By Liz Ryan

Several times a year, our organization meets with delegations of juvenile justice experts from around the world.  We always start the conversation with a show of hands.  How many of your countries prosecute children in adult criminal court? How many of your countries put children in adult jails and adult prisons? How many of your countries sentence children to decades behind bars or life in prison without the possibility of parole? My hand is always the only one raised in response to these questions.

As we share our orange wristband bearing the message, "Join the Movement for Youth Justice" with these experts, we tell them about the 100,000 children who languish in adult jails and prisons and the 250,000 children prosecuted in adult criminal court every year.  We share the astronomical statistics about the $6 billion the U.S. spends to incarcerate children in the juvenile and adult criminal justice systems every year and the grim facts on the inhumane conditions of confinement that children are exposed to in the justice system.

I always see the same look of shock on their faces. They tell us that they had not heard any of this from their U.S. State Department hosts on their trip to date. "I'm not surprised," I tell them.  Their State Department Hosts reflect a common thread in American society: a view that the U.S. is the beacon of human rights, and other countries must measure up to the U.S.  The U.S. does not abuse human rights, especially not when it comes to children.  Rather, the U.S. is the human rights standard bearer and will withhold foreign aid when other countries violate human rights.

In reality, the U.S. is number one when it comes to children in the justice system, but not because we have the highest standards in the world.  The U.S. is the world's leader in the incarceration of children.  We stand out above the rest as the only country in the world that routinely prosecutes children in adult criminal court and places children in adult jails and prisons, where they are the most at-risk of violence, sexual assault, and suicide.  For the youth who are convicted in adult criminal court, the consequences are serious, negative, life-long, and in some cases, deadly.

On this Human Rights Day 2013, we must remember the children in the United States who languish behind bars in juvenile detention centers, juvenile prisons, adult jails and adult prisons.

U.S. policy and state laws do not adequately protect these children from harm or ensure rehabilitative programs or regular access to their families.  And, the United States does not adhere to international human rights conventions - such as the Convention on the Rights of the Child (CRC) - that would protect the human rights of the children in the justice system.

The good news is that the American public strongly rejects the incarceration of children. According to the latest polls, they favor their rehabilitation and treatment.  Americans overwhelmingly oppose the placement of youth in adult jails and prisons, and strongly favor individualized determinations on a case-by-case basis by juvenile court judges in the juvenile justice system rather than automatic prosecution in adult criminal court.

It is past time to recognize that we are not a world leader when it comes to the human rights of children in the juvenile and criminal justice systems.  We lag behind the rest of the world.  Rather than always focusing on taking other countries to task for their human rights abuses, U.S. officials and state policymakers must focus on addressing the human rights of children in the juvenile and adult criminal justice systems here at home.

SPLC: Art, Poetry & Justice Slam in Mississippi

The Campaign for Youth Justice team would like to take a moment to thank all of you whose inspirational actions engaged, educated and activated communities during Youth Justice Awareness Month (YJAM).

Through Youth Justice Awareness Month, you lifted up the experience, voice and leadership of young people and their families who have been directly affected by the justice system. You took a stance against trying youth as adults, placing youth in adult jails and prisons, the over-incarceration of youth of color in the justice system, and the dangers of solitary confinement and the risk of violence and sexual assault in adult jails and prisons. 

Many of your states were highlighted in a new report, “State Trends: Legislative Victories from 2011-2013 Removing Youth from the Adult Criminal Justice System” and you shared the good news with your communities.

FFLIC 5k Walk/Run in Louisiana

And although there was a government shutdown for the first half of October, that didn’t stop you from hosting events – such as film screenings, panel discussions, poetry slams, art exhibits, and 5k runs. By engaging your community, you move these issues forward and play a role in building youth justice wins throughout the country.

You showed how the Juvenile Justice & Delinquency Prevention Act (JJDPA) matters to your communities because it sets federal standards for how youth in the justice system should be treated.  And your actions pressured Congress to keep investing in federal funds and to consider the reauthorization of the JJDPA.

SPLC event at the University of Alabama -Birmingham

During YJAM, you took actions to ensure that the Prison Rape Elimination Act (PREA) is being fully implemented in your states, and because of your efforts, the U.S. Department of Justice issued new guidance recommending that PREA’s Youthful Inmate Standard be implemented by removing youth from adult jails and prisons!

Tracy McClard, Chair of Youth Justice Awareness Month, recently shared in an interview with JJIE, “No matter what side of the issue you are on, if you do the research, you're going to find that kids don't belong in adult systems in any way, shape or form.” It is people like Tracy and you, that give our youth a fighting chance. Your actions inspire us all to continue this momentum all year long!

Thank you to all organizations and their partners for hosting YJAM events in 2013:

ACLU of Mississippi
Act 4 Juvenile Justice Campaign
Alliance for Youth Justice
American University Students
Appalachian State University -Student Chapter of the American Correctional Association
Black on Both Sides
Center for Educational Excellence in Alternative Settings (CEEAS)
CFYJ Fellowship Alumni
Chicago Grassroots Curriculum Taskforce
Child and Family Focus, Inc.
Children’s Defense Fund-Southern Regional Office
Colorado Juvenile Defender Coalition
Correctional Association of New York - Juvenile Justice Project
DC Lawyers for Youth
Decarcerate PA
Delores Barr Weaver Policy Center
DeSoto County Parents and Students for Justice (DC-PSJ)
Education from the Inside Out Coalition
Elephant Rebellion
Families and Friends of Louisiana's Incarcerated Children (FFLIC)
Families and Friends Organized to Reform Juvenile Justice (FORJ)
Families of Youth Incarcerated (FYI)
First Defense Legal Aid
Free Minds Book Club & Writing Workshop
Illinois Juvenile Justice Initiative
Immigrant Youth Justice League
Just Kids Partnership
Kings Leadership Institute
Kuumba Lynx
Michigan Association for Children's Mental Health
Michigan Citizens for Prison Reform
Michigan Council on Crime and Delinquency
Mikva Challenge
NAACP of Mississippi
Nochtli
One Voice of Mississippi
Project NIA
Renewed Minds, Inc.
Southern Poverty Law Center (SPLC)
Students Against Mass Incarceration (SAMI)
Tampa Interfaith Coalition for Juvenile Justice
The Children's Campaign - Florida
The National Crittenton Foundation
The Young People’s Project of Jackson
Tougaloo College Owens Health and Wellness Center
United Way of the Capital Area
University of Alabama at Birmingham - Criminal Justice Student Organization
University of Alabama at Birmingham - NAACP Student Chapter
University of Alabama at Birmingham - The Young Americans for Liberty
University of Maryland College Park- KSH Tzedek Student Fellowship
Voices for Florida Girls
Youth Art & Self-Empowerment Project

When pursuing change in your state, youth/adult partnerships are critical for campaign reform efforts. Youth are more than just their story and have a source of knowledge and leadership that should not be ignored. When young people are supported and treated as partners – their leadership shines through and their ability to meet the challenges of advocacy work, and  their ability to message the issue in unique ways, have led to some impressive moments. Check out some of the young leaders we’ve had the pleasure of working with in recent years. All are national spokespeople with Campaign for Youth Justice.

Jabriera Handy

image courtesy of Just Kids Partnership

We first met Jabriera when she was working on stopping a youth prison from being built in Maryland. She recently received the Spirit of Youth Award from the Coalition for Juvenile Justice and she is currently a youth organizer for the Just Kids Partnership in her home state of Maryland.  In this excerpt, Jabriera testified before the U.S. Attorney General’s Task Force on Children Exposed to Violence, sharing her experience as a way to educate and influence the task force on the critical need for reform.  The task force ultimately recommended what she had testified on: keep kids out the of the adult criminal justice system.

Good afternoon. My name is Jabreira Handy and I was exposed to violence as a youth incarcerated as an adult. At the age of 16, I was charged as an adult in the adult criminal justice system. It is because of my exposure to the adult system that I’m here to urge this task force not to expose any more young people to violence in the justice system, particularly in adult jails or prisons. It’s also fitting because this hearing comes as here, in the city of Baltimore, we are debating whether to build another adult jail for youth charged as adults, which disturbs me.

Words can't explain what I went through in the adult system. Tears hardly express the pain and discomfort of being judged as a criminal. At the age of sixteen, I got into an argument with my grandma. As she was disciplining me, I attempted to get her off me. I left the house and later on that day she died of a heart attack because of the argument. I was charged with her death. I was charged as an adult and spent eleven months in Baltimore City Detention Center. I was forced to shower with a woman twice my age and shamelessly exposed to a squat and cough in front of everyone while menstruating. I was neglected and did not receive the psychological and healthcare help I needed throughout my stay. I was treated as if I had been judged guilty of committing the crime or as they would say “as an adult.”

To read Jabriera’s complete testimony, click HERE

Michael Kemp

We met Michael after his release from prison and sadly 66 days after his release he was sent back.  We kept in touch through mail and after his release in 2010; he interned with us and ultimately became a spokesperson. Michael is a regular here at our office, he has been on several radio shows, was featured in The Washington Post and speaks regularly in classrooms, conferences and other events. He is a poet ambassador with Free Minds Book Club & Writing Workshop in Washington, DC. In the clip below he talks about his visit with the U.S. Attorney General on reform efforts. He advocated for the appointment of an OJJDP Administrator and the critical need for the Department of Justice (DOJ) to issue final PREA regulations especially to protect youth in the justice system. Regulations were issued six weeks after the meeting with the Attorney General.

Click HERE to watch a clip of Michael during the “BarackTalk” event sponsored by the National League of Young Voters

Nicole Miera

image courtesy of NY Times

We met Nicole when we worked together with her and other allies on the Direct File Campaign in Colorado.  She is very passionate and committed to sharing the atrocities of her brother’s suicide in the Denver County Jail.  She has testified in hearings and on Capitol Hill.  She recently spoke with The New York Times and shared her family’s story and the tragedy that happened to her teenage brother Jimmy Stewart. Nicole has been a strong advocate in her state and through the involvement of her and other youth justice allies - legislative reform in her state was achieved.

Click HERE to read Nicole’s interview with The New York Times 

Dwayne Betts

We met Dwayne soon after his release from prison.  Over the years he has been an advocate for removing youth from the adult court. He is a talented author and poet and is currently attending law school at Yale.   Dwayne was appointed by President Obama to serve on the Federal Coordinating Council on Juvenile Justice, the first young person who was directly impacted by the justice system to serve on this council. In August, he was asked to speak to the National Conference of State Legislatures (NCSL) and here is a recap of his remarks:


Click HERE to watch Dwayne speak to the National Conference of State Legislatures (NCSL)


In seeing how much Jabriera, Michael, Nicole, and Dwayne have been able to accomplish as young leaders, we think the message is clear: Youth are critical change agents in any social justice movement. Many of us know from experience the difficult task of being an advocate, so it never ceases to inspire us when young people stand up and speak out for youth justice reform and other issues impacting their peers and communities. We believe that youth and their families are integral to making real change happen and hope that you will join all of us in continuing to expose the dangers of youth in the adult system.

In the last ten years, we have seen growing momentum in youth justice reform. Foundations, policymakers, child advocacy organizations, the legal community, and researchers have worked to educate the public and improve the juvenile justice system, but also the adult criminal justice system, where too many of our youth end up because of draconian state laws.

As critical as all of these allies are to the movement, the heart of the fight lives in our communities. There are too many examples of families who lose their children to the adult system who go it alone, to demand fairness and accountability from local and state leadership. And too many formerly incarcerated young people who return to their communities with adult records and find an antagonistic environment that is set up for them to fail instead of being directed to opportunities for a new start. Yet in the face of opposition, it is those most affected who take on the fight for justice, refuse to treat children as throwaways, and are courageous enough to put a face to the issue and to be messengers for reform.

Twitter users are familiar with Worldwide Trends--popular hashtags of the moment. Fashion aficionados know what’s trending for each season.  Trend analysis usually predicts what will happen in the future with consideration of the past. How do advocates, families, and youth make “youth justice” a trend? 

On October 10th, CFYJ will release State Trends Legislative Victories from 2011-2013 Removing Youth from the Adult Criminal Justice System which examines the accomplishments of states that enacted laws to keep kids out of the adult criminal justice system.  The trend is towards more humane and appropriate treatment of kids in the criminal justice system, yet there is still much work to be done in order to have a justice system that recognizes that kids are different and deserve a chance at rehabilitation over severe sanctions.

By Jill Ward

You can help.  As we all take the month of October to recognize the many advances in states across the country, we encourage you to take a few minutes to check out the JJDPA Matters Action Center and let your national leaders know  you support the JJDPA and related juvenile justice funding.  Let them know that federal policies and programs can be part of the solution for youth in your community. Let them know that the JJDPA matters to you.

By Carmen Daugherty

• Trend 1: Eleven states (Colorado, Idaho, Indiana, Maine, Nevada, Hawaii, Virginia, Pennsylvania, Texas, Oregon and Ohio) have passed laws limiting states’ authority to house youth in adult jails and prisons.
• Trend 2: Four states (Connecticut, Illinois, Mississippi, and Massachusetts) 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: Twelve states (Arizona, Colorado, Connecticut, Delaware, Illinois, Nevada, Utah, Virginia, Washington, Ohio, Maryland and Nevada) have changed their transfer laws making it more likely that youth will stay in the juvenile justice system.
• Trend 4: Eight states (California, Colorado, Georgia, Indiana, Texas, Missouri, Ohio, and Washington) have changed their mandatory minimum sentencing laws to take into account the developmental differences between youth and adults, allow for post-sentence review for youth facing juvenile life without parole or other sentencing reform for youth sentenced as adults.

During the second week of Youth Justice Awareness Month (YJAM) CFYJ will take a look back at the reform efforts that improve the lives of youth by decreasing the chances that they would come into contact with the adult criminal court.  Here at CFYJ our mission is just that, and we partner with state organizations, advocates, youth and families to launch and win state legislative campaigns for youth justice.

In the years at CFYJ, I have had the pleasure of working with many states to organize campaigns for juvenile justice reform to remove youth from adult court.  The work has been tedious, exciting, rewarding and challenging.  It is all worth it because we know from the research that youth in adult court are 34% more likely to recidivate at higher rates than those retained in the juvenile court.  At the Campaign for Youth Justice we have worked diligently to create our campaign model to be successful in states where there is interest in building grassroots campaigns.  We provide a myriad of technical assistance options to our partners such as, campaign planning, policy assistance, coalition building support, media assistance and training, hearing preparation, policy and political analysis.  We know that the research supports our mission and we believe after 8 years of state based campaign work that the trends emerging are not by accident. On October 10th, we will be releasing our latest State Trends report which examines the states who have in the past several years changed state policies to remove youth from the adult court.

Colorado is no stranger to these successes.  In 1993, I was living in Colorado when the state expanded their laws to prosecute youth more harshly.  It happened during a special legislative session to address a crime wave.  This effort was led by then District Attorney Bill Ritter.  Fifteen years later, in 2008 when the legislature passed a significant direct file reform bill, it was vetoed by Governor Ritter. It was tragic, but we were hopeful that with a new Governor coming into office we could do it again. 

In 2011, with families and youth, good data, media, an engaged coalition, and a skilled organizer we were ready to engage in a major campaign to end direct file.  Building community support, strong spokespeople and legislative champions were all priorities.  Our role in the campaign was to provide policy and media support as well as support the organizer of the Colorado campaign housed at the Colorado Juvenile Defender Coalition.  There were two major pieces of legislation introduced, House Bill 1139, a jail removal bill and House Bill 1271, the direct file reform bill.  HB 1139 was passed and signed into law in March 2012 helping to drive the energy needed to pass HB 1271.  The bill was hotly contested and debated.  On April 20, 2012 Governor Hickenlooper signed HB 1271 into law.  Victory!

Having been involved with this effort since 2009, I believe that the strong organizing effort with communities, youth and families, in addition to good data, incredible legislative champions and influential coalition members made this Colorado campaign a success. I was happy to have Colorado lead these efforts and I encourage other states to consider doing the same.  If you are a state that is considering doing a reform campaign I urge you to contact us.  We are happy to help!

To continue following other state reforms during the month of October, continue to visit CFYJ's blog and to engage in our social media campaign check us out on Facebook and Twitter using #statetrends #youthjustice #YJAM

In solidarity,

Jessica

Rep. Avila, primary sponsor of HB 725

On July 26, the North Carolina General Assembly ended a much debated legislative session.  Many of you watched as social justice advocates fought back legislation that would harm voter rights, women’s rights, as well as reduce resources to NC’s education system which will impact thousands of youth and families across the state. For those of us in the youth justice field, we watched as youth justice advocates worked tirelessly for several months to push forward HB 725, the Young Offenders Rehabilitation Act (Raise the Age), as well as oppose HB 217, a bill that would remove judicial discretion from juvenile transfer cases and undermine the forward thinking policy recommendations of the Raise the Age campaign.

North Carolina experienced a difficult session but the commitment from youth justice supporters cannot go unnoticed. Many of you joined the Campaign for Youth Justice (CFYJ) in taking a stand for North Carolina youth.  Coordinating efforts with our allies on the ground, the CFYJ network, as well as other national partners – we made phone calls, wrote letters, conducted legislator visits, and signed on to petitions that reminded NC leaders that our NC allies were not in this fight alone.

We applaud you and thank you for your energy and persistence during this legislative session.  It is this collective effort that makes state campaigns stronger during session and for future campaigns. A recap of each legislative bill is below. Please make sure to visit Action for Children NC to stay connected to the Raise the Age campaign. If you have questions or would like to continue to receive state campaign updates, contact: This email address is being protected from spambots. You need JavaScript enabled to view it.

Update on HB 725
HB 725 the Young Offender Rehabilitation Act (Raise the Age) received a successful second reading vote on the House floor – a 61 to 37 vote – a real sign of bipartisan support! Since session ended on the same day, the bill will now wait for the short session to begin in May 2014 and will resurface on the House calendar for a third reading before heading to the Senate. Outreach efforts will continue during the interim to prepare for the 2014 legislative session. Your continued support will give HB 725 a fighting chance during the short session in May. To learn more about HB 725, click HERE.

Update on HB 217
HB 217, the bill that would remove judicial discretion in juvenile transfer cases and place the fate of NC youth in the hands of prosecutors did not move out of the Senate because of your persistent and strong pushback.  Although we were able to stall the bill in the Senate Judiciary II committee, this bill has the opportunity to be re-introduced during the short session in May 2014. It is important to remember that elements of the 217 proposal were much worse than what it was eventually ratified to be, and that is in no small part to your actions. We will continue to monitor this piece of legislation and will keep you updated on local efforts to defeat this bill. For now, you can find more information about HB 217, HERE