Information from Cindy Samuels interview:
-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
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