Detention doesn't work — prof

Simple economics is a good reason to change the state's juvenile justice system, John Burman argues. "If we don't treat these kids, we're going to see them in jail, and it will cost 10 or 20 times as much," said Burman, a University of Wyoming law professor. In "Juvenile Injustice in Wyoming," he calls the state's practice of sending most children charged with crimes through adult courts "penny-wise and pound-foolish."

Burman's 2004 article in the Wyoming Law Review is one of several published in the past quarter-century that criticize the state's system for handling juvenile offenders. He cites a passage from a 1981 report commissioned by the state that points to the absence of a "single uniform system of courts" for handling Wyoming juvenile cases.

The same critique remains true today, Burman says. "For about 25 years, Wyoming has been standing still," he said in a July interview. Leaders have long resisted the idea that an "expert" might be able to say what does and does not work. "I think we do need experts," Burman said. "We don't need to reinvent the wheel."

Burman's criticisms are wide-ranging. The state's juvenile court system works "fairly well" for those who are sent through it, Burman said, but most children charged with crimes in Wyoming go through adult courts. While juvenile courts can send children and even their families to receive treatment or counseling, adult courts are generally limited to fines, probation or detention. "Juvenile detention does not work," Burman said. "Juveniles who are detained tend to become better criminals."

Burman acknowledges that sending all youths charged with crimes in Wyoming to juvenile court would overburden the system. One alternative would be to give circuit court judges some of the options and authority now available only in juvenile court, Burman suggests.

Another option is to create a "family court" system in which a single judge would handle domestic violence cases, juvenile crimes, child abuse allegations and any other legal matter involving families. The idea is to allow a judge to design a coordinated response to a family's problems instead of having several courts impose varying requirements on its members at the same time.

While Burman suggests that some problems with the juvenile justice system can be fixed with new laws and programs, he said the state's sparse population creates difficulties that could be hard to solve. "Many places just don't have the services," he said. With many new people arriving to work in Wyoming oilfields and many counties unable to keep up with the demand for drug treatment facilities and child protection services, the system appears set to see greater burdens, he said. "I don't know that we can have it both ways -- the boom and take care of the people," Burman said.

Anthony Lane
29 August 2006

http://www.casperstartribune.net/articles/2006/08/29/news/casper/12e17e1eefec421e872571d7007359fb.txt

 
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