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.