DIXON V. BROWN

Dixon v. Brown

Dixon v. Brown

Introduction

Youth detained in adult facilities under criminal court jurisdiction have the right to humane treatment, mental health and medical care, education, due process protection, and access to their families and the courts. These rights extend to children who are confined in juvenile detention centers, training schools, adult jails and prisons, and other secure institutions. These rights emanate from the U.S. Constitution and federal laws, including the Juvenile Justice and Delinquency Prevention Act; from state constitutions and laws; and from court interpretations of these laws. This chapter provides a summary of the major legal cases that guide the care of juveniles in correctional facilities. Full citations of the cases mentioned in text can be found at the end of the chapter. (The chapter was adapted for this report from Chapter 2 of Representing the Child Client, "Legal Rights of the Child," by Mark Soler.)

Conditions for convicted adult prisoners, and juveniles convicted under adult court jurisdiction only violate the U.S. Constitution where they amount to "cruel and unusual punishment" under the eighth amendment (see Rhodes v. Chapman). Adult facilities must provide for basic needs, including adequate food, clothing, shelter, medical care, and protection from violence. To determine whether a particular condition or practice is cruel or unusual in an adult institution, courts evaluate: (1) whether the condition poses a substantial risk of serious harm; and (2) whether officials acted with "deliberate indifference" to the rights of the inmate (see Wilson v. Seiter and Farmer v. Brennan).

Discussion

Since 1992, 45 states have passed or amended legislation making it easier to prosecute juveniles as adults. The result is that the number of youth under 18 confined in adult prisons has more than doubled in the past decade. This phenomenon is challenging the belief, enshrined in our justice system a century ago, that children and young adolescents should be adjudicated and confined in a separate system focused on their rehabilitation. In 1997, the Bureau of Justice Assistance funded a nationwide study of juveniles in adult correctional facilities to help policymakers and criminal justice practitioners form an effective response to this critical issue. Juveniles in Adult Prisons and Jails: A National Assessment is the product of that study.

This report begins to answer important questions about this vulnerable population: What is the extent of juvenile confinement in federal, state, and local facilities? What types of facilities are used to ...