19. May 2010 by Rev Young.

U.S. Supreme Court Prohibits Life Without Parole Sentences for Youth Who Did not Commit Homicide

The National Juvenile Justice Network commends the May 17, 2010 holding by the Supreme Court of the United States that it is unconstitutional to sentence youth who did not commit homicide to life without the possibility of parole. Graham v. Florida broadly condemns the sentence of life without parole for youth who have not committed homicide, finding the punishment to be cruel and unusual. The opinion draws upon our national evolving standards of decency demonstrated in part by the fact that only 129 non-homicide youth offenders are currently serving life without parole sentences in only 12 states.

The strongly worded opinion affirms the fact that youth have lessened culpability than adults, and that youth’s developing brains make it impossible to determine if they are beyond rehabilitation. Reiterating many of the findings from Roper v. Simmons, 543 U.S. 551 (2005), regarding youth’s lack of maturity, underdeveloped sense of responsibility and vulnerability to outside, especially peer, pressure, the Court states that youth cannot be “classified among the worst offenders.” Furthermore, “no recent data provide reasons to reconsider” the Court’s observations in Roper, and “developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds.”

In Graham, the Supreme Court reasserts the “rehabilitative ideal” – the underpinning of the juvenile court – finding that life without parole “forswears altogether” this goal. The Court reminds us of juveniles’ “capacity for change and limited moral culpability,” and states that “a life without parole sentence improperly denies the juvenile offender a chance to demonstrate growth and maturity.”

The Court rejects criminal justice-related justifications for life without parole for non-homicide offenses, stating that “none of the goals of penal sanctions that have been recognized as legitimate – retribution, deterrence, incapacitation, and rehabilitation – provides an adequate justification” for such a sentence. The Court additionally states that “life without parole is an especially harsh punishment for a juvenile,” noting that a juvenile offender “will on average serve more years and a greater percentage of his life in prison than an adult offender.”

The opinion acknowledges the importance of and difficulties in assuring effective juvenile defense, and consequently rejects a case-by case approach to sentencing in favor of a wholesale invalidation of life without parole for youth who did not commit murder. The “features that distinguish juveniles from adults also put them at a significant disadvantage in criminal proceedings”; factors such as a youth’s mistrust of adults, difficulty in weighing long term consequences, and impulsiveness “are likely to impair the quality of a juvenile defendant’s representation.”

The Court once again clarifies the natural dividing age between youth and adulthood as the age of 18. In its categorical exclusion of youth under 18 from the sentence of life without parole for a non-homicide offense, the Court stated that “the age of 18 is the point where society draws the line for many purposes between childhood and adulthood.”

Lastly, the Supreme Court holds our sentencing practices to the light of international norms, which decry the use of life without parole as a sentence for youth; the United States “is the only Nation that imposes life without parole sentences on juvenile nonhomicide offenders.” The Court finds a “global consensus” against the sentence in world practice as well as in the text of the United Nations Convention on the Rights of the Child, which has been ratified by every nation except the United States and Somalia.

Graham v. Florida starkly states that the “Constitution prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit homicide.” States must provide youth with a “realistic opportunity” to turn their lives around and obtain release. The decision’s acknowledgment of the unique potential of youth takes us one important step closer to, and provides much of the reasoning for, the establishment of a humane and just system that holds young people accountable, protects public safety, and gives every youth the opportunity to become a law-abiding, productive citizen.

Press coverage of the decision:

“Justices Limit Life Sentences for Juveniles,” The New York Times, Adam Liptak, May 17, 2010.

“Court Rules Out Some Life Sentences for Juveniles,” The Washington Post, Mark Sherman, May 17, 2010.

“Life ‘Cruel and Unusual’ Punishment for Teens, Court Rules,” CNN, Bill Mears, May 17, 2010.

“Court Limits Harsh Terms for Youths,” USA Today, Joan Biskupic and Martha T. Moore, May 17, 2010.

“Supreme Court Restricts Life Without Parole for Juveniles,” The Washington Post, Robert Barnes, May 18, 2010.

“Supreme Court Rejects Some Life Terms for Juveniles,” National Public Radio, Nina Totenberg and Lynn Neary, May 18, 2010.

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23. April 2010 by Rev Young.

As Colorado legislators prepare to vote on the release of funds for CSPII there seems to be many voices raising objection to this form of incarceration and human treatment.  In follow up to this story, information and links to other stories, video’s and interviews are listed below.

 National Geographic Special Report on Solitary Confinement featuring Colorado State Penitentiary.

http://channel.nationalgeographic.com/channel/episode/solitary-confinement-4819#tab-Videos/07947_00

 David Sirota’s show on 760 AM was particularly powerful this morning. His lineup:

7:20

Former Harvard University researcher and certified psychiatrist Dr. Stuart Grassian is our special guest to discuss his film which aired on National Geographi Explorer called Solitary Confinement which features the Colorado State Penitentiary, or CSP-I, in Florence. Lawmakers approved funding earlier this month to open a third of Colorado’s newest state prison. Not just any prison, but a state-of-the-art Supermax that will lock offenders in solitary confinement. Dr. Grassian says Ninety-five percent of these people will get out and be released back on the streets. All isolation will have done is make them as violent, crazy and dangerous as possible when they get out.

At 7:35

David is joined by Westword reporter Joel Warner to discuss his piece on Alan Sudduth who at 16-years old in 1995, was sentenced to 70 years in prison for murder even though somebody else has repeatedly confessed to the crime. Link (to Westword Article)

You can hear both interviews – about Supermax and the framing of Alan Sudduth below.

Sirota Friday 4-23-10 Hour 1
Fri, 23 Apr 2010 09:01:28 -0400

David opened up Fight Club Friday.If you have a bone to pick with David for anything he;s said, now is your chance. He also gave his take on Tim Tebow being drafted in the first round by the Denver Broncos. He also played audio of Congressman Brian Bilbray saying he can identify illiegal immigrants by the clothes they wear. At 7:20 we talked with Dr. Stuart Grassian about his documentary Solitary Confinement. It really is about our Supermax prison in Florence. He explains that solitary confinement is a harsh and non rehabilitating measure. At 7:40 Westword’s Joel Warner joined the show to talk about the case of a man serving 70 years in Colorado for a murder that somebody else admitted to. He was sentenced when he was 16 years old.
 Download
To download the podcast, right-click “Download” and select “Save Target As” from the menu.

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20. April 2010 by Rev Young.

It has been decided by a unanimous vote in the Joint Budget Committee in Colorado, that money will be allocated to open one tower of CSPII with a budget of 9.5 million dollars.  One unit of persons currently housed at CSPI will be moved into the new tower at CSPII.  This will open a unit at CSPI which is designated as the new mental health treatment unit.  The full budgetary request from Director Ari Zavaras was $10.8 million dollars.  This will leave 1.3 million dollars to be directed toward the newly created mentally ill treatment pod at CSPI. 

The DOC has repeatedly requested budget allocations for a mental health treatment facility and has laid out other proposals to accomplish this.  These plans included changes to facilities at Fremont Corrections, Centennial Corrections and Sterling Corrections.  In those plans were requests to change out doors to full iron doors with tray slots at the bottom, elimination of double bunking, special covers for smoke detectors and other assorted requests. 

In other words, the Department of Corrections was trying to implement and create more administrative segregation beds within the facilities that were currently operating.  However, it is widely known and well documented that administrative segregation or solitary confinement further exacerbates any mental illness.  As a matter of fact it is widely known and well documented that administrative segregation or solitary confinement CREATES mental illness. 

From a report submitted to the Prison Commission:

It seems that after the public voted against the funding and the building of CSPII the government of this state still found a way to get it done (at our expense).  It seems that even though there are more humane choices and practices, our governement still chooses to treat people inhumanely (at our expense).  It seems that as we are looking for ways to rehabilitate, restore, rebuild and re-tool our communities, our government chooses to implement practices that erode our communities and our humanity (at our expense). 

There is another report that is being presented for consideration on the national level.  This document lists all of the violations of international treaty that are happening in the United State and the resulting violation of human rights.  Included in this list of violation is the practice of Juvenile Life Without Parole, Sentencing Policies and the issue of the use of Solitary Confinement and Administrative Segregation.  Read On….

Attached please find a report on U.S. juvenile and criminal justice practices
that violate international human rights treaties, authored by the Campaign for
the Fair Sentencing of Youth, Drug Policy Alliance, Justice Now, and The
Sentencing Project.  This report will be submitted for the Universal Periodic
Review (UPR), which is an evaluation of UN members’ compliance with their treaty obligations that is done every four years.  If you support the report’s
recommendations, we urge you to sign on to endorse the report.  UPR_CJ_Cluster_Report.pdf

Our report recommends the following reforms to U.S. juvenile and criminal justice practices:

        1.    Sentencing Practices
                Racially Disparate Sentencing
· End all mandatory sentencing practices.
· Amend penalties for crack cocaine to be equivalent with those for powder
cocaine, and eliminate similar egregious sentencing disparities.
· Mandate the preparation of racial/ethnic impact statements to be submitted in
conjunction with proposed sentencing and corrections legislation.

                Juvenile Life Without Parole Sentencing
· Abolish the practice of sentencing people under age 18 to life in prison
without the possibility of parole.
· Provide meaningful review of the sentences of people currently serving life
without parole for crimes committed under age 18 after they have served 10
years, and every three years thereafter, to determine whether they have been
rehabilitated and may return to the community.

Collateral Consequences of Felony Convictions
·      End implementation of all practices of collateral consequences for drug
convictions.
·      Reinstate benefits for individuals with prior drug convictions.

2.    Conditions of Confinement

                Violations of Incarcerated Women’s Reproductive Rights
·    Cease performing sterilizations in the prison setting and comply with
domestic and international law prohibiting the use of federal funds for
sterilization in the incarceration settings.
·    End the practice of shackling of incarcerated pregnant women, including in
transport to and from the hospital setting.

                Treatment of Mentally Ill Prisoners
·    Develop and implement quality screening methodology to identify mental
illness at prison intake in order to provide treatment as needed.
·    Define minimum standards for mental health treatment of those inmates.

                Confinement in Super-Maximum Security (Supermax) Prisons
·         Cease the placement of vulnerable inmates, including the mentally ill,
in solitary confinement conditions where less punitive alternatives are
available.
·    House prisoners in the least restrictive unit possible, in order to cease
the expansion of supermax confinement.

In Colorado, our government chooses to violate these agreements….(at our expense).  Decisions in this state should be to further morality, eithics, accountability, truth, reformation and restoration….not destruction. 

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12. March 2010 by Rev Young.

Legislation ending direct file will be introduced next week, which makes this debate even more important!

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12. March 2010 by Rev Young.

We continue to raise awareness concerning the war we have allowed the government to declare on our children.  It seems that most of us are unaware of the power and authority that public schools, public officials and our criminal justice system have over the care and discipline of our kids.  We must begin to look at and evaluate the systems that are responsible for the welfare, training, education and habilitation of our children.  The next stop?  PRISON.  Prison populations are becoming saturated with mentally ill, developmentally delayed and special needs young people.  We don’t seem to know what else to do with them!  Have we become so immune to violence that the torturous treatment of human beings does not shock us?

 I have a 25 year old autistic daughter.  When she was attending the public school system, there were few programs and very little knowledge concerning the treatment and education of an autistic child.  That was one challenge in itself.  The other challenge is that autistic children react quickly and with force when they are in situations where they are over stimulated and overwhelmed.  This was always a concern for me, as a parent, because first and foremost I did not want my daughter to be in situations that caused her such great distress.  Secondly, I did not want her to harm another person when she was out of control.  Because of a particular situation when she went to junior high school, we developed a Behavior Modification Program and I instructed all of the teachers, teachers aids and special education staff on deescalating and coaching my daughter on how to manage her circumstances.  This worked very well and was later used with many other children. 

Most parents don’t know that the school has jurisdiction over your child’s behavior, unless you otherwise outline your request.  Most parents don’t know that your child can be restrained, put in isolated confinement or strapped to a chair if the school feels it is necessary.  Most states in this nation do not even have clear policy and procedure concerning the necessary restraint of a child.  Children have died while being restrained or isolated.  This week a bill was voted on to require all states put in place policies governing the use of restraint in schools.  This article came from  http://solitarywatch.wordpress.com/   

The 7-year-old special needs girl who died of suffocation while in a “prone restraint”

On Wednesday, the United States House of Representatives passed H.R. 4247, the  Preventing Harmful Restraint and Seclusion in Schools Act, by a vote of 242-153. In the final vote count, 238 Democrats and just 24 Republicans voted for the bill, while 8 Democrats and 145 Republicans voted against it. (Check out the full roll call here.) 

The stated purposes of H.R. 4247, which was introduced in December by Representative George Miller (D-CA), chair of the House Committee on Education and Labor, include the following:

(1) prevent and reduce the use of physical restraint and seclusion in schools; 

(2) ensure the safety of all students and school personnel in schools and promote a positive school culture and climate; 

(3) protect students from— 

(A) physical or mental abuse; 

(B) aversive behavioral interventions that compromise health and safety; and 

(C) any physical restraint or seclusion imposed solely for purposes of discipline or convenience;

(4) ensure that physical restraint and seclusion are imposed in school only when a student’s behavior poses an imminent danger of physical injury to the student, school personnel, or others….

It’s hard to decide which is more shocking: the fact that that 153 members of the United States Congress would see fit to vote against such a bill, or the fact that it was needed in the first place, orit.

As to the latter–the bill’s findings state that “physical restraint and seclusion have resulted in physical injury, psychological trauma, and death to children in public and private schools.” The House Education and Labor Committee conducted hearings on the subject last spring, after the Government Accountability Office published a report that began with the following statement:

Although GAO could not determine whether allegations were widespread, GAO did find hundreds of cases of alleged abuse and death related to the use of these methods on school children during the past two decades. Examples of these cases include a 7 year old purportedly dying after being held face down for hours by school staff, 5 year olds allegedly being tied to chairs with bungee cords and duct tape by their teacher and suffering broken arms and bloody noses, and a 13 year old reportedly hanging himself in a seclusion room after prolonged confinement.

Special education students were especially vulnerable to this kind of treatment, the report found:

For example, teachers restrained a 4 year old with cerebral palsy in a device that resembled a miniature electric chair because she was reportedly being “uncooperative.”….Teachers confined [a 9 year old with learning disabilities] to a small, dirty room 75 times over the course of 6 months for offenses such as whistling, slouching, and hand waving….In another case, a residential day school implemented a behavior plan, without parental consent, that included confining an 11-year-old autistic child to his room for extended periods of time, restricting his food, and using physical restraints. The child was diagnosed with post traumatic stress disorder as a result of this treatment.

A report published earlier last year by the National Disability Rights Network provided additional examples, including one in which a 7 year old Wisconsin girl, who was diagnosed with an emotional disturbance and ADHD, died of suffocation after several adult staff pinned her to the floor in a “prone restraint” because she was blowing bubbles in her milk.

A handful of earlier accounts had also exposed the widespread use in schools of “seclusion rooms” or “time-out rooms”–basically, solitary confinement cells for difficult-to-control children. One of these came from education researcher Mary Hallowell in her 2009 book Forgotten Rooms. According to an article the Atlanta Journal-Constitution:

Education researcher Mary Hollowell spent months chronicling an alternative high school in rural Georgia before she discovered the awful secret that continues to haunt her today. Walking with the principal down a hall, Hollowell heard a loud pounding. She followed the principal into a room and then through a connecting doorway that led to a solitary confinement cell double bolted from the outside.

“The cell was dark inside and had a small, square window,” she said. “It was the kind of set-up you saw in a mental institution, not a school.” Inside the cell was a boy Hollowell recognized; she had tutored him in reading and even had artwork from him. “I felt like I had been punched in the stomach when I realized what I was seeing,” she says. “The principal’s comment to me was that most people didn’t know this room was there.”

These are the sorts of abuses that H.R. 4247 seeks to address–and the GAO report made clear the pressing need for federal legislation on this subject. “GAO found no federal laws restricting the use of seclusion and restraints in public and private schools and widely divergent laws at the state level,” it said. And in fact, “GAO could not find a single Web site, federal agency, or other entity that collects information on the use of these methods or the extent of their alleged abuse.” 

Yet 153 members of Congress chose to vote against a law that would expose and limit what can in some cases be described as the torture of schoolchildren.

Perhaps not so shocking after all: In a country that condones torture not only in its military detention centers, but in its state and federal prisons, immigration jails, and juvenile detention centers, it was only a matter of time before it trickled down into our schools.

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

11. March 2010 by Rev Young.

I received a very disturbing e-mail this week.  It was from a fellow advocacy organization sending out an action alert for the state of Colorado.  It seems that after our Governor called for drastic budget cuts across the board because of our fiscal shortfall, the Colorado Department of Corrections has asked for $10 million dollars to open one tower of CSPII.  CSPII will be Colorado’s second supermax facilitythat will be even more debilitating and oppressive than the current facility (CSP) that is in operation.  All visiting at CSPII will be done via video. This will eliminate all human contact. 

While DOC tries to justify the need for this facility and this severe level of incarceration, their arguments do not hold water.  The truth is that Colorado uses administrative segregation more than any other state in the country except for Ohio.  The truth is that DOC has empty beds right now in many facilities around the state.  This means that offenders currently housed in administrative segregation at CSP or Sterling Correctional facility could be placed back in general population.  The truth is that DOC over uses the practice of administrative segregation for any level of infraction, including the most minor violation of DOC rules. 

The truth is that we do not want to be known for torturous practices in this state.  There is a growing movement away from the use of this form of punishment because it has been researched, documented and confirmed that such disciplinary action actually causes more harm to individuals and decreases their ability to interact in a social environment.  The truth is that this form of disciplinary practice causes mental illness.  Individuals, including members of our military, have recounted the deterioration of their mental processes and cognition when housed in solitary confinement. 

Aside from all of the facts concerning the use of administrative segregation comes the bottom line issue.  It seems that our elected officials value prison facilities more than they value education.  It seems that there is a special place for 10 million dollar requests from DOC when our school districts are cutting millions of dollars from their budgets. 

It is time that we begin placing our focus and emphasis on the programs and systems that create stronger communities, and that begins by creating stronger individuals.  Education, treatment programs, rehabilitation programs, housing, employment and a state that is focused on creating long term stability for our future is what we need. 

We have followed the direction and decisions of our lawmakers and we are reaping the results of those decisions.  We all believed the experts that said there was a coming generation of super predators and we needed to prepare our prisons for them.  We believed our law makers when they declared a war on drugs and we believed them when they said they were going to significantly reduce the availability and use of drugs in America.  We believed them when they spouted their tough on crime platforms and how they were going to make America a safer place to live.  We allowed them to fill us with fear and foreboding and gladly gave up our freedoms and humanity so that we could feel more secure. 

We have 25 years of history to review concerning these political platforms.  History proves that we didn’t have anything to be afraid of.  Our communities remain as safe as they were when these political messages came forth, meaning that we have not experienced a significant increase or decline in our crime rates or addiction in this country.  The laws (mandatory minimums, 3 strikes your out, longer prison sentences) have not produced the results that our law makers promised.  The huge prison expansion that this country has seen (and paid for) has only created and increased a new population of Americans called OFFENDERS. 

We will spend close to Three Quarters of a Billion dollars on corrections this year in the state of Colorado (operating and capitol expense budget requests, probation and parole).  The numbers for the nation are even more astounding.  According to the PEW Charitable Trust report “1 in 31″, the United States spent 68 Billion dollars on corrections, parole and probation in 2008.  By the way, Colorado has the distinction of having 1 person for every 29 citizens under the jurisdiction of DOC. 

Our crime rates have changed little and the safety in our communities remains the same.  Our communities are not stronger and our criminal justice system does not rehabilitate or “correct” the behavior of those in their charge.  Treamment, rehabilitation and education is less than 5% of DOC’s budget.  The focus is purely on warehousing….with a very high price tag. 

Our education systems, whether elementary, secondary or higher education, have all cut their budgets steadily over the last decade.  We have eliminated or drastically reduced programs that care for the disabled, the abused, the neglected, the homeless and the elderly leaving them to their own devises so that they may survive. 

BUT WE STILL FUND PRISONS.  So my question is why?  What do our lawmakers and officials stand to gain from funding more prisons?  What is the cost to all of us?  Why is Colorado opening another prison facility (and a very expensive one) when other states are closing prison facilities?

I ask you to join me in calling for spending that creates healthy communities.  With limited dollars available for our state budgets, we need to make every dollar count.  We need to hold our law makers accountable for their actions and votes.  We need to focus on the members of our community that are not housed in correctional facilities so that they become strong and successful.  We need to be sure that we are focused on those who are at risk so that they do not fail and find themselves on a path to prison. 

Then we need to focus on rehabilitating and holding accountable, those who have made wrong choices.  We need to give them the tools, the opportunity and the requirement to make better choices for their future.  While those held in prison may have broken the law, they are also capable of rehabilitating their lives and becoming successful members of our communities.  This means we will not pay for their housing or care….They will pay their own way and have confidence in knowing they can succeed. 

If you would like more information on the practice of solitary confinement please click on the links below.  If you would like to contact the members of the Joint Budget Committee in Colorado, the links are provided. 

http://solitarywatch.wordpress.com/2010/03/10/teen-kills-himself-after-being-put-in-solitary-for-trying-to-kill-himself/

www.supermaxed.com/

Colorado Members of Joint Budget Committee -

 jack.pommer.house@state.co.us   moe.keller.senate@state.co.us    mferrandino@yahoo.com     rep.kent.lambert@comcast.net    abel.tapia.senate@state.co.us     senatorwhite@earthlink.net  

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2. March 2010 by Rev Young.

It seems that in the United States we have a “Polly Anna” attitude or maybe we walk around with our hands over our eyes so that we do not have to face the evil around us. 

Most American people believe that if a person is arrested and charged, they must have been involved in a crime and deserve what’s coming to them.  Most of America believes that we have a criminal justice system in place that is fairly fool proof and we always get the bad guy.  We have to believe that.  Otherwise we will be faced with the fact that yet another piece of our world is antiquated, corrupt and unaccountable. 

There has been a consistent theme in reporting around the country this week.  A theme that should cause us to be angry.  This concerns the injustice that has been set against our fellow citizens and children.  Those that have been charged wrongfully, those being bantered with in a game of power and those who have served time in our prisons wrongfully…….even those who died in prison and were later pardoned. 

Organizations like the The Innocence Project work on cases around the country to get those who have been wrongfully convicted free.  There are also organizations who are working on the issues surrounding juvenile justice and the ability of District Attorney’s to transfer juveniles to adult court for prosecution.  Still others are working to examine and hold accountable our criminal justice system.  There are too many stories of criminal justice infractions on the rights of citizens, too many wrongful convictions and too many innocent people behind bars.  Then you can add too that the number of individuals who are serving long prison sentences or indeterminate sentences because of conspiracy laws and felony murder.  These laws cause the defendant to be just as culpable as the person who committed the crime just because they were present or knew of the crime before or after the fact.  It’s called guilt by association. 

The first story that I want to relate to you, is about an 11 year old boy (Jordan Brown) who has been charged with murder.  Much debate went on concerning the status of this young defendant and now he is notably one of the youngest person to be tried in adult court.  What in the world could an 11 year old boy have done to deserve this?  He is charged with killing his father’s fiance and her unborn child.  The evidence proves otherwise. 

From Mary Ellen Johnson of The Pendulum Foundation - “The reasons this case may be so important are two: first, Jordan is the youngest person in America to have been charged as an adult for murder; and two, Jordan is innocent. All of the issues which arise in youth violence cases are present except having to explain why this young person may have gone wrong. He didn’t. He is, in fact, a model kid and potentially a poster-boy for everything that is structurally wrong with the American approach to youth justice, Jordan’s case dramatizes that everyone’s children are at risk as long as these unfair and irrational laws remain on the books.”  Mary Ellen is speaking of the Direct Statute and the ability of a District Attorney to transfer a juvenile into adult court for prosecution.  For more information concerning this case please click on these links - www.jordanbrowntrust.org  or http://wandervogeldiary.wordpress.com/

The next story that I want to bring to your attention concerns the infamous case of the “West Memphis Three”.  These three boys were charged with the murder of homeless men.  The evidence proves otherwise.  One young man is on death row.  Actor Jonny Depp made a public appearance and statement on the program “48 Hours Mystery” this past weekend, on behalf of justice for these three boys.  All they are asking for is a re-trial and a chance to present the truth.  So far they have been denied.  You can see more on this by following the link below.

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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 »