1. CASE OF THE DAY
Can a juvenile who has been brought before the court on a “family-in-crisis” petition – a status offender – be adjudicated delinquent for criminal contempt?
State in the Interest of S.S., 367 N.J. Super. 400 (2004)
Facts:
16 year old female
Lived with parents and 3 siblings
March 2002 petition alleges that she was chronically “staying out late and running away”
“Failed to obey rules at home or in school”
Ordered to obey rules at home and in school and to attend two counseling sessions

2. May 2002 – parents complained to the Family Court that S. S
May 2002 – parents complained to the Family Court that S.S. failed to come home
June 2002 – Family Court confirmed parents’ complaint, found S.S. in contempt, adjudicated her delinquent
S.S. was placed in custody in a DYFS facility
Court imposed two year probationary term
Issues
Can she be found delinquent for failing to obey a court order regarding “family and school rules”?
YES (NJSA 2C:29-9) - 4th degree misdemeanor for contempt of court
But, should criminal proceedings be used as a means of enforcement of “family in crisis” matters?
Court ruled NO

3. Arguments
Consequentialist logic– if adjudicated delinquent, S.S. faced placement in secure detention facility, plus the stigma (label and criminal record) that go along with a finding of delinquency (similar to Gault logic)
Because S.S. has not violated any criminal laws and has primarily endangered only herself, Court response should emphasize protection of the minor
State – what recourse does the court have to protect the interests of the minor?
Court ruled that civil proceedings offer the appropriate remedy – including the remedy of incarceration so long as it is limited and rules for release are stipulated.
But this should be a last resort
Court de facto shifts responsibility to social welfare system to strengthen services to address more complicated cases and avoid legal intervention

4. Juvenile Crime: Explanations and Differences From Adults
Class 3

5. Base Rate Differences in Crime Among Juveniles and Adults
Age and Crime (The age distribution revisited)

8. Age Curves for Homicide and Auto Theft

9. Youth Propensity to Arrest (Age 15/Age 24) by Offense, United States 1997
Type of Crime
Ratio of 15/24 Arrests
Homicide
0.40
Aggravated Assault
0.79
Rape
0.96
Robbery
1.92
Larceny
2.86
Burglary
3.40
Auto Theft
3.67
Arson
3.78
Source: Zimring, American Youth Violence, 1999

10. Persistence by Age: WhenDoes Crime Propensity Decline?

11. Persistence by Age: Violence

12. Maturational Trajectories
Theory: Kids do crime because they are…..well, kids
Pyschosocial Development & Maturity
Autonomy
(Social) Identity
Emotional Regulation
Risk Taking
Social Judgment
Experience and Knowledge
Cognitive Functions
Thinking and Reasoning
Understanding Law
Anticipate Consequences
Reasoning
Impulsivity
Peer Influence
Legal Socialization
The Chicken Game
Risk taking without deliberation
Peer influences are real

13. Organic Development Evidence from Natural Science
There are frontal lobe functions that map to maturity
“Starting the engines without a skilled driver”
Areas of frontal lobe development show largest differences between juveniles and adults
Brain maturation continues well beyond age 18, into the early 20’s
Puberty
So, where is the boundary between adolescence and adulthood?

14. Limitations of the Science
Based on MRI’s
Longitudinal? Samples?
Tasks?
Recognition of facial emotions
‘Cold’ v ‘hot’ cognitions
Comparisons?
13 v 25 ? v ?
Does this help parse maturity in 16 – 17 – 18 age range, when law differentiates “responsibility”
Specific coordinates for specific functions?
Dispositive ?

15. Cumulative Rates of Maturation