So what can I write about from my perspective? I mean I am not a lawyer. I’m not a judge or politician. I am just an intern in the New Orleans juvenile public defender’s office. But I am young black male. I am 20 now but only three years ago, I could have been in the same place a lot of the kids in the system are in. See I came from a lower income area, I went to public school, and I also did my fair share of juvenile misbehaving. The only difference between my story and so many of the kids we see on these streets…I got lucky.

Now that’s not to take away from my own hard work but it’s the truth. I got lucky to have good parents who are still married and raised me the best they could even with financial struggles. I was lucky enough to go to a really good public high school (The real purple and gold, Warren Easton). I was lucky enough that I never got caught when I misbehave and when I did misbehave I had people behind me to check me whenever I stepped out of line. But for a lot of kids in this city, they don’t have that luck.

See, their reality is going to schools that don’t teach them. Their reality is growing up in single parent homes where their mother has to struggle to provide. Their reality is much different than mines but it’s close enough where I can feel it and understand that could have been me. But for many of the people in this juvenile system, they don’t know that reality. They just see black bodies committing crime. That’s all they see and they stand on their high horse. We have judges that chastise young men for sagging their pants. But do they ask if that young man even had enough money to buy a belt? People chastise young women for selling their bodies in these streets. But do they ask if that young woman has been sexually abused like so many others?

So when I think of my story of how lucky and blessed I am, I get upset a little bit. I think of my accomplishments like graduating high school and going to college and I think why can’t others achieve this? I don’t think it’s because they didn’t pull themselves up by the boot straps and work hard. I don’t think it’s because they have terrible parents and terrible schools. No, it’s none of that. It’s so much bigger and terrible than that. It’s so many combinations of things that these young people will never understand. We can’t teach them all about inequalities that are so deep in this country. I still don’t understand it and I am a sociology and African American studies student. We can’t tell them to stop selling drugs when getting a job at McDonald’s is only paying $7.25 an hour and you need a high school diploma to work there in some places.

As a wise man once said, “the streets are always hiring”. We can ask for many things from youth but I think we need to start asking the question that I ask myself.  I ask myself, what can I do? What can I do so more people make it in this world? People need to ask that question. Especially those in our juvenile system that didn’t need the luck and were privileged and now send those unprivileged to jail. What can you do to help more make it and less fail? Once you ask that question and have a honest discussion in your mind, then maybe just maybe, we all can have a discussion about this system and see how we can help people.

Join LCCR, the Joan Mitchell Center, and community co-sponsors as they bring the Juvenile-in-Justice exhibition to New Orleans as part of National Youth Justice Awareness Month.

Created by acclaimed photographer and advocate for juvenile justice reform Richard Ross, Juvenile-in-Justicedocuments the experiences of children in prisons around the nation through powerful photographs and personal narratives. The traveling exhibit brings viewers into spaces normally hidden from view to tell the stories of the most vulnerable members of our society. Exhibit Runs Oct. 23- Nov. 20.

Written by Shawn Kelly, Intern with the Juvenile Justice Project of Louisiana, a project of theLouisiana Center for Children’s Rights. Shawn is 20 years old and currently attends Loyola University in New Orleans, where he is the President of the Black Student Association. He is one of our paid interns, funded through the W.K. Kellogg Foundation (WKKF), through its Young Men’s Voices have Power in New Orleans (YMVP-NOLA) program.

Written by Rev. Laura Markle Downton, Director of U.S. Prisons Policy & Program National Religious Campaign Against Torture Breaking Down the Box from NRCAT 

The Pope, legislators on both sides of the aisle, President Obama, and even prison officials all agree: the use of solitary confinement in U.S. prisons is a human rights crisis that must be addressed.

The United States is a global outlier in its use of mass incarceration and systemic use of solitary confinement, a practice long considered a form of torture. On any given day in the U.S., it is estimated that between 80,000 to 100,000 adults and youth –disproportionately people of color– are held in solitary. That number does not include people in local jails, juvenile facilities, or in military and immigration detention. That number does not tell you their names nor their stories, but it tells the story of a moral crisis.

In solitary, people spend 23 hours a day in a cell the size of an average parking space. The United Nations Special Rapporteur on Torture has stated that solitary in excess of 15 days should "be subject to an absolute prohibition” based on scientific evidence of its psychological damage. He has called for a ban on its use for children, persons with mental illness, and pregnant women.

Our faith traditions teach us the importance of community, belonging, and connection. So it’s no surprise that isolation fundamentally alters the brain . It creates and exacerbates mental illness. Half of all prison suicides occur in conditions of solitary confinement. Such conditions are profoundly damaging for anyone, but for children, who are still developing, the experience is particularly devastating. In isolation, young people are denied access to treatment, programming and tools necessary for growth and development. Children in adult facilities across the country are subjected to solitary confinement for weeks or even months at a time.

Pope Francis has spoken out powerfully against the use of isolation, calling “confinement in high security prisons” a form of torture, and has said that torture is “a grave sin, but even more, it is a sin against humanity.” In September, the Association of State Correctional Administrators (ASCA) released a statement acknowledging that “prolonged isolation of individuals in jails and prisons is a grave problem in the United States.” This summer, President Obama announced that the Department of Justice will conduct a nationwide review of the use of solitary, saying, “Do we really think it makes sense to lock so many people alone in tiny cells for 23 hours a day for months, sometimes for years at a time?”

To address the moral crisis of solitary, we need these words to lead to decisive action. So earlier this month, the National Religious Campaign Against Torture joined 126 organizations, including 39 religious organizations, in delivering an open letter to the White House calling on President Obama to ensure the nationwide review outlines a clear path toward ending the torture of solitary confinement. This call included the support of more than twenty national religious organizations – including the Presbyterian Church (U.S.A.), the Union for Reform Judaism, the Christian Church (Disciples of Christ) in the United States and Canada, and the Council of Bishops of the United Methodist Church.

To address the moral crisis of solitary, we must affirm that there are no throw away people, and no throw away children. Where cycles of trauma persist, we need interventions that lead to restoration and life. Children should never be placed in solitary confinement. And our young people should not be subjected to confinement in jails and prisons designed for adults. We owe their future, the future God dreams for each of them, an opportunity to flourish. To that end, a bipartisan coalition of United States Senators recently introduced the Sentencing Reform and Corrections Act of 2015, which includes provisions that would largely prohibit the solitary confinement of youth in federal prisons. 

Despite widespread national momentum to confront the use of solitary, for children and adults, much work still remains to turn words into action. In California, despite calls from may including the faith community to act, legislators there have failed to pass critical legislation to prevent young people, disproportionately youth of color, from placement in solitary in the California juvenile justice system.

The time is now to face the moral crisis of solitary confinement and bring it to an end. The time is now to turn words into action, and work for a future of possibility for our communities, especially for our children.

This week, join the conversation on solitary confinement of youth by using the hashtag #YJAM. Below is sample language you can share on social media!

TWEETS

• Youth in adult facilities face a “lose-lose”situation, in order to segregate them from adults, they are often placed in isolation. #YJAM
• Solitary confinement is torture. Ask NRCAT https://vimeo.com/129764024  #YJAM
• Girls often get placed in solitary confinement for insubordination and not violent behavior #YJAM
• Many youth in solitary will do things they’d never do otherwise such as talk to themselves of self-harm. #YJAM
• Solitary confinement can lead to severe depression and has shows to correlate with suicide rates. #YJAM

FACEBOOK

• President Barack Obama has signed a proclamation declaring October 'National Youth Justice Awareness Month' and calls on Americans to "observe this month by getting involved in community efforts to support our youth, and by participating in appropriate ceremonies, activities, and programs." http://sparkaction.org/content/president-proclamation-yjam #YJAM #youthjustice #JJDPAmatters

Amy Fettig, Senior Staff Counsel & Director, Stop Solitary Campaign, ACLU National Prison Project

“Being in a room over 21 hours a day is like a waking nightmare, like you want to scream but you can’t. You want to stretch your legs, walk for more than a few feet. You feel trapped. Life becomes distorted. You shower, eat, sleep, and defecate in the same tiny room. In the same small sink, you “shower,” quench your thirst, wash your hands after using the toilet, and warm your cold dinner in a bag. I developed techniques to survive. I keep a piece of humanity inside myself that can’t be taken away by the guards . . . There’s no second chance here.”

These are the words of a young girl named Lino Silva – but this wasn’t written decades ago during a World War and it wasn’t written from a gulag in some far-off, brutal dictatorship.  A child wrote this in a youth facility in California. 

It is terrible to think that any child would be forced to live such an experience anywhere at any time.  But the truth is that these same words could be written by thousands of children any day in America if they are held in our criminal justice system – either in youth facilities or in adult jails and prisons. 

While in solitary, youth are locked in a cell for 20 hours or more a day with limited access to exercise, reading and writing materials, contact with family members or other human beings, educational programming, drug treatment, or mental health services. Although solitary confinement is well known to harm even previously-healthy adults, for children, who have special developmental needs, the damage is even greater. Young people’s brains are still developing, placing them at a higher risk of psychological harm when subjected to isolation and sensory deprivation. Indeed, the vast majority of youth suicides occur in isolation.

This is bad enough, but these negative effects on kids are usually exacerbated by that the fact that youth frequently enter such facilities with histories of substance abuse, mental illness and childhood trauma, which are only aggravated by the stark deprivations of solitary confinement.  Moreover, in solitary confinement access to programming and pro-social development that might facilitate a youth’s rehabilitation is virtually nonexistent. 

Why would we ever subject our kids to such treatment?  Fortunately, the public, our political leaders, doctors, lawyers, families, and enlightened corrections and juvenile justice officials across the country are increasingly asking this question and coming up with the same answer: 

We must never subject kids to solitary confinement.

Efforts are now underway to end this barbaric practice.  Legislators in some states, like New Jersey and Nevada, have passed laws to limit solitary confinement of youth in their juvenile justice systems.  At the federal level, several bipartisan bills, the REDEEM Act, the Mercy Act, the Sentencing Reform and Corrections Act have also been introduced to end the practice for youth held under federal jurisdiction.  And some states, for example New York and Massachusetts, have moved away from using solitary confinement in their juvenile systems.  Internationally, the United Nations Special Rapporteur on Torture has called for a global ban on the solitary confinement of children under 18.  But we need more!!  Thousands of kids are still subject to this practice in our backyards.  It’s now time for every state and community in the United States to act in the best interests of our children and STOP Solitary for all youth.

This week, join the conversation on solitary confinement of youth by using the hashtag #YJAM. Below is sample language you can share on social media!

TWEETS

• Youth in adult facilities face a “lose-lose”situation, in order to segregate them from adults, they are often placed in isolation. #YJAM
• Solitary confinement is torture. Ask NRCAT https://youtu.be/PwlPPCkr8q4 #YJAM
• Girls often get placed in solitary confinement for insubordination and not violent behavior #YJAM
• Many youth in solitary will do things they’d never do otherwise such as talk to themselves of self-harm. #YJAM
• Solitary confinement can lead to severe depression and has shows to correlate with suicide rates. #YJAM

FACEBOOK

• President Barack Obama has signed a proclamation declaring October 'National Youth Justice Awareness Month' and calls on Americans to "observe this month by getting involved in community efforts to support our youth, and by participating in appropriate ceremonies, activities, and programs." http://sparkaction.org/content/president-proclamation-yjam #YJAM #youthjustice #JJDPAmatters
• Youth are being held in solitary confinement inside adult prisons sometimes due to administrative response to not knowing how to house youth. The issue of youth incarcerated as adults has demanded the attention of the nation, especially since President Barack Obama has signed a proclamation declaring October 'National Youth Justice Awareness Month' http://sparkaction.org/content/president-proclamation-yjam #YJAM

Police reports, witnesses, special needs, poverty, illegal searches, inadmissible evidence—these are just some of the case components defenders must juggle when defending youth. A defender is trained to understand and maneuver around such obstacles yet, what becomes more difficult to understand and articulate to a client is a barrier so high in our juvenile justice and criminal justice systems, that despite recognizing it, there is no way over, under, or through it. Racial injustice. In 2010, African American youth made up 17% of the juvenile population but 33% of the delinquency caseload. How does a defender explain that while the “perception of innocence is a central protection afforded to children” such a consideration “may not be given to the children of dehumanized groups, such as Black Americans”? Today we hear from a few defenders across the country and their perspectives on race.

California Bay Area Juvenile Defender: "Hope for the best, prepare for the worst." This the mantra that I make my clients repeat back to me at the end of every meeting, especially the ones in juvenile hall. Because what those clients hope for, more than anything, is to just go home. I promise to stop smoking pot, they tell me. I promise to go to school. I'm not a bad kid. I just made a mistake.... Why, they ask me, why won't the judge let me out?

This question when posed by my African American clients - the why - is particularly heartbreaking. If I tell them the truth - that black youth are overrepresented in the system, that implicit and explicit historical and present racial biases have led to them getting kicked out of school, overcharged, detained, incarcerated longer - that the color of their skin has largely defined this whole juvenile justice experience - how could they possibly have hope?

Instead, I tell them not to worry. Concentrate on yourself, keep doing well. It's my job to fight for you. Little do they suspect that when I say fight, I don't just mean the battle that is their case, but the larger war against racial injustice.

Robert Mason, Jacksonville, Florida Juvenile Defender: I’ve worked as an Assistant Public Defender in Jacksonville, Florida for more than twenty-five years.  I’ve worked in Juvenile, County (Misdemeanors), Circuit (Felonies), Repeat Offender Court, and the Special Defense Unit. Doesn’t really matter which division I’ve practiced in...I always see a higher proportion of people of color than the composition of the local community. And it all begins in Juvenile. 

Children of color get swept into the system, often stemming from school arrests.  Frequently the thought process is that these arrests are to help a child and provide services.  Well, arrests certainly don’t help these children in the future, and as for services, we’re in a state that keeps the purse strings pretty tight.  Sorry kid.

The school arrests occur disproportionately in certain zip codes.  Somehow the elite schools manage to avoid these arrests.  Go figure.

The irony is never lost on me when I’m heading to court and I jaywalk or walk against the light in the presence of law enforcement.  I have an important hearing on probable cause or I’m challenging a case because of an illegal stop.  Anyway, I’m exempt from being stopped; I’m an old white guy in a suit.

Eric Zogry, North Carolina State Juvenile Defender: ¨As an in court defender, my enlightenment regarding “the system” arrived when I simply looked around me.  Not at my clients, or the other black and Latino juveniles that made up the vast majority of our caseloads – that was obvious.  What I recognized was that, even though we had a black prosecutor, black juvenile justice workers, and even a black judge, my client was still getting buried under the system.  While individual discrimination and implicit bias remains, it was then I knew that the juvenile justice system, itself, was a root cause of racial bias.

As a state-wide director, it was no surprise that most juvenile defenders could recognize the problems of overrepresentation, racial disparity and institutionalized racism.  But the true hard work as defenders is recognizing and accepting that we are part of the problem.  What decisions do we make when we first see our clients of color?  Do we afford them the same benefits we do our white clients?  Or do we cut corners, relax efforts, and fail to attack the system itself for fear of inevitable defeat? Our practice, our profession needs to reach inward first to honestly address our contribution to this state of discrimination.

This week, join the conversation on racial and ethnic disparities by using the hashtag #YJAM.  Below is sample language you can share on social media:

TWEETS
During arrests, hearings, sentencing, and even treatment while incarcerated, youth of color are treated worse than whites. #YJAM

Racial disparities in the justice system are tied to many issues including income inequality, racism, and lack of opportunity. #YJAM

Many youth of color who are charged with felonies can't vote, can't find employment, and can't find housing. #YJAM

African-American youth are 9 times more likely that white youth to receive an adult prison sentence #YJAM

Latino children are also 40% more likely than white youth to be admitted into adult prison #YJAM

FACEBOOK
President Barack Obama has signed a proclamation declaring October 'National Youth Justice Awareness Month' and calls on Americans to "observe this month by getting involved in community efforts to support our youth, and by participating in appropriate ceremonies, activities, and programs." http://sparkaction.org/content/president-proclamation-yjam #YJAM #youthjustice #JJDPAmatters

Youth of color prosecuted and incarcerated as adults are disproportionately over-represented in the justice system. The issue of youth incarcerated as adults has demanded the attention of the nation, especially since President Barack Obama has signed a proclamation declaring October 'National Youth Justice Awareness Month' http://sparkaction.org/content/president-proclamation-yjam #YJAM

This theme for this year's Youth Justice Awareness Month is, "The Power of Sharing Stories". All month long CFYJ will share stories of youth and family members that have been impacted by the adult criminal justice system. This week we share the story of juvenile justice advocate, Juan Peterson who is also a Poet Ambassador for Free Minds Book Club & Writing Workshop.

Juan grew up in Washington, D.C., in a section of town that is plagued by violence. His father was in and out of jail, so he grew up primarily with his mom and younger brother. He was never a “problem” child, and didn’t get into trouble until his mid-teens. At 16, police went into his home at night to arrest him for an armed robbery carjacking. He awoke to the barrel of a rifle pointed at him. As he was being taken into custody, he remembers that he was afraid of the “unknown”. He was left in the dark with no lawyer, not knowing what was going on, and no communication with his family. When he went to court, he admitted to knowing about a possible carjacking that one of his friends or acquaintances committed, but he was never there. This was enough to try him as an adult with a conspiracy conviction, which sentenced him to eight years in adult prison. He was transferred far from his family in D.C. first to Montana, then to Washington State, Utah, California and finally Virginia.

“Getting out was the easy part, staying out is hard,” he recalls. There is no exit procedure from prison, no psychological evaluation, no assessment of education or career skills, or assessment of whether he had a home to return. Juan received a promise that he needed to find a job or he would be put back in prison.   However, getting a job was difficult due to his record. He could not get a job as a warehouse worker, which he was more than qualified for. He had fifty seven job interviews before he was given an opportunity somewhere. Now he works at a hospital and volunteers with a group called Free Minds Book Club and Writing Workshop. Free Minds is an organization that offers resources to youth incarcerated as adults. The resources they provide range from job readiness training, outlets for creative expression, violence prevention outreach and more. The unique aspect of Free Minds, is that some volunteers, like Juan, have formerly been incarcerated and can youth who are incarcerated a positive example to follow. They show that there is potential in everyone and that there is still room to have a positive impact on the community.

By Nils Franco, CFYJ Policy Intern and Carmen Daugherty CFYJ Policy Director

Mental Health Needs and Treatment While in the System

We start with a new report finding that the transfer of youths to the adult system is responsible for some of these inequalities. The report was published in a September bulletin by the Department of Justice, and uses data from 1,715 youth from Cook County, Illinois, who were processed in both the adult and juvenile systems. Once committed to adult facilities, minority youth are less likely to receive treatment for mental health issues, harming youths’ ability to rehabilitate.

Over-represented

As with other stages of the justice system, the trial of youth as adults discriminately affected youth of color in the sample: 94% of youth in the adult system were youth of color, and more than two-thirds (68%) of the youth were African-American, according to the data. For comparison, African-Americans comprise just 26% of the general population of Cook County, Illinois. These unequal outcomes persist even when the authors controlled for the type of crime. 

The overall sample of delinquent youth, which included 1,440 in the juvenile system, was less disparate than the transferred youth:  83% were youth of color and 54% were African-American. This suggests the stage of transferring youth to the adult system contributes significantly to the already significant racial inequality in rates of youth incarcerated as adults. In other words, race seems to influence which youth are transferred to the adult system.

Under-treated

Past research found that minority youth are less likely to receive needed mental health treatment in juvenile facilities, but the DOJ report is the first to consider such treatment for youth in the adult system. The new research finds that factors like race that dispose youth to adult transfer are the same factors that dispose youth to missing out on much-needed mental health problems while incarcerated. The authors express concern that this failure to treat incarcerated youth, who have a “substantial need” for mental health services, may ignore underlying causes of disruptive and anti-social behavior. 

Moving forward, the authors propose several recommendations.

The report’s findings prompt three concerns that may be productive focal areas for future reforms and research. First, psychiatric and behavioral treatment is unavailable to many youth who need it, and best practices must be developed for youths in the adult system. Though treatment guidelines have been developed for both youth and adults in age-appropriate facilities, little is known about what works best for youth in adult facilities. Second, the report found staggeringly high rates of mental health issues in all system involved youth, and higher rates among youth than among adult offenders. Imprisonment as an adult brings life-long consequences, and this burden should not be borne by youth who are already struggling with treatable disorders; rather, the authors suggest that mental health be considered during sentencing, and clinicians be allowed to suggest alternative interventions to the court. 

Finally, racial discrimination in the criminal justice system, especially for youth transferred to the adult system, causes the punishment to reflect the race of the youth instead of the nature of their crime. More research on racial inequality in juvenile justice, including youth transferred to the adult system, will be available in December with the publication of “Race and Ethnicity in the Juvenile Justice System,” a book from the Carolina Academic Press.

Scrutiny of racially disparate outcomes in every stage of the criminal justice system has grown in the past year, as pressure from protesters and the press mounted in response to publicized police violence. This week, YJAM focuses on racial and ethnic disparities that exist in every aspect of the criminal justice system. From the courtroom to the cell block, we will learn how racial biases and disparate treatment play out in the system.

Anne-Lise Vray, CFYJ Intern

Forced into child sex trafficking at the age 13, Kyeisha got pulled into the juvenile justice system while trying to escape her abusive home. Kyeisha, now an 18 year-old juvenile justice advocate, was one of the members of today’s discussion panel on the just-released report “The Sexual Abuse to Prison Pipeline: The Girls’ Story”. This powerful document was published by the Georgetown Law Center for Poverty and Equality, in collaboration with the Human Rights Project for Girls and the Ms. Foundation for Women, and highlights how sexual abuse on girls is often a trigger leading them directly to jail. Indeed, the report reveals for example that 93% of Oregon and 81% of California girls in the juvenile justice system have been sexually or physically abused. Overall across the country, 39% of girls who get pulled into the juvenile justice system have been raped or sexually assaulted.

To raise awareness on these unbelievably true statistics, Congresswoman Karen Bass organized a panel discussion  on the report. Along with the document’s authors, the panel included several sexual abuse victims and juvenile justice survivors who courageously shared their stories. Among them, Charity Chandler-Cole, who is now working as an advocate for the Anti-Recidivism Coalition, told the audience how, when she got arrested for the first time for stealing underwear because her mom could not afford to buy some for her and her siblings, the system actually deepened and worsened her trauma. Indeed after her arrest, Charity was sent to jail where she was sexually abused. In tears, she  explained to the audience that she somehow found the inner strength to keep fighting to show the world she was worth it, but that many girls in her situation cannot hang on to anything, and that we need to be here for these traumatized children, who are victims more than offenders.

The panel also emphasized the harder struggle young women of color are facing, especially African-American girls, who even though they only represent 14% of the total U.S youth population, make up 33% of the kids in the juvenile justice system.

“Girls are ultimately being criminalized because they are abused”, said Rebecca Epstein, member of the panel and report’s co-author. Indeed, many young girls are sent to jail every year for prostitution, while they were actually being sexually exploited. In fact, although it is illegal to have sex with a minor, by some kind of legal mechanism it is possible to charge a child, who is in reality a victim of sexual trafficking, with prostitution.

Unanimously, the report and the panel recommended and urged reauthorization of the JJDPA (Juvenile Justice and Delinquency Prevention Act) , strengthening of the PREA (Prison Rape Elimination Act), and overall a more comprehensive and specific approach for young girls in the juvenile justice system. This involves implementing around them a solid structure of support which understands that these kids’ backgrounds and traumas are directly related to their actions and behaviors. It also implies that we stop sending them automatically to jail, especially those who commit status offenses (i.e. age-related offenses like underage drinking or skipping school), but instead understand the causes of these offenses and provide a safe environment for them, since their home is often not one.

Today, 14 state lawmakers introduced a 21-bill package with bipartisan, bicameral support to reform Michigan’s juvenile justice system.  Currently, Michigan is one of only nine states remaining in the nation that automatically prosecutes 17-year-olds as adults.  The main focus of the legislative package would be to raise the age of juvenile jurisdiction from 17 to 18, allowing for Michigan’s youths to have greater access to age-appropriate rehabilitative services.

“It is time for Michigan to abandon this draconian practice,” lead bill sponsor Representative Harvey Santana (D-Detroit) said.  “There have been numerous studies which indicate that incarcerating youth actually increases the rate of violent crimes.  We need to ensure we are rehabilitating our youthful offenders and not simply putting them in prison, potentially throwing away their future.”

According to the Michigan Council on Crime and Delinquency, research has found that youth exiting the adult system are 34% more likely to reoffend, reoffend sooner, and escalate to more violent offenses than their counterparts in the juvenile justice system.    “This is a subject that touches many lives and knows no partisan bounds,” Representative Santana said.  “That is how I was able to bring together 14 different legislators from diverse backgrounds to sponsor and support this package of bills.”

Along with raising the age of juvenile jurisdiction from 17 to 18 years of age, other bills in the bill package include not allowing youth under the age of 18 to be housed in any adult correctional facility, ensuring age-appropriate rehabilitation services are accessible for all youth in the juvenile justice system, eliminating certain offenses that do not require adult sentencing from the list of specified juvenile offenses, requiring public monitoring and oversight of any youth who has entered the jurisdiction of the Michigan Department of Corrections prior to turning 18 years old, requiring equal consideration of all mitigating factors prior to waiving jurisdiction in traditional juvenile waiver cases, establishing a family advisory board within the Michigan Department of Corrections to ensure effective partnerships with families and victims, and requiring that the Department establish policies in line with Michigan’s Mental Health Code for youth out-of-cell time, including youth who are in punitive or administrative segregation.

“In Michigan you need to wait until 18 to serve our country or buy tobacco, and wait until 21 to legally buy alcohol, yet at 17 we stand ready to throw you in jail as if you were an adult,” said Representative Peter J. Lucido (R-Shelby Township). “Science has shown us the brain does not fully develop its cognitive and reasoning skills until the mid-twenties. Therefore, it makes no sense not to join the forty-one other states which treat 17-year-olds as juveniles and 18-year-olds as adults in our correctional system. Instead of just tossing a 17-year-old in jail and give up on them, we should put in the effort to help set them on a better path towards a brighter future.”

Other notable points were made when Representative Kosowski (D-Westland) said “The corrections system cost Michigan taxpayers more than 2 billion dollars per year. In fact, Michigan annually spends more on its corrections system than it does on higher education.  As legislators it is our duty to cut costs while ensuring public safety." Kosowski continued, "My bill in this package creates a monitoring system within the Department of Corrections that will allow us to ensure that best practices and greatest cost efficiency are implemented while reducing recidivism rates of youthful offenders.”

Representative Kesto (R-Commerce Township) also noted “As a former prosecutor and current representative, I work every day to improve public safety and making Michigan more efficient with our tax dollars. This bill package accomplishes two important goals - improved public safety while costing the taxpayers less money.”

“This package of bills has not been arrived at lightly,” said Representative Howrylak (R-Troy). “Rather, our Judges, Prosecutors, Counties, the Department and groups including the Michigan Council on Crime and Delinquency and the Mental Health Association have contributed extensively. These combined perspectives have resulted in legislation which rightly acknowledges our purposes for incarceration, the humanity of our youth, and their potential to contribute successfully in society if treated appropriately and compassionately.”

This theme for this year's Youth Justice Awareness Month is, "The Power of Sharing Stories". All month long CFYJ will share stories of youth and family members that have been impacted by the adult criminal justice system. This week we share the story of juvenile entrepreneur and justice advocate Marcus Bullock. 

Marcus grew up in the DC metropolitan area. At the age of 15, he participated in a car jacking and got away with it, initially. Not surprisingly, given his age and what we know about teenaged brains—that their evolving development leads teens to be impulsive, seemingly invincible, and strongly influenced by their peers—it makes sense that Marcus failed to understand the ramifications of his actions. The next day, Marcus got arrested while committing another crime. He was charged as an adult and sentenced to eight years in prison--until he was 23 years old. According to Marcus, “I wasn’t ready for that experience; no child is. To be thrown into a facility with adults, when you are still a child who is still developing is detrimental. The “psychological warfare” was present every day in an adult prison.  Trying to grow up healthy in that space that is meant to contain you will handicap any young person’s development."

His positive attitude, he says, is what helped Marcus be successful after prison. Marcus, a natural entrepreneur, had to work his way from the bottom to the top. He started out painting kitchens for people, to opening a paint store, to then expanding it into a full-fledged remodeling company. Not forgetting the isolated feeling of prison, he took his business experience to launch a web and phone app called Flikshop, which is used to connect families to loved ones who are incarcerated. His advice to the other young people who are incarcerated is to, “keep your outside world connections strong; it will put you in a better position to be successful when you re-enter society.”  Marcus continues to run both businesses, while also teaching entrepreneurship skills to youth in detention in D.C.

A few years ago, my best friend’s husband was laid off. We were upset. In fact, we were very upset and we were not sure how to best cope with the news. One of us had the amazing idea of relying on an old high school technique of payback known as “egging someone’s house”. We talked about the pros and cons of driving to the boss’s house and just pelting it with a couple dozen eggs. “It would feel so good” one of us said, “…and serve him right” we said; but someone brought up the possibility of being caught and possibly arrested. I remember thinking that it would be hard, and beyond embarrassing, to explain to my friends and colleagues that at 42 years old I had been arrested for vandalism because I egged someone’s house. We then successfully used our mature and experienced brains to talk ourselves out of taking any action and moved on to more reasonable ways to cope with the situation.

This story frequently comes to mind when thinking about the numerous reasons why trying children as adults in a court of law makes absolutely no sense. My story demonstrates a compelling, and quite striking, contradiction in the law: No matter how “juvenile” our crime might have been, the idea of transferring the case to juvenile court would be unheard of because we, at 42 years of age, are simply too old to be considered juveniles. This makes sense. We have more life experience and more developed brains, and it is simply not just to try 42 year olds in juvenile court no matter how ridiculous their behavior. Yet, it is common practice to try children as adults in a court of law. In most states, children who are charged with violent crimes are transferred to adult court. If we follow the very simple logic above, this is simply not just. There are no twelve year olds who have fully mature brains, or have the experiences that adults have.  It simply does not make sense.

I appreciate that as a neuroscientist I should probably try to bolster my argument by detailing the many well-established facts about the development of the human brain that have consistently shown clear and reliable differences between the structure and function of adolescent brains relative to adult brains. These facts have been heard, and endorsed by, the Supreme Court of this country in two separate recent rulings that prohibit the execution of juvenile offenders (Roper v. Simmons) and prevent juveniles from receiving mandatory life sentences without the possibility of parole (Miller v. Alabama).

As breathtaking as I find neuroscience, it pales in comparison to common sense. On par with the ridiculousness of trying adults as juveniles would be the notion of having a jury made up of 12-16 year olds. I think we would be hard pressed to find someone who would endorse this as a reasonable idea. Why? Because we know that 12-16 year olds are not fully mature and as a result we legally prohibit them from serving on juries.