JUVENILE JUSTICE COURT Santa Clara County The Typical Life of a - - PowerPoint PPT Presentation

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JUVENILE JUSTICE COURT Santa Clara County The Typical Life of a - - PowerPoint PPT Presentation

Judge Katherine Lucero Superior Court JUVENILE JUSTICE COURT Santa Clara County The Typical Life of a Case Arrest of citation Diversion options Contested Hearings Jurisdiction Disposition Custody, EMP , CRP , PSW, Fines and Fees


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JUVENILE JUSTICE COURT

Judge Katherine Lucero

Superior Court Santa Clara County

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The Typical Life of a Case

Arrest of citation Diversion options Contested Hearings Jurisdiction Disposition Custody, EMP , CRP , PSW, Fines and Fees Restitution Reviews Dismissal/Sealing

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In Miller, Justice Elena Kagan’s majority opinion she notes, we cannot “preclude consideration of

chronological age and its hallmark features – among them, immaturity, impetuosity, and failure to appreciate risks and consequences.”

Adolescent Brain Development

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GIRLS ARE DIFFERENT

50% of girls statewide identify as LBGT-GNC Sexual Assault to Prison Pipeline Relationships matter Mother-daughter fractured relationships Education is critical for rehabilitation. Young Women’s Freedom Center

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Recent Law Changes

Direct Files no longer permitted All hearings now called Transfer Hearings Juvenile Miranda Prosecution of kids under 12 Direct File for 14 and 15 year olds

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Gangs and Juvenile Justice Court

Many youth not yet “jumped” in, however they associate. Many youth feel they must join to be safe and protected in their neighborhoods. Many youth want to have a different life but do not know how and do not have the support they need to leave the gang directed path. No gang unit at JPD: Many gang diversion programs.

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Access to Justice for Multi-Court and Multi-System families

The real work of the Juvenile Court Judge is to rehabilitate the youth and keep society safe. And it is keeping society safe when we focus on rehabilitation.

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Juvenile Court Judge as Resource Developer

California Standards of Judicial Administration Provide active leadership within the community in determining the needs of and

  • btaining and developing resources and

services for at-risk children and families. At-risk youth include delinquents, dependents and status offenders.

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COURT AS ONE PART OF A SYSTEM

JUDGE AS DIRECTOR

Superior Court as the Umbrella Department of Probation Educational System Drug and Alcohol Services Department Mental Health Department Department of Corrections Families involved in more than one court at a time: Child Welfare, Criminal , Probate, Family FIRST 5 of Santa Clara County Medical Care, Immigration, Housing Department

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Disproportionality in Juvenile Justice

SANTA CLARA COUNTY

(consistent with national and regional data re: AA youth) 85% of incarcerated youth are Latino Latino Children are 33% of SCC population 18% of incarcerated are African American African American Children are 3% of SCC population

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Who is in Court?

Youth age 12 to 18 Almost 90% of the kids in court are disengaged with or failing in school. Middle School is critical for youth to feel successful and competent. Transition to high school is where I see we lose kids. Marijuana use is high.

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YOUTH IN THE JUVENILE JUSTICE SYSTEM

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Sex and Age of Youth Arrested

  • 77% of youth arrested were male.
  • 57% of youth arrested were 16 and
  • lder.
  • 32% were 14 & 15 years old.
  • 11% were 13 years old and younger.

Home Life

  • The zip codes where most youth

reside include 95122, 95116 and 95020 (19% total). ฀Girls had less parental supervision (41%) compared to boys (29%).

Child Abuse and Neglect

  • 55% of youth had at least one

referral as the alleged victim. ฀Girls (35%) self-reported more abuse/neglect and trauma compared to boys (18%).

Education

฀ For boys, School Inadequacy was higher (35%) compared to girls (25%). ฀ Issues due to lack of intellectual capacity (boys 19%, girls 14%) and due to achievement problems (boys 36%, girls 31%).

Criminogenic Needs

฀For boys, Criminal Orientation was higher (26%) compared to girls (14%). ฀Just over 40% of boys and girls had anti-social peers.

Behavioral Health

฀30% of girls attempted or thought about committing suicide versus 11% of boys. ฀70% of girls and 62% of boys had significant issues with depression, anxiety, and other emotional factors.

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SOCIAL MEDIA ISSUES

1. Social Pressure heightened due to social media platforms- causes anxiety for youth 2. Lots of “evidence” on phones that ends up in court (Instagram posts of “loot” and gun play, sexting and revenge porn) 3. Bullying online 4. Meeting up for crimes

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2017-2019 JUVENILE CRIME TRENDS

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Foster ED Program at JPD

Education is viewed as the key pro-social activity that youth can be linked to in order to take them off the pipeline to prison-

  • Automatic Educational Screenings
  • Youth referred to Foster Ed Liaison, Project YEA or LACY
  • Family Member identified and trained up as the Ed Champion
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When necessary, legal representation is available for Educational Rights and Immigration issues to eliminate legal

  • barriers. As a result, youth feel safe

and welcomed at school and in their community which would lead to school and community investment and success.