FINAL TIMELINE

FINAL timeline – domestic POLICY!
If we stick to this timeline and we are set…keep up the good work team!

Monday July 21 – compilation of all pieces, completion of outline and structure of report

Tuesday and Wednesday (the 22nd and 23rd) – writers fill in the gaps in the report, make cohesive all the pieces

BY WEDNESDAY the 23rd at MIDNIGHT, the writers MUST SEND their work to the editors. Send to Jessica and Selena, who will then coordinate with the other editors.

Thursday the 24th – editors work all day

Friday the 25th – BY 10 am, editors send document to Kim Harris

Kim will finish proofreading the document on Friday the 25th by MIDNIGHT and will send to JAVIER

WEEKEND (Saturday the 26th and Sunday the 27th)
Kim completes the Executive Summary by Sunday at NOON and sends to Javier so he can include it in the formatting

The front page, references, acknowledgements, bios and table of contents must also be done by SUNDAY AT NOON to give to JAVIER

Javier: completes layout by Sunday at 6 pm

Sunday at 6 pm until 10 pm – Karla (the Devil’s Advocate) meets with Javier to give a complete review of the report

PowerPoint group: works with Javier to complete the PowerPoint in a way that is consistent with the report’s formatting – PPT IS FINISHED BY SUNDAY at MIDNIGHT

MONDAY MORNING – 8 AM – Javier gives report to Maia on a memory stick. Maia takes the report to be printed.

Monday and Tuesday – presenters and powerpoint people practice
Wednesday – dress rehearsal
Thursday – presentation!

We got this!

notes from d.c. interview

The Sentencing Project interview:

-Waiver/ three strikes born out of “super-predator” threat which never came true

-Consequences of placing juveniles in adult facilities is recidivism with more violent crimes

-CDC report lists consequences of a youth as an adult

-Juvenile delinquents age out at age 24. With this in mind, waiver is a waste of resources if the youth was going to stop criminality anyway

-No life-altering, behavior influencing factors taken into account during waiver hearing

-Delinquents held in adult detention centers pre-adjudication—problematic

-Relationship between bond and DMC. Minorities are usually the ones with less access to pay bail.

-Many youth don’t’ understand the process they are going through. They end up in adult detention centers without understanding what happened between the time they initially stood before the judge and being held in an adult prison

-In adult system, there are no special programs. Not [really] obligated to educate a youth.

-Youth in adult court not judged by jury of own peers

-NJ very strong on restorative justice

-Youth continuing to commit crimes is a reflection of the system’s failures

-10-month= average length of hearing

-The adversarial relationship between the prosecutor and defense attorney in juvenile system is harmful to youth in trial (remember, point of system is rehabilitation)

-Outcomes of waiver—source: Jodi Lane

**This interview led us to conclude that we should focus on the recidivism aspect of waiver. With such high rates of recidivism it is clear not only that waiver is ineffective but also that waiver is actually more detrimental to the young delinquent AND the community. If the point of waiver is to protect the community, it is serving the opposite purpose—breeding more violent criminals.

Cindy Samuels interview

Information from Cindy Samuels interview:

-In 2006, 539 youth were waived in NJ

-No numbers on DMC—proposal: keep records, track data

-According to a study by the Miami Dade Public Defender’s Office, 90% of waived delinquents vs. 40% of those in juvenile court re-offended within a year, even controlling for nature of initial offense—proposal: need to keep track of those with longer sentences

-In practice, minorities are almost automatically waived

-Consider the criteria to grant waiver—sufficient/ adequate criteria?

-Getting rid of waiver would simplify everything. It would reduce suicides during incarceration, abuse in custody, recidivism, blemishing the records of juveniles for the rest of their lives (criminal conviction)

-Issues of reintegration: very limited services provided in adult institutions, thus youth not prepared to reenter into society—Pat Torbit

-Waiver= exceptions driving rules

-Need process o evaluate if person poses same risk at age 25 as he/she does at age 15

-Neurological development sources: mcfound.org, Lawrence Steinberg, “Youth on Trial,” Thomas Russo, Elizabeth Cauffman

-Waiver embodies the opposite idea of the juvenile justice system which is that kids are unredeemable

-Obligation as society to reform/ help kids?

-How, without waiver, would we address legitimate community concerns?

-A lot of overcharging (ex: kids work in groups—aggravating factor because this factor makes crimes more serious than they are)

-Restorative justice varies from county to county. Depends on budget discretion , etc.

-Reentry programs handled by State Parole Apparatus and private entities (contracted by State Parole Board)

-Vast majority of delinquents enter guilty plea bargains

-Sometimes offense that would require probation in adult court, require incarceration in juvenile court—pointless then to waive?

-NJ: 44,950 cases tried, 15,000 diverted, 21,000 formally adjudicated, of the 21,000, only 1,400 convicted

-Costs state less to incarcerate as adult ($20,000-$50,000) than as youth ($100,000+)—this is problematic.

-Waiver hearing: only provision is right to council. Probable cause is a very low standard for waiver consideration

-Need for cultural competency of attorneys—source: Kim Taylor Thompson, Hayward Burns Institute

Psychologists are essential in waiver hearings.

i've found some clarity. i just might not go crazy. I dug this out of LaShunda's posting a couple weeks back. I think it relates to Jessica's neurological section.



Psychologists are essential in waiver hearings.Since probable rehabilitation is a major issue, evidence must first be presented that connects the crime with an identifiable psychological disorder that can be treated. Psychological testimony is also important in establishing whether the prognosis for successful treatment is good or not. Determining the length of treatment needed to effect successful rehabilitation is also important, because it must be accomplished by the juvenile's 19th birthday.

one flew over the coo koo's nest

i hope i don't go crazy over the next few weeks. In light of Craig Levine's comments tonight how shall we proceed?

in a confused state of mind,

*drezzy

group 2

For group two...

Curtis: writing and preset
LaShunda: writing and present
Natalia: editing and present
Seyron: powerpoint and present (will assist in both writing and editing on an ad hoc basis)

greetings my fellow americans

i want to pass along an article that i found related to neighborhood violence and peer network cultures. its framework does not follow the gang violence model, but nonetheless a unique approach.

http://www.psc.isr.umich.edu/pubs/pdf/rr05-586.pdf

lovin,

*dre

Division of Labor

For group one, here are the roles we assigned ourselves:

Drea: edit and present
Javier: edit
Will: edit
Sarah: powerpoint, present and edit

timeline

good news everyone - although I know we feel stressed and are worried about completing our project, we are pretty much on track with where we planned to be.

so to cheer us up, I wanted to revisit our original schedule:

Date Due Content
URGENT Develop thesis
URGENT Assign roles
URGENT Begin research
Mon July 14 Checkpoint for Memo (half done)
Mon July 21 Written Memo (Rough) completed
Sun July 24 Written Memo (Final) completed
Mon July 28 Presentation Outline (Rough)
Mon July 28 PowerPoint done
Wed July 30 Dres Rehearsal
Th July 31 Presentation

So, it's the 14th, and we may not be 1/2 done, but we are close - and we will be finished with the rough draft by the end of the weekend.

So don't stress and we can do it! :)

Violence rates increase for youth transferred to criminal court

Just found a great study on juveniles who are waived and violence rates. Please read the abstract below. If this helps in your research, please refer to the full article.

Abstract: The independent, nonfederal Task Force on Community Preventive Services (Task Force), which directs development of the Guide to Community Preventive Services (Community Guide), has conducted a systematic review of published scientific evidence concerning the effectiveness of laws and policies that facilitate the transfer of juveniles to the adult criminal justice system, on either preventing or reducing violence (1) among those youth who experience the adult criminal system or (2) in the juvenile population as a whole.
This review focuses on interpersonal violence. Violence may lead to the juvenile’s initial
arrest and entry into the justice system and, for those who are arrested, may be committed
subsequent to exiting the justice system. Here transfer is defined as the placement of
juveniles aged less than 18 years under the jurisdiction of the adult criminal justice system,
rather than the juvenile justice system, following arrest. Using the methods developed by
the Community Guide to conduct a systematic review of literature and provide recommen-
dations to public health decision makers, the review team found that transferring juveniles
to the adult justice system generally increases, rather than decreases, rates of violence
among transferred youth. Evidence was insufficient for the Task Force on Community
Preventive Services to determine the effect of such laws and policies in reducing violent
behavior in the overall juvenile population. Overall, the Task Force recommends against
laws or policies facilitating the transfer of juveniles from the juvenile to the adult judicial
system for the purpose of reducing violence.

www.thecommunityguide.org/violence/mcgowanarticle4.pdf

Great Resource for everyone

The Macarthur Foundation has a research network on adolescent development and juvenile justice. It is a great resource for all 3 groups. So if you are having trouble finding some solid research, refer to this website and see if it can answer any questions have.

http://www.adjj.org/content/page.php?cat_id=2

Good luck,
Jessica

For Group 2 (if interested)

Hey group 2! I know I'm not in your group but I found this interesting study from the Macarthur Foundation regarding automatic transfers and drug offenses. It looks interesting. If you want, please take a look.

Executive Summary: The Illinois Juvenile Justice Initiative, a MacArthur Models for Change grantee, spearheaded a broad coalition in support of public education and advocacy efforts to limit the automatic transfer of juvenile drug offenders to adult criminal court. As a result, in 2005, Illinois repealed the law requiring 15- and 16-year olds to be automatically tried as adults for drug offenses within 1,000 feet of schools or public housing. Now, a study by the Initiative (PDF) on the impact of the repeal finds that the number of youth automatically sent to adult courts has been lowered by two-thirds, and there has been no increase in juvenile court caseloads. Illinois is one of the four core states along with Pennsylvania, Louisiana, and Washington participating in the Models for Change initiative, which aims to create successful and replicable models for juvenile justice system reform.

Report for Subgroups 3

Information about subgroup 3:

We are meeting today at 11pm! This meeting will be very brief becuase we will simply be turning in our summaries of our individual research assigments. We will get a copy of our findings to LaShunda and Sarah for the main paper.

Other subgroup leaders for the 1st and 2nd groups WE SHOULD MEET to make sure all subgroups are on one accord!

Also Kim H., Curtis, and I are still trying to schedule meetings in DC.

Possible Recommendations

Last Meeting we agreed that two suggestions we should explore further are:
1- Delayed rulings to allow time for maturation
2- Abolishing "zero-tolerance" drug policies in inner city schools so that minorities are not disproportionately targeted for drug-related crimes

Delegations

group 1-
origins of justice in waiver
prevention programs
restorative justice


group 2-
summary of current statute
bills and legislation
Costs of waiver process and having juvenile in adult prison
non-english speaking resources

group 3-
why does dmc exist? who is most affected?
neurological studies
re-entry programs
recidivism
imprisonment/ sentencing
possibility of rehabilitation

D.C. meetings?

Hello,
Kim (Harris) and Curtis, have we set up any meetings for our time in D.C.? Should we compile a list of questions or establish who will be attending the meetings?

Group 1 Topic Assignments

Hello Group 1!

Here are the topic assignments we agreed on:

Will:
parents and family influence
mental health
mentors

Javier:
anti-poverty programs
afterschool and extra curricular
community policing and neighborhood watch

Drea:
gang related problems
anti drug programs
access to jobs/work training
public housing

Sarah:
restorative justice
origins of waiver
theory of social problems leading to crime
theories of crime
zero tolerance laws

let's each put together a document going over the issues we're researching and then meet next week to divide up writing, editing and presenting. when can yall meet?

thanks!

Interview questions for future reference

1. On average, how many juveniles are waived from the juvenile courts to the adult courts?

2. What is the role of the waiver in the state of New Jersey? And do you think that role is being fulfilled? If not, what do you think can be done to make it more effective?

3. What is the rate of recidivism for juveniles who have been waived to the adult courts? What is the rate of recidivism for racial/ethnic minorities who have been waived?

4. What is the number of racial/ethnic minorities in the juvenile system? How many are waived each year?

5. What are the main offenses juveniles are waived for? What are the main offenses minorities are waived for?

6. Which area in NJ is most heavily populated by racial/ethnic minorities? Which area do most waived juveniles come from?

7. Do restorative justice programs exist in NJ? To what extent? Are they effective?

8. What percentage of waived juveniles use public defenders? Private attorneys?

9. Are there special programs for non-English speakers during the waiver process?

10. What are the demographics of juvenile judges and attorneys?

11. Demographics on juveniles who have been waived:

a. -family income

b. -educational attainment

c. -family structure

d. -family members in the justice system

12. What is the cost of keeping a juvenile in juvenile prison? What is the cost of keeping a person in the criminal system?

13. How many juveniles are actually convicted for an offense once waived? Is there a disproportionate number of minorities who are convicted?

14. Do you see a blended sentencing process in NJ being effective?

15. Which counties have programs that effectively serve 1^st and 2^nd time offenses before they commit a waiveable crime?

Update on call with Cynthia and Laura

Just to keep everyone posted...On Wed Natalia, Drea and I were in a phone meeting with Laura Cohen. Then, this afternoon Seyron and I spoke with Cynthia Samuels and her advisors.

We have another call scheduled with Cynthia Samuels for a follow up meeting on WED at 4pm. I will confirm this appt and email you.

Out of these two conversations came some important points I think we should address through this blog:
1. Problems with data gathering: consistency, accuracy, sharing, etc
2. "Probable cause" being too lax
3. Treatment of 16-17 yr olds vs. treatment of 14-16 yr olds
4. Lack of consistency between counties in NJ

Natalia will be writing up a summary of our meeting with Laura.
I will be typing my notes from the meeting with Cynthia and also a list of possible resources to pursue.

Thanks.

Group 3 meeting

Hi Ladies!!!

I think we should do a check-in meeting on Sunday evening to discuss some of the research we have found to date. I also want us to support each other so if we find that there is anything we can do to help one another find information, we should ask for help. For instance, I am in the process of finding info about neurological effects of adolescent development and how that affects waivers. I need suggestions on particular questions to keep in mind when researching. It's a broad topic so I need to narrow it down more.

Is Sunday at 9pm a good time to meet? We can sit in the 2nd floor lounge/meeting room.

Burns Institute DMC NJ Data

Here is yet another link to info on DMC in NJ.

DMC in NJ

DMC Information

Hello everyone, here are a few resources for information on DMC efforts in New Jersey and National trends and practices.

DMC Fact Sheet

JJ Matters

State DMC Reduction Strategies


Burns Institute

Station House Powerpoint

New Links

I added two links to community programs for the post-waiver group. Its regarding the day and residential programs for juveniles. (See link to the left under "Community Programs"

Rules on Waiver Which Govern Courts of NJ

RULE 5:22. REFERRAL TO OTHER COURTS

5:22-1. Referral at Election of Juvenile

Any competent juvenile 14 years of age or older charged with delinquency may elect to have the action transferred to the appropriate court and prosecuting authority having jurisdiction. Any competent juvenile under 14 years of age charged with an offense which if committed by an adult would constitute murder as defined by N.J.S. 2C:11-3 may elect to have the case transferred to the appropriate court and prosecuting authority. The judge shall inform the juvenile of the right to elect such referral at the initial detention or probable cause hearing. The judge shall determine that such election, if requested, has been made knowingly, willingly, voluntarily and after consultation with counsel.

Note: Source-R. (1969) 5:9-5(a). Adopted December 20, 1983, to be effective December 31, 1983.

5:22-2. Referral Without Juvenile's Consent

(a) Motion for Referral. A motion seeking waiver of jurisdiction by the Family Part shall be filed by the prosecutor within 30 days after the receipt of the complaint, which time shall not be extended except for good cause shown.

(b) Probable Cause; Evidence. At the referral hearing, the court shall receive the evidence offered by the State and by the juvenile, limited to the issue of probable cause. The court also shall permit cross-examination of any witnesses.

(c) Standards for Referral. The court shall waive jurisdiction of a juvenile delinquency action without the juvenile's consent and shall refer the action to the appropriate court and prosecuting authority having jurisdiction under the following circumstances:

(1) Judicial Discretion for Juveniles Age 14 or Older and Charged with a Chart 2 Offense. The juvenile must have been 14 years of age or older at the time of the alleged delinquent act and there must be probable cause to believe that he or she committed a delinquent act which if committed by an adult would constitute:

(A) a crime committed at a time when the juvenile had previously been adjudicated delinquent, or convicted of:

1. criminal homicide, other than death by auto; or

2. strict liability for drug-induced deaths (N.J.S.A. 2C:35-9); or

3. first degree robbery; or

4. carjacking; or

5. aggravated sexual assault; or

6. sexual assault; or

7. second degree aggravated assault; or

8. kidnapping; or

9. aggravated arson; or

(B) a crime committed at a time when the juvenile had previously been sentenced to and confined in an adult penal institution; or

(C) an offense against a person committed in an aggressive, violent, and willful manner, other than a Chart 1 offense enumerated in N.J.S.A. 2A:4A-26a(2)(a); or the unlawful possession of a firearm, destructive device or other prohibited weapon; or arson; or death by auto if the juvenile was operating the vehicle under the influence of an intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug; or an attempt or conspiracy to commit any of these crimes; or

(D) a violation of N.J.S.A. 2C:35-3 (Leader of a Narcotics Trafficking Network), N.J.S.A. 2C:35-4 (Maintaining and Operating a CDS Production Facility), N.J.S.A. 2C:35-5 (Manufacturing, Distributing or Dispensing Narcotics), or an attempt or conspiracy to commit any of these crimes, other than where the violation, attempt or conspiracy involves the distribution for pecuniary gain of any controlled dangerous substance or controlled substance analog while on any school property or within 1000 feet of such school property; or

(E) a crime or crimes that are part of a continuing criminal activity in concert with two or more persons, when the circumstances show that the juvenile has knowingly devoted himself or herself to criminal activity as a source of livelihood; or

(F) theft of an automobile.

On a finding of probable cause for any of the offenses enumerated above, the burden is on the prosecution to show that the nature and circumstances of the charge or the juvenile's prior record are sufficiently serious that the interests of the public require waiver. Waiver shall not be granted, however, if the juvenile can show that the probability of his or her rehabilitation prior to reaching the age of 19 by use of the procedures, services, and facilities available to the court substantially outweighs the reasons for waiver.

(2) Judicial Discretion for Juveniles Age 14 or 15 and Charged with a Chart 1 Offense or with Certain Drug Offenses Committed Within a School Zone. The juvenile must have been 14 or 15 years old at the time of the alleged delinquent act and there must be probable cause to believe that he or she committed a delinquent act that if committed by an adult would constitute

(A) criminal homicide, other than death by auto; or strict liability for drug-induced deaths; or first degree robbery; or carjacking; or aggravated sexual assault; or sexual assault; or second degree aggravated assault; or kidnapping; or aggravated arson; or an attempt or conspiracy to commit any of these crimes; or

(B) possession of a firearm with a purpose to use it unlawfully against the person of another under subsection (a) of N.J.S.A. 2C:39-4, or possession of a firearm while committing or attempting to commit, including the immediate flight therefrom, aggravated assault, aggravated criminal sexual contact, burglary or escape; or

(C) a violation of N.J.S.A. 2C:35-3 (Leader of a Narcotics Trafficking Network), N.J.S.A. 2C:35-4 (Maintaining and Operating a CDS Production Facility), N.J.S.A. 2C:35-5 (Manufacturing, Distributing or Dispensing Narcotics), or an attempt or conspiracy to commit any of these crimes; and which violation, attempt or conspiracy involves the distribution for pecuniary gain of any controlled dangerous substance or controlled substance analog while on any school property or within 1000 feet of such school property; or

(D) computer activity that would be a crime of the first or second degree pursuant to section 4 or section 10 of P.L.1984, c.184 (N.J.S.A. 2C:20-25 or 2C:20-31).

On a finding of probable cause for any of these enumerated offenses, there is a rebuttable presumption that waiver will occur. The juvenile can rebut this presumption only by demonstrating that the probability of his or her rehabilitation prior to reaching the age of 19 by use of the procedures, services or facilities available to the court substantially outweighs the reasons for waiver.

(3) Prosecutorial Discretion for Juveniles Age 16 or Older and Charged with a Chart 1 Offense or Certain Other Enumerated Offenses. The juvenile must have been 16 years of age or older at the time of the alleged delinquent act and there must be probable cause to believe that he or she committed a delinquent act that if committed by an adult would constitute

(A) criminal homicide, other than death by auto; or strict liability for drug-induced deaths; or first degree robbery; or carjacking; or aggravated sexual assault; or sexual assault; or second degree aggravated assault; or kidnapping; or aggravated arson; or

(B) possession of a firearm with a purpose to use it unlawfully against the person of another under subsection (a) of N.J.S.A. 2C:39-4, or possession of a firearm while committing or attempting to commit, including the immediate flight therefrom, aggravated assault, aggravated criminal sexual contact, burglary or escape; or

(C) a violation of N.J.S.A. 2C:35-3 (Leader of a Narcotics Trafficking Network), N.J.S.A. 2C:35-4 (Maintaining and Operating a CDS Production Facility), or N.J.S.A. 2C:39-4.1 (Weapons Possession While Committing Certain CDS Offenses); or

(D) computer activity that would be a crime of the first or second degree pursuant to section 4 or section 10 of P.L.1984, c.184 (N.J.S.A. 2C:20-25 or C.2C:20-31).

On a finding of probable cause for any of these enumerated offenses, no additional showing is required for waiver to occur. Jurisdiction of the case shall be transferred immediately.

(4) Judicial Discretion for Juveniles Age 16 or 17 and Charged with Certain Drug Offenses Committed Within a School Zone. The juvenile must have been 16 years of age or older at the time of the alleged delinquent act and there must be probable cause to believe that he or she committed a delinquent act that if committed by an adult would constitute

(A) a violation of N.J.S.A. 2C:35-5 (Manufacturing, Distributing or Dispensing Narcotics), or an attempt or conspiracy to commit this crime; and which violation, attempt or conspiracy involves the distribution for pecuniary gain of any controlled dangerous substance or controlled substance analog while on school property or within 1000 feet of such school property.

On a finding of probable cause for any such offense, there is a rebuttable presumption that waiver will occur. The juvenile can rebut this presumption only by demonstrating that the probability of his or her rehabilitation prior to reaching the age of 19 by use of the procedures, services and facilities available to the court substantially outweighs the reasons for waiver.

(d) Order of Reference. An order referring a case shall incorporate therein not only the alleged act or acts upon which the referral is based but all other delinquent acts charged against the juvenile arising out of or related to the same transaction.

(e) Admissibility of Testimony Given at Referral Hearing. No testimony of a juvenile at a hearing to determine referral by this rule shall be admissible for any purpose in any subsequent hearing to determine delinquency or guilt of any offense.

Note: Source--R. (1969) 5:9-5(b), (c). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b)(2)(E) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a), (b)(2)(F) and (b)(4) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a) and (b)(2)(D), (E) and (F) amended, paragraph (b)(2)(G) adopted June 28, 1996 to be effective September 1, 1996; paragraphs (b) and (b)(1) amended, former paragraphs (b)(2), (b)(3), and (b)(4) deleted, new paragraphs (b)(2), (b)(3), and (b)(4) added July 10, 2002 to be effective September 3, 2002; paragraphs (b)(2)(B) and (b)(2)(C) amended, new paragraph (b)(2)(D) adopted, paragraph (b)(3) caption amended, paragraphs (b)(3)(B) and (b)(3)(C) amended, new paragraph (b)(3)(D) adopted July 28, 2004 to be effective September 1, 2004; new paragraph (b) added, and former paragraphs (b), (c), (d) redesignated as paragraphs (c), (d), (e) June 15, 2007 to be effective September 1, 2007.

5:22-3. Detention Hearing After Referral

When a case is referred to another court as provided by R. 5:22-1 or R. 5:22-2, the court waiving jurisdiction shall, on hearing, determine pursuant to the criteria set forth in N.J.S. 2A:4A-36(a) whether the juvenile, if in custody pending trial, shall be confined in an adult orjuvenile detention facility. In no case shall a juvenile be remanded to an adult detention facility prior to the hearing provided for herein.

Note: Source-R. (1969) 5:9-5(d). Adopted December 20, 1983, to be effective December 31, 1983; caption and text amended November 5, 1986 to be effective January 1, 1987.

5:22-4. Proceedings After Transfer

Whenever a case is referred to another court as provided by R. 5:22-1 or R. 5:22-2, the action shall proceed in the same manner as if it has been instituted in that court in the first instance.

Note: Source-R. (1969) 5:9-5(e). Adopted December 20, 1983, to be effective December 31, 1983.

Group Activity

Thinking about what Cheryl said, I think it may be helpful for us to do some sort of group activity .

My thoughts are that perhaps each of us should just jot down a few sentences about how we see ourselves as a part of the larger group. What role do you feel comfortable doing? What would you like to do? Etc. In essence, define your own role in the group (however much you fee comfortable sharing).

And then jot down a few sentences how you envision the group to operate.

It sounds hokie, but it might help.

P.S. If this sounds crazy, then we don't have to do it. But I know that it will help me understand where each of us are coming from.

P.S.S. We should also start meetings with check-ins.

Group II: What We're Doing

Group II will be working on the assigned topics as well as working on their portion of the memo. We will be writing several pages for the memo keeping in mind the stated goal of tying this into DMC.

We'll be also doing an extensive review of the case law and incorporating that into our framework.

Also, we will be keeping in mind in our group what is inherently problematic about the structure.

Group 3 assignments

Karla: Why does DMC exist? Who is most affected?
Jessica: neurological studies
Kim S.: re-entry programs
Kim H: Recidivsm rates. Rehabilitation
Selena: Prison sentences

Research and summarize and post on this site asap

Thanks!

Second Chance Program

2nd Chance

Programs

Programs

Helpful Links to "Post" group

JSTOR

Program Useful in Cali

http://www.occcorps.org/about.html


this program in CA was useful for my brother when he couldn't get a job out of juvi. They help you with everything, take a look. : )

Follow up

Hi everyone! I apologize for not adding post to this blog as frequently as some of you all do. Blogging is still new to me, but thanks Seyron for introducing me to this. Anyways, I have found a new resource for us. I will interview him and ask him for further guidance concerning our project since his focus was on juvenile justice while studying here at Princeton. Also, in response to Jessica about her telephone conference call tomorrow--I think everyone's questions are great and I don't want to repeat the same questions in different form. In further response to Jessica's inquiry about wanting two other people on the conference call, I will join the call as well because I love receiving first hand information (however, I would suggest that the two other people be one person from each group --pre-waiver, during the waiver process, and Jessica can be our representative from post-waivers). This would allow all groups adequate representation and provide for further guidance equally. Yet, I see that Natalia is the only other person who responded, so I will join if we decide against the representative from each group. I hope all of this makes sense!

-Karla

Deadlines (addendum to Jessica's and LaShunda's timelines)s

Date Due Content

URGENT Develop thesis
URGENT Assign roles
URGENT Begin research
Mon July 14 Checkpoint for Memo (half done)
Mon July 21 Written Memo (Rough) completed
Sun July 24 Written Memo (Final) completed
Mon July 28 Presentation Outline (Rough)
Mon July 28 PowerPoint done
Wed July 30 Dres Rehearsal
Th July 31 Presentation

Meeting Notes

Discussed the necessity to balance an individual centric and society centric viewpoints in how we conceive of waivers. Selena proposed doing some sort of cost-benefit analysis of having an expensive system of putting minors in prison.

LaShunda proposed that individual groups can start doing the research. Ideas under that umbrella (to get the ball bowling).

Sarah Ray pointed out that we need to ensure that the waiver does good things instead of a one-size fit all for grime.

Jessica summarized some points for the paper:
• Interested in juveniles: how they benefit from waiver, non-waiver, etc.
• Communities effected gangs
• Two-three topics very in-depth

Sarah Ray added on that we provide recommendations with analysis in accordance with the topics. She also mentioned that we identify stakeholders and serve the needs of most stakeholders.


Two Sections: one section of community and one for juvenile

Confusion:
• Prevention and Afterwards?
o Re-entry programs
• Community and juvenile?
• How does the waiver process fit in this?

Changing legislative statute not the goal

Prevention
intervention
Alternatives

Better representational programs?
Use framework of gangs
• Steps to the waiving process

Kim expresses her concern for the afterward and she would prefer intervention.

Waiver Project
• Juvenile Level
o Pre-
o During
o Post-
• Community
o Before waiving
o During waiving
o After waiving

How does the waiver fit into the process?
• We make specific recommendations as regard to the practice of waiver during the waiver, before the waiver, and after waiver

Sarah Ray: Makes a good point that understanding the policy concerns of why the waiver exists

What’s the central question?
• What was waiver intended to do?
• Does it do that?
• How to get it back on track?

Three Groups

Pre-Waiver: Javier, Drea, Sarah Ray, Will

During the Process of Waiver: Seyron, LaShunda, Natalia, Curtis

Post-Waiver: Kim S, Jessica, Kim H, Karla, Selena

Kim H reminded all of us to keep in mind that things overlap.

LaShunda's and Jessica's timeline were accepted with specific dates added by Seyron.

Next Meeting and Agenda

The next meeting will be Tuesday, July 1 at the Graduate Lounge in Robertson Hall at 4pm. Please place agenda items in the "Comments" section.

Agenda for July 1 Meeting

Meeting Agenda

Domestic Policy Project Planning Meeting

7/01/2008

4-5 pm

Location: Graduate Lounge

1. Check-in

2. Share research (tentative)
2. Decide on topic(s)
3. Create/edit weekly timeline

a. LaShunda and Jessica

3. Assign roles and working groups and appoint leaders

4. Establish next meeting time and assignments

More Research

Hi, again. Here is a link to some information on the Juvenile Justice and Delinquency Prevention act (which was up for reauthorization in 2007). This act is very important in the understanding of waiver. It provided the basis for state legislation, and established sight and sound separation. This act will help to put into context the issue of waiver in addition to the other materials provided. Also, I have linked some other info related to waiver that I have used in the past when I was working for my local Juvenile Court. I know its a lot of info, but I really think at least skimming the executive summaries is really important if everyone want s to really understand the issue. Its an emotional topic, but that emotion has to be grounded in actual fact and research.

Also, I know I was asked to try and type up a brief summary of all of the research I have found, but due to time I did not. I also think it is good for everyone to look over, skim, or read the information themselves, to form their own opinions and stances.

JJDP Act

Waiver Fact Sheet

How Youth Move Through the Juvenile Justice System in NJ

I hope all of this info helps us narrow down our focus and arguments for the final research project.

Report on National Juvenile Transfer Trends (2007)

Hello Again, I have attached a link to a national report concerning trends in juvenile transfer. Many of the major issues and arguments for and against waiver are addressed in this 2007 report. It does talk about New Jersey transfer as well as other states. This report really helped me as a starting point in my own waiver research for my thesis. It includes info on gender, race, age, and punitive trends nationally. It also touches on some major topic areas that we may want to adress in our project. I have also compiled a little list of topic areas that from my own research before coming here, I have seen as being major issues regarding waiver and juvenile detainment in adult facilites. I will post that a little later on.

The Consequences are not Minor

nj juvenile stats

both include stats for gender, length of detention, race, gender by race, etc. in detention centers, per county:
http://www.nj.gov/oag/jjc/2006-AnnualDetentionStatisticsReport.pdf
http://www.nj.gov/oag/jjc/pdf/jdai_2006_annual_report.pdf

concise time line of juvenile justice system:
http://www.njjda.org/timeline.htm

links to other states' juvenile justice sites:
http://www.njjda.org/links.htm

http://www.njleg.state.nj.us/9899/Bills/a3500/3182_i1.pdf

New Jersey Juvenile Justice Commission

Below is a link to the New Jersey Juvenile Justice Commission. This Commission was created within the Office of the Attorney General (our client), and has the task of addressing and evaluating NJ laws and regulations regarding everything that has to do with Juvenile adjudication and detainment. Also, I have posted several reports relevant to the issue of Juvenile waiver that the Commission has addressed

New Jersey Juvenile Justice Commission

Detention

Transfer

Some Helpful Links to Information on Juvenile Waivers

Hello all, I have done a little digging and come up with a list of some links to suites which address the issues of Juvenile Waivers in general as well as specifically pertaining to New Jersey. I hope this information can serve as a foundation of information that will help everyone in their research for our next meeting. Even if you dont read every item in its entirety, I do think looking over them will help. I will post more as I have time.

NJ Juvenile Waiver Evaluation

Juvenile Waiver Definitions

Waiver and Punitive Justice

NJ Waiver Legislation

useful articles

nj system on the right track?:
http://www.nj.com/news/index.ssf/2008/04/montclair_high_student_to_be_t.html

current case:
http://www.courierpostonline.com/apps/pbcs.dll/article?AID=/20080616/...

closing of juvenile detention center (waiver implications?):
http://www.nj.com/expresstimes/stories/index.ssf?/base/news-8/121393476150780.xml&coll=2

question of mental maturity (should he have been waived?):
http://blog.pennlive.com/lvbreakingnews/2008/05/thrower_of_ice_chunk_that_kill.html

Update (I'm a little exicited!!!---Can you all tell?)

Hi you guys! I'm finally here and ready to work! We are still waiting for Natalia to post our individual partner research topic for the weekend right? This way each partnership has some new info to present to the mass group on our meeting Tuesday afternoon.

(From Will) NY Times article

Here is a New York Times article that may be relevant to our discussion of waivers.

http://www.nytimes.com/2008/06/26/washington/26scotus.html

William

Minutes for 6/25 meeting

Group Meeting
6/25- 6:00-7:30 pm
Graduate Lounge

Action Steps for Next Week:
Ø LaShunda: post link to NJ state legislator website on blog, post info/reports regarding general issues on blog (ASAP)
Ø Natalia: research and post at least 6 major/most relevant issues regarding NJ waivers and assign to research pairs (ASAP)
Ø Jessica: prepare agenda for next meeting (by Tuesday, July 1st)
Ø In pairs, research assigned topic and post findings on blog (before Tuesday, July 1st ). Come prepared to share findings on Tuesday, July 1st, 4:00-5:00pm.

Outcomes of Discussion:
1. Discussion of the NJ Statute
o 14 or older can be waived
o Prosecutor and judge can motion, judge has final say
o 14 or under can elect to tranfer courts (eg: if he/she feels trial is unfair because afforded more rights in criminal court)
o Waiver is not automatic
o Exception to statute if juvenile demonstrates possibility of “rehabilitation” (vague)

2. Possible Issues
o Prosecutor’s role in motioning for waiver
o Types of crimes that can make juvenile eligible for waiver
o Programs and services
o Redefining terms

3. What crimes should NOT be waived?
o Drugs
o Gang criminality
o Consensual sex
o Marijuana
o Unarmed theft
o Any 1st time offense other than rape or murder
o Any 2nd or 3rd time offense except rape or murder
o Use of drugs
o Gang affiliation
o 1st time for theft and/or drugs

Have a great week! Best of luck!
-Jess

New Jersey Transfer Provisions

LaShunda located the following below. It's via "Transfer Provisions" from the NCJJ.

New Jersey Transfer Provisions as amended through the 2006 legislative sessions

Lower Age: None specified Upper Age: 17

Discretionary Waiver On motion of the prosecutor, the juvenile court may waive jurisdiction over a child of at least 14 who meets statutory offense/record criteria, if it finds (1) that there is probable cause to believe the child committed the alleged offense and (2) that the State has proven "that the nature and circumstances of the charge or the prior record of the juvenile are sufficiently serious that the interests of the public require waiver." Even where the State has made such a showing, however, if the child "can show that the probability of his rehabilitation by the use of the procedures, services and facilities available to the court prior to...reaching the age of 19 substantially outweighs the reasons for waiver, waiver shall not be granted." Whether the court grants or denies the motion, it must state its reasons in writing. If the motion is granted, the order referring the case for adult prosecution covers not only the main offense but all other offenses arising out of or related to the same transaction. Offense Category Minimum Age Offense Detail Any criminal 14 Any crime committed by a person previously adjudicated delinquent for/convicted of any of a number of listed offenses (criminal homicide other than death by auto, strict liability for a drug-induced death, first degree robbery, aggravated sexual assault, sexual assault, second degree aggravated assault, kidnapping, or aggravated arson); any crime commited by a person previously confined in an adult penal institution; any crime that is part of a continuing criminal activity in concert with at least two others where circumstances indicate that the offender "knowingly devoted himself to criminal activity as a source of livelihood." Murder 14 Death by auto if the child was driving under the influence, or any attempt or conspiracy to commit this crime. Person 14 Any offense against the person committed in an aggressive, violent, and willful manner, or any attempt or conspiracy to commit any such offense. Property 14 Arson; any attempt or conspiracy to commit arson; auto theft. Drug 14 Manufacturing or distributing controlled substances, and various related offenses, or any attempt or conspiracy to commit these crimes. Weapon 14 Unlawful possession of a firearm, destructive device, or other prohibited weapon, or any attempt or conspiracy to possess such a weapon.

Presumptive Waiver In a waiver hearing involving a child meeting age/offense criteria for presumptive waiver, the State need not make a showing that the public interest requires a waiver; the court need only find probable cause in order to waive jurisdiction. However, even in such a case, if the child "can show that the probability of his rehabilitation by the use of the procedures, services and facilities available to the court prior to...reaching the age of 19 substantially outweighs the reasons for waiver, waiver shall not be granted." Offense Category Minimum Age Offense Detail Certain felonies 14 The crime of escape if committed with a firearm, and any attempt or conspiracy to commit this crime. Murder 14 Criminal homicide other than death by auto, strict liability for a drug-induced death, or any attempt or conspiracy to commit these crimes. Person 14 First degree robbery, carjacking, aggravated sexual assault, sexual assault, second degree aggravated assault, kidnapping, aggravated assault committed with a firearm, aggravated criminal sexual contact committed with a firearm, or any attempt or conspiracy to commit these crimes. Property 14 Aggravated arson, burglary committed with a firearm, or any attempt or conspiracy to commit those crimes. Drug 14 Distribution of controlled substances for pecuniary gain while on or near school property or on a school bus, or any attempt or conspiracy to commit this offense. Weapon 14 Possession of a firearm with a purpose to use it unlawfully against the person of another, or any attempt or conspiracy to do so.

Mandatory Waiver In a waiver hearing involving a child of at least 16 who is accused of various enumerated offenses, the State need not make a showing that the public interest requires a waiver, and the child is not entitled to raise the issue of "the probability of his rehabilitation by the use of the procedures, services and facilities available to the court prior to...reaching the age of 19." Rather, "the court shall, without the consent of the juvenile, waive jurisdiction" if it finds probable cause. Offense Category Minimum Age Offense Detail Certain felonies 16 The crime of escape if committed with a firearm. Murder 16 Criminal homicide other than death by auto, strict liability for a drug-induced death. Person 16 First degree robbery, carjacking, aggravated sexual assault, sexual assault, second degree aggravated assault, kidnapping, aggravated assault committed with a firearm, aggravated criminal sexual contact committed with a firearm. Property 16 Aggravated arson, burglary committed with a firearm. Drug 16 Distribution of controlled substances for pecuniary gain while on or near school property or on a school bus. Weapon 16 Possession of a firearm with a purpose to use it unlawfully against the person of another.

© 2000 (original copyright); © 2007 (most recent copyright) National Center for Juvenile Justice Citation: Griffin, Patrick. 2007. "Transfer Provisions." State Juvenile Justice Profiles. Pittsburgh, PA: National Center for Juvenile Justice. Online. Available: http://www.ncjj.org/stateprofiles/.

Agenda

Hi folks...please request agenda items in the comments for this Wed's meeting (june 26) at 6pm in the grad lounge at Robbie.

Just use the comment button below this (not new post) =)