INCARCERATED CHILDREN
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Queer youth of color are
particularly vulnerable to victimization at the hands of the Justice System. By
examining the ways in which queer youth experience overrepresentation in the
Juvenile Justice, how they are disproportionately discriminated against by the
Juvenile Justice System, and how they consistently endure higher rates of abuse
and homelessness we can better understand how to address systemic and
institutional forms of violence.
- Common misconceptions about, and biases against, LGBT youth negatively impact how the juvenile justice system responds to them - The Juvenile Justice system has become the default system for handling youth with histories of trauma, mental health issues, or learning disabilities, even though the justice system is ill-equipped to serve these youth. - Queer youth make up 5-7% of the total U.S. population but 15% of the youth in the Juvenile Justice System - School policies and practices that promote the School To Prison Pipeline include “zero tolerance” policies, increased police presence, suspension and expulsion, and harsh and disparate disciplinary practices. Research has demonstrated that students pushed out by such policies, practices, and disciplinary disparities are disproportionally students of color and low-income students. However, findings from this research study are consistent with other recent studies suggesting that disabled, LGBTQ and gender non-conforming students are also facing discipline disparities and school push-out. - An estimated 25 to 40 percent of LGBTQ youth are homeless and report leaving home due to conflicts with family members around their sexual orientation or gender expression as a contributing factor. - Police abuse, neglect and misconduct were consistently reported at higher frequencies by respondents of color and transgender and gender nonconforming respondents. In California, there are currently 237 juveniles serving life without parole sentences (Post-Conviction Justice Project). Some of these juveniles, due to recently passed legislation, will have a chance for parole. In January 2013, the Senate Bill 9 (SB 9) was passed earning a second chance for offenders serving JLWOP sentences. This law allows individuals who had been convicted under the age of 18 a chance for a new hearing and the possibility of parole.
However, cases in which the victim was a law enforcement official are not included. In 2014 the California state Supreme Court cases State v. Moffett and State v. Gutierrez has allowed some juveniles with life a chance at a new hearing and possibly parole. The California State Penal Code states that juveniles of ages 16 to 17 who have been convicted of murder should be sentenced to life without parole or 25 years to life “at the discretion of the court” (Juvenile Law Center). These court cases challenged the court’s favor of JLWOP as being seen as the most appropriate. This has made JLWOP essentially mandatory in the sentencing of 16 to 17 year old offenders. This sentencing was deemed unfair on the account that the courts (unsurprisingly) had not taken into account special circumstances and specifics in their sentencing of these juveniles. Steps have been made but much is to be done before JLWOP is abolished from California and U.S. law. Despite these steps, many injustices still prevail in the sentencing of these convicted juveniles. In California, 85% of juveniles are people of color. Even more so, Black youth are sentenced JLWOP 18.3 times the rate of White youth. Hispanic youth are sentenced at 5 times the rate of white youth (Human Rights Watch 2012). Other factors such as home environment and previous abuse are not taken into account when sentencing these juveniles. In a 2012 study by Dr. Ashley Nellis, a survey was administered to 1,579 juveniles sentenced with life without parole. It was found that a large majority of these individuals experienced high levels of violence at home and within their communities. It is clear that these juveniles’ specific situations and psychological damage are not being taken into account. As the system has essentially given up on many of these juveniles, it is necessary for these individuals to obtain support. Many are in need of the support to overcome the limitations of their lives, become educated and fight for change. |
Although solitary confinement is dangerous and detrimental to any human, it is especially harmful to youths. There are no laws in any state that prohibit this practice, and youths are held for at least 23 hours a day, sometimes for up to a year (Kysel).
An observation by the American Civil Liberties Union (2012) found that in certain US prisons and jail, almost 100% of youth were held in solitary confinement at some point in their time while being incarcerated. Most of the time, it is for reasons out of their control (medical problems, psychological problems, etc.) The length of time youths are held in solitary confinement ranges anywhere from 1 to 365 days. During this time, they are denied access to family, education, and experience detrimental effects to their psychological health as well as physical symptoms. They are denied treatment for physical and psychological problems. This is considered a major human rights violation by the Human Rights Watch. (Winterdyk, 2012). Kyself (2013) interviewed adolescents who have been subjected to solitary confinement and found that every one of them reported feeling trapped, depressed, suicidal, and for girls especially, were often constantly reminded of prior abuse. A recent justice department review found that over half of juveniles who had committed suicide while incarcerated had done so while in isolation (Kyself, 2013). Some children and adolescents go years without seeing outside, or being touched by another human being other than to be shackled and restrained (Benion, 2015). The fact that the practice of solitary confinement is still so common shows just how perverse our justice system is. The practice is an obvious human rights violation against hundreds of thousands of youth in the US. The practice should be banned immediately. The original goal of juvenile justice systems was to separate from adult prisons while operating as a reform school for young delinquents.
Information gathered from the Office of Juvenile Justice and Delinquency Prevention (2013), shows that white, non-Hispanic youth account for the majority youth populations in 46 states. However, studies show that minority groups of juveniles are more likely to be arrested than their white counterparts; specifically, 1 in 3 black children and 1 in 6 Hispanic boys who are born in 2001 have a high risk of being imprisoned during their lifetime (Children’s Defense Funds, 2007). They receive a harsher treatment than their white counterparts. They’re more likely to be formally charged, received longer sentences, are detained pending trial, and placed in correctional facilities instead of a group home or rehabilitative center ( Annie E. Cassey Foundation, 2011). Thus, creating a mounting disadvantage for colored youth. This is problematic because it is targeting a group of children that already face many hardships growing up. They are ultimately deprived of opportunities to make any positive changes in their lives; chances of becoming a contributing citizen to society diminish substantially.
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