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

A new report examined differences in state juvenile justice system financing, looking at how local control can improve outcomes.

The report, "Transforming Juvenile Justice Through Strategic Financing," compared seven states and highlighted Ohio's RECLAIM initiative as influential. RECLAIM began in 1993 and encouraged courts to implement community-based alternatives to youth incarceration, with the aim of decreasing the likelihood of repeated arrest.

Gabriella Celeste, policy director for the Schubert Center for Child Studies at Case Western Reserve University, said RECLAIM and its recent updates have transformed the state's juvenile justice system.

"In the last 10 years or so, it's really upped its game, the state of Ohio, in ensuring that the kinds of interventions are based on what works with kids," Celeste explained. "That's where we see the new kind of iterations of RECLAIM, the Targeted RECLAIM, and especially Competitive RECLAIM."

Ohio has seen declines in youth incarceration over the past two decades, with the average daily youth population in correctional facilities falling from nearly 1,700 in 2005 to around 500 in recent years. The number of young people on parole declined 84% over the same period.

The average cost to house a juvenile in prison nationally is estimated to be $500 per day, or more than $200,000 a year, with some states above $500,000. The report found community-based programs are far cheaper with some costing as little as $75 a day.

Celeste pointed out alternative placements have been effective at reducing recidivism and improving other measures of youth well-being.

"With kids we want to be thinking about other wellness-related outcomes," Celeste outlined. "Are they engaged in school? Are they discontinuing use of substances? Are they progressing with a treatment program? But we tend to just look at one thing when it comes to kids in the justice system, and that's recidivism, which is important, but safety includes a number of other factors."

Alternative placements often include community services, which can more readily meet individualized needs among kids in the justice system. Courts can mandate individual and family therapy along with addiction programs. Celeste said mentorship programs have also gained popularity.

"There's increasingly a recognition that people who themselves have had experience or lived experience, whether in the system or as family members connected with loved ones in the system," Celeste observed. "They are themselves, kind of credible messengers, and they can play a really effective mentoring role with kids and young people."

The report looked at funding dynamics and programs in 11 localities among the seven states.


get more stories like this via email

A Missouri children's advocate is urging the justice system to focus on healing for youths, noting trauma and broken relationships often drive their actions.

Research shows Missouri has seen fluctuating juvenile delinquency rates, with urban areas such as St. Louis and Springfield facing rising youth crime. The St. Louis Police Department reported a 57% increase in juvenile shooting incidents so far this year compared with 2024.

Alex Lecure, board president for the group Advocating For Children in Crisis and Transition, has fostered numerous at-risk teens. He emphasized people who have been hurt, hurt people.

"The response to that can't be, 'Here's the rules, and if you don't follow those, then there's going to be consequences.' It needs to be done to the context of a relationship," Lecure explained. "There's a lack of connection and positive connection in their lives."

Lecure acknowledged youths must face consequences for their actions but stressed rules without relationships lead to rebellion.

Statistics show exposure to childhood violence is associated with a 40% increase in violent behavior during adolescence, as well as struggles with mental health issues such as anxiety, depression and post-traumatic stress disorder later in life. Lecure highlighted a common thread seen in delinquent youths.

"The common thread of trauma that we see across many if not most delinquent youths is just absent parent, for whatever reason," Lecure noted. "Either, maybe Dad's not there and Mom's working two jobs and doesn't have the time of day, but not getting that solid foundation connection from your parents is a trauma on its own."

Lecure stressed the need for the juvenile justice system to address broken connections in youths' lives by restoring relationships or fostering new ones.


get more stories like this via email

Several bills working their way through the Washington Legislature focus on reforming the state's juvenile legal system, including one known as the Youth Hope Act.

The Act would give eligible young offenders transitioning from juvenile detention to adult correctional facilities a chance to petition a board for early release.

Diego Gonzalez attends Seattle University, and is on the Youth Advisory Board for TeamChild, a nonprofit organization backing the Act. He said young offenders deserve a second chance.

"That's basically what this bill's just trying to do," said Gonzalez. "It's trying to let somebody grow and live past the worst thing they've done as a youth."

Critics of the Act are concerned about the risks of releasing offenders too soon.

Research shows youth incarceration most often increases reoffending rates, while impeding young people's educational and career success.

The Youth Hope Act is currently in the Senate Ways and Means Committee.

For serious crimes, children under 18 in Washington may be tried as adults and face 20 to 30 years in custody.

Arthur Longworth is a policy manager at TeamChild. He said Washington's determinate juvenile sentencing system does not leave room for youth to be rehabilitated.

"Judges are basically handcuffed," said Longworth. "They have to follow a guideline matrix for what a young person is sentenced to without considering circumstances too much."

Gonzalez got involved with TeamChild after his friend, Sunshine Timmons, was sentenced to 20 years for a crime she committed at 17. Timmons is now in the custody of the Department of Corrections.

Gonzalez said he believes she grew in Juvenile Rehabilitation - and given a chance, could be doing good work in her community.

"But instead, they were forced to go to DOC," said Gonzalez. "And it's a bad place, that does not help the people there."

About 50,000 youth are in confinement in the United States. That number is 60% lower than 25 years ago, thanks in part to growing awareness of the negative impacts of incarceration on young people.