Brief for Children at Risk as Amicus Curiae in Support of Respondent
Todd J. Latiolais
Kavita Desai
SimpleOriginal

Summary

Failure to strictly adhere to the requirements of Tex. Fam. Code §54.02(f) undermines the legal recognition of children as less culpable and more amenable to rehabilitation than adults.

2014 | State Juristiction

Brief for Children at Risk as Amicus Curiae in Support of Respondent

Keywords rare juveniles; rehabilitative programming; beyond rehabilitation; reduced culpability; lessened blameworthiness; solitary confinement; capacity for rehabilitation
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Summary of Argument

Just as the law requires, scientific findings regarding children’s brain development and research regarding the negative effects of adult incarceration on children necessitates strict adherence to the procedural protections of §54.02(f). In the decision below, the Court of Appeals found that the evidence supporting the juvenile court’s decision to transfer Cameron Moon to adult court was insufficient with regard to his “sophistication and maturity” and “the prospect of adequate protection of the public and the likelihood of Moon’s rehabilitation.” State v. Moon, No. 01-10-00341-CR, 2013 WL 3894867 at *24 (Tex. App.—Houston [1st Dist.] July 30, 2013). The court held that the only factor weighing in favor of certification was in relation to Moon’s alleged offense, and as such, the juvenile court abused its discretion in approving his transfer to adult court. Ibid. The decision of the Court of Appeals was correct, and the State is wrong in arguing that a juvenile court can certify a child as an adult based merely on the nature of the crime.

The overwhelming consensus of case law and academic research indicates that juveniles are less culpable for their offenses and more amenable to rehabilitation than adults and that these two characteristics of youth exist regardless of a juvenile’s alleged offense. Adolescence is a time of important physiological changes in juveniles’ brain development, resulting in increased propensity for risk-taking and greater susceptibility to peer pressure. While these characteristics of youth can lead to criminality, they also typically resolve with age, and most juvenile offenders do not go on to commit crimes as adults. To adequately address the juvenile’s status as a child, a court must consider all the TEX. FAM. CODE §54.02(f) factors before making a decision to transfer. Certification as an adult has far-reaching consequences for a juvenile, as adult prisons and jails are profoundly dangerous places for children and are not equipped with the resources necessary for their rehabilitation. Children who are certified as adults are often held in solitary confinement at tremendous cost to their mental health. Furthermore, children who are incarcerated in adult facilities are at shockingly high risk for physical and sexual assault, and are much more likely to recidivate than children in juvenile facilities. As such, the welfare of society necessitates that certification must be reserved for truly extraordinary cases and cannot be based on the alleged crime alone.

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Summary of Argument

The Court of Appeals’ decision to overturn a juvenile court’s certification of Cameron Moon to adult court is supported by the overwhelming consensus of case law and academic research. The State’s argument that a juvenile court can certify a child as an adult based solely on the nature of the crime is incorrect. The relevant law, TEX. FAM. CODE §54.02(f), mandates consideration of all factors related to a child’s immaturity, amenability to rehabilitation, and potential for societal harm.

Extensive research on adolescent brain development demonstrates that juveniles are less culpable for their offenses than adults. This is due to ongoing physiological changes in the developing brain that increase risk-taking behavior and susceptibility to peer pressure. While these characteristics can contribute to criminality, they typically diminish with age, making most juvenile offenders unlikely to commit crimes as adults. Consequently, certifying a juvenile as an adult requires thorough assessment of all relevant factors under §54.02(f) to ensure proper consideration of the juvenile’s unique developmental stage.

Certification has far-reaching consequences for juveniles. The harsh environment of adult prisons and jails poses significant dangers to children, failing to provide the necessary resources for rehabilitation. Children certified as adults are often subjected to solitary confinement, which severely impacts their mental health. Furthermore, they are at an alarmingly high risk of physical and sexual assault in adult facilities, increasing their likelihood of recidivism compared to those in juvenile facilities. These factors underscore the importance of reserving adult certification for truly exceptional cases, emphasizing that the alleged crime alone cannot justify such a decision.

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Summary of Argument

The Court of Appeals decision to reverse a juvenile court’s certification of Cameron Moon to adult court was correct and should be upheld. While the State argues that the juvenile court can certify a child based solely on the nature of the crime, the overwhelming consensus of law and research demonstrates that juvenile offenders are less culpable and more amenable to rehabilitation than adults.

Adolescence is marked by significant physiological changes in brain development, which increase risk-taking behavior and susceptibility to peer pressure. These characteristics, while contributing to delinquency, typically resolve with age, and most juvenile offenders do not continue committing crimes as adults.

Certification has severe consequences for juveniles. Adult prisons are dangerous environments for children and lack the resources necessary for rehabilitation. Children certified as adults are often placed in solitary confinement, with detrimental effects on their mental health. Additionally, they are at increased risk for physical and sexual assault and are more likely to reoffend compared to children in juvenile facilities.

Society's well-being demands that certification as an adult be reserved for exceptional circumstances and cannot be based solely on the alleged crime. The court must consider all factors outlined in TEX. FAM. CODE §54.02(f) before making a decision to transfer a juvenile to adult court.

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Summary of Argument

The decision by the Court of Appeals in State v. Moon was correct in finding that a juvenile court cannot certify a child as an adult based only on the nature of the crime. The court must consider all factors outlined in the Texas Family Code Section 54.02(f) before making a decision to transfer a juvenile to adult court. This is because adolescents are fundamentally different from adults in ways that affect their culpability and amenability to rehabilitation.

During adolescence, important changes occur in brain development, leading to increased risk-taking behavior and greater susceptibility to peer pressure. While these factors can contribute to criminal behavior, they typically resolve with age, and most juvenile offenders do not continue to commit crimes as adults.

Certification as an adult has significant and negative consequences for juveniles. Adult prisons and jails are not equipped to handle the unique needs of children and are often dangerous environments. Children in adult facilities are at a higher risk of physical and sexual assault and have a greater likelihood of recidivism than children in juvenile facilities.

To protect the well-being of both children and society, certification should be reserved for truly exceptional cases. Courts must consider all factors outlined in Section 54.02(f) before transferring a juvenile to adult court. This approach ensures that juveniles receive the necessary support and rehabilitation opportunities.

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Summary of Argument

Cameron Moon was a teenager when he was accused of a crime. A judge decided to try Cameron as an adult, but another judge decided that wasn't right. The judge who decided Cameron should be tried as an adult only looked at the crime, not at Cameron's age and development.

This is important because teenagers' brains are still growing and they aren't always as responsible as adults. They are more likely to make bad decisions because they haven't had time to learn from their mistakes. Teenagers who are put in adult prisons are more likely to get hurt and have a hard time getting better. This isn't good for anyone, including the community. The judge was wrong to decide Cameron should be tried as an adult just because of the crime.

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Footnotes and Citation

Cite

Brief for Children at Risk as Amicus Curiae in Support of Respondent, State v. Moon, No. PD-1215-13, No. 01-10-00341-CR (Tex. Crim. App. Mar. 25, 2014).

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