Feds Say Florida Youth Prisons Violate The Constitution

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Florida’s youth-corrections system is so poorly administered that children are assaulted by officers, denied necessary medical care and punished harshly for minor infractions, a federal report released Friday concludes.

Conditions are so severe, the U.S. Department of Justice said, that they violate the Constitution.

So begins Carol Marbin Miller’s article in The Miami Herald last Friday about the blistering report handed down by the Justice Department’s Civil Rights Division. 28 pages that detail the horrible conditions experience by those incarcerated at Florida’s Dozier School for Boys and the Jackson Juvenile Offender Center. While both of these facilities were closed earlier this year the report states that similar conditions are likely common in other state youth prisons. The reasoning? The state’s “failed system of oversight and accountability”.

We see these stories in the news far too often. Just last July the death of Eric Perez, 18, at the Palm Beach County detention center was in the news. If any of the multiple guards and administrators who heard his pleas for medical attention had listened he might still be with us.

Suicidal youths are put in isolation. Others are discouraged from seeking medical attention, many times because what needs attention is an injury inflicted by the staff. Isolation and confinement are often used as punishment despite the fact that experts discourage it in all non-emergency situations. The list goes on and on, often involving different permutations of unneccessary or excessive force.

“These conditions return youth to the community no better — and likely less-equipped to succeed than when they were first incarcerated,” Assistant Attorney General Thomas E. Perez wrote in a Dec. 1 letter to Gov. Rick Scott, adding that such practices “erode public confidence in the juvenile justice system and interfere with the state’s efforts to reduce crime.”

While Perez’ words are strong and voice valid concerns there is no intimation that either the Justice Department or Perez himself will seek further action. That is the truly disappointing facet of this otherwise

 Image Source: Conner395 on Flickr, used under it’s Creative Commons license

 

New Study: Health Care in the Juvenile Justice System

SyringeHealth care is an issue that has been all over the news for quite some time now. Unfortunately the health care of the youthful and incarcerated has often been overlooked as Washington attempts to implement new programs for the voting masses.

Not anymore. The American Academy of Pediatrics’ Committee on Adolescence has released a policy statement, the first update in a decade to the Health Care for Youth in the Juvenile Justice System. It finds that incarcerated youth are at high-risk for health issues, physical, mental and developmental. Here is the statement’s abstract for an overview:

Youth in the juvenile correctional system are a high-risk population who, in many cases, have unmet physical, developmental, and mental health needs. Multiple studies have found that some of these health issues occur at higher rates than in the general adolescent population. Although some youth in the juvenile justice system have interfaced with health care providers in their community on a regular basis, othershave had inconsistent or nonexistent care. The health needs of these youth are commonly identified when they are admitted to a juvenile custodial facility. Pediatricians and other health care providers play an important role in the care of these youth, and continuity between the community and the correctional facility is crucial. This policy statement provides an overview of the health needs of youth in the juvenile correctional system, including existing resources and standards forcare, financing of health care within correctional facilities, and evidence-based interventions. Recommendations are provided for the provision of health care services to youth in the juvenile correctionalsystem as well as specific areas for advocacy efforts. Pediatrics 2011; 128:1219–123

According to the report nearly 11 million juveniles across the nation were arrested in 2008. Not all of them suffered detention, long or short term, but the average stay behind bars for the ones who did was 65 days as of 2006. Of those in custody, 80% remained in detention for at least 30 days and 57% for at least 90 days. All of them requiring health care of some sort. Unfortunately that health care often does not appear, and when it does it is often substandard.

Ryan Schill, a writer for the Juvenile Justice Information Exchange, shares some of the policy statement author’s views on why these changes have been enacted:

‘We wanted to advocate for these youth to have the same level and standards of care as non-incarcerated youth in the community,” the report’s lead author, Dr. Paula Braverman, Director of Community Programs at the Cincinatti Children’s Hospital Medical Center said in an email. She said the Committee on Adolescence also “outlined specific recommendations which included the training and skill of the health care providers.’

All too often health care in detention facilities is administered by people with insufficient training in the subject. She also touched on a subject that we here at HumaneExposures find to be vital:

‘We also wanted to highlight some areas for advocacy,’ she said, ‘including the need for adequate levels of funding to provide for the medical, behavioral health and educational needs of these youth.’ Equally important, she said, are intervention programs in the community ‘that address the risk and protective factors related to involvement in the juvenile justice system.’

Once more we have support for the idea that intervention, rehabilitation, and education are vital pieces to the puzzle. With such a preponderance of evidence that these tactics work there is still resistance to them. Hopefully as we see more high stature organizations like The American Academy of Pediatrics weigh in on the subject we will see the needed shift in public opinion.

Image Source: Yanivba on Flickr, used under it’s Creative Commons license

A Look at Private Prisons, You Won’t Like What You See

MoneyThe United States incarcerates 25% of the world’s prisoners, which is disturbing since we only account for 5% of the planet’s total population. It’s a number which should make you sit up and take notice.

One of the largest factors behind this statistic is the privatized prison, something that did not exist before 1984. It was in that year that the Corrections Corporation of America received a contract to operate a public jail in Hamilton County, TN, the nation’s first-ever private prison was born.

The American Civil Liberties Union just released a study examining the history of prison privatization – Banking on Bondage: Mass Incarceration and Private Prisons – which clearly demonstrates how corporate profit seeking has caused our prison populations to explode.

Rania Khalek has a brilliant condensed version of the report’s findings on AlterNet, replete with useful documentation and links. I highly advise taking a few moments to read the whole thing, it is more than worth your time. Right now we will have to settle for an excerpt concerning how this privatization impact juvenile justice:

There is no clearer example of dangers associated mixing profit-making and juvenile rehabilitation than the Walnut Grove Youth Correctional Facility (WGYCF) operated by the GEO Group in Mississippi.  WGYCF, which has been called “the deepest depths of hell,” is the nation’s largest juvenile prison. It houses 1,200 young males between the ages of 13 and 22, 67 percent of whom are incarcerated for non-violent offenses.  The facility was originally established by the Mississippi state legislature to create a safe environment for juveniles charged as adults by keeping them separate from the cruel and harsh conditions often found in adult prisons.

Unfortunately, that mission is incompatible with the priorities of the for-profit prison industry. As it turns out, conditions at WGYCF are so atrocious that the ACLU and Southern Poverty Law Center have teamed up to file a class-action lawsuit on behalf the inmates against the prison operator (GEO Group), prison administrators, and state officials.

The complaint alleges, “The for-profit entities that manage WGYCF perpetuate violence and corruption.”  More specifically, youth have been kicked and punched while handcuffed, others stripped naked and confined to solitary for weeks at a time.  Another inmate was “held hostage in his cell for almost 24 hours, brutally raped and physically assaulted after prison staff failed to heed his plea for protection.”  Another lives with permanent brain damage after suffering multiple stabbings and beatings that prison staff are described as having been complicit in.

On the other side of the political aisle similar concerns are being raised by Fox News, which looks at the statements to this effect by the corrections companies themselves:

Corrections Corporation of America (CXW), the industry leader based in Nashville, Tenn., with more than $1.7 billion in 2010 annual revenues and capacity for more than 90,000 prisoners, said a drop in tough criminal sentences means a drop in revenues. According to its 2010 annual report:

‘Demand for our facilities and services could be adversely affected by the relaxation of enforcement efforts, leniency in conviction or parole standards and sentencing practices, or through the decriminalization of certain activities that are currently proscribed by our criminal laws.’ […]

‘Any changes with respect to drugs and controlled substances or illegal immigration could affect the number of persons arrested, convicted, and sentenced, thereby potentially reducing demand for correctional facilities to house them,’ the company’s annual report said.

Boca Raton, Fla.-based GEO Group Inc. (GEO), in the industry’s No. 2 spot with nearly $1.3 billion in 2010 annual revenues and capacity for 81,000 prisoners, offers similar language in its 2010 annual report: ‘A decrease in our occupancy rates could cause a decrease in revenues and profitability.’

When Fox and AlterNet agree it’s worth paying attention. For private companies keeping the prisons filled is their financial bottom line, one that should never be allowed to trump the lives wasted within their walls. The money motive is so strong that their approach continues to remain dominant despite reams of evidence that rehabilitation is cheaper and more effective.

For these companies the safety of our streets does not even enter into the equation. It’s all about the profit margin.

Image Source: 401K on Flickr, used under it’s Creative Commons license

YouthBuild in Ohio Facing Dangerous Drop in Funding

Community Night 2009A juvenile court judge in Vinton County, Ohio recently penned a guest column in The Cincinnati Enquirer. The topic? YouthBuild.

If you are unfamiliar with the group, YouthBuild is a national youth and community development program that works with 16-24 year old, low income youths. Education is the baseline of their efforts, a vital topic in the modern day. Youngsters work toward their GEDs or high school diplomas, learn job skills while serving their communities by building affordable housing.

YouthBuild boasts 273 programs across the country. 21,000 units of affordable housing have been built since 1994 by 110,000 participants in the program. Now almost half of those programs across the U.S., 121 of them to be exact, have just lost their primary funding due to Department of Labor cuts.

Education is vital, it is one of the most important subjects on the table in modern society. Judge Grillo wrote a much needed call to arms about the direct correlation between education and quality of life:

Here in Southeastern Ohio, young people without a diploma, skills or GED have little to no hope for becoming useful adults. We have a population of young people without skills going on the dole, becoming takers rather than givers. Without an education our young people are just drifting, and as a judge, I know that society pays a high price.

I’ve seen young people who have committed serious crimes straighten themselves up through YouthBuild.

And I see young parents breaking a cycle of poverty by getting training and building a future for their families. One young woman got pregnant at 15 and struggled to stay in school after her daughter was born. She eventually dropped out and tried homeschooling, but nothing stuck until she enrolled in YouthBuild. Now 19 and head of her household, she has graduated from high school, completed nurse’s aide training and is enrolled at a state university.

While Southeastern Ohio is in a bind they are not alone. 121 Youthbuild Programs nation wide have just lost funding. Another victim of the drive to make short term savings shortchanging our future. Judge Grillo sums it up nicely:

Cutting funding for YouthBuild is short-sighted. We should be front-loading the social services system with educational opportunities and hope instead of back-loading it, only providing services when people fail and have nowhere else to turn.

Programs like YouthBuild are major weapons in the battle for juvenile justice. The combination of education and job skill training can be a potent weapon against the allure of crime. Additionally, it is far less expensive to taxpayers in the long run to focus on preventative and rehabilitative measures such as these.

It’s all about the future. Will we help the next generation realize their potential or will be allow their opportunities to recede into the distance.

As William Butler Yeats once said, “Education is not the filling of a pail, but the lighting of a fire.”

Image Source: YouthBuild Philly

Right On Crime: A Place Where Red and Blue Can Agree

right-on-crime-logoOne of the wonderful things about writing this blog is that it addresses core issues  that both liberals and conservatives can agree on. Our juvenile justice system has become an expensive behemoth of questionable use – this has been proven by studies on both sides of the political aisle. 

Unfortunately today’s political climate of hyperbole and vitriol is not conducive to actually seeing that this common ground exists. Crusading for reform of the juvenile justice system is too often viewed as a purely liberal ideal. Even so, there are conservative organizations that want a transition to non-incarceration based treatments as well. It’s simple good sense because they are vastly more effective and substantially less expensive to the taxpayers. Whether the stated goal is humanitarian or fiscally based the path to reaching it is the same.

One conservative group in Texas, Right on Crime, has taken on what is usually considered a classic liberal position as we approach the tumultuous election season of 2012. James Swift, a writer for the Juvenile Justice Information Exchange, brings us some details on the group and it’s goals:

The motto displayed on the Right On Crime website reads ‘fighting crime, prioritizing victims, and protecting taxpayers,’ a creed which [Marc A.] Levin [Director of The Texas Public Policy Foundation’s Center for Effective Justice] reiterated when he said the organization’s primary aspirations are to ‘promote public safety, and also to do so in a cost-effective manner.’ He also said the organization promotes ‘a focus on rehabilitation of youth and adults,’ who he believes can ‘be put on a path to be productive citizens and positive contributors to our society.’

‘Obviously, there have been some conservatives who, historically, have taken a ‘lock ‘em up and throw away the key’ approach,’ Levin said. ‘But crime has been declining in the United States for 17 years in a row.’

Levin said that his organization advocates evidence-based practices and discourages incarceration ‘when it is not necessary.’

‘If you incarcerate someone, it’s almost guaranteed they won’t be paying restitutions,’ he continued. ‘They won’t be paying child support, and they’re obviously not going to earn any income.’

‘Incarceration is necessary in some cases,’ Levin stated, ‘but a lot of times, it’s a child welfare issue.’

Right On Crime will hopefully be coming soon to a state near you.  The group is currently finding ways to expand it’s reach into other states. For one example they will be working closely with the  Georgia Public Policy Foundation to raise awareness and interest in reforming juvenile justice policies within the state over the next year. They are also reviewing a number of proposals from Washington, DC and possible legislation in California.

These are not conservative or liberal issues, they are human issues. In the midst of the ideological divisiveness our nation currently suffers this is the one clear ground where both sides want the same things, based on the same evidence. What better way to come together than to build a better future for our youth and their communities?

The Post Shutdown Blues: Polk Regional Juvenile Detention Center

County JailLast May legislation passed in the state of Florida, backed by Sen. J.D. Alexander (R-Lake Wales) among others,  was but  allowing any Florida county that could meet certain standards to take control of its own juvenile detention.Among other things this allows counties to move minors charged as juveniles into county jails. Two counties in the Sunshine State— Marion and Polk — already have made this change.

The state of Florida closed down the Polk Regional Juvenile Detention Center on the 27th of last October, and Polk County Sheriff Grady Judd debuted their new juvenile detention center that same month. Judd vows to cut in half the $3.2 million billed to the county each year by Juvenile Justice.

Treasure Coast sheriffs are not so quick to jump on the bandwagon, as Melissa Holsman of TCPalm reports:

Martin County Sheriff Robert Crowder said the county doesn’t deal with enough juvenile offenders to justify the costs of assuming the entire responsibility of housing juvenile offenders when the option exists to transfer the youths to the regional facility in Fort Pierce.

‘That’s a pretty drastic jump in expenses when you set up a facility,’ Crowder noted. ‘I think it’s a good idea the state is allowing local agencies to deal with this. But we have not done enough research here locally to take a firm position on this .’

Cost is one factor, and politicians on both sides are famous for neglecting to factor in start up costs when presenting their numbers. Another factor is staffing. In this case there were 73 state employees whose positions were put up for grabs by the changeover. Of those 42 put in applications at the new facility after Judd’s urging, and this is where the twist comes in.

You see only nine of them have been approved for hire, one is still pending. The reasons? Michael Pleasant at The Ledger shares the list:

Here’s what the Sheriff’s Office says kept the rest from getting through the hiring process:

Eleven did not pass a polygraph exam. The process involves a lengthy yes-or-no questionnaire and an interview based on the questions while hooked to a lie detector.

Six did not meet the agency’s general order standards, which set guidelines for several things including tattoos and past illegal drug use.

Four did not pass a background check, which could mean their criminal history disqualifies them or information they gave on applications turned out to be false or inaccurate.

One failed a psychological examination required for hire.

Ten withdrew their applications.

Judd has stated that the results of the polygraph tests in particular raised concerns. The state department on the other hand requires a background check, a drug screen and fingerprinting just like Judd’s facility, but does not require a polygraph.

No matter the issues surrounding the changeover there are massive concerns about its effect on Florida’s youth. The lack of specific training in dealing with youth offenders is one of the key arguments against this sort of incarceration.

Jacob Carpenter of The Naples Daily News brings us one vital argument in particular:

Lawanda Ravoira, director of a Jacksonville-based advocacy center for juvenile girls, said jail officials would be particularly unable to support victims of sexual abuse. Research suggests that 70 percent of girls who enter the juvenile justice system have been victims of emotional, physical or sexual abuse.

‘At best, it’s developmentally inappropriate,’ Ravoira said. ‘At worst, it increases the likelihood that young girls will be physically and sexually abused in those facilities.’

Roy Miller, president of the Tallahassee-based Children’s Campaign, a juvenile watchdog nonprofit has stated this new legislation “…sets us back 40 years.”

It is understandable for states and their counties to be finding ways to reduce costs, in this economic climate everyone is doing that. This is exactly why better measures that are more effective in the long term need consideration. Moving to county based incarceration looks initially cheaper but over the long term the truly cost effective approach is rehabilitation.

Image Source: Woody H1, used under it’s Creative Commons license

A Look at Goldie Hawn’s MindUp Program

Mental focus, empathy, and optimism. These are three things lacking in the early lives of many children, particularly children who suffer the trials of homelessness or incarceration. Three things that actress Goldie Hawn wants to give to children everywhere.

Let’s start off with a quick video to get you up to speed and take it from there, shall we?

Developed by Hawn and neurologist Judy Willis the program uses short duration “brain breaks”  to help school children learn to regulate their own brains.

Three times daily, kids in the program are given three minute sessions of “mindfulness training.”  When totaled together the sessions cover four different 30 minute lessons.

  • Quieting the mind.
  • Our senses.
  • Practical Applications.
  • Mindfulness and ourselves in the world.

The short sessions seem to work beautifully as the children involved in the profess to really enjoy them and consistently tell their friends and families about their experiences.

Marianne Schnall recently interviewed Hawn for The Huffington Post. Here is an excerpt from it’s introduction:

Working with leading neuroscientists, educators and researchers, The Hawn Foundation has developed the MindUP program, a curriculum that has already been implemented in classrooms by over 1,000 educators throughout the United States, Canada and the U.K. — and they are receiving requests to bring their program to many other regions around the world such as Australia, New Zealand and South Africa. The cutting-edge curriculum features 15 carefully-thought out lessons designed to help children reduce stress and anxiety; improve concentration and academic performance; understand the brain science linking emotions, thoughts and behaviors; manage their emotions and behavior more effectively; develop greater empathy for others and the world; and learn to be optimistic and happy. It is a revolutionary undertaking that seeks to dramatically transform the way we view education, using methods that are backed up by the latest research about the brain — and they are already achieving impressive results in children who are learning in the MindUp classroom.

The interview goes into a great deal of depth on the subject, including detailed discussion of how the program is implemented, the findings so far, and the science supporting it. Read it here: Goldie Hawn Talks ‘MindUP’ and Her Mission to Bring Children Happiness.

As always the question is “just how effective is this approach?” While there are no completed studies of the program at this point, the initial findings of one currently in progress come to us through serendipity.

Peter B. Reiner, a contributing writer for Neuroethics at the Core ran into UBC Associate Professor Kim Schonert-Reich on a plane recently.  Schonert-Reich is one of the lead researchers on the efficacy of the MindUP™ curriculum on schoolchildren and her description on the astonishing results of the program led him to cover it in a recent post:

Kim is in the process of carrying out a proper experiment on the MindUP™ program, with some classes receive no training, others receiving sham training, and other getting the full MindUP™ curriculum. The results are not yet published, but even the non-quantitative results are compelling. When teachers who are not using the program see what a powerful positive effect it is having on kids in other classes, they clamour for having the curriculum included in their daily lesson plans.  High school teachers are starting to ask for a version of the program for their students.  It has turned into a full-fledged meme, spreading like wildfire in the absence of marketing. As an added benefit, MindUP™ is also making kids budding neurobiologists – each lesson is accompanied by a description of what goes on in the brain when one practices mindfulness, and kids apparently go home to their families and tell them about their brains.

Here’s a longer talk by Hawn for those who wish a more in depth examination of her views:

Early education and youth development are the most effective strategies for breaking the cycle of at-risk behavior, and helping our youth thrive. Programs like these can be a powerful weapon in the battle for our children’s futures. Forging a better present for those who are children now is the surest way to ensure a better future for them as they mature.

Bruce Perry, M.D., Ph.D., Senior Fellow, The ChildTrauma Academy and author of The Boy Who Was Raised as a Dog and BORN FOR LOVE: Why Empathy Is Essential — and Endangered put it succinctly:

What we are as adults is the product of the world we experienced as children. The way a society functions is a reflection of the childrearing practices of that society. Today, we reap what we have sown.

Educational Justice: Four Organizations

who thinks i have a book problem? (274/365)One of the huge factors that can rob a child of opportunities in his future is lack of access to an education. It  is one of the great tragedies of juvenile life in America that so many of our youth find the path to their future limited by a lack of access to learning.

Today I’d like to point out a few organizations doing excellent work as they strive to break down barriers between kids and education.

Education Justice.org 

Education Justice at Education Law Center seeks high quality educational opportunity for all children, including low-income and minority children, children learning English, and children with disabilities.

As part of ELC, EdJustice offers support services to a network of litigators and other education advocates across the country to secure the Opportunity To Learn and equity in funding and learning resources. EdJustice and ELC help advocates press state and federal policymakers to extend the excellence in wealthy suburban schools to low-wealth urban and rural communities and children.

Coalition for Educational Justice 

The NYC Coalition for Educational Justice (CEJ) is organizing a parent-led movement for educational equity and excellence in the city’s public schools. We are a citywide collaborative of community-based organizations and unions whose members are parents, community residents and teachers. Together, we are fighting to ensure that every child in NYC receives a quality and well-rounded education.

Alliance for Educational Justice

The Alliance for Educational Justice (AEJ) is a new national alliance of youth organizing and intergenerational groups working for educational justice.  AEJ aims to bring grassroots groups together to bring about changes in federal education policy, build a national infrastructure for the education justice sector, and build the capacity of our organizations and our youth leaders to sustain and grow the progressive movement over the long haul.

The Education Justice Project 

The mission of the Education Justice project is to build a model college-in-prison program that demonstrates the positive impacts of higher education upon incarcerated people, their families, the communities from which they come, and society as a whole. While this group does not deal directly with children it is vital nonetheless.

Research is clear. College-in-prison programs reduce arrest, conviction, and reincarceration rates among released prisoners. Evidence has also linked the presence of college-in-prison programs to fewer disciplinary incidents within prison, finding that such programs produce safer environments for prisoners and staff alike. College-prison programs also have benefits for inmates’ families and, hence, their communities. The strongest predictor of whether a given person will attend college is whether her or his parents did. When an incarcerated person receives a college education, whether or not s/he is eventually released, his or her children are more likely to pursue their own educations.

Note: Regular Blogging will resume Monday as I am in the midst of a cross country move. Please aprdon any delay in replying to your comments. 

Image by sleepyneko, used under its Creative Commons license

Congress To Slash Juvenile Justice Funds

MoneyThe Office of Juvenile Justice and Delinquency Prevention has just taken a blow, one which could possibly put it’s connection with state governments at risk.

Appropriations leaders in both the House and the Senate have finalized a bill which cuts the office’s funding from $275 million in fiscal 2011 to $262.5 million for fiscal 2012.

John Kelly, a writer for YouthToday, has a wonderfully detailed explanation of how these funds are allocated and the series of bills leading to this point. As to the outcome, it seems funding will be cut from a number of programs and tactics that we at HE support:

Prospects on what will happen with the formula funds are complicated. The funds are allocated to the states in exchange for their compliance with four core standards of juvenile justice operations: not detaining or incarcerating status offenders; keeping all juveniles out of adult jails, and separating them by sight and sound from adult detainees in the rare exceptions when jail is allowable; and addressing disproportionate minority contact in the system.

Compliance with these practices is something we desperately need more of, not less. This stance will hobble rehabilitative and community based programs across the U.S. while putting more youth at risk. In the long run the money “saved,” here will probably be spent on incarceration. (In which case it really is not a “saving,” is it?)

SparkAction’s online petition sums it up well:

[…] deep cuts to federal funds that now support state and local juvenile justice and delinquency prevention efforts will hurt kids and families and jeopardize public safety. Cuts of this magnitude will result in more children in dangerous, costly lock-ups, greatly increasing risks of suicide, sexual and physical abuse, and disconnection from family, positive support, education and the workforce.

The timing on this is horrible. Studies consistently show that a rehabilitative approach is not only far more effective but also far less costly than incarceration, which has become a booming business here in the sates. Many states have been becoming pro-active about embracing more theraputic and community driven programs, the exact kind of programs facing the budgetary knife.

 The Wasington Post just ran an editorial spelling out exactly why this is bad legislation:

Delinquency prevention or diversion programs are significantly cheaper than incarceration. According to the American Correctional Association, states spent between $66,000 and $88,000 in 2008 to incarcerate each juvenile offender. The costs associated with imprisoning youths are substantially higher than for adults because of the additional services, including education, that incarcerated youths require. Incarceration may be appropriate for juveniles who commit violent offenses, but it is too often chosen for those who commit nonviolent infractions. The incidence of such counterproductive punishment will almost certainly rise if these federal funds are cut further.

This will not reduce juvenile crime, and it will probably end up costing much more than the alternatives. And when I say cost I mean cost to the youths and their communities as well as the budgetary numbers.

 Image Source: Images_of_Money on Flickr, used under it’s Creative Commons license

Michigan’s Juvenile Lifers

Prison corridor with cellsOnly Pennsylvania has more juveniles serving life sentences than Michigan. Both states may be experiencing some change in the near future.

You see, the U.S. Supreme Court has recently agreed to hear two cases that challenge the idea of life sentences for juveniles. The basis of the argument is that it is cruel and unusual punishment to incarcerate a juvenile for life. The two cases involve a pair of 14 year-olds, one in Alabama and Arkansas.

If that challenge is upheld it will mean major changes for Michigan on many levels. For one thing it’s a big part of the economy, Michigan’s 359 juvenile lifers cost a whopping $10 million a year to house.

First let’s have a little background.

In 1988, as a response to the astounding spike in juvenile violence across the U.S., the Michigan legislature made is easier to try 15 and 16 year olds as adults. Then in 1996 they made is easier to charge 14 year olds as well under their “adult crime, adult crime” mandate. It was part of a national trend towards harsher sentencing for under age offenders. According to the Bureau of Justice Statistics the number of juveniles incarcerated in adult prisons between 1983 and 1998 more than tripled in the U.S.

Since then some backtracking has been done, but there is a long way yet to go. John Barnes of MLive notes that the Supreme Court may be hearing these cases with an eye toward extending the reach of two of their earlier rulings:

In 2005, the court ruled minors 17 and younger could not be given the death penalty.

In 2010, the court extended protections, ruling a minor could not be sentenced to life without parole in non-homicide cases.

In both cases, the majority of justices ruled juveniles’ mental abilities are lesser developed than adults, and sentencing them as such violates the Eighth Amendment protection against cruel and unusual punishment.

The new cases would move the bar even further, banning mandatory life involving juvenile homicides, including when the juvenile was present at a crime, but did not commit the actual killing. About one-third of Michigan juvenile lifers fall in that category.

It is a hard debate, one fraught with emotion and thorny to navigate. In many ways though, it is the same debate we so often have: rehabilitation vs. incarceration. Yes, there are incorigibles who belong behind bars. There are also many cases where the childlike mind does not have the capacity to truly realize consequences. It is once more a question of how useful it is to try a child as an adult.

Even supporters of the original harsher penalties are beginning to doubt their efficacy. Angela Whittrock brings us one from MLive‘s ongoing series about this issue:

Supporters of the initial reforms have mixed views on whether sending juveniles to prison for life has been effective.

Leland, a Detroit Democrat, thinks he and his colleagues made a mistake. He points to the growing prison population, which tripled from 1980 to more than 45,000 in 2009, and the Department of Corrections budget, which grew from $193 million in fiscal 1980 to $1.94 billion this year.

Even factoring in inflation, that’s nearly a fourfold increase.

‘Now, 25 years later, I think locking youthful offenders up for life is ridiculous,’ Leland said. ‘Life in prison should be reserved for Hitler.’

This is just one of many aspects of our juvenile justice system that are flawed or broken. All deserve the utmost scrutiny lest we squander our children’s futures, and society’s as well.

For an array of further reading MLive has been doing an extensive series on the subject.

Image Source: Time Pearce on Flickr, used under it’s Creative Commons license