KYA - Youth Incarceration on the Decline: Kentucky Still Confining Too Many Youth for Behaviors that Aren’t a Risk to Public Safety

The national rate of locking up young people in trouble with the law dropped by more than 40 percent over a 15-year period, with no decreases in public safety, according to a new report released by the Annie E. Casey Foundation today.

The KIDS COUNT Data Snapshot indicates that the number of young people in correctional facilities in the United States on a single day fell to 70,792 in 2010, from a high of 107,637 in 1995. The report also shows that the overwhelming majority of confined youth in the United States are charged with offenses that do not put public safety at risk, such as running away or violating probation. In 2010, only one of every four confined youth across the nation was locked up due to a violent offense (homicide, aggravated assault, robbery or sexual assault).

Kentucky’s trend of locking kids up is also going down, mirroring the national trend.  In 1997, Kentucky had 1,080 youth in confinement (at a rate of 235 per 100,000 youth ages 10-17) compared with 852 youth in confinement (at a rate of 186 per 100,000 youth ages 10-17) in 2010. The decline over this time period represents a 21 percent decrease in Kentucky’s rate. In 2010, Kentucky had the 18th lowest rate in the nation of locking kids up.

While Kentucky’s downward trend shows a move toward being smarter, and not just tougher, on crime, there is still vast room for improvement. An analysis by Kentucky Youth Advocates of data from the Kentucky Department of Juvenile Justice and Louisville Metro Youth Detention Services shows that only 3.8 percent of youth that were locked up during 2007-2011 were confined for violent offenses. This means that only a very minor number of confined youth pose a threat of harm to community safety.

For behaviors such as truancy and running away, which would not be considered crimes if the youth were adults, evidence-based programs can effectively address the underlying causes of behavior. Many states have implemented “Children in Need of Services” models, which recognize that there are family dynamics involved in youth misbehavior, such as running away, and work to address what is really causing that behavior. These models are more effective than confinement for minor offenses and are also less expensive.

Kentucky leaders have stepped up in addressing the juvenile justice system in the past couple of years. In 2012, the legislature created a Unified Juvenile Code Taskforce, Co-Chaired by Senator Katie Stine and Representative John Tilley, which has begun to identify ways to improve the juvenile justice system long-term. Senator Whitney Westerfield has filed a resolution (SCR 35) to reauthorize the task force so it can continue developing solutions to improve Kentucky’s juvenile justice system.

You can find the snapshot and data on youth in confinement in the KIDS COUNT Data Center.

New Publication - National Juvenile Defense Standards

NJDC has just released the National Juvenile Defense Standards.  The Standards represent a comprehensive understanding of the role and duties of the juvenile defender in the 21st century juvenile court system, and seek to strengthen and guide the ethical and professional performance of the juvenile defense attorney. The Standards present a national approach to systematizing zealous, competent and diligent defense practice in juvenile court and set out a framework for representation that is anchored in the law, science, and professional codes of responsibility.

Click here to request additional support or a hard copy of the Standards.  

 

New Free Online Toolkit Aims to Inform Lawyers Who Work With Traumatized Youth

Research shows that most young people entering the juvenile or adult justice system have been exposed to violence and other traumatic events, and often they have experienced trauma multiple times. Research also shows that the greater the degree of exposure, the more likely the child will suffer physically, socially and emotionally, says Howard Davidson, director of the American Bar Association Center on Children and the Law.

These factors led to the creation of a free toolkit, available online and intended for use by the justice system. The toolkit, titled “Identifying Polyvictimization and Trauma Among Court-Involved Children and Youth: A Checklist and Resource Guide for Attorneys and Other Court-Appointed Advocates,” is designed to make legal representation of children in delinquency, dependency (abuse/neglect) and other cases more focused on addressing the victimization a child client has experienced, and on how that client has been affected by multiple traumas, Davidson says.

Lawyers can use the toolkit’s checklist to identify and better understand what violence and other distress their child clients have experienced, he says. The checklist provides a vehicle to help lawyers determine whether the youth they represent has one of more than 20 adverse symptoms that may indicate their client is suffering from severe traumatic stress.

“If their client has traumatic stress, there is a flowchart to help the lawyer understand what trauma-informed referrals and services the child may need,” Davidson says.

Accompanying the toolkit is the issue brief “Victimization and Trauma Experienced by Children and Youth: Implications for Legal Advocates.” Among the topics the document covers are: understanding the symptoms of traumatic stress; the role of legal advocates, judges and court staff; screening instruments for identifying past trauma and exposure to violence; descriptions of relevant state and local initiatives; and considerations related to developing a trauma-informed legal practice.

The tools stand to benefit lawyers and their child clients, Davidson explains. “Many children and youth in the child welfare and juvenile justice systems have experienced or witnessed violence or other traumatic events and suffered the fear of ongoing exposure to harm,” he says. “Trauma-informed care and evidence-based mental health treatments are a crucial part of recovery. These tools were developed to increase awareness of these issues among the legal profession, especially court-appointed lawyers for children in juvenile and family courts.”

Davidson encouraged development of the documents and facilitated support for them through the Safe Start Center, a program funded by the Department of Justice. The final products represent a partnership between the ABA, Safe Start, Child and Family Policy Associates and the Chadwick Center for Children and Families.

“I hope that these documents will be widely disseminated and utilized, so that we will truly have trauma-informed legal advocacy for vulnerable children and youth across the country,” Davidson says.

Source ABA Now

Kentucky Supreme Court considering Miranda warning for students- Louisville Courier Journal

The Kentucky Supreme Court is considering a case from Nelson County that could require school officials to give the Miranda warning — you have the right to remain silent and anything you say can and will be used against you — when questioning a student with a school resource officer present.

Principals frequently work in concert with such officers — there are 254 sworn police working in Kentucky schools, according to the Kentucky Center for School Safety, and up to 60 percent of schools nationwide have one on campus.

Miranda warnings are required when a subject is in custody — when a suspect thinks he’s not free to leave — and at issue is whether a student grilled in the principal’s inherently fits that description.

Opponents of requiring the warnings in school say administrators have more important things to do.

more....

Using Adolescent Brain Research to Inform Policy: A Guide for Juvenile Justice Advocates - National Juvenile Justice Network

Research has revealed profound differences in the way that adolescents and adults use their brains. Much has been made of this research in policy arenas on behalf of youth in the justice system; however, its use raises questions about respect for our youth allies and implications for alternate policy agendas. This paper, recently updated, explores the key issues and makes recommendations.

 Download the policy paper, "Using Adolescent Brain Research to Inform Policy: a Guide for Juvenile Justice Advocates."

Victimization and Trauma Experienced by Children and Youth: Implications for Legal Advocates.

The Safe Start Center, ABA Center on Children and the Law, and the Child and Family Policy Associates recently released a new resource, Victimization and Trauma Experienced by Children and Youth: Implications for Legal Advocates.  In this resource, you’ll find:

·         Information about the prevalence and impact of victimization and exposure to violence

·         Practice tips for juvenile defenders, children’s attorneys and GALs, judges, and CASAs

·         Explanations of traumatic stress symptoms and trauma-related assessments and treatments

·         Descriptions of promising local and state initiatives to address trauma

·         Guidance on policy reforms and other considerations for trauma-informed advocacy

 

KY COA March 30th -Bell- Statement by Juvenile in School

Commonwealth v. Bell; and T.C.
11-CA-562, Rendered March 30, 2012; To be published

The Commonwealth appealed a denial of a writ of prohibition seeking to overturn the suppression of a thirteen-year old boy’s statement in a first degree sodomy case in Fayette County District Court. The Court of Appeals affirmed the suppression, finding that even though the detectives did not deprive T.C. of sleep, food, had Mirandized T.C., and had used a calm conversational tone, these factors do not provide the same assurance of voluntariness in a thirteen year old as it does for an adult. 

The Court of Appeals focused on the fact that T.C. was interrogated at school, stating, “The fact is a school is where compliance with adult authority is required and where such compliance is compelled almost exclusively by the force of authority. Like it or not, that is the definition of coercion.”  The Court found that the Detective’s questioning in the school setting made it reasonable to believe that T.C. felt he had to say “something, whether true or not.” Further, it was unreasonable that T.C. would believe he had the right to say nothing and get up and leave the interrogation.

The Court noted, “T.C., alone, was ordered by school officials into a room, facing adult authority figures with considerable power, who also feigned superior knowledge (“I know what happened [and your cousin] has not lied to me about anything”), and who repeatedly demanded answers that he, if he was to be an obedient child, would have to provide.  How could T.C. not perceive such a situation as subjectively coercive?”

Note that the Court of Appeals did not cite the recent U.S. Supreme Court case J.D.B. v. North Carolina, 131 S.Ct. 2394 (2011), in making its decision.  The J.D.B. decision provides additional support for suppressing a juvenile’s statement when it is made in a school setting since it discusses the viewpoint of a child interrogated at school and requires consideration of a defendant’s age when determining if the child was in custody under Miranda.

Contributed by Robert Yang

KY SC March 22 - Jackson - Juvenile Code. Jurisdiction. Preservation.

James Jackson v. Com., 2012 WL 975708, (Ky., 2012) decided on March 22, 2012.
Juvenile Code.  Jurisdiction.  Preservation.


The district court certified Jackson as a youthful offender and transferred him to the circuit court, where he entered a guilty plea and was sentenced as an adult. He collaterally attacked his conviction on the grounds that the transfer was improper and argued that the circuit court never acquired jurisdiction over him or his case. In addition to failure of the indictment to charge a public offense, issues that survive a guilty plea include competency to plead guilty, certain types of sentencing issues, and whether the trial court had general subject-matter jurisdiction. "Lack of jurisdiction or the failure of the indictment or information to charge an offense shall be noticed by the court at any time during the proceedings." RCr 8.18.

Because the district court's transfer order was legally sufficient on its face, and no other jurisdictional defects appear in the record, this Court concludes that the transfer was proper and the circuit court had jurisdiction.  But since the Commonwealth did not seek discretionary review of the Court of Appeals' decision to remand for a determination of voluntariness of the guilty plea, the remand for that determination stands.

Contributed by Susan Balliet

Juvenile LWOP - SCOTUSblog recap of Tuesday's SC oral arguments

Analysis

Moving further along the constitutional line between adults and children in the criminal courts, the Supreme Court on Tuesday turned to life-without-parole sentences for youths who commit murder, and appeared to be reaching for a compromise.  If the indications from a one-hour hearing hold, the Court might allow such sentences to be imposed on youths, but not as a mandatory matter for younger teenagers.  And it could choose to forbid that penalty at all for some, but where that line might be drawn was far from clear – although it might wind up at 12 or younger.  In more than 90 minutes of argument in two cases, there was no sign that a majority would come together on a flat ban for such a sentence for anyone under age 18 — the preferred outcome sought by two youths’ lawyer.

Continue reading »

Transcripts of Tuesday’s oral arguments in Miller v. Alabama and Jackson v. Hobbs

ABA Resource - Think Before You Plea: Juvenile Collateral Consequences in the United States

The Juvenile Collateral Consequences Project is an endeavor undertaken by the American Bar Association to document and analyze the significant hardships experienced by youth who have come in contact with the juvenile justice system. These hardships, known as collateral consequences affect youth who have successfully completed a sentence imposed by the court. The hardships include barriers to education, employment, and public benefits.

Juvenile Collateral Consequences in Kentucky