Bridging justice between childhood and adulthood
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Mass Tragedies
It is with heavy hearts that we write this newsletter following a series of tragic mass shootings, including those in Buffalo, NY, and Uvalde, TX, with 18-year-olds accused as perpetrators. Although it’s been reported that the average age of mass shooters is 33, emerging adults are involved in a disproportionately large number of them. According to a RAND study, 26% of people who perpetrated public mass shooters between 1976 and 2018 were younger than 25. Furthermore, the average age of mass shooters at schools is 18.
An increasing number of state legislatures are now considering bills to raise the minimum legal age for purchasing firearms to exclude older youth to age 21. Highlighted in these debates is research in neurobiology and developmental psychology showing that youth do not fully mature until the mid-20's. The discussions and the media reports have also been highlighting mental health and family support (and other factors of well-being) as critical elements of public safety.
Earlier this month (June 8), the House of Representatives passed the Protecting Our Kids Act, which generally prohibits the sale or transfer of certain semiautomatic firearms to individuals who are under 21 years. At the moment, it seems extremely unlikely that the Senate will pass the Bill as written, leaving challenging advocacy and actions up to state actors.
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Newly released data by the Juvenile Justice Policy and Data Board (JJPAD) highlights the fact that monthly caseloads across Massachusetts' juvenile justice system are significantly decreasing. Of cases that enter the system, most are dismissed or diverted before they reach an adjudication, and a majority of cases are for misdemeanors and low-level offenses. These decreases in juvenile arrests as well as court, post-adjudication community supervision and correction caseloads are substantial and provide further support for the active advocacy campaign to pass pending legislation to raise gradually the upper age of juvenile jurisdiction to age 21.
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California's Assembly Bill 2632 (pending) considers a clear definition of what solitary confinement looks like, its impacts on specific populations, and sets limits on how it can be used. If passed, the bill will prohibit facilities from involuntarily placing individuals in solitary confinement if the individual has a disability, is pregnant, or is a member of a particularly vulnerable population. Notably, the Bill places special emphasis on individuals under age 26 and over age 49 as amongst the most vulnerable, prohibiting facilities from involuntary placing any such individuals in solitary confinement. Solitary confinement remains a common practice in jails, prisons, and detention facilities in California, where 1,557 incarcerated people have been in solitary confinement for more than ten years. Acknowledging the prevalence of the practice in California, this bill recognizes the United Nations General Assembly's Nelson Mandela Rules prohibiting any period of segregation beyond fifteen days and defining it as torture.
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Virginia's Joint Legislative Audit and Review Commission prepared a racial and ethnic impact statement for Senate Bill 134, which proposed to raise the upper age of juvenile jurisdiction for delinquency matters from 18 to 21, shifting more 18-, 19-, and 20-year-olds into juvenile and domestic relations district court. Through JLARC's assessment, they found that "[a]lthough fewer individuals have criminal cases adjudicated in circuit court than general district court, the racial differential for these individuals as a result of SB 134 could be larger."
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Failure to consider the "phenomenally juvenile" actions of Charles Mallis, and to account for this as a mitigating factor, led to the reversal of the sentence and a remand to the trial court for resentencing. Mallis was 20 years old at the time of the offense and he subsequently pled guilty to first-degree assault with a firearm. In December 2020, the appeals court found that Mallis' trial counsel had failed to bring State v. O'Dell to the sentencing court's attention, neither bringing up the defendant's age nor considering his youthfulness when imposing the original length of his sentence. This case may contribute to future attempts at raising the age of full criminal culpability for emerging adults (aged 18 to 25) both in Washington and nationwide.
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As a lifelong advocate for fairer and more equitable treatment of young people under Illinois’ law, Betsy’s career has seen her through an array of roles, from attorney to policy advocate, as she founded the Juvenile Justice Initiative (JJI) in 2000 and directed it until her retirement this past year. Much like the awards namesake, Marion Mattingly, who helped develop congressional support for the first federal policy on juvenile justice (JJDPA) and co-founded the Coalition for Juvenile Justice in the 1970s, Betsy’s contributions have been far-reaching. They include: the successful advocacy for raising the upper age of juvenile court jurisdiction from 17 to 18 in 2010; raising the lower age of detention from 10 to 13; and bringing much-appreciated perspectives on international human rights and human dignity to the work on the ground across the state. Congratulations, Betsy and JJI!
In recognition of his extraordinary dedication to the right to counsel across the Commonwealth of Massachusetts, Josh received the Earl Gideon Award. Josh has recently retired as the co-founder and Director of the Youth Advocacy Division of the Committee for Public Counsel Services (CPCS), one of the first statewide juvenile defender departments in the country. Just a sample of the many youth justice reforms achieved under Josh’s leadership include: raising the age of juvenile jurisdiction from age 17 to 18 in 2013, the creation of a parent-child testimonial privilege, the enhancement of sealing and expungement of records, the appointment of counsel for children faced with revocation of their liberty at the Department of Youth Services, and the adoption of the Positive Youth Development framework by the Massachusetts juvenile justice system. Congratulations, Josh and CPCS!
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