Archive for Juvenile Justice

Recipe for a Dark Future: Kids in Solitary Confinement

Door to SolitaryAmy Fettig of the National Prison Project and Matt Simpson, of the Texas ACLU have tackled a rough topic- one to which advocates for juvenile justice should pay heed — the plight of juveniles in solitary confinement.

16 and Solitary: Texas Jails Isolate Children is their examination of this problem, and I would venture to call it required reading. Using data from a recent report,  Conditions for Certified Juveniles in Texas County Jails, by researchers at the Lyndon B. Johnson School of Public Affairs at the University of Texas, they provide even more ammunition in the battle to get our juveniles out of adult prisons.

Here is one key passage that I believe provides a good summation:

While in solitary confinement, children’s mental and physical health is severely compromised. The LBJ report notes the broad consensus among mental health experts that such long-term solitary confinement is psychologically harmful for adults. For children in solitary confinement, the impact is even more traumatic. Children experience time differently than adults, have a special need for social stimulation, and are damaged by forced isolation more quickly and severely than adults. It is also true that young people’s brains are still developing, which places youth at a higher risk of psychological harm when healthy development is impeded. But the psychological harm is not limited to developmental issues — it often means life or death. As the report notes, the risk of suicide and self-harm, including cutting and other acts of self-mutilation, increases exponentially for children in adult jails who are 36 times more likely to commit suicide than their counterparts in juvenile facilities.

Lives are quite literally on the line here. The difference between juvenile and adult psychology is thrown into stark relief when you look at the impact solitary confinement has on each. But that’s not all. In addition to the hazards these practices pose to the incarcerated, they also hold a dim outlook for those outside the prison bars.

Reviewing the data, the LBJ report notes ‘the impact of prolonged isolation may have mental health consequences that will make it difficult for these youth to reintegrate, and may increase the likelihood that they will recidivate.’ Solitary confinement hurts children and ultimately undermines public safety.

Once more it all comes down to foundations laid in childhood. Even though the rationale often presented is that the kids are put in solitary to protect them from the adult prison population (something that does need to occur), doing so simply damages them in other ways.

Children do not belong in adult facilities. As a matter of fact the vast majority would be better served by community programs, substance abuse / mental health aid, and other rehabilitation-oriented approaches. This is a fact proved over and over again by studies from both sides of the political aisle.

As publishers we have tried to address these issues both through our most recent book, Born, Not Raised, and through the news round-ups we present on this blog. We can only hope that by helping to put a human face on the kids behind bars we can mobilize people to make effective, and fiscally sensible, change.

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Talking about the Juvenile Detention Alternative Initiative (JDAI)

Bart Lubow, Director of Juvenile Justice Strategy for the Annie E. Casey Foundation talks about the Juvenile Detention Alternative Initiative (JDAI) at an April 2012 conference in Houston dedicated to the topic. JDAI is currently the the most widely replicated juvenile justice system reform project in the nation, with initiatives in 38 states.

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Racism in Memphis: Shelby County Juvenile System on the Hot Seat

Say No To Racism Vector StickerThe Memphis’ juvenile jail has been found decidedly wanting in a recent federal investigation.  According to it’s findings, there have been problems at the Shelby County Juvenile Court for years, mainly concerned with overly harsh discipline, inadequate protection of the incarcerated, and a strong dose of racism in the way that the inmates are treated. 

Thomas Perez, head of the DOJ’s Civil Rights Division in Washington, reported Thursday that both his attorneys and outside consultants found “systemic civil-rights violations as well as patterns of discrimination against black youths, who are more likely to be detained, to receive tougher punishments and to end up in the adult system.”

Beth Warren at The Commercial Appeal gives us a bit more detail on the DOJ findings:

Detention officers have used restraint chairs to strap down juveniles and pressure-point control tactics, such as bending a youth’s wrist backward to induce pain, according to a three-year investigation by the U.S. Department of Justice. Both, as practiced in Memphis, are unconstitutional, according to the report by the DOJ’s Civil Rights Division.

The report also found dangers in the physical layout of the jail, such as its two-level design with a balcony.

‘There is no systematic suicide-proofing of the building, no education to detention staff regarding necessary precautions and no plans to correct these risks,’ according to the report.

These issues are of grave concern, but even worse is the widespread racism endemic in the justice system. Unlike the situation inside the facility, the racist component begins on the streets. Just look at the arrest findings (via WREG TV, Memphis)

Black juveniles who were arrested in Memphis and surrounding Shelby County were twice as likely as whites to be detained in jail and twice as likely to be recommended for transfer to adult court, where a conviction generally brings harsher punishment, Perez said.

As is established in numerous reports over recent years, when you put juveniles into adult facilities the recidivism rate spikes. In other words, a much larger percentage of them are arrested again after release. The simple fact is that placing youth in facilities with adult offenders creates a training ground for criminals.

Perez has publicly stated that the goal is not to place blame, but to find a way to fix the problem. We will be keeping an eye on Shelby County and will let you know how well he does.

Image by Vector Portal, used under its Creative Commons license

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News Roundup: Juvenile Justice

Prison BarsFirst of all we would like to thank everyone who made our signing at Warwick’s Books such a success! It means a lot to see what we do inspiring such a reaction. Thank you all!

There seems to be a lot going on this week, and juvenile justice is taking the lead in news stories everywhere. Today, rather than focus on just one story, we would like to present a survey of the current top stories.

First stop, West Virginia. 

The state’s juvenile justice system will soon be examined by a court-hired monitor, due to worries that it focuses more on punishment than rehabilitation. This is an approach that is both more expensive and less effective over time.

State Supreme Court administrative director Steve Canterbury is quoted in The Charleston Daily Mail as making a vital point on the subject:

‘I know that many citizens get very frustrated and they have the misconception that ‘rehabilitation’ means ‘mollycoddling,’ but real rehabilitation programming is stringent and demanding and at the end of the day that investment pays off in dividends because you don’t have to keep paying for the continued recidivisms of juveniles who have not been rehabilitated,’ he said.

Orlando, Florida. 

In a move forward, Orlando is implementing a new program that allows cops on the street to write a ticket for many juvenile infractions that before now would have resulted in time behind bars. Geared toward “slightly troubled kids,” the option is only available to first-time offenders. Even so, the projected cost savings are sizable.

WFTV notes some of the details in their coverage of the story:

The civil citation will require things like restitution, community service and courses to correct juvenile behavior.  These are much cheaper than tying up the court system, according to officials.

‘We see many, many children mess up and many of them don’t need to go deeper into the juvie justice system,’ said Secretary Wansley Walters of the Florida Department of Juvenile Justice.

Texas

The Lone Star State has taken some good strides towards a better system of juvenile justice in recent years, so it is a fitting place for nearly 700 of the nation’s top juvenile-justice reformers to gather. Such is the case this week, as some of the most engaged minds on this topic meet in Houston to share their strategies for reducing the number of troubled youths who end up incarcerated.

Bart Lubow, director of the Juvenile Justice Strategy Group at the Annie E. Casey Foundation, which is hosting the Houston gathering, says just locking kids up mostly doesn’t work.

‘Our reliance on incarceration is a failed policy. It doesn’t work for the kids; it doesn’t work for public safety; it doesn’t work for taxpayers, because it’s enormously expensive.’

New York

While advocates gather in Texas, New York is the site of a two-day conference for journalists, hosted on the campus of The John Jay College of Criminal Justice’s Center on Media, Crime and Justice. The Juvenile Justice Information Exchange is blogging it, and I highly advise checking out their coverage. Here is a little of what to expect:

While the conference, Kids Behind Bars, Where’s the Justice in America’s Juvenile Justice System?, is primarily meant for journalists, many of the topics will be of interest not only to those in the field, but the general public as well.

Speakers on Monday include: Mark Soler, executive director of the Center for Children’s Law & Policy; Vincent Schiraldi, commissioner of New York City’s Department of Probation; Ricardo Martinez, co-director, Padres & Jovenes Unidos and David Utter, director of policy, the Florida office of the Southern Poverty Law Center.

Also of note: The Crime Report is also blogging the event, if you’d like a different perspective.

California

As all know, there has been a lot of furor in The Golden State about the closure of a number of facilities dedicated to housing juvenile offenders. KALW public radio has today’s “must read,” article on the subject – an interview with one of the state’s most noted juvenile justice reformers:

Only three of California’s state facilities still remain open, holding a total of about 800 to 900 youth, and soon the state will hand down responsibility of juvenile offenders to counties. But [Barry] Krisberg, the Director of the of Research and Policy at the Chief Justice Earl Warren Institute at UC Berkeley’s School of Law, isn’t so sure that this realignment is the wisest decision. Turnstyle sat down with him to discuss the coming changes to California’s juvenile justice system and what they will mean for both the state of California and its counties.

So there you go, some of the top news on the subject of juvenile justice this week. I’m sure that as budgetary constraints get tighter and election season ramps up we will be seeing a lot more stories on the subject. We can only hope that the legislators of our nation remember that it truly is more expensive to do nothing!

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House Proposes 50% Cut in Juvenile Justice Spending

moneyState and local juvenile justice programs are looking at some very deep cuts in their federally based funding. The Congressional rampage to cut federal “discretionary” spending is lurching their way with a proposal that should unsettle anyone who is concerned with the fate of our country’s youth.

On the national level, Justice Department programs are funded by money appropriated by a single House committee, currently controlled by Republicans.

That committee has just submitted it’s financial proposals for the new fiscal year which starts on October first. In that proposal money dedicated to juvenile justice is reduces from $424 million in 2010 to $209 million, a slashing cut of more than fifty percent.

Ted Gest of the Juvenile Justice Information Exchange takes a closer look at the declining reosurces:

Federal aid for juvenile justice already had fallen more than 50 percent to its lowest level in more than a decade, says the Coalition for Juvenile Justice, which represents state advisory committees in Washington, D.C. The coalition is asking Congress for $80 million for “formula grants” that helps states comply with mandates in a key 1974 juvenile crime law, such as separating juvenile and adult defendants in jail and keeping minor offenders out of custody.

If you doubt the importance of keeping juveniles out of adult facilities, please look through the blog. It has been a constant refrain for us, as it is one of the biggest factors encouraging recidivism.

House appropriators, rather than adding funds for those purposes, would cut them to $33 million.

Continuing such cuts may raise questions about whether states will continue to abide by the federal requirements, with relatively little money at stake, as some states have done regarding the federal sex offender registration law.

This is really the big issue here. While progress has been being made in some states, a drastic reduction in federal funds could put those forward strides in jeopardy. As Gest noted above there is already a precedent for that sort of reaction, a fact that should give chills to any juvenile justice advocate.

Brace yourselves; the fight is about to get harder.

If you find yourself in the La Jolla area on Saturday, come out and meet Susan Madden Lankford, author of Born, Not Raised, at Warwicks. She will be holding a book signing from noon ’till 2 PM [details here].

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The Lens: A Panel and Discussion on Juvenile Justice

On March 22, 2012 at the Ashe Cultural Arts Center of New Orleans a very interesting panel took place.

The Lens convened a panel of five criminal and juvenile criminal justice experts from the New Orleans area to address issues surrounding the new French Quarter Curfew, LGBTQ youth issues in juvenile facilities, the rebuilding of the Youth Studies Center, and the school-to-prison pipeline. (While the discussion is focused on New Orleans, many of the topics covered are relevant to communities everywhere.)

The experts on the panel included:

Here is the full panel. Please note that the video begins after panel introduction.

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Southern Poverty Law Center sues Polk County Sheriff for abusive conditions

SPLC_LogoPolk County Sheriff Grady Judd is on the hot seat facing accusations that children held in his county’s adult jail have been consistently subjected to abuse, neglect and violence.

The Southern Poverty Law Center (SLPC) filed a class action lawsuit against Judd (Case Number 8:12-cv-00568-SDM-MAP, filed in the United States District Court Middle District of Florida/ Tampa Division) that describes brutal treatment and condition in the jail. Among the disturbing allegations are incidents such as:

  • Draconian punishment for even minor infractions of the rules. One example cited was spraying them with harsh chemicals for taking too long to get dressed.
  • Incidents of both physical and verbal abuse by guards. One noted example was a a guard twisting a teenager’s arm behind his back and threatening to break it.
  • Failure to provide adequate educational services.
  • Failure to provide adequate rehabilitative services.

That is an amazing array of negatives, particularly since the facility has only been housing children for six months, since October of 2011. Why are they doing so? Because of SB 2112, passed by Florida lawmakers last Spring. SB 2112 allows counties to place children as young as eight years old in adult jails, and they have.

Three quarters of the the youth arrested in Polk Country are brought in for minor infractions – misdemeanors and probation violations mostly – yet over 100 children are incarcerated there under the supervision of guards that have no expertise or training on how to work with children.

So far Polk is the only county in Florida that detains youth charged as juveniles under adult jail standards rather than Department of Juvenile Justice (DJJ) standards. The situation there reflects the damage that SB 2112 has done in basically reversing over 40 years of work creating protections for children that adult jails cannot provide.

It’s almost as though Sheriff Judd wants to breed more crime and criminals, a view the SPLC website seems to agree with me on:

Decades of research shows that exposing children to adult jails leads to more crime, not less. Based on this research, states around the country have passed legislation prohibiting the placement of children in adult jails. Florida legislators bucked this promising trend when they passed a law that could funnel more children into adult jails throughout the state of Florida.

‘The abuse suffered by the children of Polk County should serve as a cautionary tale for counties throughout the state of Florida that are considering housing children in adult jails.’ Galloni said. ‘This lawsuit demonstrates that incarcerating children in adult jails is bad public policy that inflicts incalculable harm on children, results in negative public safety outcomes and exposes taxpayers to tremendous legal liability.’

We will be following this story closely, and will hopefully be bringing you a few interviews with some of the folks behind the SPLC lawsuit in the near future.

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The Youth Justice Leadership Institute is now accepting applications

The National Juvenile Justice Network does a lot of great work on behalf of our nation’s youth. From the excellent coverage of juvenile justice issues on their website to their online library they excel at providing great information.

Another way in which they work toward positive change is in helping to train the next generation of advocates. Since we always need more voices speaking up on the subject I’d like to point out that are now accepting applications for one of those programs, the Youth Justice Leadership Institute.

Here is their video about the program followed by information on how to get involved:

Youth Justice Leadership Institute - Apply Now!

The National Juvenile Justice Network is now accepting applications for the second year of its Youth Justice Leadership Institute! The Institute is a robust, year-long program that includes leadership development, training in juvenile justice system policies and practices, theories of change, and advocacy skills development.

Our mission is to create the foundation for a more effective juvenile justice reform movement by developing a strong base of advocates and organizers who reflect the communities most affected by juvenile justice system practices and policies, so this year, we will again focus on cultivating and supporting professionals of color.
If you are a professional of color and want to apply for the Institute, you can:

Applications are due April 23, 2012.

The Youth Justice Leadership Institute is supported by generous grants from the Public Welfare Foundation and John D. and Catherine T. MacArthur Foundation.

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Supreme Court Update: second chance for juveniles?

For those of you following the story we wrote about last week, Supreme Court to revisit life in prison for juveniles, here is a quick update via Newsy:
It is well documented fact that juveniles are biologically distinct from adults developmentally. These physiological and mental differences make it outlandish to treat them like adults when it comes to matters of crime.

While Justice Scalia may be correct in pointing out that the majority of states allow life sentencing he ignores one vital point. Just because it is, as he put it, “the will of the people” does not mean that the people have all the facts.

This is why we continue to produce works such as Born, Not Raised and It’s More Expensive to Do Nothing, to help provide both information and perspective so that we can make better decisions as a society.

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Supreme Court to Revisit Life In Prison for Juveniles

Prison cell with bed inside Alcatraz main building san francisco californiaIncarcerating juveniles for life is a uniquely American failing. The U.S. is the only nation that makes this blunder.

Most of the problem stems from the 1990′s when the histrionic term “super-predator” came into vogue among a certain vocal and excitable group. Randy Hertz of The Nation sums up that background nicely:

In the 1990s, a small group of academics capitalized on and galvanized a growing hysteria about violent crime by youths, speculating that an anticipated rise in the youth population, coupled with spurious theories about the exceptional deviance of children of color growing up poor, would lead to a new generation of ‘severely morally impoverished juvenile super-predators…capable of committing the most heinous acts of physical violence for the most trivial reasons.’ Fearing that the rehabilitation-focused juvenile justice system would be inadequate to protect society from this impending menace, lawmakers passed laws that circumvented juvenile court and sent kids to criminal court for prosecution as adults.

Our position on prosecuting kids as adults is abundantly clear. It is detrimental to the kids, to society, and to the financial bottom line. It exposes children to hardened criminals while still at a malleable stage of the development. The list of issues with that approach is long and varied.

Hertz continues with a vital note on the matter. You see, the expert recanted.

The same expert who coined the term ‘super-predator’ now acknowledges that it was nothing but a ghost story, a terrifying myth with disastrous consequences. In an amicus brief to the Supreme Court in support of Miller and Jackson, this expert—and others—note that the juvenile crime rates actually dropped from 1994 to 2000. But a relative handful of children accused of serious crimes—a grossly disproportionate number of them children of color—found themselves caught permanently in the web spun by academics and politicians, sentenced to die in prison with no hope of release no matter how they might transform and reform themselves. Once we give up on these children, many prisons compound the hopelessness by failing to provide access to educational programs.

This coming week the Supreme Court will revisit the subject. The hearing will involve two different cases, both young boys who at the age of 14 committed murder. Both cases shared another characteristic – a sentence of life in prison with no potential for parole.

The outrage was immediate among advocates, who called the sentence “brutal” for failing to recognize the difference between the actions of the immature youths and the actions of an adult.

Judge Gail Garinger, State Child Advocate for Massachusetts and former juvenile court justice, weighs in on the matter (via The New York Times):

Homicide is the worst crime, but in striking down the juvenile death penalty in 2005, the Supreme Court recognized that even in the most serious murder cases, ‘juvenile offenders cannot with reliability be classified among the worst offenders’: they are less mature, more vulnerable to peer pressure, cannot escape from dangerous environments, and their characters are still in formation. And because they remain unformed, it is impossible to assume that they will always present an unacceptable risk to public safety.

The most disturbing part of the superpredator myth is that it presupposed that certain children were hopelessly defective, perhaps genetically so. Today, few believe that criminal genes are inherited, except in the sense that parental abuse and negative home lives can leave children with little hope and limited choices.

As a former juvenile court judge, I have seen firsthand the enormous capacity of children to change and turn themselves around. The same malleability that makes them vulnerable to peer pressure also makes them promising candidates for rehabilitation.

Let us hope the good sense behind the murder decision in 2005 has a resurgence while they contemplate the current situation. The Alabama Equal Justice Initiative is arguing on behalf of the defendants, and their assertion that life in prison for juveniles constitutes cruel and unusual punishment is one that we support.

It is not that we in any way condone the actions, the loss of human life is horrible no matter the circumstances. The simple fact is that young people and adults have a number of purely biological differences. Brain imaging studies have shown that the parts of the adolescent brain responsible for controlling thoughts, actions and emotions are not fully developed. For this reason alone it is imperative that we use appropriate standards for punishment as opposed to dealing with them like adults.

For more on this subject please check out our latest book- Born, Not Raised: Voices from juvenile Hall. It’s hot of the presses having only been released this last week!

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