Let's Put the "Justice" Back in Our Juvenile Justice System

Although she had no prior criminal record, 14-year-old Shaquanda Cotton was sentenced in 2006 to up to seven years in correctional detention for shoving a teacher's aide in the small town of Paris in East Texas. Another 14-year-old girl was sentenced by the same judge to probation after she was convicted of the serious crime of arson. Shaquanda is Black and the other girl is White. Shaquanda was imprisoned at the Ron Jackson State Juvenile Correctional Complex in Brownwood, Texas, under an indeterminate sentence that could have lasted until her 21st birthday. Fortunately she was released in March 2007, having spent a year behind bars, after a wave of protests from civil rights groups prompted officials to intervene. Shaquanda's case is just one of many reflecting the racial inequity in America's juvenile justice system, which funnels low-income children of color into the Cradle to Prison Pipeline and unnecessary detention.

The Pipeline, which sucks many young people into adult criminal justice systems, runs through economically depressed neighborhoods, failing schools, across vacant lots where playgrounds and health facilities should be, and in and out of broken, understaffed child welfare agencies. By the time many children get arrested and are brought before a juvenile court, they have been provided far too little loving and thoughtful adult support only to face purported child serving systems that treat them unjustly.

The juvenile justice system is a major feeder into the Cradle to Prison Pipeline. The high volume of cases that juvenile courts administer--over 1.5 million cases each year nationwide--is attributable to the frequent inadequacy of counsel for poor youths; the cultural incompetence or bias of many judges; and the increasing criminalization of children at younger and younger ages for behaviors that used to be handled by families, churches and community organizations.

With overflowing dockets, many Black children get swept up in a judicial juggernaut where they are unlikely to be treated fairly. Often, a judge's hands are tied with mandatory minimum sentencing requirements, especially in drug cases. Judges scrambling to dispose of as many cases as possible, commonly handing down verdicts in minutes. However, racial disparities are evident. Although Black and White teens report using drugs at a similar rate, Black youths are almost five times as likely to be incarcerated as White youths for drug offenses. Far too few effective substance abuse prevention and treatment programs exist.

Poor youths have a hard time receiving the evenhanded treatment that is extended to more affluent White youths. A White, neatly groomed teen in a coat and tie appearing before a judge with his father and mother and a private attorney has a stronger chance of getting probation and no detention than a Black youngster with an overworked public defender and, too often, no adult family member present.

The White youth will likely be prepped to address the judge as "Your Honor" and his parents will be coached to make the right suggestions to the court: That they will place their child in a drug treatment program or send him to military school. They may implore the judge not to ruin their boy's chances of going to college. By contrast, the Black teen may meet his public defender for the first time on the day of his trial; may not fully understand the seriousness of his situation; and may lack social skills, making him appear disrespectful and resulting in harsher treatment. Public defenders also frequently counsel youths to plea bargain rather than present a defense. This may guarantee the youth some form of incarceration.

We can do better. Incarceration shouldn't be our society's first or primary response to a minority youth in trouble. Judges need to look for opportunities to offer poor young and minority defendants the same second chances most privileged youths can count on. These include alternatives to incarceration such as restitution, community service, electronic monitoring, drug rehabilitation treatment, or placement in a "staff secure" (but not locked) community corrections facility. In addition, counseling, social services, education and, in some cases, mental health support should be provided to address the root causes of a youth's involvement with the juvenile justice system.

And we must address drug addiction as a critical health issue and take it out of the criminal justice system. We don't penalize people because they are addicted to tobacco or alcohol, substances that kill far more people than drugs. More drug courts are needed with the capacity for early identification of substance abusing offenders and the ability to place them under court monitoring or community supervision for long-term treatment services, job skills training and family counseling.

It's time for justice to become a reality for all in America. Those administering our juvenile justice system must be given what they need to extend a real helping hand rather than an angry fist to young people in trouble.

For more information on the Children's Defense Fund's America's Cradle to Prison Pipeline^SM report, go to www.childrensdefense.org/cradletoprison

Follow Marian Wright Edelman on Twitter: www.twitter.com/ChildDefender

Comments

[poeticjustice4all]

Yes, I read all about "the Pipeline, which sucks many young people into adult criminal justice systems" and how "Black children get swept up in a judicial juggernaut where they are unlikely to be treated fairly."

But I'm not buying it.

I'm as Black as anybody else and I wasn't swept up into a juggernaut. In fact, I was sucked down into the casual world of mayhem, murder and drugs by a teenager who'd repeatedly been in the system.

I read the article's plea for "alternatives to incarceration such as restitution, community service, electronic monitoring, drug rehabilitation treatment . . ." But I've also read my brother's funeral notice.

I'm all for offering these services to young people who are staying out of trouble, doing their best and need help -- but instead we spend all the money on the small portion of youths who are determined to commit crimes.

That's just wrong and I reject it.

[Usiku]

Please provide more information on the causes of what sounds like, on the surface, inadequate legal representation from public defender's.

[realitytrumpsbull]

UNICOR prison industries, woohoo! Call the
ambulance chasers, have them whip up some
more create-a-crime/create-a-condition stuff,
production's falling behind, need more fresh
meat...

[poeticjustice4all]

There is no "pipeline" sucking young people into arson, robbery, drug dealing, assault, rape and murder. It's just silly to blame the prison system for crimes committed by evil people -- regardless of their age. If you're old enough to know right from wrong -- you're old enough to pay dire consequences for choosing to do illegal things. We all have choices, and as a victim of crime, I have absolutely NO PITY on criminals of any age. Lock up these evil people and throw away the key so the criminals can't ever get out to rob, rape and murder again.

[larry278]

Juvenile 'justice' schemes from bicycle courts staffed by minors of the 'right' sort to juvenile courts don't grant rights to an accused minor which an adult is given in courts who deal with adults are frauds which deny minors due process. That can't be called justice. It's past time for truth & justice for minors. Let us end the practice of using euphemisms & feigned concern for the welfare of 'tender' minors to deny justice to minors.
Re-read the blog for examples of injustice & more harsh disparity of treatment of minors versus the more lenient treatment accused adults accused of the same offense who have access to competent legal counsel.

[thebugman]

While do believe blacks are sometimes treated unequally by our justice system, I still don't care for the "slanted" perspective of the Author.

She considers Arson a serious crime which it is, but she acts like Assault is not. Sorry Marian, both are serious crimes.

She also likes to compare "poor balcks" to "affluent whites". Give me a break. I grew up in a mostly black part of town and my School was 85% black. I only mention this because Marian offers up the fact that a poor black child will not know how to speak to a judge. Now granted, perhaps they may not know to address them as "your Honor", but they sure as heck could at least call them sir or ma'am. All the kids I hung out with ALWAYS called their Moms and Dads (if they had one) sir and ma'am as they did all of their elders. If they didn't they got smacked and told to show respect. I will also say that I lived in a poor neighborhood.

Perhaps the Author will offer some stats on poor vs. poor and affluent vs. affluent. Because I bet the stats are a bit closer when looked at in a more evenly cast light.

[BlackandProud]

My family grew up with very little, but I did not do the stupid things kids do these days to get in trouble.

I respected my elders, I didn't do drugs, and I knew if I didn't buy it, it didn't belong to me. I started mowing lawns at age 13 so I would have my own money.

I sure the hell didn't shove teachers or teachers aides.

The justice system is broke...and knowing that is a good reason to keep yourself out of trouble in the first place.

In a court of law you damn well better speak respectfully, and dress well (no pant leg rolled up, no drawers hangin out, etc...) and say yes sir, no sir. It's common sense.

Parents are failing these kids miserably, and kids these days sound like fools.

[BlackWidowPilot]

I've said it before, and I'll say it again about this very subject:

Education and genuine economic opportunities for the poor and disadvantaged communities will go a long way to cutting illegal drugs and the crimes they spawn off at the knees. Empty promises and more of the same sort of ecologically disastrous and in fact utterly useless methods such as have been used in Coloumbia by the DEA et al will only ensure the continued flow of drugs.

For what its worth, I know a pioneering DARE officer, who will confirm the efficacy of education as a preventative measure. Counseling is another of the necessary approaches to help break the cycle of drug abuse and addicition.

But without economic opportunities and the educational opportunities to achieve them, it's all just a damned band-aid over a gangrenous rotting wound on our nation's soul. The lure of copious amounts of fast cash will just remain too strong a temptation for inner city kids with no education, rotting broken-down school systems, broken homes, and no prospects of ever bettering their lives through normal means.

One can preach personal responsibility until Judgement Day, but it will do virtually nothing if there remains no social justice for ALL Americans, not just a select few.

END PART I

[paul195]

I guess both Black and White kids arent taught the same lesson I was when I was a child/teen.(born in 77', so I'm not ancient)

"Dont do the crime of ya cant do the time".

When I was 14 my father took me to the local police station, asked for 5 minutes of a Sgt's time and asked that policeman to walk through the most common crimes teens were committing.

The cop and my father explained DUI's, possesion, assult, car theft, etc.

My father made it very clear "if you did it, dont call here cause your safer in jail then here at home"

"if your wrongly accused, I'll fight to the end for you"

Guess the modern mantra is "yes lil jimmy did rob that old lady, but cause of "racism", "sexism", and my shitty parenting he didnt know any better, so it's societies fault"..


What ever happened to personal accontabilty is this country?

Guess we dont need to look further then:
Ted Kennedy: should be in jail for murder
George Bush: Same


Ignorance is not a defense...

[Norge]

Golden's "Lord of the Flies" had much more justice than all of American society.

[nihilon x]

Its not just race, but its MONEY as well.

If Shaquinda -- or many of these other minority youth -- had access to money (and therefore, proper legal representation), this would decrease their chances of being incarerated exponentially.

Of course, in this country race and class are nearly one and the same, so addressing the socio-economic issues behind these inequalities could be considered just as important and addressing the injustices themselves.

[jmpurser]

I think maybe "Justice" is the wrong goal here. When it comes to kids I'm for the kids and screw justice. Instead of a "just" solution I'm for one that gets the kids back on the right road first and if we can do so "justly" then fine. But first things first.