SHEBOYGAN, Wis. - The Netflix documentary series "Making a Murderer" drew national attention to the 2005 murder of Teresa Halbach. Steven Avery was convicted of the murder, and Avery's nephew, Brendan Dassey, who was 16 at the time, was tried and convicted in adult court of helping Avery commit the crime. But now, a federal judge has thrown out Dassey's so-called confession, and opened the possibility that Dassey will be set free.

Sheboygan criminal defense attorney Casey Hoff said Dassey should not have been tried in adult court.

"The problem with that is that we have so much medical and scientific research that shows that juveniles simply do not have the brain development that adults have," he said. "In males, it can be in the mid-20s when they have a fully formed brain, depending on the scientific research that you look at."

Hoff and others think juveniles should not be tried in adult court. Supporters of trying juveniles as adults have said that if a young person commits a heinous crime, they're acting as an adult and should be treated that way.

According to Hoff, wrongful juvenile convictions because of forced confessions happen more often than most people think.

"We know it because we have people that have confessed to crimes - so-called confessions - that later were exonerated by DNA evidence," he said. "So this isn't something that just happens extremely rarely. Unfortunately, it happens far too often than we might like to admit."

In Dassey's case, the federal judge ruled that the so-called confession was coaxed out of the special-education student by police who coerced him.

Hoff referenced another current high-profile Wisconsin case involving two young girls from Waukesha, accused of stabbing their young friend multiple times to please a fictional character.

"You've seen this in the Slender Man decision where you had, I believe, it was the 12-year-old girls that are now being tried as adults," he said. "They simply do not have the same cognitive and decision-making and appreciation of risks and consequences as adults do. It doesn't mean that we shouldn't hold juveniles accountable when they commit horrendous crimes."

Hoff agreed with the girls' attorney, who said that in the adult justice system, the young girls will not get the counseling and social services help that they need.


get more stories like this via email

Nearly 2,000 South Dakota juveniles were successfully diverted from the state's court system this year, according to a new report.

A 2024 law has added fiscal incentive for counties to continue these diversion efforts.

When low-risk youth are diverted from the court system, they are 45% less likely to reoffend, according to the Annie E. Casey Foundation.

Diversion can take many forms, from mural-painting to skateboarding programs.

State's Attorney Lara Roetzel in Pennington County, where diversion programs have been used for about 25 years, said they can help unveil the root cause of a child's misbehavior.

"Diversion gives you a chance to really get to know that young person, and get them the help that they need," said Roetzel, "because it's not always obvious."

For example, she said, a child caught stealing may be doing so to support a drug habit - and would be best served through addiction counseling.

The Department of Social Services has also expanded community-based treatment options for youth, including functional family therapy and aggression replacement therapy, according to a draft 2024 report from the state's Juvenile Justice Oversight Council.

When a child avoids court or incarceration, the state saves money - so the state compensates counties for the cost per child of successful diversions.

South Dakota Senate Bill 47, passed this year, increased the amount paid from $250 to $750 per child. Roetzel said that allows the diversion programming to continue.

"It meant that I just wrote a check this week," said Roetzel, "that will allow me to pay for classes for almost all of the young people that will go through my juvenile diversion programs next year."

This is particularly helpful, she said, because otherwise the outstanding costs land on parents - who often can't afford to pay them.




get more stories like this via email

When a 6-year-old girl in Florida had a temper tantrum in class, it seemed like a typical childhood moment.

But instead of calming the situation, a school resource officer placed her in a squad car, fingerprinted her and took a mug shot, which left lasting emotional scars.

Delvin Davis, senior policy analyst at the Southern Poverty Law Center, said the case highlights a troubling ongoing concern: disparities in how discipline is enforced, particularly for Black and brown children. This case and others are highlighted in his report, "Only Young Once: The Systemic Harm of Florida's School-to-Prison Pipeline and Youth Legal System."

"As you can imagine, it was a very traumatic experience for her," Davis explained. "She's older now, but still it has lingering on ongoing effects for her -- mentally and how she does well in school and how she interacts with other people, things like that -- and how she interacts with authority figures as well."

Following the case, in 2021, the Florida Legislature passed the "Kaia Rolle Act," which prohibits the arrest of children under age 7, except in cases involving a forcible felony. However, children as young as 7 can still be arrested and prosecuted in the state.

Davis' report examined how school discipline policies, combined with a significant increase in law enforcement presence in schools, have exacerbated the problem, particularly in the aftermath of the Marjory Stoneman Douglas school shooting. Davis noted it led to a sharp rise in school-based policing.

"Once you expel or suspend a kid from school, there's a higher correlation for dropout rates," Davis pointed out. "And pretty much the first step into the school to prison pipeline is a downward spiral, where you're more likely to see that kid detained later on, arrested later on and further on into the penal system."

At the heart of Davis's findings is a call for systemic change to ensure schools are places of support and growth, not gateways to the juvenile justice system. The report also pointed to solutions, emphasizing community-based programs as more effective alternatives to punitive discipline.


get more stories like this via email

The holiday season is a difficult time of year for families with children in Washington's youth detention centers. Families have limited access to children in prisons.

Rashida Robbins has a child in Green Hill School, a 180-bed facility in Chehalis. She said families were invited to holiday dinners in early December but noted it was long before Christmas and on that day, she said, there will be a hole in her home that cannot be filled.

"It's pretty tough, and the lack of access to him during these times makes it even tougher," Robbins explained. "The thought of him just sitting in a locked room makes it unbearable as a parent. It's really rough."

Gov. Jay Inslee has announced a proposal for a new youth facility to address overcrowding, specifically at Green Hill. Organizations, including Kids Are Kids and TeamChild, have criticized the plan, saying it does not address the current concerns at Green Hill.

Stacy Stanaway said unaddressed issues have been the case for her son, who suffered from behavioral challenges before he was sent to Green Hill. She added a disciplinary action meant she was not able to visit for the family holiday earlier in the month.

"We can't just isolate people from their family, from their community and expect things to just go away," Stanaway argued. "And so, with my son the holidays especially are really, really difficult for us because he has younger siblings, he has older siblings."

A spokesperson for Green Hill said because the holiday event involved a high number of visitors, the behavior expectations leading up to the event were "no physical aggression and drug use 30 days in advance" for safety reasons.

Stanaway acknowledged much of the healing for her boy will have to happen after he comes back from the youth facility.

"It's going to be a phase and a period of time that's going to take years, in reality, of recovery for my child," Stanaway stressed. "I feel that time is paused right now."

Robbins added sometimes, it feels like kids are never meant to get out of a facility like Green Hill. She implores state leaders to do something.

"I would challenge the people that have the power to make changes to do so and be on the right side of history," Robbins concluded.


get more stories like this via email