Kids are Different

Kids are Different

Kids are Different WHY THE TEENAGE BRAIN MATTERS IN THE JUSTICE SYSTEM The Juvenile Justice System children = adults Early 1800s The Illinois Juvenile Court Act of 1899 Within 25 years nationwide reform The child who must be brought into court should, of course, be made to know that he is face to face with the power of the state, but he should at the same time, and more emphatically, be made to feel that he is the object of its care and solicitude.

JILIAN MACK, THE JUVENILE COURT, HARVARD LAW REVIEW, VOL. 23 (1909) 120. Rooted in Social Welfare Children in Need of Supervision Houses of Refuge Broad court discretion Civil in nature = less procedural protections Introduction of Due Process U.S. Supreme Court

Protections Haley v. Ohio (1948) Due Process at Interrogation Kent v. United States(1966) Due Process at Transfer In re Gault (1967)

In re Winship (1970) Due Process during Delinquency Proceedings Due Process in Standard of Proof The Rise and Fall of the Super-Predator The Myth The Truth Mid-1990s theory The predictions failed

Wave of serious young offenders Juvenile crime has decreased Corresponding decrease in juvenile incarceration No negative impact to public safety Lacking in conscience Unresponsive

Irredeemable Increase in punitive measures in juvenile court Recent Supreme Court Precedent Roper v. Simmons JDB v. North Carolina Graham v. Florida Miller v. Alabama

Montgomery v. Louisiana Abolished the death penalty for juvenile offenders Created the reasonable child standard for determining custodial interrogation Abolished LWOP sentences for nonhomicide offenses for youth Prohibited mandatory LWOP for youth with homicide offenses

Found Miller to be a substantive determination The Why HTTPS://WWW.YOUTUBE. COM/WATCH?V= KAM8DG DY6GS The Why Immature Peer Pressure Potential A lack of maturity and underdeveloped sense of responsibility are found in youth more than in adults and are more understandable in that population. Juveniles are more susceptible

to negative influences and outside pressures, including peer pressure. Diminished decision-making capacity More likely to make bad decisions in groups The character of the juvenile is not as well formed as that of an adult; therefore, a greater possibility exists that a minors deficiencies will be reformed. Less risk averse Less able to manage their impulses Less able to think towards future orientation focus on short term reward over long term risk More likely to take risks with friends More impulsive with friends

Responsive to treatment/intervention Natural crime-curve Children cannot be viewed simply as miniature adults. -U.S.S.C., J.D.B. V. NORTH CAROLINA J.D.B. v. North Carolina Reasonable person standard Custody = Totality of the circumstances

Does a reasonable person feel as though they are free to leave/terminate questioning? Reasonable child standard Custody = Totality of the circumstances Does a reasonable child feel as though they are free to leave/terminate questioning? J.D.B. v. North Carolina A childs age is more than a chronological fact. It is a fact that generates commonsense conclusions about behavior and perception. Such conclusions apply broadly to children as a class. And, they are selfevident to anyone who was once a child himself, including any police officer or judge.

J.D.B. v. North Carolina Age informs perception Children lack the capacity to exercise mature judgment; and, possess only an incomplete ability to understand the world around them No matter how sophisticated, a child cannot be compared to an adult These findings appear to all children as a whole The implications extend beyond the moment of determining custodial interrogation Resources

Haley v. Ohio, 332 U.S. 596 (1948) Kent v. United States, 383 U.S. 541 (1966) In re Gault, 387 U.S. 1 (1967) In re Winship, 397 U.S. 358 (1970) Roper v. Simmons, 543 U.S. 551 (2005) Graham v. Florida, 560 U.S. 48 (2010)

JDB v. North Carolina, 564 U.S. 261 (2011) Miller v. Alabama, 567 U.S. 460 (2012) Vera Institute of Justice: https://www.vera.org/blog/juvenile-justice-systemsstill-grappling-with-legacy-of-the-superpredator-my th Equal Justice Initiative, The Super-predator Myth, 20 Years Later https://eji.org/news/superpredator-myth-20-years-l ater MST Services JJ Reform:

http://info.mstservices.com/blog/trends-in-juvenilecrime Justice Policy Institute, Juvenile Incarceration Rate Has Dropped in Half. Is Trend Sustainable? http://www.justicepolicy.org/news/9854 Christian Science Monitor, Why Juvenile Incarceration Reached its Lowest Rate in 38 Years https://www.csmonitor.com/USA/Justice/2013/0227/ Why-juvenile-incarceration-reached-its-lowest-rate- Montgomery v. Louisiana, 136 S.Ct. 718 (2016) Questions? Brooke M Burns [email protected] www.opd.ohio.gov 614.466.5394

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