Tag Archives: juvenile prison

Failed juvenile justice systems: gateways to adult incarceration that must be addressed

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Justice reform and the idea of de-incarceration are starting to become familiar considerations in many circles. The idea that long prison terms for non-violent offenses are expensive and unnecessary is a concept that is gaining bi-partisan steam. Several states have passed legislation that has reduced lengthy sentences for adults charged with non-violent crimes. A few have begun considering juvenile reforms, yet still do not fully recognize that improving juvenile justice systems is a critical strategy to achieve overarching criminal justice reform. Why? Because failed responses to juvenile offending is a gateway to adult incarceration.

According to a number of data sources a majority of youth currently behind bars have not committed a violent offense. More importantly, a large percentage of those youth are subject to incarceration as a result of minor infractions that occur at school or for engaging in activities that would not be a crime if they were adults (status offenses). Once in front of a judge, however, these young people are subjected to harsher responses than they would be in a criminal court and at a significantly higher cost (financially and in lost opportunities). After a stint in a juvenile facility, recidivism more often goes up, rather than down.

A recent publication by the Justice Policy Institute (Sticker Shock) http://www.justicepolicy.org/StickerShock outlined the financial implications of juvenile incarceration on states and communities. According to JPI research the average cost of incarcerating a young person in a secure facility is upwards of $400 a day (amounting to more than $70,000 for six months, and more than $140,000 for an entire year). Equally important as the significant financial impact, is the reality that a high proportion of young people who are incarcerated as juveniles go on to be locked up as adults, thereby costing even more money over their lifetime in actual costs to confine, in loss of productivity and an impaired ability to meet their own and their family’s financial needs.

Research indicates that when youth misbehavior is addressed therapeutically, a large percentage of kids can be diverted from deeper system placement and are able to get on a more positive path. Many adolescents who engage in impulsive or risky behavior, but who are otherwise positively connected ultimately grow out of this behavior and go on to lead a productive adult life – even without system intervention. Others who may be more exposed and vulnerable to anti-social environments have a better chance of getting on the right track if responded to with a supportive and nurturing structure. Interventions that provide youth with opportunities to stay or get on track educationally, while also learning pro-social skills is a better deterrent to recidivism, than if they are responded to harshly and confined in punitive settings.

It defies common sense that in every state across this country communities squander the opportunity to more appropriately respond to young people when the results of the alternatives are so dire. When we couple this failure with the data on the racial disparities (African American youth are nearly five times more likely to be confined than similar youth who are white), it’s hard to deny that this should be considered a civil rights issue that is worthy of attention.

If as Michelle Alexander states, we are beginning to appreciate that our failed criminal justice system is tantamount to a New Jim Crow, and if we acknowledge that overzealous police practices need improvements, then we must simultaneously recognize that incarcerating our youth must stop and that finding alternatives is a pragmatic transformation that is long overdue.

Tanya Washington is a former civil rights attorney and social justice advocate who seeks better outcomes for vulnerable youth/ Share your thoughts at http://www.justicecorner.com

Follow Tanya on Twitter: @twashesq/ email her at justicecornerblog@gmail.com

The eyes that haunt me

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My recent visit to a juvenile facility left me with heartache. As a former defense attorney and juvenile reform consultant, I’ve been to my share of locked facilities, but this visit for some reason unnerved me. It was more than the dismal physical space I’ve observed so many times. I’ve certainly seen the typical correctional complex complete with razor-wire fences, a myriad of locks and bolts, and barren cells. I’ve seen the expensive over-equipped surveillance control rooms with hundreds of cameras that offer multiple views of the facility at various angles.

What struck me in a different way during this visit wasn’t the sterile building and rooms, it was the eyes of the youth that I encountered. Despondent, unfocused, almost lost eyes. Eyes that had clearly experienced trauma and despair, and now seemed to just go through the motions.

Teenagers are supposed to be spirited, inquisitive, engaging — even irreverent. They are not supposed to be robotic. When I’ve visited institutions in the past, the young people I met seemed at least interested in who and why “the strangers” were there. Most seemed to welcome a new face to at least break the monotony of their daily, weekly, and monthly routine. But on this tour, line after line of youth barely looked up or even seemed to notice the visitors among them. I saw a kind of disconnect that transcended sadness. It was almost like they had given up; having submitted to the cold regimen of their circumstances.

I didn’t get the sense that the caretakers were unnecessarily harsh, but rather that they were detached. From what I could see, the correctional officers were professional and courteous — perfunctory, but not engaged. Even during the eating times, most preferred to watch the youth eat, rather than sit down and eat with them. Less than 20 minutes was allotted for meals with no talking, just eating. I wondered to myself, how I might feel if someone I loved had made a mistake that caused them to be in such a place. Month after month (and year after year) of walking in line, being told when and where to sit, when and where to eat, being talked at, rather than talked to?

No matter what they did wrong, these kids deserve a second chance at life and a bright future. But how can such an atmosphere serve a rehabilitative purpose? What is meant to be “corrective” in reality is nothing more than a well-manned warehouse. There is a reason that a separate juvenile system was created. It was the result of the recognition that kids being young in both mind and experience can be reformed. At some point we as a society understood that the impulsiveness that could drive an adolescent to commit a criminal offense was something that development and the right amount of support and attention could easily overcome.

But somewhere we’ve gone off course and reverted to subjecting our youth to the same harsh prison environments that we send adults. What’s worse is that 75% of the kids that are sent away have done nothing violent, but are still placed behind bars. And these places are harmful. They not only strip our kids of their dignity and desire to achieve — they crush their very spirit. They say that the “eyes are the windows to the soul” — I suppose that’s why the eyes I saw are haunting me.

Tanya Washington is a former civil rights attorney and social justice advocate who seeks better outcomes for vulnerable youth/ Join the discussion at http://www.justicecorner.com

Follow Tanya on Twitter: @twashesq/ email her at justicecornerblog@gmail.com