Juvenile Criminal Justice Quotes

Mostly they all were products of single parents, and in the most tragic category - black boys, with no particular criminal inclinations but whose very lack of direction put them in the crosshairs of the world.

The growing consensus among experts was perhaps best reflected by the National Advisory Commission on Criminal Justice Standards and Goals, which issued a recommendation in 1973 that “no new institutions for adults should be built and existing institutions for juveniles should be closed.”17 This recommendation was based on their finding that “the prison, the reformatory and the jail have achieved only a shocking record of failure. There is overwhelming evidence that these institutions create crime rather than prevent it.

[N]o one has more power in the criminal justice system that prosecutors. Few rules constrain the exercise of prosecutorial discretion. The prosecutor is free to dismiss a case for any reason or no reason at all, regardless of the strength of the evidence. The prosecutor is also free to file more charges against the defendepant the can realistically be proven in court, so long as probable cause arguable exists. Whether a good plea deal is offered to a defendant is entirely up to the prosecutor. And if the mood strikes, the prosecutor can transfer drug defendants to the federal system, where penalties are far more severe. Juveniles, for their part, cam be transferred to adult court, where they can be sent to adult prison.

For black youth, the experience of being “made black” often begins with the first police stop, interrogation, search, or arrest. The experience carries social meaning—this is what it means to be black. The story of one’s “first time” may be repeated to family or friends, but for ghetto youth, almost no one imagines that the first time will be the last. The experience is understood to define the terms of one’s relationship not only to the state but to society at large. This reality can be frustrating for those who strive to help ghetto youth “turn their lives around.” James Forman Jr., the cofounder of the See Forever charter school for juvenile offenders in Washington, D.C., made this point when describing how random and degrading stops and searches of ghetto youth “tell kids that they are pariahs, that no matter how hard they study, they will remain potential suspects.” One student complained to him, “We can be perfect, perfect, doing everything right and still they treat us like dogs. No, worse than dogs, because criminals are treated worse than dogs.” Another student asked him pointedly, “How can you tell us we can be anything when they treat us like we’re nothing?”56 The process of marking black youth as black criminals is essential to the functioning of mass incarceration as a racial caste system. For the system to succeed—that is, for it to achieve the political goals described in chapter 1—black people must be labeled criminals before they are formally subject to control. The criminal label is essential, for forms of explicit racial exclusion are not only prohibited but widely condemned. Thus black youth must be made—labeled—criminals. This process of being made a criminal is, to a large extent, the process of “becoming” black. As Wideman explains, when “to be a man of color of a certain economic class and milieu is equivalent in the public eye to being a criminal,” being processed by the criminal justice system is tantamount to being made black, and “doing time” behind bars is at the same time “marking race.”57 At its core, then, mass incarceration, like Jim Crow, is a “race-making institution.” It serves to define the meaning and significance of race in America.

The most comprehensive studies of racial bias in the exercise of prosecutorial and judicial discretion involve the treatment of juveniles. These studies have shown that youth of color are more likely to be arrested, detained, formally charged, transferred to adult court, and confined to secure residential facilities than their white counterparts.65 A report in 2000 observed that among youth who have never been sent to a juvenile prison before, African Americans were more than six times as likely as whites to be sentenced to prison for identical crimes.66 A study sponsored by the U.S. Justice Department and several of the nation’s leading foundations, published in 2007, found that the impact of the biased treatment is magnified with each additional step into the criminal justice system. African American youth account for 16 percent of all youth, 28 percent of all juvenile arrests, 35 percent of the youth waived to adult criminal court, and 58 percent of youth admitted to state adult prison.67 A major reason for these disparities is unconscious and conscious racial biases infecting decision making. In the state of Washington, for example, a review of juvenile sentencing reports found that prosecutors routinely described black and white offenders differently.68 Blacks committed crimes because of internal personality flaws such as disrespect. Whites did so because of external conditions such as family conflict. The risk that prosecutorial discretion will be racially biased is especially acute in the drug enforcement context, where virtually identical behavior is susceptible to a wide variety of interpretations and responses and the media imagery and political discourse has been so thoroughly racialized. Whether a kid is perceived as a dangerous drug-dealing thug or instead is viewed as a good kid who was merely experimenting with drugs and selling to a few of his friends has to do with the ways in which information about illegal drug activity is processed and interpreted, in a social climate in which drug dealing is racially defined. As a former U.S. Attorney explained: I had an [assistant U.S. attorney who] wanted to drop the gun charge against the defendant [in a case in which] there were no extenuating circumstances. I asked, “Why do you want to drop the gun offense?” And he said, “‘He’s a rural guy and grew up on a farm. The gun he had with him was a rifle. He’s a good ol’ boy, and all good ol’ boys have rifles, and it’s not like he was a gun-toting drug dealer.” But he was a gun-toting drug dealer, exactly.

The growing consensus among experts was perhaps best reflected by the National Advisory Commission on Criminal Justice Standards and Goals, which issued a recommendation in 1973 that “no new institutions for adults should be built and existing institutions for juveniles should be closed.”17 This recommendation was based on their finding that “the prison, the reformatory and the jail have achieved only a shocking record of failure. There is overwhelming evidence that these institutions create crime rather than prevent it.”18

One large American study examined the cases of nearly one hundred thousand teens who had their first contact with the juvenile justice system between 1990 and 2005. Fifty-seven percent of these youths were black; the overwhelming majority were male and their average age was fifteen. Most had been arrested either for drug crimes or for assault; all were studied at the time of their first offense. The researchers found that, regardless of the severity of the initial offense, teens who were incarcerated were three times more likely to be reincarcerated as adults1 compared with those not incarcerated for similar offenses. Being locked up hadn’t deterred them; rather, it had forced them to spend time with criminals, had possibly taught them more about how to commit different types of crime, and ultimately set them up to be reincarcerated.

Everyone knows that our criminal justice system is broken. But before we look at the justice system in this country, we have to look at the juvenile justice system. It’s the same river. We just need to start farther upstream. At what point in these kids’ lives could they have been redirected into a different way of life? What can we do at these inflection points to divert them? We need to change the narrative.

Roughly 7 percent of the general juvenile population is referred to the juvenile justice department for criminal behavior. Of all those referred, about 15 percent become chronic offenders, and they commit the great majority of juvenile crimes.

The Lane County, Oregon, juvenile cost avoidance model, for example, looks at costs to victims, law enforcement, the courts, the juvenile justice system, and treatment, and calculates an average cost per juvenile criminal referral. Reducing those referrals yields an “avoidance” of that financial impact.

Her story also illustrates what doesn’t work in juvenile justice: her gateway to delinquency opened not because she was abused and began running away but because she, an abused low-risk girl, was placed in a living situation with high-risk, sophisticated criminal offenders.

As I learned more about the juvenile and criminal justice systems, I was reminded of all those jail and prison visits I'd made in my life. What struck me was just how regular it was. We have to take a second to process how messed up that is. We have normalized the abnormal so completely we don't even realize it. Why was this part of Black boys' coming-of-age? Why are some things praised and aspired to? Why are certain things like serving time held up as a badge of honor when they only lead to ruin?

No one wakes up and says they want to be a gangbanger or a drug dealer- that's the last stop on the train. That what you do when you're drowning and reaching out for something- anything- to survive. By the time they get to the corner, there has been a series of things that led to that decision. No one wakes up at the top of the mountain and decides they would like it better down there on the bottom. They end up there out of desperation. We don't spend enough time examining the wider picture, the steps that get them there. We don't tell that part of the story. And to tell half the story is to spread a lie.

The growing consensus among experts was perhaps best reflected by the National Advisory Commission on Criminal Justice Standards and Goals, which issued a recommendation in 1973 that “no new institutions for adults should be built and existing institutions for juveniles should be closed.”17