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

2. 1905 – Legislature authorizes the establishment of a Juvenile Court in Seattle

3. “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.”

4. 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

5. “Absolute power corrupts absolutely”

6. In re Gault case
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).

7. 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

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

9. 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

10. “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.”

11. 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

12. 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)

13. 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

14. 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.

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

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

17. 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

18. Juvenile Court Disproportionality - 2015
Auto-Adult Disproportionality

19. Since the Juvenile Justice Act was Passed in 1977….

20. 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

21. 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

22. 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