Betraying the Young

Punitiveness toward juveniles is part of the“get tough” approach since the 1980s

Almost entirely targets poor/minority kids

Note: middle class kids usually get private (for pay) treatment because their families have health insurance and other resources for dealing with problems.

Betraying the Young

Amnesty International Report

Introduction: Basic Issues

1. In the Juvenile system:

- abuse by staff is common - no recourse - isolation is routine - lack of education and mental health services

Betraying the Young

2. Juveniles in the adult system:

Jails - victimized by adults, usually nofacilities for children (school, exercise,

etc.)

Prisons - abuse, isolation, lack of education and mental health services

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3. Death Penalty for juveniles:

Only 6 countries allow dp for juvsOnly 3 have carried out exec since 1995All are repressive regimes! (except US?)

(US Supreme Court recently banned executionof juveniles, largely in response to international developing standards.)

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4. Some abuses violate laws, others are promoted by laws!

Juveniles can be “detained” for things that are not even crimes if done by adults!

-- “status offenses”

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International Human Rights

Int Law sets minimum HR standards.

Americans helped formulate HR laws but US govt refuses to adopt many of them.

“States rights” is usually the excuse - “Federalism”

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The Juvenile System(excessive use of incarceration)

Incarceration can cause permanent damage to juvs - but often done mindlessly - because it is “deserved” - no thought about long-term consequences

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Why excessive use of incarceration?

- Punitiveness toward poor, minorities- Lack of community programs- Lack of mental health services

Public funding is the main problem

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Effects of excessive incarceration

- Physical abuse of kids - use of force and restraints (shackles, etc.).

- Untreated mental illness- No accountability by staff

Often a cheap operation with lowpaid staff

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Isolation (Solitary Confinement)

Int Law defines juv isolation as torture-- as child abuse!

Widely used in US juvenile facilities for both routine control and punishment

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Inadequate Mental Health Services

Teens have developmental issues

Problems are routinely punished rather than treated

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Juvs in the Adult System

Growing trend - waiver to adult courtUsually no special programs for juvs

Many unacknowledged problems

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Lack of Separation from adults --> sexual and physical abuse by adults

Increasingly harsh sentences, including life sentences - violates international law

Failure to specify minimum age for waiver - violates international law

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Jail before trial - often for months – most jails have no special facilities for kids (education, exercise, counseling, etc.)

Mindless incarceration leads to permanent damage and often continuing trouble into adulthood - some of the most violent adult offenders are grads of the juv processes.

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The DP for juveniles

Violation of international law

Finally banned by the Supreme Court in 2005

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Discrimination - gender and race

Gender - prisons traditionally male, little attention to needs of females, esp. juvs.

Race - discrim at every stage of system

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AI Recommendations - a good start ....

Ratify and abide by international standards

Use juvenile incarceration only as a last resort

Monitor conditions and stop abuses of kids