In 2011, a landmark U.S. Supreme Court decision in Miller v. Alabama led California lawmakers to pass legislation that would give prisoners convicted as youths a second chance. One such individual is William Palmer, who at the age of 17 held an off-duty police officer at gunpoint demanding money. The Marshall Project recently examined Palmer’s case.

As a minor, Mr. Palmer ordered the off-duty officer to go to an ATM to withdraw cash. However, the victim was also armed and managed to fire a salvo of bullets at the perpetrator. Palmer was wounded in the knee and eventually apprehended.

The year was 1988, and it was a time when several states were simultaneously passing ‘tough on crime’ laws. As such, someone like Palmer could receive a life sentence for attempted armed robbery. The judge presiding over Palmer’s case decided to hand down a life sentence with the possibility of parole, according to the exposé. However, all of Palmer’s attempts to be released from prison were rejected by the parole board; Mr. Palmer was denied on ten separate occasions over the years.

Palmer was finally released from prison after filing an appeal, but he is not in the clear yet. His case is poised to go before the California Supreme Court.

The Supreme Court’s Decision Could Impact Thousands of Prisoners

Palmer was expelled from school in 10th grade and left home at 16, according to the article. There is a growing body of research that suggests that the decisions people make as young people are not a predictor of a life of crime — Mr. Palmer’s attorneys plan to cite those types of studies before the Supreme Court.

While in prison, Palmer did have a few minor infractions that may have influenced the parole board’s repeated rejections. However, Palmer’s time behind bars was not wasted; he earned a GED and an associate degree, the article reports. What’s more, he took part in programs to help him better understand the impact of his crimes.

The issue at hand, the California Supreme Court must decide whether the parole board took Palmer’s youth into account when they rejected his release. The Court of Appeal found that the parole board had not considered his age at the time of his crime and ordered the parole board to conduct another hearing which led to his release.

However, the California Attorney General’s Office asked the Supreme Court to review the case. If the justices side with Palmer, it could lay out a path to release for other young offenders serving lengthy sentences. If he loses, it’s back to prison, and Palmer will have to go before the board once again.

“I hope it means more people will see freedom earlier for things they did when they were children,” said Megan Havstad, Palmer’s lawyer.

California Juvenile Law Attorney

Please reach out to The Law Offices of Katie Walsh if your son or daughter requires legal assistance. Attorney Walsh has significant experience advocating for young people and their families. We invite you to request a free consultation to learn more about how we can help you during this difficult time.

In 1996, the California Division of Juvenile Justice, the state’s youth correctional system, housed over 10,000 children and young adults (ages 12 to 25), according to the Center on Juvenile and Criminal Justice.

Today, we see a very different picture of juvenile justice in the Golden State. Thanks to several criminal justice reforms and the tireless of countless individuals, rehabilitation is now California’s watchword.

The number of young people housed in juvenile detention centers had fallen to 627, as of June 2018, The San Francisco Chronicle reports. While most people will find this news uplifting, lawmakers still have far to go in ensuring that all children are afforded the same benefits.

Young African Americans and Latinos are over-represented in both arms of the criminal justice system—juvenile and adult. Of the 71,923 juvenile arrests in 2015, black and Latino youths made up 88% of those tried as adults, according to a study from the California Department of Justice.

On numerous occasions, we have written about Proposition 57 on this blog. The legislation took power to try children as adults away from prosecutors in 2016. However, black and Latino youths are still tried as adults at the same rate.

Probation Helps and Hurts Young People

While fewer young people are locked up, there are more than 39,000 youth on probation in California, according to the article. Probation gives kids more options, but the likelihood of violating terms is high. Violations often result in incarceration.

“Probation is a hidden secret of the juvenile justice system,” said Nate Balis, Director of the Juvenile Justice Strategy Group for The Annie E. Casey Foundation. “The proportion of kids put in probation remains the same year after year. It is quite similar to what it looked like with the overall approach in the 1990s. One thing to change is dramatically narrowing who ends up on probation. Kids with first offenses like shoplifting can end up on probation. We must be more discerning and divert far more youth from juvenile justice system.”

Probation can be successful if young people are supported along the way. Expecting teenagers to fall in line after an arrest is wishful if they lack the resources to make necessary changes. We have to remember that teenagers who get in trouble with the law rarely come from stable homes. Bad influences are aplenty inside the house and out.

Reforms are only beneficial when they are in tandem with investments in the community. Diversion programs can give young people the tools to get back on track, stay in school, and avoid incarceration down the road.

California Juvenile Defense Attorney

Parents with a son or daughter facing legal trouble or school expulsion can benefit from seeking the help of juvenile defense expert. Having an experienced advocate in your family’s corner can pay off significantly.

Please contact The Law Offices of Katie Walsh for a free consultation and to learn more about how we can help you overcome your legal challenges.

The National Center for Youth Law (NCYL) a non-profit law firm based in Oakland, California, helps low-income children and aims to transform the multiple public systems serving vulnerable children. The organization leads campaigns to reform education, child welfare, public health, behavioral health, juvenile justice, and workforce development.

In the realm of juvenile justice, the NCYL’s noteworthy success includes Breed v. Jones (1975) and the Texas Decriminalization of Truancy (2014), according to their website. Regarding the former, the organization successfully argued before the U.S. Supreme Court “that the constitutional prohibition on double jeopardy is applicable to minors in delinquency proceedings.” The Texas Decriminalization of Truancy ended the practice of sending truant children to adult criminal court.

The NYCL has worked for more than four decades to improve the lives of disadvantaged young people across the country. The non-profit continues to advocate for the rights and safety of children and teenagers, and thanks to a hefty donation their efforts can continue.

Google and SF 49ers Support Youth Justice Reform

Earlier in December, Google and the San Francisco 49er football team donated $2.35 million to the National Center for Youth Law (NCYL), according to The Chronicles of Social Change. The funds will give the NCYL the ability to work with more than 300 youth per year in Santa Clara County – who are either arrested or placed on probation – as part of the California Youth Justice Initiative.

“We’re doing a comprehensive approach of deep-end and shallow-end reform, and then we’re also working with probation-involved youth to make sure they graduate, get a job or get on a good career track,” said Frankie Guzman, director of the California Youth Justice Initiative.

The NYCL’s California Youth Justice Initiative advances policies and practices rooted in positive youth development, the organization reports. The goals of the initiative include:

• Empowering formerly incarcerated youth and their families to advocate for change.
• Providing legal and strategic support to community organizations working to improve local policies and practice.
• Advocating for community-based services that address youth’s social-emotional health needs as an alternative to incarceration.

“Once you get in the system it’s very difficult to make it out,” said Richard Sherman, a defensive back with 49ers. “It’s very difficult to learn what you need to do to be in the workforce, to be a great person because you spend so much time trying to survive the situations you’re put in.”

California Juvenile Law

Please contact the Law Offices of Katie Walsh to find out more about how we can advocate for your family. If your child is in trouble and was arrested, it is likely that you would like the assistance of an attorney with a proven record in the area of juvenile law. Attorney Walsh can help your family obtain the best results.

Governor Jerry Brown signed two measures over the weekend relevant to juvenile justice in California, Senate Bill 439 and Senate Bill 1391. You may remember that we have covered both pieces of legislation at length in the last year; SB 1391 we wrote about as recently as last week when it was still uncertain that Brown would pen his name to the proposed bills.

On Sunday, Gov. Brown approved SB 439 which establishes 12 years as the minimum age for prosecution in juvenile court, unless the offense is murder or rape, The Sacramento Bee reports. He also gave SB 1391 his stamp of approval which eliminates the ability to try a defendant under the age of 16 as an adult, keeping more young people out of prison.

Juvenile justice reform is a cause championed by Sens. Holly Mitchell, D-Los Angeles, and Ricardo Lara, D-Bell Gardens. Both lawmakers have worked tirelessly in recent years to get SB 439 and SB 1391 to the Governor’s desk, and succeeded. The measures go into effect next year.

“There is a fundamental principle at stake here: whether we want a society which at least attempts to reform the youngest offenders before consigning them to adult prisons where their likelihood of becoming a lifelong criminal is so much higher,” Brown wrote. He added, “My view is that we should continue to work toward a more just system that respects victims, protects public safety, holds youth accountable, and also seeks a path of redemption and reformation whenever possible.”

Cradle to Prison Pipeline

Please take a moment to watch a short video of Sen. Holly Mitchell, the coauthor of SB 1391, as she discusses the “cradle to prison pipeline.” You can find the video here.

As was mentioned in previous posts, not everyone in California is in favor juvenile justice reforms that aim to emphasize rehabilitation over incarceration. Various law enforcement groups object to both measures, according to the article. However, advocates for SB 439 and SB 1391 argue that teens don’t fully understand the ramifications of their actions – the difference between right and wrong – owing to their brains not being fully developed; they contend that incarceration increases the risk of committing more crimes down the road and recidivism.

“Children are not pint-sized adults. Instead, they should be cared for with an emphasis on rehabilitation — not warehousing,” Mitchell said.

California Juvenile Defense

Attorney Katie Walsh has the experience to advocate for families whose children are facing legal trouble effectively. Please contact the Law Offices of Katie Walsh require a juvenile defense lawyer in California. Attorney Walsh can help you obtain the best possible outcome for your son or daughter’s case.

People who serve time in California correctional facilities, whether they be adult or juvenile, often learn all the wrong lessons from their cellmates. It is not uncommon for people convicted of crimes to get out of jail and go on to commit more severe offenses. Of course, learning about new ways to break the law is not everyone’s lot; some people use the opportunity of confinement to learn from their mistakes and reinvent themselves.

Men and women who do time have a high likelihood of recidivism. It makes sense; people often break the law because they haven’t the resources to get ahead in life. Such individuals learn how to make some extra cash nefariously from their peers; they also learn how to comport themselves on the street—even using violence when necessary. Learned behaviors can have a lasting impact on young people’s lives, and they often lead to going in and out of jail over-and-over again. However, if juvenile inmates are provided with educational resources, they have an opportunity to break the cycle of incarceration.

In fact, 14 inmates at the Ventura Youth Correctional Facility in Camarillo are taking the opportunity to learn valuable skills that may keep them off the streets and into stable employment, USA Today reports. What’s more, the young people’s instruction is coming from an unlikely place, a group of inmates serving time at San Quentin.

Re-coding Life

A novel program, which pairs three prisoners at San Quentin who learned how to write computer code with young men and women at the Camarillo facility, could open doors previously thought shut. The 14 students are taught over Skype how to write JavaScript, HTML, and CSS, a couple of times per month, according to the article. If the program is a success, it will mean that the students have an opportunity of landing good jobs in the tech sector upon their release.

Chris Redlitz and Beverly Parenti created the Last Mile coding program, two people familiar with the tech industry, the article reports. Chuck Supple, director of the state Department of Corrections and Rehabilitation’s Division of Juvenile Justice, was impressed by the Last Mile and took steps to incorporate into the Ventura Youth Correctional Facility. The Ventura Youth Correctional Facility in Camarillo could soon accommodate 48 students and actions are underway to introduce the program at other youth detention centers.

Frankie Guzman, director of the California Youth Justice Initiative at the National Center for Youth Law, says that young people serving time are mostly taught skills for low-paying jobs. Educating young people in exciting fields can go a long way to reduce recidivism rates. According to Chuck Pattillo, general manager of the California Prison Industry Authority, inmates participating in joint venture programs, like the Last Mile, have a recidivism rate of 9 percent. Of the inmates not involved, 46 percent will return to prison after release.

“This is not welfare or charity or rewarding bad behavior,” said Guzman, an attorney. He adds that investing in these young people, “we are doing ourselves and our communities a favor.”

Orange County Juvenile Defense Attorney

If your son or daughter is facing criminal charges, it is critical that you partner with an experienced attorney competent in the workings of the juvenile legal system. Seeking the assistance of attorney Katie Walsh gives your child the most favorable odds for avoiding juvenile detention. Please contact our office to learn more about how we can advocate for your family.

Teenagers are notorious for making rash decisions, some of which can greatly impact the course of their life. Young people, just like adults, often find themselves caught up in the legal system for such decisions, but with an important exception. Minors are usually tried within the juvenile criminal system. The records of which that many believe will be sealed upon a minor reaching adulthood. The idea being that people should not have to answer for the bad decisions of their youth, for the rest of their life. Unfortunately, that is not the case and young people are required to petition to have their juvenile records sealed.

When people apply for a job, there is typically a section that asks applicants about their criminal history, that is their adult criminal history. While employers usually do not ask about one’s juvenile record, sometimes employers will inquire which could impact an individual’s chance at getting hired.

Effective January 1, 2017, employers in California face new restrictions when it comes to inquiring into and the use of juvenile criminal information, The National Law Review reports. California Labor Code § 432.7 has been amended under Assembly bill (A.B.) No. 1843, which hereby prohibits employers from inquiring, seeking, or using a California applicant/employee’s juvenile criminal history in the employment context. AB 1843 prohibits:

1. Asking an applicant to disclose, either in writing or verbally, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the individual was subject to the process and jurisdiction of juvenile courts/ law.
2. Seeking from any source whatsoever, or using, as a factor in determining any condition of employment (e.g., hiring, promotion, termination, decisions related to a training program, etc.), any record concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the individual was subject to the process and jurisdiction of juvenile courts/law.

“The only exceptions apply to certain health care facilities, as defined in Section 1250 of the Health and Safety Code,” according to attorney, Sarah R. Nichols. “Those employers may ask applicants to disclose an arrest under any section specified in Section 290 of the Penal Code (for those positions with regular access to patients) or an arrest under any section specified in Section 11590 of the Health and Safety Code (for those positions with access to drugs and medication) in certain circumstances.”

If you live in California and are interested in sealing your juvenile criminal record, please contact the Law Offices of Katie Walsh. While some juvenile crimes, such as murder, arson, robbery, assault with a deadly weapon, certain gun charges, carjacking are generally unable to be sealed, we can help you determine if you qualify and petition the court to have your record sealed. It is a decision that can help you later in life.