from a screen porch and then left it by the side of the house.17 Both of these youth experienced the confusing and arbitrary nature of the process of direct file adult court jurisdiction. They have also received adult felony convictions, and perhaps other detrimental scars from their exposure to the adult criminal courts, including adult jail time. On any given day, one can imagine youth accused of similar offenses are instead handled in the juvenile justice system. Analysis from Human Rights Watch also reveals that direct file is not reserved for those who are deemed to be the highest risk for reoffending according to the Florida Department of Juvenile Justice’s risk assessment tool.18 In the five years of data that Human Rights Watch examined, nearly two of every five youths directly charged in adult court were categorized as low- or moderate-risk to reoffend.19 In fact, in some judicial circuits, low-risk youth were transferred at a higher rate than high-risk offenders.20 two youth accused of the same crime could have vastly different outcomes merely based on the circuit in which they were prosecuted. Defense attorneys have compared the process to a “football game with no referee.”23 Because Florida’s Direct File statute gives the prosecutor the sole discretion to decide whether to try the case in adult court,24 the odds are often stacked against the juvenile defendant from the start. Assigned this unfettered authority, prosecutorial sole discretion can also result in an erosion of the important checks and balances in the adversarial criminal justice process. Though the pressure to plea is present for both adults and children in the U.S. criminal justice system,25 the threat of adult sanctions, which can involve mandatory minimum sentencing schemes, often forces youth to take an unfavorable plea deal, even if the evidence against them is not solid. Much of what we assume occurs across this disjointed framework comes from observations and limited trend data. Unchecked Government Discretion Results in Disparities and Erodes Adversarial Process Each of Florida’s 20 state attorneys’ offices, representing Florida’s 20 judicial circuits, are free to determine their own criteria and practices for making direct file determinations, and the practices vary widely.21 In fact, research by Human Rights Watch found that no two circuits were the same.22 This means that The Deficiencies of the Adult System for Youth A child charged as an adult in Florida is treated as an adult for all purposes — including detention in adult jails while awaiting trial.26 This means that even if the youth is later acquitted of the charge, they have been exposed to the dangers of the adult criminal justice environment and denied access to developmentally appropriate features of the juvenile [64] Spring 2015 The Journal of The James Madison Institute justice system like education.27 There is voluminous evidence of effective specialized strategies for reducing youth recidivism including individual counseling, interpersonal skills training, and mental health treatment, as well as family therapy. These types of programs are a key part of the juvenile justice system, but are missing from the adult criminal justice system. What Florida Can Do As an ongoing challenge, it is a public safety imperative to increase public awareness on the evidence of what works for handling youth. While the number of juvenile transfers to the adult system has decreased 50 percent over the past five years, the overall juvenile crime rate has declined as well.28 In FY 2013-2014, Florida still sent more than 1,300 youth into the adult criminal court system. To encourage continuing declines, there are also important policy changes to consider going forward: £Delete s. 985.557, Florida Statutes, (the direct file statute) and instead rely on the existing judicial waiver statute, s. 985.556, which still ensures the authority of a judge, after an adversarial hearing, to make the decision regarding whether to try a youth in adult court. £Stop pretrial confinement of youth in adult jails and allow all youth awaiting trial, even if charged as an adult, to remain in the custody of the Department of Juvenile Justice. £Review the offenses that would make a youth eligible for transfer Spring 2015 to adult court. Limit qualifying offenses to those who are violent, or for repeat offenders. £Prohibit mandatory minimums from applying to youth who have been charged as adults. £Capture, measure and review all data related to sending youth to the adult criminal court. In the current framework, very little is actually known about precisely who, how and why children are transferred to the adult system. A deliberate effort to collect more standardized data across Florida’s 20 Judicial Circuits at this key decision making point would be a step toward better policymaking. Florida must continue, as much as possible, to structure policies and practices that recognize the fundamental developmental challenges — and opportunities — of youth involved in crime and delinquency. From a purely pragmatic perspective, we know what works to rehabilitate court-involved youth. Few of the effective interventions that characterize the juvenile justice system are available for children in the adult criminal justice system. Public safety is not enhanced, but is only compromised when we put a child in a system that increases his or her likelihood of reoffending. e Deborah Brodsky is Director of The Florida State University Project on Accountable Justice. 1 ENDNOTES For a more thorough discussion, see the MacArthur Foundation Research Network on Adolescent [65] The Journal of The James Madison Institute Development and Juvenile Justice, at www.adjj. org/content/about_us.php. 2 See Haberman, Clyde, “When Youth Violence Spurred Superpredator Fear.,” New York Times, April 2014, accessed at www.nytimes. com/2014/04/07/us/politics/killing-on-busrecalls-superpredator-threat-of-90s.html?_r=0 on February 23, 2015. 3 Office of Juvenile Justice and Delinquency Prevention, National Center for Juvenile Justice, “Juvenile Arrest Rates by Offense, Sex, and Race (1980-2010)”, accessed at www.ojjdp.gov/ ojstatbb/crime/excel/jar_2010.xls on February 23, 2015. 4 See Becker, Elizabeth, “As Ex-Theorist on Young ‘Superpredators’, Bush Aide Has Regrets,” New York Times, February 9, 2001, accessed at www. nytimes.com/2001/02/09/us/as-ex-theorist-onyoung-superpredators-bush-aide-has-regrets. html, on February 23, 2015. 5 Redding, Richard, “Juvenile Transfer Laws: An Effective Deterrent to Delinquency?” Office of Juvenile Justice and Delinquency Prevention, 2010), accessed at www.ncjrs.gov/pdffiles1/ ojjdp/220595.pdf. 6 14-year-olds in Florida can be charged as adults for arson; sexual battery; robbery; kidnapping; aggravated child abuse; aggravated assault; aggravated stalking; murder; manslaughter; unlawful throwing, placing, or discharging of a destructive device or bomb; armed burglary and related offenses; aggravated battery; any lewd or lascivious offense committed upon or in the presence of a person less than 16 years of age; carrying, displaying, using, threatening, or attempting to use a weapon or firearm during the commission of a felony; grand theft; possessing or discharging any weapon or firearm on school property; home invasion robbery; carjacking; and grand theft of a motor vehicle, see: s. 985.557, Florida Statutes. 7 Youth of any age can be indicted for a capital felony under Florida law, see s.985.56, Florida Statutes. 8 Florida law already provides a mechanism for judges to decide which cases go to adult court, however, direct file circumvents judicial review or oversight of the process, see ss. 985.556 and 985.557, Florida Statutes. 9 In a number of states, someone is considered an “adult” for criminal purposes at age 17. When these states are not considered, Florida transfers more youth than any other state. 10 Human Rights Watch, “Branded for Life, Florida’s Prosecution of Children As Adults Under Its ‘Direct File’ Statute” April 2014, accessed at www.hrw.org/sites/default/files/ reports/us0414_ForUpload%202.pdf on February 23, 2015. 11 See: Centers for Disease Control, “Effects on [66] Violence of Laws and Policies Facilitating the Transfer of Youth From the Juvenile to the Adult Criminal Justice System” 2007, accessed at www.cdc.gov/mmwr/PDF/rr/rr5609.pdf; and Redding, Richard, “Juvenile Transfer Laws: An Effective Deterrent to Delinquency?”, 2010, accessed at www.ncjrs.gov/pdffiles1/ ojjdp/220595.pdf. Id. See Legal Action Center, “After Prison; Roadblocks to Reentry; A Report On State Legal Barriers Facing People With Criminal Records,” 2004. 14 Patricia Allard and Malcom Young, Prosecuting Juveniles in Adult Court: Perspectives for Policymakers and Practitioners, 2002. 15 Human Rights Watch “Branded for Life, Florida’s Prosecution of Children As Adults Under Its ‘Direct File’ Statute.” April 2014, accessed at www.hrw.org/sites/default/files/reports/us0414_ ForUpload%202.pdf. 16 Id. 17 Id. 18 Id. See Also The Florida Department of Juvenile Justice “Positive Achievement Tool,” www.djj. state.fl.us/dpcs/partners-providers-staff/cpactpre-screen-assessment.pdf?sfvrsn=10 (accessed January 20, 2015). 19 Id. 20 The 1st, 3rd, 4th, 15th, 17th, and 18th circuits all transferred more low-risk youth than high-risk youth via direct file between 2008 and 2013. See Human Rights Watch “Branded for Life; Florida’s Prosecution of Children as Adults Under Its ‘Direct File’ Statute,” at p 28, Figure 3. 21 Human Rights Watch “Branded for Life, Florida’s Prosecution of Children As Adults Under Its “Direct File” Statute.” April 2014, accessed at www.hrw.org/sites/default/files/reports/us0414_ ForUpload%202.pdf. 22 Id. 23 Id. 24 s.985.557, Florida Statutes. 25 Human Rights Watch, An Offer You Can’t Refuse: How US Federal Prosecutors Force Drug Defendants to Please Guilty, December 5, 2013. 26 S.985.557, Florida Statutes. 27 Human Rights Watch, Branded For Life, April 2014. 28 In Florida, Juvenile crime has decreased 40 percent, while transfers to adult court have decreased 50 percent. Still, in 2013-14, 1300 youth were sent to the adult court system — the highest number by any state in the nation. See: 2013-14 Florida Department of Juvenile Justice Delinquency Profile at www.djj.state.fl.us/ research/delinquency-data/delinquency-profiledashboard and “Jurisdictional Boundaries: Transfer Trends,” Juvenile Justice Geography, Policy, Practice, and Statistics, at www.jjgps.org/ jurisdictional-boundaries. 12 13 Spring 2015