Nation - Wyoming Report blasts state's juvenile justice system

CASPER, Wyo. (AP) -- A new report suggests Wyoming faces questions over whether its system of dealing with juvenile offenders violates constitutional protections against cruel and unusual punishment. An estimated 85 to 90 percent of children in trouble with the law in Wyoming are sent through adult courts, according to the report released this month by the National Center for Youth Law and the Wyoming chapter of the American Civil Liberties Union. Youths can ask to have their crimes expunged if they avoid run-ins with the law for one year. Nevertheless, the report says problems like smoking at school or stealing a pack of gum could be better handled at home, school or community support systems. "Whether the practice of prosecuting children as adults for status offenses violates the United States Constitution's prohibition against cruel and unusual punishment is a significant and novel issue facing the state," the report said. The report notes one juvenile who pleaded guilty to firing a paintball gun at a neighbor's home and another who pleaded guilty to shoplifting at a Wal-Mart and was placed on six months of probation. "There is no other state in the country that handles juveniles this way," said Patricia Arthur, a senior attorney with the National Center for Youth Law who worked on the report. "It's just wrong to strap a young person with a criminal conviction for adolescent behavior," Arthur said. "But it's become such a norm in Wyoming, it's hard to stop." The report said it found instances of "constitutionally suspect practices" in Wyoming, including "inflicting criminal punishment on children for conduct that would not even be criminal if committed by an adult," the routine shackling of children, and failing to properly advise children of their right to counsel. Gary Hartman, a retired judge serving as Gov. Dave Freudenthal's special adviser on juvenile justice, agreed that low-risk juveniles should not, for the most part, be incarcerated in detention facilities. He noted that studies indicate "the more exposure to detention a low-risk offender has, the deeper the child penetrates the criminal system." Hartman said minors should be approached differently than adults, particularly because their brains are still developing. "The decision-making part of the brain is the last to develop," he said. "All of us made some mistakes when we were kids because many of us were stupid." In recent years, Wyoming legislators have made changes to the state's Juvenile Justice Act, including authority to create community juvenile service boards. Sixteen counties and the Wind River Indian Reservation are forming them with the goal of providing local solutions to community juvenile justice problems. The Legislature also gave prosecuting attorneys the authority to be the gatekeeper in deciding whether to file a case in juvenile or adult court. The report said that could create "arbitrariness," but Hartman said prosecutors around the state tend to share methods that work well and are also the best people to understand a specific case. Published: Tue, Jul 20, 2010

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