Setting a minimum age for juvenile justice jurisdiction in California

Abstract

Purpose Despite the existence of minimum age laws for juvenile justice jurisdiction in 18 US states, California has no explicit law that protects children (i.e. youth less than 12 years old) from being processed in the juvenile justice system. In the absence of a minimum age law, California lags behind other states and international practice and standards. The paper aims to discuss these issues. Design/methodology/approach In this policy brief, academics across the University of California campuses examine current evidence, theory, and policy related to the minimum age of juvenile justice jurisdiction. Findings Existing evidence suggests that children lack the cognitive maturity to comprehend or benefit from formal juvenile justice processing, and diverting children from the system altogether is likely to be more beneficial for the child and for public safety. Research limitations/implications Based on current evidence and theory, the authors argue that minimum age legislation that protects children from contact with the juvenile justice system and treats them as children in need of services and support, rather than as delinquents or criminals, is an important policy goal for California and for other national and international jurisdictions lacking a minimum age law. Originality/value California has no law specifying a minimum age for juvenile justice jurisdiction, meaning that young children of any age can be processed in the juvenile justice system. This policy brief provides a rationale for a minimum age law in California and other states and jurisdictions without one. Paper type Conceptual paper

What Is the Relationship Between Incarceration of Children and Adult Health Outcomes?

“…Several states are actively considering legislative proposals to raise or establish a minimum age of juvenile delinquency jurisdiction; Nebraska recently passed a minimum age of 11. 1,31,32 The Society of Adolescent Health and Medicine 33 and the United Nations Convention on the Rights of the Child 34 both recommend a minimum age of criminal responsibility of at least 12 years old. Regardless of juvenile justice minimum age statutes, our results indicate an urgent need for the health arena to proactively care for these vulnerable children and adults with life histories of child incarceration.…”

“…Children in conflict with the law, defined here at those age 14 and under, are an underdiscussed but important segment of the pediatric population. 1 The United States (U.S.) is the world leader in youth incarceration. 2 In 2015, U.S. law enforcement arrested 920,000 youth less than 18 years old, 3 the majority of whom are arrested for non-violent charges such as drug offenses or truancy.…”

“…As a result, thousands of children are arrested each year. 1 Currently, fewer than half of U.S. states have laws establishing a minimum age of juvenile justice jurisdiction. 5 Current minimum age boundaries across the U.S. range from 6 to 11 years old, indicating that even in states with minimum age laws, children as young as 6 years old can be processed in the juvenile justice system for a "delinquent" act.…”

Advocacy and Collaborative Health Care for Justice-Involved Youth

“…132 Many advocates have called for the establishment of state and/or federal laws that set the minimum age of criminal responsibility at no younger than 12 years. 133…”

The Complexities of Criminal Responsibility and Persons With Intellectual and Developmental Disabilities: How Can Therapeutic Jurisprudence Help?

“…The criminal law presupposes a number of important characteristics about humans, including intentions, legal capacity, autonomy, agency, and criminal responsibility. In Canada (Canadian Criminal Code [CCC], 1985, s. 13) and in 18 of the U.S. states (Barnert et al, 2017), the chronological age of 12 years has been determined as the minimum age for reduced legal capacity in criminal law and the ability to make decisions—both important components of determining moral blameworthiness under the criminal law. While there is variation by state or by Western countries regarding the exact age, what is consistent is that we punish individuals differently within systems that have been defined by age—youth or adult.…”