The Origin of the Juvenile Justice Act: Has it Reached the End of Its Useful Life?

1905 – Legislature authorizes the establishment of a Juvenile Court in Seattle

“This is a new era. ‘Advancement’ is the watchword “This is a new era. ‘Advancement’ is the watchword. The children’s court is a departure from former methods in dealing with youthful offenders, and it is a forward movement. All of our Courts and Judges must keep apace and advance in methods of procedure in the interests of honesty, equity and humanity.”

Features of the Juvenile Justice Act of 1913: All discretion in the hands of the judge (therefore, all the power) Probation officers also had a lot of power, but very little real help to offer children who were characterized as “wayward,” “difficult,” and beyond the control of their parents Focus was on “diagnosing” youth individually to discover the reasons for their waywardness and to somehow “cure” them of their incorrigibility Entire process was confidential

“Absolute power corrupts absolutely”

In re Gault case - 1967 Gerald Francis Gault, 15, was alleged to have made indecent, lewd, comments to his neighbor on a telephone call with another boy. After a “hearing,” which initially consisted of the Judge questioning the youth alone in his chambers, Gerald, as a “juvenile delinquent,” was sentenced to the State Industrial School for the remainder of his youth (until he turned 21).

In re Gault No formal charges based on probable cause to believe Gerald committed a crime No requirement that there be proof that Gerald made the comments No counsel for Gerald or his mother (except at the mother’s expense) No right to appeal

In re Gault “Under our Constitution, the condition of being a boy does not justify a kangaroo court.” – Justice Abe Fortas

In Re Gault Gives same Due Process Rights afforded to adults to juveniles: Notice of Charges (An Information, filed by the Prosecutor upon probable cause) Requirement of Proof “beyond a reasonable doubt” Trial Right to Counsel Right to appeal

“Individualized justice is the basic principle of the Juvenile Court operation. The law requires liberal application so that the children under its jurisdiction may have that care which should have been given them by their own parents. Recent court decisions require guarantees of constitutional rights to children.”

Washington State Rewrites its Juvenile Justice Act, 1975 -1977 Provide for constitutional rights of juvenile offenders End unfettered judicial discretion Limit “social control” of youth by the government (probation) Proceedings and court records open to the public No automatic sealing of juvenile records at age 18 Kept original, 1913, statute that provided: “an order of court adjudging a child a juvenile offender or dependent under the provisions of this chapter shall in no case be deemed a conviction of crime.” RCW 13.04.240

Juvenile System Emulates Adult Adjudication Charge by Information (Prosecutor files based on a police report) Arraignment (lawyer is appointed for the youth) “Fact-finding” hearing (equivalent to trial, with witnesses, judge decides guilt or innocence) Dispositions (sentencing)

Elements of Current System Process is driven by the charge referred by the police/filed by the prosecutor Judges have far less discretion regarding the dispositions (sentences) that youth receive Juvenile cases are open to the public Juvenile convictions count toward adult sentences Youth can be tried as adults automatically for certain nonviolent felonies

Sentencing Reform Act - 1981 Legislature wanted to end wide judicial discretion in adult sentencing Big geographical differences in how people were sentenced for the same crime Parole system made it impossible to know how long a defendant would actually serve – the public wanted “Truth in Sentencing” Parole system was distrusted by the public and hated by defendants.

So this was what was created – A manual heavier than the Bible and this:

Juvenile Convictions Count In an Adult Offender Score and Often “Multiply” – Example

Juvenile Court Snapshot – 1958 and 2015 King County Population: < 1 Million 2 Million Referrals to the Youth Services Center: 2,765 4,072 Youth tried as Adults: 199 20 Youth Committed to State Institutions: 478 117 Youth on Probation: 624 480

Juvenile Court Disproportionality - 2015 Auto-Adult Disproportionality - 2015

Since the Juvenile Justice Act was Passed in 1977….

Since the Juvenile Justice Act was Passed in 1977…. Court records are electronically available Nothing ever really goes away because of the Internet Criminal records disqualify people for many jobs, for housing, and sometimes student loans and higher education

Since the Juvenile Justice Act was Passed in 1977…. The Adult Criminal Justice system now incorporates juvenile convictions in adult sentencing calculation Youth charged with certain violent felonies are automatically tried as adults

Since the Juvenile Justice Act was passed in 1977… We now appreciate the impact of Adverse Childhood Experiences on the brain We now know a lot more about adolescent brain development and the immaturity of the decision-making centers in the brains of young people