New Jersey Sexting Bill Stresses Education Over Prosecution for Teens

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A bill moving through the New Jersey Legislature would force kids caught sending sexually explicit photographs and videos through their cell phone to attend an intense education program rather than face prosecution.  The measure, A-1561, passed the Assembly 78-to-0 in March and now moves to the state Senate for final approval. “Sexting,” as the practice is known popularly, has recently been in the news thanks to U.S. Rep. Anthony Weiner (D-NY) who was caught sending lewd photos of himself to female constituents.  As JJIE.org reported recently, Weiner will likely face fewer consequences than many teens found sexting, who may face child pornography charges. “Teens need to understand the ramifications of their actions, but they shouldn’t necessarily be treated as criminals,” Assemblywoman Pamela Lampitt (D-Camden), a co-sponsor, told NewJerseyNewsroom.com. The education program would teach participants about the possible legal and social consequences of sexting.  Juveniles who successfully complete the education program would not face trial. A second co-sponsor, Assemblywoman Celeste Riley (D-Cumberland), said the measure would help kids who make a mistake not “pay for it in court.”

 

Supreme Court Strikes Down Ban on Sale of Violent Video Games to Children

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The U.S. Supreme Court Monday struck down a California law banning the sale of violent video games to children in a 7-to-2 decision.  The majority opinion in Brown v. Entertainment Merchants Association, written by Justice Antonin Scalia, equated video game content with that of books and films.

“Like the protected books, plays and movies that preceded them, video games communicate ideas — and even social messages — through many familiar literary devices (such as characters, dialogue, plot and music) and through features distinctive to the medium (such as the player’s interaction with the virtual world),” Justice Scalia wrote. “That suffices to confer First Amendment protection.”

Justice Scalia wrote that violence in literature and art have never been subject to government regulation. “Grimm’s Fairy Tales, for example, are grim indeed,” he wrote. The California law defined violent video games as “patently offensive” when “the range of options available to a player includes killing, maiming, dismembering or sexually assaulting an image of a human being” and lacked “serious literary, artistic, political or scientific value. Stores that sold violent video games to minors would have been subject to $1,000 fines.

Georgia’s Juvenile Judges Face Uncertain Situation as Compact Expires

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Beginning July 1, Georgia’s juvenile court judges will face a new, unprecedented set of challenges.  That’s the first day Georgia will no longer operate under an agreement that allows for the transfer of delinquent juveniles and runaways between the states. Georgia is the only state in the nation that has not already adopted or is not set to adopt the Interstate Compact for Juveniles (ICJ), an update of a previous compact established in 1955.  Currently, Georgia functions under the 1955 compact.  The Interstate Commission for Juveniles, the governing body of the ICJ, gave Georgia three extensions to pass legislation so the state could enter the new compact (in 2008, 2009 and 2010).  Since the Legislature failed to enact the needed legislation in 2011, Georgia will not be given any more extensions, officials at the compact say. The compact provides a framework that allows the seamless transition of juveniles from one state to another.  Without the compact, Georgia’s juvenile judges are left “scratching their heads,” Judge Mary Carden, a juvenile judge in the state, said.  “Nobody knows what’s going to happen.”

When asked if individual agreements between judges in neighboring states could be worked out, Judge Carden said, “I don’t think that’s realistic.”

“The numbers to deal with are great,” she said.  “It will take an inordinate amount of time and effort.”

Judges face enormous workloads, she said.  “It’s very difficult for me to get in touch with judges in other courts.”

The Interstate Commission for Juveniles' executive director Ashley Lippert said the commission's attorney has discouraged side deals.

Supreme Court Gives Juveniles Protection in Police Interrogations

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[This article was reprinted with permission from YouthToday]

The U.S. Supreme Court ruled today in a 5-4 decision that said a police officer must take a child’s age into consideration when determining whether to issue a Miranda warning to a juvenile suspect. The case, J.D.B.v. North Carolina is the latest in a string of cases in which the high court has applied protection to certain groups of juveniles. The court banned the juvenile death penalty in the 2005 Roper v. Simmons case, and last year ruled in Graham v. Florida that life without parole sentences were unconstitutional for juveniles convicted of any crime other than homicide. “This represents the court’s settled commitment to its view that kids are different,” said Marsha Levick, deputy director and co-founder of the Philadelphia-based Juvenile Law Center. “It’s just a further shoring up of that direction they’ve been moving in for last several years.”

Justice Sonia Sotomayor, writing for the majority, said, “So long as the child’s age was known to the officer, or would have been objectively apparent to a reasonable officer,” law enforcement and the courts must factor age into a decision to give a Miranda warning to a juvenile suspect.

On Demand: Underage Sex Billboard Campaign Targets Johns, Pimps

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The Juvenile Justice Fund’s A Future. Not A Past. effort has a new tool in its ongoing campaign to “disable the demand for child sexual exploitation” in Georgia. The Outdoor Advertising Association of Georgia has agreed to donate space to the Atlanta-based non-profit victim’s advocacy group to run billboard ads throughout metro Atlanta. Unlike previous efforts by other organizations focused on raising awareness among victims, these ads are unique in that they will target the demand side – specifically the pimps and johns who partake in child prostitution.

Juvenile Justice, Criminal Justice Reform On Governor Deal’s Radar, Policy Staffers Say

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Criminal justice reform – including juvenile justice – is among Georgia Gov. Nathan Deal’s top priorities during his tenure, according to a key member of his policy staff. “As a former juvenile judge this is certainly one of his passions,” said Public Safety Policy Advisor David Werner during the “A Conversation with the Governor's Policy Staff” event hosted Wednesday by the non-profit Voices for Georgia’s Children. “His son is also a juvenile court judge in Hall County.”

The governor’s Deputy Chief of Staff for Policy Erin Hames and Health Policy Advisor Blake Fulenwider also participated in the forum attended by about 85 representatives from child advocacy organizations at the Georgia Freight Depot building. Werner said the bi-partisan commission Gov. Deal assembled earlier this year to study criminal justice reforms and make recommendations to a joint legislative committee by January will likely step up its efforts starting next month. The effort is being led by the Pew Research Center.

Georgia’s New Sex Trafficking Law Step In Right Direction, Advocacy Group Says

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In less than two months, on July 1, a human trafficking law that toughens the penalty for sex traffickers and seeks to improve outcomes for victims will officially become law in Georgia. Georgia Gov. Nathan Deal signed HB 200 into law earlier this month. Advocates are praising the measure for many of its key provisions, including that it treats those in sexual servitude as victims; not criminals, allows victims to provide “an affirmative defense” when coming forward and for penalties that allow the state to seize any real or personal property used or purchased by a convicted trafficker. The fact that law enforcement agencies will also receive training on ways to identify and interact with human trafficking victims is also being touted as important progress. Here’s what Renee Kempton, the Atlanta Ambassador for the national non-profit Stop Child Trafficking Now (SCTN) had to say about the measure.

It’s Official: Governor Deal Signs Juvenile ‘Good Behavior Bill’ Into Law

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Lorena Padron, 18, and Maria Calderon, 19, were all smiles this afternoon as they flanked Governor Nathan Deal in his office. With a stroke of a pen, the governor signed HB 373 into law, giving both of them and thousands of others with a track record of good behavior and academic success in Georgia’s Regional Youth Detention Centers (RYDCs) and Youth Development Centers (YDCs)  a chance to substantially reduce their time in custody. Known as the “Good Behavior bill,” the measure passed in the 2011 legislative session that ended last month also gives juvenile court judges more discretion. “I feel very good, I’m very happy,” said Padron, after the signing ceremony at the state capitol. “I feel like I can begin my life again, like I’ll be able to go home and help my family.

Gov. Deal Signs Human Trafficking Bill Into Law

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The human trafficking bill that toughens the penalty for sex traffickers and seeks to improve outcomes for victims has been officially signed into Georgia law.  

A small crowd of supporters gathered around Governor Nathan Deal Tuesday afternoon as he signed HB 200 at My Sister’s House in the Atlanta Mission. The legislation was introduced this year by Rep. Ed Lindsey (R-Atlanta) and passed within the same legislative session, which wrapped up last month.  

The governor and his wife, First Lady Sandra Deal, shared encouraging words to the families of trafficking survivors during the signing event. Both commended child advocates for remaining vigilant in their work to eradicate child sex trafficking.

Revived Runaway Act, Good Behavior Bill Close Out 2011 Legislative Session

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When Rep. Tom Weldon (R-Ringgold) passed Barton Child Law and Policy Center Policy Director Kirsten Widner in a crowded hallway in the state capitol Thursday evening, he couldn’t resist passing on kudos. “You’ve had a good day,” he said, leaning in with a smile and an outstretched hand. “You’ve had a good day too,” she responded, with a grin and firm shake.  

That exchange, in many ways, summed up the reaction many state child advocates and members of the Georgia General Assembly have expressed about the official close of the 2011 legislative session. And it’s not so surprising.