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 A NEWSLETTER OF RECENT DEVELOPMENTS IN JUVENILE LAW AND RESEARCH PROVIDED BY THE NATIONAL JUVENILE JUSTICE PROSECUTION CENTER
Volume I, Issue 6, December 2003
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RECENT CASES
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| JUVENILE SENTENCING (FEDERAL) |
U. S. v. Juvenile (C.K.), __ F.3d __ (9th Cir. 2003)—The Ninth Circuit held that “the primary purpose of the FJDA [Federal Juvenile Delinquency Act] remains to rehabilitate children who have committed criminal acts, assisting them to become successful and productive members of their communities.” The court reversed a district court order committing a 14-year-old sex offender into custody until his 21st birthday as inconsistent with the offender’s rehabilitative needs. “[S]o long as a juvenile remains within the auspices of the FJDA for sentencing, he or she is presumptively capable of rehabilitation, and any sentence imposed by a district court must accord with this presumption.” The court went on to say that the FJDA “disfavors institutionalization and in particular the warehousing of young people away from their communities,” and as a result, juveniles under federal sentences must be “confined in the least-restrictive environment that will support their continued rehabilitation.” A dissenting judge criticized the court’s decision for failing to take account of the public safety needs served by confinement of dangerous sex offenders.
http://caselaw.lp.findlaw.com/data2/circs/9th/0230253p.pdf
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RIGHT TO COUNSEL
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In Re Kevin S., __ Cal. App. 4th __ (Cal. Ct. App. 2003)—The California Court of Appeals holds, apparently for the first time in a California precedential opinion, that juveniles in delinquency proceedings have a right to court-appointed counsel on appeal. As a result, the Court held, appointed counsel who wish to withdraw on the ground that the appeal has no merit must follow the procedures of Anders v. California, 386 U.S. 738 (1967) and People v. Wende, 25 Cal.3rd 436 (1979).
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2003/b164799.html
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INSANITY DEFENSE
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Arkansas Attorney General Opinion—The Attorney General of Arkansas has issued an opinion stating that the insanity defense is not available to juvenile respondents in that state. The opinion analyzes recent Arkansas Supreme Court decisions in reaching its conclusion. The insanity defense would be available to a juvenile prosecuted in an adult criminal proceeding.
http://www.state.ar.us/ag/opinions/docs/2003-301.html
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A Second Chance For Young Felons, ROCKY MOUNTAIN NEWS—“Ten years after its creation, [Colorado’s Youthful Offender System] will continue only if it passes a legislative review in the session that begins in January. ‘There's been talk about YOS being on the block,’ said Denver District Attorney Bill Ritter, who helped shape the program. ‘That would be bad for us because the only option would be the Department of Corrections (adult prison). These are difficult times, but this is a place where the state should not become penny-wise and pound-foolish.’”
http://www.rockymountainnews.com/drmn/state/article/0,1299,DRMN_21_2412095,00.html.
Related stories at http://www.rockymountainnews.com/drmn/state/article/0,1299,DRMN_21_2411738,00.html and http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_2411735,00.html
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Justice System Is Tested When Accused Killer Is 6, ST. LOUIS POST DISPATCH—“When a 6-year-old boy is accused by police of intentionally killing his own grandfather, the juvenile justice system is tossed into a peculiar predicament.… Winston Rutledge, juvenile court administrator for Cole County, [Missouri,] decided Friday to make the boy a ward of the court. He will not face criminal charges, Rutledge said, for several reasons, including the child's age. Instead, the boy will be turned over to the juvenile court for treatment and supervision. Under Missouri law, a young offender is under the jurisdiction of the juvenile court unless he or she is certified to face criminal charges as an adult.”
http://www.stltoday.com/stltoday/news/stories.nsf/News/St.+Louis+City+%2F+County/812CBE6C6
A442E8886256DE000002505?OpenDocument&Headline=Justice+system+is+tested+when+accused+killer+is+6
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FBI May Collect Juveniles' DNA Bill Challenged On Privacy Grounds, USA TODAY—“DNA profiles from hundreds of thousands of juvenile offenders and adults arrested but not convicted of crimes could be added to the FBI's national DNA crime-fighting program under a proposed law moving through Congress.”
http://www.usatoday.com/usatonline/20031117/5684972s.htm
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Juvenile Crime Remains Down, HONOLULU ADVERTISER— “Serious juvenile crime in Hawai'i reached a record low for the fifth consecutive year in 2002, according to a report released by the Attorney General's office yesterday. There were 2,499 juveniles arrested in Hawai'i last year for serious crime. Of that number, 2,159 were arrested for property crimes, mainly theft.…The 2002 figure marks an almost 48 percent decrease over the past decade.”
http://the.honoluluadvertiser.com/article/2003/Oct/30/ln/ln03a.html
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Indicators of School Crime and Safety, 2003, BUREAU OF JUSTICE STATISTICS—BJS has released its latest edition of the annual compilation of school crime statistics. “[It] presents data on crime at school from the perspectives of students, teachers, principals, and the general population. A joint effort by the Bureau of Justice Statistics and National Center for Education Statistics, the report examines crime occurring in school as well as on the way to and from school. It provides the most current detailed statistical information to inform the Nation on the nature of crime in schools.”
http://nces.ed.gov/pubs2004/2004004.pdf
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Preventing Drug Abuse Among Children And Adolescents, NATIONAL INSTITUTE ON DRUG ABUSE—In this Second Edition of its publication, the NIDA (an affiliate of the National Institutes for Health) presents what it calls “research based prevention principles” for drug abuse prevention programs. The report is subtitled “A Research-Based Guide for Parents, Educators, and Community Leaders, Second Edition” and is described on NIDA’s Web site as “offer[ing] updated principles, new questions and answers, new program information, and expanded references.”
http://www.drugabuse.gov/pdf/prevention/RedBook.pdf
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WEB RESOURCES
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National Center for Juvenile Justice—The NCJJ is the research and publishing affiliate of the National Council of Juvenile and Family Court Judges. On this Web site the NCJJ makes available a substantial volume of written material on Juvenile Justice issues, much of it available at no or nominal cost. In addition, NCJJ has recently made available to the public, through its Web site, portions of its monthly publication, Juvenile and Family Law Digest Case Highlights, normally available only to members of the NCJFCJ.
http://ncjj.servehttp.com/NCJJWebsite/main.htm
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U.S. Citizenship and Immigration Services—This newly created federal agency is a subdivision of the Department of Homeland Security and is the successor to the Immigration and Naturalization Service. On its Web site the USCIS, and its division, the Bureau of Citizenship and Immigration Service (BCIS), offers all of the statutes and regulations governing immigration and a substantial library of internal memoranda and other documents interpreting those laws and giving direction to field personnel, as well as the records of administrative decisions and appeals of the agency, including those created by the former INS.
http://uscis.gov/graphics/lawsregs/index.htm
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 This information is offered for educational purposes only and is not legal advice. This project was supported by Award No. 2002-MU-MU-0003 from the Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position of the United States Department of Justice, the Office of Juvenile Justice and Delinquency Prevention, the National District Attorneys Association, or the American Prosecutors Research Institute. |
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