A new report highlighted how trying juveniles in adult court, in Illinois and across the country, does not make the public any safer and can even lead to more repeat offenses.
The report is part of a series by the Juvenile Justice Initiative of Illinois, which pointed to profound racial bias in prosecuting children in adult court.
Elizabeth Clarke, director of the initiative, said laws permitting the automatic transfer of kids to adult court, and others allowing kids over age 15 to be interrogated without legal counsel, all contribute to what she calls a "failed policy" of trying juveniles in adult court. Clarke noted most kids waive their Miranda Rights during custodial interrogation.
"Then unfortunately, based upon a statement, where they've never consulted with a lawyer, they can be charged in the adult court," Clarke explained. "They simply can't understand the ramifications of what they are signing."
Clark emphasized that juvenile courts are more effective at reducing repeat offenses, addressing individual needs, and holding children accountable. She argued the juvenile justice system has become incredibly complex, with multiple pathways for trying minors in adult court. Her organization advocates for simplifying the system.
Illinois established the first juvenile court more than 100 years ago, but Clarke said in the 1990s, the state began implementing tougher policies to bypass the juvenile court and automatically transfer certain minors to adult court. Clarke noted Illinois has been gradually dismantling these transfer provisions. The report mentioned a reform in 2015, which examined about 200 children’s cases in adult court and determined 90% should be in juvenile court.
"Every state in the U.S. and almost every nation has a separate court for children because not only are children's brains not fully developed, but children are more capable of change," Clarke stressed.
The report recommended ending automatic transfer entirely, and requiring an attorney to be present throughout interrogations in cases when a child could be transferred to adult court or receive an adult sentence. It also pinpointed the need for better data collection to understand where the practices are most common and where alternative resources might be more effective.
A bill that would have required legal representation for all Illinois children during interrogations failed in the Legislature last year.
This story was originally published by the Illinois News Connection/Public News Service, a partner with KRCU Public Radio.
