Juvenile Law Presentation

SUFFER THE CHILDREN: 

SUFFER THE CHILDREN The Past, Present, and Future of Colorado Juvenile diversion and restorative justice: An overview for the practitioner

Why Should We Care?: 

Why Should We Care? And he said: "I tell you the truth, unless you change and become like little children, you will never enter the kingdom of heaven. -Matthew 18:3 13 Then little children were brought to Jesus for him to place his hands on them and pray for them. But the disciples rebuked those who brought them. 14 Jesus said, "Let the little children come to me, and do not hinder them, for the kingdom of heaven belongs to such as these." 15 When he had placed his hands on them, he went on from there. -Matthew 19:13-15

God’s Word: 

God’s Word 12 Jesus entered the temple area and drove out all who were buying and selling there. He overturned the tables of the money changers and the benches of those selling doves. 13 "It is written," he said to them, " 'My house will be called a house of prayer,' but you are making it a 'den of robbers.' " 14 The blind and the lame came to him at the temple, and he healed them. 15 But when the chief priests and the teachers of the law saw the wonderful things he did and the children shouting in the temple area, "Hosanna to the Son of David," they were indignant. 16 "Do you hear what these children are saying?" they asked him. "Yes," replied Jesus, "have you never read, " 'From the lips of children and infants you have ordained praise' ?" 17 And he left them and went out of the city to Bethany, where he spent the night. -Matthew 21:12-17

God’s Word: 

God’s Word 33 They came to Capernaum. When he was in the house, he asked them, "What were you arguing about on the road?" 34 But they kept quiet because on the way they had argued about who was the greatest. 35 Sitting down, Jesus called the Twelve and said, "If anyone wants to be first, he must be the very last, and the servant of all." 36 He took a little child and had him stand among them. Taking him in his arms, he said to them, 37 "Whoever welcomes one of these little children in my name welcomes me; and whoever welcomes me does not welcome me but the one who sent me." -Mark 9:33-37 42 "And if anyone causes one of these little ones who believe in me to sin, it would be better for him to be thrown into the sea with a large millstone tied around his neck. -Mark 9:42

God’s Word: 

God’s Word 13 People were bringing little children to Jesus to have him touch them, but the disciples rebuked them. 14 When Jesus saw this, he was indignant. He said to them, "Let the little children come to me, and do not hinder them, for the kingdom of God belongs to such as these. 15 I tell you the truth, anyone who will not receive the kingdom of God like a little child will never enter it." 16 And he took the children in his arms, put his hands on them and blessed them. -Mark 10:13-16 What is the Application of these Verses?

The Prodigal Son: 

The Prodigal Son 11 Jesus continued: "There was a man who had two sons. 12 The younger one said to his father, 'Father, give me my share of the estate.' So he divided his property between them. 13 "Not long after that, the younger son got together all he had, set off for a distant country and there squandered his wealth in wild living. 14 After he had spent everything, there was a severe famine in that whole country, and he began to be in need. 15 So he went and hired himself out to a citizen of that country, who sent him to his fields to feed pigs. 16 He longed to fill his stomach with the pods that the pigs were eating, but no one gave him anything. 17 "When he came to his senses, he said, 'How many of my father's hired men have food to spare, and here I am starving to death! 18 I will set out and go back to my father and say to him: Father, I have sinned against heaven and against you. 19 I am no longer worthy to be called your son; make me like one of your hired men.' 20 So he got up and went to his father. "But while he was still a long way off, his father saw him and was filled with compassion for him; he ran to his son, threw his arms around him and kissed him. 21 "The son said to him, 'Father, I have sinned against heaven and against you. I am no longer worthy to be called your son. ' 22 "But the father said to his servants, 'Quick! Bring the best robe and put it on him. Put a ring on his finger and sandals on his feet. 23 Bring the fattened calf and kill it. Let's have a feast and celebrate. 24 For this son of mine was dead and is alive again; he was lost and is found.' So they began to celebrate. 25 "Meanwhile, the older son was in the field. When he came near the house, he heard music and dancing. 26 So he called one of the servants and asked him what was going on. 27 'Your brother has come,' he replied, 'and your father has killed the fattened calf because he has him back safe and sound.' 28 "The older brother became angry and refused to go in. So his father went out and pleaded with him. 29 But he answered his father, 'Look! All these years I've been slaving for you and never disobeyed your orders. Yet you never gave me even a young goat so I could celebrate with my friends. 30 But when this son of yours who has squandered your property with prostitutes comes home, you kill the fattened calf for him!' 31 " 'My son,' the father said, 'you are always with me, and everything I have is yours. 32 But we had to celebrate and be glad, because this brother of yours was dead and is alive again; he was lost and is found.' "

The Prodigal Son: 

The Prodigal Son Application 3 Responses Father Wayward Son The Brother

Jacob Christenson: 

Jacob Christenson Background: 10 year old playing with a lighter on Mother’s Day, May 9th, 2010. "We were just walking around, being bored," Jacob says. "[The older boy] told me to light this piece of paper on fire. I was like, okay, but I wasn't lighting anything else. It burned him, and he threw it into the bush. And I tried to get it out, and I got burned. Then we started throwing rocks at it, trying to put it out." "It started catching on the center bush," Jacob recalls. "Then it lit the first bush. And it went to the third and fourth and then to the house. It just happened. We both started running, and we were yelling for help. Somebody saw the fire and called the cops, and the fire department people came up. I'd never seen anything like it except on the news." No one injured, property damage to one of the Town Homes. County Assessor’s Office values the Town Home at $133,000. http://blogs.westword.com/latestword/2011/01/jacob_christenson_10_year_old_arson_trial.php

Jacob: What Now: 

Jacob: What Now D.A. charges Jacob with 2nd Degree Arson--D.A. is known for playing hard ball. Public Defender comments about the harsh charges. "That's what boys do," says attorney Dariel Weaver. "They play with magnifying glasses and matches, they have rock fights. I don't think you can say that Jacob set out with the intention to burn a house down." "Yes, these people suffered losses," Weaver says. "But that can be addressed civilly. The criminal justice system is being used to recover civil damages from a ten-year old." Who wins?---Note about the residents.

The D.A. Response: 

The D.A. Response D.A. Carol Chambers responds to the media with an interview. "We are treating Jacob Christenson in the same way we would treat any juvenile who allegedly committed a property offense in this judicial district" "Charges are based on conduct, not age." She says that what she finds most interesting in the media's coverage of the case "is the complete disregard and empathy for the victim whose home was destroyed." "I do not think most people can fathom the devastation they would suffer if their home was destroyed," she said. "And what if she or someone else, such as a firefighter, had been injured as a result of this fire?" Johnson: D.A. Chambers says justice system can help boy in fire controversy - The Denver Post http://www.denverpost.com/search/ci_17178690#ixzz1IjrUxNcl

The Result: 

The Result D.A. Chambers reverses her stance on prosecution and refers the case to Juvenile Diversion. No prosecution so long as the terms of the diversion remain satisfied. Jacob is participating in a work-program that earns minimum wage in order to pay for restitution. Parker boy ordered to diversion in townhome fire - The Denver Post http://www.denverpost.com/search/ci_17503795#ixzz1IjtTgR73

Statutory Construction: 

Statutory Construction C.RS. 19-1-103(44) "Diversion" means a decision made by a person with authority . or a delegate of that person that results in specific official action of the legal system not being taken in regard to a specific juvenile or child and in lieu thereof providing individually designed services by a specific program. The goal of diversion is to prevent further involvement of the juvenile or child in the formal legal system. Diversion of a juvenile or child may take place either at the prefiling level as an alternative to the filing of a petition pursuant to section 19-2-512 or at the postadjudication level as an adjunct to probation services following an adjudicatory hearing pursuant to section 19-3-505 or a disposition as a part of sentencing pursuant to section 19-2-907. "Services", as used in this subsection (44), includes but is not limited to diagnostic needs assessment, restitution programs, community service, job training and placement, specialized tutoring, constructive recreational activities, general counseling and counseling during a crisis situation, and follow-up activities. SERVICES MAY INCLUDE RESTORATIVE JUSTICE PRACTICES, INCLUDING WHERE PRACTICABLE, VICTIM-OFFENDER CONFERENCES. (emphasis added).

Statutory Construction: 

Statutory Construction CRS 19-2-303 (1) In order to more fully implement the stated objectives of this title, the general assembly declares its intent to establish a juvenile diversion program THAT, WHEN POSSIBLE, INTEGRATES RESTORATIVE JUSTICE PRACTICES to provide community-based alternatives to the formal court system that will reduce juvenile crime and recidivism, change juvenile offenders' behavior and attitudes, PROMOTE JUVENILE OFFENDERS' ACCOUNTABILITY, RECOGNIZE AND SUPPORT THE RIGHTS OF VICTIMS, HEAL THE HARM TO RELATIONSHIPS AND THE COMMUNITY CAUSED BY JUVENILE CRIME , and reduce the costs within the juvenile justice system. (2) The division of criminal justice of the department of public safety is authorized to establish and administer a juvenile diversion program THAT, WHEN POSSIBLE, INTEGRATES RESTORATIVE JUSTICE PRACTICES. In order to effectuate the program, the division may contract with governmental units and nongovernmental agencies to provide services for eligible youth through community-based projects providing an alternative to a petition filed pursuant to section 19-2-512, an adjudicatory hearing pursuant to section 19-3-505, or dispositions of a juvenile delinquent pursuant to section 19-2-907. (5) When applying for a contract with the division of criminal justice to provide services to youths under the juvenile diversion program, a community project shall submit for review by the division a list of the project's objectives, A LIST OF THE RESTORATIVE JUSTICE PRACTICES, IF APPLICABLE, INCLUDED IN THE PROJECT , a report of the progress made during the previous year if applicable toward implementing the stated objectives, an annual budget, and such other documentation as may be required by the director. (emphasis added)

Diversion Programs: 

Diversion Programs Each CO district administers their own juvenile diversion programs. Programs may differ from district to district. Practitioners should contact their district for a list of juvenile programs available.

1st Judicial District: 

1st Judicial District Serves 300 new juvenile clients per year covers Jefferson and Gilpin Counties: SUCCESS RATE: 78% Clients are accepted into Diversion for a period of one year. Each client that participates on the Diversion Program is assigned a Diversion Officer who will supervise their progress for the duration of the program. Personal responsibility and personal accountability are core values that each Diversion Officer tries to teach and encourage. Regular meetings or contact with the Diversion Officer, Community Service, Urine Scans, Full-time school or full-time work (Clients 17 and under must be attending school full-time), No use or possession of alcohol or controlled substances, No further status or criminal offenses, Payment of victim restitution (if required by the Court)Respectful/obedient member of the familyRemain in Colorado unless given permission to leave by Diversion Officer, Payment of Court and Diversion Program fees, Apology to victim In addition to the above items, the Diversion Program attempts to create a contract that will enhance the client's ability to make pro-social and non-destructive choices. Further, the contract can be designed in a manner that provides necessary flexibility, based upon client needs.

2009-2010 State Diversion Award Examples: 

2009-2010 State Diversion Award Examples http://dcj.state.co.us/oajja/GrantPrograms/SFY10%20Juvenile%20Diversion%20Funded%20projects.pdf

I Could Have Gone Either Way: 

I Could Have Gone Either Way http://www.youtube.com/watch?v=OaM7401DrfA

Do They Work?: 

Do They Work? “Research suggests that restorative justice programs can have a positive impact on recidivism. For example, Nugent et al. (1999) reviewed and analyzed the results of fours studies of victim-offender mediation (VOM) programs for juveniles and found that participation in VOM reduced recidivism. Youth participating in VOM recidivated at a rate of 19% compared to 28% for their comparison group counterparts.” “Latimer et al. (2001) conducted a meta-analysis of 22 studies involving 35 restorative justice programs and found that restorative justice programs are a more effective method of improving victim/offender satisfaction, increasing compliance with restitution, and decreasing recidivism compared to non-restorative approaches. While more rigorous research is needed, particularly for family group conferencing and peacemaking circles, restorative justice programs overall do appear to have a positive impact on reducing recidivism.” http://cdpsweb.state.co.us/cccjj/PDF/WW08_022808.pdf (note: this was a world-wide study done in Canada)

Results and Recidivism: 

Results and Recidivism OverView of DA 18 http://www.da18.org/page15673322.aspx

The Future : 

The Future HB 11-1032 http://www.leg.state.co.us/CLICS/CLICS2011A/csl.nsf/fsbillcont3/D9ABC2E028CA4D3487257808008012EA?Open&file=1032_01.pdf The bill adds restorative justice to the options a court has when it imposes an alternate sentence instead of incarceration or as a part of a probation service. Under current law, restorative justice sentencing provision are permitted in juvenile cases during advisement, entry of plea, sentencing and during probation. The bill would make some of those provisions mandatory, including provisions that would require most juveniles to undergo a pre-sentence evaluation to determine whether restorative justice is a suitable sentencing option. Prior to charging a juvenile for the first time, which juvenile would be subject to misdemeanor or petty offenses, the district attorney shall assess whether the juvenile is suitable for restorative justice. If the district attorney determines the juvenile is suitable, the district attorney may offer the juvenile the opportunity to participate in restorative justice rather than charging the juvenile. The bill directs the department of corrections to establish policies and procedures for facilitated victim offender dialogues in institutions under the control of the department, which would arrange the dialogues if requested by the victim and agreed by the offender. The bill encourages each school district in the state and the state charter school institute to implement restorative justice practices that each school in the district or each institute charter school can use in its disciplinary program. The bill creates the right for a victim to be informed by the district attorney about the availability of restorative justice practices and the possibility of a victim-offender conference. http://www.cafca.net/publications/cafca-publications.html

Opposition: 

Opposition Colorado District Attorney’s Council among others Why? What do you think?

Conclusion: 

Conclusion