YJP Cover Photo

First in Flight, Last in Youth Justice

by Austin Braxton

North Carolina is the only state that automatically processes every 16 and 17 year-old through its adult criminal justice system without an opportunity for the youth to appeal for a transfer to juvenile court.[1] In fact, juvenile court jurisdiction in 41 states and the District of Columbia extends to most persons under the age of 18.[2] The consequences of this policy outlier are harmful to North Carolina’s youth and place them at a severe disadvantage compared to their peers in other states.

Youth processed through the adult criminal justice system are more likely to be physically or sexually abused and more likely to commit suicide than youth adjudicated through the juvenile justice system.[3] Furthermore, studies have shown that youth are more likely to receive rehabilitation through the juvenile justice system and that recidivism rates are higher for youth transferred to the criminal justice system.[4] In addition, North Carolina youth face the harsh collateral consequences associated with criminal justice involvement at a much younger age, creating obstacles to obtaining gainful employment, financial aid for higher education, and even government housing—all because of adolescent mistakes. In these ways and more, North Carolina disadvantages its youth through its policy that is a departure from the national trend.

The results of North Carolina’s regressive youth justice policy clearly show that change is needed. A very small number of offenders may require the incapacitation that the criminal justice system provides, but there is no need to prosecute all youth as adults by default, especially since North Carolina already employs a robust transfer process to remove youth offenders of certain crimes to the criminal justice system.[5] North Carolina’s juvenile justice jurisdiction would have expanded if House Bill 399, the Young Offenders Rehabilitation Act, had been enacted last summer.[6] Instead, North Carolina’s youth languish as the bill lies with the House Committee on the Judiciary II.[7]

A primary concern of North Carolina lawmakers with expanding the jurisdiction of the juvenile justice system is funding.[8] Quite simply, North Carolina’s juvenile justice system is already under-resourced, so an expansion of its jurisdiction represents an up-front cost to its taxpayers. Fortunately, morality is not the only incentive for raising the age of juvenile jurisdiction. In 2011, the Vera Institute compiled a report that provided a cost-benefit analysis of enacting this change in policy, finding that a net benefit of $52.3 million annually for raising the age.[9]

The caveat to this net benefit is that the offsetting benefits of raising the age of juvenile jurisdiction do not directly return to the state. Although taxpayers would experience some savings as a result of shrinking the jurisdiction of the adult criminal justice system, the vast majority of the benefits are experienced by the youth that are spared an adult criminal conviction. These youth can expect to have higher salaries and contribute more to North Carolina’s economy long-term. Unfortunately, the short-term costs of raising the age has hindered legislation thus far. Though lack of funding is a legitimate concern for raising the age, an inspiring case study for the budgetary impact of this policy change can be found in the state of Connecticut.

Connecticut raised the age of juvenile justice jurisdiction gradually to allay a budget crisis and opposition from law enforcement.[10] Prior to 2010, Connecticut’s juvenile justice system was comparable to those in North Carolina and New York, but youth in Connecticut now experience among the highest levels of protection in the country.[11] Connecticut enacted its raise the age legislation anticipating an increase of $84 million in higher operating costs and $81 million in new construction costs,[12] which is roughly comparable to the estimates submitted by the Vera Institute for North Carolina. However, Connecticut never increased its spending on juvenile justice.[13] The large drop in total arrests for youth in this age bracket precipitated this unprecedented outcome and led to only marginal increases in population size in the state’s detention centers.[14] Furthermore, since the change in policy, Connecticut has experienced lower re-arrest rates for 16-year-olds than for youth 15 and younger,[15] demonstrating the effectiveness of keeping youth out of the adult criminal justice system.

North Carolina also has the opportunity to reap the rewards of juvenile justice reform. Like in Connecticut, arrests of youth in the 16 and 17 year-old age bracket have steadily declined since 2005 in North Carolina.[16] Specifically, total arrests in this age group declined by 36% from 2005 to 2014.[17] Therefore, the costs estimated by the Vera Institute report are likely overstated. North Carolina should seize this opportunity to emulate Connecticut’s success with juvenile justice reform and raise the age of juvenile jurisdiction to protect their youth. In so doing, this state would follow the lead of 7 other states that have recently raised the age of jurisdiction for their juvenile justice systems: Connecticut,[18] Illinois,[19] Mississippi,[20]Massachusetts,[21] New Hampshire,[22] Utah,[23] and Nebraska.[24]

Currently, the Subcommittee on Juvenile Jurisdiction for the Chief Justice’s Commission on the Administration of Law and Justice in North Carolina is drafting a report with recommendations for legislation on raising the age of juvenile jurisdiction. The subcommittee recommends raising the age of juvenile jurisdiction to include 16 and 17 year-olds, with exceptions for youth accused of Class A-E felonies.[25] This recommendation is contingent, however, upon the receipt of funding to implement the change.[26] Stakeholders adamantly maintain that raising the age without full funding would be “detrimental” to North Carolina’s court system.[27] Furthermore, the Subcommittee reemphasized[28] the predicted net benefit of the Vera Institute’s analysis and itemized the spending necessary to expand juvenile court jurisdiction.[29] Hopefully, this work will lead to new legislation that will raise the age of juvenile jurisdiction in North Carolina, or at least a revitalization of House Bill 399. Although North Carolina stands alone in its outdated youth justice policies, some of its lawmakers continue the fight to keep youth out of the adult criminal justice system.

Austin Braxton is a rising 2L law student at UNC-Chapel Hill and a summer legal intern with the Youth Justice Project of the Southern Coalition for Social Justice.

**This blog post was originally posted on the Youth Justice Project website on June 9, 2016. The original post can be found here.**

[2] http://www.ojjdp.gov/ojstatbb/structure_process/qa04101.asp.
[3] http://www.johnlocke.org/acrobat/spotlights/YoungOffenders.pdf.
[4] Id.
[5] http://www.ojjdp.gov/pubs/tryingjuvasadult/states/nc.html.
[6] http://www.ncleg.net/Sessions/2015/Bills/House/PDF/H399v1.pdf.
[7]http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2015&BillID=H399.
[8] http://nccalj.org/wp-content/uploads/2015/12/Minutes-12.11.2015.pdf, page 6.
[9] http://www.vera.org/sites/default/files/resources/downloads/CBA-of-Raising-Age-Juvenile-Jurisdiction-NC-final.pdf, page 11.
[10]http://www.justicepolicy.org/uploads/justicepolicy/documents/jpi_juvenile_justice_reform_in_ct.pdf, page 16.
[11] Id.
[12] Id. at 15.
[13] http://www.raisetheagect.org/results-cost.html.
[14]http://www.justicepolicy.org/uploads/justicepolicy/documents/jpi_juvenile_justice_reform_in_ct.pdf, page 16.
[15] Id. at 17.
[16] http://crimereporting.ncsbi.gov/Reports.aspx.
[17] Id.
[18]http://www.justicepolicy.org/uploads/justicepolicy/documents/jpi_juvenile_justice_reform_in_ct.pdf, page 16.
[19] http://cfyj.org/news/blog/item/raise-the-age-bills-flourish-in-2016.
[20] Id.
[21] Id.
[22] http://www.ncsl.org/research/civil-and-criminal-justice/2014-juvenile-justice-state-legislation.aspx.
[23] http://www.campaignforyouthjustice.org/news/blog/item/2015-state-legislative-sessions-an-update-on-nationwide-juvenile-justice-reforms-to-protect-youth-from-the-adult-criminal-justice-system.
[24] http://www.ncsl.org/research/civil-and-criminal-justice/2014-juvenile-justice-state-legislation.aspx.
[25] http://nccalj.org/wp-content/uploads/2016/05/May-2016-Juvenile-Committee-Meeting-POSTING.pdf, page 43.
[26] Id. at 49.
[27] Id.
[28] Id. at 37.
[29] http://nccalj.org/wp-content/uploads/2016/03/IA1509-21_H399R0.pdf.
Adrienne

Adrienne’s Story

Meet Adrienne. All she wanted was a job. She hated being on public assistance and wanted a chance to work hard and support her kids. But a first-time nonviolent offense on her record was holding her back.

That’s where supporters like you saved Adrienne – and her children – from a life of poverty.

Through the Southern Coalition for Social Justice’s donor-supported Clean Slate program, Adrienne was able to get a Certificate of Relief. This legal document helped her move past her criminal record and find stable housing, education opportunities, and best of all, a job.

That job helped Adrienne fully provide for her children for the first time in many years.

“My Certificate of Relief gave employers the confidence to give me a second chance. For the first time in a long time I feel like my family and I have a promising future.”

When you support SCSJ’s Clean Slate program, you’re not just giving someone like Adrienne a second chance. You’re giving an entire family a better future. And thanks to a generous donor, your gift can help twice as many families if you give today.

Please take a moment to fill out the form below and change twice as many lives by making your gift today.


Daryl Presents at Philanthrophy NY

Daryl Atkinson attends 3 major Criminal Justice Reform Conferences This Week

This week Daryl attended three different criminal justice reform conferences around the country.

On Monday, November 9th he participated in the Criminal Justice and Public Health National Convening hosted at the Ford Foundation in New York. The main focus of the conference was to bring together public health professionals and criminal justice reform advocates, to create a shared vision for public health inclusion in the criminal justice reform movement.

The following day on Tuesday, November 10th Daryl spoke at the Justice Reform: The End of Mass Incarceration Briefing. The event was hosted by Philanthropy New York and included participants from over 20 foundations interested in criminal justice reform. Watch the briefing.

Wrapping up the week, Daryl is presenting at the National Consumer Law Conference along with co presenter Michelle Drake of law firm Nichols Kaster. Their presentation focuses on how the Fair Credit Reporting Act can be used to achieve racial equity. The National Consumer Law Center is hosting the event in San Antonio from Thursday, November 12th through Saturday, November 14th.  Consumer Rights Litigation Conference.

 

 

 

 

CFA5

Ian Mance presents at Code for America Summit

At this year’s Code for America Summit in Oakland, CA, SCSJ’s Ian Mance presented on Identifying Racial Bias in Policing Practices. In 1999 North Carolina became the first state to pass legislation allowing the State Bureau of Investigations to collect traffic stop data from state, city and county police departments.

This massive collection of data was requested by Ian as a law student at the University of North Carolina. To his surprise the data came on a CD drive in the form of a huge text file. The data set proved to be an incredible resource and he was soon contacted by other jurisdictions that wanted to take a look at their local traffic stop information. To keep up with the demand Ian knew the data needed to be compiled into a more user friendly and accessible platform. 

He contacted Colin Copeland of Code for Durham to discuss his idea and the Open Data Policing NC website was born. The primary use of the website is to gather and display NC traffic stop data for all 100 counties and each of the law enforcement agencies within those counties. Everyone from the Greensboro Police Department to the campus police at universities.  

The website’s dual purpose makes it a resource for communities and a management tool for police chiefs. The website illustrates specific data sets of Stops, People, and Searches and only the ID numbers of officers. Visitors can easily utilize the website’s search feature to research their local police stop data. Users are provided graphs and correlations of how different races and ethnicities are treated in traffic stops.

Before the Open Data Policing NC website, huge collections of data illustrating high disparities in traffic stops, consent searches, and the reporting of contraband seized in searches were being collected but no one studied it. Now community based groups, criminal defense lawyers, law enforcement agencies have a incredible tool to bring about improvement in police management. Recently Roanoke Rapids, Chapel Hill, and Greenville used data to start police reforms within their local agencies.

Watch the whole presentation here

 

fed ban the box 2

SCSJ’s Daryl Atkinson meets with POTUS on Ban the Box

President Obama Announces Federal Ban the Box.  SCSJ’s Daryl Atkinson is in Newark, NJ today for a round table discussion with President Obama, Senator Cory Booker and other members of the Formerly Incarcerated and Convicted Peoples’ Movement who have been working for many months to achieve better policies.  While in Newark, the President will highlight the re-entry process of formerly incarcerated individuals who are working to put their lives back on track and earn their second chance. The President will visit a residential facility, Integrity House, and later convene a round table discussion at Rutgers University – Newark, Center for Law & Justice, where he will also deliver a statement.

Today’s White House Press Release details the new actions and facts to promote rehabilitation for the former incarcerated.

Note the Federal Ban the Box will only apply to federal employment and not independent contractors. MSNBC writes about the President’s landmark announcement today.

In October 2014 the Formerly Incarcerated & Convicted People’s Movement (FICPM) went to the Department of Justice and made four demands, changes to the policy around public housing for former prisoners were one of them. Daryl drafted a memorandum on behalf of the FICPM or their request for policy change.  Today’s New York Times highlighted this policy change.

 

Daryl Award Ceremony Pic - Copy (2)

Daryl Atkinson awarded Letelier-Moffitt Human Rights Award

On the evening of Tuesday, October 6th, the Institute for Policy Studies awarded Daryl Atkinson and the Southern Coalition for Social Justice the Domestic Letelier-Moffitt Human Rights Award. The award was in recognition of Daryl and the organization’s work with reforming the criminal justice landscape.

Daryl’s work focuses on those who are released from prison and helping them have greater opportunities to find work and rejoin society. One of his current projects to help former inmates find work is the Ban the Box initiative. It seeks to ban the box on job applications that ask about criminal records.

A Washington Post article cited this quote from Daryl’s speech that evening. “There are a lot of diamonds in the rough who, if they had access to opportunity, could be amazing contributors to this country.”

Read more about the award ceremony and other awardees here

Carlos Riley Trial Pic

Carlos Riley Found Not Guilty of Assault

Durham, N.C.  A jury today found Carlos Riley, Jr. not guilty of assault on a law enforcement officer with a deadly weapon, two counts of assault with a firearm on a law enforcement officer, assault on a law enforcement officer inflicting serious injury, and robbery with a dangerous weapon.  He was found guilty of common law robbery for taking the officer’s handgun from the scene.  SCSJ’s Ian Mance analyzed the officer’s stop and search history, which demonstrated that the officer had a highly-racialized enforcement history and regularly conducted off-the-books traffic stops. That information was used during Alex Charns’ cross-examination to attack the officer’s credibility.

Umar Muhammad, SCSJ’s Community Organizer, attended court in support of the family and community members as often as possible.  SCSJ’s David Hall made an appearance in the Carlos Riley case to make a motion to have Mr. Riley’s car returned.

Shortly before the verdict was read, the judge allowed Carlos’ younger sister Destini to screen her 15 minute documentary film, “I, Destini” in the courtroom for her brother. The film premiered at Hayti Heritage Center last week and is about the impact of Carlos’ incarceration on her family.  Here is her September 2013 statement to the Durham City Council about the case:

Daryl3

SCSJ’s Daryl Atkinson on the PBS NewsHour discussing “Ban the Box”

SCSJ Senior Attorney for Criminal Justice Daryl Atkinson appeared on the PBS NewsHour on Wednesday, June 17, 2015 and discussed “Ban the Box” hiring reform with NewsHour Senior Correspondent William Brangham and senior executive counsel for the National Federation for American Business Elizabeth Milito.

From its earliest days as a refuge for colonial settlers seeking a fresh start in a new world to its years as the land of opportunity for immigrants dreaming of new beginnings, America’s story has always been one of second chances. A promise to begin anew to make a better life is both inherent to America’s character and deeply embedded in its value system.

However, the nation has not embraced the ideal of second chances for people convicted of crimes.  Over the last 30 years America has experienced an explosion in the number of people who have come into contact with the criminal legal system: nearly 1.6 million people are currently in prison, 4 million are on probation, and 70 million have a criminal record. For many job applicants throughout the country, one question blocks them from gainful employment and economic opportunity: a single question, often posed as a checkbox on the front of most job applications, which asks about an applicant’s criminal history. For many employers, it has become a way to weed out applicants before ever considering qualifications such as education and job history. This practice is widespread, and its negative effects on job applicants and their communities are staggering.

Rather than let this pernicious barrier to opportunity stand, a movement to “Ban the Box”-to remove this checkbox from applications- has risen to disassemble such structural discrimination facing people with criminal records. The “Ban the Box” movement was birthed in the Bay Area by a group of formerly incarcerated people named “All of Us or None”.  To date, 17 states across the country and more than 100 cities and counties have passed laws to remove this barrier, to great advantage. Atkinson described the successful passage of “Ban the Box” legislation in both the County and City of Durham, North Carolina in 2011 and 2012:

“I believe that millions of people who cycle in and out of our criminal justice system can be successful as well if they have the necessary support…We have seen the percentage of people hired who have criminal records go up every year without any increases in workplace theft or crime. None of these folks have been subsequently terminated because they committed a subsequent offense.”

Durham’s success is hardly a flash in the pan; the gains it has reaped since banning the box are consistent with those in recent findings evaluating the larger impact of Ban the Box hiring reform.

Today, Americans are taking increasing notice of the injustices inherent to the country’s system of mass criminalization as well as the collateral consequences that individuals-disproportionately people of color-suffer as a result of their contact with the criminal legal system. More and more, they recognize how discriminatory hiring practices facing formerly incarcerated people betray America’s promise and are thus taking action to ensure that people with convictions have a fair chance to work. In recent months, elected officials and business leaders have joined religious, labor, and civil rights groups in supporting the national civil and human rights coalition comprised of formerly incarcerated people that launched and currently leads the nation-wide “Ban the Box” campaign.

Watch the full segment and view a transcript of the NewsHour segment here:

 

This post was written by SCSJ Researcher Sarah Moncelle