1. Kids & The Juvenile Court Juvenile Justice: Law, Policy and Opportunities to Reform Law Review Symposium October 11, 2013 Kimberly P. Jordan

2. Kids in Juvenile Court Stats History of Juvenile Court Gault – 1 st Game Changer

3. Roper, Graham, Miller 8 th Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted Proportionality Youth Matters!

4. Roper v. Simmons, 125 S.Ct. 1183 (2005) today our society views juveniles….as “categorically less culpable than the average criminal” Not “the worst of the worst” As any parent knows…. Vulnerability Personality

5. Adolescent Development by Dr. Davis

6. Graham v. Florida, 130 S.Ct. 2011 (2010) “developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds” a juvenile offender who did not kill or intend to kill has a twice diminished moral culpability

7. Progeny of Graham No Retributive Justice for Juveniles? More Treatment, Less Punishment? No LWP in Our Future? Challenges for States Retroactivity New Sentencing

8. Miller v. Alabama, 132. S.Ct. 2455 (2012) Roper and Graham establish that children are constitutionally different from adults for sentencing purposes

9. Brain Development by Dr. Davis

10. JDB v. North Carolina, 131 S.Ct. 2394 (2011) Kids under arrest “a reasonable child subject to police questioning will sometimes feel pressured to submit when a reasonable adult would feel free to go” Child’s age “more than a chronological fact”

11. Going Forward Non Serious Offender Keep Status Offenders out of Court More Use of Diversionary Programs for Misdemeanors Implement Behavioral Supports in Schools to Reduce School Based Referrals Serious Offenders Individualized Sentencing Improved conditions of confinement Reduce harsh sentences

12. Going Forward All Juvenile Offenders No Waiver of Counsel Improve Interrogation Rules for Juveniles Improve Collaboration Across Systems Developmental Sentencing

13. Questions?