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Justice

Juveniles Transferred to Adult Courts Receive More Time for Their Crimes

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A group of juvenile inmates sit as they wait to appear in courtroom. Photo Credit: Carl Juste / Miami Herald File Photo

Florida transfers juvenile offenders to adult court at a higher rate than any other state in the nation, and a new Florida State University study has found that those transferred are much less likely to be sentenced to incarceration than adults. However, those juveniles who are sent to jail or prison are given longer incarceration sentences. 

Peter Lehmann, a doctoral candidate in FSU’s College of Criminology and Criminal Justice, found transferred juveniles in Florida received up to 27.4 percent longer incarceration sentences than adults. His findings were published earlier this month in the journal Crime & Delinquency. 

“The juvenile transfer status of defendants might signal to adult court judges that these defendants are deserving of longer incarceration terms,” Lehmann said. “It is also possible that judges are concerned that the risk of reoffending among this population is high, and judges might view especially long incarceration sentences as an appropriate response that mitigates the danger these offenders might pose to the community.” 

This finding regarding sentence length is especially interesting in light of Lehmann’s other finding that juveniles are less likely to be sentenced to incarceration than adult defendants in the first place.  

“Judges may think that because transferred juveniles are still teenagers, they’re less blameworthy or culpable,” he said. 

In addition, it’s possible that some judges believe sentencing a youth offender to incarceration in an adult facility could pose ethical and practical challenges for the corrections system. 

Lehmann used data from the Florida Sentencing Guidelines Database, which is maintained by the Florida Department of Corrections. All offenders ages 14 and older at the time of the offense who were convicted of felonies and subsequently sentenced in the state’s circuit courts between 1995 and 2006 were identified. In all, using both juvenile and adult cases, the study population totaled more than 1 million defendants. 

“Having that many cases to analyze enables us to be more confident in our findings,” Lehmann said. 

The large data set is a unique aspect of the study, as is the time frame in which the data was collected. In the early to mid-1990s, there was a turn toward harsher policies in the juvenile justice system. Lehmann said expanding the data to include more recent years advances previous research on the sentencing of transferred juveniles. 

Lehmann’s study also examined how the mode of conviction affects sentencing. He found that offenders in trial cases were more likely than defendants who plea bargained to be sentenced to incarceration upon conviction. That was also true as it related to sentence length. Trial cases were associated with receiving longer incarceration terms. 

“Trials provide more information to judges than plea bargains,” Lehmann said. “That information can certainly impact sentencing. We find that various aspects of a trial, including public scrutiny and media attention, can make the difference between adults and juveniles in sentence severity weaker among trial cases than among plea cases.” 

States have recently begun to think about revisiting transfer laws, but Lehmann said it is important to continue studying this unique population of juveniles as well as how judges and prosecutors process information. 

“Broadly speaking, the findings in this study imply things that shouldn’t impact sentencing, like age, still do,” Lehmann said. “They imply that we have to explore different policies that address this issue because many in society tend to see it as a problem.” 

FSU’s Ted Chiricos, the William Julius Wilson Professor of Criminology and Criminal Justice, and Professor of Criminology William D. Bales co-authored the study with Lehmann. 

Social Work Helper is a news, information, resources, and entertainment website related to social good, social work, and social justice. To submit news and press releases email [email protected]

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Global

Scottish Survivor Groups Encourage All Survivors of Abuse in Care to Take Part in a Milestone Consultation

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Survivor groups in Scotland have called on all survivors of abuse in care to take part in an important consultation, allowing individuals to share their views on a possible financial redress scheme for the first time.

The consultation has been developed and delivered through a collaboration between a range of partners including survivor representatives (Interaction Action Plan Review Group) and CELCIS (the Centre for Excellence for Looked After Children in Scotland).

With just four weeks left to the deadline of Friday 17 November to complete the consultation, survivor groups have spoken out about the need for all survivors of abuse in care to take part.

David Whelan, spokesperson from Former Boys and Girls Abused in Quarriers group (FBGA), commented: “This redress and compensation consultation gives everyone who has experienced abuse in the care system in Scotland an opportunity to share their views. The consultation offers real choices to the individual and survivor groups as to what it is they would like in any proposed redress-consultation scheme. It allows all survivors a chance to have their voices and opinions heard.  We would encourage as many survivors as possible to take part over the next month.

“Former Boys and Girls Abused in Quarriers group fully support this consultation which was put together in a partnership with other victims-survivors, the Scottish Human Rights Commission, CELCIS, The Scottish Government and others.”

Judith Robertson, Chair of the Scottish Human Rights Commission, said: “Anyone who has been subjected to abuse has a human right to access justice and to an effective and fair remedy. Everyone has the right to live and be treated with dignity.  The Scottish Human Rights Commission welcomes the consultation by the InterAction Review Group and CELCIS on financial redress for historic abuse.  It is a crucial part of developing Scotland’s Action Plan on Historic Abuse and we encourage anyone who is themselves a survivor of childhood abuse to take part.”

Joanne McMeeking, Head of Improving Care Experiences at CELCIS, said: “We are in the final month of the consultation process, which is a milestone in terms of seeking justice for survivors of abuse in care in Scotland. Completing this consultation questionnaire gives survivors a way to have their views about potential financial redress seen and heard.”

Taking part

The consultation is open to all victims/survivors of historical abuse in care as defined by the Terms of Reference of the Scottish Child Abuse Inquiry and is available online.

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Human Rights

Rescuing Sex Trafficking Victims

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Lois Lee, Ph.D., J.D. – Founder of Children of the Night Photo Credit: CalState

Forty years ago, it wasn’t unusual to find Lois Lee, Ph.D., J.D. wandering the streets and alleys of Los Angeles at 3 a.m.; she even did so while pregnant with her son.

Dr. Lee was looking for victims of sex trafficking and those who exploited them.

Walking miles along Sunset, Santa Monica and Hollywood Boulevards, the then-24-year-old would hand out business cards with her hotline number, encouraging victims to call and letting them know what kind of help they’d find.

“These are girls, boys and transgender children that would fall between the cracks of the system,” remembers Lee. “They had nowhere to go — no one was providing a bed or a school or offering to take care of these kids.”

So, she created that place.

From 1979 to 1981, Lee housed more than 250 sex trafficking victims in her own home, all while building the Children of the Night outreach program; the privately funded nonprofit organization would become unlike any other in existence at the time, or even today, rescuing children from child prostitution and providing housing, education and treatment.

But perhaps most important, Lee gave them hope.

An Unimaginable Life

Lee was raised in Los Angeles, the eldest child in a family of three girls. It was a childhood she describes as healthy, safe and sheltered.

So when, as a graduate student at California State University, Dominguez Hills, her faculty mentor Jeanne Curran, PhD., then a professor of sociology, introduced her to the underworld of sex trafficking, it was a wake-up call.

“I wanted to make everything better because I just couldn’t imagine someone living in these types of conditions,” explains Lee, who graduated from CSU Dominguez Hills with a bachelor’s degree in behavioral science in 1973 and a master’s in sociology in 1977.

It was at CSUDH that she developed the skills she’d later use to address child sex trafficking. Lee also taught courses at the campus’s Social Systems Research Center, then led by Dr. Curran. The center has since been renamed the Urban Community Research Center.

“Jeanne became a mentor for me, both on- and off-campus. She influenced my life and academic choices so much,” says Lee, a first-generation college student.

“She and CSU Dominguez Hills empowered me.”

Victims, Not Criminals

Late one night in 1977, Lee received a call from a woman who operated an escort service. A 17-year-old she worked with had not returned and she was unable to contact her.

Afraid, she had called Lee for guidance. Lee went to the police, who dismissed the call and refused to help. The next morning, the girl’s body was found; she had become one of the Hillside Stranglers’victims.

Frustrated by the lack of resources that were available to these girls, Lee appeared on an L.A. news broadcast, giving out her personal phone number and encouraging prostitutes with knowledge of the case to reach out to her directly. She promised confidentiality.

“I coordinated everything just as I had learned from Jeanne at CSU Dominguez Hills,” Lee recalls. “And that was really the beginning of my work.”

Lee would go on to play a critical role in the Hillside Strangler trial, testifying in the case and coordinating witnesses for the prosecution.

At just 27, Lee garnered attention when she sued the Los Angeles Police Department for prosecuting underage prostitutes while letting their customers go free.

She won the case and has gone on to file a number of other lawsuits.

“I taught vice detectives nationwide that there were children prostituting and they needed to be treated differently,” says the President’s Volunteer Action Award recipient. She strongly advocated – and still does – to have the children referred to and treated as victims, not criminals.

Education: The Key to Success

To date, Children of the Night’s president and founder is credited with rescuing more than 10,000 children from prostitution in the U.S.

The organization’s shelter, located in Van Nuys, California, offers no-cost housing for as many as 12 children ages 11 to 17. They attend classes at the on-site school, receive individualized treatment, and participate in fun outings. A nationwide toll-free hotline is also staffed 24/7.

Lee sees education as the most fundamental of the services they offer, and attendance is mandatory for all residents.

“What’s really important about the development of any society is to educate the people,” she explains. “Through education, I was able to learn about the world. Education empowers.”

While children are offered treatment to manage trauma, their past experiences are not the focus, Lee stresses. “I don’t feel sorry for the children with whom I work,” she says. “[That] incapacitates their ability to become strong and independent. I want the world for my kids. I have very high expectations of them.”

Which is not to say she isn’t deeply empathetic to what they’ve faced.

“There is no way that I can make what happened to them go away, but I can … put distance between their old lifestyle and their life now.”

Still Fighting

Today, Lee is regarded as one of the world’s leading experts in rescuing child sex trafficking victims, raising awareness on a topic that previously wasn’t talked about. In 1981, the General Accounting Office estimated there were 600,000 children under the age of 16 working as prostitutes in the United States. Today, that number is estimated to be 100,000.

In January 2017, Children of the Night announced a new global initiative to rescue 10,000 more children worldwide from sex trafficking.

Lee is also passionate about giving back to the campus that helped turn her dream into an advocacy mission that has no doubt saved thousands of lives.

“So much of what I have done and have been able to do in my life is because of my time at CSU Dominguez Hills,” Lee says. “The faculty raised me and nourished me. They liked to take risks and they challenged traditional thinking processes. “Dominguez Hills taught me how to break down barriers.”

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Entertainment

Actor Terry Crews Comes Forward About Being Sexually Assaulted by Hollywood Exec

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Actor Terry Crews takes to Twitter to discuss being sexually assaulted by a Hollywood Executive in the wake of the firing of Harvey Weinstein for sexual assault after years of accusations.

Actor Terry Crews

Did you hear the Expendables star say last year?

How is it the criminal justice system doesn’t seem to be able to touch these folks?

Power and privilege keep a lot of people silent.

He just validated a whole lot of women who deal with this on the regular. It’s not easy to come forward.

There is strength in numbers and knowing you are not alone.

Both men and women are affected by sexual assault and rape culture, and it will take more men becoming advocates as well as coming forward to tell their stories because they have stories too.

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