Juvienation

Entries from April 2008

The JJ Channel

April 30, 2008 · Leave a Comment

From the Campaign for Youth Justice April newsletter:

The Campaign for Youth Justice now has a presence on YouTube! We have created a channel called “jjreform” which can be accessed at www.youtube.com/jjreform. Currently, there are several videos that represent the juvenile justice issue of transfer and youth in adult prisons and jails, including a success story that aired in Vermont which includes an interview with Senator Patrick Leahy, chairman of the US Senate Judiciary Committee. In addition, the “Favorites” section includes the following: a Caron Butler biography, Anne-Marie Ambrose testifying on Capital Hill, the NAACP State of Emergency video, an interview with former Office of Juvenile Justice and Delinquency Prevention (OJJDP) Administrator Shay Bilchik, and a Connecticut TV story about Congressman Chris Murphy’s (D-CT) juvenile justice legislation. We will continue to update this new channel with relevant videos from news stories, formerly incarcerated youth, experts, and more. If you have or know of an informative video on the prosecution of youth as adults that you would like us to add, please contact Eric Solomon at esolomon@cfyj.org or 202.558.3580 ext. 20.

Editor’s note: I’ve added a link to the YouTube channel on JJ Reform to the blogroll on the right. Be sure to check it periodically for updates.

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Captain Kangaroo Court

April 30, 2008 · Leave a Comment

Col. Peter Brownback, the US military judge presiding over the trial (if you can call it that) of Canadian-born Omar Khadr, has rejected a bid by Khadr’s attorneys to dismiss the case on the grounds that it contravenes international law. Khadr, who has been held at Guantánamo Bay since 2002, was 15 years old when he was pulled off the battlefield in Afghanistan. (He allegedly threw a hand grenade that killed a US operative.) U.S. Lieut. Cmdr. William Kuebler, Khadr’s attorney, argued earlier this year that trying Khadr in this context violates international laws, including the Child Soldier Protocol, of which the United States is a signatory. In today’s ruling, Brownback upheld the Pentagon’s argument that a person of any age can be brought before the US war crimes commissions at Guantánamo. Dark times, indeed.

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Missing: Public Defenders in Washington State

April 30, 2008 · Leave a Comment

From Pennsylvania to Washington, where, the Olympian reports, legal aid for indigent juvenile offenders is similarly absent. Citing the 2007 “Status Report on Public Defense in Washington State,” the paper notes that “seventeen counties never or only sometimes make public defense attorneys available to children and teenagers during their first appearance in juvenile court. These small- to medium-size counties…handle about 30 percent of the 22,000 cases a year involving juveniles making their initial appearance in court on allegations that they committed a crime.”

(Hat tip to Skelly at Arbitrary and Capricious for the link.)

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JLC Files Petition to Protect Youth Without Counsel

April 30, 2008 · 1 Comment

The Juvenile Law Center has sent a petition to the Pennsylvania Supreme Court requesting immediate relief for the approximately 200 youth in Luzerne County who, records show, have appeared in the county’s juvenile court without representation since 2005. According to the JLC press release, “The state data show that from 2005 – 2006, more than 500 families in the county were affected and approximately 200 children were removed from their homes, leaving both children and parents feeling bewildered, violated and traumatized.” In other words, 50 percent of the teens who appeared in court during that time were not represented by counsel–that’s ten times the state average, not to mention a clear violation of the due process rights guaranteed to these young defendants by the landmark Supreme Court decision In Re Gault.

“Luzerne County’s Juvenile Court proceedings represent the most egregious violation of children’s constitutional rights in Pennsylvania,” says JLC legal director Marsha Levick. “When more than half of all youth appear in court without legal representation and are routinely taken from their homes and placed in residential treatment for minor offenses, something is seriously wrong and it must be stopped.”

The Wilkes-Barre-area daily Times Leader reports that the county’s juvenile judge, Mark Ciavarella,

acknowledged Tuesday that a high percentage of youths who come before him are not represented by attorneys. He could not explain why the numbers were so much higher than other counties.

The judge said in many cases he believes parents opt not to obtain attorneys because they know their child is guilty.

He insisted parents are advised at every step of the process that their child is entitled to an attorney, and that one will be appointed if they cannot afford one.

“It’s not like they’re walking into this blind. They are advised on three different occasions they have a right to have a lawyer present,” Ciavarella said. “If they want waive their right to an attorney, that’s their business.”

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Tapping the Medicaid Pipeline

April 25, 2008 · 1 Comment

I have to admit, at first I was a little intimidated by John Kelly’s article in the April issue of Youth Today (subscription only). For starters, it’s about Medicaid, a knotty subject I’ve never been able to untangle. Kelly is a clear writer, though, and I know from chatting with him that he’s got a sharp eye on important juvenile justice issues, so I waded in.

The article highlights the Bernalillo County Juvenile Detention Center in New Mexico, which has tapped state and matching federal Medicaid funds to help establish and support a mental health clinic on campus. The clinic’s comprehensive services, according to juvenile justice reform expert Bart Lubow, are second to none. But wait a second: I thought juvenile offenders aren’t eligible for Medicaid.

That’s the widespread misperception–shared, Kelly reports, by officials in charge of juvenile justice or Medicaid administration in thirty-four states–that the article effectively dispels. Why do so many people share this misperception? I called Kelly on the phone yesterday afternoon to ask him for myself, and also to talk about the issues his smart piece raises. “The initial reading of the clause in the Medicaid rules would lead to that conclusion,” he told me. “It would be safe to assume that those kids would not be eligible. It’s funny: in some states people were surprised that they were eligible, but other people, like people I talked to in Pennsylvania, they’ve been doing this for twenty years. The reality is, you can pull it off.”

What it comes down to, Kelly explained, is the difference between an offender who is in detention after he has been adjudicated (serving a sentence or awaiting placement elsewhere) and a youth being detained before adjudication. The kids who are being treated in the Bernanillo clinic haven’t yet had their court hearing, so they don’t qualify as “inmates.” Bernalillo director Tom Swisstack, Kelly reported, “made the case to the state Medicaid office that the federal definition of inmates excludes anyone ‘in a public institution for a temporary period pending other arrangements appropriate to his needs.’” The Medical Assistance Division of New Mexico’s Human Services Department eventually agreed, stipulating that the youths in Swisstack’s care would be eligible for Medicaid for 60 days. (This is a state-by-state determination; in Pennsylvania, for example, the threshold is closer to one month.)

With the funding Swisstack secured, the majority of which came from tapping the “Medicaid pipeline,” he was able to construct two buildings on site, hire behavioral health therapists and get some of his staff trained to address specialized mental health needs. The result, as of 2001, is a fully functioning, fully funded mental health program that is helping to lower recidivism rates among Bernalillo’s offenders–the rate dropped from 88 percent to 33 percent–and reducing residential care costs. And it’s helping to streamline the adjudication process, too: by the time an offender from Bernalillo arrives in court, he or she is on a treatment regimen and the judge is presented with a set of recommendations developed by a caseworker and mental health professionals who understand the teen’s particular needs.

The trick to getting a program like this up and running, Kelly said, is to demonstrate cost savings not only to the state but also to the healthcare providers. “It seemed like a big deal for Bernalillo to get Medicaid funders on their side, to say, ‘We promise you this will save you money. We will bill you less.’ That’s a good idea, it seems to me. To say to Aetna or whoever, You guys are overspending.”

How does it save money, precisely? What was Bernalillo’s pitch? Basically, Kelly said, it goes like this: “You’ve got this kid who gets into detention, and he’s got a behavioral disorder. He’s destined for a residential treatment center, where they’re going to diagnose him, provide treatment, and he’ll stay for thirty days, maybe longer. Then he’ll get sent out with prescriptions he may or may not be able to pay for. And if he stops taking his meds, he may very well wind up back at the beginning. So you’re paying for a strategy that [Bernalillo is] showing has not had success. This is a system that quickly provides a treatment option that more often than not will be outpatient. And [Bernalillo can] do it in a way that will allow the kid to afford medication, and be more likely to stay out of jail.”

Kelly concedes that the program further blurs an already blurry line between the role of the juvenile justice system and that of mental health providers. Ideally, he argues, “you want these systems separate, but the reality is they’re intertwined right now.” At Bernalillo, “There is a concerted effort to say, ‘Let’s get the kid as far out of the juvenile justice system as possible when he’s in treatment…. They have drawn a clear line between line staff and clinic staff, and there is a liaison between them, so it’s as austere as possible.”

The upshot, complications and challenges notwithstanding, is a more inclusive approach to dealing with troubled teens. “If you start from the premise that juvenile justice tends to be underfunded, and that this is a stream of money that is to some extent is available everywhere, then it’s at least worth looking into. That’s all we were trying to say.”

That, alone, is a lot.

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Willie-Hortoning Obama

April 23, 2008 · 1 Comment

Check out this new anti-Obama attack ad set to run in North Carolina ahead of the May 6 primary. It was put together by Floyd Brown, the genius who brought us the Willie Horton smears against Michael Dukakis back in 1988, so that should give you a sense of what to expect. Turns out Obama coddled gang members when he was a Chicago state senator. He loved ‘em, couldn’t get enough of ‘em, served ‘em dinner on the fine china.

(In fact, in 2001 he voted against expanding the death penalty for gang-related murders; not much of a scandal in a state headed by a Republican governor who had instituted a moratorium on capital punishment a year earlier.)

If Obama is so soft on Chicago gang-bangers, the ad insinuates, imagine how soft he’d be on… international terrorists!

(Hat tip to Nation blogger Ari Berman for the find.)

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The Dock and the Bay

April 23, 2008 · Leave a Comment

A few weeks ago, I wrote a short post about underage prostitutes in Las Vegas in which I cited some eye-opening statistics from a report that had just been released: more than 400 minors were found working as prostitutes in the city in May 2007; almost 1,500 minors have faced prostitution-related charges in the area since 1994; and 157 juveniles were brought in on such charges last year, up slightly from 153 in 2006.

I was troubled by the comments of Las Vegas Family Court Judge William Voy, who adjudicates many of these trafficking victims as delinquents. “These kids don’t really belong in juvenile justice but don’t fit anywhere else in the system,” he said. “They’re out there being victimized but also committing a delinquent act, prostitution. There is no alternative but the detention center.”

I wasn’t sure about the wisdom of that approach a few weeks back, and I’m even more skeptical of it now. “Locking these girls up in detention centers is a good way to ensure that if and when they get out, they’ll have only a limited set of ‘job skills’ to draw on, the same ’skills’ that got them locked up in the first place,” I wrote. “Breaking that cycle should be the first order of business, not punishing them for acts they committed under duress. If the state of Nevada doesn’t have a sensible program for these girls, it should build one.”

Las Vegas officials who share my view should look toward the Bay Area for models to replicate. In the third of what appears to be a weeklong series on the subject, the Oakland Tribune today features a profile of Alameda County Deputy District Attorney Sharmin Eshraghi Bock, who, the paper explains, “is leading a state-wide charge to spare teenage prostitutes and jail their pimps.”

“We treat the girls as victims and deliver specialized services to them, and we prosecute the pimps to the maximum sentences possible,” Bock said.

Bock was the first attorney in the state to prosecute a case using the 2006 law that made it easier to charge people with human trafficking for sex. Since then her office has filed felony trafficking charges against eighty-four pimps; forty-nine of them have been convicted; another twenty-eight cases are pending.

She is also the force behind the Sexually Exploited Minors Network, established in 2003 to provide counseling and assistance as an alternative to detention. And she has reached out to local police officers to train them and earn their support for her approach. “Today, when Oakland police arrest a pimp or a minor involved in prostitution, a social worker advocate is on the scene to deliver counseling to the youngster, while the police consult with Bock–on the scene and throughout the investigation–on what charges to bring against the apprehended pimps,” the paper explains.

Naturally, with any subject so sensitive, there are complications: “Officers try to avoid arresting girls, but may do so to help target the pimp, or because the girls will be safer in juvenile hall than under the coercive tutelage of a pimp.” And, Bock notes, sometimes it can be difficult to prosecute the case if the girl is unwilling, or scared, to testify.

It’s not perfect. But without question, it’s vastly preferable to Voy’s method.

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Lost Boys in Baltimore

April 23, 2008 · Leave a Comment

Caseworkers in Baltimore have lost track of more than 100 of the young offenders they are supposed to be supervising, an internal review by the Maryland Department of Juvenile Services has found. Baltimore Sun broke the story yesterday and ran a follow-up today with responses from local and state lawmakers. Reasons cited include understaffing, which leads to excessive caseloads; lack of resources and training; mismanagement; a culture of bureaucratic chaos; and a general failure of leadership. The DJS investigation is only half done; more failures will likely surface when the review of the 2,000 case files wraps up next month.

So, just to break down the numbers here: A report of 2,000 cases is half done, which means 1,000 cases have been reviewed. Of those more than 100 have been dropped. That means at least 10 percent of the city’s juvenile offenders are falling through the cracks.

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Victoria Lindsay and the “Powder Puff” Girls

April 23, 2008 · 3 Comments

The videotaped beating of Victoria Lindsay, the 16-year-old from Lakeland, Florida, who was assaulted on March 30 by six girls she knew at Mulberry High School, seemed to many people to come out of nowhere. When did girls become so violent, so cruel and so savvy about using images as a means of humiliation? Isn’t all this the province of their maladjusted male peers?

I’m as baffled as the next person by the incident, and I’m still grasping for answers to those and plenty of other questions. But the scenario wasn’t shocking to me. In fact, it immediately reminded me of a similar incident I followed closely a few years ago.

On Sunday, May 4, 2003, a group of girls gathered at a forest preserve in Northbrook, Illinois, to play a game of football. It sounds innocent enough, but the beer-soaked “Powder Puff” game quickly devolved into a ritualized initiation ceremony in which the team of juniors submitted to a torrent of verbal and physical abuse from the seniors. It was tradition, they were told. These were the rules of the game. When the last of the punches, kicks, and swings of the bat were doled out–and after the buckets of paint, feces and pig intestines had been dumped–five girls were sent to the hospital, one with a broken ankle and another with a head wound. The entire episode was caught on tape by the boys on the sidelines, who promptly sold the footage to the local news. Fifteen of the students involved (twelve girls, three boys) were called to Cook County Circuit Court on misdemeanor battery charges–all of them were found guilty. Parents Christine Neal and Marcy Spiwak were also found guilty for providing the teens with two kegs of beer and a place to drink in the hours before the game.

The story probably wouldn’t have made the headlines if it didn’t feature a group of girls acting so viciously at such a young age, and it certainly wouldn’t have circled the globe if the boys hadn’t participated as cameramen. Once the tapes were released, though, the audience pounced on the chance to respond. Here, in one neat package, were entry points into broad discussions about the voyeurism and schadenfreude of reality TV; moral passivity and the obligation to intervene; suburban teen violence in the post-Columbine era; male fears of female empowerment; the simultaneous glorification and stigmatization of youth; and on and on. Reactions varied wildly from curiosity to revulsion, bafflement to condemnation, casual dismissal of a nonevent to bold pleas for drastic punitive measures. It was like a cultural Rorschach test: we projected our anxieties onto the Powder Puff girls, and they reflected them back to us.

I was fascinated by the story and its reception, in large part because I grew up in Northbrook but also because I was intrigued by the connections between adolescent girls and hazing, an activity I had associated with older males (fraternities, the military). After the story receded from the national headlines I stuck with it; I wanted to probe deeper into the gender angle, which struck me as particularly significant and puzzling. The attack on Victoria Lindsay has prompted me to revisit the material I compiled a few years ago when the Powder Puff story broke. I’m presenting some of it here because I think it’s relevant and may be useful to others trying to understand the broader issues at play.

One of the hazing experts I spoke with in 2003 was Elizabeth Allan, a professor in the College of Education at the University of Maine. “I’ve seen this pattern emerging in sororities and girls’ athletic teams for a number of years,” she told me. “For me, it’s about the power of masculinity. We live in a culture where aggressive masculinity is taken as normal, and it’s accorded status in politics, economics, the workplace. Girls want to feel powerful, and it makes sense that they would take on masculine behaviors in order to achieve. The ways in which girls are taught to behave, to sit quietly in class and fit into particular expectations of femininity, definitely shaped the way these girls acted out and the ways in which the rest of us understood what happened.”

Richard Martini, an adolescent psychiatrist at the Children’s Memorial Hospital in Chicago, interpreted the eruption of violence among the Northbrook girls in a similar manner. “I think it has to do with the changing expectations of women,” he said. “More doors are open, and with that, the boundaries of what is appropriate get stretched.” In his practice, Martini had noted a recent spike in aggression among teenage girls, and he pointed to Northbrook as evidence corroborating his claim that more girls are getting involved in physical misconduct than ever before–“more fights, more overt violent behavior that has previously been associated with boys.”

In 2000, a team of researchers at New York’s Alfred University conducted a survey that focused on initiation rites in American high schools. According to the report, almost half of high schoolers claimed that they had been subjected to hazing, and the majority of those hazed said that they suffered negative consequences as a result. Predictably, the greatest number of incidents involved athletic teams, though almost every type of extracurricular group was cited. Boys were found to be more susceptible to hazing than girls, but girls were consistently involved in hazing at all three demarcated levels: 39 percent of the girls reported participation in “humiliating” hazing (compared to 48% of boys); 18 percent acknowledged substance abuse (24 percent); and 17 percent were involved in “dangerous” hazing (27 percent).

“I think hazing is pretty common among adolescents,” Martini suggested. “One of the problems, though, is that the desire to belong to a group is so strong at that age that they don’t acknowledge it as dangerous.” Allan suspected not only that rates are increasing but also that the intensity of the behavior has escalated.

“I don’t know is if there is an upsurge or if the code of silence is finally being broken, but I suspect the latter,” said Jeffrey Gershel, a professor of clinical pediatrics at Jacobi Medical Center in the Bronx. Gershel published his own study, “Hazing of Suburban Middle School and High School Athletes,” in the May 2003 issue of the Journal of Adolescent Health. He found a lower number of incidents than the team at Alfred University–17.4 percent of those surveyed reported participation, compared to nearly half–and discovered that rates were practically equal for boys and girls at all grade levels (his report, which investigated student athletes in grades six through twelve, was the first to consider pre-teens in this context). “Cheerleaders had the highest rates,” Gershel said. “Girls were more likely to be asked to do something, like dress up in a stupid outfit, and the boys were more likely to have something done to them.”

Lindsay was a cheerleader, true, but her story is certainly not about hazing. She did not willingly submit to her abuse, as the Northbrook girls did. She was ambushed and cornered and assaulted by erstwhile friends. This crucial difference perhaps explains the difference in the severity of the punishments: whereas the Powder Puff girls got off with misdemeanor battery charges, the girls in Florida are being charged as adults with felony battery and could face life in prison. (This also says something about the juvenile justice system in Florida compared with that in Illinois.) The parallels between these two cases aren’t perfect, of course. But the stories, I think, do overlap. Certainly they raise related questions. It’ll only be a matter of time, I’m afraid, before another case poses these questions anew. All the more reason to keep searching for answers.

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Houston (Palm) Oilers

April 21, 2008 · Leave a Comment

When you think of cronyism, you don’t immediately think of public defenders. They just don’t seem to fit the profile, for some reason. But an analysis by the Houston Chronicle has found that an elite, favored inner circle of local public defenders, all of whom provide financial contributions to support the judges who dish out public defense appointments in the area, regularly receive nearly half the tax-funded appointments to represent poor defendants in juvenile court. Some of them are pleading 400 cases a year, twice as many as recommended by the National Advisory Commission on Criminal Justice Standards and Goals, and hauling in up to $200,000 a year.

Two top earners, Oliver Sprott Jr. and Glenn Devlin, together earned $1 million from taxpayers since 2005. Both attorneys are longtime friends of Judges John Phillips and Pat Shelton–who, in turn, received more than 90 percent of their campaign contributions from the attorneys they appoint.

Read the report here.

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