U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention

John J. Wilson, Acting Administrator March 2000

Seattle’s Effective Strategy From the Administrator While juvenile violence has been for Prosecuting Juvenile declining in recent years, its level remains unacceptable, as recent Firearm Offenders headlines have underscored. We know that the overwhelming major- ity of homicides committed by juveniles involve firearms and that Bob Scales and Julie Baker an alarming number of students are The Office of Juvenile Justice and Delin- dramatically between 1987 and 1994. coming to school armed. In the quency Prevention (OJJDP) has long recog- By 1994, 82 percent of all homicides by course of a single academic year, nized the need for communities to develop juvenile offenders involved the use of more than 100,000 students are comprehensive and collaborative efforts to a firearm (Snyder and Sickmund, 1999). likely to have carried a gun to school. reduce juvenile gun violence. Components ◆ In 1994, firearm injuries were the of a collaborative gun violence reduction second leading cause of death for These disturbing events and statis- program can include targeted re- young people between the ages of 10 tics demand our comprehensive sponses, surveillance of probationers, situ- and 24 (National Center for Injury response. Public officials, commu- ational prevention using problem- Prevention and Control, 1996). nity leaders, and other concerned solving strategies, parental supervision, citizens must work together to peer mediation and conflict resolution, The number of juveniles with access to firearms also is significant: reduce juvenile gun violence. As school-based interventions, community mo- most States restrict or prohibit the ◆ bilization, legislation restricting youth ac- In 1994, the National School Boards possession of firearms by juveniles, cess to guns, and tough sentences for Association estimated that each day a key element in a campaign to involving firearms (OJJDP, 1999). Ef- approximately 135,000 students na- combat gun violence is the strict fective prosecution of juvenile firearm of- tionwide carried guns into schools enforcement of such laws and the fenders is another essential component of a (Maginnis, 1995). effective prosecution of those who successful gun violence reduction program. ◆ In a 1995 national survey, 7.6 percent of violate them. Statistics from the recently published all students reported carrying a firearm Juvenile Offenders and Victims: 1999 Na- This Bulletin provides helpful for fighting or self-defense at least once information about steps taken by tional Report (Snyder and Sickmund, in the previous 30 days (Kann et al., 1999) reveal that although the homicide the Seattle [Washington] Police 1996). This is nearly double the rate in Department and the Prosecutor’s rate of juveniles has declined in recent 1990 (Weapon-carrying, 1991). years (after peaking in 1993), the role of Office in King County, Washington, ◆ It is estimated that 6,093 students were to strengthen the investigation and firearms in homicides involving juvenile expelled nationally for bringing a firearm victims or juvenile offenders remains prosecution of juvenile firearm to school during the 1996–97 school year offenders. It is my hope that this significant: (U.S. Department of Education, 1998). information will enhance efforts to ◆ In 1997, 56 percent of the Nation’s 2,100 By 1994, laws in 18 States restricted the end juvenile gun violence and its murder victims ages 17 and younger possession of handguns by juveniles, and tragic toll across the Nation. were killed with a firearm (Snyder and another 14 States prohibited the posses- Sickmund, 1999). John J. Wilson sion of all firearms by juveniles (National Acting Administrator ◆ The percentage of homicides commit- Criminal Justice Association, 1997). An ted by juveniles with firearms increased evaluation of the effectiveness of local gun laws and policies suggests that these analysis and mapping system, law enforce- implemented the new YHVI deputy pros- laws can prevent and even reduce the ment overtime, and project evaluation. Ini- ecuting attorney (DPA) position in juvenile number of firearm-related homicides tiative activities included: court dedicated exclusively to the prosecu- (Howell, 1995). ◆ Establishing School Enforcement tion of juveniles who committed crimes Vigorous enforcement and effective pros- Teams (SET’s). A coordinated school using firearms. The new DPA’s goals were to: ecution of local gun laws are essential. enforcement program was estab- This Bulletin details successful strategies lished involving all SPD personnel implemented by the Seattle [WA] Police working in schools, organized by pre- What Types of Data Were Department (SPD) and the King County cinct, and working in unison with [WA] Prosecutor’s Office that improved school district administrators and Collected? the effectiveness of both the police inves- security staff. Teams met monthly. The King County Prosecutor’s Office, tigation and the prosecution of juvenile The program employed a problem- in consultation with the Seattle Police firearm offenders. solving approach to address school Department, developed a list of problems and focused on improving information to be retrieved from case communication between agencies files and included in the database: The Seattle Police represented on SET’s. Targeted en- Department Youth forcement projects were initiated as ◆Juvenile. Handgun Violence needed for identified “hotspots.” ❖ Name, age, gender, and race. ◆ Initiative Grant Developing a New Crime Analysis ❖ Delinquency history. System. Grant funds were used to pur- In 1994, the Washington State Legislature ❖ chase software and hardware for a School. enacted a new law making it a felony-level new Crime Analysis System to provide ◆Crime. offense for anyone under the age of 18 to youth crime targeting, mapping, and own, possess, or control a firearm of any ❖ Brief description of incident, tracking capabilities and to support kind in Washington State.1 The law also date, and time. SET activities. increased the severity of consequences ❖ ◆ Incident address and type of for gun-related crimes committed by youth. Tracking and Prosecuting Chronic location (see figure 1). Following the passage of this new law, SPD Youthful Offenders. The King County ❖ and the King County Prosecutor’s Office Prosecutor’s Office specifically fo- Victim’s age, gender, race, and announced the implementation of the SPD cused on youthful offenders involved any injuries sustained. Youth Handgun Violence Initiative (YHVI), in weapons cases, creating a baseline ❖ Description of motor vehicles a coordinated enforcement and prosecu- database for tracking juvenile gun used. tion effort to remove guns from the hands crime cases. SPD and the King County ❖ Gang information (gang name of Seattle’s youth. YHVI complemented the Department of Youth Services (DYS) or moniker). SPD’s and King County Prosecutor’s Office’s shared information to improve track- educational effort called “Options, Choices, ing of chronic juvenile offenders and ◆Firearm. Consequences,” a gun violence prevention dissemination of information between ❖ Make, model, caliber, and serial program in which police officers, prosecu- the agencies, including offenders’ number. tors, and physicians teach Seattle’s middle probation or parole status. ❖ Status of the gun: recovered? school students about the legal and medi- ◆ Targeting Serious Youth Offenders. loaded? fired? cal consequences of unlawful firearm Officers from the SPD’s narcotics and ❖ possession and use. gang units coordinated with SET’s to Description of how the gun was The Seattle Police Department’s Youth address the citywide youth violence obtained and used by the juvenile. Handgun Violence Initiative was funded problem. The program included en- ◆Prefiling. forcement projects targeted at youth by a U.S. Department of Justice Office of ❖ Date case was received by the identified as serious offenders. These Community Oriented Policing Services prosecutor. (COPS) grant. Ten cities throughout the enforcement projects included partner- country were awarded funds under this ing detectives with patrol officers and ❖ Action taken by the prosecutor. program to provide targeted and focused focusing resources on areas identified ◆Court Proceedings. law enforcement efforts directed at combat- as having high levels of drug dealing, ❖ Charges filed against the ing the rise of youth firearm violence. SPD drug trafficking, and gang activity. juvenile. allocated a portion of these grant funds ◆ Performing Research and Evaluation. ❖ to employ a prosecutor dedicated to the The grant participants established links Standard range of sentences prosecution of juvenile firearm offenders. with University of Washington and King for charges filed. In addition to prosecution support, SPD County Department of Public Health ❖ Results of transfer hearings allocated YHVI grant funds for a new crime researchers to survey the community (waiver to adult court). on program progress and hold focus ❖ Adjudications ( and groups to identify strategies to combat 1 dismissals). The Revised Code of Washington (RCW 9.41.010 (1)) youth violence and firearm use. defines a firearm as “a weapon or device from which a ❖ Dispositions (sentences projectile or projectiles may be fired by an explosive In September 1996, representatives of SPD imposed and modification such as gunpowder.” This includes handguns, rifles, and the King County Prosecutor’s Office and shotguns. hearings).

2 police report, copies of all court docu- among the older segment of this Figure 1: Location of Juvenile ments, information on each juvenile’s of- population, with more than half of Firearm Incidents fending history, a complete record of the all juvenile offenses committed by (King County, WA, incident, and details of what happened youth ages 16 and 17. (More than procedurally in the case. The DPA de- 80 percent of robberies and assaults 804 Cases, January signed a computer database system for by juveniles using firearms are com- 1994–May 1997) tracking firearm offenders through the mitted by youth age 15 or older, court system. This database supple- while the majority of burglaries by Park mented the court’s existing computer juveniles where firearms are stolen School 3.6% system (Juvenile Justice Wide Area Net- are committed by youth age 15 or 9.3% 29* Residence work) and contained additional descrip- younger.) 33.6% 75* tive information about the juvenile and Business ❖ The number of male offenders rises 10.2% his or her offense. steadily with age. The number of 82* 270* The database included all cases where a female offenders peaks at age 15 firearm either was used in the commission and then begins to decline. Female 151* of a crime or was unlawfully possessed juveniles often become involved Vehicle by the juvenile. It allowed the prosecutor with firearms through their boy- 197* 18.8% to quickly and easily monitor, evaluate, friends, who are typically a year or and prepare cases for court hearings and two older. This may explain the fe- Street identify serious, violent, and chronic of- male juvenile offender peak at age 24.5% fenders. Data were collected during the 15, when many girls begin dating first 9 months (September 1, 1996, to May (see figure 2). *Number of cases. 31, 1997) of the DPA grant period. The ❖ Less than 7 percent of all juvenile database also included information on firearm crimes are committed by all King County juvenile firearm cases for ◆ females. Female juveniles are more Increase the effectiveness of the pros- the preceding 3 years, information that ecution of juvenile firearm offenders by likely to be involved in property or was used to generate baseline statistics possession crimes involving fire- identifying and tracking juvenile offend- to evaluate the effectiveness of the pro- ers throughout the judicial process. arms and are rarely involved in gram. The database helped the DPA to violent firearm offenses. ◆ Improve the efficiency at every stage of identify problem areas and common weak- prosecution. nesses in the prosecution of these cases ❖ The majority of juvenile firearm of- fenders (58 percent) have at least one ◆ that he could then address in his legal Improve the coordination of law en- delinquency adjudication on their forcement and prosecution efforts. research and training sessions. Using the database, the prosecutor analyzed police record. Another 20 percent have had ◆ Provide training and legal advice to law reports from hundreds of firearm cases some type of court referral, but no enforcement personnel. to determine how investigations could adjudications. Only 22 percent of all ◆ Perform a statistical analysis of juvenile be improved. juvenile firearm offenders have no firearm offenses for the previous 3 years for comparison with the first grant year. Trends and In April 1999, the city of Seattle and King Characteristics of Figure 2: Age of Juvenile Firearm County received additional funding under Offenders (King County, OJJDP’s Juvenile Accountability Incentive Juvenile Firearm WA, January 1994– Block Grants (JAIBG) program. The pros- Offenses in King May 1997) ecutor employed under this grant will con- County, WA tinue and expand upon the programs imple- 225 mented during the initial COPS grant, work Through his examination of 840 King 200 County juvenile firearm cases from January with the recently formed King County Vio- 175 lent Firearms Crime Coalition to conduct 1994 through May 1997, the DPA was able training seminars for law enforcement offi- to examine the trends and characteristics 150 2 cers within the county, and coordinate in- of juvenile firearm offenses. 125 vestigation and prosecution efforts with ◆ What Are the Characteristics of 100 the U.S. Department of the Treasury Bu- Juvenile Firearm Offenders? 75 reau of Alcohol, Tobacco and Firearms and ❖ Juvenile court handles cases involv- Number of Cases 50 the U.S. Attorney’s Office. ing juveniles ages 8 to 17. Juvenile firearm offenders are generally 25 0 Juvenile Firearm 11 12 13 14 15 16 17 Age Database 2 To put the number of juvenile firearm cases in per- The prosecutor’s office creates a case file spective, the population of King County, WA, was ap- Female Male for each delinquency case filed in juvenile proximately 1.6 million people in 1996. court. The case file contains a copy of the

3 record of any prior delinquent ac- how juveniles acquired guns. Data on tivity (see figure 3). the cases where the source of the fire- Figure 4: Types of Firearms Used ❖ Juveniles who commit robberies arm is known revealed the following: by Juvenile Offenders with firearms tend to have lengthier ❖ The firearm was stolen by the user (King County, WA, 564 delinquency histories than juveniles or later confirmed as stolen by some- Incidents, January who commit other types of firearm one else in 39 percent of the cases. 1994–May 1997) offenses. ❖ The firearm was obtained from a Derringer ❖ The average juvenile firearm offend- friend or relative in 42 percent of Rifle 1.6% er’s delinquency history includes the cases. Juveniles often receive 8.9% 9* one prior felony-level adjudication, firearms from their friends, usually Shotgun 50* one-and-a-half prior misdemeanor- at their school or home. It is also 9.6% level adjudications, and four other common for juveniles to take their 54* prior juvenile court referrals. parents’ guns and bring them to Revolver ❖ school, give them to other juveniles, 314* Only 12 percent of juvenile firearm 24.3% offenders have had a prior adjudica- or use them in violent crimes. Juve- 137* tion or referral for a firearm-related niles often say they needed to take offense. the gun for “protection.” ❖ ◆ When Do Firearm Crimes Occur? The firearm was purchased by the Semiautomatic 55.7% juvenile in only 15 percent of the *Number of incidents. ❖ The rate of juvenile gun crime is cases. Typically, a juvenile purchaser generally higher during the school admits buying the gun on the street Note: Percentages do not total 100 because months, declining slightly in the sum- from an unidentified person for be- of rounding. mer, and falling sharply in December. tween $50 and $100. These results follow general trends in ❖ juvenile crime in King County. The firearm was claimed to have Prosecution of been “found” by the juvenile in ❖ The number of juvenile offenses in- 4 percent of the cases. Juvenile Firearm volving firearms peaks in the late ◆ Offenders evening (10 p.m.). Another smaller How Are Firearms Used by Juvenile peak in firearm activity is seen in Offenders? As is the case with most offender popula- the afternoon (2 p.m.), mostly in ❖ When committing a robbery using a tions, among juvenile offenders a small connection with burglaries. firearm, juvenile offenders rarely number of serious, violent, and chronic fire their guns (8 percent of all inci- offenders commit the majority of serious ◆ Where Do Juvenile Offenders Get juvenile crime (Howell, 1995). Through a Their Guns? dents). The gun is primarily used for intimidation. joint planning effort of the Tracking and For the majority of firearm offenses Prosecuting Chronic Youthful Offenders ❖ examined, it is not known where or In felony assault cases involving a component of the YHVI grant, SPD and firearm, the weapon was fired by the King County Prosecutor’s Office represen- juvenile in 63 percent of the cases tatives agreed that a top priority for both and injury resulted in 43 percent of agencies was getting the most serious ju- Figure 3: Delinquency History those cases. (A felony assault with a venile firearm offenders “off the street.” of Juvenile Firearm firearm may occur when the offender points a gun at the victim, whether The grant allowed the DPA to specialize in Offenders (King the prosecution of juvenile firearm offend- County, WA, 820 Cases, or not any shots were fired or any injury resulted.) ers. He could carry an overall reduced January 1994–May 1997) workload, allowing him to focus on serious ❖ Seventy-four percent of all guns cases, develop expertise, and gather exten- recovered from juvenile offenders Misdemeanor sive and detailed information on juvenile offense referrals were found to be loaded. Of the juve- offenders to assist him in preparing and Felony 8.4% niles who possessed unloaded guns, presenting his cases. Because of this exper- adjudication Felony 69* one-third also possessed ammunition tise, the DPA was able to make quicker deci- offense 37.6% 94* for the gun. sions, could expedite the filing of cases, and referrals 11.5% 308* ◆ What Types of Firearms Are Used by had more knowledge of “how the system Juvenile Offenders? works,” what to look for in cases, and how 170* ❖ cases would be viewed by the courts. Misdemeanor Semiautomatic handguns are the weapon of choice for most juveniles adjudication Vertical Prosecution 20.7% 179* and are involved in more than half of all juvenile firearm offenses (see In “vertical” prosecution, a single prosecu- No prior history figure 4). tor handles each case through every stage 21.8% ❖ of the court process, including the initial Most juvenile firearm offenses are police investigation and followup, case committed with handguns, with *Number of cases. filing, and detention hearings, only 18 percent involving shotguns pretrial hearings, guilty pleas, adjudicatory or rifles. hearings, and dispositional hearings.

4 Vertical prosecution, which is labor inten- and detectives were instructed on the spe- sive and time consuming, is not the tradi- cific information needed for the prosecutor Figure 5: Average Number of tional practice in the King County juvenile to file a successful case. They also were Days To File a Case division, where specialized units handle given suggestions to improve their investi- (King County, WA, the various phases of each juvenile case as gation and report writing. For example, the it is processed through the court system. prosecutor explained the importance of January 1994–May 1997) The DPA practiced vertical prosecution for addressing issues of gun operability, fire- 55 53 arm possession, and the age of offender 50 juvenile firearm cases, handling and super- 50 in incident reports because this informa- 47 vising a case from the time it was first re- 45 ceived until it was resolved. In cases in- tion was vital to presenting a strong case. 40 volving serious violent offenses, the DPA Simply having the officer ask the offender would often accompany the assigned de- his or her age repeatedly (before and after 35 Miranda warnings and during booking) and 30 tective to the crime scene during the in- File a Case To ys vestigation process. Each of these cases including the information in the report can 25 make a significant difference because the 20 was successfully adjudicated. During the 17 grant period, approximately 25 firearm- offender’s age is an element of the crime of unlawful possession of a firearm and can 15 related cases were filed each month, includ- 10 ing felony-level possession, burglary, and sometimes be difficult to establish. Immedi- 5 violent crimes. ately following the training sessions, the DPA saw a dramatic improvement in the 0 Vertical prosecution resulted in greater quality of cases submitted by SPD. These 1994 1995 Jan. 1996– Sep. 1996– Aug. 1996 May 1997 continuity and consistency in prosecu- improvements led to a 50-percent reduction (Before (During Average Number of Da Average tion. The DPA reviewed prior juvenile fire- in the dismissal rate for firearm cases be- grant) grant) arm cases that went to but did not cause fewer cases were found to have legal Year result in an adjudication of delinquency or factual problems. to identify the problems and issues in- volved in their prosecution. He conducted Many juvenile firearm cases involve weapons found in vehicles (see figure 1). legal research and wrote trial briefs to resulted in the filing of stronger and more When more than one juvenile occupies address the specific legal issues involved complete cases and a reduction in the num- the vehicle, questions arise about who, in firearm crimes. ber of cases that needed to be reevaluated, if anyone, may be charged with unlawful be dismissed, or have their charges re- The additional emphasis the prosecutor possession of the firearm. The DPA re- duced in plea negotiations. placed on prosecuting juvenile firearm searched the legal issues related to the offenders had a direct impact on how these possession and constructive possession cases were handled by juvenile court of firearms and passed this information Summary of Project judges and probation officers. The DPA along to SPD during training sessions. Successes worked to educate judges and probation As a result, clear standards were formu- officers about the legal issues related to, lated for charging decisions. Under certain The DPA helped to ensure that juvenile fire- and the serious nature of, firearm offenses circumstances, for example, it is possible arm offenders in King County were held and offenders. As a result, probation offi- to charge more than one juvenile for pos- fully accountable for their crimes. In cases cers were more likely to join in the prosecu- session of a single firearm. where the juvenile is charged with a serious tor’s recommendations to the court. If the violent firearm offense, has an extensive juvenile had any prior involvement with The training sessions also provided a valu- offender history, and has exhausted all of firearms, the DPA, because of his access to able link between SPD personnel and the the rehabilitative resources of the juve- and knowledge of the offender’s history, prosecutor, opening a channel of communi- nile justice system, the prosecuting attor- was able to provide a more comprehen- cation that was used extensively by both ney may bring a motion asking the court sive report of such activities to the court. sides. The DPA offered himself as a legal to waive juvenile jurisdiction and transfer Consequently, the courts were more recep- resource on firearm-related issues and typi- the case to (adult) criminal court. The pros- tive to the DPA’s arguments and recommen- cally received 10 to 20 calls per week from ecutor has the burden of proving that trans- dations, and judges’ rulings on firearm- officers and detectives with questions. ferring jurisdiction is in the best interests of related issues became more consistent. In the 3 years preceding the grant, long de- either the juvenile or the community. These lays in filing a case would often occur be- motions are brought against only the most Sharing of Expertise cause cases needed to be returned to the serious and dangerous offenders. The stan- Through Training police agency for more information. After dard of proof is very high, and juvenile the training session, police reports im- courts transfer only a handful of cases each The Seattle Police Department and the DPA year. During the grant period, the DPA was agreed that the prosecutor should imple- proved and fewer cases needed to be sent back for more information. When more in a unique position to identify, assess, and ment a training program for SPD officers prepare those cases that were better suited and detectives to improve the quality of information was required, the DPA knew who to call to obtain the followup quickly. for the criminal court. As a result, more cases they submitted for prosecution. In cases involving serious, violent, and chron- December 1996, the DPA conducted 32 As a result, the average time needed to file a case was reduced from 53 to 17 days, ic juvenile firearm offenders were trans- rollcall training sessions for SPD officers on ferred for criminal prosecution. all watches at each of Seattle’s 4 precincts. and filing backlogs were eliminated (see figure 5). The increased coordination The DPA also provided special training for Each juvenile offense carries a standard gang unit and juvenile detectives. Officers between the DPA and SPD detectives range of detention time. This range is

5 based upon the seriousness of the of- ◆ More juveniles were detained at their fense and the juvenile’s offense history. first appearance hearing, an increase Figure 6: Adjudication Rates at Usually, the court is required to enter a from 83 percent to 94 percent. Trial (King County, WA, disposition within the standard range. ◆ The pretrial dismissal rate was reduced 77 Cases, January However, in certain cases, the standard by one-half. range may be insufficient to appropri- 1996–May 1997) ◆ ately address the juvenile’s rehabilita- The length of time needed to adjudicate Jan. 1996–Aug. 1996 tive needs and/or provide for adequate gun cases was reduced. (Before grant) accountability. If certain statutory aggra- ◆ Successful adjudication rates at trial Not guilty vating factors are present (e.g., the of- increased from 65 percent to 78 percent at trial Found guilty at trial fense was committed in an especially (see figure 6). 34.6% heinous, cruel, or depraved manner; the 65.4% 9* juvenile inflicted serious bodily injury to Stronger cases and an improved filing policy meant fewer cases were reduced during plea another; the juvenile has recent criminal 17* history or has failed to comply with the negotiations. With fewer plea offers being terms of community supervision), the made, defense attorneys were more likely to prosecutor may bring a motion asking set the cases for trial. During the grant pe- the court to impose an exceptional sen- riod, the number of firearm cases that went tence above the standard range. During to trial doubled. Due to the training and Sep. 1996–May 1997 (During grant) the grant period, the DPA developed an research efforts of the DPA, those cases indepth knowledge of juvenile firearm that went to trial were better prepared. As Not guilty offenders, their offense histories, and a result, the dismissal rate went down, the at trial the specific facts of each and every fire- adjudication rate went up (the adjudication 21.6% arm case. Therefore, the DPA was able to rate at trial rose by 13 percent, with four out 11* accurately identify those cases where of five trials ending in a guilty verdict), and the standard range was inadequate and the number of transferred cases increased, was able to more effectively argue in resulting in a record number of successfully 40* favor of exceptional sentences. Conse- adjudicated cases. quently, the number of exceptional sen- Found guilty tences imposed during the grant period Examples of Firearm at trial increased, resulting in additional time 78.4% for the rehabilitation of the more serious Cases and chronic offenders. More than half of all felony firearm cases in King County, WA, that go to trial involve *Number of cases. The DPA also improved the efficiency and simple possession of a gun. Possession of effectiveness of prosecution efforts. The a firearm may be actual or constructive. additional emphasis on the prosecution Case 2: C.W., 16 years old. C.W. was seen Constructive possession cases are some of firearm offenders influenced the way by police inside a parked vehicle. C.W. got of the most challenging to prosecute. Con- police agencies, the courts, and the proba- out of the car, locked the door, and walked structive possession occurs when the fire- tion department handled these juveniles. away. Officers approached the car and saw arm is not on the juvenile’s person, but Through the collaborative efforts of the a handgun in plain view on the driver’s the juvenile has dominion and control over DPA and the Seattle Police Department, floorboard. C.W. was detained, and the car the firearm or the premises where the fire- significant improvements were made in keys were found on his person. C.W. de- arm is found. of dominion and virtually every aspect of the prosecution nied any knowledge of the gun. The court control includes the juvenile’s proximity of juvenile firearm offenders, including found C.W. guilty of the illegal possession to the firearm, his or her ownership or con- the following: of a firearm based on the State’s construc- trol of the premises where the firearm is tive possession argument. ◆ Communication improved between the found (e.g., the juvenile is the driver of the prosecutor, police, judges, and proba- car in which a gun is found), or the juve- Another common juvenile firearm sce- tion officers. nile’s present ability to gain actual posses- nario is the “accidental shooting” case. ◆ Police investigation and incident re- sion of the firearm. Case 3: T.W., 15 years old. T.W. brought a port quality improved, resulting in a Case 1: W.M., 17 years old. W.M. was driv- gun to school and showed it to his friends. higher adjudication rate for firearm ing a car with an adult in the front passen- On their way home from school through cases. ger seat. Police stopped the car for a traf- the woods, T.W. and his friends were ap- proached by a 10-year-old boy. T.W. showed ◆ Delinquency charges and cases against fic infraction and recovered a gun from the the gun to the boy and demonstrated how juvenile offenders were filed faster. glove compartment. The adult admitted that the gun was his and pled guilty to to load and unload the magazine. The boy ◆ More cases where the juvenile was being a felon in possession of a firearm. said he did not believe it was a real gun, detained were successfully “rush” filed W.M. was charged with possession of the so T.W. pointed it at the boy to scare him. (i.e., an incustody case was filed within same firearm because he was the driver of The magazine was not in the gun, and T.W. 72 hours), an increase from 86 percent the car and was therefore in constructive thought it was unloaded, but there was still to 91 percent. possession of the firearm. The court found a round in the chamber. T.W. pulled the trig- ◆ Filing backlogs were eliminated. W.M. guilty as charged. ger and shot the boy in the shoulder. T.W.

6 was convicted of second-degree felony to create a half-time prosecutor position offenses studied under Seattle’s YHVI assault (i.e., intentional assault that reck- to perform the law enforcement liaison grant, contact OJJDP’s Juvenile Justice lessly inflicts substantial bodily harm). and prosecutor functions of the YHVI Clearinghouse at 800–638–8736 (phone), Case 4: J.S., 17 years old. J.S. and his grant position. [email protected] (e-mail), 17-year-old friend Tim bought a semiau- www.ojjdp.ncjrs.org (Internet). tomatic Uzi from their 18-year-old friend, Conclusion stole some ammunition from a local gun The strategies outlined in this Bulletin References shop, and went to a quarry to practice have proved highly effective in improving Howell, J.C., ed. 1995. Guide for Implement- firing the gun. Some time later, J.S. and the prosecution of juvenile offenders. Al- ing the Comprehensive Strategy for Serious, Tim decided to steal a car, and they took though this project focused exclusively on Violent, and Chronic Juvenile Offenders. the Uzi along “for protection.” Tim was firearm cases, the basic framework and Washington, DC: U.S. Department of Justice, under the dashboard trying to hot wire methodology can also easily be applied to Office of Justice Programs, Office of Juve- the car and J.S. was holding a flashlight other types of crimes. nile Justice and Delinquency Prevention. and the Uzi when the Uzi “accidentally” went off. Tim was shot in the head and ◆ Assign a prosecutor to specialize in a Kann, L., Warrem, C.W., Harris, W.A., killed. J.S. pled guilty to first-degree man- particular type of case (e.g., firearms, Collins, J.L., Williams, B.I., Ross, J.G., and slaughter (i.e., recklessly causing death). drugs, domestic violence, etc.). Kolbe, L.J. 1996. Youth Risk Behavior Sur- ◆ Develop a case management system to veillance, 1995. Atlanta, GA: Centers for Lessons Learned track targeted cases. Disease Control and Prevention. ◆ Identify serious and chronic offenders. Maginnis, R. 1995. Violence in the School- About Prosecution and house: A Ten-Year Update. Washington, DC: Police Partnering ◆ Identify problems with and areas of Family Research Council. Retrieved Sep- weakness in prior cases. The experience of the King County Prose- tember 30, 1999, from the Family Re- cutor’s Office and the Seattle Police Depart- ◆ Practice vertical prosecution. search Council World Wide Web site: www.frc.org/insight/is94e5cr.html. ment during the grant period produced ◆ Conduct research and prepare “stock” useful information about interagency briefs for recurring legal arguments. National Center for Injury Prevention and partnering. Control. 1996. National Summary of Injury ◆ Conduct training sessions for law Mortality Data, 1987–1994. Atlanta, GA: ◆ Collaboration among agencies can take enforcement officers and fellow Centers for Disease Control and Preven- time and persistence, especially when prosecutors. the partnership is new. Working out pro- tion, National Center for Injury Prevention ◆ gram issues and details among agencies Coordinate the handling of targeted and Control. cases between law enforcement agen- and including all the appropriate players National Criminal Justice Association. 1997. cies and the prosecutor’s office. can be a complicated process, even Juvenile Justice Reform Initiatives in the when agencies have agreed to collabo- While additional funding and staff will States: 1994–1996. Program Report. Wash- rate on a new program. speed up the implementation process, ington, DC: U.S. Department of Justice, Of- ◆ Selecting a prosecutor who has real many of these improvements can be made fice of Justice Programs, Office of Juvenile interest in and enthusiasm for the par- by simply reallocating and restructuring Justice and Delinquency Prevention. existing resources. The two key ingredients ticular project is essential. Office of Juvenile Justice and Delinquency are specialization and close partnerships Prevention. 1999. Promising Strategies To ◆ Flexibility is important. SPD adjusted its with law enforcement. program to fit the talents and skills of Reduce Gun Violence. Report. Washington, the prosecutor chosen for the project, DC: U.S. Department of Justice, Office of and the prosecutor’s office allowed For Further Information Justice Programs, Office of Juvenile Justice him the freedom to work with SPD to Bob Scales can be reached at the King and Delinquency Prevention. refine the program to best meet the County Prosecutor’s Office, 206–296–9025 Snyder, H.N., and Sickmund, M. 1999. Juve- goals of the grant. (main), 206–296–8880 (direct), 206–296– nile Offenders and Victims: 1999 National ◆ All agencies in a partnership benefit. 8869 (fax), [email protected] Report. Washington, DC: U.S. Department Improving communication between the (e-mail). Julie Baker can be reached at of Justice, Office of Justice Programs, Of- police and prosecutor had a big payoff the Seattle Police Department Community fice of Juvenile Justice and Delinquency in the creation of stronger cases. & Information Services Bureau, 206–233– Prevention. 5133 (phone), [email protected] ◆ U.S. Department of Education. 1998. Annual A new program does not have to be (e-mail). costly. The Seattle YHVI program in- Report on School Safety. Washington, DC: cluded a database component. Another Figures in this Bulletin are adapted from U.S. Department of Education. agency interested in starting a similar the authors’ YHVI report, An Analysis of Weapon-carrying among high school program could use the database infor- the Prosecution of Juvenile Firearm Offenses. students—United States, 1990. 1991. mation from this pilot project to guide For a complete copy of the report, which Morbidity and Mortality Weekly Report 40: the creation of its own program without includes comprehensive demographic, 681–684. duplicating the database component of geographic, and statistical information the grant. An agency could restructure about the juvenile firearm offenders and

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Bulletin NCJ 178901

Acknowledgments Share With Your Colleagues Bob Scales is a Deputy Prosecuting Attorney with the King County Prosecutor’s Office. He is currently assigned to the Juvenile Division as the prosecutor funded Unless otherwise noted, OJJDP under OJJDP’s JAIBG program, and he has been designated as a Special Assis- publications are not copyright tant U.S. Attorney to handle selected firearm cases in Federal Court. He is also protected. We encourage you to working with the American Prosecutors Research Institute, an OJJDP grantee, to reproduce this document, share it with present information about this project to prosecutors from other jurisdictions. Julie your colleagues, and reprint it in your Baker is Senior Grants and Contracts Specialist in the Research & Grants Section newsletter or journal. However, if you of the SPD Community & Information Services Bureau. She was coauthor of reprint, please cite OJJDP and the Seattle’s YHVI grant proposal and project manager of the Seattle YHVI grant. Tom authors of this Bulletin. We are also Cullen, a senior writer/editor at OJJDP’s Juvenile Justice Clearinghouse, assisted interested in your feedback, such as the authors in editing and revising this Bulletin for publication. This Bulletin was how you received a copy, how you prepared with materials developed under grant number 95–CN–WX–0013 from intend to use the information, and how the Office of Community Oriented Policing Services, U.S. Department of Justice. OJJDP materials meet your individual or agency needs. Please direct your comments and questions to: Points of view or opinions expressed in this The Office of Juvenile Justice and Delin- Juvenile Justice Clearinghouse document are those of the authors and do not quency Prevention is a component of the Of- Publication Reprint/Feedback necessarily represent the official position or fice of Justice Programs, which also includes P.O. Box 6000 policies of OJJDP or the U.S. Department of the Bureau of Justice Assistance, the Bureau Rockville, MD 20849–6000 Justice. of Justice Statistics, the National Institute of 800–638–8736 Justice, and the Office for Victims of Crime. 301–519–5212 (fax) E-Mail: [email protected]