POLICY REFORMS ON YOUTH JUSTICE:

SUCCESSFUL CAMPAIGNS, STRATEGIES AND TACTICS

LIZ RYAN

CAMPAIGN FOR YOUTH JUSTICE

OVERVIEW• U.S. leads the world in incarceration, including

incarceration of youth (under 18).

• Every year an estimated 250,000 youth are tried, sentenced and incarcerated in the adult criminal justice system.

• Most of these youth are not in adult court for serious, violent crimes.

OVERVIEW• Youth who are charged as adults can be held pre-trial in

adult jails where they are at risk of assault, abuse and death. An estimated 7,500 youth in adult jails on any day.

• Youth sentenced as adults can be placed in adult prisons. An estimated 2,700 youth in adult prisons on any day.

• ACLU/HRW estimate 100,000 youth in adult jails and prisons annually in the U.S.

OVERVIEW• Leading professional associations of juvenile and criminal

justice stakeholders oppose these policies.

• Federal protections don’t apply to this population.

• Most youth are not seen by a judge or have a hearing before they are sent to adult court.

OVERVIEW• Youth of color are disproportionately impacted.

• Girls affected, but little information is collected/known.

• The consequences of prosecuting youth in adult court are serious, long-term, life-threatening and in some cases deadly.

OVERVIEW• Research shows that these laws do not promote public

safety: Youth more likely to re-offend.

• Limited data on the scope: Only 13 states collect data on youth in adult court.

• No cost benefit to this approach: Taxpayers will pay more for this policy in the long-term in criminal justice costs.

OVERVIEW• The U.S. in an outlier among nations: U.S. has not

adopted the Convention on the Rights of the Child (CRC), which says that children who are detained should be separated from adults and should not be subjected to torture or other inhumane forms of punishment.

• U.S. imposes prison sentences for children who have not been convicted of the most serious offenses (in violation of Article 40 of the CRC).

• U.S. does not ensure access to services to meet childrens’ needs while in custody (in violation of Article 37 of the CRC).

OPPORTUNITY FOR CHANGE• Research shows this approach does not work:

• U.S. Department of Justice

• Federal Centers for Disease Control and Prevention

• Brookings Institution

OPPORTUNITY FOR CHANGE• Polling shows that the public:

• Rejects the placement of youth in adult jails and prisons• Favors rehabilitation and treatment approaches such as

counseling, education, treatment, restitution and community service

• Favors involving the youths’ families in treatment, keeping youth close to home and ensuring youth are connected with their families

• Favors individualized determinations on a case-by-case basis by juvenile court judges in the juvenile justice system than automatic prosecuting in adult criminal court

• Supports requiring the juvenile justice system to reduce racial and ethnic disparities

OPPORTUNITY FOR CHANGE• During past 6 years, 20+ states enacted 30+ pieces of

legislation to reduce the prosecution of youth in adult criminal court and end the placement of youth in adult jails and prisons

• Trend 1: Remove youth from adult jails, prisons

• Trend 2: Raise the age of juvenile court jurisdiction

• Trend 3: Change transfer laws to keep more youth in juvenile court

• Trend 4: Rethink sentencing laws for youth

TREND 1

Remove youth from adult jails, prisons

• Colorado Oregon• Maine Idaho• Virginia Minnesota• Pennsylvania Texas• Ohio

• States considering changes in 2013: Maryland, Missouri, Nevada, Indiana

• PREA implementation may add to this list

TREND 2

Raise the age of juvenile court jurisdiction

Connecticut (all 16 & 17 year olds)

Illinois (17 year olds charged with misdemeanors)

Mississippi (17 year olds with exceptions for serious offenses)

States considering in 2013:

New York, North Carolina, Missouri, Massachusetts,

Illinois (17 year olds charged with felonies), Wisconsin

TREND 3

Change transfer laws to keep more youth in juvenile court

• Arizona Virginia• Colorado Washington• Connecticut Indiana• Delaware Nevada• Illinois Utah

• States considering in 2013: Maryland, Nevada, Missouri, Ohio

TREND 4

Rethink sentencing laws for youth

• Colorado• Georgia• Texas• Washington• California

CAMPAIGNS• National Campaign

• Core Functions:

• National Clearinghouse• Connector • Technical Assistance to State-Based Campaigns• Peer to Peer Support to Organizers• Media Outreach & Communications Support• Research Creation & Promotion• Policy Development, Agenda Setting• Coalition Building • Family & Youth Engagement• Spokespersons Training & Individual Story Collection

CAMPAIGNS• State-based campaigns

• Core functions:

• Organizing• Direct Action• Policy Advocacy• Research• Media & Communications• Coalition Building

STRATEGIES• Set a bold goal: Reduce prosecution of youth in adult

court, end placement of youth in adult jails and prisons

• Create policy platform

• Engage constituencies to endorse policy platform

• Directly affected youth and families involved

• Advocacy Steps: Goal, Targets, Strategies, Resources, Tactics, Funding (Midwest Academy Model)

TACTICS• Visibility of campaign: Use of a brand, many constituents

and unusual allies, essential to provide political cover

• Media coverage: Use strategically, regular & on-going crucial

• Direct actions: Vigils, Rallies, Advocacy Day, Hearings, Art events, Social media presence

• Spokespersons: Directly affected youth and their familes

LESSONS LEARNED

Barriers to Success:

(1) Lead advocate/group issues

Not a priority

Priority only if get a grant

No full time organizer

Lack of political savvy and/or advocacy skills

Lawyers trying to be organizers

Organization vs. campaign priorities at odds

Conflict with advocates accepting government funds

LESSONS LEARNED

Barriers to Success

(2) Coalition Issues

• Competition / conflict with funder-led initiatives• Too many groups wanting to take lead• Competing priorities within the coalition• Lack of a strong, diverse coalition• Rely too much on system insiders

LESSONS LEARNED

Barriers to Success

(3) Agenda

• Compromising at the start and/or too early in the process• Creating an agenda under “big tent”• Lack of consensus on the agenda among key players• Conflicting agenda with other groups

LESSONS LEARNED

Barriers to Success

(4) Opposition

• Ballot initiative states where it is very costly to overturn• Organized opposition eg law enforcement, prosecutors• Apathy, lack of priority by policymakers

LESSONS LEARNED

Barriers to Success

(5) Strategy

• Activity without strategy• Fear of upsetting relationships with policymakers• No strong legislative champions• No follow through to watchdog after bill passes

LESSONS LEARNED

Successful Strategies

Goal: SMART goal (Specific, Measurable, Achieveable, Realistic, Targeted)

Timeframe: 1-2 yrs short-term; 3-5 yrs long-term

Directly affected youth and families involved

Campaign is an independent vehicle, separate “identity”

LESSONS LEARNED

Successful Strategies

Governance structure: Clear, fair, timely and transparent decision-making; Consensus decision-making

Dedicated resources: Staff, office, communications, activities

Core functions: Organizing, Coalition building, Direct action, External communications, outreach, tools (lists, database, social media, action alerts, phone banking), policy & research, advocacy, legislative advocacy

LESSONS LEARNED

Successful Strategies

Articulated strategy on paper

Shared philosophy & approach

Evaluation: continuous, ability to retool

Documentation

Celebration

WRAP UP

Contact:

Liz Ryan

Campaign for Youth Justice

lryan@cfyj.org

www.campaignforyouthjustice.org