UN Criticizes American Policies on Juveniles in Adult Courts and Prisons

By Christopher Costner
CFYJ Fellow

On Wednesday, March 26, 2014, the United Nations Human Rights Committee issued statements in regards to U.S. policies of incarcerating youth in adult prisons and also trying youth as adults. While the Committee applauded the recent efforts of the U.S. Supreme Court in banning mandatory life-without-parole sentences for youth in Miller v. Alabama, they were openly critical of state policies that exclude 16 and 17 year-olds from juvenile court jurisdictions and cause them to be tried and convicted in an adult court. The Committee also expressed disapproval of the fact that many youth are placed in adult prisons and jails, exposing them to a risk of physical and/or sexual abuse due to their immaturity and lack of development.

The U.N. Committee stressed that all youth under 18 years- of- age should be separated from adults during pretrial detention and after sentencing, and that youth should not be transferred to adult courts. In addition, all juvenile life-without-parole sentences, regardless of the crime, should be abolished, along with non-homicide and mandatory related sentences of life-without-parole. The Committee urged states to change their laws and policies to include all youth under 18 year- old in the jurisdiction of the juvenile court system. Lastly, there was a strong push by the Committee for solitary confinement being banned for anyone under the age of 18.

Such strong criticism and recommendations from the U.N. Committee bolsters our efforts across the country as we work to ensure that all youth are treated as youth and states finally recognize that kids are different. For more information, please see this release from our allies at the City University of New York Law School, who attended the meeting in person.