Juvenile Justice (Aspen College Series)


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Marilyn J. Berger

An important part of these programs may be the partnership with teams of youth to accomplish projects. These can overlap into the provision of services to the community. Additionally, mentors in the model of teaming an adult with a youth are very successful. Mentors should be viewed as fulfilling the role of an adult advisor much as an aunt or uncle and can supplement ongoing support. Protective orders are designed to keep youth away from person s , places, and activities.

They require that the youth refrain from any contact in a very particular manner. They may allow for some contact under a supervised situation, for example, therapeutic contact with a parent. Protective orders may also be used to keep others from contacting the youth, if the youth is being harassed or otherwise disturbed in an unlawful manner. These orders are generally for a limited duration and are very specific, often stating the required distance between the youth and persons or places.

They are sought for the purpose of protection of the youth or protection from the youth, and can be reviewed by the court for changed circumstances. Violations of these orders are often considered separate criminal offenses. Protective orders should be used wisely and uniformly adhered to so that further criminal involvement is avoided.

The "parts" described are required to operate an effective and responsive juvenile justice system. Once the decision has been made to move forward with the project, the actual drafting can occur. The code must consider designating some or all of the following categories of youth behavior as prohibited behavior:. A fourth category of behavior may be considered to be a red flag warranting some juvenile justice system involvement, as opposed to prohibited behavior.

This category would include behavior indicating that a youth and his family are in need of services a. That particular behavior does not rise to the level of criminal behavior, including but not limited to the commission of defined status offenses. Additionally, another class of offenses must be considered or acknowledged by the juvenile code. Youth and adult offenders, as well as youth and adults with histories of victimizing children and adolescents, must be accounted for in any scheme of laws seeking to protect the community. Protected areas or zones are increasingly being considered as a management tool for law enforcement.

Management and treatment of sex offenders either youth or adult are very complex topics. These topics cannot be fully addressed here, but they are of extreme importance. Further, any offense that can result in a designation of "sex offender" for a youth, requiring sex offender registration, must be carefully administered.

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Definition of these offenses is a serious issue, especially for the purposes of work with juveniles. Any youth conduct that would be deemed a sex offense requiring registration must be seriously studied. This is an area of evolving knowledge. Criminal, mental health, and treatment experts must be consulted when a tribe is considering criminalizing juvenile sexual behavior.

Drafters may look to neighboring tribal, state, and federal juvenile laws. This knowledge will serve you well as a strong foundation for other more specialized courses in juvenile justice and the social sciences. However, in order for tribes to utilize this criminal jurisdiction, tribes must provide certain enumerated due process protections, including most of the protections required in TLOA.

The code specifically mentions alcohol abuse as a preventable and treatable disease, a common problem in delinquency cases. Required Text Book: Physical Science, 10th ed. It will be important to keep in mind the previous discussions regarding tribal, federal, and state jurisdiction; characterizations of misdemeanors versus felonies; the actual consequence possibilities under the federal law through ICRA and Oliphant with current TLOA amendments and recent Violence Against Women Act VAWA amendments; and existing treatment or other facility limitations.

Foreign codes will offer definitions of offenses the necessary elements that make up each crime ; outline proof required; often identify graduated offenses e. Supreme Court in Oliphant v. Suquamish Indian Tribe, 15 U. However, tribes are required to provide certain due process requirements. For further information, please see:. Most state juvenile laws also have a full listing and definitions of status offenses.

Given current research and findings regarding the human brain, we now know that much of this conduct is characteristic of a normal phase in adolescent brain development. Punishments and consequences that do not consider why youth are engaging in negative conduct are not likely to further therapeutic outcomes that change the behavior. If the negative behavior continues it can be a precursor to more serious negative or criminal behavior.

Parental involvement or parental figure involvement, if available, is often able with support to address negative behaviors. It is important that the "system" have an understanding of the developmental phases of children, adolescents, and young adults. Blaming as opposed to problem solving is generally counterproductive for this group of youth "offenders. Drafters also need to look to other identified local concerns. Or should all juvenile matters be determined by family court? Certain or repeated violations of restraining orders can be determined to be criminal in nature.

Charging decisions can become very significant, that is why in earlier chapters the issue of determining a consistent philosophy and a team approach is recommended. Additionally, drafters need to be aware of "stealth" consequences, for example, eviction if a youth is found to be in public housing with illegal drugs. Depending on the overriding philosophy of the code it is important to build into the consequences not just "punishment" but also redemption possibilities, so that youth can be restored not just to their family but to their community.

This includes an understanding of the citizenship requirements of their Indian nation. Either of these can be for specific periods of time. Banishment should be considered ONLY as a consequence of last resort as it is for all intents and purposes the most severe sanction available to tribal nations. These offenses can include certain archaeological site disturbances, including cemetery disturbances, which may or may not be defined as criminal behavior in nontribal settings. Even if they are defined in the nontribal setting, it is important to put a distinctive tribal perspective to any such crime.

That could be in the enhancing of a crime; for instance, stealing from a dance camp would have an additional penalty not just related to the amount of loss, requiring a culturally appropriate settlement. There should be certain offenses that require a distinctive resolution that are not just general criminal redress. Each community needs to determine those offenses.

Nonmembers should not define them. The same can be true of the destruction of community resources this can include natural resources and such things as school sites that benefit tribal children including cultural resources. In all likelihood they have a certain monetary value but the shared value of community resource also needs to be addressed. For instance vandalizing a cultural site, including a currently used site should be considered a "criminal" offense and a cultural offense. The code would ideally list the consequences in a dual fashion so that the offender would be required to address both aspects of the offense.

This is a method of bringing a philosophy into the tribal criminal court in an attempt to develop a real understanding that community must be addressed. This is victim representation not just at the individual level but also at the community level. It is meant to specifically foster responsible tribal citizenship.

It is important to hold on to the concept that if tribal communities want different results than those achieved by nontribal communities they must conduct their business in a different and tribally unique fashion. They should not mirror the system about which they have serious ongoing concerns. How and where the provisions of this act are referenced or addressed in tribal law is a local issue, but any juvenile code should recognize the outstanding issues as related to youth.

SORNA provides a comprehensive set of minimum standards for sex offender registration and notification in the United States. SORNA aims to close potential gaps and loopholes that existed under prior law and to generally strengthen the nationwide network of sex offender registration and notification programs. SORNA also recognizes tribal court convictions. Section of SORNA attempts to track the existing jurisdictional framework on Indian lands, but does so in a way that grossly oversimplifies the complex distribution of authorities.

For tribes in the first category, authority and responsibility to implement SORNA on Indian lands was automatically delegated to the state in which the tribal lands are located. Tribes in the second category include those tribes subject to PL jurisdiction but that are located within the voluntary PL states, and where they were given one year to pass a resolution "elect[ing] to carry out [SORNA] as a jurisdiction subject to its provisions. The Department of Justice reported that, as of of the eligible tribes passed a resolution expressing their intention to comply with the SORNA mandates.

A number of Indian tribes in mandatory PL jurisdictions, while expressly excluded from making an election under Section , passed resolutions stating their intention to comply with the law and expressing their opposition to the delegation of their authority to the state. Although Section included a stringent deadline for tribes to elect to comply with the SORNA mandates, the law also acknowledged that any tribe that has made a Section election may change its mind at any time and the responsibility for implementing SORNA on tribal lands will immediately fall to the state.

This is a developing area of law in Indian country. Unfortunately, Indian country has been the repeated hunting grounds for perpetrators with histories of victimizing, both in modern times and in prior eras. It is important that Indian communities implement policies that address these issues. It is important that this management happen in a fashion that is value consistent with the community and that the practices of this system truly represent the values of each community. Similarly, it is important to keep in mind youth brain development and how it factors into offense definitions and appropriate consequences.

The long-term impact of failing to intervene or intervening inappropriately is harm to our youth, their individual success, and the future welfare of the tribe and tribal community. Code development is often considered a boring, dry matter, but selecting the key provisions that appear in most juvenile codes and looking at options will stimulate discussion on the provisions your community really needs and wants and the provisions that support your cultural beliefs about youth and family.

A tribal juvenile code should reinforce community values and set out the structure and process for your juvenile justice system. Each chapter in Part II leads the group to make decisions that will affect the final structure and provisions of the tribal juvenile code. Once these decisions are made, they may be communicated to an attorney or someone with legal training to help in drafting the final code.

Possibilities for Tribal Juvenile Justice Systems Please note that most tribes will need to develop or reform the foundation of their juvenile justices system—their Juvenile Court in Area 2, before going on to add the desired special dockets e. A Teen Court in Area 1 and Peacemaking and Circle Process in Area 4 may take the form of either a special docket or a diversion program, depending upon how it is set up. In our review of the approximately thirty publicly available tribal juvenile codes, we have identified numerous important deficits with respect to the Juvenile Court in Area 2 and that may impact the other areas , including codes that:.

It is important to recognize that the Juvenile Court in Area 2 provides the foundation for all other innovative dockets, referrals, diversions, and dispositions, for those tribes that choose to retain their coercive sovereign powers over juvenile matters as a last resort, and instead of transferring tribal youth to the federal and state systems. A tribe that chooses to exercise the full range of its sovereign powers will need to commit to reforming Area 2 to ensure therapeutic and fair justice for tribal youth and their families.

Subject Matter Jurisdiction Which youths should be in court? For what types of misconduct? Transfer To adult criminal tribal court? To federal or state juvenile court? We recommend that tribes design separate processes and draft independent statutes codes for the following reasons:. A second and related decision in designing and drafting your juvenile law is whether to include two separate processes, one for juvenile offenders and one for status offenders note that family-in-need-of-services [FINS] process is a type of "status offender" process and may be preferred as it prioritizes precourt services to youth and their families.

We recommend that tribes design and include both processes in their juvenile law. While the purposes, rights, and doors to services, programs, and activities may be the same, status offenders are treated differently in the following ways for the following reasons see Chapter 21 :. The thinking behind treating status offenders differently than juvenile offenders is that, given what we now know about adolescent brain development, "status offending" is likely a normal part of growing up, necessitating guidance and assistance, but it does not rise to the level of actionable misconduct in the juvenile justice system, much less the criminal justice system.

The statutory limits on applicable dispositions and placements protect status offenders from future juvenile justice or criminal justice system involvement. Your juvenile code should contain general provisions that describe the problem to be addressed by the code. If you have researched the problem of juvenile misconduct in your community you may have specific data or conclusions about the problem. This type of information should appear in a Findings section of a code. A Purposes section of a code explains why your community is adopting this code.

It explains what you want to accomplish by adopting the code. You may have several goals or purposes in passing this law. While there is no requirement that your code include both a Findings and Purposes section, the inclusion of both of these sections can be very helpful in explaining your philosophy toward youth justice and the intent of the law.

These sections are also helpful to tribal judges in interpreting the code on a daily basis. If a case is appealed, these sections will likely also be used by the appellate judges in interpreting the code. The Juvenile Justice Code shall be liberally interpreted and construed to fulfill the following expressed purposes:. Indian children shall be entitled to a permanent, physical and emotional environment necessary to promote their successful development into productive, responsible adults. It is the policy of the Tribes to prevent the unwarranted break-up of Indian families by adopting procedures that recognize family member rights while utilizing the best interests of the child standard.

The Juvenile Code shall be liberally interpreted and construed to fulfill the following expressed purposes:. This chapter shall be interpreted and construed so as to implement the following purposes and policies:. At the time of first publication of this resource, tribes had not yet had an opportunity to review and incorporate its provisions. Both of the model codes provide good language and may be relied upon as a template that should then be modified to include tribe-specific findings, purposes, and policies.

It emphasizes the importance of the cultural and spiritual identity of a child. The stated purpose is to provide guidance to youth consistent with cultural values. It also recognizes the importance of providing community safety and security and keeping a family together.

The Confederated Salish and Kootenai tribes recognize that the welfare of children is paramount and that each child before their court should receive the care and guidance needed to become responsible adult members of their community. The Policy Section of their code highlights the importance of customs and traditions and states that they will be incorporated into the code to the greatest extent possible.

The Sault Ste. Marie Tribal Code requires the court provide services to care for the mental and physical needs of children before the juvenile court. The code intends to remove the consequences of criminal behavior from a juvenile, and instead provide supervision, care, and rehabilitation consistent with the safety concerns of the community. The juvenile court is also a forum for tribal children adjudicated delinquent in other jurisdictions and referred to the Sault Ste. Marie Nation for adjudication and disposition.

The Eastern Band of Cherokee has set up a juvenile system designed to divert children from the court system. During intake the children are diverted to appropriate services. Keeping children in their homes and receiving help through community-based services is their goal.

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The juvenile system focuses on the strength and weaknesses of the child and family with a view toward protecting the public. The following exercises are meant to guide you in writing the findings and purposes section of the tribal juvenile code. Are any of these national findings, related to Native juvenile delinquency, true in your community? Are there other findings in your community?

Additionally, tribal juvenile codes have their own section on jurisdiction. This is known as juvenile court "subject matter jurisdiction. He is a third-generation minister who carries on the legacy of his family. He has been active as a youth development specialist with 20 years of experience working with youth and families.

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He has worked with the full spectrum of youth in various systems, and settings. As a sought-after consultant on youth initiatives with various community based organizations, in the Greater New York City area, Rev. Winley founded R. L Solutions for Youth, an activist consultancy, providing real, effective, authentic, and livable solutions that are youth centered, family focused, and community driven. Winley has worked with several national and international faith based organizations such as Worldvision, Youth for Christ, Navigators, has served a term as Vice President of the National Chaplains Association for Youth at Risk, and most recently was the Chaplain and Director of Positive Youth Development for St.

Winley currently serves as an Associate Minister, at the Soul Saving Station, a community church, which has been serving the children, youth and families of Harlem, N. Business Improvement District. In addition Rev.

Winley is happily married to his childhood sweetheart Samantha Winley, and is the proud father of his son, Maurice Duane Winley Jr. Previously, Lawrence co-founded Forgotten Voices and its successor Voices from Within, which now seeks to address mass incarceration. She comes with a long history of experience in training and curriculum development in the academic research and public policy sector. Drawing from her experience, she has continued consulting in curriculum adaptations geared at promoting community engagement and family empowerment within clinical settings, the NYC Department of Education, and citywide Parent Resource Centers.

Her work has been published with Oxford University Press and various scientific journals. Willard C. Jimerson Jr. Willard received his certification in Sociology and Philosophy from Ohio University and graduated top of his class from Bellevue College. In this capacity, Willard and his team works with youth between the ages of who are justice involved or at-risk of justice involvement. Willard also serves as a catalyst in doing reentry work for youth and adults who are deemed the hardest to reach and most underserved.

Willard also provides enriching, informative, and culturally relevant workshops and trainings with the King County Credible Messengers Initiative all in the interest of disrupting and dismantling the school-to- prison-pipeline. She has dedicated the last twenty four years to serving youth and families. Demecia began her career with the Lucas County Juvenile Court as a Residential Specialist at the Youth Treatment Center; a secured residential facility for adjudicated youth.

She later served as a Probation Officer and worked in this area for over fourteen years. She elevated through the ranks and served as a Probation Manager as well as the Assistant Administrator of Probation before being promoted to the office of Administrator. She currently oversees the Assessment Center and all services under its umbrella such as Misdemeanor Services and the Family Violence Intervention Program.

In this position, Demecia continues to lead the charge in probation transformation and reform. Her commitment to juvenile justice and reform is what motivates her, but her dedication to helping to improve the lives of youth and families is what strengthens her to do this work on a daily basis. Jason J. Clark is a community focused leader, working to build bridges between systems and communities in Washington State. Professionally, as an Equity and Justice Advocate, he is laser focused on juvenile justice reform with over a decade of service to youth and families in King County.

He currently holds a faculty appointment at Nassau Community College. DeVeaux received a Soros Justice Fellowship for advocacy that focused on policy and program development within the Muslim community around criminal justice and re-entry issues. Beginning with her faculty appointment at Hunter, Dr. Currently she is leading a team of doctoral fellows and faculty members at the Graduate Center on Community Justice Collaboration research projects. She has served as the Executive Director of the Ph.

Program in Social Welfare at the Graduate Center since Tracee Perryman, PhD, is the Executive Director and co-founder of Center of Hope Family Services, whose mission is to improve the life outcomes of individuals and families living in urban settings. Under Dr. The non-profit now serves clients annually, with 25 employees. In , Dr. Perryman and Center of Hope was rated as a High Quality Center and model for tutoring programs, statewide. Perryman and Center of Hope was also awarded Excellence and Innovation Award for innovative programs.

Since , Dr. Perryman and Center of Hope have partnered with Lucas County Juvenile Courts, to implement an innovative approach to parent support and advocacy, which is only 1 of 4 in the nation. Perryman graduated with honors from the University of Michigan, where she majored in Psychology. Her dissertation focused on the relationships between racial socialization and reduced violence in African American young adults.

Perryman has provided numerous presentations at national conferences in the areas of Education and Mental Health Counseling. During her tenure at Ohio State and after, Dr. Perryman is also an accomplished songwriter and performer. In October, , Dr. In the summer of , Dr. Perryman will release the first of a body of songs and jingles that she will produce for Non-Profit marketing and promotion campaigns. He is of both American and Mexican Indigenous descent. Albino is recognized for his outstanding community leadership and for a remarkable range of successful traditional cultural programing for more than two decades.

Casey Foundation. Albino is a committed member of his community; he has participated in numerous networks with professional affiliations such as: the Latino Network, Violence and Injury Prevention Project, Educational Leadership Institute, Community Action Network. In Albino founded Rivals in the Redwoods, a gang intervention program out of Salinas, California. Garcia also has years of experience as the lead program coordinator at Barrios Unidos in Santa Cruz, California where he initiated school based, community-based, and institution based programming.

In , Albino was one of 41 participants, chosen for the prestigious Kellogg National Leadership Fellowship. As a Fellow, Mr. Garcia is a world traveler, meeting with noted thinkers and leaders. Jim St. Germain is the co-founder of PLOT. Jim has an associate degree in human services from the Borough of Manhattan Community College and a bachelor of arts degree in political science from John Jay College of Criminal Justice. Jim works with juvenile justice-involved youth and their families in New York City. Previously, Jim was a youth care worker at a juvenile facility, where he was once a resident.

Additionally, Jim was a youth advocate for young people living with mental illness at the Mental Health Association, Inc. Jim has worked with countless local, state and federal officials advising on matters related to juvenile justice, mentoring, mental health, substance abuse, and educational issues.

Before joining DYRS, Clinton had more than 25 years of experience working with youth and families — 19 of which have been focused in the field of juvenile and criminal justice. In June of , Clinton held a project manager position at the W. From to , Clinton operated as the Associate Executive Director of Friends of Island Academy, developing and managing services for 16 to year-olds involved in the juvenile and criminal justice systems of New York City.

Clinton is an experienced trainer, facilitator and keynote speaker on such issues as DMC, racial and ethnic disparity, transitional discharge planning, comprehensive re-entry services, gang intervention strategies and overall youth and human development. Clinton has a B. Khalil A.


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Cumberbatch currently serves as Chief Strategist at New Yorkers United for Justice a coalition of broad and diverse organizations whose goal is to pass criminal justice reform legislation in New York State. He previously served as Associate Vice President of Policy at the Fortune Society, a reentry organization whose goal is to build people and not prisons.

Vivian D.

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She received her B. Our mission is to create safe, empowered and interconnected communities utilizing a multitude of public safety strategies. ETC is a faith-based not-for-profit organization dedicated to assisting men, women, youth involved, or at-risk of involvement, in the criminal justice system. ETC has served over 20, participants and has become one of the most successful re-entry programs in the United States.

He also served 12 years in prison where he transformed his life. Ferguson is known as a leader for this generation — a preacher, teacher, singer, motivational speaker and social activist. Unlimited Potential program, a Raise The Age Residential program for criminal justice involved 16 and 17 youth. Over the last 20 years, he has served in organizations such as LaGuardia Community College. Ferguson had the honor of helping to lead the charge during the national campaign for the Fair Chance Act, wherein returned citizens will be given a fair chance at employment.

In response to a surge of gun violence in NYC during the summer of , Ferguson launched the Starve the Beast campaign — enlisting clergy of all faiths, community leaders and families in a coordinated effort to reduce gun violence, community apathy and recidivism. Most recently, he was honored by Bethel Baptist Church as one of their Men of The Year after serving as pastor for less than 6 months. He manages the Youth First Youth Leaders Network, which provides young emerging leaders with the training and tools to lead the fight against youth incarceration.

Previously, he worked as a Program Analyst at the Vera Institute of Justice, where he worked on policy analysis, program development, and elevated the voices of youth and families in statewide policy reform. MacArthur Foundation. He has a B. Her work at the Bronx Defenders deepened her passion for working with youth and refined her community organizing skills; she has now been working with nonprofits for more than 14 years.

Tea specializes in community engagement, curriculum development and technical assistance. She prides herself on designing unique and interactive experiences that effectively support the individuals and organizations she partners with. Tea enjoys building and training with educators, service providers, community organizers, state officials and YOUTH.

Juvenile Justice (Aspen College Series) Juvenile Justice (Aspen College Series)
Juvenile Justice (Aspen College Series) Juvenile Justice (Aspen College Series)
Juvenile Justice (Aspen College Series) Juvenile Justice (Aspen College Series)
Juvenile Justice (Aspen College Series) Juvenile Justice (Aspen College Series)
Juvenile Justice (Aspen College Series) Juvenile Justice (Aspen College Series)
Juvenile Justice (Aspen College Series) Juvenile Justice (Aspen College Series)

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