Monday, July 21, 2008

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.

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