JUVENILE JUSTICE

 
 
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Campaign for Youth Justice 

January 2012 Newsletter
The Campaign for Youth Justice is a national organization dedicated to ending the practice of trying, sentencing, and incarcerating youth under the age of 18 in the adult criminal justice system.
 
In This Issue
SPECIAL ANNOUNCEMENT
ACROSS THE COUNTRY
NATIONAL MOMENTUM
FEDERAL UPDATE
MEDIA WRAP
RESEARCH
NPC UPDATE
VOICES
ON THE CALENDAR
TAKE ACTION, SPREAD THE WORD
HOW YOU CAN HELP
CAMPAIGN STRATEGIES AT A GLANCE
EXTRAS
Join Our Mailing List! 
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Quick Links
 
   
 

  

SPECIAL CFYJ ANNOUNCEMENT 
The Campaign for Youth Justice is excited to announce the anticipated launch of a new blog. Starting this spring, we will be disseminating information about state campaigns, federal issues, media, strategies and personal stories on the blog to provide you with more timely updates on youth tried as adults and juvenile justice issues around the country. 

More information to come next month! 

 

           

  

ACROSS THE COUNTRY

State Trends Map

  

 

Legislative Session Kicks Off in ColoradoColorado

The Colorado Juvenile Defender Coalition (CJDC) is spearheading a legislative effort to reduce the number of youth in the adult criminal justice system. CJDC is supporting two bills this session. One bill addresses the pre-trial detention of youth being charged as adults. The second bill provides eligibility and a transfer hearing for youth being tried as adults through Direct File, the transfer mechanism which provides prosecutorial discretion to file criminal charges against youths directly in adult criminal court. In addition to the legislative efforts, CJDC will also be releasing a policy paper about Colorado's direct file law. The release of this report is scheduled for February 15, 2012.

For more information and CJDC's Statement of Principles, visit: http://cjdc.org/wp/juvenile-justice-policy/direct-file/statement-of-principles/.

If you are interested in being involved in the campaign, please contact Francoise Mbabazi at 303.825.0194 or francoise@cjdc.org. Please visit the website to learn more: www.cjdc.org.

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Advocates Testify on Status of Youth in D.C.'s Adult Criminal Justice SystemWashington, DC

At the December 15, 2011 confirmation hearing for Mayor Vincent Gray's nominee to head up the D.C. Department of Corrections, Thomas Faust, advocates testified about the status of D.C. youth in the adult criminal justice system.

Eddie Ferrer of DC Lawyers for Youth (DCLY) and Liz Ryan of the Campaign for Youth Justice (CFYJ) testified about the inhumane conditions of confinement at the Central Treatment Facility (CTF), an adult jail where youth in adult criminal court are housed pre-trial and post-conviction (until the age of 18).

"I urge the committee to obtain a commitment from Mr. Faust before he is confirmed that he will substantially overhaul the management and conditions of the Juvenile Unit at the Central Treatment Facility," stated Liz Ryan in her testimony. "This committee must also put in place measures to ensure the meaningful and on-going input of the youth and families who are affected by the justice system on DOC operations."

Copies of the testimony are available at: http://www.cfyj.org/documents/ T_EF_DOC_12_5_11.docx.  

To get involved in the D.C. reform effort, contact DCLY at: www.dcly.org.

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Find Your Nearest Campaign!

For contact information from campaigns in individual states, visit the Campaign's State Contacts page available at:  
 

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NATIONAL MOMENTUM

Make Youth Justice Awareness a National Issue!

 

Has anyone ever told you that they did not know that youth were tried as adults in the United States? Do you want to take action and help spread the word about the more than 250,000 youth in this situation every year? Participate in the 2012 National Youth Justice Awareness Month (Y-JAM), which consists of events throughout the country every October. Last year, events included film screenings, documentary productions and premieres, 5k walk/runs, community days, marches, poetry slams and more in 15 states throughout the country. 


Y-JAM began five years ago when Parent Tracy McClard planned and hosted a 5k walk/run in her hometown in Missouri to draw attention to the little-known issue of youth tried as adults. Her son Jonathan committed suicide the year before in an adult facility. McClard hopes to spread the movement to all 50 states in order to educate the public and lawmakers about the inhumanity and detrimental effect of this practice. 


For more information on Y-JAM activities and for materials to help you host an event yourself, visit: http://www.cfyj.org/change-the-system/national-youth-justice-awareness-month.html

 

If you would like to get more involved, plan or participate in an event this year, please contact Leah Robertson at Lrobertson@cfyj.org.   

 

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FEDERAL UPDATE
Prison Rape Elimination Act (PREA) Update
U.S. Capital Picture

As the Office of Management and Budget is considering final regulations on the Prison Rape Elimination Act (PREA), it is crucial that President Obama and officials hear from the field on the importance of finalizing these regulations soon and ensuring that the final regulations ban the placement of youth in adult jails and prisons. Regulations are expected to be issued in early 2012.

PREA was signed into law by President Bush in 2003 to address sexual violence behind bars. The creation of the National Prison Rape Elimination Commission (NPREC), a bipartisan federal commission charged with developing national standards to address prisoner rape to be later ratified by the Attorney General, was a key component of PREA. From 2004-2009, the NPREC held public hearings and had expert committees draft the standards. The U.S. Department of Justice (DOJ) released the NPREC standards for public comment in 2010 and developed their proposed rules in 2011. Unfortunately, the proposed rules do not protect youth in adult facilities.

If you haven't already, please consider contacting the President by visiting: http://www.change.org/petitions/tell-the-congress-to-end-rape-of-youth-in-adult-jails-and-prisons. 

For additional information on PREA, visit: http://www.cfyj.org/navigate-the-system/current-campaigns-/preac.html

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Attorney General's Task Force to Hold Hearings

In March 2012, the U.S. Department of Justice will hold the third in a series of national public hearings across the country as a part of the Attorney General's National Task Force on Children Exposed to Violence in Miami, FL. The task force is part of the Attorney General's Defending Childhood initiative, a project arising from the need to respond to the epidemic levels of exposure to violence faced by our nation's children. 

Over the course of the next few months, the Task Force will learn from practitioners, policymakers, academics and community members about the extent and nature of the problem of children's exposure to violence in the United States, both as victims and as witnesses. The task force will also identify promising practices, programming and community strategies used to prevent and respond to children's exposure to violence.

This is an opportunity to ask the Attorney General to advocate for the removal of juveniles from adult jails and prisons. Please submit written testimony or a letter advocating putting an end to the violence against children in adult jails and prisons by emailing defendingchildhoodtaskforce@nccdcrc.org or send a hardcopy to:

NCCD, Attn: Defending Childhood Task Force
1970 Broadway, Suite 500, 
Oakland, CA, 94612

To see sample testimony, visit: http://www.cfyj.org/other-testimony.html

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President's Budget to be Released on February 13th

Right now, President Obama is finalizing his proposed federal budget for fiscal year (FY) 2013. In this budget, the President will make recommendations to the Congress for key federal juvenile justice funding programs, including Title II and Title V of the Juvenile Justice and Delinquency Prevention Act (JJDPA) and the Juvenile Accountability Block Grant (JABG) program.

The President will make his proposed budget public on February 13, 2012. After that, Congressional appropriators will determine whether and how they wish to modify the proposed funding levels.

For more almost 40 years, federal juvenile justice funds - which total less than $350 million on average each year - have incentivized and enabled states and localities to reduce delinquency, improve community safety, enhance community-based treatment and services and ensure that youth who come into contact with the court are treated fairly and effectively. Over the last 10 years, however, funding for these programs has been cut by 80%! Urge the President to include no less than $175 million for juvenile justice programs in his FY 2013 Budget Request: 80 million for Title II of the JJDPA, $65 million for the Title V of the JJDPA, and $30 million for JABG.

We must stop these cuts! Federal funding, available to all states and jurisdictions, is vitally needed to keep youth and communities safe and to continue the decline in rates of delinquency.

Please send an email to:

Urge your friends, colleagues and allies to email as well!

Let's make sure President Obama restores federal funding for juvenile justice.

Thank you!
To get involved in advocacy efforts on the federal budget, contact Greg Johnson at gjohnson@cfyj.org.

 

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MEDIA WRAP
JJDPA Cake
New York Screening of Young Kids, Hard Time

On January 13, Calamari Productions and MSNBC hosted a screening of Young Kids, Hard Time at the NBC bureau in New York City. More than 100 people attended, including system stakeholders, lawyers, advocates, former judges, and reporters. Similar to the premiere in Washington, D.C. last month, Karen Grau of Calamari Productions welcomed the audience and introduced the Honorable Judith Kaye of New York to make opening remarks. Judge Kaye was appointed by Governor Mario M. Cuomo to the high court of the State of New York, the Court of Appeals, in 1983, becoming the first woman to occupy that post. Judge Kaye pointed to the overwhelming research - including brain development - that kids are not adults, and the laws need to change. Currently, New York can prosecute youth as young as 13 in adult court. In addition, New York is one of two states that still treats 16- and 17-year-olds as adults, regardless of the crime.

After Judge Kaye spoke, Grau introduced many special guests, including members of the MSNBC team, before the film started. After the screening, a panel of experts shared their reactions to Young Kids, Hard Time as well as fielding questions. Professor and former Federal Prosecutor Miriam Aroni Krinsky discussed the problems that this film sheds and the work CFYJ is up to. 

The next speaker was Gladys Carrion, who was appointed Commissioner of the New York State Office of Children & Family Services in 2007. She was amazed that we charge so many kids as adults and explained that she supports a "Raise the Age" campaign in New York. She was very passionate about this issue and was blown away to see 12-year-old, Paul Gingerich highlighted in the film. She also addressed the ethnic and racial disparities in the justice system, noting that when she walks through her facilities, everyone is either black or brown.

Another former judge, Michael Corriero, Executive Director and Founder of the New York Center for Juvenile Justice, was fired up after watching the film. He currently is working to raise the age of juvenile court jurisdiction in New York and read a powerful letter that he received from a person whom he sentenced many years ago. The theme of the letter was that people change while incarcerated, and the parole board never takes that into account. They always look at the crime and who you WERE and not who you ARE today. The offender kept mentioning that he and his friends would try really hard to change and then were denied. Some of them finally gave up. He was looking for Judge Corriero to help change this process.

Other panelists included Vincent Schiraldi, Commissioner of the New York City Department of Probation and Michael Dempsey, Executive Director of the Division of Youth Services for the Indiana Department of Corrections. Schiraldi spoke about how other countries are appalled at how we treat our youth. He said that the facilities shown in the film actually look nicer than many adult jails and prisons he has seen. Dempsey mentioned that he is currently working on blended sentencing legislation in Indiana. Dempsey wishes he could house all of the young kids in the juvenile facility. Dempsey fought to keep Gingerich, who is being tried as an adult, under the juvenile system until his case is resolved in the Indiana State Supreme Court. 

Lastly, Grau introduced Malik, the only young person in the audience, who was charged as an adult at the age of 16 and spent time in Rikers. He was able to give everyone first-hand knowledge of what goes on in the system and agreed with many of the panelists. In addition, he spoke about the consequences of having a felony on your record. Malik is currently working with the Children's Defense Fund on their "Raise the Age" campaign.

Young Kids, Hard Time is available for purchase on the Calamari Productions website or if you would like to borrow a copy for a screening in your town, please contact the Campaign.

 

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Juvenile Justice Matters Wrap up

This month, Juvenile Justice Matters interviewed Attorney David Steinhart on California's budget issues and the risks these issues pose in closing down current juvenile prisons. Steinhart, who serves as the Director of the Commonweal Juvenile Justice Program, has helped ensure that youth stay out of the adult system and are placed into mental health programs and other juvenile facilities. He has helped legislators create policies that give millions of dollars to counties throughout the state for juvenile justice alternatives to confinement. Steinhart describes the current debate as controversial, noting that the closure of these state juvenile prisons would "get rid of the cost, get rid of the headache." However, Steinhart, amongst others, worry that shutting down this system would allow prosecutors to send more kids into the adult system with less rehabilitative options. He mentioned that the current juvenile prisons, also known as "big warehouses for kids," just don't work. If these juvenile prisons are closed, protections must be instituted for these youth by "expanding the age of jurisdiction locally, creating some other confinement offers for kids that are older with more serious offenses who can't mingle with kids younger than 18, and then finally perhaps creating some fiscal penalties for exceeding certain levels of prosecuting in an adult court." California remains concerned about these kids, and if the budget is cut, "the closure needs to be packaged with protection" for these young offenders. Rates of juvenile justice cases have dropped increasingly from 10,000 youth in the system in 1995, to only 1,100 kids in the system today. Only about 300 kids go into the current system annually, which as Steinhart says, "makes this an approachable problem" to design appropriate programs for these few hundred kids. "Smaller, closer to home, more treatment oriented dispositions for even serious juvenile offenders works better."

To listen to this and many other radio shows, please visit: www.blogtalkradio.com/jjmatters. 

 

 

 


  

RESEARCH

National Center for Youth in Custody 

 

In 2011, the Office of Juvenile Justice and Delinquency Prevention (OJJDP) awarded funding to the Council for Juvenile Corrections Administrators (CJCA) and the National Partnership for Juvenile Services (NPJS) to develop a Center for Youth in Custody. CJCA and NPJS in partnership with OJJDP and the National Institute for Corrections (NIC) are hoping to advance the field and serve the youth and families of those in youth detention services, youth corrections services and those in adult jails and lock ups.


Please take a moment to review the site and subscribe in order to stay current and receive information about activities, events and resources that may be available to assist you in your daily efforts to improve upon the field.

 

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You're an Adult Now: Youth in the Adult Criminal Justice Systems


On January 5, 2012, the National Institute of Corrections (NIC) released a new report on youth in the adult criminal justice system, "You're An Adult Now: Youth in the Adult Criminal Justice Systems," authored by Jason Ziedenberg. The report addresses the information gap in how adult corrections systems are managing the youth offenders in adult jails, adult prisons and community corrections. NIC convened three dozen juvenile justice and adult corrections experts on June 18, 2010, to consider some of the known issues, impacts and opportunities that face corrections systems as they work to safely and effectively rehabilitate thousands of youth offenders in the nations' jails, prisons, probation and parole systems in order to compile information for the report. This monograph presents the key findings identified during this convening of experts. The publication is comprised of six sections:

 

  • an executive summary; 
  • what is known about the issue of juveniles in the adult corrections systems and where there are gaps in data collection and information; 
  • what the issues, impacts and options are facing public safety systems when youth are awaiting trial on adult charges, when youth are convicted, and committed to the adult system; 
  • when youth convicted in adult court are on probation or parole; and
  • a conclusion. 

 

Author Jason Ziedenberg says, "By tapping into some of the leading experts in the field, this paper identifies some of the challenges facing corrections when young people are transferred to the adult court, and recommends policies and practices that can help young people successfully transition to adulthood, improve system outcomes, and improve public safety." The paper demonstrates how corrections and the entire public safety system need to focus on the successful strategies to curb delinquency and embrace positive youth development. 


The report is available online at: http://www.cfyj.org/documents/FR_NIC_YAAN_2012 and http://nicic.gov/library/025555

 

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New Legislative Guide from the Campaign


The Campaign for Youth Justice has released a new Legislative Guide (http://www.cfyj.org/advocacy-resource-center/campaign-tools.html#legguide) to help you contact your legislators. This guide shows you how to educate your legislators and includes plenty of sample materials and templates make contacting your legislator easy and effective.     

 



NPC UPDATE

Gail Tyree Special Guest on National Parent Caucus Monthly Call

 

Gail Tyree of Grassroots Leadership, a southern-based organization in North Carolina that works to end for-profit incarceration and reduce reliance on criminalization and detention, was our guest speaker for the National Parent Caucus monthly call in January. Tyree has been working with communities and labor organizing for the last 25 years. She now has a Soros Fellowship for Grassroots Leadership and is creating a network of organizations and individuals in the southeast U.S. to respond quickly and effectively to stop for-profit prisons, jails, or detention centers from moving into their communities.


For the last 10 years, Gail has been working to stop private prisons from coming into the communities. Every time one crops up, someone from Grassroots Leadership goes to that community and begins organizing the community to stop them from building the private prison.


Private prisons lobby for tougher laws to get more children into their facilities. They also generate their product by not only providing few rehabilitative services, but also encouraging kids to engage in delinquent behavior, and subsequently, they make money off our children's increased incarceration. 

 
Grassroots Leadership is willing to partner with almost any organization that wants to stop the opening of a private prison. If you are looking to build a coalition to stop the building of a private prison you should start with the people who are closest to the issue, and always involve the people who are most invested.


For more information about private prisons in your communities, please contact Gail Tyree at Gailtyree@aol.com.

 

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If this story has touched your heart or you feel empowered to be a juvenile justice advocate, please consider joining the National Parent Caucus (NPC). The NPC has a monthly call the first Thursday of each month. We invite anyone who cares about the well-being of children involved in or at risk of becoming involved in the juvenile or criminal justice system to join us on this call.  
 
For more information about Gail Tyree's story or the National Parent Caucus, please contact Shanta' Gray, Program Coordinator of the National Parent Caucus at sgray@cfyj.org

  

  

  

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VOICES

Hand writing on paper

Michael Kemp is a formerly incarcerated youth and a fellow for the Campaign for Youth Justice. He is also a Re-entry Coach for the Free Minds Book Club & Writing Workshop. He was recently honored by the Washington Peace Center for his activism in D.C. at the Activist Awards Grassroots Gala. Mike writes an article about his experiences every month. This month, he reflects on starting over. 

A New Year 2 Start Over

By Michael Kemp

 


As I say my good byes to 2011, I greet this New Year with a stronger sense of determination and hope to reach my goals and aspirations. That means trying new things, meeting new people, and going new places. If the old way of things isn't working, it's time to start over and try something new. Like they say, "If you do what you've always done, you'll get what you've always got."


I know I was given another chance to make this year better than the last because I'm doing something productive and positive to help me progress with my future. I look at it from two perspectives. Someone who comes from the same background as me could see me as an example of making a change for the better and better themselves. Also, an elected official or one of his or her staff could see me and understand that it's better to give a young person a chance to succeed with opportunity rather than caging their potential behinds bars. If you look at me, you'll see that given the opportunity, I excel. Imagine if everyone was given a chance to start over. 


It's never too late to start over no matter where you are in life. It just depends on when you decide that time is. When I was incarcerated, I read a book called Do You! by Russell Simmons. At the beginning of each chapter, there is a saying or quote. As I write this, there's one that I believe really resonates with this topic. It said, "I've heard of Monday, Tuesday, Wednesday, Thursday, and Friday. But I've never heard of Someday." -Revered Ike. I hope this quote inspires you as it has me. Instead of waiting another second, start today. Do something new. It could be anything: eating healthy, finding a new job, spending more time with your family, or even changing the law that allows youth to be brought into the adult criminal justice system. I'm just saying we have to start somewhere right? Why not start with today?
Well, with all that being said it's never too late to write a new chapter in your life or the lives of others...


Michael Kemp @ Campaign for Youth Justice

 

For more articles from Michael, visit: http://www.cfyj.org/e-newsletter.html   

  

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The Campaign would like to thank every person who donated to the Holiday Book Drive in December. With your help, we were able to purchase four books for each of the 40 youths at the Central Treatment Facility (CTF), an adult jail in D.C. As seen above, these books make a huge difference in the lives of these youth.

 

Thank you so much for your generosity and support.

 

Neelum Arya

Carrie Blewitt

Pauline Cao

Rashawn Carroway

Mike Casella 

Jennifer Collier

Allison Conyers

Amy Fettig

Daniel Guttman

Dale Harris

Erin Haskell

Nancy Gannon Hornberger

Byron Jamal

Jody Kent

Troy Lilly

Willie Lyles

Katayoon Majd

Wally Mylniec

Elaine Nelson

Alan Pemberton

Lucia Pollock

James Puzo

Leah Robertson

Jake Rogers 

Lianne Rozzell

Timothy Ryan

Dana Shoenburg

Mark Soler

Jason Szanyi

Shannon Thompson

Phillip Wallace

Deborah Weinstein
Patrick Wojahn
Jason Ziedenberg


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ON THE CALENDAR
Calendar dates
Mark Your Calendars for Some Upcoming Events!

 

Save the Date

 


March 5-11, 2012

Healing Justice Coalition Invites you to join in celebration of Juvenile Justice Week of Faith and Healing (JJWFH) 2012!

Participate at your own place of worship through prayer, service and action to raise awareness on the needs of victims, incarcerated children and families of both.

Last year in California over 300 faith-based organizations and schools participated in JJWFH 2011. Take a look at some of the activities from that event!

Visit the website for materials and ideas on how your congregation can be a part of this annual event that benefits some of our most marginalized youth.   

 

  

  


TAKE ACTION, SPREAD THE WORD 

Host a Film Screening and Film Review

By Nikki Roth

A film screening is a great way to raise awareness about the issues surrounding youth justice and stimulate thoughtful discussion at an event. A powerful film will help viewers better understand and more deeply identify with the harsh treatment of youth in the adult criminal justice system by giving the issue a face and a personal story. Moreover, films call attention to critical issues, and a film screening is the perfect place to discuss provocative questions and motivate and inspire viewers to be youth justice advocates.

The Campaign has a list of film recommendations about youth prosecuted as adults and about youth justice issues in general. As a fellow at the Campaign and in order to better educate myself about youth prosecuted as adults, I viewed the film Juvies. The film features 12 youth who are all being tried as adults for many different crimes that vary in severity. The director of the film taught a video production class to the youth, who played a major role in the production of the film.

I found this film to be incredibly thought-provoking and powerful. It called attention to issues that are ignored far too often. For example, the film addressed the lack of standards in sentencing young people in the adult system. Two young women, Liz, a Caucasian woman, and Sandra, an African-American woman, committed very similar crimes but received drastically different sentences. Liz received a sentence of 11 years, while Sandra received a sentence of 27 years to life. These inconsistencies impact young people tremendously. While Liz prepares for her life on the outside, Sandra has little hope for her future.

In my opinion, the way the youth excelled in the video production class was the most powerful message in this film. The director taught them everything from operating the camera to conducting an interview. The youth seemed to genuinely enjoy the opportunity to learn and work on a project. This speaks loudly to the overall message of rehabilitation rather than punitive measures. Instead of them being cast off from society, had the youth been given an opportunity to focus their time and energy in a productive way, maybe their condition would be different.

These are just a few of the many interesting and poignant issues that the film raises. I highly recommend this film for anyone who is interested in youth justice, whether they are new to the cause or have been advocating for years. Additionally, a discussion of the film would be a great forum for discussing the issues as well as brainstorming ways to act and advocate for youth in the adult criminal justice system.

  

 

 

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Host Your Own Film Screening 

 

Are you interested in raising awareness and/or learning more about the impact of prosecuting youth in the adult criminal justice system? By hosting a film screening, you will be the catalyst for change. You can use these screenings just to learn more, or to raise awareness, recruit volunteers, and educate legislators. Hosting a screening is easy, important and a great way to educate others about this atrocity. Our Recommended Film List and House Party Kit include a list of films to watch, a sample invitation, a planning checklist, and ideas to make your party personal and fun.

 

Click here for a list of films.

 

Click here for information on how to host a house party film screening. 

 


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HOW YOU CAN HELP

13daysleft

The momentum for change must continue! With your help, we can expand grassroots campaigns on the ground in new states to show support for reform.

To launch grassroots campaigns in new states in 2012, we have initiated the "12 by 12" Campaign to raise $12,000.


Please consider donating $12 and inviting 12 of your friends to each donate $12.

To donate, go to http://www.cfyj.org/donate.html.

Tell 12 friends about the "12 by 12" Campaign by forwarding this email.

Let's work together to stop these inhumane, unjust and ineffective policies!

Thank you for your time and consideration!

 

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CAMPAIGN STRATEGIES AT A GLANCE

Take Action at the Campaign Resource Center! 

by Liz Ryan 

 

We are asked regularly why we take a campaign approach to ending the practice of prosecuting youth in adult courts and thought we'd start a series of conversations in our newsletter to discuss all the various aspects of a "campaign."

 

If you're interested in taking action and need information on how to start a campaign in your state, you should check out The Campaign Resource Center on CFYJ's website. The Campaign Resource Center features tips and tools for getting started, engaging constituencies, setting goals and benchmarks, as well as documenting and celebrating your campaign successes! Tips and tools are available at: http://www.cfyj.org/advocacy-resource-center.html. Additional toolkits, guides and talking point are online at: http://www.cfyj.org/advocacy-resource-center/campaign-tools.html.

 



EXTRAS

Angella Bellota - State Field Organizer

Angella Bellota joins the Campaign for Youth Justice as the new State Field Organizer. Angella provides technical assistance to targeted state campaigns aiming to end the prosecution of children as adults. She is currently providing technical assistance to North Carolina's "Raise the Age" campaign, with a focus on grassroots mobilization, coalition building and public education.


Prior to joining the Campaign, Angella worked at Action for Children North Carolina, a state-level children's policy and research organization. In her capacity at Action for Children, Angella led the Research and Data team with developing child well-being publications in order to educate and engage policy makers and the general public. Her expertise and experience lead the organization to prioritize issues affecting children of color, resulting in Action for Children's first publication about children of immigrant families. She also led community outreach efforts and assisted in developing and implementing state and local strategies to build public will for campaigns around juvenile justice, education and health in under-served communities. She graduated from California State University, San Bernardino, receiving a BA in Sociology with a minor in Ethnic Studies. She completed her master's degree in Sociology from North Carolina State University, with a concentration in social inequality.

Nikki Roth - Fellow
CFYJ would like to thank Nikki Roth, our winter Fellow. Nikki is a senior at the University of Delaware where she is studying political science, interactive media, and Black American studies. She was part of a month-long experiential program through the University of Delaware. She helped the communications staff with the development of new media strategies. In her free time, Nikki loves live music and being active.  

 

 
 
 
This email was sent to clair@visionof-hope-prison-ministry.org by lrobertson@cfyj.org |  
Campaign for Youth Justice | 1012 14th Street NW, Suite 610 | Washington | DC | 20005



 

  

Campaign for Youth Justice

 

 

TODAY- Jan 5, 2012 - is Juvenile Justice Action Day

 

 

The Federal budget includes drastic cuts to juvenile justice. Please take a few minutes to call or email  President Obama to make sure the White House recognizes the importance of supporting juvenile justice!

 

Please call the White House at 202-456-1111 or submit an email via: http://www.whitehouse.gov/contact/submit-questions-and-comments and urge President Obama to:

 

1)    Appoint an OJJDP Administrator NOW; and

 

2)    Support a budget of no less that $175 million for juvenile justice programs in Obama's FY 2013 Budget Request:

 

  • $80 million for Title II of the JJDPA
  • $65 million for Title V of the JJDPA; and
  • $30 million for JABG

 

See the linked materials and forwarded email below for further guidance and background information.

 

2011 Federal Funding Fact Sheet

CJJ Historic Federal Funding Chart

White House JJ Call-in Day - January 5, 2012

 

 

 

 

January 3, 2012

www.act4jj.org

Jan. 5, 2012 is Juvenile Justice Call-in Day -- Please Call President Obama!

 White House comment line: 202-456-1111

 (9 am - 5 pm EST, Thursday Jan 5)

Please note, you may experience a wait when calling. If you prefer,

please send an email fashioned from the sample call script to:

 

http://www.whitehouse.gov/contact/submit-questions-and-comments 

 

Urge your friends, colleagues and allies to call too!

Let's make sure President Obama restores federal funding for juvenile justice.

 

  

President Obama will release his Budget Request for FY 2013 in early February 2012.  While federal juvenile justice funding remained intact in FY 2012, the final appropriations bill made dramatic cuts to critical programs proven to reduce delinquency, protect youth in custody and improve community safety.

On Thursday, January 5, 2012, we ask you and your members, colleagues and allies, nationwide, to reach out to the President and urge him to put strong federal juvenile justice funding into his FY 2013 Budget Request, to provide states and localities with the core support needed to protect youth, families and communities.

Attached is a flyer with draft talking points and call-in information. Also attached, as background, are a federal funding chart that shows the dramatic decrease in funding for juvenile justice since 2002 and a fact sheet that more fully describes what is at stake.

Please distribute this message far and wide.

Please call the White House on Thursday January 5 and urge your friends, families and allies to call as well!

Let's make sure President Obama restores federal funding for juvenile justice! 

Thank you, and Happy New Year!    --  ACT-4-JJ Campaign

  

  

 
The Campaign for Youth Justice is a national campaign dedicated to ending the practice of trying, sentencing and incarcerating youth under the age of 18 in the adult criminal justice system. 
 
Campaign for Youth Justice | 1012 14th Street NW, Suite 610
Washington, D.C. 20005
202-558-3580
 
 
 
 
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Boston Globe By Sarah Favot, Kirsten Berg and Jenna Ebersole | New
England Center for Investigative Reporting December 27, 2011

Antonio Fernandez is serving life without parole for a slaying he
committed when he was a teenager. Six other Massachusetts youths have
received the maximum penalty for slayings they committed before they
turned 17.

One 16-year-old went looking for marijuana at a Brookline High School
graduation party and shot the guest of honor in the chest when he got
a racial slur instead. The other 16-year-old stabbed a man 23 times
inside his Springfield apartment, returning the next day to steal
things from the victim’s home as his body lay nearby.

Both crimes were horrific, but the punishments were strikingly
different. The teen convicted in Springfield, Edgardo Rodriguez,
accepted a plea deal for the 2004 killing of Joel Rivera Delgado that
allows him to potentially walk free within the next decade.

The other teen, Antonio Fernandez, took his 2002 Brookline case to
trial and lost, receiving the harshest juvenile sentence Massachusetts
permits - the harshest in the country, in fact - for shooting Perry
Hughes: life in prison without the possibility of parole. Until then,
Fernandez had never been charged with anything worse than stealing
video games. Now, he is sentenced to remain in prison until he dies.

The two cases illustrate the profound inequities that have grown up in
the juvenile justice system since passage of a 1996 law aimed at
cracking down on juvenile “super predators’’ by requiring them
to be tried in adult court, an investigation by the New England Center
for Investigative Reporting has found.

Before the change, teenage murder defendants were sometimes tried in
juvenile court, where, if convicted, they could be sentenced to serve
only until age 21. Now such teenagers as young as 14 can be sentenced
to life without parole.

Seven Massachusetts youths have received the maximum penalty for
slayings they committed before they turned 17. But in only two cases -
a fatal beating with hammers and the stabbing of a stranger in a
school restroom - did their crimes approach the cruelty of the
Somerville teen who inspired the law, Eddie O’Brien. He stabbed his
best friend’s mother 97 times in 1995, continuing to slash her long
after she had suffered mortal wounds.

Four of the teenage lifers acted impulsively, settling petty disputes
with lethal attacks, the review of murder cases shows. Fernandez, for
instance, had pedaled his bicycle to the graduation party and later
snapped when guests turned hostile, witnesses said. Only two of the
seven lifers had a record of violent crime, the investigation found,
and two had no criminal history at all.

Meanwhile, more than 60 other teens charged with murder since 1996
have escaped the maximum sentence, court records show, often pleading
guilty to a lesser crime such as second-degree murder, making them
eligible for parole. Yet, many of these youths committed shocking,
grisly crimes; one was convicted of beating a 2-year-old to death.

A review of these cases found no obvious pattern to explain why some
killers got life without parole and others got lesser sentences. What
is clear, however, is that the law has not been applied consistently
to the most grievous murder cases. Juveniles whose crimes approach the
cruelty of O’Brien’s have escaped the harsh sentence, while
spontaneous acts of violence by teenagers with little prior record are
punished with life behind bars.

“We’d like to reserve the maximum penalty for the worst cases, for
the most dangerous individuals,’’ said James Alan Fox, a
Northeastern University criminologist and a critic of the current
system. The seven teens who got life without parole “do not appear
to be the worst cases.’’



MASSACHUSETTS is the only state in New England to impose life without
parole on juveniles in the past 15 years. Nationally, at least six
states have abolished similar laws, making Massachusetts a target of
criticism even from law-and-order Texas, where legislators recently
repealed life without parole for juveniles.

The Bay State is “meting out unequal justice’’ to teenagers,
declared Texas state Senator Juan “Chuy’’ Hinojosa, who led the
fight to make juvenile killers eligible for parole after they serve 40
years of their sentence.

No prosecutors from the Massachusetts counties where teens have been
sentenced to life without parole - Middlesex, Suffolk, Essex, and
Norfolk - would comment on their cases for the record.

But the Massachusetts District Attorneys Association released a
statement supporting the law, arguing that teens who commit heinous
crimes should not get “leniency and mercy that they never showed
their victims.’’

Prosecutors credit the law with forcing brutal juvenile killers into
adult court, unlike the old system, where teens facing murder charges
could be tried in juvenile court, where punishments tend to be much
lighter.

Thomas F. Reilly, a former attorney general who prosecuted O’Brien
when he was Middlesex district attorney, still strongly supports the
law, saying it has improved public safety.

An adult trial for murder defendants over age 14 “is a perfectly
appropriate way of dealing with truly heinous situations,’’ Reilly
said.

Some victims’ families argue that, if anything, the super predator
law does not go far enough.

“If it was my decision, we’d have the death penalty,’’ said
Olivia Singletary, the adoptive mother of Fernandez’s victim.

But critics of the law say that recent scientific studies demonstrate
that it is inappropriate to treat adolescents like adults in murder
cases. Brain imaging research indicates that adolescent brains are
underdeveloped in areas associated with risk assessment and moral
reasoning, making them more prone than adults to impulsive responses.

State Senator Harriett Chandler, a Worcester Democrat who voted for
the 1996 law, said the science convinced her that life without parole
is too harsh a punishment for people whose brains are still
developing. She introduced legislation in September to allow juveniles
sentenced to life without parole to apply for parole after 15 years.

“I’ve had second thoughts,’’ Chandler said.

Some judges who have presided over juvenile murder cases also have
expressed discomfort with the maximum sentence.

“I don’t know what the answer is. But I don’t think we do
justice by sentencing someone 16 and under to life without parole, no
matter what the circumstances,’’ said Isaac Borenstein, the
retired Superior Court judge who had presided over the Fernandez
trial.

Some jurors say they are haunted by the severity of the sentence
imposed on teenage murderers. Carletta White, forewoman of the jury
that voted to convict 16-year-old Kentel Weaver of first-degree murder
in the 2003 shooting of 15-year-old Germaine Rucker, said she had no
idea that Weaver could wind up with such a harsh sentence.

“I didn’t think he was going to get life,’’ she said.

Sitting in an austere prison conference room, sporting tightly woven
dreadlocks and a drab jumpsuit, Fernandez, now 26, recalled his icy
shock, his knees nearly buckling under the courtroom table, as the
jury announced its verdict against him. But not until he actually
spent time in an adult prison, he said, after turning 17, did he
really understand the price he was going to pay for shooting Hughes.

“That’s when it hit me,’’ he said. “The rest of my life
means I’m going to die here.’’

Though his lawyer prevented him from answering questions about the
murder in an interview, Fernandez expressed remorse in a 2008 letter
he filed in Norfolk Superior Court in an attempt to reduce his
sentence.

“Back then, I was a child lost in his own world and confused. But
now I’ve matured into manhood and know what’s wrong and what’s
right,’’ Fernandez wrote. “I know I have taken a life.’’

That is a change from the days after Fernandez shot Hughes: First, he
fled to New York City, then he tried to blame a friend for firing the
fatal shot. Prosecutors offered to let him plead guilty to
second-degree murder, which would have given him a chance at freedom
in 15 years or less, but Fernandez wanted to see if he could convince
a jury of his innocence.

Like other teens who have received life without parole, Fernandez grew
up in difficult circumstances. Born to a 15-year-old mother, Fernandez
was a week old when she decided she couldn’t care for him. She gave
the boy to her mother, who was abusive and had been hospitalized in an
inpatient psychiatric unit, according to an affidavit Fernandez’s
mother filed in his case.

Now, Fernandez hopes the change in state law proposed by Chandler,
which would apply to current and future lifers, might give him a
chance to rebuild the life he shattered at 16, perhaps embark on a
music career and connect with his younger siblings.

Like Fernandez, Kevin Keo rejected a plea bargain that would have made
him eligible for parole in 15 to 16 years for the 2007 shooting death
of Christian Vargas-Martinez, a gang rival he blamed for slicing off
part of his ear a few weeks earlier. Keo, then 16 and with no criminal
record, insisted he was innocent right up to the moment he was
sentenced to life without parole.

“He was just a baby a few years ago, and now his life is done,’’
said Keo’s father, Vong Oung, who regrets that he didn’t press his
son to accept the plea deal.

Parents of some teenage lifers said they made foolish decisions
because they had no understanding of the judicial system. Kentel
Weaver said he confessed to murdering Rucker mainly because his mother
mistakenly insisted that was the only way he could get a lawyer.



ANOTHER LIFER had to make life-determining legal decisions almost
entirely on his own.

Noeun Sok, a 15-year-old Cambodian immigrant, was accompanied only by
his sister when he turned himself in to police in 1999: He immediately
waived his right to remain silent and confessed to fatally stabbing a
gang rival earlier that day. At his friend’s urging, Sok admitted
that he chased Keoudone “Tiny’’ Onexavieng, 18, and put a
30-inch Samurai sword in his back.

“I never meant to hurt Tiny. I only wanted to scare him,’’ Sok
told police.

Sok’s parents didn’t attend his trial, so when he began sobbing
uncontrollably, the judge ordered an additional lawyer to act as his
guardian.

Meanwhile, other teenage murderers who had lengthier, more violent
criminal records than Sok, Keo, and Fernandez have avoided life
without parole.

Michael “Shawn’’ Warner’s juvenile record included multiple
counts of assault and battery with a dangerous weapon by the time he
was tried for shooting John Rodrigues twice from behind during a drug
dispute. He fled the scene of the 2000 shooting on his scooter and
evaded arrest for nearly three years.

But Suffolk County juries could not reach a verdict after two trials,
and prosecutors instead offered him a deal to plead guilty to
manslaughter. Sentenced to 12 to 14 years in prison, Warner is
eligible for release between 2020 and 2024.

Likewise, Billeoum Phan of Lowell, 14, had already faced charges in
numerous violent attacks before he shot Samnath Oth, a feared gang
member, during a 2006 birthday party in Lowell. Yet, he was convicted
of manslaughter - not first-degree murder - and the judge pronounced
him “salvageable,’’ sentencing him to the Department of Youth
Services until he turns 21. After that, he will have to serve five
years of probation and a 12-year suspended sentence, but he will be
free.



AMONG murder defendants suffering mental illness, the sentencing is
just as varied, with one getting life without parole while another
served fewer than 10 years for seemingly similar crimes.

Valerie Hall, a Shrewsbury teenager, pushed her mother, Kathleen A.
Thomsen Hall, down a flight of stairs in 2000, then struck her head
twice with a hammer, leaving her to die while she went for a ride with
her boyfriend. Prosecutors say Hall was angry that her mother grounded
her after the daughter stayed out late.

But the Worcester County district attorney agreed to let her plead
guilty to voluntary manslaughter and assault with a dangerous weapon
instead of first-degree murder, acknowledging that the girl was being
treated for depression and had attempted suicide a few weeks before
the murder. Hall was paroled to a halfway house in 2009.

By contrast, John Odgren, now 21, is serving life without parole at
Bridgewater State Hospital for the 2007 murder of 15-year-old James
Alenson, a boy he did not even know. Odgren, a special-needs student
who attended Lincoln-Sudbury Regional High, hid in the school’s
boys’ room and surprised Alenson, stabbing him multiple times.

Odgren’s lawyers argued their client had lost touch with reality
following a lifetime of bullying and harassment from other youths, but
a Middlesex County jury rejected his defense of not guilty by reason
of insanity.

Superior Court Judge S. Jane Haggerty declined to reduce Odgren’s
sentence, but she expressed sympathy, writing, “There is tragedy in
a sentence of imprisonment for life without the possibility of a
parole for a 16-year-old offender in the circumstances of the
defendant.’’

Paul Odgren, father of John Odgren, said it is time to realize that
murder cases are not always clear-cut and that teenagers convicted of
first-degree murder should at least have a chance at parole. He
realizes that his child should never again be left unsupervised, but
his son has no hope that he will ever get out of prison.

“The only thing that is worse than what happened to us is what
happened to them,’’ said Odgren, referring to Alenson and his
parents.

“Kids are not adults. It’s reflected in all our other laws. They
can’t drive. They can’t vote. They can’t get married. They
can’t join the military. Why should they never, ever have a chance
to rehabilitate themselves?’’ Odgren asked.

The New England Center for Investigative Reporting at Boston
University is a nonprofit investigative reporting newsroom. Maggie
Mulvihill, the center’s co-director, supervised this project. Other
contributors were Rochelle Sharp and NECIR interns Jill Carlson, Susan
Zalkind, Carol Cole, and Alexandria Burris.




 
 
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Campaign for Youth Justice 

November/December 2011 Newsletter
The Campaign for Youth Justice is a national organization dedicated to ending the practice of trying, sentencing, and incarcerating youth under the age of 18 in the adult criminal justice system.
 
In This Issue
ACROSS THE COUNTRY
NATIONAL MOMENTUM
FEDERAL UPDATE
MEDIA WRAP
RESEARCH
NPC UPDATE
VOICES
ON THE CALENDAR
TAKE ACTION, SPREAD THE WORD
HOW YOU CAN HELP
CAMPAIGN STRATEGIES AT A GLANCE
EXTRAS
Join Our Mailing List! 
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Quick Links
 
   
 

  

ACROSS THE COUNTRY

State Trends Map
 
Connecticut Update
Connecticut
On November 15, Connecticut's own Abby Anderson was recognized for her leadership on behalf of Connecticut's children and families at Connecticut Voices for Children's 10th "First for Kids Awards" ceremony. Each recipient was celebrated for making a difference in the quality of life of children in Connecticut and enriching the state.

Anderson, a Bridgeport resident and Executive Director of the Connecticut Juvenile Justice Alliance, received the Statewide Child Advocacy Award for her work to improve the juvenile justice system and reduce the number of young people involved in the juvenile and adult criminal justice systems. She has also served as the co-chair of the National Juvenile Justice Network and on the Board of the Coalition for Juvenile Justice.

"Because of Abby's work, many more young people who are involved with the juvenile justice system are getting the services and supports they need to stay in school and be successful in the community," said Alexandra Dufresne, Senior Policy Fellow at Connecticut Voices for Children, who presented Ms. Anderson with her award.

The program guide is available at: http://www.ctkidslink.org/firstkids2011.html.

For more information on CTJJA, visit: http://www.ctjja.org/ 

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Colorado Update Colorado

One year ago, the Colorado Juvenile Defender Coalition became a 501(c) (3) non-profit organization. CJDC established a Juvenile Defender Center, a Juvenile Policy Center, and a Juvenile Resource Center to assure their mission of ensuring excellence in juvenile defense and advocacy and justice for all children and youth in Colorado. Since then CJDC has provided litigation support and training to hundreds of attorneys, with long term benefits to even more children and youth. CJDC is also engaged in critical juvenile justice issues in Colorado, including participation on the Juvenile Justice Task Force of the Colorado Commission on Criminal and Juvenile Justice, the Legislative Task Force to Study School Discipline, as well as reform of Colorado's direct file law. Moreover, CJDC is reaching out to current and formerly incarcerated youth, families, and communities to tell the real-life stories of the impact of juvenile justice policies and engaged affected communities in our work.

Every day in Colorado, a child accused of a crime can be locked in an adult jail and has the potential to be put in solitary confinement for two reasons: (1) a prosecutor decided to file the child's case in adult criminal court; and (2) a prosecutor decided the child must be held in an adult jail instead of a secure juvenile facility. The child has no right to appeal either decision, and the judge has no oversight to balance a prosecutor's extraordinary discretion. CJDC seeks to bring balance to Colorado's juvenile justice system by letting a judge decide these critical questions.

For more information, visit: http://www.cjdc.org/ 

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New YorkNew York Update

New York City Supports Changing Juvenile Court Jurisdiction

On November 30, New York City Council approved a resolution supporting a change in New York's age of juvenile court jurisdiction for misdemeanors from age 16 to age 18. The resolution was unanimously approved by the Council. Earlier in November, a number of experts testified before the Council in favor of the proposal, with some experts calling for even more sweeping changes in New York's law.

"New York stands on the brink of momentous change. We have the opportunity to right decades of wrong, and end the legal process by which the futures of thousands of young people are thrown away each year," stated Avery Irons of CDF-NY in her testimony before the committee. "We must be thoughtful, unwavering and we must be brave. We must be everything that we ask young people with adult convictions to be when they return to society traumatized and stigmatized."

"It is not enough, however, to simply shift the prosecution of children from adult to family court or to change the laws that govern the treatment of juvenile offenders and 16- and 17-year-olds," stated Gabrielle Prisco, Juvenile Justice Director at the Correctional Association of New York in her testimony." As this body and other stakeholders consider proposals to raise New York's age of criminal responsibility, it is crucial that these proposed changes be viewed in the context of broader systemic reforms. Successful outcomes for children and society depend on a long-term and sustained investment in services and interventions that have been proven to work, on effectively matching children to the appropriate services and interventions, on eliminating racial and ethnic disparities, and on changing the underlying culture of the justice system so that children are seen as possibilities, not problems."

For copies of these and other testimony, visit: http://www.cfyj.org/other-testimony.html 

For more information on the efforts to change New York's law, visit the following web pages:
CDF-NY - http://www.cdfny.org/ 
IJJRA - http://www.stopschoolstojails.org/ijjra-newyork.html 
Correctional Association - www.correctionalassociation.org 

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D.C. UpdateWashington, DC

On Thursday, December 1, the Moriah Fund, the Carter and Melissa Cafritz Charitable Trust, the Meyer Foundation, and the Public Welfare Foundation hosted a luncheon to celebrate the release of a report documenting how a collaborative effort between local D.C. foundations and national funders supported juvenile justice reform. The report, Notorious to Notable , details how the agency was transformed from one of the worst to one of the most notable, winning recognition as one of the Top 50 Innovations in American Government by the Harvard University Kennedy School of Government.

Key accomplishments profiled in the report include:
  • Closure of the notorious Oak Hill Youth Center, D.C.'s juvenile prison;
  • Replacement of Oak Hill with a modern, award-winning facility, New Beginnings Youth Development Center, geared towards youth rehabilitation and development with a nationally acclaimed educational program, the Maya Angelou Academy;
  • Dramatic reduction in the over-reliance on unnecessary incarceration in the District; and the
  • Creation of a network of community-based alternatives to incarceration.

The full report is available online at: http://giving.files.wordpress.com/2011/11/notorious-to-notable-final2.pdf.

To get more involved in advocacy efforts in D.C., visit: www.dcly.org

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Holiday Fundraiser and Book Drive for Youth in the Adult Criminal Justice System in D.C.

 

On December 8th, 2011, the Campaign for Youth Justice and Free Minds Book Club hosted a Holiday Fundraiser Book Drive at Busboys and Poets in Washington, D.C. Several dozen people attended the event including local television News Channel8. The event raised enough money to order 178 books for the 40+ youth incarcerated at the Central Treatment Facility (CTF), an adult jail. 

 

 Click here to view the news story on News Channel8. 

 

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New Website Photo-documents Juvenile-in-Justice

Photographer Richard Ross, whose photos have been featured in numerous Campaign reports, has a new website, Juvenile-in-Justice. This new site documents the placement and treatment of American youths in facilities intended to "treat, confine, punish, assist and, occasionally, harm them." 


Ross' collection is a compilation of photos from over 1,000 youths and administrators at over 100 facilities in 30 states in the U.S and will be published as a book and a traveling exhibition in the fall of 2012. 

To view his online collection, visit: http://www.juvenile-in-justice.com/ 

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Find Your Nearest Campaign!

For contact information from campaigns in individual states, visit the Campaign's State Contacts page available at:  http://www.cfyj.org/parents-resource-center/find-your-state-contacts.html. 

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NATIONAL MOMENTUM

Promoting Youth Leadership in All Aspects of our Work  

 

On Thursday, November 17, the Annie E. Casey Foundation's Kids Count initiative hosted a panel discussion, "Promoting Youth Leadership in All Aspects of our Work" at their annual forum in Baltimore, Maryland, to discuss engaging youth in critical efforts to improve the lives of all children. The panel featured Karen Pittman of the Forum for Youth Investment; Robin Christian of Children First for Oregon; and Michael Kemp and Liz Ryan of the Campaign for Youth Justice.

 

Karen Pittman kicked off the panel with a presentation on the Forum for Youth Investment's four key principles of youth engagement: (1) Opportunity: Youth need authentic access to change-makers, as well as connections to the broader youth community; (2) Capacity: Youth need the training, tools and teams to be prepared to engage in change efforts; (3) Motivation: Youth need the time to learn about community issues and the chance to decide what issues they want to address; and (4) Foundation: Youth need to be connected to a solid organization or group that is able to foster membership, continuity and a supportive work environment. Pittman highlighted a report that the Forum for Youth Investment recently released, Youth Organizing for Educational Change, which documents seven youth-led efforts to change school and education-related policies. The report is available online at: http://www.forumfyi.org/content/youth-organizing-education. 


Michael Kemp talked about his experiences in the justice system and gave specific examples of how several individuals and organizations provided support to him at critical times, including the Free Minds Book Club and Writing Workshop. He noted that few youth appeared to be at the conference and encouraged the group to ensure meaningful and active youth participation in next year's conference and in their advocacy efforts in their states. Wrapping up the panel, Liz Ryan highlighted ways that the Campaign for Youth Justice is working with court-involved and formerly incarcerated youth to ensure meaningful opportunities to share their perspectives with policymakers. CFYJ provides paid fellowships for court-involved and/or formerly incarcerated youth and partners with local organizations that provide direct services to youth.  While acknowledging the challenges the Campaign has experienced, she stressed the importance of enhancing efforts to ensure an authentic youth voice in policy discussions and advocacy efforts. The presentation is available online at: http://www.cfyj.org/other-testimony.html  

 

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Parents speak about juvenile justice system failure after having their children incarcerated  

 

The National Parent Caucus recently hosted a plenary entitled, "Family Voices in Juvenile Justice" as part of the Office of Juvenile Justice and Delinquency Prevention's National Conference for Children's Justice and Safety. The plenary, moderated by CFYJ's Jessica Sandoval, included a five parent panel discussing the various issues they faced while their children were incarcerated.  

 

The panel, attended by approximately 400 people, answered questions pertaining to their experience with the juvenile justice system. They told stories of physical and mental abuse their children experienced while incarcerated, and how this was exacerbated by practices such as solitary confinement, lockdowns, lack of educational opportunities, and incredibly stringent visitation rights for family members. They spoke about the lack of medical and mental health services and lack of resources available to their children when they were in great need of support.  

 

Mike McIntosh, Co-Director of the NPC, father and founder of Friends and Family of Youth Incarcerated at Walnut Grove, spoke out about the abuse from which his son is still recovering. Earlier this year, McIntosh went to see his son who was incarcerated at the Walnut Grove Youth Correctional Facility in Mississippi. When he arrived, he was told his son was not at the facility, and the staff would not tell him where his son was. Three weeks later, after relentlessly trying to get the facility and the Department of Corrections to answer his phone calls, he began calling a variety of hospitals in the state. One hospital said they had his son, and after a long battle to get authorization, he arrived at the hospital only to find his son had been moved the day before.  

 

Five and a half weeks passed before he was eventually able to locate his son, who had been relocated to four different hospitals during this time. He found his son located in the Intensive Care Unit, unable to walk or see, barley able to talk, and suffering from permanent brain damage. He was able to sit with his son for 20 minutes before staff ended the visit, and it was months before they allowed him to see his son again. Hear McIntosh's full story on Juvenile Justice Matters Blog Talk Radio at:

 

Parent and founder of Missouri's first family-led juvenile justice organization, Families and Friends Organizing to Reform Juvenile Justice, Tracy McClard also spoke on the panel. McClard's story shocked the audience: she relayed the incidents that led up to her son Jonathan's suicide inside a Missouri prison three days after his 17th birthday. Like McIntosh, her story begins with severe visitation procedures. McClard went alone to see her son, as the facility still had not cleared her husband for visitation. When Jonathan put his hand on his lap after being told not to by a guard, he was rushed out of the visitation room, strip searched and put in solitary confinement. On their next and last visit, McClard and her husband could barely hear Jonathan through the thick glass and had to shout through a vent to hear him. He had just been denied transfer into Missouri's Dual Jurisdiction program that would have offered him a chance at mental health care, educational opportunities, and rehabilitation. Because he would not be going into the program, Jonathan would be transferred back into a prison in Charleston, where he had been detained previously and suffered severe and traumatizing abuse from other inmates. As a 140-pound 16-year-old, he received no protection from staff even after McClard and her family relentlessly requested to the warden that he be looked after. Three days after being assigned the transfer, Jonathan was found hanging in his cell. He was still in solitary confinement for putting his hand on her lap during his brief visitation with McClard. To learn more about McClard's advocacy work and story, please visit:

 

The other parents on the panel, Grace Bauer, Michelle Sanchez and Tracey Wells-Huggins spoke about many other extreme shortcomings of the juvenile justice system. They told stories of massive racial disparities found in the system, loss of parental control, structural failures for bilingual families and more.  

 

At the end of the plenary, the parents each recommended solutions to the failures they had experienced. Michelle Sanchez strongly recommended that parents be as much involved as they possibly can, and demand the attention of corrections staff until it is received. Several parents wanted the justice system to revise its visitation procedures, require educational programs for youth, and create more rehabilitation programs in youth facilities. McClard advocated that youth never be placed in adult facilities after what happened to her son.  

 

The parents acknowledged that their children had made mistakes, and did need constructive support to learn from their mistakes. They recognized that rigorous rehabilitation of youth will help society much more in the long run and will prevent future victimization by giving youth the opportunity to grow. They discussed how no child goes through their entire adolescence without making a mistake, but that incarceration cannot possibly be the answer for a youth's lack of healthy decision making skills. 

 

Even though the individual circumstances of each child were different, each of the parents agreed that the current juvenile justice system has failed to provide adequate restitution to victims, fully rehabilitate youth, protect youth from violence within the facilities, and create a space of sustained family involvement.  

 

If you are interested in joining the National Parent Caucus, or want more information, please visit:

                          


  

FEDERAL UPDATE
Attorney General's National Task Force on Children Exposed to Violence
U.S. Capital Picture

On November 29, the U.S. Department of Justice held the first of a series of national public hearings across the country as a part of the Attorney General's National Task Force on Children Exposed to Violence in Baltimore, MD. The task force is part of the Attorney General's Defending Childhood initiative, a project arising from the need to respond to the epidemic levels of exposure to violence faced by our nation's children. The hearing included a former youth offender, advocates, and experts, who testified on the abuse and violence that occur in juvenile and adult correctional facilities.

The hearing comes as the Department of Justice considers final regulations to implement the Prison Rape Elimination Act (PREA). 

"There are too many young people in adult facilities that are subject to violence and sexual abuse," said Campaign for Youth Justice President and CEO Liz Ryan. "It is crucial that the Department of Justice adopt a complete ban on placing kids in adult jails and prisons."

The only young person to offer public comments during the hearing was Jabreria Handy, who currently serves as a Youth Advocate at Community Law in Action (CLIA). Jabreria, who as a youth held in an adult facility in Baltimore stated in her testimony, "At such a young age, we shouldn't be exposed to the lack of counseling, staying behind bars for long periods of time, not talking to any one and only getting showers once a week. It's just emotionally and psychologically hurtful and upsetting."

Jabreria also recounted seeing an inmate stabbed to death before her very eyes.
Several participants urged the Task Force not to wait until a final report is released in December 2012 to begin reporting its findings to the Attorney General considering the urgency of the matter. On any given night in America, several thousand children are held in adult jails and prisons. Many of these kids have never been convicted of a crime.

Over the course of the year, the Task Force will learn from practitioners, policymakers, academics and community members about the extent and nature of the problem of children's exposure to violence in the United States, both as victims and as witnesses. The task force will also identify promising practices, programming and community strategies used to prevent and respond to children's exposure to violence.

The task force will have three more hearings across the country: Albuquerque, New Mexico (January 2012); Miami, Florida (March 2012); and Detroit, MI (April 2012). 

For Jabreria's full testimony, visit: http://www.cfyj.org/youth-testimony.html#jabreria

For testimony from CFYJ's CEO & President Liz Ryan, visit: http://www.cfyj.org/documents/Testimony_AGDCT_11-29-11.docx 

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TAKE ACTION NOW!

Keep Kids Out of Adult Jails and Prisons


On any given day, over 10,000 youth are detained or confined in adult jails and prisons-putting them at risk of sexual assault.

According to research by the Bureau of Justice Statistics, 21% and 13% of all substantiated victims of inmate-on-inmate sexual violence in jails in 2005 and 2006 respectively were youth under the age of 18. Research also shows that youth are 36 times more likely to commit suicide in an adult jail than in a juvenile detention facility.

Through the Prison Rape Elimination Act (PREA), the Obama administration has a critical opportunity to protect children in the justice system by banning the placement of youth under 18 in adult jails and prisons.

Take action now to tell the Attorney General to end the rape and sexual assault of youth in the justice system by ensuring that PREA keeps youth out of adult prisons and jails. Click here to send a letter to the Attorney General or use the sample letter below. 

Sample Letter

Dear Attorney General Holder,

I am writing to you on an issue of deep concern to me: the safety and well-being of youth in the justice system.

On any given day, over 10,000 youth are detained or incarcerated in adult jails and prisons where they are at the greatest risk of sexual assault and rape of all inmates.

According to research by the U.S. Department of Justice's Bureau of Justice Statistics, 21% and 13% of all substantiated victims of inmate-on-inmate sexual violence in jails in 2005 and 2006 respectively were youth under the age of 18. Research shows that youth are 36 times more likely to commit suicide in an adult jail than in a juvenile detention facility.

Through the Prison Rape Elimination Act (PREA), your Administration has a critical opportunity to protect children in the justice system by issuing final PREA regulations from the U.S. Department of Justice that ban the placement of youth under 18 in adult jails and prisons.

In making this recommendation, I am joined by thousands of people all over the country representing every state in the nation, including hundreds of directly affected youth, parents and families; state and local elected officials; juvenile & criminal justice professional associations; crime victims' and survivor groups; children's advocacy groups; civil and human rights groups; mental health advocates; and faith-based organizations.

I urge you to ensure that the U.S. Department of Justice issues final PREA regulations as soon as possible and to ensure that these regulations include a ban on the placement of youth under 18 in adult jails and prisons.

Thank you for your time and consideration.

Sincerely,

[Your name]

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Federal Cuts Threaten Protection for Children in the Justice System

On November 18, the President signed H.R. 2112 as passed by the House and Senate, finalizing funding levels for a number of federal programs, including critical juvenile justice appropriations to states. While the final version of H.R. 2112 maintained some funding for Juvenile Justice and Delinquency Prevent Act (JJDPA) Title II grants, JJDPA Title V grants, and the Juvenile Accountability Block Grants (JABG), the legislation includes cuts to all three programs. Funding levels are as follows:
  • Title II at $40 million (Senate proposed $45 million; House proposed $40 million)
  • Title V at $20 million (Senate proposed $33 million; House eliminated funding)
  • JABG at $30 million (Senate proposed $30; House eliminated funding)
These proposed cuts - down 54% in the last two years - threaten to undermine states' ability to maintain protections for youth, reduce delinquency, and further improve youth and family success, and promote community safety. They also have the potential to result in the increased use of incarceration for youth, including placement of children in adult jails, and run counter to research that shows the public supports rehabilitation and treatment for youth.   


For more than 35 years, the Juvenile Justice and Delinquency Prevention Act (JJDPA) has provided critical federal funding to states which comply with a set of core requirements designed to protect children from the dangers of adult jails and lockups; keep children charged with status offenses out of locked custody; and address the disparate treatment of youth of color in the justice system.


JJDPA's Title II funding helps states comply with the core requirements and helps ensure that states have resources to build effective state systems. Title V is the only federal program that provides delinquency prevention funding at the local level to reach youth at risk and help keep them out of the juvenile justice system. In addition to these JJDPA programs, funding through the Juvenile Accountability Block Grant (JABG) program assists state efforts to effectively strengthen services and supports for court-involved youth, including alternatives to detention.

These cuts have the potential to:

 

  • Undermine the implementation of the JJDPA core requirements, such as the Jail Removal provision that prohibits the placement of youth in adult jails and lockups (Click here for a fact sheet on the dangers of placing youth in adult jails);    
  • Result in more youth incarcerated in adult jails -- costly and dangerous facilities where youth are placed at severe risk of suicide, physical and sexual abuse, recidivism, and a lifetime of disconnection from education and work; 
  • Erode and jeopardize nationwide progress on juvenile justice improvements that have led to historic low rates in youth-offending across all U.S. states and territories; and
  • Eliminate support for cost-effective delinquency prevention programs and alternatives to incarceration, which increase public safety and decrease recidivism and public costs. For every $1 spent in prevention and community-based alternatives, taxpayers save up to $8 in criminal justice costs.


These cuts run counter to recent public opinion research released on October 12, that shows that the public rejects placement of youth in adult jails and prisons and instead strongly favors: 

 

  • Rehabilitation and treatment approaches, such as counseling, education, treatment, restitution and community service;
  • Requiring the juvenile justice system to reduce racial and ethnic disparities; and
  • Independent oversight to ensure youth are protected from abuse while in state or local custody.

 

How You Can Help 

 

  1. Contact your Members of Congress.
  2. Call your local media outlets and urge them to editorialize in opposition to these proposed cuts.

 

Please share this information with your networks. To stay updated on the Act 4 Juvenile Justice campaign, sign up for updates at: www.act4jj.org.

 

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MEDIA WRAP
JJDPA Cake
Young Kids, Hard Time

Young Kids, Hard Time, a documentary series from Calamari Productions and MSNBC about youth charged as adults in Indiana, premiered in Washington, D.C. at the National Press Club on November 10, before airing on MSNBC on November 20. The event was well-attended and included a panel of experts on this issue. The film's director, Karen Grau, moderated a Q & A session with Author and Campaign for Youth Justice Spokesperson, Dwayne Betts, along with Miriam Krinsky, Lecturer at UCLA School of Public Policy and Former Federal Prosecutor: The Honorable Brian Huff, Presiding Juvenile Judge in Birmingham, Alabama and President of Alabama's Juvenile Judges Association, and Mike Dempsey, Director of Wabash Valley Correctional Facility and featured in the series.

Calamari Productions was granted sweeping access inside the maximum security Wabash Valley Correctional Facility in Carlisle, Indiana - the only adult prison in the state of Indiana that houses kids sentenced as adults. Young Kids, Hard Times delves into the everyday struggles encountered by 54 kids on the Youth Incarcerated as Adults cellblock.

In attendance at the D.C. premiere were congressional staff members, officials from the Department of Justice, state Supreme Court justices, advocates, and students. Grau talked about her experiences in juvenile abuse and neglect court as a motivator for her to pursue issues surrounding juvenile justice and child welfare. "My mom said, 'if something touches you so deeply and so profoundly that you just can't forget about it, it probably means you're meant to do something about it." She has produced films in this arena for the past 13 years and Young Kids, Hard Times is the 16th documentary film she has produced together with NBC specifically on juvenile justice and child welfare.

The film is narrated by Rick Springfield, a former actor on General Hospital who went on to become a Grammy award winning singer and New York Times best-selling author. Springfield struggles with depression and attempted suicide at the age of 17.

Following the movie screening and the introductions, panelists were asked questions by the audience. Huff responded to a question from the audience. "I thought it was very telling and very interesting, the young man [in the film] who mentioned the first time he ever got in trouble was in school. What are we doing as an education system not only to help these kids but to make sure we're not pushing these kids into the juvenile justice system and into the adult justice system?"

A member of the audience asked how kids end up being tried as adults when it is known that they have a greater capacity to change and be rehabilitated. Krinsky responded, "There's not a person in this room that would dispute the fact that it's gone wrong, very wrong. We as a country incarcerate more kids than any country in the world. We're the only country in the world that will impose a life sentence on a child." She said the questions shouldn't be about how we got there, but rather, "how can we turn the tide and get back on the right path?" She noted the Campaign for Youth Justice's polls and the public's support for not giving up on the young people who have committed crimes.

Betts also responded, "How did we get here? Somebody starts writing essays saying 'ok we have super predators out there who are going to be robbing and raping our children.' They say 'our children,' we understand 'our children,' means not young black kids who live in poor communities who don't end up at Harvard. 'Our children' are not those kids." He continued, "How 'we' got here? We need to acknowledge that 'we' means something different from 'them.' It's surprising to see a young 12-year-old white boy in prison for life. That is surprising," he said in reference to Young Kids, Hard Time.

MSNBC will be airing Part 2 of Young Kids, Hard Time in the near future. For more information on upcoming episodes visit: www.calamariproductions.com.

If you were unable to make it to the Washington, D.C. premiere, you are in luck. The Campaign's radio show, Juvenile Justice Matters, aired an extended program this month, re-broadcasting the panel discussion from the Premiere. Enjoy this and other programs at: http://www.blogtalkradio.com/jjmatters.

Ratings for the MSNBC premiere were through the roof. Young Kids, Hard Time, came in first place in the 10 p.m. timeslot, with about 300,000 viewers. If you liked Young Kids, Hard Time and would like to see more episodes, please write a letter of support like the one below to the address below:

MSNBC Long Form Programming
Attention: Executive Producer
MSNBC
30 Rockefeller Plaza, 27th Floor
New York, NY 10112


New logo


December 2, 2011


MSNBC Long Form Programming
Attention: Executive Producer
MSNBC
30 Rockefeller Plaza
27th Floor
New York, NY 10112

Dear Executive Producer,

On behalf of the Campaign for Youth Justice (CFYJ), a national organization working to end the practice of trying, sentencing and incarcerating youth in the adult criminal justice system, I am writing to thank you for producing the Young Kids, Hard Time documentary and urge you to consider additional programs on youth in the adult criminal justice system.

As you heard in Young Kids, Hard Time, 10,000 youth are held in adult jails and prisons on any given day. Researchers estimate that roughly 250,000 youth are prosecuted in the adult criminal justice system every year.

Calamari's exclusive access to adult facilities is vital in our field. To date, there unfortunately has been very limited advocacy on behalf of this population since these young people are not considered part of the juvenile justice system. These youth are often invisible and rarely included in data reports documenting the needs of youth in the system. Calamari's documentary addresses this gap by putting a face and a story on this issue.

From the outstanding MSNBC viewership during the Nov. 20th premiere, it shows that the American public is very interested in this issue. In fact, a recent poll conducted by GBA Strategies, found that the public supports independent oversight to ensure youth are protected from abuse while in state or local custody (84%) and that the public rejects placement of youth in adult jails and prisons (69%).

This documentary is not only an educational tool for your viewers, but will make a huge impact with advocates and policy makers. MSNBC is lucky to have Calamari as a partner and should consider more programs related to kids in the adult criminal justice system.

Thanks again for your network's continued support.

Sincerely,


Liz Ryan
President & CEO
Campaign for Youth Justice

 

  

  

RESEARCH

New Report on Massachusetts Youth in the Adult System

Citizens for Juvenile Justice (CfJJ) recently released Minor Transgressions, Major Consequences, which outlines the research, findings, and recommendations about how best to handle 17-year-olds in the adult criminal justice system in Massachusetts. The key findings of the report include: the vast majority of 17-year-olds in the adult system are charged with minor, non-violent offenses and overall have a similar or less serious offense profile than their younger teen peers; sending teens through adult court and adult facilities actually increases crime, as well as all of the human and financial costs associated with crime; and teens in the adult system are unlikely to receive the educational services to which they are legally entitled. CfJJ estimates that two-thirds of 17-year-olds' arraignments are either dismissed or end without a sentence imposed. In fact, fewer than 10% of juveniles and 12% of 17-year-olds who are arraigned in court are actually sentenced and incarcerated as a result of their offense. In light of the facts in the report, CfJJ demonstrates that the Massachusetts juvenile system has both the capacity and expertise to handle 17-year-olds, and recommends that Massachusetts raise the age of juvenile court jurisdiction.

The full report is available at: http://www.cfyj.org/documents/FR_Minortransgressions_2011.pdf 


For more information, visit CfJJ at: http://www.cfjj.org/  

 

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New Resource for State Legislators from Models for Change


Models for Change collaborates with selected states to advance juvenile justice reforms that effectively hold young people accountable for their actions, provide for their rehabilitation, protect them from harm, increase their life chances, and manage the risk they pose to themselves and to public safety. At their Sixth Annual National Working Conference for the initiative held in December in Washington, D.C., there were numerous conference sessions sharing valuable knowledge about what is working across states. Specific elements of the conference of interest to readers of the CFYJ newsletter include presentations by reformer Elizabeth ("Betsy") Clarke from the Juvenile Justice Initiative, sharing her perspective on how to implement and sustain reforms over the long-term, and Gabriella Celeste speaking about the recent reforms in Ohio. In addition, through a generous grant from the MacArthur Foundation, the National Conference of State Legislatures (NCSL) has published a juvenile justice guidebook for state legislators. 

 

The entire guidebook can be found online here: http://www.ncsl.org/documents/cj/jjguidebook-complete.pdf

 

The chapter on Adolescent Development and Competency, which discusses youth prosecuted in the adult system, can be found online here: http://www.ncsl.org/documents/cj/jjguidebook-complete.pdf. 

 



NPC UPDATE

Jajuana Calloway on Losing Her 14-Year-Old to a 30-Year Prison Sentence  

 

Jajuana Calloway is a mother, entrepreneur and advocate for juvenile rights. She lives in Culver City, California. Here is her story: 

 

At the age of 14, my son was sentenced to 30-years in prison without the possibility of parole.


My boy, Christopher, was convicted and sentenced under a set of laws passed by the Georgia Legislature in 1994. This package of misguided legislation popularly known as "the Seven Deadly Sins," was an effort to lock up juveniles without any meaningful opportunity for rehabilitation and without any possibility of parole.


He is not, I'll make clear, an innocent victim. We are responsible for our own actions. But the circumstances of his crime did not then and do not now warrant destroying his life with a 30-year sentence.


A group of older teens put him up to robbing a woman and stealing her car. During the ordeal, she was tied up, understandably terrified, but not injured. After my son and the others were arrested, the older ones put the blame on Christopher. With the help of their testimony, he was convicted as an adult and is currently serving the 30-year mandatory sentence without the possibility of parole.


He has already served 14 years to date, and has been incarcerated with men who have lighter sentences for more severe crimes. Even if he had received a life sentence for his actions, he would now be eligible for parole after serving 14 years.


For the last two years, I've been aggressively advocating - not only on Christopher's personal behalf - but for all juveniles who find themselves in the middle of a very unbalanced and harshly brutal method of sentencing. It is indeed my most earnest hope that I can lend my voice to an effort to create equal justice in our judicial system.


Abraham Lincoln said, "He who sees cruelty and does nothing about it is himself cruel." I feel this statement is applicable to the current judicial system, which requires lengthy mandatory sentencing for juveniles as young as 14, with no opportunity for parole.


As I began this tumultuous journey on behalf of my son, I was saddened to discover that the public is largely ignorant of Georgia's and the nation's laws governing juveniles. Many are in the dark as it relates to these appalling harsh realities that so many of our nation's young people, all under the age of 18, are enduring as they are being tried as adults and serving disproportionately long sentences in violent adult prisons.


I am troubled as I dig deeper in my research and engage in dialog with other mothers, fighting their way through to make sense of such an unjust system. This fight has forced me to take a more aggressively active role in sharing this story and educating the masses about this horrendous, unjust judicial system.


While Christopher and others must accept the consequences of their actions, only an inhumane and unjust system would apply Georgia's laws (SB 440 & SB 441) to children, removing them from the juvenile justice system and placing them in an overly populated adult prison system, where the chance of rehabilitation is almost non-existent.


After two years, Christopher was placed under a 24-hour suicide watch after slitting his wrist. Being incarcerated from a young age with murderers and hardened criminals can extract that kind of emotional toll on a young teen. He has, to say the least, been emotionally damaged.


Mixing men and children together in prisons creates the perfect school for debauchery. I was devastated to discover that he was physically and emotionally assaulted, and a prison guard turned a blind eye during these disgusting incidents.


My son and other young inmates do not belong in an adult prison where other seasoned inmates prey on their weaknesses, innocence and vulnerabilities. We need to do away with draconian laws that oppress and humiliate our children. Instead, they need a system that will give them the help they so desperately need.


My son is currently enduring a living hell which will last until he is 44 years old.
During these 14 years of serving his sentence, Christopher continues to express his genuine remorse about his choices as a teenager and continually expresses repentance for his actions. However, he can do little else to make restitution while in prison.


Recently, Georgia's new governor, Nathan Deal, has quietly indicated that he may be willing to reassess SB 440 and 441. It is still a long way from becoming reality, but reforming the 1990s-era laws could provide my son the opportunity to be heard in this life. As an advocate, it also provides me a chance to help change these horrific, unjust laws that so detrimentally effect all youth.


As Christopher's mother, I want his story to be yelled from every rooftop. I want him and others like him to have an opportunity for restoration, rehabilitation and a safe reintegration into society.


I want them to be given a second chance to have a productive life.

 

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For more information about Jujuana Calloway's story, please contact Shanta' Gray, Program Coordinator of the National Parent Caucus at sgray@cfyj.org


If this story has touched your heart or you feel empowered to be a juvenile justice advocate, please consider joining the National Parent Caucus (NPC). The NPC has a monthly call the first Thursday of each month. We invite anyone who cares about the well-being of children involved in or at risk of becoming involved in the juvenile or criminal justice system to join us on this call. 

 
For more information about the National Parent Caucus, contact Shanta' Gray at sgray@cfyj.org.  

 

-Shanta Gray, Program Coordinator

 



VOICES

Hand writing on paper

Michael Kemp has been working as a fellow for the Campaign for the last three months. He was recently awarded a 2011 Activist Award from the Washington Peace Center. The D.C. community nominated him for his important work stopping the school to prison pipeline and with Free Minds Book Club & Writing Workshop. He was honored at the 7th annual Activist Awards Grassroots Gala on Thursday, December 8th, where he recited a poem reflecting on youth and activism. Thank you so much for all your hard work Michael and congratulations!   

HAPPY HOLIDAYS! ARE YOU ENGAGED?   

By Michael Kemp

 


This is a time of togetherness, a time where friends and families must come together to show that they care about one another. It's not about the physical gifts that are given during this season, but it's the gift of love and support that matters the most. Just knowing you have someone there for you makes a huge difference. I can't name anyone who can honestly say they don't need anyone by their side. But I've learned that however much you want to support others, you can't give something that you are yet to have yourself. But when you find that love of yourself, don't be afraid to share that love with someone who may really need it, especially at a time like this.


The first word that comes to mind when I think about engagement is commitment. Perhaps this is because of the marital association with the word engagement, but being engaged to someone or in something requires a commitment to that someone or something. It requires being selfless: being there for someone or a cause because you care and want to make a difference. If I have anything to do with it I'm hoping for the best possible outcome not only for myself, but most importantly for the person or cause I was there for in the first place. I can honestly say my life would've been totally different if I would have had the proper engagement during my upbringing, but life is life so I also wouldn't be writing this article.


I want to stress the importance of being engaged not only during this wonderful holiday season, but also throughout the whole year. There is always someone out there who needs love, support, or someone to actually show them that someone cares. Even taking the time out of your day to sit down to talk to someone about their problems can help because it shows that you're willing to give that listening ear. It's sad to say that it took for me to get in trouble with the law to receive the proper help and support I needed; however, I want to emphasize it wasn't the criminal justice system that gave me that help. It was a few organizations with some good hearted people who were willing to engage with me. 


The thought I want to leave you with is this: no kid should be sacrificed to the adult criminal justice system, and a kid should not have to be incarcerated for people to see the damage that has been done. We need more programs and organizations out in the communities to engage with the youth before things "go wrong." You can't fix something you can't see. So if you were blind before, I hope you're not now. Have a happy holiday and stay engaged...


Michael Kemp @ Campaign for Youth Justice


For more articles from Michael, visit: http://www.cfyj.org/e-newsletter.html   

  

 

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ON THE CALENDAR
Calendar dates
Mark Your Calendars for Some Upcoming Events!

 

Save the Date

 


March 5-11, 2012

Healing Justice Coalition Invites you to join in celebration of Juvenile Justice Week of Faith and Healing 2012!

Participate at your own place of worship through prayer, service and action to raise awareness on the needs of victims, incarcerated children and families of both.

This year in California over 300 faith-based organizations and schools participated in JJWFH 2011. Take a look at some of the activities from that event!

Visit the website for materials and ideas on how your congregation can be a part of this annual event that benefits some of our most marginalized youth.   

 

  

  


TAKE ACTION, SPREAD THE WORD 

 

On November 3, Free Minds Book Club released the brand new Literary Journal, They Call Me 299-359: Writings by the Incarcerated Youth of Free Minds Book Club &Writing Workshop, an anthology of essays and poems written, edited and compiled by incarcerated youth from Washington, D.C.

 

Every year, dozens of teenagers in Washington, D.C. are charged and incarcerated as adults for felony crimes. While most are eventually found innocent and released, other go on to serve sentences that range from a year to life. When they turn 18, they are transferred from D.C. Jail to federal prisons.

 

They Call Me 299-359 contains hundreds of poems and essays written by those young men behind bars. After a call went out for submissions to the anthology, entries flooded in from young men around the country to the editorial panel of three - Kenneth, Jonas and Paulo, who are also locked up.

 

Editor Paulo says: "Writing has reshaped my life and thoughts. It has given me ideas of how to see and live life in a positive spin. Through my writing, I have come to speak to the world."

 

The idea for the book grew out of the reaction of families, audiences, law enforcement, and judges to public readings of poems and essays from DC's young inmates. They Call Me 299-359 gives voice to teens who have grown up in some of Washington, D.C.'s most struggling and impoverished neighborhoods. Its authors paint a picture of struggle and fears, but also hope for change and redemption," says Kelli Taylor, Free Minds Co-Founder and Board Chair.

 

Copies of They Call Me 299-359 are available for a donation. If you would like to obtain the book, please contact the Juliana Ratner, Program Director at juliana@freemindsbookclub.org or 202.758.0829.

 

Free Minds is also using the book as a teaching tool as part of its "On the Same Page: Free Minds Poetry in the Community" initiative. If you know of a class or organization that would be interested in having Free Minds Poets present, please contact Juliana.

 

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Host a Film Screening 

 

Are you interested in raising awareness and/or learning more about the impact of prosecuting youth in the adult criminal justice system? By hosting a film screening, you will be the catalyst for change. You can use these parties just to learn more, or to raise awareness, recruit volunteers, and educate legislators. Hosting a party is easy, important and a great way to educate others about this atrocity. Our Recommended Film List and House Party Kit include a list of films to watch, a sample invitation, a planning checklist, and ideas to make your party personal and fun.

 

Click here for a list of films.

 

Click here for information on how to host a house party film screening. 

 


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HOW YOU CAN HELP

13daysleft

The momentum for change must continue! With your help, we can expand grassroots campaigns on the ground in new states to show support for reform.

To launch grassroots campaigns in new states in 2012, we have initiated the "12 by 12" Campaign to raise $12,000.

Please consider donating $12 and inviting 12 of your friends to each donate $12.

To donate, go to http://www.cfyj.org/donate.html.

Tell 12 friends about the "12 by 12" Campaign by forwarding this email.

Let's work together to stop these inhumane, unjust and ineffective policies!

Thank you for your time and consideration!

 

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CAMPAIGN STRATEGIES AT A GLANCE

Celebrate Your Successes: A Campaign Approach to Ending the Practice of Prosecuting Youth as Adults   

by Liz Ryan 

 

We are asked regularly why we take a campaign approach to ending the practice of prosecuting youth in adult courts and thought we'd start a series of conversations in our newsletter to discuss all the various aspects of a "campaign."

 

As your campaign is underway and you meet one or more of your goals, be sure to take time and celebrate your success! It is crucial that we take time to celebrate the milestones that we achieve towards our long-term goals of eliminating the prosecution of youth in adult criminal court. Here are some ideas on how to celebrate:

(1) Thank everyone involved

Call, write a short email or send a hand written note to everyone who was part of achieving your goal! A thank you makes people feel appreciated for their contributions and keeps people engaged and enthusiastic in the work!

(2) Publicly recognize your supporters

Consider listing your supporters on an email, newsletter or website thanking them for their contributions. Write a short article about the effort and include brief quotes from some of the individuals involved.

(3) Include a celebration in a regularly scheduled activity

If your coalition meets monthly, include a celebration as part of the agenda. Bring a cake, cupcakes, or other snacks. Create space for participants to share stories of the success and recognize people for their efforts.

(4) Host a celebration

It is crucial that we actually take time to celebrate success! We are sometimes so caught up in the work that we keep going without taking time to "smell the roses" so to speak. Planning a celebration can be fun and engaging and an opportunity to put your creativity to work.

(5) Document your success

Take a photo of the celebration, the cake, and the people involved! Or video tape the event. Keep a list of people that were part of the effort and what they contributed. If time permits, write a short report capturing the success. These photos, videos and documents will help you to remember what you've achieved and also get you through the difficult moments when it feels like success is far away.

For previous articles, visit the campaign resource center at: http://www.cfyj.org/advocacy-resource-center.html.  

 

Please share your feedback, comments and ideas on this article! We'd also like to know what questions you have about campaigns and what topics you'd like to see in future articles. 

 

 

  



EXTRAS

Greg Johnson - Federal Field Organizing Fellow


CFYJ welcomes Greg Johnson as the new Federal Field Organizing Fellow. Greg is responsible for advocacy, outreach, and events in targeted states with core constituencies, including youth and families who are directly affected by the justice system, youth groups, youth service providers, grassroots organizations and other advocacy groups. Prior to joining CFYJ, Greg worked as an organizer and training coordinator with Southern Echo, Inc., a community organizing, training, and technical assistance organization working to empower black, brown, and low-wealth communities. Greg has also interned with the NAACP Legal Defense and Educational Fund and the Advancement Project. He is a graduate of The George Washington University Law School.  

 

  





 

  

December 5, 2011
  

Campaign for Youth Justice


  

Happy Holidays! 

 

The holiday season provides us with a unique opportunity to reach out and make meaningful connections with youth who are detained or incarcerated in adult jails and correctional facilities across the country.  Spending the holidays away from family can be hard, but being locked up too far from home to receive visits is especially painful for both the children and their families. It means so much to these youth when someone remembers them, even with the simplest gift, card or event. It gives these youth hope to know that someone cares, someone thinks about them, and someone is working for them throughout the year.

 

Here are some ways to support incarcerated youth during the holidays:

 

Holiday Party & Book Drive for Incarcerated Youth

 

 

Wednesday, December 7th, 2011

4:00 pm - 7:00 pm

Busboys and Poets

5th and K Streets, NW, Washington, D.C.

Light Refreshments, Cash Bar

RSVP: Shanta Gray at sgray@cfyj.org

 

 

The event is free and all are welcome! We will be collecting financial donations to purchase books for the weekly book club and workshops run by Free Minds Book Club and Writing Workshop for the nearly 50 youth incarcerated youth at DC's adult jail.  Suggested donation is $25 but we will accept any amount. No books please as we are purchasing books on the reading list for the program.  Please write"Book Drive" in the notes field of your donation.

 

Click here to donate online   

  

To donate by mail, please make your check out to "Campaign for Youth Justice" and mail to:

Campaign for Youth Justice
1012 14th Street, N.W., Suite 610
Washington, DC 20005 
     

 

Host a Holiday Card Collection

 

Consider collecting holiday cards to send to incarcerated youth in your area as well as to give to incarcerated youth for them to send to their families and friends during the holiday season.  For ideas on cards and 'how to' tips, visit: http://www.cfyj.org/documents/Holiday_Toolkit.pdf.

 

 

Organize a Holiday Event

 

For ideas on hosting a holiday event or activity for incarcerated youth, here is a toolkit with a few ideas: http://www.cfyj.org/documents/Holiday_Toolkit.pdf. This toolkit includes a few ideas for holiday projects that you can put together to reach out to incarcerated youth. Besides making a difference to these most affected populations, holiday outreach is an amazing opportunity to connect with, inform, and empower community groups. If you are working as part of an organization, this outreach will enhance your organization's visibility in the community and strengthen its partnerships in the field.

 

Thank you for your consideration!

 

Seasons Greetings!

 

Campaign for Youth Justice



 
 
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Campaign for Youth Justice 

 

The Campaign for Youth Justice is a national organization dedicated to ending the practice of trying, sentencing, and incarcerating youth under the age of 18 in the adult criminal justice system. 

 
   
 
   
 

New Report Shows Crucial Role of

Foundations in D.C. Juvenile Justice Reforms

 

Washington, D.C. - A new report released today by the Moriah Fund, the Carter and Melissa Cafritz Charitable Trust, the Meyer Foundation, and the Public Welfare Foundation shows how a collaborative effort between local D.C. foundations and national funders supported the transformation of the District's juvenile justice agency. The report, Notorious to Notable, details how the agency was transformed from one of the worst to one of the most notable, winning recognition as one of the Top 50 Innovations in American Government by the Harvard University Kennedy School of Government.

 

Key accomplishments profiled in the report include:

  • Closure of the notorious Oak Hill Youth Center, D.C.'s juvenile prison;
  • Replacement of Oak Hill with a modern, award-winning facility, New Beginnings Youth Development Center, geared towards youth rehabilitation and development with a nationally acclaimed educational program, the Maya Angelou Academy;
  • Dramatic reduction in the over-reliance on unnecessary incarceration in the District;
  • Creation of a network of community-based alternatives to incarceration.

The report documents how leaders in the foundation community devoted their time to bringing other national and local foundations on board, while collaborating in a way that made the whole greater than the sum of the parts. Key strategies that foundations initiated included engaging funders, advocacy, strategic investments in programs, capacity building, and technical assistance.

 

"The foundation community's collective efforts to invest in overhauling the District's juvenile justice system have resulted in the closure of one of the nation's worst juvenile prisons.  We applaud the accomplishments that have been achieved through these efforts and reaffirm our support for continued success."

-   Rubie Coles, Associate Director, the Moriah Fund

 

"This initiative is a model for how foundations can work collaboratively to achieve positive outcomes for youth and the community.  Our efforts to partner with government and the non-profit sector achieved results well beyond what any one foundation or sector could do alone."

-   Carmen James Lane, Senior Program Officer, the Meyer Foundation 

 

"One critical factor behind the D.C. reforms was the philanthropic support for advocacy efforts led by youth, community members and non-profit organizations.  These advocates demanded an end to the failed practices of the past, and continue to serve as a consistent voice in pushing the District to improve its approach toward juvenile justice."

-    Katayoon Majd, Program Officer for Juvenile Justice, Public Welfare Foundation 

 

"The foundation community strongly supported major changes in how the District treated youth in the system and provided more support for youth after release.  We made our support known and visible and were pleased that city officials and others were responsive to charting a new and more effective approach towards supporting young people who come into contact with the legal system."

   Mary Hallisy, Executive Director, Carter & Melissa Cafritz Charitable Trust 

 

 

###

 

The full report is available online at:

 

                     

 

 



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Locking Up Children For Life In The US

Children's Rights, USA | Posted by: , November 30, 2011 at 11:11 AM
Christi Cheramie

Christi Cheramie was sentenced to life imprisonment without the possibility of parole at the age of 16 in 1994.

While their peers are finding dates for prom, submitting college applications, and starting families, over 2,500 prisoners sit behind bars in the US without the possibility of parole. What makes these prisoners unique is that they were all sentenced for crimes committed while they were children.

The US is the only country in the world that pursues life imprisonment without parole against children – and it does so regularly. The UN Convention on the Rights of the Child expressly prohibits life imprisonment without the possibility of release committed by people under 18 years old. All countries except the USA and Somalia have ratified the Convention.

Americans under the age of 18 are barred from many activities including voting, buying alcohol, gambling, or consenting to most forms of medical treatment, yet children as young as 11 at the time of the crime have faced life imprisonment without the possibility of parole. This needs to change.

juvenile life without parole infographicAmnesty’s new report “This is where I’m going to be when I die” illuminates this often neglected issue through the stories of three individuals who will spend the entirety of their adult life behind bars – Jacqueline Montanez, David Young, and Christi Cheramie.

Christi was convicted of murdering her fiancé’s great aunt at the age of 16 but has maintained her fiancé carried out the murder. A psychiatrist described Christi as “depressed, dependent, and insecure” and as “fearful of crossing” her fiancé. She experienced a long history of sexual abuse and was hospitalized for a suicide attempt at the age of 13. Her case was transferred to an adult court before a hearing could be held that would have considered factors such as her mental health and amenability to rehabilitation. Eighteen years later, Christi is now 33 years old, has obtained her high school equivalency diploma, and has a degree in agricultural studies. Her warden describes her “worthy of a second chance”.

Christi is not alone. In the USA, life without parole can be imposed on juvenile offenders as a mandatory punishment – without consideration of mitigating factors such as history of abuse or trauma, degree of involvement in the crime, mental health status or amenability to rehabilitation. A 2005 study found that nearly two-thirds of males and three-quarters of females in the juvenile justice system meet the criteria for one or more psychiatric disorders.

For most of these juvenile offenders life without parole was their first-ever criminal conviction.

Juvenile offenders suffer greatly in adult prisons. One study found that juveniles had the highest rate of suicide among inmates. The study also found that in 2005, 21 percent of inmate-on-inmate sexual violence cases were committed against juveniles who only make up about 1 percent of the prison population. Another study found that juveniles are five times more likely to be sexually assaulted in adult prisons than in juvenile facilities.

Racial biases are pervasive throughout our justice system and juvenile sentencing is not immune. In fact, black youth receive life without parole sentences an estimated ten times more than white youth.

In May 2010, the US Supreme Court prohibited life without parole sentences for non-homicide crimes committed by juveniles. The Court described these sentences as “an especially harsh punishment for a juvenile”, because a young offender will generally serve more years and a greater percentage of his or her life in prison than an older offender. This month, the Court agreed to reconsider the sentence for crimes involving murder with a decision expected by this summer.

While crimes committed by juvenile offenders should not go without repercussions, the law should reflect children’s behavioral malleability and capacity for positive change. It is clear that the US criminal justice system is in dire need of reform. We cannot continue to claim we espouse freedom, equality, and integrity while we sentence children to decades of abuse and inevitable death behind bars.

Take action for Christi Cheramie and other individuals by participating in our global Writeathon.

Emily Guthrie contributed research to this post.



US must stop jailing minors for life, says Amnesty

Generic prison picture Amnesty says severe sentences for young offenders often do not take account of mitigating factors

Amnesty International has called for the US to stop sentencing juveniles to life in prison without parole.

More than 2,500 adults are in US jails for crimes committed as a child - under current rules they will never be freed.

In its new report, Amnesty says the practice is incompatible with the basic principles of juvenile justice.

The US and Somalia are the only two countries not to have ratified a UN convention that bans life in jail without parole for under-18 year olds.

'Potential for rehabilitation'

Amnesty says offenders as young as 11 have faced such sentences in the US.

"In the USA, people under 18 years old cannot vote, buy alcohol, lottery tickets or consent to most forms of medical treatment," said Natacha Mension, of the human rights group.

AMNESTY CASE STUDY

Christi Cheramie was jailed for life without parole in 1994 in Louisiana when she was 16 years old. She was convicted of second-degree murder in the killing of her 18-year-old fiance's great aunt. Cheramie says he did it.

She says she pleaded guilty just before her trial in an adult court began to avert a potential death sentence. A psychiatrist who saw Cheramie before trial said she seemed "fearful of crossing" her fiance. Her childhood was marked by sexual abuse. At age 13, she was admitted to a psychiatric clinic after suicide attempts.

In 2001, Cheramie tried to withdraw her guilty plea, but the request was denied. Now 33, she has a high-school equivalency diploma and a degree in agricultural studies. A warden says Cheramie is "worthy of a second chance". She is applying to the state prison board for executive clemency.

"But they can be sentenced to die in prison for their actions. This needs to change."

More than half of US states have approved the use of mandatory life sentences without parole for some serious crimes, such as murder.

The US Supreme Court has already acted on some aspects of youth sentencing - and a review is underway.

In May last year it banned sentences of life without parole for minors in non-murder cases.

Earlier this month, it agreed to consider the issue in relation to homicide cases, too; a decision is not expected until next year.

Amnesty's report, This is where I'm going to be when I die, says such sentences are handed down without considering factors such as history of abuse or mental health.

"We are not excusing crimes committed by children or minimizing their consequences, but the simple reality is that these sentences ignore the special potential for rehabilitation and change that young offenders have," said Ms Mension.

Amnesty wants the US to ratify the UN Convention on the Rights of the Child, which has been in force for two decades.

It prohibits the imposition of life imprisonment without the possibility of release for any offence committed by under-18-year-olds.

More on This Story

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top 
Campaign for Youth Justice 

 

The Campaign for Youth Justice is a national organization dedicated to ending the practice of trying, sentencing, and incarcerating youth under the age of 18 in the adult criminal justice system. 

 
   
 
   
 

YOU'RE INVITED

  

Please join us and the rest of the country for a Virtual Watch Party tonight at 10 p.m. EST on MSNBC

  

  

Young Kids, Hard Time 

 

Take a look into the unseen world of young children serving decades behind bars in America's adult prison system.... 

 

Tonight at 10 pm EST, MSNBC will premiere "Young Kids, Hard Time," a one-hour documentary narrated by Rick Springfield that throws back the veil on the reality of young kids serving long sentences in adult prisons. 


"Young Kids, Hard Time" reveals what life is like for young kids staring down decades behind bars. Calamari Productions was granted sweeping access inside the maximum security Wabash Valley Correctional Facility in Carlisle, Indiana - the only adult prison in the state of Indiana that houses kids sentenced as adults. The film delves into the everyday struggles encountered by these 53 kids on the Youth Incarcerated As Adults cellblock (YIA).


For more information or to host your own viewing party, email info@calamariproductions.com


For more information on the documentary, youth in the adult criminal justice system and a guide for hosting a house party, visit www.cfyj.org/join-the-movement.html

 

                     

 

 



 
 
top 
Campaign for Youth Justice 

 

The Campaign for Youth Justice is a national organization dedicated to ending the practice of trying, sentencing, and incarcerating youth under the age of 18 in the adult criminal justice system. 

 
   
 
   
 

 

 

September 13, 2011

www.act4jj.org

Help Restore Critical Juvenile Justice Funding!

Tell the Senate to Preserve Federal Protections for Youth and Communities

 

This Wednesday, September 14 at 2:30 p.m. EST, the U.S. Senate Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies (CJS) will consider its appropriations bill for the FY 2012 cycle.  The CJS Subcommittee has jurisdiction over all federal juvenile justice programs, including those programs authorized by the Juvenile Justice and Delinquency Prevention Act (JJDPA).

 

This past July, the House Appropriations Committee approved funding levels totaling only $123 million for juvenile justice programs in FY 2012 - a 55% reduction from FY 2011 and a more than 70% cut from FY 2010.  Specifically, the House Appropriations Committee wants to decrease funding for the JJDPA Title II programby more than 35% and eliminate two other key programs all together. 

These reductions will undermine our collective efforts to strengthen the JJDPA, and jeopardize juvenile justice improvements essential to protecting our nation's communities and most at-risk youth.

We need your help!  Please sign on to the support letter and join the National Juvenile Justice and Delinquency Prevention Coalition and Act4JJ in telling the Senate to preserve and restore critical juvenile justice funding.

To sign on to the support letter, send your contact information and the name of your organization to andrews@juvjustice.org by Tuesday, September 13 at 3:30 p.m. EST.

Thank you! 



 
top 
Campaign for Youth Justice 

 

The Campaign for Youth Justice is a national organization dedicated to ending the practice of trying, sentencing, and incarcerating youth under the age of 18 in the adult criminal justice system. 

 
   
 
   
 

 

Thank you so much for all of your support for National Youth Justice Awareness Month! We are even further toward our goal of raising $25,000. Please continue to support us and spread the word. Your efforts will help generate awareness of the quarter of a million children tried, sentenced or incarcerated as adults every year. We would appreciate your sharing the letter below with your contacts, and please consider making a donation of $20. Click here to donate online.  

  

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Participant in 2010 Wisconsin Race Onalaska Wisconsin is one of over 20 locations hosting events in honor of National Youth Justice Awareness Month. This year they will host their 2nd Annual Juvenile Justice Awareness 5K Run/Walk on Sunday, October 16th. Race day registration will begin at noon, and the event begins at 2 p.m. Below are a few words from Race Coordinator and Parent Vicky Gunderson.


My name is Vicky Gunderson. One week after my son Kirk turned 17 years old, he was incarcerated in the adult justice system. Under current law in Wisconsin, the definition of an adult for the purposes of criminal and civil violations is: "for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal law or any civil law or municipal ordinance, a person who has attained 17 years of age is defined and treated as an adult."

 

Youth incarcerated with adults are 36 times more likely to commit suicide. Kirk died by suicide while incarcerated. It is my hope to bring awareness and education to our community and others about the risks associated with incarcerating youth with adults. We need to keep our youth active with healthy choices while making sure they are held accountable for their actions. To support Raising the Age in Wisconsin and all states so not one youth is incarcerated with adults in jails and prisons, join us for this educational awareness 5K. If you have questions, you may contact Vicky Gunderson by phone or email at vicgundy@aol.com or 608-385-7600.  

  

For more information on Vicky's event and events in other states throughout the country, please visit: http://www.campaignforyouthjustice.org/change-the-system/national-youth-justice-awareness-month/state-by-state-events.html

 

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August 23, 2011

 

Dear Allies,

 

On the afternoon of January 4, 2008, Tracy McClard, a mother in Jackson, Missouri, received a call from the Missouri Department of Corrections. The call was to inform her that her seventeen-year-old son, Jonathan, was dead. Jonathan had taken his own life when an adult sentence made it impossible for him to see a future for himself, especially a future that included his dream of becoming a doctor. Jonathan McClard was one of the thousands and thousands of children that end up in the adult criminal justice system every year. His future and the others like him are forever changed by adult convictions that put up barriers to education, housing and employment.  In addition to these barriers, children like Jonathan face bleak living conditions where they are 36 times more likely to commit suicide and are the most vulnerable population of inmates at risk of sexual assault.   It doesn't seem to matter that the ideas behind these laws have been debunked and we now know that trying, sentencing and incarcerating children as adults actually increases crime and makes things worse, not better.

 

Tracy knew the truth about what had happened to Jonathan and was determined to stop it from ever happening to another mother's son or daughter.  In 2008, she began a 5K Race to bring public awareness to this issue and to educate her Missouri lawmakers.  Tracy joined the National Parent Caucus, a project of the Campaign for Youth Justice, and shared her vision for a series of events that would be held in every state in the country.  Her enthusiasm was contagious and this year we have twenty state groups that will be holding a community event to raise public awareness about the dangers and irrational practice of treating children as adults!  With Tracy's help, four other states participated in last year's events that drew a great deal of media coverage and were very successful.  Tracy isn't stopping there!  

 

In a few short years, Tracy has educated countless numbers of the uninformed public, state representatives, congressional members, youth and others.  She has truly been an inspiration to the nearly 400 families from around the country who are working with the National Parent Caucus and to all she meets.  This is a real grassroots effort and families and organizations from around the country have stepped up to help Tracy in her outstanding and phenomenal work. 

 

We are excited and motivated by the wonderful events taking place across the country in honor of National Youth Justice Awareness month in October.  Every year a quarter of a million youths are tried, sentenced or incarcerated as adults.  Twenty local groups are hosting events this year.

 

Please support their efforts by donating towards the "20 for 20" campaign.  We are asking our supporters for a small donation of $20.00.  Help us reach our goal of raising $25,000. Your 100% tax-deductible donation will go directly to the twenty local group events.

 

For more information please visit the website: http://www.campaignforyouthjustice.org/change-the-system/national-youth-justice-awareness-month.html.

 

Thank you in advance for your consideration!

 

Sincerely,

 

The Campaign for Justice Team

 

 

 Donations can be made online or by check. Simply write "National Youth Justice Awareness Month" in the purpose field.

 

Click here to donate online.  

 

To donate by mail, please make your check out to "Campaign for Youth Justice" and mail to:

Campaign for Youth Justice
1012 14th Street, N.W., Suite 610
Washington, DC 20005
 

                     

 

 

 
 
 



12-Year Old Learns Fate In 2010 Killing

By Jeff Neumeyer

 
January 4, 2011 Updated Jan 4, 2011 at 7:36 PM EDT

KOSCIUSKO COUNTY, IN (Indiana's NewsCenter) --- He's only a child, but 12-year old Paul Gingerich was sentenced Tuesday like an adult in connection with a gun slaying last spring.

Defense lawyers in the Kosciusko County case say the punishment handed down does not equate to justice served.

A 25-year sentence was doled out to the young boy on a charge of conspiracy to commit murder for the shooting death of 49-year old Phillip Danner.

Danner was shot and killed in his Cromwell home in April of last year.

The sentence for Gingerich is essentially what Danner's 15-year old stepson Colt Lundy received, and Gingerich’s lawyers say that’s not fair, because they believe Lundy was the mastermind behind the killing.

Gingerich told the court he was sorry for what happened to Danner, saying, “I did wrong and I stand ready to take my punishment.”

Lundy obtained guns and he and Gingerich shot and killed Danner, before the two boys and another 12-year old drove to Illinois, where they were apprehended.

Lundy told authorities the boys planned to run away to Arizona and sell t-shirts to drug dealers.

The defense argues Lundy hatched the idea and bullied the others into going along with the killing.

William Cohen/Defense Lawyer: " He's like a pied piper. He's a 15-year old boy telling these 12-year old boys what to do, and that's basically what happened, it's not like Paul Gingerich, a 12-year old, had any idea to do that."

Cohen claims that Lundy at times shot the other boys with BB guns, and that they followed his lead out of fear.

Cohen and co-counsel Fred Franco were most disturbed that Kosciusko County Circuit Court Judge Rex Reed sent Gingerich to the Wabash Valley Correctional Facility, a youth incarcerated as adults center, rather than a juvenile prison.

The family of Phillip Danner did not speak at the hearing, but Judge Reed said they expressed their frustration to him in letters, questioning why the murder charges against Lundy and Gingerich were thrown out in plea agreements.

Prosecutors opted to accept the lesser conspiracy to commit murder charges.

Judge Reed said this case has caused him much frustration, that he'd like to know why the killing happened, but he conceded we’d likely never get a satisfactory answer.

He added we couldn’t lose sight of the fact this case is really about Phillip Danner, who cannot be brought back to his grief-stricken family.



 

 

Weekly News Roundup 
March 18, 2011  
  

Campaign for Youth Justice


 A sampling of recent news stories related to the prosecution of youth as adults 

 

 

Juvenile Justice Matters!


Tune in to Juvenile Justice Matters on Thursday, March 24 at 4:30 EST as we discuss the State Trends Report recently released by Campaign for Youth Justice. State Trends: Legislative Changes from 2005 to 2010 Removing Youth from the Adult Criminal Justice System provides state policymakers, the media, the public, and advocates with the latest information about youth in the adult justice system. The first half of the report explains the dangers to youth, public safety, and the overall prosperity of our economy and future generations.  The second half of the report examines 27 positive pieces of legislation enacted in 15 states during the last 5 years, as well as highlights active reform efforts underway. The reports Author Neelum Arya, National Research and Policy Director at the Campaign for Youth Justice will join us, as well as Kim Dvorchak, Executive Director of the Colorado Juvenile Defender Coalition and a state that is mentioned in the report. You won't want to miss this show, March 24 at 4:30 p.m. EST.

 

Listen to the last airing of Juvenile Justice Matters. We spoke to Ellenette Brown, the adoptive mother of Cyntonia Brown, a young woman who is currently serving a life sentence for a murder she committed when she was 16. Daniel H. Birman, director of "Me Facing Life: Cyntonia's Story" also joined us. Tune in to hear the tragic story of Cyntonia Brown. 


JOIN THE MOVEMENT!  


Find us on Facebook    

Follow us on Twitter
 
See the Campaign's YouTube channel.  

Read JJ Today, Youth Today's Blog on juvenile justice and youth transfer.


 
 
The Campaign for Youth Justice is a national campaign dedicated to ending the practice of trying, sentencing and incarcerating youth under the age of 18 in the adult criminal justice system. 

This weekly publication will provide you with a sampling of news, editorials, opinion pieces and other commentary related to the prosecution of youth as adults.

Campaign for Youth Justice | 1012 14th Street NW, Suite 610
Washington, D.C. 20005
202-558-3580

 

States change laws, send fewer juveniles to adult court

By Martha T. Moore, USA TODAY

Updated 7h 24m ago |

 0 |  0

Fewer kids in trouble are being sent to adult court because of a five-year trend of states changing laws to keep young offenders away from adult prison, according to a report out today from the Campaign for Youth Justice, a Washington, D.C., organization that focuses on the issue.

 

Three states have now raised the age at which kids are automatically tried as adults to 18. Connecticut, where change was spurred by the suicide of a 17-year-old in adult prison, considers juveniles all those under age 18. Illinois now keeps 17-year-olds charged with misdemeanors in juvenile court. In Mississippi, all 17-year-olds except those charged with murder, rape or armed robbery now are kept in juvenile jurisdiction.

Massachusetts, where 17-year-olds are considered adults, and North Carolina, which is one of two states that automatically sends 16- and 17-year-olds to adult court, are poised to make similar changes.

Ten states have made it harder to transfer youths from juvenile to adult court, according to the report. Colorado, Maine, Virginia and Pennsylvania passed laws to keep young offenders in juvenile lockups rather than adult prison while awaiting trial or serving a sentence.

"This is a good news report. This really shows that there is a turning tide in the way states are treating kids in the juvenile justice system," says Liz Ryan, director of the Campaign for Youth Justice.

About 250,000 youths under 18 are prosecuted in adult court annually, according to the report. Nearly 3,000 were held in adult prisons in 2009, according to the federal Bureau of Justice Statistics.

 

Driving the trend away from adult prosecution: studies on adolescent brain development showing that impulse control and judgment are not mature until the early 20s.

Teenagers "need to be held accountable (for crimes) ... but there needs to be some understanding that they are not fully developed," says Ned Loughran of the Council of Juvenile Correctional Administrators. An adolescent brain is "a car that works pretty well, but the brakes aren't there."

That research has also influenced state laws raising the drinking age to 21 and restricting teen drivers, says Annie Salsich of the Vera Institute of Justice, a research and advocacy group. "There's an increasing acknowledgement that we need to treat children as children," Salsich says. "There's a philosophical shift that's driven by the research."

While juvenile facilities cost more annually than adult prison — because they must offer schooling, counseling and other programs — lower recidivism rates mean the long term public costs are lower, says Neelum Arya, who wrote the Campaign for Youth Justice report.

"Incarcerating youth in adult prison is the most expensive option that consistently produces the worst results."

 

http://www.usatoday.com/news/nation/2011-03-12-juvenileWEB1_ST_N.htm

__._,_.___

Families & Allies,

It's long, but in case anyone is interested, here's a link to the full report about state trends in keeping youth out of the adult criminal justice system.  Virginia is mentioned in several places.

Full report: http://www.campaignforyouthjustice.org/documents/CFYJ_State_Trends_Report.pdf

Here's a short summary from the Campaign for Youth Justice website:

New Article Highlights State Legislative Changes and Reform Efforts over the Last Five Years

Neelum Arya, National Research and Policy Director at the Campaign for Youth Justice, recently authored the report, State Trends: Legislative Changes from 2005 to 2010 Removing Youth from the Adult Criminal Justice System, which provides state policymakers, the media, the public, and advocates with the latest information about youth in the adult justice system. The first half of the report explains the dangers to youth, public safety, and the overall prosperity of our economy and future generations.  The second half of the report examines 27 positive pieces of legislation enacted in 15 states during the last 5 years, as well as highlights active reform efforts underway in four categories:

  • Trend 1: Four states (Colorado, Maine, Virginia and Pennsylvania) have passed laws limiting the ability to house youth in adult jails and prisons.
  • Trend 2: Three states (Connecticut, Illinois and Mississippi) have expanded their juvenile court jurisdiction so that older youth who previously would be automatically tried as adults are not prosecuted in adult criminal court.
  • Trend 3: Ten states (Arizona, Colorado, Connecticut Delaware, Illinois, Indiana, Nevada, Utah, Virginia and Washington) have changed their transfer laws making it more likely that youth will stay in the juvenile justice system.
  • Trend 4: Four states (Colorado, Georgia, Texas and Washington) have changed their mandatory minimum sentencing laws to take into account the developmental differences between youth and adults.

This report arrives at a moment when there is a real opportunity for reform.  States are recognizing that youth have developmental differences from adults as well as a great potential for rehabilitation, both of which should be taken into account in sentencing.


Liane

Liane Rozzell, Executive Director
Families & Allies of Virginia's Youth (FAVY)
701 S. Wayne Street
Arlington, VA 22204
www.FAVYouth.org

Liane@FAVYouth.org
703-338-FAVY (3289)
Liane

Liane Rozzell, Executive Director
Families & Allies of Virginia's Youth (FAVY)
701 S. Wayne Street
Arlington, VA 22204
www.FAVYouth.org
Liane@FAVYouth.org
703-338-FAVY (3289)


On Wed, Mar 16, 2011 at 9:14 AM, <Liane@favyouth.org> wrote:
Good USA today article about trends to keep youth out of the adult system.

Liane Rozzell


http://www.usatoday.com/news/nation/2011-03-12-juvenileWEB1_ST_N.htm?sms_ss=email&at_xt=4d80b7c2502c6e88%2C0

Tuesday, February 22, 2011

 

­­Today our hosts discuss the grieving mother who confronted a Pennsylvania judge, who was convicted of receiving $1 million in kickbacks for sending teens to a juvenile detention center, for even minor offenses. ­­­ ­

Sandy Fonzo screamed at former Luzerne County Judge Mark Ciavarella after being convicted last week of on federal racke­ttering charges. Fonzo's 17-year-old son , Edward commited suicide last year after spending months in detention, ordered by Ciavarella, for a minor drug charge where no drugs were in fact present.­

Is juvenile prison really a place where kids and teens should serve time for these kind of offenses?

In 2008, the incarcerated population reached 2.3 mil­lion; nearly three times the amount than 20 years earlier according to The Pew Center on the States. The cost of spending on corrections jumped 315% ($10.6 billion to $44 billion) from 1987, although adjusted for 2007 dollars the increase was 127%. While over that same time period, adjusted spending on higher education just rose 21%.

If you feel this is an injustice and want your tax dollars to go to higher education vs. the incarcerated, contact your local representative at House.gov.

 

 

http://www.cbs.com/daytime/the_talk/blog/?id=54650

Pennsylvania Judge Convicted in Alleged 'Kids for Cash' Scheme

 

http://abcnews.go.com/US/mark-ciavarella-pa-juvenile-court-judge-convicted-alleged/story?id=12965182

12-Year-Old Spent Two Years in Jail

Young kids sent away for minor offenses by corrupt Pa. judge.

http://abcnews.go.com/video/playerIndex?id=7183391

 

Part 1: Kids Jailed for Cash?

Part 1: Corrupt judges took secret kickbacks from detention center.

http://abcnews.go.com/video/playerIndex?id=7194700

 

Part 2: Kids Jailed for Cash?

Part 2: Corrupt judges took secret kickbacks from detention center.

 

http://abcnews.go.com/video/playerIndex?id=7194728


 

Senate Committee on Courts of Justice
 
Subcommittee Criminal

Reynolds (Chairman), Norment, Howell, McDougle, Deeds, McEachin

 

Clerk: Angi Murphy, Cheryl Law
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: January 17, 2011
Time and Place: 4:00 PM - Senate Room A

 

 

 

 

S.B. 822

Patron: Edwards

Juvenile's right to appeal transfer to circuit court.  Provides for a juvenile's right to appeal to the circuit court the attorney for the Commonwealth's decision in certain violent felony cases to transfer  the juvenile's case to the circuit court for trial as an adult.

 

Senate Courts of Justice Membership:

 

Marsh (Chairman), Saslaw, Quayle, Norment, Howell, Lucas, Edwards, Reynolds, Puller, Obenshain, McDougle, Deeds, McEachin, Petersen

 

 

SB 822 Circuit court; juvenile's right to appeal transfer of case.
John S. Edwards | all patrons    ...    notes
| add to my profiles
 

 


Summary as introduced:
Juvenile's right to appeal transfer to circuit court.  Provides for a juvenile's right to appeal to the circuit court the attorney for the Commonwealth's decision in certain violent felony cases to transfer  the juvenile's case to the circuit court for trial as an adult.

Full text:
01/06/11  Senate: Prefiled and ordered printed; offered 01/12/11 11101291D  pdf

Status:
01/06/11  Senate: Prefiled and ordered printed; offered 01/12/11 11101291D
01/06/11  Senate: Referred to Committee for Courts of Justice
01/11/11  Senate: Assigned Courts sub: Criminal

 
 

 


 

__._,_.___

 

Weekly News Roundup 
January 21, 2011  

 

Campaign for Youth Justice


 A sampling of recent news stories related to the prosecution of youth as adults 

 

National News

 

Juvenile justice group criticizes A&E over "Scared Straight" - The Crime Report 

 

State-by-State News

 

California

Budget cuts could send youth offenders to adult prisons - California Watch 


Colorado

Johnson: Charge 10-year-old in accidental fire? Grow up - The Denver Post


Indiana

State puts Gingerich in facility for youths - The Journal Gazette 


Montana

Lawmaker wants teens tried as adults in DUI vehicular homicides - KPAX 

 

North Carolina

NC task force: Raise juvenile age to 18 for some crimes - WRAL-TV5

Study panel urges NC lawmakers to raise prison age - WITN-TV 

Charging teens as adults gets scrutiny - The News & Observer 

State should raise age for charging juveniles as adults, study says - Winston-Salem Journal

Study panel urges state lawmakers to raise prison age - The Fayetteville Observer  

Task force's works to raise juvenile offender age - News 14 Carolina 

 

Pennsylvania

Court will hear Jordan Brown arguments at next session - Beaver County Times
Mother: Moser acts like he's 6
- The Altoona Mirror 

 

Virginia

Va. panel rehects bill targeting juvenile offenders - Associated Press 

 


Tune in to Juvenile Justice Matters next Thursday when we hear from Nevada Advocate Esther Brown of The Embracing Project, as well as someone who has been affected by the adult criminal justice system. We will learn how Nevada treats our youth. You won't want to miss this live show at 4:30 p.m. EST.

 

Listen to the last airing of Juvenile Justice Matters. We spoke to Rep.Carolyn McCarthy (D-NY) about the Family Justice Act, which she recently introduced, and other juvenile justice priorities in the House of Representatives.  


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Read JJ Today, Youth Today's Blog on juvenile justice and youth transfer.


 
 
The Campaign for Youth Justice is a national campaign dedicated to ending the practice of trying, sentencing and incarcerating youth under the age of 18 in the adult criminal justice system. 

This weekly publication will provide you with a sampling of news, editorials, opinion pieces and other commentary related to the prosecution of youth as adults.

Campaign for Youth Justice | 1012 14th Street NW, Suite 610
Washington, D.C. 20005
202-558-3580

U.S. To Study Youths Tried As Adults For First Time In A Decade
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
For the first time in more than a decade, the U.S. Department of Justice is attempting to gather data about the least-known group of juvenile offenders: youths who are transferred into the adult criminal court system, reports Youth Today. The Bureau of Justice Statistics is funding research organization Westat Inc. to conduct the survey. A recent study of Baltimore's transferred youth suggests that further questions loom about what happens after the decision to move a juvenile to the adult system.
Westat was chosen for the $500,000 grant and will work with subcontractor the National Center for Juvenile Justice (NCJJ) on the project. The report probably won't be published until after the 2012 elections. The most obvious question is exactly how many youth are sent to adult court? There is no credible answer now, either at the state or national level. The advocacy group Campaign for Youth Justice uses the estimate of between 200,000 and 250,000 juveniles prosecuted every year in adult courts. That figure includes juveniles who are tried as adults because the state in which they are charged has an age of jurisdiction below 18.

Youth Today

The sentencing of a 15 year old child to life in prison without the possibility of ever being paroled is wrong. The child, at 15 years old, is not responsible enough to brush his own teeth or according to society have a sexual relatioship with a girl, but he is old enough to be put on the Sex Offender registry if he does decide to have a sexual relationship; and, according to this ruling, he is old enough to go to an adult prison where he will be raped and abused by other hardened prisoners for the rest of his life. This is a child that has rehabilitation potential and this sentence is wrong from every standpoint of what is humane. Where are our human rights groups now when something like this happens to a child?

Doc and the Vision of Hope Staff.

15-year-old Dakotah Eliason sentenced to life without parole
By Dustin Grove (grove@wsbt.com)
10:15 a.m. EDT, October 25, 2010

Eliason recently celebrated his 15th birthday while in incarceration.
 
A judge has sentenced 15-year-old Dakotah Eliason to mandatory life without parole and denied the defense’s motion that the sentence is cruel and unusual punishment and violates the Eighth Amendment of the Constitution.

“Long-standing and unchallenged precedent establishes that when a juvenile is convicted of killing another human being, a life-without-parole sentence does not violate the Eighth Amendment,” judge Scott Schofield said in a written opinion Monday morning, which he also read aloud. “This court has been presented with nothing to convince it that a life-without-parole sentence is particularly cruel and unusual when imposed upon this defendant,” he continued.

Read Judge Schofield’s full written opinion here.

Dakotah was convicted of first-degree murder in August for fatally shooting his grandfather, Jesse Miles, in March.

Before he was formally sentenced, the court heard from family members who are divided on what should happen to Dakotah.

“My dad didn’t get a second chance, said Vickie Hartz, “so why should he?”

But Dakotah's father said his son - at 15 years old - should have a chance to be rehabilitated and it should be up to a parole board to decide someday.

“That’s why we have parole boards,” said Eliason, who later added the law that allows juveniles to be sentenced to life in prison without parole should be abolished.

“The bottom line is we need to stop treating these kids like adults. They're not fully formed,” he said, in front of a group of supporters.

“Anyone that's spent any time around that kid will tell you he's a loving kid, certainly at his point, people that don't know him are defining him by the one terrible thing he did but he does have remorse he does wish he could take it back,” said defense attorney Lanny Fisher.

Dakotah also stood up and addressed the court:

“I'm sorry everyone feels the way they do and I wish it wouldn't have turned out to be first degree murder. But I understand you are only doing your job, Mr. Cotter, and you did it to the best of your ability. But if I don't regret this everyday then I truly am less than human. If I don't regret what I did everyday then I do deserve to die in prison. Than I do deserve to die. And honestly if I could take it back I would. But there's no such thing that allows me to do so. And right now I'm standing on leaded legs that are made of rubber. I'm barely able to keep from pissing my pants right now. My heart's pounding in my chest. I can barely hear myself think. And the hardest part of this all is having to face my family. So Aunt Becky, Angie, to the Miles, and the Shepherds, I know you might not accept this apology, but I'm sorry. I'm sorry for all the pain you've went through. I'm sorry for all the hurt I've caused you. I'm sorry for everything I've done to the family.

And no matter what, I will still love you. No matter how mad you may be at me, I will still love you. No matter how much anyone hates me - it doesn't make a difference to me. I will still love you all because you're my family. I was born with you and I'll die knowing you're my family. I will never forget the good memories I had spending time with you. And of spending time with him. Because yeah, he was a good man, he didn't deserve it. none of us deserves to have this happen. But everyday I regret this pain everyday I deal with the pain it only gets worse. It never gets better and I never finished that statement at the station. I never finished this statement ... The tension, it goes away, but it comes back tenfold. And you deal with it on a scale that can never be measured. Right now I feel like my heart's going to burst from my chest. I feel like I'm about to die right now.  And you may feel that's what I deserve, but so be it. I still love you all."

But Prosecutor Arthur Cotter called the teenager a “very, very, very dangerous individual.” 

“In 24 years, I’ve never seen anything like it,” said Cotter in court.  “I loathe sending a juvenile away to prison for the rest of his life,” but added based on the facts of the case there was no other verdict that could’ve been returned.

Cotter argued Eliason showed no emotion or remorse immediately after the shooting and is an “intelligent, articulate” person. He said based on the results of two psychological evaluations on Eliason, he concluded “he is dangerous and I don’t believe he should ever be released.”

The results of the evaluations have not been made public for confidentiality reasons and were not entered as evidence during the trial. Cotter said in court only the defense could release the findings.

Judge Schofield spoke directly to Eliason before handing down his sentence.

“Your poor choices have earned you this sentence of life without parole,” said Schofield.  “You shot your grandfather in cold blood. You put a bullet through his head as he slept. Your culpability might have been mitigated somewhat if there had been something that would indicate that you had somehow been victimized or abused. But nothing like that has been brought to the court’s attention. No such showing has ever been made. It’s rare for everyone in a controversial case like this to agree on something. But everyone seems to agree that Jesse Miles was a good man and was good to you.”

Schofield added that no one is beyond redemption and that “your life doesn’t have to be over … you were created and put here for a purpose. It is not too late for you to give your life meaning or to achieve your life’s purpose whatever that might be.”
***

But outside the Berrien County South County Courthouse Monday, Eliason, sentenced to life without parole after being tried and convicted of first-degree murder, served as part of the political platform for one state Senate candidate.

Democratic candidate Scott Elliott spoke to members of the press following the Eliason sentencing.

With Eliason’s father, Steven, and his grandmother, Jean Miles, standing behind him, Elliott questioned the restrictions imposed on children in such instances as voting rights and military draft, while an absence on restriction appears when it comes to trying a juvenile as an adult and delivering an adult sentence like life without parole.

“For over six years, a large coalition, which includes organizations such as the American Civil Liberties Union of Michigan and the Michigan Catholic Conference, have worked tirelessly in our state’s capitol to abolish such dangerous laws that do not take into account a child’s cognitive and emotional development and their tremendous ability to be rehabilitated,” Elliott said. “Unfortunately the Michigan legislature has not taken advantage of its many opportunities to correct this terrible injustice. Today, as a father, grandfather and a concerned citizen, I implore our elected officials to do better and abolish these harsh sentences.”

While some of Eliason’s family stood behind Elliott, others stood against him.

Vickie Hartz, daughter of Jesse Miles, whom Eliason shot and killed in March, Miles’ sister, Mary, and niece, Angie, along with a few others, chose to picket Elliot’s press conference.

Hartz questioned supporting parole for juvenile murderers when she said there were statistics regarding the commonality of habitual offenders.

“Our prison system does not rehabilitate,” she said.

Elliott, however, spoke of the Eliason sentencing as a “tragedy” and claimed the state needed to “be a leader and innovator in its commitment to human rights for our young people…”

“A society that fails to uphold basic human rights for young people is not a society where I want my grandchild to grow up,” he said. “A society that fails its young people by sending them a clear and direct message that they are forever banished to a life behind bars is not a society where, I believe, anyone would want their child to grow up. Children are the very definition of hope for society and deserve to be given a second chance when they, like many children — and adults — make mistakes.”

A long, hard fought battle on both sides

For Hartz, the murder of her father was not viewed as a mistake but an act that has forever changed her life and the lives of those who knew and loved her father.

Life, she said, would “never be the same. It has split the family.”

When asked if she felt her family had been fractured permanently she answered, “pretty much.”

“How would they feel if they were the only one left in their family?” asked Miles’ sister, Mary, who is now the only living member of her own.

As he watched Elliott and Steven Eliason address members of the press, defense attorney Lanny Fisher reflected on a case that has consumed all involved for the past eight months. For him, he said, it was a “long, hard-fought battle.”

“For the last eight months I’ve seen, I’ve been in the middle of this devastated family,” he said. “It’s just… I know how remorseful Dakotah is.”

Fisher said his client never told him what he planned to say in court on Monday but did not hesitate at the decision to speak.

AdvoCare's Family and Youth Defense Fund is established as a legal defense fund using AdvoCare's current tax exempt status and charitable purpose under their Family Bound program.  The purpose of the fund would be to provide assistance in general actions, individual cases, or for filing amicus briefs where the outcome of such cases may effect our members and the general public in areas related to our organizations charitable purpose, goals, and description of activities.  The fund, and all donations to the fund, would be governed and administered under the direction of AdvoCare's Board of Directors.

______________________________________

Family and Youth Defense Fund

http://www.familybound.org/defense_fund.htm  

Your contributions are certainly needed and appreciated

 

When 'life' is cruel

California may end the practice of sentencing some juvenile criminals
to life without parole.

EliteMeeting. com
January 14, 2010

The United States is the only nation in which someone can be locked
up forever, with no chance for parole, for a crime committed in his
or her youth.
The Supreme Court is expected in coming days or weeks
to rule on whether states may continue this costly, foolish and cruel
practice of extinguishing a youth's hope and chances at redemption,
even in cases in which no one died.

California has 250 people in this position -- condemned to stay in
prison until they die for crimes they committed at ages as young as
14; only Pennsylvania and Florida have more. But this state outstrips
even those two in racial disparity of prisoners sentenced in youth to
life without parole.

This week, however, California moved one small, cautious step toward
a more rational policy. On Tuesday, an Assembly committee approved a
bill to permit a judge, 10 years or more after the initial
sentencing, to consider whether to resentence the offender to 25
years to life. It's a rational, and welcome, action.

SB 399, written by Sen. Leland Yee (D-San Francisco), stops well
short of adding California to the growing number of states that
prohibit the sentence of life without parole for juveniles. Under
Yee's painfully modest legislation, the inmate would be unable to
even ask for a hearing until a decade had passed. Then, even if the
hearing is granted, a judge must find that resentencing is warranted.
Even if resentencing is granted, a parole board need not grant
supervised release. And even if it does, the offender can't be
released until he or she has served at least 25 years in prison.
That's hardly a recipe for the release of criminal hordes.

The Times recognizes that some people who commit crimes before they
have developed a resistance to peer pressure and an adult's
brainpower, judgment and moral capacity may remain dangerous even
after years of punishment and repentance. Yee's bill does not compel
judges to grant parole when it's inappropriate. But it demonstrates
California's faith that not every person whose life got off to a
destructive start remains irredeemable. It offers a window of hope to
imprisoned teenage offenders and gives them an incentive to learn,
reform and aspire to a productive life.

It also demonstrates California's commitment to do something, however
minuscule, to get a handle on prison costs. The bill passed with
bipartisan support in the Senate but got hung up in the Assembly. Now
that it is back on track, we urge lawmakers to complete their work
and send it to Gov. Arnold Schwarzenegger.

Copyright © 2010, The Los Angeles Times

http://www.latimes. com/news/ printedition/ opinion/la- ed-
lwop14-2010jan14, 0,1951270. story?
track=rss&utm_ source=feedburne r&utm_medium= feed&utm_ campaign= Feed%3A
+latimes%2Fnews% 2Fprintedition% 2Fopinion+ %28Los+Angeles+ Times+-
+Editorials% 2C+Op-Ed% 29
File - 2008-04-09 Children Life in Prison



# 80 / 2008-04-09
Children Life in Prison


(Please add your comments and thoughts concerning Children being given LIFE
SENTENCES and what you think is wrong with this-Thank You)

Committee on the Judiciary, http://judiciary.senate.gov/members.cfm

110th CONGRESS
1st Session
H. R. 4300


To establish a meaningful opportunity for parole for each child offender
sentenced to life in prison, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

December 6, 2007

Mr. Scott of Virginia (for himself and Mr. Conyers) introduced the following
bill; which was referred to the Committee on the Judiciary


A BILL
To establish a meaningful opportunity for parole for each child offender
sentenced to life in prison, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,


SECTION 1. Short title.
This Act may be cited as the “Juvenile Justice Accountability and Improvement
Act of 2007”.


SEC. 2. Findings.
Congress finds the following:


(1) Historically, courts in the United States have recognized the undeniable
differences between adult and youth offenders.

((2) In fact, while writing for the majority in Roper v. Simmons (125 S. Ct.
1183), a recent Supreme Court decision abolishing use of the death penalty for
juveniles, Justice Kennedy declared such differences to be “marked and well
understood.”

((3) Notwithstanding such edicts, many youth are being sentenced in a manner
that has typically been reserved for adults. These sentences include a term of
imprisonment of life without the possibility of parole.

((4) The decision to sentence youthful offenders to life without parole is an
issue of growing national concern.

((5) While only about a dozen youth are serving such sentences in the rest of
the world, research indicates that there are at least 2,225 youth offenders
serving life without parole in the United States.

((6) The estimated rate at which the sentence is imposed on children nationwide
remains at least three times higher today than it was fifteen years ago.

((7) The majority of youth sentenced to life without parole are first-time
offenders.

((8) Sixteen percent of these individuals were fifteen or younger when they
committed their crimes.

((9) Denying such individuals the possibility of a meaningful opportunity for
parole is both cruel and unwise. It sends a message to our youth that they are
beyond rehabilitation. It also demonstrates a complete lack of confidence in the
ability of our penal institutions to accomplish one of their main goals and
responsibilities.

(SEC. 3. Establishing a meaningful opportunity for parole for child offenders.

((a) In general.—For each fiscal year after the expiration of the period
specified in subsection (d)(1), each State shall have in effect laws and
policies under which each child offender who is under a life sentence receives,
not less than once during the first 15 years of incarceration, and not less than
once every 3 years of incarceration thereafter, a meaningful opportunity for
parole. Not later than one year after the date of the enactment of this Act, the
Attorney General shall issue guidelines and regulations to interpret and
implement this section. This provision shall in no way be construed to limit the
access of child offenders to other programs and appeals which they were rightly
due prior to the passage of this Act.

((b) Definition.—In this section, the term “child offender who is under a life
sentence” means an individual who—

((1) is convicted of an offense committed before the individual attained the age
of 18; and

((2) is sentenced to a term of natural life, or the functional equivalent in
years, for that offense.

((c) Applicability.—This section applies to an individual who is sentenced on or
after the date of the enactment of this Act as well as to an individual who had
already been sentenced as of the date of the enactment of this Act.

((d) Compliance and consequences.—

((1) Compliance date.—Each State shall have not more than 3 years from the date
of enactment of this Act to be in compliance with this section, except that the
Attorney General may grant a 2-year extension to a State that is making a good
faith effort to comply with this section.

((2) Consequence of noncompliance.—For any fiscal year after the expiration of
the period specified in paragraph (1), a State that fails to be in compliance
with this section shall not receive 10 percent of the funds that would otherwise
be allocated for that fiscal year to that State under subpart 1 of part E of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3750 et seq.), whether characterized as the Edward Byrne Memorial State and
Local Law Enforcement Assistance Programs, the Local Government Law Enforcement
Block Grants program, the Edward Byrne Memorial Justice Assistance Grant
Program, or otherwise.

((3) Reallocation.—Amounts not allocated under a program referred to in
paragraph (2) to a State for failure to be in compliance with this section shall
be reallocated under that program to States that have not failed to be in
compliance with this section.

(SEC. 4. Establishing a parallel system for child offenders serving life
sentences at the Federal level.
In addition to any other method of early release that may apply, the Attorney
General shall establish and implement a system of early release for each child
offender who is under a life sentence (as defined in section 3) in a Federal
facility. The system shall conform as nearly as practicable to the laws and
policies required of a State under section 3.


(SEC. 5. Grant program to improve legal representation of children facing life
in prison.

((a) In general.—The Attorney General shall award grants to States for the
purpose of improving the quality of legal representation provided to child
defendants charged with an offense which could potentially subject them to the
sentence of life in prison.

((b) Defined term.—In this section, the term “legal representation” means legal
counsel and investigative, expert, and other services necessary for competent
representation.

((c) Use of funds.—Grants awarded under subsection (a) shall be used to
establish, implement, or improve a system for providing competent legal
representation to—

((1) individuals charged with committing, before the individual attained the age
of 18, an offense subject to life imprisonment; and

((2) individuals convicted of, and sentenced to life for, committing such an
offense who seek appellate or collateral relief, including review in the Supreme
Court of the United States.

((d) Authorization of appropriations.—There are authorized to be appropriated to
carry out this section such sums as may be necessary.


--------------------------------------------------------------------------------


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