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.

“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! 

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/

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. 

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.

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/

I, along with many other concerned citizens, will be attending a conference on prison cost and the impact on our state.  I do not think we have stopped to realize the far-reaching impact that prisons will have on our nation for the next twenty years IF WE INCACERATE NO ONE ELSE IN THAT TIME.  The tough on crime laws, the mandatory sentencing movement and the long prison sentences that have been handed out over the last 10 to 20 years will impact our state budgets for many years to come.

We have been filled with propaganda from our legislators and district attorney’s concerning the severity of punishment that was needed to stop crime in America.  There policies, laws and incarceration practices have not stopped crime and have created a new community of citizenship in this country.  The “forever” criminal.  Those who have served time in prison will never have that information erased from their life history.  This is not implying that it would be erased from memory.  That will never happen.  What I am talking about is the large number of citizens that will carry the label of felon or inmate for the rest of their lives.  This means that they are not eligible for work in most companies.  This mean that they cannot provide for themselves and their families.  This means that we are creating a large sector of our society that will always be at risk of failure. 

The prison system itself does not teach the person they are holding how to become a better citizen.  The system does not create more stable people.  The system does not give people better coping skills, education, job skills or relationship skills.  Instead the system further breaks down the person they are holding.  Now I must be fair and state that some facilities in this country have begun looking for better prison practices and have incorporated successful programs in their facilities that assist people in becoming successful in the future. 

As a citizen of this country, I no longer want to pay for a system that does not produce positive results.  As a citizen of this country, I do not want to continue supporting laws, practices or institutions that threaten the ability of my community to be healthy and vibrant.  As a citizen of this country, I do not want to continue building prisons that destroy humanity while being unable to fund education, rehabilitation or elder care.  I want a better solution. 

I do not see the benefit of long prison sentences in prison that do not rehabilitate their charges.  I do not see the benefit of tough on crime laws that have not impacted crime rates and have only created a portion of society that has little or no chance of leading a successful life.  As a citizen of this country, I do not want to be responsible for the torture, abuse or death of people who are in the care of the state and therefore in my care. 

Sometime ago, I announced that Senator Webb had introduced a bill that called for the investigation and reporting on the condition of the criminal justice system in America.  We are poised and ready for change.  We need change. 

Senate Committee Passes
National Criminal Justice Commission Act of 2009

The bi-partisan National Criminal Justice Commission Act of 2009 (S. 714) was passed out of the Senate Committee on the Judiciary today by voice vote. The legislation, sponsored by Sen. Jim Webb (D-Va.) would create a commission to conduct a thorough evaluation of the nation’s justice system and offer recommendations for reform at every stage of the criminal justice system.

The establishment of such a commission could not come at a more critical time. With 2.3 million people in prisons and jails, the United States has the highest incarceration rate in the world. Federal and state governments spend more than $50 billion each year on corrections, and the population behind bars continues to grow.

ADULT TIME FOR STEALING A PACK OF GUM FROM ANOTHER TEEN
http://www.cnn.com/2010/CRIME/01/15/connecticut.juvenile.ages/

WHEN LIFE IS CRUEL http://www.latimes.com/news/opinion/editorials/la-ed-lwop14-2010jan14,0,4639361.story

JUVENILE SEXUAL ASSAULT IN PRISON  http://www.justicefellowship.org/what-is-restorative-justice/justice-fellowship-resources/14157-twelve-percent-of-juveniles-in-custody-are-assaulted-sexually

BATTLING SOLITARY CONFINEMENT  http://solitarywatch.wordpress.com/2010/01/22/americas-most-isolated-man-sues-the-bureau-of-prisoners/

This week a conference was held to release numbers concerning the deaths of children as a result of abuse or neglect in the state of Colorado over the past seven years.  The article was titled “Colorado’s Number of Shame” 179 children killed from abuse and neglect over the past seven years http://www.denverpost.com/billjohnson/ci_14162798source=rsshomecol#ixzz0cMQm0uMW  This was an editorial written by Bill Johnson who attended this conference.  Thank you for your report.  I want to add that you may be able to find statistics for your state by accessing the report from Every Child Matters http://www.everychildmatters.org/images/stories/pdf/wcdb_report.pdf.

The Denver Post article goes on to report that in fiscal 2008-9 there were 76,000 reports of child abuse and neglect.  The state investigated 1 in 3 of these reported cases and of those investigated only 22% received child services.  The report goes on to give statistics concerning the future outcome for those children that suffer in a place of neglect and abuse.  The article lists high school drop out rates, teen pregnancy rates and the instance of homelessness.  However, the impact and devastation is further reaching and continues to impact and burden our state.  More on this in a minute.

The other facts that are very evident to many who deal with children, is that the risk for failure in a child can be spotted at an early age.  There are education professionals that will tell you they can discern as early as the first grade whether or not a child will complete high school.  The will tell you that they can spot the evidence of neglect in a home.  They can tell you which children come from a home where there is a lack of parental supervision or interaction. 

We also know, from extensive case study and reports, that children who come from a home where there is drug and alcohol abuse are at risk of becoming addicted themselves at an early age.  We know the things  experienced in the home become the social patterns of these young children for the future. 

The next step on this path of failure for these young children is often through prison doors.  Those who come from addicted or neglectful homes often turn to drugs and alcohol.  This leads to addiction and securing ways to feed their addiction.  In the state of Colorado, 66% of our prison population is there because of drug related crimes.  If you are dealt with in a violent manner in your home, you learn to deal with stressful situations with violence.  If you grow up in a home where rules are broken, where the things that are not supposed to happen to you DO happen, you do not learn right from wrong.  Let me emphasize that statement because it is very important for us to hear and understand.  There has been much discussion and controversy over the ability of a young person to make adult decisions and be held accountable as an adult for their actions.  First and foremost kids are not adults.  They do not have the mental capacity to live past, or see past, the events that are right in front of them.  This is true of a “normal” adolescent that has been raised in a positive environment.  Now add to that immaturity, the impact of being raised in an environment where violation of right and wrong is an every day occurrence.  They are not taught nor have the ever experienced the difference between right and wrong.  They are told that abuse is wrong (from outside sources) but it happens in their home.  They are taught (in school) that drugs are bad and can lead to a life of destruction but it is an everyday occurrence in their home.  They are told and disciplined for the use of violence to solve problems but that is how problems are solved at home. 

The lack of focus on juvenile reform issues, addiction treatment and child protection has resulted in a bulging prison system.  We take those who have been neglected, abused and unprepared for successful futures and confirm their lack of worth by condemning them to prison.  Our focus has been on “tough on crime” policies.  We may be better served by focusing on the health and welfare of the members of our community. 

The problem we face now is how to stop this destructive cycle and make positive changes.   The Department of Human Services will tell you that the reason they cannot investigate and care for all of these children, is because of a lack of funds.  The educators will tell you the reason they cannot have more influence in a child’s future, is because of a lack of funds.  The juvenile delinquency professionals will tell you that the reason they cannot serve all the children in need, is because of a lack of funds.  Addiction treatment centers will tell you that the reason they cannot treat those with an addiction problem, is because of a lack of funds. The prison system will tell you that the reason they cannot focus on reform and re-entry is because of a lack of funds.  Our state is broke.  Most states are broke and most states could not afford to increase the funding to these organizations to meet the needs of their population. 

We need renewed social responsibility.  Not in the form of government programs but in community based centers that create new revenue streams.  I will give you an example.  I know of a man who opened a florist shop.  He, himself, only took a salary from the business.  He employed people who had served time in prison and helped with re-entry for these individuals.  He took the profit from his business to fund an organization that helps offenders transition from prison to their communities.  I know of people who have created businesses that created jobs for homeless people, single mothers and former offenders and the profit from these businesses purchased affordable housing that was also available to those in need. 

If we are going to find solutions to the problems we are faced with and the budget crisis in our states, we are going to have to be creative and innovative.  We have the skills, the knowledge and the resources.  Do we have the tenacity, the strength and the heart?

The story is always the same, the debate is always the same and it is always based around the current political climate.  We feed off of each others catch phrases, we hire experts to help us frame our message appropriately so that we reach a wider audience and we try to ascertain who our allies are.  These are all good strategies if we are trying to work within the constraints of the political process. 

As the course is set for the coming year, there are statistics to consider.  These are not figures reported in the countless documents that are generated concerning the size of our problem.  The consideration should be the individuals that become the statistics in these reports.  As we develop strategy’s and confer with each other concerning the politically correct message that will cause change, our prison population ages.  As we agonize over words, pictures and messages, 14 year old kids are being sent to adult prisons.  As we divide the lists of politicians into “friend or foe” people are abused, mistreated, abandoned and condemned to a life in prison.

If we are to have any impact I believe we need a new language and a new level of awareness.  This is not about political process, government agencies or any of the old rhetoric we have become so accustomed to using.  This is about people, reality, honesty and justice.  We need to be prepared to speak truth and accept truth. 

In October of this past year, a 14 year old boy was arrested and charged with killing his parents.  In Colorado the District Attorney has the sole authority and right to decide whether or not this young man should be charged as an adult.  He was.  Then the court was left with the problem of where this kid would be housed.  The arguments were heated and loud as the judge tried to decide whether or not to send this young man to county jail where he would be held in solitary confinement during the course of his proceedings and trial.  We are a country that declares you are innocent until proven guilty yet we are willing to subject a possibly innocent person to cruel and unusual punishment.  Even if this child is guilty of the crimes he is charged with, did it ever occur to anyone that he was in need of serious help?  14 year old kids do not kill out of evil malice, only adults with an agenda do that.

Because we, as advocates, have been met with hostility and vehement opposition from victims advocacy organizations and District Attorney’s, we have softened our stance, our language and learned to re-present the truth in a more palatable manner.  It has not worked.

We need to start by stating the facts.  Our current criminal justice practices have not worked in preventing crime, it has only increased crime.  We have 7.3 million people under the authority of the department of corrections in the United States.  A system full of, and fraught with, criminals and instances of continuing criminal acts.  These acts are acts of violence between inmates, abuse inside of facilities, drug use and corruption inside of facilities as well as the crime against the human spirit which causes a break down of social skills.  If you take the current rates of crime, add our current prison population and then add the population of people who will carry the label of criminalfor the rest of their lives, we are creating a large population of criminals through our laws and practices.  Instead of allowing individuals to serve penance for their wrongs, helping them to find healing for themselves and those they have wronged and restoring our communities from destruction into prosperity, we are choosing to live in brokenness…..forever.

In order to see change come, we must become bold in our statements.  We must confront our authorities with the truth of the consequences of the laws in place.  If we believe that we are innocent until proven guilty and that is the law of the land, then we need to hold our authorities accountable to those laws.  If we believe that these are broken children who are in need of intervention and that we are judged by the treatment of our children then we must hold our law makers accountable for their protection.  We can no longer afford to be cautious and calculating and we must be prepared for opposition.  The cost is too great….destruction of our nation…..poverty and brokenness….human life. 

  Instead of “tough on crime” or “soft on crime” rhetoric we need to confront our policy makers with the human cost of incarceration practices to the citizens of this country.  Instead of juvenile justice reform policies we need to speak of child protection policies, rehabilitation policies and the future of our nation.  Instead of emphasizing crime rate statistics we need to emphasize criminal reform statistics.  We need new language new bench marks and new strength.  When confronted with victims advocacy organizations we need to be prepared to speak of the pain and loss that our current policies hold them captive to and that healing is for everyone…even them if they choose it. 

I challenge all of us to look again at the challenges we face as advocates and see those challenges from a new perspective.  Look at them with fresh eyes and maybe this year we will leave a legacy behind instead of a wish list for next year.

This past year gave us small victories and more frustration.  With the needs of the entire nation reaching crisis stage, we did not make the headway that we desired.  I want to tell you that many of the answers and changes we need lie in criminal and juvenile justice reform.  The reason for this statement is this:  If we can begin to look at the people of this nation as individuals, with needs that can be answered, to make our nation stronger as a whole, we will get back on course. 

Our leaders, for several decades, have worked to divide this nation.  The right against the left.  The good against the bad.  The wealthy against the poor.  We have become a nation divided and we have lost our focus.  The strength, value and contribution of each citizen creates a strong community.  The strength, value and contribution of a community creates a strong state and so on.  We have lost the value of each member of this nation. 

I met with a young lady just before the new year celebration.  I went to visit her in a large women’s prison facility.  She was nervous as this was our first meeting and she wanted to leave me with a good impression and the understanding that she truly wanted to change the course of her life.  I traded small talk with her to ease her countenance and slowly she began to tell her story.  It began with the loss of her mother to cancer at the age of 13.  Her mother literally died in her arms.  Her father found solace in a bottle and this young girl would have to track down her father in bars to get money for food for the children in the house.  No time and no person to help her process her own grief, anger or loss, there were her siblings to consider.  By the time she reached 18 she was off and running to find her own “medication” and comfort.  This course of therapy brought her to prison and left her own very young daughters without a mother. 

This young woman is now faced with the future and how she will find the resources she needs to become a strong and contributing member of our community as well as the mother her daughters need her to be.  She has the heart for it.  She has the desire to make things right in her life and she realizes the mistakes she made.  Yet her success is limited by many factors, the first being the grief, loss and anger she has walled away for so many years.  In prison, you don’t get to be real.  In prison you don’t have the opportunity or the safety that allows you to be vulnerable enough to deal with the issues that caused the infractions in the first place. 

Will she make it?  In addition to the personal issues, she must also face the fact that her record will follow her all the days of her life and that our current employment practices will count her undesirable in the workplace.  She will be faced with the rigors of probation, the barriers of finding suitable housing as many apartment complexes and landlords will deny her for her record.  She will have to find her way through the paperwork necessary to re-establish her identity and her ability to find transportation.  The challenges are huge and the help close to non-existent. 

You might think that this is not your problem.  You might wonder how this effects the well being of our community and the strength of this state and the nation.  The PEW charitable trust released a report last year entitled “1 in 31″.  The number of people currently accountable to our Department of Corrections system in this nation has reached critical mass.  We are at the point of no return unless we change the way we look at crime and punishment.  “Adding up all probationers and parolees, prisoners and jail inmates, you’ll find America now has more than 7.3 million adults under some form of correctional control. That whopping figure is more than the populations of Chicago, Philadelphia, San Diego and Dallas put together, and larger than the populations of 38 states and the District of Columbia. During Ronald Reagan’s first term as president, 1 in every 77 adults was under the control of the correctional system in the United States. Now, 25 years later, it is 1 in 31, or 3.2 percent of all adults.”  http://www.pewtrusts.org/our_work_report_detail.aspx?id=49694&category=74

That number, 7.3 million, is staggering, but when you multiply that by the number of people impacted as the result of the incarceration of one person, it is even more staggering.  On average the incarceration of one person directly effects the lives of at least 6 other people.  That is 43,800,000 people affected.  It impacts their finances, their responsibilities, their futures and their well being.  Now do you see the problem? 

The state of Colorado, where I reside, has the dubious honor of reporting that 1 in 29 people are currently under the authority of the department of corrections.  Our recidivism rate hovers around 51 to 53 percent.  Why do they fail and return to prison?  Many reasons but mostly, because we set them up to fail. 

This cycle of brokenness, debilitation and weakness has to stop if we are going to strengthen our communities.  The question is, how do we get out of this squirrel cage?  How do you break this cycle?  How do we stop pouring so much money into a system that has proven itself to be inadequate, at best, and destructive, at worst? 

That will come in future articles.  First, in order for you to get a clear picture of the challenges we face, I suggest you read this article from the Colorado Springs Independent titled “From Freedom To Failure” http://www.csindy.com/colorado/from-freedom-to-failure/Content?oid=1574332  Thank you and Nice Work Guys.