I am going to start this by tackling the Direct Filing of Information Statute that allows District Attorney’s to transfer a case from juvenile court to adult court.  This is how our young men and women find their way into adult prison facilities.  I am going to let Mary Ellen tackle the issue of Juvenile Clemency and we will both tackle the issues of confinement.  The issue of Direct File and Juvenile Clemency are the pillars on either side of long sentences in an environment that will determine a young persons  future.

Although the opportunity of Direct File has been around for many years, it used to take a court hearing in order for the District Attorney to use this measure to transfer a juvenile case to adult court.  The hearing required the presence of the accused, the defense attorney, the parents of the accused, school officials, physician if appropriate and the district attorneys office.  The school records and criminal records (if any) were also presented.  All persons present had a say concerning the disposition of the case.  The judge would then take all information and render a decision regarding the disposition of the case.  During the process of this investigation and hearing, the name of the juvenile offender or the family was not released to the public and all proceedings were held behind closed doors.  This was to protect a juvenile offender from unnecessary publicity that would hinder his rehabilitation process and his return to his community as a productive member.  At all times the best interest of the juvenile and the restoration of the family were held most important.  Even in the case of felony crimes or murder. 

I grew up during this time.  I turned 18 in 1976.  I remember some events that would have turned out completely different if they happened today.  One of my friends was drag racing one night.  The car he was driving lost traction and he went off the road.  It paralyzed him.  He was ticketed for careless driving and the ticket was reduced to a speeding ticket.  No one sued the other teen that he was racing, no one tried to haul my friend off to court and throw the book at him.  Everyone gathered around the family and tried to help them adjust to their sons new disability.  It didn’t make a big news story, it didn’t turn into a vendetta by the police department against young drivers…..it was a young man’s mistake.

I had a friend that was getting ready to cross a street at a very busy high school intersection.  A young person made a right turn and hit him breaking both of his legs.  The young driver was ticketed for failing to yield to a pedestrian in a cross walk.  The drivers insurance company paid for his medical and everyone forgave each other and thanked God that my friend was alive.  No one went to court, no one sued, no one turned it into a vicious crime….it was an accident. 

One of the star players on the girls basketball team was taken out of practice one day because she was over dosing on drugs.  They took her out in an ambulance, called her parents and rushed her to the hospital.  They did not arrest her on drug charges, they did not plaster her name in the papers, they did not turn her into a criminal….they helped her. 

One afternoon my friend was home with his siblings and other friends.  They were looking at his fathers gun when it went off and instantly killed my friends brother.  No one took my friend into custody, pending investigation.  No one plastered the family name all over the paper.  No one questioned whether these might be gang members (because of ethnicity).  No one assumed that there was any foul play.  It was a fatal accident that ripped through a family and we all came along side. 

One of my friends was backing out of a driveway on his way to school.  The driveway sloped to the street.  He didn’t know that the little neighbor boy was out riding his tricycle.  When he backed up, he hit the little boy and it took a minute for him to realize there was a strange noise coming from under the car.  The little boy died.  My friend was devastated.  No one arrested him and labeled him a murderer.  No one plastered his name all over the paper.  No one made him out to be a monster.  It was an accident…….that caused him pain for a long time.  Yet he was given the opportunity to deal with that pain privately in the comfort of family and friends.  No additional drama was added to the already tragic event. 

This is what happens when a community takes responsibility for the actions and mistakes of their young people.  Kids make dumb choices and mistakes.  The most dangerous time for any mother is during the time their children are trying their wings….learning to fly solo.  Sometimes the short flight takes them close to a predator, sometimes the short flights takes them into dangerous territory, sometimes the flight takes them into a situation where they must judge how to maneuver through and they fail.  But that is how you learn to fly.

I began searching to see how the rest of the world dealt with their juveniles.  It was surprising.  The Philippines, Brazil and other countries believe that juvenile offences should be dealt with by the tribal or council elders.  They take care of punishment, retribution and restoration between all parties.   You can view this information at the link below.

[1] http://www.britannica.com/EBchecked/topic/1349207/juvenile-justice/271949/The-Philippines”>juvenile

Then in my process to find information, I came across a very interesting web site called:  [2] www.juvenilejusticepanel.org .  This web site gives the United Nations Agreements on Juvenile Justice Issues.  It talks about international conferences on juvenile justice and lists the juvenile justice policies for all United Nations Members. 

The United Nations believes that the rights and needs of a juvenile offender should be protected at all costs and at all times.  The focus should always be training, education, cognitive development and a program designed to returning the juvenile offender to their community.  The UN council also gives special attention to the holding and treatment of the accused and reminds all nations of their innocence until proven guilty.  Therefore a juvenile offender charged with a crime should be held in the most careful of situations until the offender has completed the hearings process.  Germany believes that a juvenile should be incarcerated only as a last resort and that the maximum term that any juvenile offender can serve is 10 years.  The juvenile offenders are always housed in juvenile facilities.  Most of these nations focus on cognitive behavior, education, skills training, meaningful work and a program designed for liberty at the end of the sentence.  The bottom line is that is the requirement of international law as adapted by the UN Council on Juvenile Justice.  I urge you to read through this site.  We, as a country are in violation of international law.