Juvenile Justice in America:

Rehabilitation or Retribution

Introduction:

What do you think should happen to juvenile criminals who commit serious crimes? Do you believe in the possibility of rehabilitation for these youthful offenders? Or do you believe in retribution or the punishment of these young criminals in the adult justice system? Hopefully, reading this recent news article from The Miami Herald will jump start your thinking on Juvenile Justice in America: Rehabilitation or Retribution.

Brazill loses appeal for new trial in slaying
Child advocates dealt setback in campaign
BY NOAH BIERMAN
nbierman@herald.com

The Lake Worth teenager who shot and killed his middle school teacher lost his bid for a new trial Wednesday, dealing a major blow to the national movement aimed at changing the way Florida prosecutes children.

A three-judge appeals panel ruled that Nathaniel Brazill was properly charged and sentenced as an adult to 28 years in prison for killing English teacher Barry Grunow on the last day of school three years ago.

Advocacy groups have been watching the case carefully, in conjunction with the case of Lionel Tate, a Broward teenager sentenced to life in prison for a murder he committed when he was 12.

The Fourth District Court of Appeal in West Palm Beach came down squarely on the side of prosecutors, ruling Wednesday that Florida's method of transfering children to adult court meets constitutional standards.

''It is not unreasonable for the legislature to treat children who commit serious crimes as adults in order to protect societal goals,'' Judge Robert Gross wrote on behalf of the majority.

Thirteen when he committed the crime, Brazill was among the youngest Floridians ever charged with murder in adult court.

''If [advocates] want the law changed, since they couldn't get that done in the courts, they're going to have to get it done in the legislature,'' said Celia Terenzio, an assistant attorney general.

Brazill, now 16, confessed after he shot and killed Grunow on May 26, 2000. A jury convicted him of second-degree murder a year later and a judge sentenced him to 28 years in prison.

Defense attorneys, not surprised at Wednesday's decision, said they may appeal to the Florida Supreme Court. But there's no guarantee the justices will agree to take the case.

Brazill's mother, Polly Powell, said she would take the appeal ``as far as I can take it until I have no more chances.''

Palm Beach County State Attorney Barry Krischer and the attorney for widow Pam Grunow said they were relieved that Grunow will not have to endure another trial.

Brazill's appellate attorney, David McPherrin, made five arguments -- including a complaint that Brazill's sentence was too long and that trial prosecutor Marc Shiner made inappropriate comments during closing arguments. The court rejected them all.

But the appeals court took the most interest in Brazill's argument that Florida's method of sending youths to adult court violates the U.S. Constitution's equal protection clause, the separation of powers and due process.

In keeping with higher court opinions, Gross wrote that the constitution does not give children an ''absolute right'' to be tried in juvenile court. Rather, it's up to the legislature to decide how to charge children.

''Doubtless the Florida Legislature considered carefully the rise in the number of crimes committed by juveniles as well as the growing recidivist rate among this group,'' Gross wrote.

The decision does not bode well for Tate, who was 12 when he was charged with murdering 6-year-old Tiffany Eunick in his mother's Pembroke Park home in July 1999. The same court is weighing an appeal in his case.

''There's a number of us that are trying to bring down the transfer statute'' that puts children in adult court, said Richard Rosenbaum, Tate's attorney.

Wednesday's decision leaves some room for Tate's appeal, because he argued that children are not legally competent to stand trial as adults. That argument, bolstered by a recent MacArthur Foundation study, was not an issue in Brazill's appeal.

''With a defendant who is barely 13, the absence of any discussion about competency is just a missing piece in this case,'' said Marsha Levick legal director for the Juvenile Law Center in Philadelphia, which has filed a brief in the Tate case.

Information from the Associated Press was used in this report.

Here is a summary of the activities within this curriculum web.

• Activity 1 involves investigating the history of juvenile justice throughout various cultures and eras as well as in the United States and summarizing your findings in the form of a timeline.
• Activity 2 revolves around investigating the status of juvenile justice in 21st century America and ejudicating 2 sample scenarios based upon this investigation.
• Activity 3 asks students to investigate the current findings concerning adolescent brain research. After completing this investigation, students are expected to revisit the 2 sample scenarios from Activity 2 and re-evaluate the decisions they made based upon their research on teen-age brain development.