|
Kansas Supreme Court Cause No. 06-96197
Thirteen organizations and individuals, including NCYL, filed this amicus brief in the Kansas Supreme Court on behalf of a 17-year old juvenile who had been adjudicated a delinquent for an “aggravated sexual battery.” As a result, the juvenile was required to register as a sex offender and to have his personal information, including his picture, date of birth, race, and a link to a map showing where he lives, posted on Kansas’ on-line sex offender registry. Amici show the harm being inflicted on juveniles by the state’s notification and registration requirements and that such a public branding inhibits the rehabilitation of juveniles like L.M. Amici further assert that research on adolescent development makes clear that for juveniles, notification inflicts a harm significantly disproportionate to the offense. Finally, amici argue that if the disclosure provisions of the Kansas Offender Registration Act constitute serious punishment entitling juvenile offenders to trial by jury.
In a landmark ruling, the Kansas Supreme Court has held that all juveniles facing delinquency charges in Kansas have a right to a jury trial. Going beyond the facts presented in this case, the Court made its sweeping ruling because the Kansas juvenile code had changed so much from a rehabilitative to punitive purpose that the Kansas and U.S. Constitutions entitled juveniles to a jury trial.
Counsel: Marsha Levick, Jessica Feierman, Riya Shah, Juvenile Law Center for all amici, Pat Arthur, NCYL.
Updated April 2, 2010
|
 | |
|
