25. February 2010 by Rev Young.

                     MOTHERS OF THE DISAPPEARED                                                       

“Midnight, our sons and daughters…..Were cut down and taken from us.                  

Hear their heartbeat…..We hear their heartbeat.

In the wind, we hear their laughter.  In the rain we see their tears. 

Hear their heartbeat…….We hear their heartbeat.

Night hangs like a prisoner…..Stretched over, black and blue.

Hear their heartbeat……We hear their heartbeat.

In the trees, our sons stand naked.  Through the walls our daughters cry.  

See their tears…. in the rainfall.”    (Lyrics and Music by U2)    

Throughout the world organizations like Human Rights Watch and Amnesty International work tirelessly to insure that governments and corporations set policies and practices in place for the betterment of communities and we applaud them.  Those policies are to relieve poverty and oppression and insure that ALL people are treated with human dignity and compassion…..we commend that and we demand that other nations hold to our moral standards.  Special attention is given to women and children….the most vulnerable of human kind.  These powerful influence’s of government ask a simple question.  Are the policies and practices that you have, or are putting in place, for the betterment of ALL the people in your community?

March 17, 2010 Colorado will hold a debate on the direct file statute.  The debate is sponsored by many leaders for change and reform concerning juvenile justice and criminal justice practices in Colorado (see announcement below).  The debate will be moderated by The League Of Women Voters.  The debaters are Don Quick (District Attorney for Seventh Judicial District) and Kim Dvorchack (Attorney Colorado Juvenile Defender Coalition). 

The League of Women Voters has determined that the debate will be over policy, authority and will include the usual political bantering concerning the legitimacy of this statute.  I believe many reports and statistics will be referenced and the arguments for and against will be presented by very articulate attorneys. 

Contrary to popular belief, and contrary to the platform for this debate, this is not a political issue.  This is a moral issue that is based on an individuals right to freedom from oppression, injustice and the poverty that this issue creates in our community.   This policy is not for the strength or the betterment of individuals or our community. 

The direct file statute takes away the protection of children and exposes them to cruel and harsh punishments that are immoral.  The statute victimizes children by exposing them and causing them to DEFEND THEMSELVES in an adult arena that they are unprepared for and unfamiliar with.  A child is thrown into a system where words like LIFE and Prison become the fear motivating their decisions, their thoughts and their demeanor.  It leaves children vulnerable to over zealous  DA’s who intimidate and vilify these young people. 

The very fact that we, as a state would not make sure measures are in place to guarantee the protection of children , displays our poverty of spirit.  We have been fed a false doctrine of fear concerning our children.  We have been told by our policy makers that we needed to give authority to District Attorney’s to prosecute these children, at their discretion,  to ensure the safety of our communities.  That rhetoric has only served to destroy the strength and health of our communities. 

The direct file statue is a violation of their (children’s) Constitutional Right to a fair and speedy trial by a jury of their peers.  We have put in place a statute that oppresses our children.  We have a tendency to think of the well publicized cases that have been prosecuted under this statute, but the truth is……every child in this state is oppressed by this statue and is at risk because of it…..even yours. 

The reputation and success of a District Attorney is measured by his/her ability to successfully prosecute those charged, to the fullest extent of the law.  Why would we give the authority to decide the status of a child to the one office that stands to benefit the most from the transfer of a juvenile into adult court?  This is a conflict of interest.  These decisions should be made carefully, with a full spectrum of evidence and discussion, by an impartial third party, in the best interest of the individual and the state. 

This statute leaves our children exposed to the intimidating practices of interrogators, harsh confinement in solitary cells separated from human contact and laws that even violate adult human principle.  Laws like Felony Murder and COCA, with indeterminate consequences.  These laws can take away the life of a child and confine him/her forever inside prison.  These unjust practices should cause us to cry out on behalf of those who have no voice in any other legal arena…..because they are children. 

The practices of juvenile/criminal justice have created a prison machine that starves the community of its ability to care for, rehabilitate, habilitate or empower it’s individuals for future success.  Statutes such as Direct File, sentencing practices and policies that condemn people, are leaving our communities in poverty.  We leave individuals and families to suffer in their circumstance, addiction and health issues.  We remove preventative and rehabilitative measures in order to feed punishment and condemnation.  We are left to fund cement block monoliths of failure and isolation…….for the remainder of their and our lives.  We have chosen to believe, through our policies and practices, that these people are beyond redemption and forgiveness.  This leaves us to fund these inhumane practices and hold ourselves in poverty of spirit and possessions. 

The last point I would like to address is highly controversial, and up to now, unspoken.  Many reports and many experts have presented evidence concerning juvenile brain development.  Many advocates have jumped on the band wagon and used this as a tool for reform since it provides factual evidence that those they advocate for are, indeed, children and should be treated as such. 

The moral issue that is always raised but never addressed is,  “They know the difference between right and wrong.”  If they were raised in a home that teaches these moral values, then they know them in theory.  They have yet to apply them in practice.  They have not been alive long enough to be faced with the situations that give them the opportunity to test these theories.  If they have grown in an environment where the moral issues of right and wrong are only words but not actions, the words have little impact.  What the world calls “right and wrong” has not been modeled or experienced in their lives. 

These are training and discipline issues.  We can prove cause and effect with respect to moral choices when an individual is confronted with a circumstance that requires choice.  That is why we give responsibility and freedom in small doses, at age appropriate times, and with adult guidance and supervision.  We know that they will make mistakes and wrong choices.  We are supposed to guide and redirect them, helping them to understand cause and effect.  Many have been raised with addiction, violence, abuse, poverty and hunger, and gangs.  It is part of their normal life.  They have not been taught anything different and they have not experienced anything except fear, oppression and loss.  They have suffered injustice their whole lives and their whole life has been filled with lies and deception.

Inside of every person is a longing for truth, justice, freedom and hope.  Every person has a drive to survive but a longing to thrive and flourish.  Isn’t it time that we stopped feeding a broken system that, through historical evidence, reproduces itself and causes more suffering for all?  Shouldn’t we begin to act on mercy, compassion and restoration so that we are all stronger?  Why would we condemn our children to grow up in prison, exposed to violence, abuse and fear instead of taking the time to habilitate them?  Why are we satisfied to fund prisons to the tune of hundreds of millions of dollars instead of demanding these funds be spent on creating strong children, healthier communities and a future for all of us? 

These are moral questions we must ask ourselves and choices we must make.  Are we doing the right thing?  Are we making choices that strengthen us and our future?

As for me?  I don’t spend money on things that don’t work and I don’t usually make the same mistake twice.  If it isn’t working change it! 

Posted in Legal News, Prison Reform Advocates, Juvenile Reform Advocates, Juvenile Offenders, From Families of Juvenile Offenders | Print | No Comments »

18. February 2010 by Rev Young.

In the last 25 years we have allowed, encouraged and given our approval to our policy makers in regards to criminal justice.  We nodded our heads in approval when they announced that we needed to declare war on drugs.  We nodded our heads in approval when they announced that we had a generation of super predators coming and we needed to prepare for that.  We nodded our heads in approval when we declared war on crime in our nation.  Even if we did not believe or agree with their political platforms and policy decisions, our SILENCE gave them tacit approval.

We now have 25 years of history to review.  We can look at the policy decisions, the mandatory sentencing policies, the results of our war on drugs and crime, and ask ourselves if we made the right decisions.  We can look at the war that has been declared on the youth of this nation with zero tolerance policies, direct file statutes and the elimination of juvenile reform policies and see that our PRISONS are full of kids.  Kids, who are left to survive or be destroyed by an abusive and destructive system of incarceration.

At the receiving end for our war on drugs are addicts and kids who are experimenting with drugs.  Did we stop the drug traffic into America?  No we did not.  Have we impacted the availability of drugs to our kids?  No we have not.  Have we changed the landscape in our communities so that we have fewer people with addiction problems?  No we have not.  We have simply moved them out of intervention, treatment and rehabilitation and put them in prison.  We have sold our effective, and less costly, practices of dealing with drug problems for huge prison budgets.  We have turned the ill and afflicted members of our communities over to prison guards and dehumanizing practices, somehow believing that this will solve the problem. 

We know the impact of zero tolerance policies.  Kids can be sent to juvenile detention for smoking at school.  A first grader, who just received his first boy scout knife,  can be expelled for bringing it to school.  A kid who is caught fighting can be charged with assault.  A kid who get’s mouthy with his teacher can be suspended.  A kid who drinks, drives and gets in an accident, is sentenced to 15 years in prison.  An adult who commits the same crime against the community will be released in 5 years.  A kid who robs a store where someone gets hurt, will get life without parole, while his adult counter part may get 10 years.  We are making it very easy for our kids to fail and NEVER live down their mistakes. 

We have the results.  We have the history.  We know the cost and we know the impact.  Our communities are not safer, our communities are not healthier and every morning we have to look ourselves in the mirror and know that the same torturous practices that appall us concerning Guantanamo, happen in our prisons everyday……to kids…….the ones we are supposed to protect. 

We have created a prison nation.  7.3 million people are under the jurisdiction of the department of corrections in the United States.  Prisons have the jurisdiction over the lives of these people and are not accountable to anyone except the criminal justice branch of government.  That means that whatever happens inside of prison….stays in prison.  They are not places of reform….they are warehouses of darkness. 

Please read these articles which are from the Solitary Watch web site.  If you have not signed up to receive their blog posts, I recommend that you do.  They are a force and a voice for those who cannot speak out for themselves. 

http://solitarywatch.wordpress.com/2010/02/16/what-the-war-on-terror-owes-to-the-war-on-crime/

http://solitarywatch.wordpress.com/2010/01/30/children-sentenced-to-die-in-prison/

http://solitarywatch.wordpress.com/2010/02/13/kids-languish-in-solitary-while-awaiting-trial-in-colorado/

Posted in Legal News, Prison Reform Advocates, Juvenile Reform Advocates, Juvenile Offenders, From Families of Juvenile Offenders | Print | 1 Comment »

9. February 2010 by Rev Young.

In studying the advent of prison in America, one might be surprised to find that England established penal colonies in the British colonies here in America.  France established penal colonies in Louisiana.  These colonies were used as punishment for those convicted of crimes that were not subject to corporal punishment or hanging.  They sent prisoners to these colonies as indentured slaves and upon arrival, would be auctioned to landowners.  Others were put to work to help build and establish ship yards, buildings for government institutions and the like. 

When this mode of punishment was no longer available, the advent of punishment in the town square became common place.  Whether being held in stocks, or chains, being branded or having to wear an emblem that identified the transgressor. 

Later came the prison or penitentiary.  These buildings were used for the same purpose as penal colonies.  They were to separate the criminal from the rest of society and cause them to pay a penance for their crime.  Most early penitentiaries required that inmates housed there held jobs.  These jobs produced income both for the penitentiary and for the inmate himself.  The inmate was also secluded for time of reflection. 

In Colorado, the first penitentiary (Territorial) was established without cost to the state.  As a matter of fact it was determined that this facility was not to have any cost imposed on the state at all.  This facility had to establish revenue streams that would guarantee it’s ability to provide for inmates and still pay salaries.  Territorial had gardens, a farm, industry, laundry services, administrative services, banking services, culinary services and all manner of provision to care for inmates while they were housed.  The requirement was that the inmate had to pay a penance to the facility for his incarceration, take care of his needs and turn the remainder of his income over to his family.  When an inmate left the penitentiary, he would have a savings to begin his new life in the community, he would have job skills and he would have paid his debt to society.

We have removed our self from any form of rehabilitation or penance in our prison facilities.  Instead we have turned to brutality, abuse, destruction of the human spirit and the permanent label of criminal on all who have been sentenced to our prison system.  We do our best to break down social behavior and put every inmate on the defense of his survival inside a violent institution. 

We have the historical data and the numbers to prove that our current criminal justice practices do not work to build a stronger country.  We have seen the impact of the war on drugs and our tough on crime policies.  We, as Americans, fell for the rhetoric that our policy makers spouted, declaring that we would be a safer and stronger America.  We no longer believe you!

After 30 years of policies that benefited no one except those who are part of the prison machine, we need let our policy makers know that we do not support their failed rhetoric.  We have established systems that degraded citizens of this country, destroy families, burden communities and governments and leave us in a state of brokenness.

I don’t know about you but when I buy something from the store that does not work, I return it.  I refuse to pay for something that does not work.  I am saying that about our prison system now.  I refuse to pay for our prison system because it does not work.  It does not make our communities safer or stronger.  Instead, we have created a new sector in our society called “criminal”.  They are forever labeled and we have made it impossible for these people to ever succeed in our communities.

Our sentences are too long, we do not teach them about the impact their crimes had on their families or communities.  We do not help them reform their behavior, become educated, become skilled or give them a sense of responsibility for their own success.  Other countries do.  Other countries have seen the insanity of their policies and procedures and reformed their system.  It is insane you know, to continue doing the same thing and expecting a different result. 

We need to completely overhaul our system.  We need to treat them as people who are flawed and have caused harm.  We need to hold them accountable both on a personal level and on a material level.  We need to rerehabilitate or habilitate them.  We need to insure they have an education a skill and goals.  We need to do this so that they can be successful in the future and help us to build a strong nation.  If they are not successful then we will carry them for their life. 

It seems to me that the best thing we could do, and the strongest punishment we could impose on someone who has violated the law, is to require they get better and repay the community they wronged. 

Posted in Prison Reform Advocates, Juvenile Reform Advocates, Juvenile Offenders | Print | No Comments »

8. February 2010 by Rev Young.

I am proud to present the work of Marc Homer from Wyoming Kids Count.  He and his very creative team have released a video trailer and are soon to release a documentary (spring 2010) on juvenile justice policy and juvenile reform. 

Although this video describes the condition of juvenile delinquency policy in Wyoming, it mirrors the same hurdles for juvenile reform that we all face across this nation.  We have inconsistencies in policy across our states, antiquated policies and systems and virtually no available statistics to track our successes or failures.

If we are to address the enormous prison population in this country, we must first address the opportunities we have for diversion.  This starts with our youth and those who are forced into a system that causes them hardship throughout the rest of their lives.  If we are going to have a future with future leaders we need to be more cognisant of our young people and come along side them when they fail, give them better tools for success and stand by them as they try their wings. 

I like the way Sen. Alan Simpson put it, “We need to get down in the muck”.  I also like the sentiment that another man expressed.  We need to look at all of these kids as if they were our own. 

Please go to www.wykidscount.org and take their brief survey after you have watched the video.  Enjoy!

Juvenile Justice in Wyoming from Marc Homer on Vimeo.

Posted in Legal News, Prison Reform Advocates, Juvenile Reform Advocates, Juvenile Offenders, From Families of Juvenile Offenders | Print | No Comments »

5. February 2010 by Rev Young.

In light of the recent spree of robberies in Colorado Springs Colorado, the District Attorney has decided to charge all juveniles who have been charged in these crimes as adults.  The District Attorney wants to send a message to those who are committing serious crimes, they will face serious consequences. 

It is admirable that the District Attorney wants to send a message to the community that the current crime spree is not to be tolerated.  However, singling out these juveniles as examples is discrimination.  Further more, using his authority to make examples of these young people is a violation of their constitutional right to a fair trial by a jury of their peers. 

http://www.gazette.com/articles/suspects-93209-adults-teen.html

Much debate has ensued over the ability of a district attorney to decide the future of individual lives by giving the district attorney the sole right and responsibility to decide whether or not to direct file a juvenile into adult court.  This is a good example why that power should not be given to one authority. 

Then I want to present another case before you.  The case of solitary confinement of juveniles in county jails and prisons.  The practice is abhorrent in ANY human situation, it is especially abusive when it come to children. 

For those of you who are unfamiliar with the practice of solitary confinement, let me give you the details.  In order to “protect” or isolate a juvenile that has been charged in adult criminal court, the county jail must isolate the juvenile from adult inmates.  This requires that they hold them in solitary confinement.  They are in lock-down 23 hours per day, being allowed out for a shower, a phone call or possible exercise, their food is pushed through a slot in the door.  They are not given opportunities for education even though they have not been found guilty of any crime.  Visits with their families are through plexiglas windows or on video cameras.  In adult prison facilities, the practice is the same.  Many juvenile offenders are put into super-max facilities and held in these solitary conditions merely because of their age. 

This week in Texas, a couple was charged with child abuse because they held their daughter in a closet.  Reportedly her parents were keeping her in this closet as punishment for taking food out of the refrigerator.  She was allowed out of the closet to attend school, use the restroom and sometimes to eat.  The girl was 12 years old. 

http://www.brownsvilleherald.com/news/police-108104-year-girl.html

The actions of her parents are seen as criminal.  The actions of our criminal justice system are seen as justifiable because the kids who have been charged with crimes are viewed as a threat.  As soon as they are arrested and charged, we remove their face (humanity) and replace it with the label “criminal”.  The punishment that her parents imposed on her is abusive, especially in light of her “crime”.  The physical result of the time this little girl spent in the closet was malnutrition  and more.  We see the same physical results with youth held in solitary confinement….or worse…..they commit suicide.  Unlike this little girl, they are not allowed to go to school and have interaction with other human beings.  They are completely isolated.

I believe it is time to call the solitary confinement of human beings what it really is……ABUSE!

http://solitarywatch.wordpress.com/2010/01/30/children-in-lockdown-part-1-solitary-confinement-of-kids-in-adult-prisons/

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