Kids – Not Parents – Get to Call the Shots in Court Under New Code

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Parents are not always the best advocates for children charged with crimes. In fact, parents may be uninvolved, absent, or even hostile, experts told state senators as they discussed proposed changes to Georgia’s juvenile code. Some of those experts were young people who’ve been through the juvenile justice system. They are identified by first names only:

Giovan, 20, was only 11 months old when he entered foster care. By 12, he was also in the juvenile justice system, declared unruly for cursing at foster parents he says repeatedly told him he was worth nothing.

Normer Adams: Downing Clark Center

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On February 4, 2010, Downing Clark Center's (DCC) license to provide residential care for 72 behaviorally disturbed children was revoked by the Office of Residential Child Care (ORCC).  This revocation was based on nine alleged violations of licensing rules for Child Caring Institutions that came to "light" as a result of a "riot" on January 5, 2010.  Downing Clark Center appealed this revocation.  On September 23, Administrative Law Judge Steven W. Teate's ruling reversed this revocation of license and removed seven out of the nine violation citations that led to this revocation.  Two low level safety risk violations of licensing were substantiated by Judge Teate. On the evening of January 5, 2010, a prank 911 call was made to the Gordon County Sheriff’s Department from the Downing Clark Center in Gordon County by one of the residents with a contraband cell phone. Staff immediately advised the arriving deputies that there was no disturbance and everything was in order. Against the staff's requests, 27 more deputies arrived and initiated what became a full scale police riot.  These male officers barged into this all girl facility against the repeated pleas of staff.  After the deputies exchanged racial slurs and sexist comments with the residents, 20 behaviorally and mentally challenged girls were taken to jail on a variety of charges. Judge Teate could find no basis for the deputies entering the facility based on a prank 911 call.  Video of the entire night clearly showed the facility in order and in control by the staff when the deputies arrived. The deputy’s verbal testimony did not match what the Judge saw on the video.  No disturbance was seen on the video. The video showed no doors breached, no screaming in the hallways and no "total chaos" in the facility.

Poll Shows People Believe That Kids Can Be Rehabilitated

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Georgia has some of the toughest juvenile crime laws in the nation that focus more on punishment than rehabilitation. A new report suggests that the public may have different attitudes.  Some highlights:

People believe rehabilitation and treatment can reduce crime AND are willing to pay extra taxes to provide those services;
They support rehabilitation even for young people who commit violent crimes;
They oppose young offenders being sent to adult criminal court without an individual determination made in each case;
They agree that non-white youth are more likely than white youth to be prosecuted as adults; and
believe strongly in a separate juvenile justice system. These findings are from the National Juvenile Justice Network’s recently updated “Polling on Public Attitudes About the Treatment of Young Offenders.” The information was collected between 2005 and 20007 and the document also looks back at public attitudes during the 1990’s. To read the full document, click here.

How Social Media Can Help or Hurt in Court

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Teens have been warned that what they post on Facebook, Myspace and other social websites can affect their chances at getting into college or landing a job. Now, judges and attorneys are using these online profiles in court, which could hurt or help. Criminal defense lawyers sometimes consider reviewing social pages as important as reviewing medical and school records and other background information, according to the New York Law Journal. Teens often post pictures of their wild exploits and share information through posts and comments. This kind of personal disclosure can undermine statements they make in court and lead to a longer sentence.

11 year old Boy Arrested at School for Beating 94 year old Man

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Cobb County Police went to an elementary school to arrest an 11 year old boy for a brutal assault. A second boy, who is 15, surrendered to police.  According to WXIA TV, they’re accused of beating 94 year old Paul Smallwood at his home over the weekend.  Both face multiple charges, including armed robbery, aggravated assault, and violation of the Georgia Gang Act.

Tough New Teen Driver Law Proposed

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A Federal bill called the STANDUP Act (Safe Teen and Novice Driver Uniform Protection Act) aims to save lives behind the wheel. But it could mean new restrictions for teen drivers in Georgia and across the nation:

Conditional driver’s licenses for all teens under 18. Learner’s permit starting at 16. New limits on teen driving at night. No more than one passenger under age 21 while a teen is at the wheel.

Why Teenage Boys Fight: New Research Identifies Risk Factors

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African American and Latino boys are more often involved in fights, according to researchers who study racial and ethnic risk factors for fighting. They surveyed more than 4,000 teenagers in California, between the ages of 12 and 17 and found:

27% of African American teens reported fighting
24% of Latino teens say they fight
16% of white teens fight
6% of Asian/Pacific Islander teens fight

The study, reported this month in the Journal of Academic Pediatrics, found that alcohol and smoking increased the odds of fighting among whites and Latinos. Poverty was a factor for African Americans.  White kids who got more support from their families had fewer fights, while Latino kids who got more support at school were less likely to fight. The research concludes that prevention efforts should be tailored to these differences, as well as family and community factors.

Ken Trump: Stop Protecting Hamburger Better Than School Kids

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Fast food restaurants and shopping centers for years have had better security than many schools.  Yet there are still people questioning security measures, such as cameras and police officers, being placed in our schools. In most fast food restaurants, you can only enter through a limited number of open doors.  When you step inside, you are usually promptly greeted and asked how you can be helped. Many of these facilities have surveillance cameras inside and out, and even at the drive-through windows. Too often, we still do not see this level of security in some of our nation’s schools . Seriously – think about it:  For years we have protected hamburger better than our school children and teachers. I find it interesting not only many students, but also many adults, don’t have a problem with police, security cameras, and other protection measures for their suburban shopping mall security or at a fast food restaurant.  Yet some of these same individuals believe we should have a lower standard of protection for students and teachers in schools.

Flood of LWOP Cases Under Review

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The Supreme Court decision to ban life-without-parole sentences for juveniles who didn’t kill anyone has turned Florida’s legal system upside down, according to the Miami Herald. The Graham decision echoes the idea that because a teen’s brain is not fully developed, he or she deserves a chance to change. More than 100 cases in the state of Florida are eligible for resentencing, but the courts are struggling to figure out an alternative sentence to life without parole. Some state officials feel that certain prisoners have no chance of changing and will only reoffend if released on parole. Others feel this decision could force prisons to focus more on rehabilitation, especially for juvenile offenders, and lead to less recidivism.

Babysitter Murder Case to Stay in Juvenile Court

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The 11 year old babysitter accused of killing a toddler in Sandy Springs will face charges in juvenile court, not adult court.  As expected, the Fulton County D.A.’s office made the only decision possible under Georgia Law.  The 11 year old is too young to be charged as an adult, despite public outrage over the death of 2 year old Zeyda White. The toddler somehow received a fatal blow to the head while in the care of the pre-teen babysitter last Saturday night. The youngster appeared in juvenile court Wednesday for an initial hearing and remains in Metro’s Youth Detention Center.  In general, juvenile court cases move through the system much faster than cases in adult court.   As the case unfolds, it will be heard by a juvenile court judge, not a jury.  The child will be represented by a defense attorney.  If found guilty, the child may be sent to a secure detention center for up to five years, with possible 12-month extensions at the discretion of the judge and the Department of Juvenile Justice, until the age of 21. Also reporting this story:

Myfoxatlanta.com

Examiner.com