Comments on: Think of the children

By: Gideon

Gideon — Tue, 18 Sep 2012 02:52:46 +0000

So sad. We’ve got to stop being so rigid in our criminal justice system.

By: Miranda

Miranda — Mon, 17 Sep 2012 16:55:05 +0000

I asked a colleague who’s been doing this a lot longer than me. Based on his experience, he’d estimate the grand jury approval rating for determinate sentencing at “better than 95%.” He also estimates that the State seeks determinate around 80-90% of the time when certification is denied. As an example of when the State wouldn’t ask for determinate when certification was denied, he said that there may be a policy that the DA screens for certification for ANY first degree felony, even if they know certification will be denied. They may feel that determinate isn’t appropriate since they were only screening because it’s policy (AWESOME police, you guys!). He did go on to say that what troubles him most are the aggravated robberies where the child is not the gunman. In those cases (depending on the court), certification is likely to be denied, but determinate will almost always be pursued, which means a 15 year old kid will get a permanent record and risk up to 40 years in adult prison for being an accomplice. (Texas uses “law of parties,” which holds any actor responsible for the other actors’ behavior when they commit an offense together).

By: Constitution Day Jumpstart

Constitution Day Jumpstart — Mon, 17 Sep 2012 14:10:10 +0000

[...] A 13-year old Florida boy is facing murder and sexual assault charges as an adult, exposing him to life in prison. He’s thirteen. Think of the children. [...]

By: Miranda

Miranda — Mon, 17 Sep 2012 13:57:53 +0000

I don’t know the rate of grand jury’s returning determinate petitions. I’ll look into it.

By: What You May Have Missed | Juvenile Justice Blog

What You May Have Missed | Juvenile Justice Blog — Sun, 16 Sep 2012 00:07:05 +0000

[...] recent compelling blog post on children as the long “forgotten sector of the criminal justice system,” which begins [...]

By: Gideon

Gideon — Sat, 15 Sep 2012 12:57:27 +0000

That’s just terrible. What is the rate of grand juries granting “determinate sentencing”? At least here in CT, the maximum penalty in juvenile court is up to 4 years in detention or some similar treatment program.

What are we teaching our kids? Sigh.

By: Christoffer Eldrich

Christoffer Eldrich — Fri, 14 Sep 2012 17:49:57 +0000

I shudder when I actually think of the children after reading this post. Quite a thought-provoking article.

By: Miranda

Miranda — Fri, 14 Sep 2012 17:32:03 +0000

Thanks for this post. I am actually that rare and beautiful butterfly that voluntarily left criminal defense to do juvenile defense. And I have often uttered the phrase (I’m not a social worker!) to myself, if not to colleagues, despite the fact that my work often involves elements of social work (hey mom and dad – that sociology degree is working out after all!). I practice in Texas – Texas!!! – and I cannot believe the transfer laws in such “enlightened” places like CT. Wow, just wow.

In Texas we have an informal hearing and the judge decides whether the child is tried as an adult (we call it certification or transfer, depending on the locale). Our rates of that have been decreasing in the last few years, which make us look great. On paper. But, we also have this nasty little hybrid called “determinate sentencing,” where (upon grand jury approval) the child is tried in juvenile court. If convicted the judge (or jury, if the child chooses), then can sentence the child to a term which the child will begin to serve in the juvenile system. Upon aging out of the juvenile facility, the child can be released on parole or transferred to the adult prison to finish his or her sentence. There is a list of offenses for which determinate sentences can be sought. That’s a brief overview.

The worst part of this – there is no minimum age. Any child old enough to face prosecution in juvenile court (10 years old here) can get a determinate sentence. Maximum sentences can be anywhere from 10 years for a 3rd-degree felony to 40 years for a 1st-degree, capital or “aggravated controlled substances” felony. So our prosecutors follow this little song-and-dance: Ask the judge to certify the kid. If the judge refuses, return to the grand jury and get the petition amended to seek determinate sentencing. Screw kid and flush future down the drain. Repeat.