Juveniles Should be Treated Differently

Both federal and state courts have taken into consideration the inherit differences between children and adults. This is because developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds. Graham v. Florida, 560 U.S. 48, 68 (2010). Children’s “‘lack of maturity and an underdeveloped sense of responsibility’ lead to recklessness, impulsivity, and heedless risk-taking.” Miller v. Alabama, 567 U.S. 460, 471 (2012) (quoting Roper v. Simmons, 543, 569 U.S. 551 (2005)). “The susceptibility of juveniles to immature and irresponsible behavior means ‘their irresponsible conduct is not as morally reprehensible as that of an adult.’” Roper v. Simmons, 543 U.S. at 547 (quoting Thompson v. Oklahoma, 487 U.S. 815, 835 (1998)).

Here in Colorado, one of the underlying purposes of the Children’s Code is to create a distinction between adults and children who are accused of violating the law. People in Interest of B. M. C. v. M. C., 506 P.2d 409, 410 (Colo. App. 1973). Criminal proceedings and juvenile delinquency proceedings are fundamentally different. People ex rel. Terrell v. District Court, 435 P.2d 763, 766 (Colo. 1967); see also Bostelman v. People, 162 P.3d 686, 691 (Colo. 2007).

The Colorado General Assembly has directed that “the juvenile justice system shall take into consideration the best interests of the juvenile, the victim, and the community in providing appropriate treatment to reduce the rate of recidivism in the juvenile justice system and to assist the juvenile in becoming a productive member of society.” C.R.S. §19-2-102(1). The best interests standard as applied in Colorado delinquency courts necessarily implies that “the handling of juvenile delinquents should be oriented towards rehabilitation and reformation, and not punishment as such, even though the actions of the child if committed by an adult would justify a criminal proceeding.” People ex rel. Terrell v. District Court, 435 P.2d at 766.

Every defense lawyer practicing in the juvenile justice system has an obligation to remind courts and prosecutors that juveniles are different. For whatever reason, courts and prosecutors either forget this or consciously choose to ignore these differences. The players in the juvenile justice system must never forget that there are inherit differences between criminal and delinquency proceedings. Everyone in the courtroom has an ethical duty to fulfill the legislative mandates of the Colorado Children's Code.