Abuse or adverse childhood experiences (ACEs) can significantly alter the course of a child’s life and lead to severe problems. Trauma of any kind can leave an indelible mark on a person’s psyche. With treatment and support for social services, children may adopt unhealthy behaviors due to a shortage of coping mechanisms.

Many adults who struggle with drugs and alcohol or have run-ins with the law have a history of trauma stemming from physical and sexual abuse. In an attempt to escape one’s symptoms, turning to mind-altering substances appears to be a logical choice. Illicit drug use can lead to legal problems for young people. Some will even commit burglaries or theft in order to afford their drugs, which can be another path to the juvenile or criminal justice system.

What’s more, young people who suffer at the hands of abusive parents can find their way into legal troubles in some unexpected ways. Running away from home to escape violence can precipitate arrests, as can fighting back against one’s abuser.

Child Abuse Leads to Incarceration

Experiencing abuse in the home appears to be a common precursor to involvement with the justice system. Janelle Hawes, Ph.D. and Jerry Flores, Ph.D. conducted interviews with 33 girls at a juvenile detention center in southern California that supports the above statement, according to the Juvenile Justice Information Exchange. They found that abuse played a role in these young girls’ first involvement with the juvenile justice system.

The researchers discovered that parents or guardians abused 14 of the girls, the article reports. Some of the girls stated that fighting back against their oppressors resulted in arrests and detention. Others were arrested for running away from home to escape further abuse. Another path to the juvenile justice system was reporting their abuse to institutional actors like police and social workers. Below you will find a few examples of these types of instances:

“I love my mom, my mom used to beat the f-lip out of me, like crap out of me and one day I pulled a knife on her and I told her to stop and they put me in a damn mental institution,” said Debby, 14.

Aracely, 19, first got involved in the juvenile justice system after reporting her abuse to a criminal justice officer at school, according to the article. The officer took her to talk to the father (her abuser) and then decided that Aracely actions were tantamount to running away and arrested her. She said:

“… I had went to school, ’cause um, I was scared of going back home. I didn’t wanna go back home with my dad [because of abuse] … I was like, oh I don’t wanna go with my dad, like, I don’t really wanna go with him and then they’re like ‘we’re gonna talk to your dad’ and they came back, they came back into the room and they told me to get up and put my hands behind my back and that’s when I got arrested.”

Annabelle, 17, had a similar experience to Arcely. Escaping the abuse meant running away which lead to arrests. “Me and my father have never been close. Um, and I would always — I felt left out so I’d always go out there on the streets. I would run away a lot and then my father would kick me out. He would call the cops and say that I ran away and I started getting in trouble with the cops.”

Once a young person gets into the criminal or juvenile justice systems, they are far more likely to have run-ins with the police in the future. Research shows that young people need resources, support, and therapy, not juvenile detention. Running away from abuse should not be a crime or the impetus for juvenile detention.

California Juvenile Justice Attorney

Please contact The Law Offices of Katie Walsh for a free, confidential consultation. We can help you determine if we can assist you with your son’s or daughter’s legal or school troubles. As a former prosecutor, attorney Walsh is uniquely equipped to advocate for the needs of your family and help obtain the best possible outcome in your child’s case. (714) 351-0178.

Coming into contact with the juvenile justice system can have a lasting impact on a person’s life. Once arrested and placed into a detention center, the likelihood of it occurring again exponentially increases. In most cases, young people who get into trouble with the law are better served by alternatives to incarceration.

Reducing recidivism among young Americans must be a chief priority in the U.S. Our adult prisons are overcrowded thanks to the imprisonment of hundreds of thousands of nonviolent offenders. Mandatory minimum sentencing laws have not helped either; although efforts have been made to roll back draconian sentencing laws in recent years.

Many people currently serving time in adult jails and prisons had interactions with the juvenile justice system. It stands to reason that doing a better job rehabilitating young people could prevent scenarios like that from happening.

The Children’s Defense Fund (CDF) is an organization dedicated to rehabilitating youths and prevent recidivism. The organization writes:

“We work to ensure more humane and rehabilitative prevention and treatment for all children who come in contact with the juvenile justice system, especially children of color who historically have been disproportionately impacted.”

To stop the criminalization of children and ensure justice for all youth, the CDF calls for: more federal resources for youth justice reform, closing youth prisons and investing in restorative, community-based solutions, and putting an end to solitary confinement for children.

New Report on Juvenile Delinquency Rates

Researchers at Frontpoint Security analyzed data from the Office of Juvenile Justice and Delinquency Prevention to find the number of arrests made per 100,000 young people between the ages of 10 and 17, Patch reports. They sought to determine which states had the highest and lowest youth delinquency rates. For instance, California ranked 37th overall.

The research only looked at two types of crime: juvenile larceny (stealing without threatening anyone) and juvenile robbery (stealing by force or threat). In 2017, there were 73 juvenile robbery arrests and 264 juvenile larceny arrests in California, according to the article. Over 300 arrests may seem like a lot until you look at Maryland and Louisiana.

Maryland had 205 juvenile robbery arrests in 2017, the highest rate in the country. The data indicate that Louisiana topped the chart for juvenile larceny arrests with 1,173. Maryland came in first for the highest juvenile theft rates, and Louisiana came in second. West Virginia had the lowest teenage arrest rate.

Fortunately, there is evidence that juvenile delinquency is on the decline. Organizations like the CDF are helping to make even more significant reductions a reality. Frontpoint Security writes:

“… there’s hope for children and teens who have committed crimes—rehab programs that take a therapeutic approach can help them reverse course, and juvenile justice advocates work hard to give them a second chance.”

Orange County Juvenile Defense Attorney

If your son or daughter has been arrested for larceny or robbery, then please contact The Law Offices of Katie Walsh. Attorney Walsh is a former prosecutor which means she has a unique understanding of both sides of the courtroom. She can help your family find a favorable outcome to this unfortunate situation.

In April, we discussed Senate Bill 1391. If signed into law, SB 1391 would amend Proposition 57, repealing the authority of a district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a specified serious offense when he or she was 14 or 15 years of age.

While some juvenile justice advocates are in favor of legislation that prevents cognitively undeveloped people from standing trial in the adult criminal courts, the loved ones of victims of senseless crimes are not happy that killers may get out of jail one day and lead “normal” lives. To say SB 1391 is controversial may be an understatement; and, juvenile law experts contend that they can sympathize with arguments for and against the legislation, CBS Sacramento reports. Now, the fate of the bill falls on California Gov. Jerry Brown.

“It’s a symptom of the modern trend to believe that kids that are that young, of the age of 14 and 15 are probably not capable of really the kind of sophistication that would expect to be tried in criminal court,” said John Myers, professor, McGeorge School of Law. Myers adds that “There are some very sophisticated 14- and 15-year-old gangbangers out there that are cold-blooded killers, so I understand that if your child or loved one is killed by a gang member who happens to be 15 why you think it’s wrong, it’s a sympathetic argument.”

Trying 15-Year-Olds As Adults

SB 1391 was introduced in April by state Sens. Ricardo Lara (D-Bell Gardens) and Holly Mitchell (D-Los Angeles). The bill is one of several new laws focused on rehabilitation over incarceration, and to reduce the overburdened criminal justice system.

“Research has debunked the myth that children are hardened criminals at age 14 and 15 and deserve punishment in the adult system,” Lara said in a news release. “In fact, 14- and 15-year-olds are far from being adults and Senate Bill 1391 keeps them in the juvenile justice system and guarantees they receive counseling and education, so they are less likely to commit crimes in the future.”

The bill is either a second chance for young offenders or a law that puts rehabilitation over public safety, and it is what Gov. Brown will have to wrestle with before the September 30th deadline. Please take a moment to watch a short video here.

If passed, it purportedly would apply retroactively to certain cases involving minors tried as adults. We will continue to follow this important story as it develops.

Orange County Juvenile Justice Attorney

Please contact Attorney Katie Walsh if you need an experienced juvenile defense lawyer in California. Juvenile defense attorney Walsh can help you obtain the best possible outcome for your son or daughter’s case.