"But even if Richardson succeeds in convicting Bustamante of first-degree murder, it's still possible she will end up in the care of the state Division of Youth Services.
That's because Missouri is one of 22 states to have what is called a "dual jurisdiction" system. Under state law, if Bustamante was found guilty, a judge could consider keeping her under the care of the juvenile system — which is heavy on rehabilitation — until she is 21. At that point, another hearing would be held to determine if she was ready to be released, or sent to adult prison for the remainder of her sentence.
The "Missouri Model" is praised around the nation because its emphasis on community-based rehabilitation has produced very low recidivism rates, even among the violent criminals — most of them boys — sentenced through the juvenile system.
It's a system that works, says Harvard University professor Julie Boatright Wilson, because it balances therapy with the rights of victims and concerns about keeping the community safe.
Wilson, who last year was part of a review of Missouri's juvenile justice system that earned the prestigious Annie E. Casey Innovations Award, said that programs that focus on rehabilitation for juveniles work because those who make it through the program don't repeat their crimes.
Of the 46 juveniles who have completed the state's rehabilitation program as part of a dual jurisdiction sentence, only 10 have ended up going back to prison, said Heberle. That's nearly an 80 percent success rate, which is much higher than traditional corrections programs."
