justice jurisdiction: Current practices and the need for reform May - PowerPoint PPT Presentation

Emerging Adult Justice Project Defining the age of juvenile justice jurisdiction: Current practices and the need for reform May 29, 2018 World Congress on Justice for Children, UNESCO, Paris Lael Chester, Selen Siringil Perker and Yohana Beyene

Rightsizing Juvenile Justice System: AGE MATTERS Juvenile Justice (Delinquency) System Formal processing with rehabilitation focus Formal or informal processing Formal under civil law; processing community-based (with harsher family-centered sentences) mechanisms Adult Criminal Child Welfare Justice System System http://justicelab.iserp.columbia.edu/emergingAdultProject.html

CHALLENGE: Balancing fixed legal demarcation lines with developmental needs of youth  Dynamic developmental needs of youth • Childhood  Adolescence  Emerging/Young Adulthood  Adulthood  Growing variation in age of criminal responsibility (lower age) and demarcation line between juvenile justice and adult criminal justice system (upper age): • Over time: - Increasing research evidence on cognitive and emotional development of children and youth - International children’s rights movement: United Nations Convention on the Rights of the Child, Beijing Rules - U.S.A.: Recent legislative interest to increase both lower and upper age across the states • By Jurisdiction • U.S.A: State-by-state variation http://justicelab.iserp.columbia.edu/emergingAdultProject.html

Unsettled Lower Age of Juvenile Justice Jurisdiction: United States of America Source: Office of Juvenile Justice and Delinquency Prevention and National Juvenile Defender Center (2016) Edited and updated by Columbia Justice Lab in May 2018. http://justicelab.iserp.columbia.edu/emergingAdultProject.html

U.S.A. incarcerates youth at a substantially higher rate than any other country. International Youth Incarceration Rates (per 100,000 in 2010) USA 94.68 Cyprus 46.5 Colombia 37 Hungary 28.8 Romania 28.6 Costa Rica 27.02 Estonia 21.38 Hong Kong 20.87 Lithunia 20.7 Ukraine 20.23 Russian Federation 17.09 Australia 16.23 Kosovo 14.56 Mexico 14.09 Slovakia 12.69 Burundi 10.42 Austria 9.85 Bulgaria 7.09 New Zealand 5.8 Serbia 4.59 Sweden 2.29 Finland 1.01 Slovenia 0.58 Source: United Nations Office on Drugs and Crime (2011) http://justicelab.iserp.columbia.edu/emergingAdultProject.html

Rightsizing Juvenile Justice System: UPPER AGE Juvenile Justice (Delinquency) System Formal processing with rehabilitation focus Formal or informal processing Formal under civil law; processing community-based (with harsher family-centered sentences) mechanisms Adult Criminal Child Welfare Justice System System http://justicelab.iserp.columbia.edu/emergingAdultProject.html

Upper Age of Juvenile Justice Jurisdiction: United States of America • In the US, by 18 th birthday at the very latest, all youth are automatically tried and sentenced as an adult (same as a 50-year-old). • Youth under 18 can also be tried as an adult depending on the type of offense. Emerging Adults : A term first coined in 2000 by psychologist Jeffrey Arnett. It invokes the critical developmental period, in which a child who is dependent on parents or guardians for supervision and guidance (as well as emotional and financial support) transitions into a fully mature, independent adult who engages as a productive and healthy member of society. In the context of criminal justice, we define “emerging adults” as individuals transitioning from childhood to adulthood, from the age of 18 to 25. This population is also often described as “young adults” or “transition - age youth”. http://justicelab.iserp.columbia.edu/emergingAdultProject.html

Emerging adults have a disproportionately large share in adult criminal justice system with poor outcomes. Share of Emerging Adults in Criminal Justice, 3-Year Recidivism Rates U.S.A. 18-to 24-year-olds, U.S.A (2005 Release Cohort) 29% 21% Non-recidivist (24%) 10% Rearrested (76%) U.S.A. (2012) Share in population Share in arrests Share in incarceration Sources: Durose, Cooper & Snyder (2014); Council of State Governments Justice Center (2017). Source: U.S. Census, Federal Bureau of Investigation, and Carson & Gollinelli (2014) http://justicelab.iserp.columbia.edu/emergingAdultProject.html

Racial and ethnic disparities of emerging adults in the criminal justice system are stark. Incarceration Rates by Race and Ethnicity per 100,000 18-to 19-year olds, • Black male 18-to 24-year olds United States, 2013 568 compromised nearly 40% of all emerging adults admitted to state and federal prisons in the U.S.A. Overall, they are 7 to 9 times more likely to end up in prison compared 191 to their white peers. 56 • Racial and ethnic disparities are higher for younger cohorts (ages 18- White Hispanic Black 19). Source: Prisoners in 2012: Trends in Admissions and Releases, 1991 – 2012, NCJ 243920. Data Source : National Corrections Reporting Program yearend census records, National Prisoner Statistics program. http://justicelab.iserp.columbia.edu/emergingAdultProject.html

Relatively few emerging adults start criminal career after age 25, most “age out” of crime by 25. Age- Crime Curve 18000� Males� 16000� Females� 14000� 100,000� 12000� 10000� per� 8000� Arrests� 6000� 4000� 2000� 0� 10-12� 13-14� 15� 16� 17� 18� 19� 20� 21� 22� 23� 24� 25-29� 30-34� 35-39� 40-44� 45-49� 50-54� 55-59� 60-64� Age� group� Source: FBI Uniform Crime Report http://justicelab.iserp.columbia.edu/emergingAdultProject.html

Developmental factors and milestones in transitional period to adulthood http://justicelab.iserp.columbia.edu/emergingAdultProject.html

Opportunities for positive interventions • Individualized and effective treatment (e.g., MST-EA) • Family involvement (w/ family defined broadly) • Education (special educational services) and vocational training • Supervision and support • Community organizations with expertise and experience Most of these are deeply embedded in the juvenile justice system but not in the adult criminal justice system . http://justicelab.iserp.columbia.edu/emergingAdultProject.html

U.S. TRENDS in Emerging Adult Justice • Specialized courts – e.g., San Francisco, CA, and North Lawndale, IL • Specialized caseloads – e.g., San Francisco Probation Dept. • Specialized correctional units or facilities – e.g., T.R.U.E unit in the Cheshire Prison, CT, Middlesex County House of Corrections in Billerica, MA, and Mountain View Youth Correctional Facility, ME • Other special procedures/enhanced protections – e.g., special parole provisions in CA for individuals sentenced for offenses committed before their 26 th birthday • Hybrid/youthful offender statutes for youths beyond their 18 th birthday – e.g., CT, Washington D.C., NY and VT • Expansion of the juvenile justice system – Legislation filed in 2018 in 4 states: IL, CT, VT (to raise the age to the 21 st birthday with IL bill proposing to raise the age for misdemeanors first) and MA (to the 19 th birthday) http://justicelab.iserp.columbia.edu/emergingAdultProject.html

European Approaches to Emerging Adult Justice • 20 out of 35 countries (57%) provide for either the application of educational measures/rehabilitation provided by juvenile law or special rules concerning specific sanctions for young adults in the general penal law. • 18 out of 35 countries (51%) provide special rules in the adult criminal law concerning the mitigation of penalties for young adults. • 10 out of 35 countries (29%) provide for the mitigation of sanctions according to the general criminal law as well as the application of juvenile law sanctions. http://justicelab.iserp.columbia.edu/emergingAdultProject.html

GERMANY – interesting emerging adult justice model • Age of youth court jurisdiction in Germany o 14 th birthday to 21 st birthday o Since 1953, 18, 19 and 20-year-olds have been treated in youth justice system • Case outcomes involving emerging adults in Germany o 67% result in youth sanction; 33% result in adult sanction (mostly cases involving MV offenses) o Rape/murder: ~ 90% result in youth sanctions http://justicelab.iserp.columbia.edu/emergingAdultProject.html

Justice Lab’s educational trip to Germany (March 2018) Massachusetts delegation in Berlin Court House http://justicelab.iserp.columbia.edu/emergingAdultProject.html

Emerging Adult Justice Project Defining the age of juvenile justice jurisdiction: Current practices and the need for reform May 29, 2018 World Congress on Justice for Children, UNESCO, Paris Lael Chester, Selen Siringil Perker and Yohana Beyene