Ohio Legislators Propose Bill Giving Kids the Right to Counsel in Interrogations

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Earlier this month, in a narrow 4-3 decision, the Ohio state Supreme Court ruled juveniles are not entitled to the many of the same legal protections as adults, including the right to counsel during police interrogations that occur before charges are filed. Now, several state legislators are responding, proposing a law that would overrule the high court’s decision. Ohio state Minority Whip Rep. Tracy Maxwell Heard, a Columbus-area Democrat, began drafting the proposed bill a year before the Oct. 3 Supreme Court ruling, The (Cleveland) Plain Dealer reports. The General Assembly proposal, co-sponsored by Rep. Ross McGregor, a Republican from Springfield, requires juveniles be informed of their right to counsel - either with an attorney or a parent or guardian - prior to police interrogations.

Sexual Trauma Marks Girls’ Path to Juvenile Justice System

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When Crystal Contreras was seven and living in Los Angeles, her mother put her in the care of someone Contreras saw as a father figure. Instead, he pressured the little girl for sex. For the next three years, until she was 10, the man raped her regularly, often creeping into the house at night without her mother’s knowledge. “I never said nothing to my mom,” Contreras told JJIE.org during an interview in July. “I was scared he would kill her or hurt her or hurt the animals that I had.

The Juvenile Justice System Is Not a Hammer and Kids Are Not Nails

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Johnny was arraigned for probation violation. He is 15 and of small stature. He was originally placed on probation for residential burglary -- the party to a crime kind where misery likes company. His violations were technical -- not a new crime. He is simply not complying with the rules of probation -- specifically curfew, marijuana and failing to follow directions at the evening reporting center -- our afterschool program designed to break-up the anti-social peer network.

Should 24-Year-Old Offenders be Considered Juveniles?

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LAS VEGAS -- When the National Partnership for Juvenile Services annual symposium opened, Jason Bowser, a youth service director from Columbus, Ind., told an executive committee that one of the standing committees was focusing on the question of “What is a juvenile?”

It might seem an odd question for a gathering of folks who specialize in working with youth in the juvenile justice system, but really the question, even when not spoken, would be present in training sessions across the three-day symposium held here this week. Nor is it just a hypothetical question because nearly 250,000 young people under the age of 18 end up in the adult criminal justice system every year, according to the National Institute of Corrections report, “You’re an Adult Now: Youth in Adult Criminal Justice Systems.”

Liz Ryan, president and CEO of the Campaign for Youth Justice -- in a session reflecting the “Adult Now” theme -- reminded everyone that New York and North Carolina still consider juveniles to be adults at the ages of 16 or 17 in criminal proceedings, whereas in the rest of the states it’s 18. Ryan said a new report shows that each year 100,000 young people get sent to an adult facility and on any given day approximately 10,000 of them are in an adult facility. Once there, the correction system managers do have rules that treat the juvenile differently from the mainstream adult population. At times that means putting the kids into isolation.

FCC Looks Likely to Cap Phone Rates for Prisoners

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Nine years since it was first petitioned to do so by families of people behind bars, the Federal Communications Commission appears closer to imposing a limit on the soaring rates some prisoners have to pay to make interstate telephone calls. It won’t say when it will take action, however. The FCC’s consumer advisory committee submitted a list of recommendations last month urging the FCC to ensure that prices for phone calls from prison are kept to “reasonable” levels. And both the FCC Chairman Julius Genachowski and FCC Commissioner Mignon Clyburn have come out in support of limiting charges by private companies holding monopolies over prison telephone service in many states. The push to cap prison phone rates started when Martha Wright, a grandmother who could not afford to call her grandson when he was incarcerated, filed a petition in 2003 asking the FCC to take regulatory action.

When the Fear Returns

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The first time I saw a stabbing victim was my second day in prison. I heard screams coming from the hallway, and then an officer came into view, dragging a prisoner by his shirt. The victim was moaning in pain and the officer was asking him who “stuck” him. I stood holding the bars, watching the scene with a kind of detachment that made it surreal. I was terribly frightened.

California Guarantees Chance at Parole for Juveniles Facing Life Sentences

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With the signature of Governor Jerry Brown, California, minus a few exceptions, joins the handful of states that guarantee an opportunity at parole to juveniles convicted of murder. After serving 15 years, most of California’s roughly 300 so-called juvenile lifers will get a chance to ask for something they thought they would never see: a reduced sentence. The new law allows judges to reduce a life-without-parole sentence to a 25-years-to-life sentence. That means the possibility of an appointment with the parole board. “It’s very exciting, it’s huge,” said Dana Isaac, director of the Project to End Juvenile Life Without Parole at the University of San Francisco School of Law.

Georgia at Work on Juvenile Justice Reforms for Next Year

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With technical assistance from the Pew Center on the States, a Georgia blue ribbon panel is studying the state’s juvenile criminal justice system, charged by the governor with recommending policy changes. “We’re not at the point of drafting anything yet. We’re still assimilating and gathering data, system driver data,” said state Court of Appeals Judge Mike Boggs, co-chair of the Special Council on Criminal Justice Reform. The 21-member council of mainly judges and attorneys was renewed by Governor Nathan Deal earlier this year to study and recommend policy for both the adult and juvenile justice systems.

Boggs was speaking at the end of the latest in a series of juvenile justice presentations by the Pew Center on the States, this time focusing on recidivism. Pew says its data suggests the best programs to fight recidivism find and focus on the most at-risk kids.

Pennsylvania High Court to Make Make Key Call on Juvenile Life Sentences

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The Pennsylvania Supreme Court is hearing oral arguments today that may lead to a chance at parole for more than 400 inmates convicted of murder as minors. The Court is deciding if a June 2012 U.S. Supreme Court decision is retroactive, and if so, what sentence should be given to two convicts in today’s cases. The federal court, in Miller v. Alabama, said that minors convicted of murder have a right to present mitigating factors — such as the immaturity of youth — to sentencing judges. That invalidates one-size-fits-all mandatory life without parole sentences listed in federal and 28 states’ statutes. “It’s about retroactivity and also resentencing,” said Marsha Levick, deputy director of the Juvenile Law Center in Pennsylvania, who is arguing for retroactivity before the court.

Report: Make Families of Detained Juveniles Part of the Solution

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Every day, nearly 50,000 children are forced to spend the night away from their families because of their involvement in the juvenile justice system, according to a new report. It’s not as if these youth have no one to care for them. Families of young detainees care deeply about their children, but often feel helpless when their children get into trouble -- especially in the face of high adult incarceration rates, zero-tolerance school policies and reduced social services, which can make it difficult for families to offer support. Add to this a juvenile court system that practically shuts out family members from receiving or offering input, and the feelings of frustration and helplessness multiply. These are the findings of Families Unlocking Futures: Solutions to the Crisis in Juvenile Justice, a report released Monday that offers a blueprint for reforms that involve family members at every step when a child gets into trouble, whether at school or in the juvenile justice system.