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Across the Country

“Raise the Age”, “Direct File”, and More: States Pursuing Youth Justice Reforms in 2016

Brain Evans Wednesday, 11 May 2016 Posted in Across the Country

By Brian Evans, CFYJ State Campaign Coordinator

As the year 2016 moves towards its half-way point, one trend has been unmistakable: states are moving to keep more youth out of the adult criminal justice system. And it’s not a regional but a national phenomenon. Led by South Carolina, which is poised to “Raise the Age” of adult court jurisdiction from 17 to 18 – bills have passed both chambers and only minor reconciling of bill language remains – states are adopting a variety of policies designed to treat youth as youth.

Michigan and Louisiana have both seen “Raise the Age” bills pass in one of their legislative chambers – Michigan in the House, Louisiana in the Senate – and in both cases the prospect of the bills ultimately becoming law this year is good. In New York and Louisiana, the governors have vocally backed the “Raise the Age” efforts. In fact, eight of the 9 remaining states that have ages of criminal court jurisdiction lower than 18 have introduced legislation to “Raise the Age” over the past 2 legislative sessions.

But current reform efforts aren’t limited to “Raise the Age”. In Louisiana, Michigan, New York and Missouri, proposed reforms go beyond “Raise the Age” to include larger efforts to change the ways youth are treated by the criminal justice system.  

In Alabama and Missouri, proposals to remove pre-trial youth from adult jails have made serious progress. Alabama’s bill passed in the Senate but fell short of the finish line when their session ended on May 6, while Missouri’s bill looks very likely to become law. Similar legislation has been proposed in Washington, D.C., as part of an omnibus youth justice package.

Indiana has passed a law allowing some youth sent to adult court to access to a “reverse transfer” process that could send them back into the juvenile system, and in Vermont the power of prosecutors to “Direct File” youth into adult court has been drastically curtailed.

In Florida, where such prosecutorial discretion is used more than in any other state, a bill to curb “Direct File” passed unanimously out of two Senate committees before running out of time at the end of that state’s short 60-day session. Another attempt to reform the use of “Direct File” by prosecutors is underway in California, where a governor-supported ballot initiative on the issue may go before voters in November.

While there are still too many mechanisms for transferring youth into the adult system, it is clear that the states have come to recognize how harmful and counter-productive such transfers are. The results of this year will be better justice for more youth, with powerful positive momentum and strong prospects for even greater gains in the coming years.

2016: Recognizing that Kids are Different, Anniversaries of Kent, Miranda, and JDB

Friday, 22 April 2016 Posted in Across the Country

By Brittan Harwell, CFYJ Policy Fellow

The juvenile court was founded in Chicago in 1899 on the ideas that children were different than adults, should not be subject to adult prisons, and rehabilitation should be the main focus of juvenile detention. Over the years, the court has oscillated between treating children as completely different than adults where their trials require no standard procedural protections, or giving children the same floor of procedural protections as adults but then not allowing for their adolescent traits to inform the circumstances of their hearings or culpability.

Fifty years ago, the Supreme Court decided a case concerning a 15 year old Morris Kent.  In Kent v. United States the court addressed the fear that, “the child receives the worst of both worlds: that he gets neither the protections accorded to adults nor the solicitous care and regenerative treatment postulated for children."  The court went out of its way to include information about the differences between a child and adult in court. Kent’s case held procedural protections were required when a child is being transferred into the adult system.

Kent has had a lasting legal legacy; several cases expanding or further defining the rights of youth are rooted in the holding from Kent. Following the year after Kent, In re Gault built on Kent’s due process protection of waiver by stating that due process encompasses procedural protections for juveniles in delinquency proceedings including right to notice, confrontation of witnesses, right to counsel, and the right against self-incrimination.  A few years later Kent’s due process reasoning was used in support of finding that jeopardy attaches with a juvenile court conviction for purposes of the double jeopardy prohibition, meaning that children cannot be tried and convicted in both juvenile and adult court for the same charge (Breed v. Jones, USC).  Kent’s reasoning has helped youth in certain jurisdictions assert rights to rehabilitative treatment (Pena v. New York State Div. For Youth), full investigations to support court’s findings (Virgin Islands ex rel. N.G.), and access to all proceedings for a child’s guardian ad litem (Inge v. Slayton,  4th cir.).

Decided the same year, Miranda v. Arizona gave individuals questioned by the police the right to be informed of their rights. The Miranda warnings are known by most people because of their use in TV and movies. Subsequently police went on to give individuals Miranda warnings but there were no specialized warnings for children. The warning was assumed to be age neutral and an adequate procedure to ensure that an individual’s Fifth Amendment right to be free from self-incrimination was upheld.

Five years ago in the case of J.D.B  v North Carolina the court finally addressed the relationship between Miranda warnings and children, Justice Sotomayor announcing that,

“It is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave. Seeing no reason for police officers or courts to blind themselves to that commonsense reality, we hold that] a child's age properly informs the Miranda custody analysis.”

More and more the Court is considering the effects of age on the application of criminal procedure and juvenile interaction with the criminal justice system. In Kent, the Court touched on the difference between youth and adults in its ruling but the development of brain science and what is known about how differently the adolescent brain works has had a huge impact on Supreme Court treating children differently. Because adolescent brains are different than adults, what actions are appropriate to ensure their constitutional rights are upheld should be different than adults.

While we look back to see how far the court has come in its understanding of juvenile rights, we shouldn’t forget to look forward also and continue to push for juvenile rights. In every state there are still laws that allow for youth to be tried in adult courts. The Supreme Court has established that children are not adults. Not only is treating children both as people who need to be taken care of and people who are mature enough to make life altering confusing, it also does not allow for a system in which we can determine what states should do to protect youths’ constitutional rights.

Promising Findings of Louisiana Raise the Age Study

Brittany Harwell, CFYJ Policy Fellow Friday, 18 March 2016 Posted in Across the Country, Research & Policy

Raise the Age Logo 2

On February 1st the Louisiana legislature released a report supporting the need for, and impact of, raising the age of juvenile court jurisdiction. This report was commissioned by the legislature through Resolution No. 73 in 2015 and completed by The Institute for Public Health and Justice  at the Louisiana State University’s Health Science Center. The ultimate recommendation of this comprehensive report is that Louisiana should raise the age of juvenile court jurisdiction to include 17 year old offenders. Louisiana remains one of nine states that fails to recognize that youth under 17 year olds should not be prosecuted automatically in the adult criminal justice system.
The three big findings that the report made are:
1) 17 year olds are developmentally different than adults and should be treated as such;
2) the Louisiana juvenile justice system has the capacity to manage and rehabilitate added 17 year old youth;
3) other state have found that raise the age impact has had substantially less of an impact on their systems than was predicted and Louisiana should be the same and may even have substantial fiscal savings

It further recommends that a five year comprehensive plan be developed to address a variety of issues specific to youth such as transition, community based interventions, services while in detention, and other ways to ensure that youth are rehabilitated and do not recidivate.

The report notes that the state of Louisiana has not reviewed the age of juvenile jurisdiction in more than 100 years. Due to the growth of the law, social science, and brain science it is important for Louisiana to raise the age to ensure that its juvenile justice system is not stuck in the past. “Louisiana’s successful juvenile justice reforms, and an overall decline in juvenile crime reflective of national trends, have opened up system capacity for raising the age that may not have previously existed.”
The report highlights current brain science on adolescents and specifically how 17 year olds are unable to consistently reason and make responsible decisions. Due to this increased awareness of how adolescent brains work, the courts, including the Supreme Court, have recognized that treating 17 year olds the same as adults is not appropriate. The data shows that 17 year olds are capable of change when rehabilitated and generally stop reoffending. Most delinquent behavior does not follow the youth into adulthood.

The effects of the adult system on youths are troubling because rates of juvenile recidivism rise when placed in adult facilities. Additionally, youth are subject to a variety of harms both physical and psychological when they are subject to adult courts and facilities. To address the issue of placing 17 year olds in adult facilities the report examined the capacity of existing juvenile facilities. The report found that on any given day only facilities are only 56% filled, “…it can be estimated that 258 beds could be available on any given day in Louisiana’s juvenile detention facilities.” The addition of 17 year olds would not cause the current facilities to be overburdened.
The Louisiana Center for Children’s Rights (LCCR) has been a vital advocate for Raise the Age Reform and helping shepherd a bill into law. Raise the Age Louisiana Act, SB 324 will ensure that 17 year olds are under the jurisdiction of the juvenile courts. LCCR has reported that, “polling by LSU shows that 66% of Louisianans – a majority of both parties – believe that 17-year-olds should be included in the juvenile justice system.” On March 15, Louisiana Governor John Bel Edwards has announced that he supports SB 324 and raising the age. Widespread support from Louisianans will ensure that legislators know that their constituencies want what is best both for communities and for adolescents, to raise the age.


For more information on how to get involved in Louisiana's reform efforts, follow us on Facebook and check out the links below:

LCCR

Full Text of SB 324

Report

March is Juvenile Justice Month of Faith and Healing

Monday, 29 February 2016 Posted in Across the Country

March marks the annual Juvenile Justice Month of Faith and Healing. This month brings together congregations of all faiths, schools and universities in prayer, service and action. The goal is to offer young offenders hope and alternatives to a lifetime as a hardened criminal by raising awareness and creating engagement with issues pertaining to juvenile justice.

How to Get Involved:

Place a bulletin in your faith organization’s newsletter.

  • Throughout the month of March discuss juvenile justice in your weekly faith service.
  • Post a flyer in your place of worship.
  • Host a candle light vigil in your faith community in remembrance of youth in the justice system.
  • Host a discussion after a faith service in your community about juvenile justice issues. Such topics could be sentencing laws, sending children into the adult court system, willful defiance or the classification process in the prison system that sends youthful offenders to higher level prisons than adults for the same crime.
  • Support neighborhood groups that work to create cooperative relationships between neighbors, faith communities, and law enforcement to create a safe and secure community.
  • Support or volunteer with programs that promote victim ministry in your place of worship.
  • Support or volunteer with the ministry at your local detention center.
  • Provide spiritual, material, or emotional assistance to those reentering society, both youth and adult. Schools and places of worship are encouraged to invite formerly incarcerated youth to share their experiences and insights about the juvenile justice system.

The events through the month will initiate a dialogue between offenders, victims and the community regarding the causes of crime and will suggest structures needed to prevent youth from becoming engaged in the cycle of violence. Find out how you can participate here

For talking points for Juvenile Justice Faith Week, visit here

For more information or to schedule a speaker please contact Javier Stauring at This email address is being protected from spambots. You need JavaScript enabled to view it.

Momentum for Youth Justice in 2016

Thursday, 11 February 2016 Posted in Across the Country, Campaigns, Take Action Now

By Anne-Lise Vray, Juvenile Justice Fellow

The year 2016 has started off very well for youth justice issues, as actions and movements throughout the country have raised hopes of a positive evolution towards reforming and ending the adultification of youth. On the national level, the most important step at the beginning of this year was taken by President Obama, who used his executive authority to end the use of solitary confinement for youth in the federal prison system. Almost at the same time, the U.S. Supreme Court ruled that its Miller v. Alabama decision, which found that a mandatory sentence of life without parole for juveniles is unconstitutional under the 8th Amendment, was retroactive.

At the state level too, great movement is underway, from California where Governor Brown officially showed his support for a sentencing reform referendum that would include ending direct file, to Wisconsin where a report recommending raising the age of juvenile jurisdiction has just been released. Legislation in Wisconsin to do just that is pending. Earlier this month, another report, authorized by the Louisiana legislature, analyzed the benefits of raising the age in Louisiana and advocated strongly in favor of doing so. Louisiana’s legislative session starts in mid-March.

Additionally, a lot of legislative action is already happening across the country, with the potential of improving the lives of thousands of kids. This week should be crucial for the future of key bills dealing with juvenile justice issues, starting on Wednesday in Missouri with a Senate Committee hearing on SB 618 and SB 684, two bills that would keep more kids out of adult facilities.

In Florida, a second hearing on SB 314 was held today, February 11th. This bill would modify the direct file statutes to decrease the number of offenses in which a child can be direct filed in criminal court and create a reverse waiver mechanism. The bill was approved unanimously by the Committee today, after passing unanimously out of the Senate Criminal Justice Committee late last year. Today also, the conservative James Madison Institute released a report analyzing the long-term costs of the bill, and recommending that it be supported.

Additionally today, another hearing took place in Maryland on SB 243, a bill which would repeal laws that allow the automatic transfer of kids into the adult system. Finally, Michigan’s House Committee on Criminal Justice is expected to vote on a raise the age reform any day now.

Show your support, take action and be part of this movement of change. Together, we can create a better future for our children and a safer, fairer society.

Injustice Anywhere is a Threat to Justice Everywhere

Marcy Mistrett Sunday, 17 January 2016 Posted in Across the Country

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By Marcy Mistrett, CFYJ CEO

The anniversary of Rev Martin Luther King Junior’s birthday presents us with a call of action to get involved in local, state and federal campaigns to end the prosecution, sentencing and incarceration of youth in the adult criminal justice system.

The injustices presented by youth being treated as adults in the criminal justice system are plentiful and continually positions the United States as an outlier in preserving the human rights of children. Several of the most egregious injustices include:
 
  • Treating children as though they are mini adults:  Research has proven that childrens’ brains handle decision-making, impulsivity, and causal relationships differently from adults.  Furthermore, they show great capacity to change. Not taking these differences into account is a gross injustice to our children.
  • Failing to provide children with appropriate protections at their arrest and during trial.  Children who are charged as adults are not afforded the protections of having their parents or guardians present during police interrogation.  Research has demonstrated that youth are much more likely to sign confessions, admit guilt, and feed law enforcement the answers that “they want” in order to go home. Despite having the greatest influence and support for their children, parents are often times left out of the equation which rehabilitation is considered.    
  • Treating children differently based on their race and ethnicity.  Children of color are much more likely to be prosecuted, sentenced and incarcerated as adults than their white counterparts.   These disparities are gross and unacceptable (African American youth are 9 times more likely to be sentenced to adult prison than white children for the same crimes; latino youth are 4 times more likely; and Tribal youth are nearly twice as likely).
  • Incarcerating children in adult facilities.  Children charged and sentenced as adults are housed in adult facilities.  They have very little access to developmentally appropriate education, mental health, substance abuse, or vocational services.  Rather, children are often held in solitary confinement to “protect” them from the adult population, isolating them 20-22 hours/day.
  • Punishing children the rest of their lives for poor decisions made in their childhood.  We know that a critical aspect of adolescence is learning to make good decisions; and having the opportunity to right the wrongs we make.  Children who are sentenced as adults carry their conviction the rest of their lives. 

For the past decade, the Campaign for Youth Justice has partnered with states, advocates, and impacted youth and families to challenge these practices.  We have seen the impact that unified voices can have in challenging injustices.  In fact, in the past ten years, 30 states have changed nearly 50 laws making it more difficult to prosecute, sentence and incarcerate children in the adult criminal justice system.

As we enter the 2016 legislative session, we encourage you to get involved in the local, state or federal campaigns that challenge this practice.  Legislation has already been introduced in Florida, Michigan, Missouri, New York, and South Carolina.  We expect several other states to introduce legislation in upcoming weeks to decrease the number of youth entering the adult criminal justice system.  We can only change these laws if communities are willing to stand for justice, and we need your help.

There are many ways to take a stand against injustice:

  • Sign on to your local campaign’s listserve to stay abreast of progress;
  • Call or tweet policymakers to show your support for reform;
  • Leverage your networks to learn more about this issue—host a discussion in your home, or community center, or house of faith to share with others the injustices being harbored against our youth;
  • Raise your voice in support—offer to write op eds or letters to the editor to call on policymakers to do what is right for children.

Justice is a fight well worth fighting for.  In the great words of Reverend Dr. Martin Luther King Jr., “Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.”  We hope to gain your support during this legislative session. For more information contact: This email address is being protected from spambots. You need JavaScript enabled to view it.

New York Governor Includes “Raise the Age” Proposal in his “State of the State” Budget Announcement

Friday, 15 January 2016 Posted in Across the Country, Campaigns

By Anne-Lise Vray, Juvenile Justice Intern

On January 13th, New York Governor Andrew Cuomo addressed the crucial question of raising the age in his “State of the State” speech, in which he outlined the New York State executive budget for 2016-17. New York is one of the last two states, along with North Carolina, where 16 year-olds are automatically charged as adults, which can have devastating, sometimes deadly, consequences. Trying, sentencing and incarcerating teenagers as adults has indeed been shown to substantially increase recidivism, as well as exposing the children to grave threats such as sexual assault and suicide.

A large coalition of advocates, law enforcement experts, unions and clergy has been working very hard to get New York to side with the vast majority of states and raise the age of criminal responsibility. The group has already won many victories and gained a lot of support, including from the state’s Governor Andrew Cuomo, which was reiterated in his Wednesday’s budget announcement.

The 2016-17 budget includes funds for the application of a bill which, if it passes, would (among other things) raise the age of criminal responsibility from age 16 to age 17 on January 1, 2018 and to age 18 on January 1, 2019; raise the lower age of juvenile jurisdiction from age 7 to age 12 on January 1, 2018 for all offenses except homicide; and expand Family Court jurisdiction to include youth ages 16 and 17 charged with non-violent felonies, misdemeanors, or harassment or disorderly conduct violations. New York is the state with the second highest number of kids housed in adult state prisons (after Florida), with 144 youth under 18 locked up with adults on any given day.

There are now high hopes that the state of New York will finally come around and stop this detrimental practice, and will instead give thousands of children a second chance and the opportunity to turn their lives around. “We cannot lose one more child to a system that contradicts what we know about adolescent brain development, increases recidivism, and makes our community less safe,” said Paige Pierce, CEO of Families Together in New York State. “Including ‘Raise the Age’ in the budget recognizes that enough is enough, it is time for New York State to live up to its progressive reputation and be smart on crime.”

For more information on NY’s raise the age efforts: http://raisetheageny.com/

Florida: Unprecedented Media Support for Bills Restricting the “Direct-File” system

Wednesday, 13 January 2016 Posted in Across the Country, Campaigns, Voices

By Anne-Lise Vray, Juvenile Justice Intern

In Florida, a wave of endorsements for reforming “direct-file” is rising. Local media in the sunshine state are increasingly vocalizing their support for SB 314 and HB 129, two bills that aim to reduce the scope and the impact of direct-filing on youth.

The current “direct-file” system allows prosecutors discretion to unilaterally decide that minors as young as 14 should be tried in adult court. As pointed out by the Miami Herald, this “nefarious practice in Florida continues to help ruin the lives of thousands of young offenders, and it must stop.” According to Human Rights Watch, Florida transfers more children into adult court than any other state. Yet, the Ocala Star Banner reminds us that only about 9 percent of the state’s juvenile offenders are described as “serious, violent, chronic offenders,” while the Pensacola News Journal highlights that “98% of the more than 10,000 children tried in Florida’s adult courts in the last 5 years were transferred there WITHOUT the benefit of a hearing before a judge.”

The bipartisan bill introduced in the Florida Senate (SB 314) would restrict the practice of direct-filing by requiring judicial sign-off on such juvenile-to-adult court transfers. The companion House bill (HB 129) has been amended to eliminate this central reform, but there are two months during the Florida legislative session (which begins this week) for it to be reconciled with the stronger Senate bill.

This legislation has received great support from Florida media, maybe following the lead of Pensacola Mayor Ashton Hayward, who proclaimed last October Youth Justice Awareness Month. The Times Union in Jacksonville and the Orlando Sentinel agree that direct-file “does not make sense,” for kids, taxpayers or public safety, while the Gainesville Sun notes that fixing the direct-file system is a crucial step in the effort to break the school-to-prison pipeline in Florida.

Here is a complete list of recent editorials and articles that were published in Florida-based media to support SB 314 and HB 129 and/or oppose the direct-file practice:

-          Palm Beach Post

-          Miami Herald

-          Ocala Star Banner

-          Times Union (Jacksonville)

-          Orlando Sentinel

-          Tampa Bay Times

-          Pensacola News Journal

-          The Gainesville Sun

-          Treasure Coast Palm

-          Tallahassee Democrat

-          Sun Sentinel

The bills have each already passed out of one committee and are awaiting further review. For more information on Florida’s efforts to end this practice, go to www.noplaceforachild.com.

ALEC Endorses Raise the Age

Tuesday, 12 January 2016 Posted in Across the Country, Campaigns, Voices

By Anne-Lise Vray, Juvenile Justice Intern

Another important voice has recently called for states to raise the age of criminal responsibility to align with brain science and youth rehabilitation. In early December, the American Legislative Exchange Council (ALEC) passed a resolution that endorses raising the age of juvenile court jurisdiction to include all 17 year old youth. The resolution now awaits final approval from the ALEC Board of Directors.  This is a great step towards ending the practice of youth automatically being tried, sentenced and incarcerated as adults.

ALEC, which bills itself as the US’s “largest nonpartisan, voluntary membership organization of state legislators”, and claims to comprise almost “one quarter of the country’s state legislators and stakeholders from across the policy spectrum”, is well known both for its staunchly conservative principles and for its power in state legislatures. Recognizing that “research has found that 17 year-olds are less likely to recidivate when placed in the juvenile system,” the ALEC resolution pushes for all states to pass legislation to raise the age of juvenile jurisdiction, regardless of the nature of the offense. It suggests that the juvenile court step should never be skipped, even if it is eventually decided that a youth should be tried as an adult. It is also worth noticing that the resolution does not separate violent and non-violent young offenders, but applies to all 17 year-olds. This is significant, as some state legislation has sought to raise the age of juvenile court jurisdiction for non-violent offenders or misdemeanants only, leaving behind a large group of young people just as open and capable of rehabilitation.

Considering ALEC’s impact among state lawmakers, this resolution could have great repercussions for tens of thousands of youth, for whom the practice of being tried, sentenced and incarcerated as adults has devastating consequences. Youth housed in adult jails are more likely to commit suicide, to be sexually and physically assaulted and to be placed in solitary confinement, which is considered torture in most places across the world.  Youth who are sentenced as adults have also been found to be more likely to recidivate, as the adult system is focused on punishment, and not rehabilitation. In addition to that, youth sentenced as adults will carry their criminal record their whole life, thus diminishing their chances to find jobs, access decent housing, obtain student loans and go to college, join the military, or vote.

There are only 9 states left in the United States who set the age of criminal responsibility below the age of 18, resisting to the wave of change that has been taking place for the past several years to end this practice that does much more harm than good.  In North Carolina and New York, all 16-year-old youth are automatically tried as adults. In Georgia, Michigan, Missouri, Louisiana, South Carolina, Texas and Wisconsin, 17 year-old youth are all tried as adults. Hopefully the initiative taken by an organization as powerful as ALEC, with strong credibility among conservatives, will convince these states to side with the other 41 states that have already chosen to follow scientific evidence and data to change their legislation, and hence create a better future for youth as well as a safer society. 

Youth Rights are Human Rights

Brian Evans Wednesday, 09 December 2015 Posted in Across the Country

Human Rights Day

By Brian Evans, CFYJ State Campaign Coordinator

The United Nations Convention on the Rights of the Child (CRC) is the most widely adopted human rights treaty in the world. With the accessions earlier this year of Somalia and war-torn South Sudan, every single nation on earth has ratified it except for one – the United States.  

The U.S. notoriously lags behind much of the industrialized world when it comes to engaging with the United Nations and signing on to human rights instruments (the Convention to End Discrimination Against Women – CEDAW – is another example, as is the U.S. Senate’s recent rejection of the Convention on the Rights of Persons with Disabilities). But when it comes to the CRC, the U.S. literally stands alone. Why is that?

To be ratified in the United States, an international treaty requires a two-thirds majority vote in the Senate, and a strong opposition, citing concerns about usurpation of U.S. sovereignty and undermining of parental rights, has thus far prevented the CRC from passing. Opponents of the CRC also claim to fear a spike in lawsuits asking for the government to financially support the social and economic rights established by the treaty.

These arguments do not hold up to serious scrutiny. Acceding to the CRC will not put our children, or the U.S. government, under the thumb of international forces beyond our control. But it could serve as a helpful guide for advocates and policy-makers seeking fair and more equitable treatment of our children. For example, on the question of youth in the adult criminal justice system the CRC says that “every child deprived of liberty shall be separated from adults.” There is no good reason for the U.S. not to strive to meet this standard.

Many U.S. social justice movements have begun to leverage international human rights mechanisms to enhance their efforts; and pushing the U.S. to finally ratify the CRC would be an important step forward.  However, the movement to get children out of the adult system hasn’t been waiting for that ratification; as advocates and state legislatures in 30 states have shown, removing children from the adult criminal justice system is smart policy—to provide youth with a second chance and the tools necessary to succeed, and in keeping communities safe. 

In Spring 2014, the U.N. Human Rights Committee reviewed U.S. compliance with the International Covenant on Civil and Political Rights (ICCPR), a core human rights treaty the U.S. ratified in 1992. In its review, the U.S. was called on to: “…ensure that juveniles are separated from adults during pretrial detention and after sentencing, and that juveniles are not transferred to adult courts.”

The UN Human Rights Committee also added, in a direct reference to the (at the time) 10 U.S. states that had still not “raised the age” of adult court jurisdiction to 18, that the U.S.: “…should encourage states that automatically exclude 16 and 17 year olds from juvenile court jurisdictions to change their laws.”

In short, sending kids to the adult criminal justice system is already recognized as a violation of their human rights.Today, December 10 – International Human Rights Day – is a good day to remember that to meet human rights standards it has pledged to uphold, the United States (and the state governments therein) must end the jailing of children with adults, and the transfer of children to adult court

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