Criminalizing Normal Adolescent Behavior in Communities of Color: The Role of Prosecutors in Juvenile Justice Reform

There is little dispute that racial disparities pervade the contemporary American juvenile justice system. The persistent overrepresentation of youth of color in the system suggests that scientifically supported notions of diminished culpability of youth are not applied consistently across races. Drawing from recent studies on implicit bias and the impact of race on perceptions of adolescent culpability, Professor Henning contends that contemporary narratives portraying black and Hispanic youth as dangerous and irredeemable lead prosecutors to disproportionately reject youth as a mitigating factor for their behavior. Although racial disparities begin at arrest and persist through every stage of the juvenile justice process, this Article focuses specifically on the unique opportunity and obligation that prosecutors have to address those disparities at the charging phase of the juvenile case. Professor Henning implores juvenile prosecutors to resist external pressures to respond punitively and symbolically to exaggerated perceptions of threat by youth of color and envisions a path toward structured decision making at the charging phase that is informed by research in adolescent development, challenges distorted notions of race and maturity, and holds prosecutors accountable for equitable decision making across race. While fully embracing legitimate prosecutorial concerns about victims’ rights and public safety, Professor Henning frames the charging decision as one requiring fairness, equity, and efficacy. Fairness requires that prosecutors evaluate juvenile culpability in light of the now well-documented features of adolescent offending. Equity demands an impartial application of the developmental research to all youth, regardless of race and socioeconomic status. Efficacy asks prosecutors to rely on scientifically validated best practices for ensuring positive youth development and achieving public safety. Thus, even when neighborhood effects and social structures produce opportunities for more serious and more frequent crime among youth of color, prosecutors have a duty to evaluate that behavior in light of the current developmental research and respond to that conduct with the same developmentally appropriate options that are so often available to white youth. As the gatekeepers of juvenile court jurisdiction, prosecutors should work with developmental experts, school officials, and other community representatives to develop and publish juvenile charging standards that reflect these goals. To increase transparency and encourage buy-in from the public, Professor Henning recommends that prosecutors track charging decisions according to race and geographic neighborhood and provide community representatives and other stakeholders with an opportunity to review those decisions for disparate impact. Finally, to ensure that communities of color are able to respond to adolescent offending without state intervention, Professor Henning contemplates a more expansive role for prosecutors who will engage and encourage school officials and community representatives to identify and develop adequate community-based, adolescent-appropriate alternatives to prosecution

What’s Wrong With Victims’ Rights in Juvenile Court?: Retributive v. Rehabilitative Systems of Justice

While scholars have written extensively about the victims’ rights movement in capital and criminal cases, there has been very little discussion about the intersection of victims’ rights and the juvenile justice system. Statutes that allow victims to attend juvenile hearings and present oral and written impact statements have shifted the juvenile court’s priorities and altered the way judges think about young offenders. While judges were once primarily concerned with the best interests of the delinquent child, victims’ rights legislation now requires juvenile courts to balance the rehabilitative needs of the child with other competing interests such as accountability to the victim and restoration of communities impacted by crime. In this article, I contend that victim impact statements move the juvenile court too far away from its original mission and ignore the child’s often diminished culpability in delinquent behavior. I also argue that victim impact statements delivered in the highly charged environment of the courtroom are unlikely to achieve the satisfaction and catharsis victims seek after crime. To better serve the needs of the victim and the offender, I propose that victim impact statements be excluded from the juvenile disposition hearing and incorporated into the child’s long-term treatment plan. Interactive victim awareness programs, such as victim-offender mediation and victim impact panels that take place after disposition, allow victims to express pain and fear to the offender, foster greater empathy and remorse from the child, and encourage forgiveness and reconciliation by the victim. Delaying victim impact statements until after the child’s disposition also preserves the child’s due process rights at sentencing and allows the court to focus on the child’s need for rehabilitation

Eroding Confidentiality in Delinquency Proceedings: Should Schools and Public Housing Authorities Be Notified?

In this Article, Professor Henning examines how schools and public housing authorities obtain juvenile records and explains how these institutions may use the records to exclude children and their families from the basic benefits of education and housing. Drawing on recent research in the field of developmental psychology, Professor Henning reevaluates early assumptions about adolescents\u27 amenability to treatment and the impact of stigma on children and explores the practical implications of sharing records with schools and public housing authorities, questioning whether new confidentiality exceptions actually will yield the expected benefits of improved public safety. She concludes that legislators should deny public housing authorities access to juvenile records but allow schools limited access to records through a series of school liaisons. These liaisons should attempt to accommodate, on a case-by-case basis, the often competing values of preserving safety in schools while enabling the rehabilitation of children in the juvenile justice system

From interstellar abundances to grain composition: the major dust constituents Mg, Si and Fe

We analyse observational correlations for three elements entering into the composition of interstellar silicate and oxide grains. Using current solar abundances (Asplund et al. 2009), we convert the gas-phase abundances into dust-phase abundances for 196 sightlines. We deduce a sharp difference in abundances for sightlines located at low (|b|<30\degr) and high (|b|>30\degr) galactic latitudes. For high-latitude stars the ratios Mg/Si and Fe/Si in dust are close to 1.5. For disk stars they are reduced to ${\rm Mg/Si} \sim 1.2$ and ${\rm Fe/Si} \sim 1.05$. The derived numbers indicate that 1) the dust grains cannot be the mixture of silicates with olivine and pyroxene composition only and some amount of magnesium or iron (or both) should be in another population and 2) the destruction of Mg-rich grains in the warm medium is more effective than of Fe-rich grains. We reveal a decrease of dust-phase abundances and correspondingly an increase of gas-phase abundances with distance $D$ for stars with D\ga 400\,pc. We attribute this fact to an observational selection effect: a systematic trend toward smaller observed hydrogen column density for distant stars. We find differences in abundances for disk stars with low (E({\rm B-V}) \la 0.2) and high (E({\rm B-V}) \ga 0.2) reddenings which reflect the distinction between the sightlines passing through diffuse and translucent interstellar clouds. For Scorpius-Ophiuchus we detect an uniform increase of dust-phase abundances of Mg and Si with an increase of the ratio of total to selective extinction $R_{\rm V}$ and a decrease of the strength of the far-UV extinction. This is the first evidence for a growth of Mg-Si grains due to accretion in the interstellar medium.Comment: 16 pages, 16 figures, accepted for publication in Astronomy and Astrophysic

Neutron Stars: Recent Developments

Recent developments in neutron star theory and observation are discussed. Based on modern nucleon-nucleon potentials more reliable equations of state for dense nuclear matter have been constructed. Furthermore, phase transitions such as pion, kaon and hyperon condensation, superfluidity and quark matter can occur in cores of neutron stars. Specifically, the nuclear to quark matter phase transition and its mixed phases with intriguing structures is treated. Rotating neutron stars with and without phase transitions are discussed and compared to observed masses, radii and glitches. The observations of possible heavy $\sim 2M_\odot$ neutron stars in X-ray binaries and QPO's require relatively stiff equation of states and restrict strong phase transitions to occur at very high nuclear densities only.Comment: Proc. of the 10th Int. Conf. on Recent Progress in Many-Body Theories (MBX), Seattle, 10-15 Sep 1999, World Scientific. 16 page

Effective medium theories for irregular fluffy structures: aggregation of small particles

We study the extinction efficiencies as well as scattering properties of particles of different porosity. Calculations are performed for porous pseudospheres with small size (Rayleigh) inclusions using the discrete dipole approximation. Five refractive indices of materials covering the range from $1.20+0.00i$ to $1.75+0.58i$ were selected. They correspond to biological particles, dirty ice, silicate, amorphous carbon and soot in the visual part of spectrum. We attempt to describe the optical properties of such particles using Lorenz-Mie theory and a refractive index found from some effective medium theory (EMT) assuming the particle is homogeneous. We refer to this as the effective model. It is found that the deviations are minimal when utilizing the EMT based on the Bruggeman mixing rule. Usually the deviations in extinction factor do not exceed $\sim 5$ for particle porosity ${\cal P}=0 - 0.9$ and size parameters x_{\rm porous} = 2 \pi r_{\rm s, porous}/\lambda \la 25. The deviations are larger for scattering and absorption efficiencies and smaller for particle albedo and asymmetry parameter. Our calculations made for spheroids confirm these conclusions. Preliminary consideration shows that the effective model represents the intensity and polarization of radiation scattered by fluffy aggregates quite well. Thus, the effective models of spherical and non-spherical particles can be used to significantly simplify computations of the optical properties of aggregates containing only Rayleigh inclusions.Comment: 24 pages, 9 figures, accepted for publication in Applied Optic

Dust extinction and absorption: the challenge of porous grains

In many models of dusty objects in space the grains are assumed to be composite or fluffy. However, the computation of the optical properties of such particles is still a very difficult problem. We analyze how the increase of grain porosity influences basic features of cosmic dust -- interstellar extinction, dust temperature, infrared bands and millimeter opacity. Porous grains can reproduce the flat extinction across the 3 - 8 \mkm wavelength range measured for several lines of sight by {\it ISO} and {\it Spitzer}. Porous grains are generally cooler than compact grains. At the same time, the temperature of very porous grains becomes slightly larger in the case of the EMT-Mie calculations in comparison with the results found from the layered-sphere model. The layered-sphere model predicts a broadening of infrared bands and a shift of the peak position to larger wavelengths as porosity grows. In the case of the EMT-Mie model variations of the feature profile are less significant. It is also shown that the millimeter mass absorption coefficients grow as porosity increases with a faster growth occurring for particles with Rayleigh/non-Rayleigh inclusions. As a result, for very porous particles the coefficients given by two models can differ by a factor of about 3. It is found that an increase of porosity leads to an increase of extinction cross sections at some wavelengths and a decrease at others depending on the grain model. However, this behaviour is sufficient to reproduce the extinction curve in the direction of the star $\sigma$ Sco using current solar abundances. In the case of the star $\zeta$ Oph our model requires larger amounts of carbon and iron in the dust-phase than is available.Comment: Astronomy and Astrophysics (accepted; 11 pages, 11 figures

Space Station Freedom technology payload user operations facility concept

This report presents a concept for a User Operations Facility (UOF) for payloads sponsored by the NASA Office of Aeronautics and Space Technology (OAST). The UOF can be located at any OAST sponsored center; however, for planning purposes, it is assumed that the center will be located at Langley Research Center (LaRC)