JUVENILE JUSTICE If a teen commits a crime

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JUVENILE JUSTICE

JUVENILE JUSTICE

If a teen commits a crime, would justice be served if he/she were punished

If a teen commits a crime, would justice be served if he/she were punished like an adult who commits the same crime?

AGREE OR DISAGREE § Life experience, family life, and upbringing influence juveniles. § Teenagers

AGREE OR DISAGREE § Life experience, family life, and upbringing influence juveniles. § Teenagers and adults have the same ability to understand their actions. § Teenagers under 18 should never be tried as an adult even for serious crimes. § Juvenile arrest rates for violent crimes are at an all-time high.

§ CHILD OR ADULT? CENTURY LONG VIEW In 18 century America, juveniles as young

§ CHILD OR ADULT? CENTURY LONG VIEW In 18 century America, juveniles as young as seven could be tried and sentenced in th criminal courts § In 1825, the Society for the Prevention of Juvenile Delinquency founded the first institution deigned to accommodate juvenile delinquents in New York. § 1899 - the first juvenile court was established in Cook County, Illinois. § 1925 – 48 states had established a juvenile court system § 1970’s Supreme Court ruled that juveniles must be afforded due process including formal hearings, protection from self-incrimination, notice of charges, counsel, and crossexamination of witnesses, and “proof beyond a reasonable doubt. ” § 1974 - Congress passed the Juvenile Justice and Delinquency Act which requires the separation of juvenile offenders from adult offenders. § 1980 - An amendment was added mandating that juveniles not be placed in adult jails (with few exceptions) § 1990 s- With an increase in juvenile crime almost every state passed laws making it easier to try juveniles in adult criminal courts

Prior to 2012 § Juveniles received a MANDATORY sentence of life in prison for

Prior to 2012 § Juveniles received a MANDATORY sentence of life in prison for the first offense of murder with eligibility for parole after 25 years. § Individual circumstance of the juvenile and case were not taken into consideration. § Second Offense - For any of the “ 7 Deadly sins” – Mandatory LIFE without the possibility of parole Prior to 2005 § Juveniles could receive the death penalty § 72 juveniles on death row were under 18 when they committed the crime they were accused of.

Between 1976 and 2005, 22 defendants were executed for crimes committed as juveniles.

Between 1976 and 2005, 22 defendants were executed for crimes committed as juveniles.

JUVENILES EXECUTED IN THE UNITED STATES IN THE MODERN ERA (Since January 1, 1973)

JUVENILES EXECUTED IN THE UNITED STATES IN THE MODERN ERA (Since January 1, 1973) Name Date of Execution Place of Execution Race Age at Crime Age at Execution Charles Rumbaugh 9/11/85 Texas White 17 28 J. Terry Roach Jay Pinkerton Dalton Prejean Johnny Garrett Curtis Harris 1/10/86 5/15/86 5/18/90 2/11/92 7/1/93 South Carolina Texas Louisiana Texas White Black 17 17 17 25 24 30 28 31 Frederick Lashley 7/28/93 Missouri Black 17 29 Ruben Cantu Chris Burger Joseph Cannon Robert Carter 8/24/93 12/7/93 4/22/98 5/18/98 Texas Georgia Texas Latino White Black 17 17 26 33 38 34 Dwayne Allen Wright 10/14/98 Virginia Black 17 24 Sean Sellers 2/4/99 Oklahoma White 16 29 Douglas Christopher Thomas 1/10/00 Virginia White 17 26 Steven Roach Glen Mc. Ginnis Shaka Sankofa (Gary Graham) Gerald Mitchell 1/13/00 1/25/00 Virginia Texas White Black 17 17 23 27 6/22/00 Texas Black 17 36 10/22/01 Texas Black 17 33 Napoleon Beazley 5/28/02 Texas Black 17 25 T. J. Jones 8/8/02 Texas Black 17 25 Toronto Patterson 8/28/02 Texas Black 17 24 Scott Allen Hain 4/3/03 Oklahoma White 17 32

 • Last Execution of a Juvenile: December 7, 1993 and two are currently

• Last Execution of a Juvenile: December 7, 1993 and two are currently on death row • Exzavious Lee Gibson- black male; age 17 at the time of the crime. Robbery and murder of male age 46 in Eastman (Dodge County). Sentenced on 6 -14 -1990 • Larry Leonarde Jenkins- black male; 17 at the time of the crime. Robbery, kidnapping and murder of white female age 37 and white male age 15 in Jessup (Wayne County). Sentenced on 9 -30 -1995. Did you know? ? • Death row inmates in the U. S. typically spend over a decade awaiting execution. Some prisoners have been on death row for well over 20 years.

§ Although it varies from state to state, it is generally a killing which

§ Although it varies from state to state, it is generally a killing which is deliberate and premeditated (planned, after lying in wait, by poison or as part of a scheme), in conjunction with felonies such as rape, burglary, arson, or involving multiple deaths, the killing of certain types of people (such as a child, a police officer, a prison guard, a fellow prisoner), or certain weapons, particularly a gun. The specific criteria for first degree murder, are established by statute in each state and by the U. S. Code in federal prosecutions. Read more: http: //dictionary. law. com/Default. aspx? selected=754#ixzz 46 KRPmv. Zk

§ A non-premeditated killing, resulting from an assault in which death of the victim

§ A non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility. Exact distinctions on degree vary by state. § Read more: http: //dictionary. law. com/Default. aspx? selected=754#ixzz 46 KRPmv. Zk

Cristian Fernandez, a 13 year-old Florida boy, was the youngest person ever charged with

Cristian Fernandez, a 13 year-old Florida boy, was the youngest person ever charged with first-degree murder in Jacksonville history. Fernandez was charged in 2011 for killing his two-and-a-half-year-old brother and assaulting his five-year-old half brother

There's no names on this case because these 12 and 14 year old girls

There's no names on this case because these 12 and 14 year old girls who held up a Cincinnati area bank in 2009 – and totally got away with it. They walked right in, one of them on her cell phone (because of course she was), robbed the bank, and made off with an "undisclosed amount" of money. They have not been heard from since.

Sixteen-year-old David Brom appeared to be a normal teenager growing up in Rochester, Minn.

Sixteen-year-old David Brom appeared to be a normal teenager growing up in Rochester, Minn. Up until Feb. 18, 1988, the night he killed his family, Brom showed no psychotic tendencies. Brom’s parents, 14 -year-old sister and nine-year-old brother, were all bludgeoned to death with an axe. Brom attended school the next day as if nothing happened and bragged about the murders to a classmate. He is now serving life in prison.

In Canada, April 23, 2006, 12 -year-old Jasmine Richardson was convinced by her 23

In Canada, April 23, 2006, 12 -year-old Jasmine Richardson was convinced by her 23 -year-old boyfriend to murder both of her parents and younger brother. Jasmine was charged with first-degree murder but is serving her time in a psychiatric hospital.

In 1981, at 16 years old, Mc. Call started helping himself to priceless works

In 1981, at 16 years old, Mc. Call started helping himself to priceless works of art. Just walked in, took them, walked out. After selling them at Sotheby's, he was driving a Jaguar and living in a luxury pad at 19. The Feds nailed him big time, he was convicted on a laundry list of charges, did 15 years, and still -- to this day -- is paying off the IRS.

It's rare to hear the words "17 year old drug kingpin" thrown around --

It's rare to hear the words "17 year old drug kingpin" thrown around -- but Tyler made it happen. At 15, he started selling a little bit of weed to his pals, and then came into a large amount of marijuana; which was when things got out of control. Two years later, Tyler got busted with six grand in cash and -- wait for it -- $3 million worth of marijuana in his bedroom. He and his whole ring of adults went straight to the slammer.

In California, 1964, 15 -yearold Edmund Kemper shot and killed both of his grandparents.

In California, 1964, 15 -yearold Edmund Kemper shot and killed both of his grandparents. He says he had wanted to do it for a while and had no regrets. He was held in juvenile hall and put through intensive testing. He was released five years later and went on to murder eight women over the next five years.

At 15 years old, he created fake accounts on stock market tip websites, gave

At 15 years old, he created fake accounts on stock market tip websites, gave people fake advice to buy stocks he just bought cheap, driving the price way up, and then selling them at a profit. After he was $800, 000 up, the SEC (Securities and Exchange Commission) tried to nail him -- and his parents defended him, saying he wasn't a criminal, just smart. After a massive lawsuit from his parents, the SEC just walked away, settling for $250, 000 -- that he got to keep.

On August 2, 1993, 13 year-old Eric Smith killed a 4 -year-old boy. He

On August 2, 1993, 13 year-old Eric Smith killed a 4 -year-old boy. He was convicted of seconddegree murder and sentenced to the maximum term for juveniles of nine years to life

JACKSONVILLE, Fla. -Joshua Earl Patrick "Josh" Phillips is from Jacksonville, Florida. He was convicted

JACKSONVILLE, Fla. -Joshua Earl Patrick "Josh" Phillips is from Jacksonville, Florida. He was convicted of murdering an 8 -year-old neighbor in November 1998, when he was 14 years old. The sister of 8 -year-old murder victim Maddie Clifton, doesn't want her sister's killer to ever walk out of prison, but the 2012 Supreme Court ruling has made that a possibility. Joshua Phillips, now 31, was convicted in the 1998 murder of Maddie and was sentenced to life without parole. At the time of the murder, Phillips was 14. The U. S. Supreme Court ruled in 2012 that automatic life without parole sentences for juveniles are unconstitutional. That ruling entitles Phillips to a re-sentencing hearing.

§ Each member of your group will read an article related to Juvenile Justice.

§ Each member of your group will read an article related to Juvenile Justice. You will read the article and become an expert on your topic. You will then be responsible for sharing this information with your group in order to help you form an educated opinion on appropriate punishments for juveniles who commit serious crimes. Decide who in your group will study each topic. § Article One: Prevalence of ACE’s in the Life of Juvenile Offenders (studies) § Article Two: Adolescent Brains are Works in Progress (scientific evidence) § Article Three: Death in Prison Sentences for Children (law) § Article Four: Juvenile Crime Statistics and Trends (math, data, numbers) § http: //www. ojjdp. gov/ojstatbb/crime/JAR. asp

§ Use the website posted on the blog. § Look at the “TOTAL” data

§ Use the website posted on the blog. § Look at the “TOTAL” data chart for the FOUR VIOLENT CRIMES and answer the questions below. § Look at the “TOTAL” data chart for the Property Crime and answer the questions below. QUESTIONS: § What years did the crime rate peak? § Are there any trends that you can identify in the data table (significant increase or decrease)? § Is the rate of this crime increasing or decreasing in recent years? § Can you think of any factors that may have contributed to increase or decrease of crime? § http: //www. ojjdp. gov/ojstatbb/crime/JAR. asp

§Each group member will present the information from their articles. § This is NOT

§Each group member will present the information from their articles. § This is NOT a read answers from a sheet of paper, or here, copy my notes. YOU ARE ACTUALLY EXPLAINING IN YOUR OWN WORDS WHAT YOU LEARNED. §You may use quotes, facts, and statistics from the article.

Adverse Childhood Experiences Include: § Emotional abuse, physical abuse, sexual abuse, emotional neglect, physical

Adverse Childhood Experiences Include: § Emotional abuse, physical abuse, sexual abuse, emotional neglect, physical neglect, violent treatment towards mother, household substance abuse, household mental illness, parental separation or divorce, having an incarcerated household member In 2012 - in a survey of the juveniles serving life without parole, it was found that: § 79% witnessed violence in their homes § 32% grew up in public housing § Fewer than half were attending school at the time of their offense § 47% were physically abused § 80% of girls reported histories of physical abuse § 77% of girls reported histories of sexual abuse.

§ The prefrontal cortex, the CEO of the brain, continues to grow through puberty.

§ The prefrontal cortex, the CEO of the brain, continues to grow through puberty. This area is considered the area of sober second thought. § During the ages of 13 and 18, the brain is losing 1% of its gray matter every year. § The advanced synapse leave teens more easily influenced by their environment and prone to impulsive behavior. § Adolescents experience a surge of anxiety and fearfulness. § The amygdala, the brain’s circuit for processing, develops ahead of the prefrontal cortex, which is the brain’s seat of reasoning and executive control. § This means that the adolescent brain is wired with enhanced capacity of fear, but relatively underdeveloped for calm reasoning. § The brain grows continually and changes in young people. At adolescence the brain is only 80% developed. § The largest part of the brain, the cortex, is divided into lobes that mature from front to back. The last section to develop is the frontal lobe which is responsible for reasoning, planning, and judgement. The mental merger is not complete until 25 and 30 § Information expands during childhood and begins to thin, peaking in girls at age 12 and age 14 for boys. This suggests that girls and boys may be ready to absorb challenging material at different ages. § Teen brains are more susceptible to alcohol and drug induced toxicity. § Link to webvideos

Gray matter, the working tissue of the brain’s cortex, diminishes in a back-to-front wave,

Gray matter, the working tissue of the brain’s cortex, diminishes in a back-to-front wave, as the brain matures and unneeded connections are discarded.

§ Roper v Simmons- 2005 Supreme Court decision ruling that juveniles cannot be sentenced

§ Roper v Simmons- 2005 Supreme Court decision ruling that juveniles cannot be sentenced to death. § § 12 states banned the death penalty in all circumstances 18 more banned it for juvenile offenders. This decision affected 72 juveniles on death row in 12 states Many states still have not amended their death penalty laws in line with the decision in Roper. § Graham v Florida- 2010 Supreme Court decision that banned the use of life without parole for juveniles not convicted of homicide. § The ruling applied to 123 prisoners § The judge ruled that the harshest punishments must be limited to the most serious category of crimes § A 16 year-old and a 75 - year-old sentenced to life without parole …. are these equal sentences? § Miller v Alabama- 2012 Supreme Court decision ruling that mandatory life-without-parole sentences for all children 17 or younger convicted of homicide are unconstitutional. This requires the states and the federal government to consider the unique circumstances of each juvenile defendant in determining individualized sentences. § 2, 500 offenders were serving sentences for life without parole for homicide-related crimes committed as juveniles § 14 states ruled that is would be applied retroactively, while seven other states ruled it was NOT retroactive § 2, 100 people receiving mandatory resentencing will be permitted a parole hearing.

§ 17 states do not have any juvenile prisoners serving life without parole §

§ 17 states do not have any juvenile prisoners serving life without parole § Since 2012, 23 states have changed their laws for juvenile offenders convicted of homicide. All but four had previously required life without parole for juveniles committing homicide. § 33 states still allow life without parole as a sentencing option for juveniles. § Just four states make up more than half of the JLWOP sentences – Pennsylvania, Michigan, Louisiana, and California.

§ Murder § Peaked 94 and 95 § Steady increase from 87 – 94

§ Murder § Peaked 94 and 95 § Steady increase from 87 – 94 and then a steady decrease § Reached a historic low in 2014 § Rape § Peaked in 91 § Increase from 80 – 91 and then began to decrease § Juvenile arrest for rape increased by 19% between 2013 and 2014 § Robbery § Peaked in 94 § Increased until the mid-90’s and began a steady decrease § Decreased by 69% in 2014 § Aggravated Assault § Peaked in 94 § Same as the previous crimes § Decreased to a historic low in 2014 dropping by 50% since 2005

Property Crime § Burglary § Peaked in 1980 § Steady decrease since 1980 §

Property Crime § Burglary § Peaked in 1980 § Steady decrease since 1980 § Declined by 84% since 1980 § Auto Theft § Decreased from 80 – 83 § Sharp increase from 83 to 89 (peak) § Steady decrease reaching 89% lower in 2014 Other Offenses § Drug Abuse Violations § Lowest in 91 § Steady increase through the 90’s § Declined steadily until 2014

§ Housing juveniles for a life sentence requires decades of public expenditures. § Nationally,

§ Housing juveniles for a life sentence requires decades of public expenditures. § Nationally, it costs $34, 135 per year to house an average prisoner. This cost doubles when the prisoner is over 50. § A 50 -year sentence for a 16 year old costs approximately $2. 25 million.

§ 2011 - a young man in the Georgia Department of Juvenile Justice’s Augusta

§ 2011 - a young man in the Georgia Department of Juvenile Justice’s Augusta Youth Development Campus was beaten to death by a fellow resident § Following the event, the GBI uncovered an array of problems in the Augusta facility leading to the firing of nine staff members for sexual misconduct, initiating fights with youth, inappropriate use of physical restraints and negligence in protect youth safety. § In 2013, a federal study found that Georgia facilities had the highest sexual abuse rates in the nation. § Following the study, The Department of Juvenile Justice revealed that more than 700 internal investigations inside Georgia youth facilities remained unresolved, including 141 cases of alleged sexual abuse or harassment.