Delaware’s Gun Court

Chandlee Johnson KuhnChief Judge 

Delaware Family Court 

Every single day in the United States, guns cause the death of 20 children and young adults.  Children and young adults constitute over 41% of all firearm deaths and non-fatal injuries. 

“Gun Violence Statistics,” Legal  Community Against Violence http://www.lcav.org/statistics-polling/gun_violence_statistics.asp#9.

Why have Gun Court?

The Need

Juvenile “street gun culture” trend

20% of all perpetrators of Wilmington gun crime in 2008 were juveniles between the ages of 14 and 16

System complications:

Dual jurisdiction of Family Court & Superior Court

Crowded court calendars

Multiple case delays

No communications between various State agencies

Inadequate data tracking & information sharing

Political bickering 

The Solution 

Establish a Gun Court 

2009

Part of Family Court

Exclusively for juveniles

GOAL: 

To break the repeating cycle of juvenile gun crime & rehabilitate DE’s youth as quickly & effectively as possible within Constitutional Rights. 

Methodology

Delaware is looking at each individual juvenile and assessing their unique individual circumstances

Emphasizing treatment and education over punishment and alienation has led to a low recidivism rate and judicial and economical efficiency.  

The collaboration among the Court, Prosecutor’s Office, Defense Counsel and the Division of Youth Rehabilitative Services has made this program successful in Delaware.  

The Reasoning

Addressing gun violence in juvenile court promotes community safety and rehabilitation 

Single, streamlined forum to address gun violence

Sentences include appropriate treatment, rehabilitation efforts & close court supervision 

Consistent data tracking for effective resource allocation 

The Upside

By keeping juveniles incarcerated, more of them are completing high school & receiving their GEDs, when they previously never did.  

The Downside 

Taking a risk with these youths in terms of giving them another chance after committing very serious offenses

Gun Court calendar will eventually be overloaded with non-gun cases since once in Gun Court, juvenile comes back for all subsequent charges.

Dwayne Betts

What is the value of a life?

Success Story	

New Castle County: E. G.

Came in with very serious robbery gun charges

Went to Project Stay-Free

Committed a VOP by failing to check in

First 90 days  no change

Today (6 months later): a New man. 

Packed the Courtroom with supporters 

Thankful for the second chance 

Delaware Gun Court Statistics

Statistics

One year after inception, Delaware’s Gun Court decreased the number of juvenile gun cases heard in Superior Court by 44%.  

Drastically reduced case disposition time

Nearly 90% of cases plead.  

Reduced expenses:  61% of the space at DE’s juvenile detention centers was occupied by gun crime defendants in 2008.  In 2009 Gun Court reduced this to 17%.  

As of January 2012, out of the 230 juveniles who had come through Gun Court, 35 had new gun charges. 

15% recidivism rate

Total Violent Felonies by County

Violent Felony Recidivism Rate

2009

2010

2011

Average Recidivism Rate 09-11

The Gun Court Process

From Arrest through Release

The Process: Arrest

Arrest

After Hours

JP Court

Business Hours

Family Court

Immediate Treatment

Immediate Treatment

The Process: Charges

Superior Court

First and Second-Degree Murder

First and Second-Degree Unlawful Sexual Intercourse

First Degree Assault

First Degree Kidnapping

First Degree Robbery IF

Previously adjudicated delinquent of 1 or more offenses which would constitute a felony AND

Involves a deadly weapon OR involves the threat of possessing a deadly weapon OR involves the infliction of serious physical injury on the victim

Superior Court Jurisdiction

Superior Court Jurisdiction if 16 and Older

Family Court Jurisdiction

The Process: Charges

Superior Court

If Defendant is 16 or older AND has previously been found delinquent of a felony AND the current charge is

First-Degree Conspiracy

First-Degree Arson

First-Degree Burglary

An attempt of any of these charges

Superior Court Jurisdiction

Superior Court Jurisdiction if 16 and Older

Family Court Jurisdiction

The Process: Charges

Gun Court

An amenability hearing will be held if:

Juvenile is 16 or older

Charged with

Manslaughter

First-Degree Burglary

Arson

Second-Degree Rape

An attempt of any of these charges

Otherwise, Gun Court has Jurisdiction

Superior Court Jurisdiction

Superior Court Jurisdiction if 16 and Older

Family Court Jurisdiction

The Process: Charges

Typical Gun Court Charges

Carrying a Concealed Deadly Weapon

Possession of a Firearm During the Commission of a Felony

Reckless Endangering

Aggravated Menacing

Theft of a Firearm

Possession of a Weapon in a Safe Zone

Superior Court Jurisdiction

Superior Court Jurisdiction if 16 and Older

Family Court Jurisdiction

The Process: Amenability

Attorney General’s Office

Makes decision about Amenability

Defendant

Can Accept or ask for hearing

Judge

Final Decision

The Process: Amenability

Judge will incorporate the opinions of the:

Prosecutor

Public Defender

Defendant

Psycho-Forensic Evaluator

YRS

The Process: Amenability

Judge will incorporate the following factors

Age of defendant

Prior Record

Recommendations

Defendant’s Home Life

Defendant’s Mental Health Issues

Whether defendant was in Foster Care

The Process: Prelim

Gun Court Judge hears Preliminary Hearings for all cases in Gun Court, even those which will be transferred to Superior Court.

Gun Court

Gun Court

Preliminary Hearing

Subsequent Proceedings

Superior Court

The Process: Case Review

Prior to going to trial, a case review is scheduled.

Case Review

Includes Prosecutor, Defense Attorney, Defendant, and Gun Court Judge.

Plea Offer

If rejected, case goes to trial in front of different Family Court Judge.

Prosecutor may not follow the case, but the Public Defender may.

The Process: Sentencing

Judge has discretion over where to place defendant.

Incorporates opinions of:

Prosecutor

Public Defender

Defendant

Psycho-Forensic Evaluator

YRS

The Process: Sentencing

Factors that should be considered in placement decision:

Criminal History

Prior Placements

The specific goals of the placement facilities

Defendant’s mental illness / depression

Defendant’s history of violence

Defendant’s prescribed medication

Defendant’s substance abuse issues

Incarceration

Treatment

The Process: Placements

Grace Cottage

Glen Mills (Pennsylvania)

Coastal Harbor (Georgia)

Project Stay-Free

Ferris

South Dakota & Southwest Indiana (Girls)

The Process: Sentence Reviews

Held periodically in front of Gun Court Judge

On phone or in person

Department of Services for Children, Youth, and their Families conducts probation reviews and status updates

Treatment Facility

Probation Officer

Gun Court Judge

Sentence Review

The Process: The End

Juvenile completes sentence, gun court jurisdiction ends.

BUT, subsequent charges will bring the defendant back to Gun Court, whether or not the new charges involve a weapon.

Arrest

Plea

Sentence

Completion

New Charges

The Role of Gun Court Players

Roles: Judge

Gun Court Judge presides over:

Arraignments

Preliminary Hearings

Case Reviews

Amenability Hearings

Pleas & Sentencing

Bail Reviews

Roles: Judge

Has the choice to:

Waive Jurisdiction

Find Non-Amenable

Accept Plea

Set a Date for Trial

Continue

Roles: Prosecution

Evaluates, based on the nature of the crimes, whether jurisdiction lies in Superior Court or Family Court.

Statutory mainly, but will also look at factors:

Defendant’s Age

Prior Record

Seriousness of Offense

Any Family Court Benefit

D’s Prior Placement History

Roles: Prosecution

Prior to Trial:

Accumulates as much information as possible

Talks with Defense Attorney, Child Services and Support Services

Gets to hear mitigating factors

Defendant’s Age

Prior Record

Seriousness of Offense

Any Family Court Benefit

D’s Prior Placement History

Roles: Prosecution

Goal:

Maintain public safety

      without

Ruining the defendant’s Life

Roles: Defense

Meet with Defendant, PFE, Family

Goal: Keep the case in Gun Court, and out of the Superior Court.

Roles: Defense

To keep the case in Gun Court, argue mitigating factors.

If staying in Gun Court, conduct discovery after preliminary hearing.

Defendant

Support Services

YRS

Family Members

Roles: Youth Rehabilitative Services

Prior to hearing, probation officers attempt to reach out to defendant’s on Gun Court Calendar.

Explain their role in Gun Court.

Try to collect records:

Home Behavior

Substance Abuse

Mental Health

School Records

Roles: Youth Rehabilitative Services

Reach out to pre-trial programs

Learn Min. Mandatory

Recommend to Court

Meet with family and defendant

Coordinate with other divisions

Roles: Support Services

Delaware Public Defender’s Office established the first Psycho-Forensic Evaluator (PFE) Unit of any PDO in 1980.

Masters-level PFEs assist attorneys

Client History

Medical

Develop Client Specific Plan

Alternatives to Level 5

Provide Mitigating Factors at Sentencing

Mental-Health

Substance Abuse

For Conditional Pre-Release

Assist Attorneys

In hiring Experts

Defenses

Roles: Support Services

PFEs try to get the complete picture of the defendant.

Contact all parties in defendant’s life

Assist Attorneys

Future Goals

Lower recidivism rates.

Provide more juvenile’s with access to education/ GED programs.

Help juveniles become employed or employable upon completion of rehabilitative treatment.

Gain a better understanding of the reasons for youth gun crimes.

Conclusion

Gun Court is still a work in progress, but we have seen positive results thus far and we continue to adapt to better serve the citizens of Delaware.

Questions?

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