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Why We Can't Incarcerate Our Way Out of Crisis

Posted: 08/04/11 09:00 AM ET

To be a state or local elected official is an extremely difficult task. With the mutual demands of meeting the needs of your constituency while also balancing a constrained budget, the federal government's flexibility in navigating expenditure limits and "debt ceilings" is not part of the municipal toolbox. Therefore, intellectual honesty, political courage and vision are imperative qualities in those who choose to lead in turbulent times. This remains true amid the myriad of issues that we debate; however, nothing is more important than the dual objectives of protecting our citizenry and developing our young people.

Recently the National Council on Crime and Delinquency, a highly-respected research organization, released a report about the projected bed need in a new Baltimore jail for youth who are prosecuted as adults. The Council found that the need for beds (117) is much lower than a previous projection (180) and could be reduced to zero, pending policy decisions. Jurisdictions such as Chicago, New York and Philadelphia have taken steps to reduce their jail populations and save money without compromising public safety. The city of Baltimore now faces a similar crossroads.

I understand and firmly support the need for criminal justice, and I have the highest respect for those whose job it is to protect society. In addition to having family members and close friends who are members of law enforcement, I spent 10 years as an Army Paratrooper, with much of 2005 and 2006 spent in Afghanistan. After serving the nation overseas, I have come to the conclusion that while kinetic operations are at times necessary, we can never solely "kill or capture" our way to an honorable solution. I also firmly believe that we can never incarcerate our way out of the crisis in which so many of our nation's young people are caught up.

After the release of the Council report, Maryland officials have said that they will reduce the size of the youth jail. That was a good first step. However, the questions have arisen whether there are better ways to spend the more than $70 million dollars that remain for the construction of the youth jail. Now is the time to think both creatively and efficiently about how we allocate resources in the short term, in order to protect our society in the long term.

Currently, the juvenile detention facilities are operating at capacity. However, if Maryland's Department of Juvenile Services (DJS) increased the use of proven alternatives to traditional detention services, such as shelters for young people who do not pose a public safety threat, then this would free up more detention beds for those youth who are charged as adults. Even PACT centers (or evening reporting centers) showed significant reductions in recidivism as well as a demonstrable reduction in costs in comparison to housing in the Baltimore City Juvenile Justice Center. DJS has a committed staff, and it should train its staff to assess adequately the needs of youth and place them in treatment centers promptly, as this too would open beds for youth charged as adults.

To be clear, some juveniles commit adult-scale crimes, and they have demonstrated the significant threat that they pose and their capacity to do more harm to society. Special considerations must be kept in mind for these case-by-case situations. However, the impact of our generational policy of putting juveniles in adult facilities is undeniable. Juveniles who are incarcerated in adult facilities are more likely to re-offend when they are released than youth who receive treatment and rehabilitative services in the juvenile justice system.

Innovative programs such as the Missouri Division of Youth Services (DYS) have long proven that departing from the large, prison-like correctional institutions in favor of smaller, regionally dispersed facilities is quantifiably and qualitatively more effective. This program has received significant national attention, with the New York Times calling it "the right model for juvenile justice." Replication is difficult, scaling possess inherent challenges, but let us not be guilty of apathy. Considering that the vast majority of juveniles in facilities are there for non-violent offenses, and the intent and purposes of our criminal justice system for juveniles is rehabilitative, we need to be true not only to its intent but to its efficacy.

This example highlights a specific municipality at a crossroads, but these challenges are shared by government leaders nationwide who wrestle with the application of political pragmatism in a financially strapped climate. And our elected officials take nothing more seriously than keeping us safe. We just need to make sure that vigorous debate exists about what that means and how those efforts should be funded. We owe it to ourselves not to acquiesce or force expedient solutions without debate or analysis, but to champion policies that make the most sense.

 
To be a state or local elected official is an extremely difficult task. With the mutual demands of meeting the needs of your constituency while also balancing a constrained budget, the federal governm...
To be a state or local elected official is an extremely difficult task. With the mutual demands of meeting the needs of your constituency while also balancing a constrained budget, the federal governm...
 
 
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maxfax
Taa - dah!
07:25 PM on 08/06/2011
"intellectual honesty, political courage and vision are imperative qualities in those who choose to lead in turbulent times" People won't vote for anyone with the courage to tell the truth, instead we get people like this who want to sell off the system to the highest bidders, on the taxpayers' dime. http://www.nola.com/politics/index.ssf/2011/06/house_committee_kills_bobby_ji.html It would also be helpful to decriminalize marijuana, but then there's all that money that goes to government to keep it criminalized. We continue to be the losers because voters really "can't handle the truth."
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conservativewhitemale
Silence is the language of God. Zip it.
11:04 AM on 08/06/2011
What would you prescribe then? Perhaps this?
http://www.businessinsider.com/race-war-heats-up-at-wisconsin-state-fairwait-the-race-war-2011-8
02:02 AM on 08/08/2011
a race war generally requires two sides to fight.
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dbrett480
09:25 PM on 08/04/2011
Youth detention facilities are at capacity and people want to reduce the size of the ones being built; how does that make sense? The fact remains that "kids" are going to commit crimes no matter how many programs we throw at them and their needs to be a place to incarcerate them.
10:44 PM on 08/04/2011
Rehabillitation and diversion programs work best for the mostly non-violnet offenders that make up the juvenile system. The article points out that by doing such programs, it frees up beds for the truly violent juveniles.
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dbrett480
08:49 PM on 08/05/2011
Rehabilitation and diversion programs are used constantly in the juvenile justice system. While they should be given more funding, we shouldn't ignore the need for youth detention facilities. "Kids" that are gang members and have committed violent crimes have a low chance of rehabilitation and it is in the public's best interests for them to be behind bars.
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HekmagaJuximaxx
Shish Kebab, anyone?
06:31 PM on 08/04/2011
Of course we can incarcerate our way out of crisis! We could do what the Italians are doing: arresting all employees at Moody's and Standard and Poor's. We could do that here, but on a much larger scale. We can even arrest and shut down the entire GOP! Wouldn't that be great? Crisis -- POOF! What crisis?
01:44 PM on 08/04/2011
But where will the profit driven private prison system -both adult and juevenile- get their clients from? Using constructive and proven ways to rehabilitate youthful offenders isn't what many in the public call for. Even though they know it is best, the have to posture for treat them all like hardened adult criminals, because in our hypocrisy we will sleep better tonight.