Our Current Focus
HUMAN RIGHTS for all children in conflict with the law, including lawyers from the first point of contact, full confidentiality, and proportionate dispositions.
LAWYERS FOR CHILDREN DURING INTERROGATION
GOVERNOR SIGNS BILL FOR LAWYERS FOR CHILDREN DURING INTERROGATION
Today, Governor Rauner advanced justice for children by signing SB2370 into law. This agreed bill passed out of both chambers unanimously and raises the age from 13 to 15 for a requirement that children be represented by lawyers during custodial
interrogations for homicide and sex offenses. Public Act 99-0882 will take effect Jan. 1, 2017.
The bill also requires videotaping all interrogations of children under age 18 for any felony and or some misdemeanor cases.
Finally, the bill includes a uniform “Miranda warning”.
This year is the 50th anniversary of Miranda v. Arizona and SB2370 helps protect the constitutional right to counsel for children.
Less than 1% of Chicagoans have lawyer during interrogation – The Chicago Police Accountability Task Force found last Spring that less than 1% of children and adults have lawyers during custodial interrogation.
Children do not understand their rights during interrogation – Research has shown that children do not understand the “Miranda warning” and they do not understand the implications of making a statement to the police. Research also shows children are more likely than adults to make a false confession. Children should not be allowed to waive their constitutional right to legal counsel without the advice of a lawyer.
While we do not believe this bill goes far enough – we think all children should be represented by legal counsel while being interrogated by the police, as is done in the U.K. and in Europe – we do believe this bill is a significant step forward toward justice for all our children.
We thank the Chief Sponsers – Sen. Patricia Van Pelt and Rep. Barbara Currie – for their leadership on this issue, and the many House and Senate sponsors:
Patricia Van Pelt – Mattie Hunter – Jacqueline Y. Collins – Kimberly Lighford – Napoleon Harris, III, Michael Noland, Donne E. Trotter, Heather A. Steans, Emil Jones III, Iris Y. Martinez, Daniel Biss, Toi W. Hutchinson, William Delgado and Christine Radogno.
Barbara Flynn Currie – Ron Sandack – Elaine Nekritz – Barbara Wheeler – Elgie R. Sims, Jr, Christian L. Mitchell, LaShawn K. Ford, Marcus C. Evans, Jr., Arthur Turner, Mary E. Flowers, Michael W. Tryon, Pamela Reaves-Harris, Kelly M. Cassidy, Scott Drury, Thaddeus Jones, Emanuel Chris Welch, Rita Mayfield, Will Guzzardi, Robyn Gabel, Elizabeth Hernandez, Daniel J. Burke, Edward J. Acevedo, Camille Y. Lilly, Jeanne M. Ives, Robert W. Pritcharad, Eddie Lee Jackson, Sr., Ann M. Williams, Frances Ann Hurley, and Silvana Tabares.
We thank the United Congress of Community and Religious Organizations for their leadership on this issue – and the hundreds of individuals and organizations who signed in support throughout this year and in past years for passage of reforms to ensure children have the protection of lawyers during interrogation.
And we thank Gov. Rauner for his continued leadership on juvenile justice reform.
Illinois, the home of the world’s first juvenile court, continues its bi-partisan march forward to ensure justice and equity for all our children in conflict with the law.
Read below for the background on this bill:
Current law in Illinois allows children to be interrogated by the police without a lawyer or parent present.
In Chicago, less than 1% of all persons saw a lawyer after arrest:
See CNN coverage of Police Accountability Task Force report –
The Police Accountability Task Force (PATF) found that “CPD generally provides phone access (to arrestees) only at the end of processing, after interrogation and charging” and “when individuals in custody attempt to invoke their legal rights to counsel, they report facing hostility from police.”………………. The task force also made dozens of recommendations to Mayor Emanuel, including mandates that “arrestees be allowed to make phone calls to an attorney … within one hour after arrest” and “a legal aid or other provider be contacted within 30 minutes of the arrest of any juvenile.”
2016 is the 50th anniversary of Miranda v. Arizona, the landmark decision by the U.S. Supreme Court that held that statements made during a police interrogation could not be used in court unless the defendant was advised of their constitutional right to counsel and against self-incrimination and understood those rights and voluntarily waived them. What has come to be known as “Miranda rights.”
It is time to acknowledge that children are incapable of “exercising their miranda right” so the provision of counsel must be automatic.
Case after case has demonstrated that children are particularly susceptible to falsely confess. In addition, research shows children are less competent than adults to make legal decisions and may not understand Miranda:
- Only 20.9% of minors, as compared to 42.3% of adults, understand the Miranda warnings.
- 63.3% of minors, as compared to 37.3% of adults, fail to understand at least one “critical” word in the standard Miranda warnings.
- Among minors, the least understood warning is the right to consult with an attorney prior to responding to police questioning.
- 62% of minors believe that a judge can penalize them for exercising their right to remain silent.
- 96% of 14 year olds do not have an adequate understanding of the consequences of waiving their rights.
- Click here to read the National Legal Aid and Defender Association letter of support for SB2370.
- Click here to read the National Juvenile Defender Center’s letter of support for SB2370.
- Click here to see the fact sheet for SB2370.
Under international human rights law, access to counsel for children (and adults) during a custodial interrogation is a human right – and has been in place in the U.K., with great success, for over twenty years.
It is time to ensure that children have this fundamental protection. Especially since children accused of serious offenses risk being transferred to adult court and potential adult sentences based on what they say at the police station. Transfer laws are now so complex most lawyers don’t understand them all. Children should not be forced to make these critical decisions without legal representation.
JJI ALSO ADVOCATES TO EXPAND HUMAN RIGHTS FOR YOUNG ADULTS IN CONFLICT WITH THE LAW:
INCLUDE YOUNG ADULTS IN JUVENILE COURT
JJI supports raising the age of juvenile court to 21 to bring our court system in line with research that shows young adults (people ages 18-21) are more similar to juveniles than adults in terms of criminal offending.
On January 22, 2016, Elizabeth Clarke, president of JJI, testified at a subject matter hearing on Young Adults in Conflict with the Law hosted by four Illinois House committees (Youth and Young Adults, Human Services, Judiciary – Criminal and Juvenile Justice and System-Involved Youth). Several other experts testified at the half-day hearing. See the hearing agenda and bios of the speakers here and the hearing briefing book here.
As a result of the hearing, Rep. Laura Fine filed legislation including young adults in juvenile court:
- HB6308: This bill proposes allowing young adults charged with misdemeanors to be tried in juvenile court. See the full bill here. This bill passed out of the House Criminal Law committee on April 6, 2016 and has moved to the House of Representatives. Read the fact sheet here. This bill will not be moving forward in this legislative session.
- HB6191: This bill proposes allowing young adults charged with misdemeanors and felonies to be tried in juvenile court See the full bill here. This bill will not be moving forward in this legislative session.
For more information on young adults in conflict with the law, see below:
- Read JJI’s testimony on ending the practice of trying children in adult court filed November 20, 2015 before the Illinois Criminal Justice and Sentencing Reform Commission.
- Read JJI’s testimony on Young Adults, filed Oct. 30, 2015 before the Illinois Criminal Justice and Sentencing Reform Commission.
- JJI attended a summit hosted by U.S. Attorney General Loretta Lynch on Sept 8, 2015, where she noted: brain science also indicates that we may have a significant opportunity, even after the teenage years, to exert a positive influence and reduce future criminality through appropriate interventions.
- Read JJI’s research on Young Adults in Cook County Jail in 2013 – including the fact that 4,011 admissions of young adults to the jail were for misdemeanor offenses.
- Read JJI’s testimony filed July 27, 2015 before the Illinois Criminal Justice and Sentencing Reform Commission, urging the replication of juvenile diversion and sentencing options for Young Adults.
- Read commentary in Chicago Tribune urging that the age of juvenile court be raised to 21.
- Read new national report urging community based responses to justice involved young adults.
TIMELY REVIEW OF DECISION TO HOLD A CHILD IN DETENTION
In Illinois adults who are arrested must be taken before a judge “without unnecessary delay” at which time the judge will set bail and determine if the person charged can be released from custody.
Children, too, are entitled to a detention hearing but within 40 hours not including weekends and holidays. This means if a child is arrested on a Friday evening before a Monday holiday, a judge may not review the decision to detain him/her until at least the following Tuesday morning. This lengthy detention review process is an unnecessary delay at the child’s expense.
JJI supports HB5619 filed by Rep. Robyn Gabel that seeks to make the timeframe for juvenile detention review the same as the custody review (bond hearing) for adults – within 24 hours, 7 days a week, including weekends and holidays. Read the full bill here. This bill passed out of the house and is in the senate. Read the fact sheet here.
In 2014 in Cook County, 1,215 children were detained on a weekend (27.6% of total detention admissions). Of those nearly 25% were released on a Monday.
Research shows that detention is harmful to children. No child should have to stay in detention longer than necessary. It is critical to have the decision to detain a child reviewed within 24 hours so they can be reunited with their family as soon as possible.
PROPORTIONALITY IN SENTENCING OF CHILDREN IN CONFLICT WITH THE LAW
Children should not be sentenced to prison for probation violations, infractions that would not be subject to a prison sentence in and of themselves. Illinois needs to follow other states, like Kansas and Kentucky, and implement a statewide system of graduated sanctions for probation violations.
“RIGHT-SIZING” THE DEPARTMENT OF JUVENILE JUSTICE – Illinois is one of the national leaders in juvenile de-incarceration, having reduced court commitments to juvenile prisons by over 73% from a high of nearly 2300 in 1998 to under 500 today. But we still have more work to do. Recent expert reports on the conditions of Illinois’ juvenile prisons show a broken system that should not be housing our most vulnerable children. Incarcerated children are not receiving the mental health treatment they need, the education they deserve, and many remain in their cells for close to 24 hours a day without adequate programming or activities. Read the full reports that were filed in the ACLU lawsuit against the Department of Juvenile Justice here.
- On May 10, 2016 the Department of Juvenile Justice announced it will close Kewanee IYC. Read the statement from DJJ Director, Candice Jones, here.
- The vote as to whether or not to close the Kewanee IYC will be held on 5/3/16 at 9:30 a.m. in Room C-1 in the Stratton building in Springfield. The vote will be held by the Commissioners of the Illinois Commission on Government Forecasting and Accountability. The commissioners are all Illinois senators and representatives. Click here to see the commission members.
- On March 30, the Illinois Commission on Government Forecasting and Accountability, a state legislative panel, held a public hearing about Gov. Rauner’s proposal to close the juvenile prison at Kewanee. The room was packed with local people concerned about the loss of jobs the closing would bring and advocates from around the state in support of its closure. Read JJI’s written testimony in support of the closure of Kewanee IYC here: JJI testimony Kewanee
- Read JJI’s statement in support of closing the juvenile prison in Kewanee, IL, as proposed by the Department of Juvenile Justice on February 12, 2016.
- Read JJI’s supplemental letter (also signed by the John Howard Association and the ACLU) to Governor Rauner again asking him to close Kewanee IYC, dated December 1, 2015.
- Read JJI’s letter (also signed by the John Howard Association and the ACLU) to Governor Rauner asking him to close Kewanee IYC (juvenile prison), dated October 14, 2015
FUND COMMUNITY PROGRAMS – JJI urges the Governor and Illinois Legislature to fully fund community based preventative and intervention services for children in Illinois.
- Read JJI’s statement on the need to maintain community based services in the state budget.
RESTORATIVE JUSTICE AS AN ALTERNATIVE TO CRIMINAL PROSECUTION OF CHILDREN
The current juvenile justice system relies heavily on costly and harmful incarceration and punitive probation, treating black and brown children with disparate, inhumane and excessively punitive sanctions. This punitive approach has poor outcomes, high recidivism, and little victim satisfaction.
Other nations including Northern Ireland and South Africa have set positive examples for healing the wounds of violence and mass incarceration. Unjust sentencing practices have been dramatically altered in Canada and New Zealand, with a shift to restorative justice aligned with international human rights protections, including proportionality.
The Juvenile Justice Initiative is charged with addressing restorative justice trends and issues in Illinois – along with the Juvenile Justice Commission and the Balanced and Restorative Justice Initiative, the JJI is charged under HR 396 with developing recommendations to enhance the use of restorative justice for children in conflict with the law.
NORTH AMERICAN COUNCIL FOR JUVENILE JUSTICE
The Juvenile Justice Initiative is a co-organizer of the North America Council for Juvenile Justice. The Council consists of members from academia, advocacy and government in Canada, Mexico and the United States. The current focus of the Council is on Restorative Justice, and ensuring removal of children from their home is the last resort and for as short a time as possible.
Go to this link, to see news of the NACJJ:
The Juvenile Justice Initiative is a non-profit, non-partisan statewide advocacy organization working to transform the juvenile justice system in Illinois. We advocate to reduce reliance on incarceration, to enhance fairness for all youth and to develop a comprehensive continuum of community-based resources throughout the state.