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The Two Faces of Juvenile Justice: Judge Steven Teske

juvenile-justice-system_masks-of-drama-and-comedyDuring my 12 years on the bench, a few of my law enforcement friends have asked me why I take — in their perspective — a “soft” approach with kids coming before me.
“Judge, you don’t see them on the streets when we deal with them,” they say.  “You see them in court with a smile and looking good.”
The question of my apparent naive approach to kids is valid — from their perspective of course.
For example, I recall this one kid four years ago. He was 15 years old and his name was Kenny. He personified the kids my friends described — angry, disrespectful, and defiant.
Imagine dealing with many Kennys every day. It is frustrating for police. I understand their criticism of my decisions. They serve on the front-end of the criminal justice system. They place their lives on the line every day.
Take for instance the kid who runs from a stolen car, the police give chase, and upon catching up, he resists and has to be wrestled to the ground. They both get scrapes and maybe torn clothes. Despite his admission to fleeing from and resisting the officer, the kid complains of police brutality.
I used to be one of those officers on the ground. I assure you, there is no failsafe method of cuffing a resisting person without getting scrapes, maybe some cuts, bruises and torn clothing. In fact, when you hit the ground, it’s a free-for-all and the training goes out the door. You do whatever it will take to get home that evening to your family — even if it means scraping, cutting, bruising and tearing clothes. There is a saying among peace officers: “I'd rather be tried by 12 of my peers than carried by 6 of my friends.”
[Click "Read More" to see the rest of Kenny's story ...]

Teens and Children Twice as Likely to Falsely Confess to Crimes When Questioned

juvenile-justice-system_teen-with-head-in-her-handsThe requirement that law enforcement must issue Miranda warnings to suspects in custody prior to interrogating them is well-understood and ingrained in our culture. The question of when a suspect is in custody, however, is less straightforward. 
On June 16, 2011, the U.S. Supreme Court issued a decision in the case of J.D.B. v. North Carolina, holding that law enforcement must consider a suspect’s age in the Miranda custody calculus. As was the reality in almost 20% of its cases this term, the court was split 5-4. The majority, led by Justice Sotomayor saw no reason to ignore the “commonsense reality” that children may feel bound to submit to police questioning when an adult would not. Justice Alito’s dissent was guided by the principle that law enforcement needs the clarity of a bright line rule.  
The majority and dissent did agree on one important point: juveniles are significantly more likely than adults to succumb to the intense pressure of custodial interrogations by making involuntary and false confessions. 
Indeed, Justice Sotomayor noted “the heightened risk of false confessions from youth,” while Justice Alito would “not dispute that many suspects who are under 18 will be more susceptible to police pressure than the average adult.” For a court that so rarely agrees on anything, the recognition that custodial interrogation can cause juveniles to confess at an increased rate should not be overlooked.
Custodial interrogation is a systematic, intense process designed to persuade the accused that it would be in their best interest to confess. The process can be so powerful that, even when the police use these tactics on innocent suspects, it may result in a confession. Studies demonstrate that false confessions play a role in anywhere from 15-25% of wrongful convictions. When parsing the date more closely, it is revealed that false confessions are almost twice as likely when the wrongfully convicted was a teenager or child. 

School Superintendent to Governor: Please Make My School a Prison

juvenile-justice_Nathan-BootzNathan Bootz (shown at right), superintendent of Ithaca Public Schools in Michigan, has written a public letter to Governor Rick Snyder, requesting that his school be classified as a prison. 
Why? Check out his provocative letter (reprinted with his permission):

Dear Governor Snyder,
In these tough economic times, schools are hurting. And yes, everyone in Michigan is hurting right now financially, but why aren’t we protecting schools? Schools are the one place on Earth that people look to to “fix” what is wrong with society by educating our youth and preparing them to take on the issues that society has created.
One solution I believe we must do is take a look at our corrections system in Michigan. We rank nationally at the top in the number of people we incarcerate. We also spend the most money per prisoner annually than any other state in the union. Now, I like to be at the top of lists, but this is one ranking that I don’t believe Michigan wants to be on top of.
Consider the life of a Michigan prisoner. They get three square meals a day. Access to free health care. Internet. Cable television. Access to a library. A weight room. Computer lab. They can earn a degree. A roof over their heads. Clothing. Everything we just listed we DO NOT provide to our school children.
This is why I’m proposing to make my school a prison. The State of Michigan spends annually somewhere between $30,000 and $40,000 per prisoner, yet we are struggling to provide schools with $7,000 per student. I guess we need to treat our students like they are prisoners, with equal funding. Please give my students three meals a day. Please give my children access to free health care. Please provide my school district Internet access and computers. Please put books in my library. Please give my students a weight room so we can be big and strong. We provide all of these things to prisoners because they have constitutional rights. What about the rights of youth, our future?!
Please provide for my students in my school district the same way we provide for a prisoner. It’s the least we can do to prepare our students for the future...by giving our schools the resources necessary to keep our students OUT of prison.
Respectfully submitted,
Nathan Bootz
Superintendent
Ithaca Public Schools

 
What I hope Governor Snyder will take away from this is not the false idea that prisoners have a soft life, or that the resources that go to them should be taken away and given to school children; instead, I hope he is able to find ways to act on the principle that providing adequate investments in education and prevention go a long way toward preventing delinquency and crime. 
(Hat tip: sparkaction.org.)

(Shrinking) Federal Investments in Juvenile Justice Make a Difference -- and How You Can Help

juvenile-justice-reform_Uncle-SamFederal funding for juvenile justice has been critical in shaping juvenile justice policy and advancing juvenile justice reform in accord with the Juvenile Justice and Delinquency Prevention Act.
And anyone working in the field of juvenile justice knows that federal funds have been cut in the last few years. But it wasn't until I saw "Safeguarding the Future: Strategic Investments to Secure the Safety of America’s Youth, Families and Communities," a new 4-page publication from the Coalition for Juvenile Justice (CJJ), that I realized just how deeply federal assistance had been slashed:

Since FY 2002, federal investments in programs that prevent and reduce delinquency have decreased by 50%. Over that same period, federal spending on policing, prosecution and incarceration has increased by more than 60%.

Unsurprisingly, states are feeling the effects, particularly in a time when local resources are scarce to make up the difference. CJJ points out that it's critical to invest in programs that address and prevent delinquency, and that doing so pays off later on. In fact, CJJ puts a number on it:

Senate Passes Bill That Strips Confirmation Requirement for Juvenile Justice, Child Welfare Jobs

juvenile-justice-system_U.S.-Capitol-BuildingThe Senate passed by a 79-20 margin [on June 29] the Presidential Appointment Efficiency and Streamlining Act of 2011, which would remove the Senate confirmation requirement for hundreds of executive branch positions, including two of the top federal jobs related to child welfare and juvenile justice.
S. 679 was never referred out of the Committee on Homeland Security and Governmental Affairs. The bill was introduced in late March by a bipartisan group of senators and blessed with the support of both Majority Leader Harry Reid (D-Nev.) and Minority Leader Mitch McConnell (R-Ky.).
Chief among the youth-related positions affected by the bill are Administrator of the Office of Juvenile Justice and Delinquency Prevention (OJJDP), an agency within the Office of Justice Programs at the Department of Justice, and Commissioner of the Administration for Children, Youth and Families (ACYF), which is part of the Administration for Children and Families at the Department of Health and Human Services.

Georgia’s Juvenile Judges Face Uncertain Situation as Compact Expires: "Nobody Knows What's Going to Happen"

juvenile-justice-system_bridge-to-nowhereBeginning July 1, Georgia’s juvenile court judges will face a new, unprecedented set of challenges.  That’s the first day Georgia will no longer operate under an agreement that allows for the transfer of delinquent juveniles and runaways between the states.
Georgia is the only state in the nation that has not already adopted or is not set to adopt the Interstate Compact for Juveniles (ICJ), an update of a previous compact established in 1955.  Currently, Georgia functions under the 1955 compact.  The Interstate Commission for Juveniles, the governing body of the ICJ, gave Georgia three extensions to pass legislation so the state could enter the new compact (in 2008, 2009 and 2010).  Since the Legislature failed to enact the needed legislation in 2011, Georgia will not be given any more extensions, officials at the compact say.
The compact provides a framework that allows the seamless transition of juveniles from one state to another.  Without the compact, Georgia’s juvenile judges are left “scratching their heads,” Judge Mary Carden, a juvenile judge in the state, said.  “Nobody knows what’s going to happen.”

Recommendations from High School Teens Shape Community Justice Center in Brooklyn

positive-youth-development_figures-in-graffittiOn June 9th, I got to watch as the members of the Center for Court Innovation’s Youth Justice Board – all high school students -- presented their final report, titled Looking Forward: Youth Perspectives on Reducing Juvenile Crime in Brownsville and Beyond, recommending strategies for reducing youth crime in Brownsville, Brooklyn, to an audience that included Brownsville community leaders and residents, juvenile justice system stakeholders, and friends and family.
The Youth Justice Board is an afterschool program that brings together high school-aged youth from across New York City interested in working on a policy issue that affects them and their peers.
 
Members of the Board work in two-year cycles, spending their first year building relationships with organizations and individuals working on similar topics while gathering information for their  recommendations. In the second year, these relationships can become true partnerships, allowing the Board to create and implement projects that, with the support of the partnering agency, will be that much more effective.
 
Last program cycle, for example, the Board studied the juvenile justice system in New York City. During the first year, one of the Board’s recommendations was that youth and their families needed more information about how the juvenile justice system works.

Gordon Bazemore: How to Tell if Your Community is Really Doing Restorative Justice (Video)

juvenile-justice-system-Dr.-Gordon-BazemoreWhat's one of the biggest drivers pushing kids into the juvenile justice system these days? Schools.
Schools often suspend or expel youth who misbehave, ostensibly to maintain order. Unfortunately, an analysis of 30 years of data on middle school expulsions and suspensions issued last year by the Southern Poverty Law Center found that the sanctions were unfair and ineffective.
So what can be done? For one thing, schools can partner with juvenile courts to reduce the number of unnecessary referrals to juvenile court (follow the link for a great 2010 presentation for the Connecticut Juvenile Justice Alliance given by Judges Steven Teske and Brian Huff on how they accomplished this in their jurisdictions).
But restorative justice offers another useful solution. Recent research done on a few schools in the U.S., Britain, and Canada suggests that adopting restorative justice techniques in the classroom can reduce suspensions and expulsions significantly. 

Karen Pittman: Kids Need Caring Adults (Video)

positive-youth-development_Karen-Pittman
Karen Pittman (left), President and CEO of the Forum for Youth Investment, has a saying about working with teens that's worth repeating: "Problem-free is not fully prepared."
How does that apply to teens in the alcohol and drug treatment, or kids in the juvenile justice system?
Focusing just on helping teens get sober or crime-free isn't enough. Like other teens, they have developmental needs they need to meet to be successful. They need support and opportunities to grow their social skills, emotional skills, navigational skills ... competencies that are key to growing up and becoming contributing adults. 
How do young people build those skills? They need to be connected with caring adults, in places where they can practice those skills with appropriate feedback.
The trouble is, as Ms. Pittman explained in a brief video interview (see below) that we did with her at the Reclaiming Futures Leadership Institute in May, most efforts to help kids succeed are focused primarily on educational and vocational skills. These are critical, but the trick is to find the caring adults and the places where teens can build and practice those "soft" skills. 
Check out what she has to say:

UPDATE: Teens Are Still a Priority in SAMHSA Block Grants for Treatment

adolescent-substance-abuse-treatment_thank-youGood news! A few weeks ago, I asked you to submit comments to the Substance Abuse and Mental Health Services Administration (SAMHSA) in support of including adolescents in the state block grant guidelines for substance abuse treatment and mental health treatment.
(If you recall, SAMHSA had specified youth as a priority population. We were concerned, based on early comments, that they might be removed from the final guidelines. So far, that hasn't happened.)
It turns out all of those comments made a difference: according to the Federal Register:

772 comments from 522 individuals or organizations were received. The comments were (1) Supportive of the changes proposed to the FY 2012–2013 Block Grant Application, (2) requested clarification regarding certain areas or (3) requested specific changes to the Block Grant Application.

Among the items that SAMHSA received comments on, one of the most common was:

Commending SAMHSA on including adolescents as a target group that States can include in their needs assessment and State Plan.

So, great work! However, from what I hear, the process of finalizing the guidelines is still fluid, so SAMHSA may ask for comments. Stay tuned!

Summer Symposium on Mentoring Research at PSU: "Ted Talks" Format for Mentoring Juvenile Justice/Child Welfare Youth

positive-youth-development_kids-soaring-off-rocks-sunset[Interested in what researchers have to say about mentoring young people who have had contact with the juvenile justice and foster care systems?
The Center for Interdisciplinary Mentoring Research at Portland State University (PSU) has invited, the author wrote me, "not one, not six, but 12 researchers to give back-to-back presentations in a "Ted Talks" format ... all on mentoring young people." That's what I call a mentoring lollapalooza! Read on for details. -Ed.]
 

The Portland State University (PSU) Center for Interdisciplinary Mentoring Research is proud to present the Summer Symposium on Mentoring Research. This special one-day symposium is for a national audience of professionals from youth mentoring programs or working in the fields of child welfare, juvenile justice, mental health, and education. Throughout the day, distinguished researchers will give short, substantive talks highlighting their most important and intriguing findings. It will be a fast-paced, stimulating presentation of thought-provoking topics and trends in youth mentoring. Attendees will have opportunities to discuss these themes and to network with colleagues.

Why Police Need to Better Understand Trauma and PTSD [Post Traumatic Stress Disorder]

juvenile-justice-system_police-carThe girl is maybe 15 years old. She is standing in the back of a building, or maybe it’s an alley way.  She has her arms wrapped around her body and her teeth are chattering.  When the officer approaches and tells her to leave the alley way she shakes her head and refuses.  The officer moves in closer and reiterates his order to leave. Suddenly the girl is lunging at him, screaming, “Don’t touch me! Don’t touch me! Get away from me!”  She is pushing her hands out at him, then pointing her finger at the officer, ordering him to keep his distance. We hear the officer say, “Whoa, hold on there. You listen to me young lady, I’ll arrest your ass if you don’t settle down. You want that? You want to go to jail?”
Officers watching this scene unfold during Strategies for Youth trainings often express their discomfort by laughing at the girl’s sudden, and seemingly unprovoked transformation into an accuser.  “She’s acting like my wife,” one will say and the ensuing chuckles help dissolve the tension in the classroom.
When asked to proffer a diagnosis of what mental health problem the girl is experiencing, the male officers typically call out, “Psychotic,” “Schizophrenic,”  “Bipolar,” or they just shake their heads.   When asked, what they would  do with a girl behaving like this, most officers express the belief that they would arrest her for disorderly conduct, at the very least.
If there are any women officers in the room, they generally won’t volunteer their diagnosis. But when asked, they’ll uniformly say, “She has PTSD [post traumatic stress disorder]” or they’ll speculate, “The girl’s probably been raped.”

Crimesolutions.gov: Programs that Work for Juveniles & Adults in the Justice System, and Crime Victims

juvenile-justice-system_crime-solutions.gov-logoLooking for a credible source of information about what programs work for teens in the juvenile justice system, adults in the criminal justice system, or for crime victims?
Your search just got a little easier. Today, the Office of Justice Programs at the U.S. Department of Justice launched a new website, www.crimesolutions.gov,designed to be a "one-stop shop for programs that work in criminal justice, juvenile justice and crime victim services."
According to the OJP press release, the site "includes information on more than 150 justice-related programs and assigns "evidence ratings – effective, promising, or no effects — to indicate whether there is evidence from research that a program achieves its goals." And its searchable database includes programs for "corrections, courts, crime prevention, substance abuse, juveniles, law enforcement, technology and forensics, and victims."
The juvenile section of the site is divided into four categories:

  • Child Protection/Health
  • Children Exposed to Violence
  • Delinquency Prevention
  • Risk and Protective Factors

Looking for substance treatments for youth in the juvenile justice system? Check under "Child Protection/Health.
Besides dividing program results into "effective," "promising," and "no effect," you'll also see common -- and interesting -- questions, linked to answers.
My favorite was, "What is the national juvenile recidividism rate?" I've been in the field long enough now that it's been years since I've wondered (not seeing the forest for the trees). So I clicked on the answer and learned that there is no official national statistic for juvenile recidivism, because of the wide variability of juvenile justice systems from state to state.

Infographic: Why Treating Teens for Substance Abuse Issues Matters

Does it really matter if we screen and assess teens for alcohol and drug problems?  Most adults, after all, started experimenting with alcohol or other drugs before they turned 21 -- and if they didn't, they almost certainly knew a lot of kids who did. And most of them (though not all) survived into adulthood.
So what's the big deal if we turn a blind eye to identify teen drinking or drugging?  Federally-funded research shows why it's a big deal from a public health standpoint:
 adolescent-substance-abuse-treatment_abuse-peaks-at-20-years
(Click the image for a larger view.) It's taken from an excellent presentation, "Characteristics, Needs and Strengths of Substance Using Youth by Level of Involvement in the Juvenile Justice System," given by Dr. Michael Dennis, Senior Research Psychologist at Chestnut Health Systems, at the Reclaiming Futures Leadership Institute held in Miami last month. I'll be posting more slides from his presentation soon - stay tuned!
Here's Dr. Dennis' notes on the slide (emphasis added):
This figure shows ... the prevalence of these past year substance use and problems in the height of the graph by age along the bottom.
1- Substance use disorders typically [surface] during adolescence and young adulthood. In fact, 90% of all adults with dependence started using under the age of 18, half under the age of 15. Moreover, 90% met criteria for abuse or dependence by age 20 – thus it is primarily an adolescent onset disorder.
2- After several decades, the rates of abuse and dependence do decrease as people go into remission, incarceration or die. Epidemiological studies of people with lifetime substance dependence suggest that 58% eventually enter sustained recovery (i.e., no symptoms for the past year) -- a rate that is considerably better than the 39% average rate of recovery across psychiatric disorders (Kessler, 1994; see also Dawson, 1996; Robins & Regier, 1991).
3 – Notice how the rates of no use go up with age.
 
One caveat: remember that most youth in the juvenile justice system (at intake, detention, or in secure placement) don't have an alcohol and drug disorder -- though many do.  For more information, check out this post: How Prevalent are Substance Abuse and Mental Health Issues in Juvenile Justice? The Answer May Surprise You
Related post: Adolescents: What's the Difference Between Assessing "Risk" and "Need"?
 

Karen Pittman: Helping Teens Beat the Odds Is Not Enough (Video)

Isn't it great when you see a young person beat the odds? You know what I mean -- you'll read a story or see a video about a teen who struggled with drugs, alcohol, and crime, and somehow overcame all of that (and probably more) ... and it just makes you feel fantastic, doesn't it?
Well, it should. But Karen Pittman, CEO and Founder of the Forum for Youth Investment, has an even more inspiring idea, which she shared in an interview at the Reclaiming Futures Leadership Institute held in Miami in May:
 

 
You can also see Karen's full presentation at the Reclaiming Futures Leadership Institute here. 

Dr. Jeffrey Butts on Positive Youth Development in Juvenile Justice (Video Interview)

Positive youth development is a key part of Reclaiming Futures. But what the heck is "positive youth development?" According to juvenile justice researcher Dr. Jeffrey Butts, it blends what we know about adolescent development and what we know about effective services.
But don't take it from me -- here's a brief interview on the subject that I did with Dr. Butts at the Reclaiming Futures Leadership Institute held in Miami in May:

 
Bonus: here's how to implement positive youth development in the juvenile justice system.
 

The Supreme Court Updates Miranda Warnings for Teens; Plus Six Conferences and 40 Years of Drug War: a Roundup

This week, I've got a monster roundup of news, grant opportunities, and conferences related to the juvenile justice system and (a little) about adolescent substance abuse treatment and behavioral healthcare for kids. Here goes:

  • Reclaiming Futures Nassau County: Football Star Andrew Quarless Speaks to Juvenile Drug Court Graduates
  • U.S. Supreme Court Says Age Matters When it Comes to Miranda Warnings
    Miranda warnings must be given by police when a suspect is being interrogated in a custodial setting. What's considered custody or the degree to which a suspect is being restrained are what matters here: in this case, a 13-year-old in North Carolina was interrogated on school grounds by a police officer about alleged crimes committed off-campus. He was not read his Miranda rights; his lawyers argued that his subsequent confession was therefore inadmissible. North Carolina's Supreme Court said his age wasn't relevant -- arguing, as I understand it, that the youth was not in a custodial situation and could have left. In a 5-4 decision, the U.S. Supreme Court disagreed, writing that, “It is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave.” (Hat tips to the Juvenile Law Center and the National Juvenile Justice Network.)

Learning the Real Meaning of Being Tough in Juvenile Detention

juvenile-justice-system_acornAt age 17, I was found guilty of three felonies and, in addition to this, tried as an adult in Idaho. Without having gone into the juvenile justice system I would be in prison or dead.
I spent time in a number of adult and juvenile facilities in the state. With experience in both adult corrections and juvenile corrections, I can tell you a few things that affected me throughout my incarceration.
To be honest, the adult side of corrections was much easier to handle in a number of different ways. In the Ada County Jail, in western Idaho, I was put in a single cell and was in the highest security part of the facility. My days were spent reading books, sleeping, watching TV, having one hour of exercise a day in a concrete courtyard and talking to other inmates, figuring out how to be a better criminal.
It came as a big shock when I was finally placed in the Juvenile Corrections Center, in St. Anthony, in eastern Idaho. I wasn’t allowed to sleep all day and my days were structured with school, chores, physical fitness and counseling. Instead of the jailers catching me for things that were against the rules my peers were the ones holding me accountable. At first, I resented my peers for this because in jail this was considered “snitching” and if you snitched you would be beaten up.

UPDATE: OJJDP Second Chance Act Grants and June 27 Webinar for Applicants

juvenile-reentry_handwritten-note-I-want-a-second-chance[NOTE: The date and time of the webinar have been changed to June 27th at 2 p.m. EST. -Ed.]
Via the National Reentry Resource Center:

The U.S. Department of Justice’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) recently released the solicitation for Second Chance Act grant applications to state and local governments and federally recognized Indian tribes for juvenile reentry planning and demonstration projects (Section 101 of Public Law 110-199). This funding is available to help jurisdictions plan and implement programs and strategies to reduce recidivism and ensure safe and successful reentry of juveniles released from prisons, jails, and juvenile detention facilities back to the community.
The deadline for submitting an application is July 11, 2011 at 11:59 p.m. ET.
To download the solicitation, click here
To help potential applicants respond to this solicitation, the National Reentry Resource Center will hold a free webinar on Monday, June 20th at 3:00 p.m. ET. June 27th at 2:00 p.m. EST. Representatives from OJJDP will explain the details of the solicitation and answer questions from applicants. To register for the webinar, click here.

Teens Face More Consequences from Sexting than Congressmen Do

juvenile-justice-reform_cell-phoneU.S. Rep. Anthony Weiner may not have broken any laws by texting lewd photos of himself to younger women he didn’t know.
In many states, however, teens who send pictures of themselves to their own girlfriends or boyfriends can be prosecuted for child pornography.
Allyson Pereira calls that hypocrisy. She should know. She’s spent six years dealing with the consequences of “sexting” one topless image of herself to an ex-boyfriend.
Allyson was 15 at the time, and the boy said he’d date her again if she’d send him the photo. But he was playing her. According to Allyson, he sent the private image to his entire contact list.
For the next three years at Wallkill Valley Regional High School in northern New Jersey, she was bullied and ostracized. Paint cans were thrown in her family’s pool. A tire was rolled down their driveway, smashing a glass door to the house.
“It’s actually made me stronger,” she said in an interview last with Juvenile Justice Information Exchange, “but there were times when I really was suicidal. If it hadn’t been for my family and one or two friends, I wouldn’t be here today.”
“I can’t even tell you what it was like to live with that,” her mother says. “These kids can be so cruel to each other.”
But Allyson and her family were afraid to report the situation to police because Allyson could have been prosecuted for sending child pornography — of herself.

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