Kids & The Juvenile Court
Juvenile Justice: Law, Policy and Opportunities to Reform Law Review SymposiumOctober 11, 2013Kimberly P. Jordan
Kids in Juvenile Court
• Stats• History of Juvenile Court• Gault – 1st Game Changer
Roper, Graham, Miller
• 8th Amendment• Excessive bail shall not be required,
nor excessive fines imposed, nor cruel and unusual punishments inflicted
• Proportionality
Youth Matters!
Roper v. Simmons, 125 S.Ct. 1183 (2005)
• today our society views juveniles….as “categorically less culpable than the average criminal”
• Not “the worst of the worst”
•As any parent knows….
•Vulnerability
•Personality
Adolescent Development by Dr. Davis
Graham v. Florida,130 S.Ct. 2011 (2010)
• “developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds”
a juvenile offender who did not kill or intend to kill has a twice diminished moral culpability
Progeny of Graham
• No Retributive Justice for Juveniles?• More Treatment, Less Punishment?• No LWP in Our Future?
• Challenges for States• Retroactivity• New Sentencing
Miller v. Alabama, 132. S.Ct. 2455 (2012)
• Roper and Graham establish that children are constitutionally different from adults for sentencing purposes
Brain Development by Dr. Davis
JDB v. North Carolina,131 S.Ct. 2394 (2011)
• Kids under arrest
• “a reasonable child subject to police questioning will sometimes feel pressured to submit when a reasonable adult would feel free to go”
• Child’s age “more than a chronological fact”
Going Forward
• Non Serious Offender
• Keep Status Offenders out of Court
• More Use of Diversionary Programs for Misdemeanors
• Implement Behavioral Supports in Schools to Reduce School Based Referrals
Serious Offenders
Individualized Sentencing
Improved conditions of confinement
Reduce harsh sentences
Going Forward
• All Juvenile Offenders
• No Waiver of Counsel• Improve Interrogation Rules for Juveniles• Improve Collaboration Across Systems• Developmental Sentencing
Questions?