Please respond and write your openion about the article and the lecture powerpoint and how you think this affect children/adolesence speacially from the law
Read and watch the accompanying video.
powerpoint attached already in the files.
How should we respond to young people accused of and/or convicted of criminal behavior?
What should we consider?
What, if any, differences should there be between the way we respond to criminal activity of adults?
•Since the 1960s/1970s the entire US has had a dual system of justice.
One for prosecuting minors accused crimes and one for handling adults. • •Foundation of the juvenile justice system is that the focus should be on rehabilitation. • The adult system generally focuses on punishment.
•In 48 of the 50 states, any youth under 18 who is accused of a crime has their case originated in that state’s juvenile system. These states then allow for a juvenile case to be transferred to the adult system for certain severe crimes in very specific circumstances. • •Two states, New York and North Carolina, prosecute all youth 16 and over as adults in the adult system WITHOUT EXCEPTION. • •Further, NY allows for certain youth as young as 13 to be tried as adults for certain serious offenses. Even these cases originate in the adult system, but can be “removed” to Family Court if a judge so determines.
New York State
Juvenile Justice System -Police -Department of Probation -Prosecutors (NYC this is NOT the DA’s office) -Family Court
Article 3 of the NY State Family Court Act governs the rights and procedures of juvenile cases
Youth in juvenile justice proceedings have many of the same rights as adults in criminal proceedings. -Probable cause -Miranda warnings -Guilt beyond a reasonable doubt –
Differences -No right to a jury -Right to have parents present during questioning by police; parent or guardian has to express that they also understand the Miranda warnings
From Arrest to Trial
•Arrest Detained Family Court
Probation •Desk Appearance Ticket Family Court Refer to Prosecutor Disposition Trial Arraigned
Dispositions on a Juvenile Delinquency Case
•Adjournment in Contemplation of Dismissal (ACD) •Conditional Discharge •Probation for up to 12 months on a misdemeanor; 18 months on a felony •Placement in a facility for 12 months on a misdemeanor, 18 months on a felony, and placement can be extended annually if the young person doesn’t behave well.
Juvenile Justice vs Adult System
•In the juvenile system, if a kid is sentence, they are usually only sentenced, initially, between 12 and 18 months, and do that time in a place focused on rehabilitation. •Youth in the adult system are subject to the same incarceration standards as the adults and can serve the same amount of time that adults get. They are often held in the same facilities though they are sometimes housed in different units.
•Parents/Caregivers are an important aspect of juvenile delinquency cases. •This is not always true of the adult system, even for youth under 18.
Examples: police interrogation, detention, dispositional factors
Criticism of the Juvenile System
•Disproportionate Minority Representation •Harsh treatment for minor offenses •No uniformity – vast difference in dispositions depending on judge •Incarceration of youth is ineffective
Criticism of Youth in Adult System
•Adolescents, no matter the offense, are not adults and should not be held to the same standard. •Youth in prison systems where adults are housed are vulnerable targets for abuse. Measures to try young people as adults is often in reaction to public perception and political climate not actual facts on Juvenile Crime
Willie Bosket, Jr
•Born in 1962, was convicted of numerous crimes as a minor. •In March of 1978, when Bosket was 15, he shot and killed a man during an attempted armed robbery on the subway. Just over a week later, he and a friend killed another person during a robbery. •He was tried in family court at the time and sentenced to five years, the max that was allowed under the law at the time. •With notable speed, NY law makers passed the Juvenile Offender Act of 1978 which allows for youth as young as 13 to be tried as an adult.
[Bosket’s life and family history of the subject of a book called All God’s Children by Fox Butterfield]
Reform Movements in NYC
•Close to Home: a movement to have youth prosecuted in NYC and determined to be in need of incarceration, housed in facilities within the five boroughs and not sent upstate. •Raise the Age: a movement to raise the age in NY to be tried as an adult to 18. -critics say this would be soft on juvenile crime
– Interestingly enough, some argue that kids ages 16 and 17 fare better in adult court on minor offenses than they would if they were in family court.
Raise the Age Facts and Impact
•Governor Coumo signed “raise the age” into law in New York. The act requires that by October 2019, New York State will no longer AUTOMATICALLY prosecute all 16 and 17 year olds as adults. •NY State prosecutes about 28,000 16 and 17 year olds as adults. 72% of those prosecutions are for misdemeanors. •600 13 to 15 are tried as adults. •70% of 16 and 17 year olds arrested are Black or Latino, of those prosecuted and incarcerated 80% are Black and Latino •Studies have shown that children in the adult system are 34% more likely to be re-arrested than those kept in the juvenile system
•Youth in adult system are reportedly twice as likely to be beaten by staff •50% more likely to be attacked in prison with a weapon •Youth in adult prisons face the highest risk of sexual assault of all inmate populations. •Youth in the adult system do not have access to the same rehabilitative services as youth in juvenile systems. •Solitary confinement severely damages the mental health, physical health, and development of youth, sometimes irreparably.X While some progress has been made in limiting the use of solitary confinement for children, young people continue to be exposed to solitary confinement and prolonged isolation
•Youth in the adult system are 36 times more likely to commit suicide in an adult facility than a juvenile facility.
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