Seattle1
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Juvenile Justice Reform Efforts
Unfortunately for young people and their parents, Wisconsin is one of only nine states in the nation in which all 17 year-olds are automatically treated as adults in the criminal justice system.
You’re an adult for punishment purposes, but nothing else. This get-tough regime enacted in 1996 flies in the face of fairness, common sense, psychological and sociological studies, and the reality recognized by the majority of the United States Supreme Court in Roper v. Simmons, 543 U.S. 551, 569 (2005).
[A]s any parent knows and as the scientific and sociological studies . . . tend to confirm, “[a] lack of maturity and an underdeveloped sense of responsibility are found in youth more often than in adults and are more understandable among the young. These qualities often result in impetuous and ill-considered actions and decisions.” . . . (“Even the normal 16–year–old customarily lacks the maturity of an adult”). It has been noted that “adolescents are overrepresented statistically in virtually every category of reckless behavior.” . . . In recognition of the comparative immaturity and irresponsibility of juveniles, almost every State prohibits those under 18 years of age from voting, serving on juries, or marrying without parental consent.
The State Bar of Wisconsin and one of the authors of this blog when he was on the Board of Governors vigorously pushed for enactment of the Second Chance Act, which would have returned most 17 year-olds to juvenile court jurisdiction.
Despite bipartisan support for this real reform to undo the harmful aspect of the 1996 law, the bill did not get through the Wisconsin Legislature.
Recently, the Legislature took some minor steps to address changes to state’s juvenile detention system due to reports of inmate abuse and unsafe conditions at the state’s only juvenile corrections facility.
A bill was passed that will place serious juvenile offenders in a new juvenile prison that will be overseen by the state Department of Corrections.
Juveniles who are charged with less serious offenses will be placed in secure residential care facilities, which are intended to allow offenders to remain closer to their homes and provide them with the resources and stability they need. Much more needs to be done to protect the best interests of Wisconsin children.
Unfortunately for young people and their parents, Wisconsin is one of only nine states in the nation in which all 17 year-olds are automatically treated as adults in the criminal justice system.
You’re an adult for punishment purposes, but nothing else. This get-tough regime enacted in 1996 flies in the face of fairness, common sense, psychological and sociological studies, and the reality recognized by the majority of the United States Supreme Court in Roper v. Simmons, 543 U.S. 551, 569 (2005).
[A]s any parent knows and as the scientific and sociological studies . . . tend to confirm, “[a] lack of maturity and an underdeveloped sense of responsibility are found in youth more often than in adults and are more understandable among the young. These qualities often result in impetuous and ill-considered actions and decisions.” . . . (“Even the normal 16–year–old customarily lacks the maturity of an adult”). It has been noted that “adolescents are overrepresented statistically in virtually every category of reckless behavior.” . . . In recognition of the comparative immaturity and irresponsibility of juveniles, almost every State prohibits those under 18 years of age from voting, serving on juries, or marrying without parental consent.
The State Bar of Wisconsin and one of the authors of this blog when he was on the Board of Governors vigorously pushed for enactment of the Second Chance Act, which would have returned most 17 year-olds to juvenile court jurisdiction.
Despite bipartisan support for this real reform to undo the harmful aspect of the 1996 law, the bill did not get through the Wisconsin Legislature.
Recently, the Legislature took some minor steps to address changes to state’s juvenile detention system due to reports of inmate abuse and unsafe conditions at the state’s only juvenile corrections facility.
A bill was passed that will place serious juvenile offenders in a new juvenile prison that will be overseen by the state Department of Corrections.
Juveniles who are charged with less serious offenses will be placed in secure residential care facilities, which are intended to allow offenders to remain closer to their homes and provide them with the resources and stability they need. Much more needs to be done to protect the best interests of Wisconsin children.
Wisconsin Laws and Policies for Juvenile Offenders Charged As Adults
If your child is facing juvenile or criminal charges that may result in him or her being waived to adult court or tried as an adult, the experienced attorneys at GRGB Law can help you understand and protect your child’s rights and the best options for defense. Contact our Milwaukee juvenile...
www.grgblaw.com