From the Courts: 20th Anniversary of Roper v. Simmons Decision
This month marks the 20th anniversary of the landmark U.S. Supreme Court case Roper v. Simmons, the 2005 case that banned young people from being sentenced to the death penalty for crimes they committed before they reached age 18. Before the case was heard by the court in 2003, state legislatures had already acted, and more than half the states had prohibited the death penalty for those who committed crimes before they reached 18. According to the Juvenile Law Center, “These legislative bans demonstrated to the court that the death penalty for young people violated the ‘evolving standards of decency’ test under the Eighth Amendment…”
Justice Anthony Kennedy wrote for the majority: “When a juvenile offender commits a heinous crime, the state can exact forfeiture of some of the most basic liberties, but the state cannot extinguish his life and his potential to attain a mature understanding of his own humanity.”
He also referenced the relatively new science surrounding adolescent brain development. “First, as any parent knows and as the scientific and sociological studies respondent and his amici cite tend to confirm, ‘[a] lack of maturity and an underdeveloped sense of responsibility are found in youth more often than in adults and are more understandable among the young. These qualities often result in impetuous and ill-considered actions and decisions’… The second area of difference is that juveniles are more vulnerable or susceptible to negative influences and outside pressures, including peer pressure.”
In the 20 years since Roper v. Simmons was decided, the court has also abolished life without parole sentences for youth convicted of non-homicide crimes and abolished mandatory life sentences without the possibility of parole for young people.
The Latest in Data: Massachusetts’ Juvenile Justice Policy and Data Board
In April 2018, the Massachusetts legislature created the Juvenile Justice Policy and Data Board to evaluate juvenile justice system policies and procedures and make recommendations to improve outcomes for young people and justice systems based on that data analysis. The board just came out with a new report after it studied data surrounding pretrial, the phase when a youth has been officially charged with a crime but has not yet gone to trial or otherwise resolved their case. The board found that in fiscal year 2021, there were 628 cases with pretrial conditions of release (probation). In FY 2023 the number rose to 1,316, which was a 110% increase. Additionally, there was a 39% increase in pretrial detention admissions, from 553 in FY 2021 to 768 in FY 2023.
Based on this data, over 70 stakeholder interviews and national research, the board issued the following findings and recommendations:
- “Reform conditions of release: Improve how conditions of release are set and revisited to ensure they are fair, effective, and aligned with youth development. The state should offer clearer guidance for judges on research-based best practices and conduct regular trainings for all juvenile justice system practitioners.
- Increase “intermediate” pretrial supervision and service options: The Board identified that there are subsets of youth who would benefit from more intensive services and supports to help them be successful during the pretrial phase and prevent youth detentions as a result of a violation of pretrial release conditions.
- Divert more youth: Continue to expand diversion programs to help youth access treatment services sooner while reducing court involvement.”
Treating Youth as Youth: New Report Calls for Pretrial Reforms to Better Support Young People | Read more
Innovations: Michigan’s Status Offense Diversion Project
In 2023, the Michigan Legislature passed several bills addressing the needs of young people who come into contact with the justice system. As a part of that package, the legislature found that the state did not have a “framework and service infrastructure necessary to ensure that youths who are at low risk of reoffending are diverted from the juvenile justice system statewide.” This year, Michigan’s State Court Administrative Office has announced the new Status Offense Diversion Project grant program for juvenile courts to support pilot projects aimed at diverting low-risk youth status offenders toward community-based services and away from formal juvenile court involvement and incarceration. The pilot program can fund up to five juvenile courts for innovative, community-based diversion programs and services that work solely with youths for whom the court receives a complaint, referral or petition for what is alleged to be a status offense. Status offenses are considered conduct that would not be a crime if committed by an adult, but for which young people may be adjudicated, including truancy, curfew violations, incorrigibility, running away, underage possession, and/or consumption of alcohol or tobacco.
Juvenile Justice 2024 Year-End Brief
Lawmakers in 37 states enacted nearly 150 bills related to youth justice in 2024. The legislation addressed a wide range of youth justice topics including protecting due process rights, expanding diversion, providing increased eligibility and access to record expungement, supporting community reentry, and reducing or eliminating monetary sanctions as well as integrating restorative justice practices into the youth justice continuum.
States with Juvenile Competency Laws
Competency is an individual's cognitive ability to comprehend and participate in legal proceedings. NCSL now provides statutory language and information on how and when a child is evaluated for competency to stand trial.
Juvenile Justice Publications and Resources
See the latest research and publications on juvenile justice policy.