Hold children accountable in ways that are developmentally appropriate.
Children think and act differently than adults because they’re still developing - not only physically, but also emotionally, mentally, and socially. Yet even in the juvenile justice system, 10 to 17-year-olds are treated as if they are just small adults, and funneled into a complicated court process that usually causes more harm than good. It’s time we use new, effective approaches to hold children accountable while still helping them develop in positive ways.
Address common adolescent misbehavior in constructive ways at home, in school, and with community programs.
If a child is arrested, divert them from formal prosecution as often as possible. Immediate, appropriate consequences are more effective at changing a child’s behavior than drawn-out court proceedings.
If a child is prosecuted and found guilty, hold them accountable in ways that are proven to reduce reoffending and tailored to their individual rehabilitation and treatment needs.
Allow children to enter adulthood without any barriers to their success.
Because they are still developing, children have an incredible capacity to grow and change as they age. Yet, a court record can follow a child for a lifetime, making it difficult to access education, good jobs, and housing – all things needed to thrive. That’s true even in Louisiana’s juvenile justice system, which doesn’t fully protect children’s identities. Once a child has been held accountable, we need to allow them to leave the justice system behind for good.
Do not disclose a child’s name or potentially identifying details to the public.
Keep all court proceedings involving a child confidential.
Automatically expunge all records once a child’s case is closed.
Do not prosecute children in adult court and never incarcerate them in adult jails or prisons.
In Louisiana, children as young as 14 can be prosecuted as adults for certain serious charges. This practice - called “transfer” - endangers the safety of children and the wider community. Children prosecuted in adult court are more likely to reoffend than kids who remain in the juvenile system. Those incarcerated in adult facilities are more likely to be sexually abused, physically assaulted, and to die by suicide, as 15-year-old Jaquin Thomas did in New Orleans’ adult jail in 2016. We can make our children and communities safer simply by treating kids as kids.
Never prosecute children as adults.
Never seek an extreme adult sentence for anyone under the age of 18. Do not pursue juvenile life without parole in retroactive or prospective cases.
If transfer to adult court is pursued, insist on holding an individualized hearing before a judge, which takes into account a child’s age, culpability, life circumstances, and treatment needs.
Never incarcerate a child in an adult facility.