Page 1 of the AMERICAN
Transcription
Page 1 of the AMERICAN
� � � �� � � � � � � � � �� �� � � � � � � � � � � � � �������������������������������������������������������������������� �� �� �� �� �� �� �� �� �� �� �� �� ������������������������������������������� ������������������������������������� ���������������������� ������������������������ �� �� �� �� ���������������� ��������������� ����������������������� ������������������ ������������� �������� ��������� ��������������� – –> what this is: I N T R O DU C T I O N . We are twenty-three high school students from northern California. This summer, we spent eight days investigating a civil liberties topic of our choice: the juvenile justice system. The purpose of this trip was to educate ourselves about the realities, challenges, and impacts of the juvenile justice system. We visited over 20 organizations and individuals in the areas of research, judicial system, prevention, probation, rehabilitation, incarceration, community organizing, and more. We traveled from San Francisco and the East Bay to Sacramento and Sloughhouse, down to Los Angeles, Chino, and Long Beach, and back through Santa Cruz and San Jose. We are now using what we learned to educate our peers in classrooms and communities throughout northern California. Following is a record of our reflections and impressions about our investigation. fig. i. No two fingerprints are exactly alike. – –> what this is: I N T R O DU C T I O N . We are twenty-three high school students from northern California. This summer, we spent eight days investigating a civil liberties topic of our choice: the juvenile justice system. The purpose of this trip was to educate ourselves about the realities, challenges, and impacts of the juvenile justice system. We visited over 20 organizations and individuals in the areas of research, judicial system, prevention, probation, rehabilitation, incarceration, community organizing, and more. We traveled from San Francisco and the East Bay to Sacramento and Sloughhouse, down to Los Angeles, Chino, and Long Beach, and back through Santa Cruz and San Jose. We are now using what we learned to educate our peers in classrooms and communities throughout northern California. Following is a record of our reflections and impressions about our investigation. fig. i. No two fingerprints are exactly alike. PA RT I C I PA N T S . – –> who we are: Riley Evans (Davis HS, Davis/UC-Santa Cruz), Chris Morales (Saint Ignatius HS, San Francisco), Kiran Savage-Sangwan (Davis HS, Davis), Douglas Jordan (Piedmont HS, Piedmont), Darwin Fu (Mission San José HS, Fremont), Tynan Kelly (Carlmont HS, Belmont/University of Chicago), Samantha Johnson (Sacramento HS, Sacramento), Karthik Chandran (Lynbrook HS, San Jose). SECOND ROW: Danielle Silk (ACLU-NC Youth Advocate), Lindsay Waggerman (ACLU-NC Youth Advocate), Brianda Castro (Gateway HS, San Francisco), Dinah Handel (El Cerrito HS, El Cerrito), William Tian (Lowell HS, San Francisco/UC Berkeley), Brittany Davis (Leadership HS, San Francisco), Kimberly Acevedo (Leadership HS, San Francisco), Silvia Wu (Lowell HS, San Francisco), Awndrea Lee (Encinal HS, Alameda), Ryan Chan (Lowell HS, San Francisco). BOTTOM ROW: Eveline Chang (Director, ACLU-NC Howard A. Friedman Project), Sarah Jo (Irvington HS, Fremont/San Francisco State University), Dominique Massey (Encinal HS, Alameda), Nubia Vargas (Oceana HS, Pacifica), Constance Lollis (Richmond HS, Richmond), Danielle Smith (Lowell HS, San Francisco), Susana Inda (Piedmont Hills HS, San José), Yael Franco (Davis HS, Davis), Bryant Tan (Chaperone, ACLU-NC Board Member & Friedman Project alum), Aaron Leonard (ACLU-NC Friedman Fellow) TOP ROW (L-R): – –> who we met: EDITORS: National Council on Crime & Delinquency; Haywood Burns Institute; Critical Resistance; Alameda County Juvenile Court; Books Not Bars at the Ella Baker Center for Human Rights; San Francisco Probation Department; Center for Young Women’s Development; Center for Juvenile & Criminal Justice; Coleman Advocates’ Youth Justice Project; Marin Youth Court; Marin Juvenile Drug Court; Marin Juvenile Hall; ACLU Legislative Office; Crime Victims United; Americans for Freedom in West Sacramento; Sacramento County Boys Ranch; Youth Justice Coalition; Homies Unidos; Central Juvenile Hall; Homeboy Industries & Homegirl Café; Heman G. Stark Youth Correctional Facility; Boys Republic; Khmer Girls in Action; Santa Cruz Probation Office; Barrios Unidos; San Jose Mayor’s Gang Prevention Task Force; Murder Victims’ Families for Reconciliation; The Beat Within. PHOTOGRAPHY: Karthik Chandran, Eveline Chang, Yael Franco, Samantha Johnson, Danielle Silk, Bryant Tan. Karthik Chandran, Eveline Chang, Yael Franco, Darwin Fu, Dinah Handel, Sarah Jo, Samantha Johnson, Aaron Leonard, Dominique Massey, Chris Morales, Kiran Savage-Sangwan, Danielle Smith, William Tian, Sylvia Wen-Qian Wu. CONCEPT, DESIGN & PRODUCTION: Chen Design Associates. kiran savage-sangwan justice One word, so many meanings But where is the justice in juvenile justice? Where is the justice in punishment? Punishment is not a cure, a solution, or a right for a wrong It is an additional injury To one, to all, to our communities. A community is like a ball of yarn, Every piece intertwined and indispensable It has its tangles, its twists, and its snares But cutting out pieces doesn’t untie the knots It just leaves loose ends, Open invitations for new knots. A child in jail Is a piece of our community in confinement A hope, a dream, and a future Locked away, behind bars, lost to the system. And for what? When did an addiction become a crime? How does leaving a home of abuse and violence make a child into a delinquent? When did a life of poverty become a danger to public safety? Instead of addressing society’s maladies We imprison those who exhibit the symptoms Without even knowing what imprisonment means or what it does To those who we have made victims of the system The system we call justice. | age 17 DAY ONE Monday August 1ST OAKLAND (a) (b) fig. 01. Example of permanence: print (a) taken in 1993, and again (b) in 2003. THE NATIONAL COUNCIL ON CRIME & DELINQUENCY (NCCD) www.nccd-crc.org The NCCD is the oldest criminal justice research organization in the United States. It conducts research, supports community-based rehabilitation, and advocates for fair legislation that addresses underlying issues of juvenile crime and delinquency such as lack of education and family support, employment opportunities, and economic security. We met with NCCD President Barry Krisberg to hear about his recent research on conditions in the California Youth Authority (CYA) and the impact of harsher sentencing on youth. HAYWOOD W. BURNS INSTITUTE (BI) www.burnsinstitute.org Haywood W. Burns Institute (BI), San Francisco, works to eliminate the overrepresentation of youth of color in the juvenile system across the country. In addition to advocacy and research, the Burns Institute also supports community-based organizations that serve youth of color. Visiting with Executive Director James Bell, we heard how studies show youth of color being treated unfairly at each level of the system, and what BI is doing about it. CRITICAL RESISTANCE (CR) www.criticalresistance.org CR is building a grassroots movement to stop using punishment to “cure” complicated social problems. CR works to end the Prison Industrial Complex by challenging the belief that more police and prisons make our communities safer. Rather, CR teaches that only through providing people with basic necessities and freedoms, can we ensure safety in our communities. We met with Director Rose Braz and Sitara Nieves Kapoor. ALAMEDA COUNTY JUVENILE COURT We visited a courtroom, observed several hearings, and met with Alameda County Commissioner Mark Kliszewski, Public Defender Susan Walsh, and Prosecutor Ursula Dickson, who explained their roles, shared their perspectives and discussed factors in their decision-making process in juvenile cases. BOOKS NOT BARS (BNB) AT THE ELLA BAKER CENTER FOR HUMAN RIGHTS www.booksnotbars.org BNB works to close all of California’s Youth Authority prisons and to redirect the state’s economic resources to schools and other programs for young people. BNB also coordinates a statewide network for parents of incarcerated youth (Families for Books Not Bars), and a youth organizing and leadership development program (Let’s Get Free). We met with organizer Venus Rodriguez. exh. a-1 P. 4 ACLU P. 5 G U I LT Y U N T I L P R OV E N I N N O C E N T ? THE NATIONAL COUNCIL ON CRIME AND DELINQUENCY by tynan kelly | day 01. Oakland 01. August. 2005 HAYWOOD BURNS INSTITUTE by nickey massey | age 16 age 18 It is important to begin any research project by forming a strong foundation of statistics and facts. Our meeting with Barry Krisberg, President of the National Council on Crime and Delinquency (NCCD), did just that. The NCCD conducted an investigation of six California Youth Authority (CYA) facilities and issued a report in 2003, as requested by the California Attorney General following lawsuits filed by the Prison Law Office against the CYA. Their findings were horrible. They found phone booth-size enclosures, or “cages” with desks, used during school for students who were deemed dangerous. “Wards,” the technical term for an incarcerated youth, were often kept in their cells “on lockdown” as much as 23 or 24 hours a day, sometimes for several months. Many wards had undiagnosed mental health issues, with little treatment available (e.g. one psychologist working 20 hours/week at a facility of 600 youth). Restraint chairs were used in place of proper suicide watches, particularly with the girls. These were some of the more horrible acts that took place in CYA youth facilities, but it would be unfair to imply that they were normal and widespread in any prison. Krisberg noted that in the 1970s, the CYA was one of the most progressive juvenile institutions in the country when it was run by trained child welfare staff. Some say it has experienced a steady decline as it has fallen in control of the prison guards’ union and been seriously altered by the public and politicians who focus on punishment, rather than support and rehabilitation. It is hard to tell exactly what is going on in these facilities, but the NCCD did give us an introduction to a few of the many problems we saw during our trip. Img. 01a. National Council on Crime and Delinquency President Barry Krisberg. On a typical day in Peoria, Illinois, dealing with the local juvenile system goes like this... there will be about 11 assaults, 13 stolen property cases, 12 thefts, and 18 bench warnings committed by people under the age of 18. “In Peoria, African American youth are overrepresented in the juvenile justice system. In 2000, African American youth represented 27% of the overall youth population, but 72% of the youth in detention.” While reading this information given to me by researchers and problem solvers with the Burns Institute, I was not flabbergasted about the results. What I was flabbergasted about is that the system is not just messed up for Oakland, San Francisco, Vallejo, Richmond, Los Angeles, Sacramento, New Orleans, Louisiana, Georgia, Mississippi, or any other hot spots for that matter, but it is twisted and twined all over the United States. So I continue to ask myself, why does the system want to see our youth of color down and out? Why do they want to see us in trouble, locked up, not in school, dying, killing each other, getting pregnant, getting AIDS or any other STD, selling drugs, stealing cars, fighting, homeless, in gangs, and the list can go on and on. Is it our communities’ fault? That’s what I ask myself. Is it because minority communities don’t work together? I’m not sure that our communities are to blame. Money that is being used for unnecessary elections and more prisons in California should be transformed to restore our youth and facilitate us to grow to be intelligent, responsible adults. The system, along with our citizens, need to step up to the plate and apprehend that adolescents are going to be adolescents, and we can’t get out of this dirt hole by ourselves. Img. 01b. At the National Council on Crime and Delinquency (NCCD) offices in Oakland. 05 YO U T H S T U D Y D E F. resist: P. (rl̆ -zl̆ st´) v. To oppose actively; to oppose with force. CRITICAL RESISTANCE by ryan chan | 6 a march into hopelessness a reflection on the alameda county juvenile court visit age 17 by karthik chandran Critical Resistance is a national group dedicated to abolishing the Prison Industrial Complex (PIC). They believe imprisonment contributes to the perpetual cycle of crime and leads to increased racism, sexism, and poverty. They have no faith in the prison system as a means of solving our social, economic, and political problems. In fact, Critical Resistance regards the prison system as a complete failure and beyond reform, although they do realize that abolishing the system will be a struggle and will take time. Critical Resistance values public safety; however, they feel the best way to deal with crime is to analyze and address the “root causes.” Since prison has not stopped racism, drug addiction, or poverty, Critical Resistance believes it cannot be expected to reduce crime. The organization strongly believes that social and economic conditions are at fault whenever an individual commits a crime. Consequently, they envision the creation of stronger community-based economic resources, education, and social services. Critical Resistance predicts that crime would decrease dramatically if these alternatives were put in place. However, in my view, Critical Resistance fails to present a concrete plan of action. They seek to abolish the whole prison system, yet in my opinion do not put forth a viable alternative to the status quo. I believe Critical Resistance’s notion that crime will end when active programs and resources are established is a utopian delusion. I don’t think murderers are only affected by social and economic conditions; they may kill for some strange pleasure, to feel powerful and in control. Critical Resistance presents an idealistic system to stop crime before it starts; however, it is incomplete in certain aspects and does not appear to me to be feasible. | age 16 lost. they are trapped in a Battle that is not theirs. on one side, their Saviors the other, those who Pretend to be both of whom would never Understand. they are Detached. hurt. the inevitable victims of bureaucracy and red tape and red blood. they may have done wrong but they, too, are wronged. Ignored. Img. 01c. The group observing hearings at the Alameda County Juvenile Court, Oakland. Img. 01d. Alameda County Commissioner Mark Kliszewski speaking to us before court. ACLU P. 7 day 01. Oakland G U I LT Y U N T I L P R OV E N I N N O C E N T ? 01. August. 2005 “Most people are surprised to find out that teenagers account for only 13% of violent crime — no more than their own percentage of the population. There is a tremendous distortion of the number of young people involved in crime, particularly youth of color. Sometimes, that’s intentional — it sells. But it sells, in part, because it’s out of the ordinary . People invent myths, including professors and academics — the media puts them out there, and the public and politicians pass harsh laws based on these myths.” Barry Krisberg, National Council on Crime and Delinquency CONFUSION by samantha johnson | age 16 Have you ever felt contradiction...? While sitting in a court room listening to the other side And wondering is it really so bad? Hearing a woman who comes from the same ‘hood that These kids are from saying there’s no hope. Hearing CYA is the only option, we have no other choice. Hearing that we as a people believe that some youth cannot be helped. Hearing that you don’t want a trial of your peers When you’re 14, do you? Wondering if you were wrong all along and there really is no hope, Going crazy out of your mind, pondering the infamous question WHY? Have you ever been confused? 05 YO U T H S T U D Y D E F. recidivism: P. (rl̆ -sl̆ d´e-vl̆ z´em) n. A tendency to slip back into a previous behavior pattern. 8 BOOKS NOT BARS by chris morales On the first full day of our trip, we visited the Books Not Bars program at the Ella Baker Center in Oakland. At the Center, we watched a video produced by Books Not Bars, System Failure: Violence, Abuse, and Neglect in the California Youth Authority, that demonstrated to what extent the California Youth Authority (CYA) has failed our society. In the video, family members of several CYA wards explained how their young loved ones often faced violence from both guards and fellow wards equivalent to what inmates in adult prisons face. Interviews with family members, and video clips such as the beating of juvenile wards by guards at the N.A. Chaderjian (“Chad”) youth facility in Stockton, demonstrated how gang-related brawls and day-to-day fighting are accompanied by physical, sexual, and verbal abuse from some of the staff members in the CYA. While no exact figures exist for the rate or magnitude of abuse in the facilities, activists like Books Not Bars organizer, Venus Rodriguez can infer based on personal interviews that this abuse occurs frequently enough to merit the closing of CYA facilities. In addition to learning about the violence that plagues the California Youth Authority, we learned that a disproportionately | age 17 high rate of low-income youth of color are consistently incarcerated. Though the extent of actual racism and classism within “the system” cannot be exactly measured, we know society at large continues to have an unequal socioeconomic structure. The public seems to have bought into the misguided media representation of low-income youth of color as “super predators.” At least in part, the disproportionate rate of incarceration can be blamed on institutionalized racism, institutionalized classism, and poverty. Since our society seemingly predisposes certain members to incarceration, and because the facilities where these youth have to serve time are the sites of extreme violence, I find Books Not Bars’ work to shut down the CYA so necessary. As a solution, Books Not Bars advocates for Missouri state’s model of replacing the huge warehouse-type facilities with smaller, more humane communitybased centers. This type of reform has resulted in dramatically reduced rates of recidivism (re-incarceration) in Missouri, and costs far less than the CYA system. With the abolition of CYA youth prisons as our most immediate goal, we as a society can strive for the greater goal of abolishing the poverty and socioeconomic disparities that contribute to the high rates of youth incarceration. Img. 01e. Venus Rodriguez from Books Not Bars. ACLU P. 9 day 01. Oakland G U I LT Y U N T I L P R OV E N I N N O C E N T ? 01. August. 2005 The Missouri Model MISSOURI’S JUVENILE JUSTICE SYSTEM IS RECOGNIZED ACROSS THE COUNTRY AS A MODEL FOR LOW RECIDIVISM RATES AND POSITIVE OUTCOMES FOR YOUNG OFFENDERS. IN A REFORM EFFORT DURING THE 1980S, MISSOURI SHUT DOWN ITS LARGE PENITENTIARY-STYLE YOUTH FACILITIES AND REPLACED THEM WITH OVER 30 SMALL COMMUNITYBASED CENTERS FOCUSED ON REHABILITATION, MOST WITH LESS THAN 40 OFFENDERS EACH. THE DORMITORY-LIKE CENTERS ARE STAFFED BY TRAINED YOUTH WORKERS AND THERAPISTS THAT CONDUCT INTENSIVE GROUP THERAPY SESSIONS, FAMILY COUNSELING, AND TRANSITION SERVICES, AND MOST YOUTH LIVE WITHIN 50 MILES OF HOME SO THEIR FAMILIES CAN PARTICIPATE IN REHABILITATION EFFORTS. THE STATE ALSO DISTRIBUTES MONEY TO ITS COUNTIES TO DIVERT LESS SERIOUS OFFENDERS TO LOCAL DAY TREATMENT CENTERS. AND THE COST? AT $48,000 PER YOUTH PER YEAR, THE MISSOURI SYSTEM COSTS ABOUT HALF OF WHAT MOST STATES SPEND TO INCARCERATE YOUTH, WITH FAR BETTER RESULTS AND A MORE HUMANE SYSTEM. R E C I D I V I S M R AT E S . CALIFORNIA YOUTH AUTHORITY – –> cya vs. missouri model: according to cjcj & bnb… according to cya itself… according to cjcj & bnb… according to cya… 91 % MISSOURI MODEL 8–11 % 75 % 30 % COSTS PER YEAR. $80,000 – 100,000 $48,000 CALIFORNIA SPENDS: ... $80,000 – 100,000 per youth housed in cya. ... $7,692 per student for education. MISSOURI SPENDS: $7,692 ... $48,000 per youth to house juvenile offenders in small, community-based centers. DAY TWO SAN FRANCISCO & MARIN COUNTY Tuesday August 2ND fig. 02. Traditionally, ground powders of chalk or coal have been used to make fingerprints visible. SAN FRANCISCO JUVENILE PROBATION DEPARTMENT (JPD) The JPD locates, develops, and administers programs for the assessment, education, treatment, appropriate rehabilitation, and effective supervision of youth under the jurisdiction of the Department. We met with Chief Probation Officer Bill Siffermann and Asst. Chief Allen Nance to hear about their plans for reforming probation practices in San Francisco. THE CENTER FOR YOUNG WOMEN’S DEVELOPMENT (CYWD) www.cywd.org The CYWD provides gender-specific, peer-based opportunities for high-risk, low- and no- income young women who have been involved in the juvenile justice system, to build healthier lives and healthier communities. Staff members at CYWD are graduates of CYWD’s own programs. THE CENTER FOR JUVENILE & CRIMINAL JUSTICE (CJCJ) www.cjcj.org The CJCJ promotes criminal justice policies that promote community-based services and programs as alternatives to prisons. In addition to research and legislative work, CJCJ also works directly with youth across the country as they transition from incarceration to mainstream society, and develops model programs as alternatives to traditional incarceration. COLEMAN ADVOCATES YOUTH JUSTICE PROJECT www.colemanadvocates.org The Coleman Advocates Youth Justice Project is a new initiative that engages juvenile justiceinvolved youth per year in leadership development and youth-led advocacy. Young people primarily regarded as “delinquents to be rehabilitated” will develop and advocate for solutions to “reform the systems” that have failed them. We met with Program Associate Robert Trujillo. MARIN COUNTY YOUTH COURT www.youthcourt.net Youth Courts are early intervention options for first-time youth offenders generally referred by local police and probation departments for offenses such as truancy, curfew violations, and minor substance abuse cases. They are not a trial forum for serious or violent offenders. We spoke with Bonnie and John, two youth members of Marin Youth Court. George Pegelow of the Marin County Human Rights Commission explained the principles of restorative justice. MARIN COUNTY JUVENILE DRUG COURT www.co.marin.ca.us/depts/mc/main/juvenile-drug.cfm Marin County Juvenile Drug Court works as a diversion program to provide drug treatment and rehabilitation instead of incarceration. Graduates have their probation terminated and their case records sealed. We met with Judge James Ritchie, District Attorney Ron Rivani, and Ben (a youth who’s been through the court). MARIN JUVENILE HALL Marin Juvenile Hall is a 40-bed facility for youth ages 8-18 on probation or awaiting trial. Services include school, group counseling, career development, Alcoholics Anonymous, yoga, and a full-time mental health worker. We met with Director Steve Blair and toured the public areas of the facility. P. 10 ACLU P. 11 G U I LT Y U N T I L P R OV E N I N N O C E N T ? SAN FRANCISCO JUVENILE PROBATION DEPARTMENT by brianda castro | age 15 San Francisco’s new Chief Probation Officer Bill Siffermann has a plan to reduce the number of youths detained in juvenile hall. He used the same plan when he headed Chicago’s Cook County Probation Department. Hopefully it will work. The plan involves probation officers focusing more on researching the background of the youth and gathering all the information they can to present to the judge before sentencing, to make sure that the disposition (sentence) is tailored to what can best benefit the youth. They hope to build a relationship with the youth similar to that of a mentor, instead of just monitoring the youth. I don’t think this is a bad idea, but what I question is the large number of individuals that are assigned to each probation officer. Currently, there are approximately 45 to 50 youths assigned to each probation officer. Chief Siffermann suggested a goal of 25 to 27 youths per probation officer. I think that it takes time to get to know someone well enough to be able to help them. Having a lot of people to care for limits the amount of attention each individual gets. The intentions of the plan are not bad, but I would suggest revision of the plan with realistic analysis of what is possible and productive. I also think it would be a more effective plan to have a counselor partner up with the probation officer. Img. 02a. On our way in to see San Francisco Chief Probation Officer Bill Siffermann. day 02. San Francisco & Marin County 02. August. 2005 CENTER FOR YOUNG WOMEN’S DEVELOPMENT by yael franco | age 17 The office looks big as twenty-eight of us walk through the door, but soon enough, the purple, lime green, and fuchsia walls and carpets start to disappear into the mass of young people. Melanie, a CYWD program coordinator, greets us and introduces another employee, Stephanie, whom we all recognize from a film we saw the previous night, called Girl Talk. This film followed the lives of three teenage girls over the course of 4 years, and their involvement with San Francisco’s juvenile system. The Center for Young Women’s Development (CYWD) provides job opportunities and support throughout their struggles. I was even further impressed by CYWD’s impact when I met such a strong determined woman who I had seen as a rebellious teenager on a television screen. CYWD provides many different programs to support young women with employment, health education, community-building skills, leadership skills, child care, and sisterhood. The most impressive aspect of CYWD is that they organize young women who are the most marginalized in San Francisco — those who have been homeless, incarcerated, or otherwise severely impacted by poverty — to design and deliver their own programs, based on peer-to-peer education, support, and healing. One of the most valuable programs in my opinion was Sisters Rising. In this holistic employment-training course, participants are paid a living wage and must complete 200 hours of training which address computer skills, life skills, sexual health, substance abuse, job readiness, writing, educational planning, public speaking, and political education. The beauty of the program is that once the young women leave CYWD, they continue to have access to the organization’s resources to ensure that they shift smoothly into higher education or employment. The Center for Young Women’s Development is one of the few community based organizations in San Francisco that is gender based. It is also rare in that it provides the necessities for many young women who are living in high risk situations, have low or no income, or are otherwise denied the resources needed to live healthfully and safely within their communities. CYWD has proven nationally that there can be opportunities and support systems for young women in risk to improve their lives and their futures. 05 YO U T H S T U D Y D E F. juvenile: P. (jo–o´ve-n–l l´) adj. Characteristic of, or suitable for children or young persons. 12 Up to 95 percent of young women and girls caught up in the juvenile justice system report physical or sexual abuse in their histories. Center for Young Women’s Development THROUGH THESE EYES by william tian Through these eyes I see pain and vengeance A heart burning blind With fiery breaths of Mars Img. 02b. Talking with staff at the Center for Young Women’s Development. Through these eyes I see a hand clasping tight Body shaken with grief And tears to flood when the coffin closed When Grief turning crooked Vendetta narrows into a fine point I see through these eyes WE THE YOUTH ARE PUT DOWN, SHUT DOWN, LOCKED UP AT EVERY TURN, BECAUSE WE ARE FEARED. OUR PASSION AND REVOLUTIONARY SPIRIT IS FEARED. William Tian, age 18 As lethal fluid fill his veins And I finally see An emptiness | age 18 ACLU P. 13 G U I LT Y U N T I L P R OV E N I N N O C E N T ? day 02. San Francisco & Marin County 02. August. 2005 MARIN COUNTY JUVENILE HALL by sarah jo Licensed nutritionists planning balanced and healthy meals. Students’ work proudly tacked onto the walls. Cafeteria floors clean and shiny enough to eat off of. Lush green grass and an impressive baseball diamond. If it had not been for the locked door and the sign outside, I would not have believed that this facility was a juvenile hall. I was one among many who were floored during the tour of Marin County’s Juvenile Hall. I’ve never stepped foot inside of a private school institution, but I assume it would look like this place. Even the dark, empty classrooms exuded warmth and safety. How was it possible that this place existed? Our own schools are nowhere near as nice. | age 17 To say that Marin County is privileged would be an understatement. They’re filthy rich. According to the online encyclopedia Wikipedia, Marin County ranks among one of the highest income counties in the nation. Of course, the fact that 84 percent of the population is white should not be ignored. We were able to see firsthand how class and race affected the ways our young people are treated. Meanwhile, the other juvenile hall facility we visited, the County of Los Angeles Central Juvenile Hall, revealed an intense contrast. Overcrowding is a consistent problem, even with their 400+ bed capacity. There is no nutritionist on call. Gang-related violence is an everyday danger, and the facilities are old and dilapidated. The difference between the two juvenile halls is frightening. It screams of deeply rooted economic injustices and how unfair it is to be on the lower income end of society. Visiting Marin County’s juvenile hall brought up mixed emotions, but the main feeling I was able to decipher was the wish that if our society continues to incarcerate our youth, someday the Marin County Juvenile Hall would at least be a standard for all halls in the state of California. Img. 02c. Deputy Director Andrea Shorter of the Center on Juvenile and Criminal Justice. Img. 02d. The group met with youth from Marin Youth Court along with Marin Juvenile Court & Juvenile Hall Staff. DAY THREE Wednesday August 3RD SACRAMENTO AREA fig. 03. Example of bifurcation: the point at which one friction ridge divides into two. ACLU CALIFORNIA LEGISLATIVE OFFICE The American Civil Liberties Union (ACLU) is a national, non-profit, public interest organization that works to defend civil liberties and civil rights. The California Legislative Office lobbies the California State Legislature on behalf of the three California ACLU affiliates, and typically takes positions on approximately 150 bills per year on issues ranging from criminal justice to civil rights, immigrants’ rights, privacy, reproductive rights and freedom of expression. We met with Ken Russell, who discussed how the legislative process works in Sacramento. CRIME VICTIMS UNITED OF CALIFORNIA (CVUC) www.aquahost.com/cvuc/contact.html CVUC uses education and political action to enhance public safety, promote effective crimereduction measures, and strengthen the rights of crime victims. CVUC endorses candidates for public office who share their mission to restore and maintain balance in California’s criminal justice system. We heard from Maggie Elvey and Cindy Islas, who told their stories. AMERICANS FOR FREEDOM IN WEST SACRAMENTO www.freewestsacramento.org Americans for Freedom in West Sacramento are against the recently imposed Gang Injunction in West Sacramento. The injunction deprives free American Citizens of their First Amendment constitutional rights and racially profiles Latino citizens and residents. According to the criteria, just about anyone in town can be given a gang injunction. We met with community organizer Martha García and researcher Jason Anderson, who explained the details and impact of the injunction on the community, and provided a tour of the neighborhood to show us the border of the “safety zone.” Rebecca Sandoval of LULAC (League of United Latin American Citizens) also joined us. THE SACRAMENTO COUNTY BOYS RANCH www.probation.saccounty.net/divisions/page.asp?p=667 The Sacramento County Boys Ranch, Sloughhouse, provides a disposition option for Juvenile Court. The Ranch is a secure 125-bed, 24-hour commitment facility designed for older, more sophisticated male wards with a history of serious or extensive delinquent behavior. The length of stay ranges from 168 days to a maximum of one year. The wards participate in a behavior modification program that utilizes a level system, which rewards positive behavior with increased program privileges. They are held accountable and encouraged to take responsibility for their behavior while respecting the rights of others. Various educational and counseling programs are provided. We met with Asst. Chief Deputy Probation Officer Rodney Finney, and two youth in the facility. exh. c-1 P. 14 ACLU P. 15 G U I LT Y U N T I L P R OV E N I N N O C E N T ? PERHAPS… by silvia wu day 03. Sacramento Area 03. August. 2005 AUTHORITY | age 16 After continuously hearing adamant speeches against the California Youth Authority for days, I was convinced that we should close it and many other prisons down for their inhumane conditions. I was convinced that regardless of the nature of the crime, no youth should be placed in any CYA facilities. Yet after listening to the touching story from Crime Victims United, my determination against CYA began to sway. Crime Victims United was founded in 1992 to protect the rights of crime victims. It endorses local, state, and federal politicians who support the organization’s view of “just punishment.” It also offers support and counseling for victims and their families. We met with two speakers — Maggie and Cindy. Our first speaker’s husband was murdered by two teenagers in his gun shop a few years ago. She craved the death penalty for both of the offenders. She claimed that no one has the right to take another person’s life. But I am puzzled. How can she insist that no one has the right to take another person’s life and still demand the death penalty for the two convicts? How will death help the two bellicose teenagers repent for their sin? While I do agree that those who harm someone else deserve punishment, I also believe rehabilitation is equally important. People must realize their mistakes and the effect on someone’s life because of their mistakes. Mere punishment can not accomplish this because of humanity’s rebellious nature. The only way to encourage repentance is through love, not hatred. Yet, when the second speaker began telling her brother’s story, my position began to sway. Her brother took in an evicted friend, yet the friend killed him. I tried looking for excuses to forgive the murderer for his behavior, but I failed. Someone who fails to repay a good deed can not be forgiven. Someone who murders a friend who helped at a desperate time is nothing but a scoundrel. This thought conflicts with my principles, and I am again puzzled. Perhaps certain crimes can not be forgiven. Perhaps some criminals do deserve punishment, but perhaps there are exceptions. We cannot generalize all cases. Img. 03a. Talking with Crime Victims United outside the Capitol building. by samantha johnson | age 16 On this trip I saw Authority The power, the weakness, the confusion, the deceit, the honesty, the lies, the contradictions I heard phrases as appalling as “You have to dehumanize to be effective” But then you hear people say “Our kids are the future so how can you not work for a change” I hear people say “the juvenile injustice system” and “in the system, it’s up to you to make things work,” but then you hear, “How can you make a choice when you don’t know your opportunities?” In the end I see Authority is lost. Img. 03b. Heading into the State Capitol Building. 05 YO U T H S T U D Y D E F. injunction: P. ( l̆ n-jŭngk´shen) n. A court order enjoining a party from a given course of action. 16 BRODERICK by riley evans About twelve miles east of my hometown lies a low-income, primarily Latino neighborhood in the city of West Sacramento. The neighborhood known as Broderick is under attack: a gang injunction is breathing down the neck of every resident, criminal or innocent. A gang injunction acts like a group restraining order on supposed gang members within a certain area. How most gang injunctions work is that a number of specific criteria are set for what determines a gang member — for example, having tattoos reading 13, 14, Norte or Sur; wearing gang colors or clothing; gathering without necessity in certain areas; and committing gang related crimes. The West Sacramento injunction has eleven vague criteria, and only two have to be met in order to be a “confirmed” gang member — it’s hard to avoid. People in this three-square-mile neighborhood are being labeled as gang members for ridiculous things; for example, if you are wearing red and black and with another person wearing red, both individuals could end up on the injunction’s list of gang members. Furthermore, if one associates or is pictured with a “known gang member,” they can automatically be confirmed as a gang member themselves. age 17 Innocent people who have never committed a crime have been put on the list of “gang members.” After being placed on the list, a person is served with the injunction and therefore has to adhere to a number of restrictions for the rest of their lives, including a curfew from 10 p.m. until sunrise, not being able to associate with anyone else with an injunction including family members, and having sentence enhancements added to any crime committed while on the list. If this person violates any of these restrictions, he/she can be arrested, fined up to $1,000, and subject to six months in jail. In Broderick, there have been six murders in the last seven years, none of them gang related, and the targeted gang, the Broderick Boys, doesn’t exist. A “Broderick Boy” is someone who identifies with the neighborhood they have grown up in, not a gang. The idea of civil liberty has disappeared in this community. When people in Broderick were first labeled as gang members, a protest was held and people were arrested on site for illegally gathering and many more were placed on the list of gang members, as they had now “associated.” However, these restrictions don’t apply outside of the neighborhood. If you have the opportunity and the means to escape all of the restrictions simply by moving out of the neighborhood, wouldn’t you? Hence the potential motive. Many residents in the community see the gang injunctions as a way to push Latinos and poor folks out of the neighborhood. New development has been eyeing Broderick for about a year, and the more people move away, the more houses get bulldozed, the more new houses go up, and the more profits rise. It is obvious that this isn’t about a gang problem; this is a demonstration of how money has outweighed people, in my own county. Img. 03d. After the meeting we toured the areas affected by the gang injunction in West Sacramento. Img. 03c. Martha García of Americans for Freedom in West Sacramento. | ACLU P. 17 G U I LT Y U N T I L P R OV E N I N N O C E N T ? “Friends and family members can no longer go to family barbecues or attend each other’s children’s birthday parties. They can’t go to the movies together, they can’t attend night school because classes get out after the curfew. This injunction harms the quality of life of our community.” Martha Garcia, Americans for a Free West Sacramento day 03. Sacramento Area 03. August. 2005 AC LU F I G H T S W E S T S AC R A M E N T O G A N G INJUNCTION. SINCE FEBRUARY, THE COMMUNITY OF WEST SACRAMENTO HAS LIVED UNDER THE SHADOW OF A SWEEPING GANG INJUNCTION AS PART OF YOLO COUNTY’S CRACKDOWN ON GANG ACTIVITY. THE ACLU OF NORTHERN CALIFORNIA STEPPED IN WHEN IT LEARNED THAT ALL BUT ONE OF THE 300-PLUS ALLEGED GANG MEMBERS TARGETED RECEIVED NO NOTICE OF THE INJUNCTION AND WERE THEREBY UNABLE TO CHALLENGE IT IN COURT. IN JULY 2005, CITING THE LACK OF DUE PROCESS, THE ACLU-NC FILED A MOTION ASKING THE COURT TO SET ASIDE THE SACRAMENTO COUNTY BOYS’ RANCH REFLECTION by douglas jordan | INJUNCTION, WHICH COVERS 80 PERCENT OF THE CITY AND IMPOSES A LIFETIME 10 P.M. CURFEW. age 16 Upon reflection of our meeting with the wards at the Boys’ Ranch in the Sacramento area, I think the biggest flaw in the juvenile justice system today is the lack of preparation for life back on the outside. The two boys we spoke with both seemed to have motivation to obey the law and live a good life. The problem was that in the camp, there seemed to be very little effort put into making sure the boys do well once they get out. At no point are the boys told about the possibility of college. The only jobs that they are told they are able to do are manual labor positions. One of the boys had a two-month-old son whom he needed to feed and support. The system is flawed because it sets the boys up to continuously go around in a never-ending cycle of crime and detention. Img. 03e. Outside the gates of Sacramento County Boys Ranch. DAY FOUR LOS ANGELES Thursday August 4TH fig. 04. Scotland Yard introduced fingerprint identification to Britain in 1901. YOUTH JUSTICE COALITION (YJC) www.socal4youth.org/story.php?story=16 YJC is a youth-led movement to challenge race and class inequities in the Los Angeles County juvenile justice system, working to eventually dismantle a system that has ensured the lock-up of people of color, police brutality and corruption, vast disregard for youth and communities’ constitutional rights, and the build-up of the world’s largest prison system. We met with several folks at YJC to learn about their work, and to learn through role play scenarios what our rights are in interactions with police and in situations of police abuse. HOMIES UNIDOS www.homiesunidos.org Homies Unidos is a community-based gang-prevention organization committed to developing creative alternatives to youth violence and drugs through access to alternative education, leadership development, self esteem building, and health education programs. Homies Unidos’ core focus area has developed from relatively broad-based crisis intervention and a support network for trans-national gang-affected families, into a strategic, action-based program for youth and families in San Salvador, El Salvador, and Los Angeles, California, US. We met with program staff and directors Rocío Santacruz, Gilbert Sanchez, Gilbert Griñie, and Agustín Cervantes to hear about their work. CENTRAL JUVENILE HALL Approximately 2,000 to 2,200 Los Angeles County juvenile defendants are held in custody at one of three Juvenile Halls (Central, Los Padrinos and San Fernando Valley/Barry J. Nidorf) awaiting court action or transfer to another facility. Central Juvenile Hall has a Board of Corrections rated capacity of 420 beds. We were hosted by Assistant Superintendent Daniel Aceves, and had an opportunity to sit in on court proceedings and see the “low-risk” areas of the Hall. HOMEBOY INDUSTRIES & HOMEGIRL CAFÉ www.homeboyindustries.org Homeboy Industries’ mission is to assist at-risk and former gang involved youth to become contributing members of our community through a variety of services in response to their multiple needs. Free programs — including counseling, education, tattoo removal, job training and job placement — enable young people to redirect their lives and provide them with hope for their futures. Homeboy Industries’ entrepreneurial business programs include a silkscreen company, bakery, landscaping and maintenance, and Homegirl Café and Catering. We met with Gabriel Hinojo, who told us his story and gave us a tour; then we had dinner at Homegirl Café. HEMAN G. STARK CALIFORNIA YOUTH CORRECTIONAL FACILITY (HGSYCF) Heman G. Stark California Youth Correctional Facility (HGSYCF), Chino, serves as a traditional center for youth incarceration. Programs include education, job training, and counseling, and youth are involved in local community service projects during their time at the facility. The 1,200-bed facility houses 18 to 25-year-old young men committed to the California Youth Authority. Officers Kenny Fewer, Carlton Baines and Joe Hartigan discussed the facility and answered our questions; then we met in small groups with 3 young men — Fred, Cesar, and Vernal — who volunteered to talk with us about their experiences in the facility. P. 18 ACLU P. 19 G U I LT Y U N T I L P R OV E N I N N O C E N T ? day 04. Los Angeles 04. August. 2005 YOUTH JUSTICE COALITION by dinah handel From the moment you walk into the Youth Justice Coalition (YJC) office, it is obvious that this is no ordinary non-profit. With murals and timelines covering the walls, you can tell that the youth running this organization are very well educated on the political history and the social movements that shaped society today. Not only do the youth at YJC know about these important social movements, but there is no question that they intend to re-shape society themselves, building from their own experience of injustice and working from the community level up. The Youth Justice Coalition started in 2002 as a non-profit in Los Angeles. It is run by young people who have suffered at the hands of the police and prison system, and youth who were raised by parents who have been incarcerated. Although it is fairly new, many youth have already been affected by the YJC’s actions. While visiting the YJC, we met Frank, Mickey, Shawnta, German, Noé, Shaggy, and Kim, all of whom have direct experience with arrest, detention, and/or incarceration, and are now working for YJC. The Youth Justice Coalition works in four main areas: organizing to close CYA facilities, reducing overall incarceration and detention by 75%, ending gang profiling in Los Angeles, and | age 16 answering the question “why does Los Angeles incarcerate so many people?” In order to accomplish their goals in these four areas, YJC has four basic strategies: base-building, developing leaders through workshops, building youth leadership and campaigning. The YJC also has various chapters, including ones in Watts, East LA and Venice Beach. Working towards their eventual goal of prison abolition, they challenge race and class inequality in the LA juvenile justice system and police practices, advocate for improved conditions of confinement for juveniles, and push for more community involvement in policy-making. They work to bring more youth into the movement to take on leadership roles, and to make sure youth understand their rights. To me, the YJC is an ideal non-profit organization. They work on a community level, they hire youth who have direct experience with the system, they have set and carry out goals, and they have already had a positive effect as we saw that day. It is important for organizations like YJC to exist because they work in the communities most severely affected by the police and prison system, and they educate, organize and empower those who have been racially profiled and abused by the system. Although they have made a positive impact in youth’s lives already, they still have a ways to go before they reach their eventual goal to shut down the prison system. That day may be far in the future, there is no doubt in my mind that the Youth Justice Coalition will play a major role up to and on that day. Img. 04a. Mural at Youth Justice Coalition. Img. 04b. We participated in a role play activity to learn our rights with the police. 05 YO U T H S T U D Y D E F. rehabilitate: P. (re–´he-bl̆ l´l̆-ta–t´) vt. To restore to customary activity through education and therapy; to reinstate the good name of. 20 CENTRAL JUVENILE HALL/ HOMEBOY INDUSTRIES by chris morales Img. 04c. Meeting with Homies Unidos in LA. I NEARLY CRIED AS I WATCHED A MOTHER HOLD BACK HER OWN TEARS WHILE A JUDGE CONSIDERED WHETHER OR NOT TO SEND HER TEENAGE SON, WHO HAD A MENTAL DISABILITY, TO A CYA LOCKDOWN FACILITY. | age 17 In the Los Angeles Central Juvenile Hall courthouse, I nearly cried as I watched a mother hold back her own tears while a judge considered whether or not to send her teenage son, who had a mental disability, to a CYA lockdown facility. The boy was addicted to crystal meth and had originally been convicted of gang-related graffiti; he was currently in court for misconduct in the drug treatment program where he was staying. Knowing that crystal addiction and gangbanging can last a lifelong — and, in many cases, shorten a lifetime significantly — it was hard to envision a hopeful future for the boy or for his mother. I remained depressed until our group toured Homeboy Industries. Located in Boyle Heights — a neighborhood adjacent to both Downtown and East L.A. and notorious for its gang activity — Homeboy Industries is a center that helps current and former gang members leave their lives of ‘banging’ behind. Offering counseling, job opportunities, employment services, and free removals of gang tattoos, Homeboy Industries — founded and directed by Father Greg Boyle, S.J. — provides hope for the members of our society who might not otherwise find hope. In the oppressive socioeconomic conditions into which many people are born, they often face the risky dilemma — generally as adolescents — of whether or not to join a gang. If they decide to join, they’re put at risk of violence from rival gang members or of incarceration by unsympathetic police and judges; if they do not join, they could still face violence and incarceration simply because of unfair targeting by neighborhood gang members and L.A.P.D. officers alike. Providing a safe haven, services, and real opportunities for a successful future, Homeboy Industries helps to change the life of someone like the boy whom I saw in the Juvenile Hall courthouse. Their motto is “Jobs, Not Jails.” By helping gang members find gainful employment and improve their own lives, the center also improves the lives of their loved ones and their communities. Following the visit to Homeboys, as our group ate dinner that night at the nearby Homegirl Café run by girls and women trying to leave gangs, I was able to picture a hopeful future for the boy and his mother for whom I had earlier felt so hopeless. ACLU P. 21 G U I LT Y U N T I L P R OV E N I N N O C E N T ? day 04. Los Angeles 04. August. 2005 MY PEOPLE by riley evans | age 17 White Black Brown & Yellow My people share no color but one Orange Orange skins tattooed with signs of slavery Reading “Property of Alameda County” We are villains, predators, in a concrete jungle We are to be hunted enslaved for the protection of others Img. 04d. Mural outside of Homeboy Industries. Obsessed with revenge, police & politicians insist We are a lost cause, helpless Dollar signs as prison bars Economics interrupts rehabilitation CCPOA convincing the nation That we are a threat...They need a vacation America has forgotten its children When will they remember We are not “them” We are their children Img. 04e. Touring the inside Homeboy Industries. Note to Readers. CCPOA is the California Correctional Peace Officers’ Association, also known as the prison guards’ union. In recent years, CCPOA has become a major player in California politics, and is widely considered to be one of the most powerful political forces in Sacramento. The CCPOA advocates for longer prison terms, more punitive sentences for criminals and the building of more jails. The CCPOA made large contributions to the 1994 campaign for Proposition 184 (the “three strikes” initiative, which significantly increase sentences for repeat offenders) and is credited with helping the proposition to pass with over 70 percent of the vote. 05 YO U T H S T U D Y D E F. authority: P. (e-thôr´l̆-te–) n. The right and power to command, enforce laws, exact obedience, determine, or judge. 22 CALIFORNIA YOUTH AUTHORITY: HEMAN G. STARK by danielle smith The California Youth Authority (CYA) is the juvenile division of California’s criminal justice system. Recently it has gained a lot of attention from the public and the media due to some of the injustices that occur behind the walls of its facilities. During this year’s trip, we had a chance to visit the Heman G. Stark Youth Correctional Facility in Chino. This was an intense experience for me, and I’m sure everyone else felt the same. The CYA had been mentioned by almost every organization we’d spoken with, and now we were here experiencing it for ourselves. The first thing I noticed when we entered the premises was that it was much larger than the other juvenile facilities we visited. Its concrete walkways and neatly cut patches of grass gave an army base feel to it. I grew eager to explore, but to my disappointment the only thing they felt appropriate for us to see was their library. We were lead there by three well-dressed officials, who gave a short presentation that tried, but failed to glorify their institution. Seated in rows of desks that reminded me of elementary school, we generated a heated discussion. Our questions became more aggressive as we sought out their perspectives on the abuse and violence in CYA, but they only downplayed the incidents and blamed the media for exaggerating the story. When we were finally satisfied with the information we drew from the officials, we were permitted | age 17 to speak in small groups with a few of the wards from Stark. They definitely had a different story to tell, though limited by the presence of the staff. I found it awkward, being so close to the “criminals” I was taught all my life to fear. It seemed surreal. However, I quickly found they were no different from you and me. They were just regular people, and it’s not uncommon for people to make mistakes. The young man I spoke with had been caught up with the law a few times. He was convicted of grand theft auto and possession of a deadly weapon. He shared with us what a life behind bars was like; all the drama and all the pain. Racial tension is high and gang fights occur daily. The pressure to join gangs for protection is as bad or worse as on the streets. Education programs and college counseling are available, but there is often retaliation or danger from other wards for participating. There was a stark contrast between what we heard from the wards and what we heard from the officials. It was hard to leave after this encounter, knowing what these individuals were going back to. I can’t even begin to imagine how horrible it would be to spend 23 hours a day locked up in a tiny cell or how much strength it would take to get through a day at one of these facilities. Speaking with these wards definitely changed my perception of the system and the youth that are caught up in it. DAMN by constance lollis | age 17 Damn. I can’t stand the juvenile system. Things that go on in the juvenile system and mainly in the CYA are so fucked up!! I believe that they need a whole new system. Damn. They say “no child left behind.” Sometimes I question that. Is that true? Do they believe that? How do they feel about the youth? Img. 04f. City of Angels. Damn. I can’t believe there are some adults that actually want to help the youth. I mean damn. Some of these people are just really there fighting for the youth. They’re fighting for the rights of the youth. Man, I’ve been so happy that there are people that are out there for us. Damn, just for us. Damn. So some people do live up to that saying, “no child left behind.” P. fig. 05. Example of a whorl pattern. 23 Friday August 5TH DAY FIVE CHINO HILLS AND LONG BEACH BOYS REPUBLIC www.boysrepublic.org Boys Republic, Chino Hills, is a private, nonprofit treatment center and school for young men that emphasizes academic education, job training, social skills development, group accountability, and family involvement. Students live in cottages of 25 on an open campus which offers multidisciplinary treatment for teenagers in need of highly structured supervision. Student government provides an opportunity for students to have an active voice in determining the norms by which they live. We met with the Director Max Scott and Associate Director Chris Burns to hear about BR programs and philosophy. Four of the students at the facility led us on campus tours and spoke openly with us about their lives and what BR is like. KHMER GIRLS IN ACTION http://socal4youth.org/story.php?story=3 Khmer Girls in Action, Long Beach, works to empower young Khmer/Cambodian women between the ages of 14-18 in their own community through political education and organizing, community-based research, and cultural programming. KGA’s mission is to contribute to the movement for social, economic, and political justice by educating future Southeast Asian women leaders. We met with Community Organizer Ra Pok, who works with youth on the antideportation campaign. She shared some of the issues and abuses that the Southeast Asian community is dealing with due to recent immigration laws where arrest for crimes of poverty and survival can often result in deportation. “What used to be considered ‘normal teen behavior’ has been criminalized — normal adolescent curiosity and rebellion, hanging out on the street corner.… Four out of five kids in detention are kids of color — Black, Latino, and Asian. In poor, marginalized, struggling communities where there’s a heavy police presence, there’s more of a likelihood that folks there will get caught doing the same things folks in other neighborhoods are doing.” James Bell, Haywood Burns Institute exh. e-1 05 YO U T H S T U D Y D E F. treatment: (tre–t´ment) n. The application of remedies so as to effect a cure: therapy. NO CHILD LEFT BEHIND: A VISIT TO BOYS REPUBLIC by karthik chandran | age 16 It’s a simple philosophy that may have first applied to education, but that the individuals running Boys Republic have wholeheartedly adopted. In a well-landscaped, seemingly heavenly microcosm of California’s juvenile justice system, Boys Republic was one solution we all were searching for. The treatment center, which seemed more like a regimented summer camp than a place housing juvenile delinquents, ran on the philosophy first purported by social worker Jane Addams in the late 1800s — that juveniles, no matter how far they stray from society’s norms, can “reform” and eventually find the right path. With the people we met at Boys Republic, such an ideology seemed to be working. Nearly all four of the young men, who took us on tours alone (the key here is that they were trusted), seemed to possess a drive for change once they were released from Boys Republic. They felt that the things that other juvenile facilities often neglected, like brotherhood, trust, and most of all, caring, were the very needs that were fulfilled at Boys Republic. After visiting Boys Republic, I feel the state-run institutions are shameful and inefficient. It is truly disturbing that the social and political culture demands retribution more than rehabilitation, even when the evidence is clear that the former simply hurts children more. When we demand help rather than punishment, only then will we truly embody the notion that no child should ever be left behind. THOSE OF US ON THE OUTSIDE HAVE NO IDEA HOW DEVASTATING IT IS TO BE BRUSHED ASIDE AND LOCKED AWAY BY OUR GOVERNMENT. DON’T BE FOOLED WITH THE CURRENT SYSTEM; WE’VE BARELY TAPPED INTO THE SURFACE OF WHAT CAN BE DONE TO HELP OUR FELLOW YOUTH. Sarah Jo, age 17 P. 24 by nickey massey | age 16 fuck the system FUCK THE SYSTEM. It’s been 6 months and you still ain’t come home. So I’m trying to be strong but tears come down every time I hear that one Mariah song. I can’t wait to see you so I can show off the new thong and maybe we can smoke some weed out my new bong. It’s hard trying to hold it down cause these niggas be too flashy in the town. And they be too mad always wearing a frown. 6 months seems like forever, I really really miss you. I would probably give in my new Chanel Purse just to kiss you. Some of them BLOCK BOYS still be trying to diss you. They mad cause when the cell open the money gone be flying like mail, so yea I’ve been sad and I can’t forget lonely, but I remember everything about the game you told me. At NIGHT it’s the worst cause you always use to phone me. And I admit I even miss them early morning fights about how you be trying to control me. I know THEY can’t keep you forever. Me leaving you in the COLD never. I admit I CRY from time to time. But I keep pushing on , it’s in my blood. I want you to come home so we can turn the lights down and have some fun. I think about you almost every minute and my heart beats faster when that minute is finished. You are always in my prayers. GOD bringing you home cause he always plays fair. It’s been a long time I hope things ain’t changed, I am no longer a girl I am a YOUNG WOMAN and I know half these town niggas is plain stupid. I’ve grown a whole lot, still struggling to stop smoking “pot.” I look in tha mirror and realize “I’M ALL I GOT.” 6 months I’ve felt alone talking to hella different niggas over tha phone. But I miss that ruff tone only you can produce. I love you like a kid should love water and not juice. I need you to hurry and come home from the PEN. I know all about the past situations you was in. But that’s over, it’s time for you to be tha BLACK CHAMPION again. I know you ready to be a good man, so lets get crackin so we can buy up some of this land and take vacations where it’s nothing but WATER, sky and sand. I need you to hurry and come home from the PEN. I know all about the past situations you was in. But that’s over, it’s time for you to be tha BLACK CHAMPION again. DAY SIX SANTA CRUZ AND SAN JOSÉ fig. 06. The earliest dated fingerprints come from the Egyptian pyramid era. Saturday August 6TH THE SANTA CRUZ PROBATION OFFICE www.co.santa-cruz.ca.us The Santa Cruz Probation Office has developed an impressive model program that has reduced the number of youth in detention by 40-50%, reduced racially disproportionate confinement by 18%, and shows a 95-99% success rate in preventing re-offense during the court process. We met with 4 youth and one parent, along with Chief Probation Officer Judy Cox and Lauren Garnette, Asst. Director of the Juvenile Division. BARRIOS UNIDOS www.barriosunidos.net Barrios Unidos, Santa Cruz, is a multicultural, non-profit organization whose mission is to prevent and curtail violence among youth by providing them alternatives. They do this through three programs: the César Chávez School for Social Change which develops leadership and self-esteem through culturally appropriate courses and activities; Community Economic Development which provides jobs for local youth; and Community Outreach which provides kids clubs, youth groups, parent groups, street outreach, and a cultural program. We toured the site with Ben Alamillo and Gustavo Mendoza, and heard about all the BU programs. MAYOR’S GANG PREVENTION TASK FORCE, SAN JOSE www.sanjoseca.gov/prns/ysmgptf.htm Established in 1991 to stop the increasing trend of youth violence in the City of San José, the MGPTF brings together an interagency collaborative whose mission is to reduce gang activity by providing safe opportunities for youth & their families to be successful & productive in their homes, schools, & neighborhoods. The MGPTF is made up of a Policy Team and a Technical Team. The Policy Team, chaired by the Mayor, provides direction and focus to the City’s gang prevention and intervention efforts. The Technical Team, made up of representatives from over 30 community based organizations, work together with law enforcement & other City programs to implement direct services to prevent & intervene in youth gang issues. We spoke with Andrea Flores (County Supervisor Blanca Alvarado’s Office), Mario Paz (Youth Community Services Director of Catholic Charities in San Jose) and Lt. Rich Saito (San Jose Police Department) about their broad-based approach. Reforms in Santa Cruz County, California 61. 36. Number of youth detained in the Santa Cruz Juvenile Hall in January 1997 (42-bed facility). Number of youth detained in the Santa Cruz Juvenile Hall on June 21, 2002. 10. Average length of stay in the Santa Cruz Juvenile Hall in 2000. 95. 27. Average length of stay in juvenile halls in California in 2000. -% of youth under home supervision who attend all court hearings and do not re-offend during court process. 18. -% that disproportionate minority confinement has been reduced since 1997. center on juvenile and criminal justice. http://cjcj.org/jjic/reforming.php P. 26 ACLU P. 27 G U I LT Y U N T I L P R OV E N I N N O C E N T ? day 06. Santa Cruz and San José SANTA CRUZ PROBATION OFFICE by susana inda | age 16 The Santa Cruz Probation Office (SCPO) gave us lots of information on issues relating to the number of incarcerated juveniles, as well as what they do to help prevent such issues from occurring. One of the statistics we received is that nationally, two-thirds of juveniles in detention are of color (“disproportionate minority confinement”). It was also said that most of the violations that occurred were property offenses or probation violations, which are usually nonviolent, and many of the kids happen to have rough backgrounds. The SCPO does not feel that kids at such a young age should be segregated from their families either, and that there are ways to keep kids out of detention and lockup by providing other alternatives. Some of the alternatives include using home supervision or electronic monitoring devices like ankle bracelets, instead of putting kids in Juvenile Hall while they wait for their court date. Then, rehabilitation programs are offered to youth offenders in their own communities and with their own families if it’s safe for them to stay there. They also connect youth to organizations such as Barrios Unidos that provide education, counseling, conflict resolution, and cultural programs, which can be really helpful if youth are at home on probation. Community agencies also provide evening activities to help kids stay out of boredom and trouble. The Santa Cruz Probation Office started these reforms in 1997 due to harsh living conditions and overcrowding in the juvenile hall. Instead of adding more beds to the hall, they looked for other ways. Since these reforms have been made, the population in juvenile detention in Santa Cruz has gone down by 43%. Other cities have made similar reforms, like Chicago, which reduced its juvenile detention population by 36%. The changes are working too, since 95-99% of youth on home supervision and electronic monitoring do not get rearrested. Though there are plenty of reforms that still need to be made, I do feel that some counties are making the effort to provide a better environment for the youth. With outside organizations helping, as well as the Probation Departments themselves, I feel youth will be looking forward to a brighter future. Img. 06a. Outside Santa Cruz Probation Office. Img. 06b. Ben Alamillo from Barrios Unidos. Img. 06c. Meeting with the Mayor’s Gang Prevention Task Force in San José. 06. August. 2005 DAY SEVEN SAN FRANCISCO fig. 07. Example of an island: two ridge endings, a very short distance apart. Sunday August 7TH MURDER VICTIMS FAMILIES FOR RECONCILIATION (MVFR) www.mvfr.org MVFR works nationally to abolish the death penalty by organizing murder victims’ families to become an effective voice opposing the death penalty, educating the victims’ community and the larger public about the issues surrounding the death penalty, and activating communities to work for abolition of the death penalty. Member Janis Gay told her story and talked about the work of MVFR. THE BEAT WITHIN www.thebeatwithin.org The Beat Within is a writing and conversation program in juvenile halls — and a weekly magazine that grows out of that program. From a single workshop and a weekly magazine of approximately four pages, The Beat has grown to about 100 pages a week of writing from the 40-plus Bay Area juvenile hall units visited weekly. The Beat provides something that few of these youngsters have ever known: a view of themselves as having self-worth, and having something worthwhile to say, a sense of belonging to a community of writers, and an interactive and positive relationship with the adults who facilitate Beat workshops in their units. Every single published piece in The Beat gets a written response from the editorial staff, allowing for an ongoing dialogue. For those on the outside, The Beat provides a unique window into a world few of us can even imagine. We visited the Beat’s offices to hear about their different programs. Then Beat facilitators Will Roy, Emily Ericson, Mervyn Wool, David Inocencio and Michael Kroll conducted a brief writing workshop, after which many folks shared their writing in an open mic session for our last day. Many of the poems in this publication were written during this workshop. exh. Elements of a Model System of Care in Juvenile Justice g-1 Unconditional care. All youth, regardless of the severity, complexity, or difficulty of their problems, have the right to rehabilitative services and to a long-term commitment of support. Fair treatment of minorities. Over-representation of minority youth in juvenile justice is mitigated by monitoring all places where bias may influence decisions. Coordinated continuum of care. A broad array of community-based program and service options are sequenced and combined to create a range of intervention options that ensure the appropriate treatment, education, training, and care compatible with the youth’s specific needs. Community-based. Instead of removing youth from their home environment, community-based services impact the youth’s total environment by addressing problems in the community where they develop, and by establishing the long-term support necessary to sustain progress. Individualized programming. Sufficiently intensive and comprehensive services accommodate the individual needs and potentials of the children and their families. Normalization. Treatment programs integrate youthful offenders into situations of living and interacting that are consistent with a healthy, stable and nurturing, family-like environment. Aftercare/reintegration. Youth continue receiving the support of treatment services following their active rehabilitation in a confined facility to prevent the relapse or regression of progress achieved during the recovery process. center on juvenile and criminal justice. http://cjcj.org/jjic/reforming.php P. 28 ACLU P. 29 day 07. San Francisco G U I LT Y U N T I L P R OV E N I N N O C E N T ? 07. August. 2005 MURDER VICTIMS’ FAMILIES FOR RECONCILIATION by darwin fu The meeting with Janis Gay from Murder Victims’ Families for Reconciliation made me rethink the prevailing philosophy of “an eye for an eye.” Here was a woman who suffered a grievous loss which was completely unfair, able to cope without revenge. Personally if such a tragedy happened to me, I would not wish for the harshest penalty of the law upon the criminal, but instead I would want to seek revenge myself. It really inspires me how someone can go through so much and yet still be able to forgive others. Her dedication to help the very people that have drastically changed her life really made me believe that there is a huge capacity for forgiveness in everyone. If more people sought to forgive than punish, our justice system would be a lot better and society in general would probably improve. For now, my new philosophy is: “Two wrongs don’t make a right, but three left turns is a right turn.” | age 16 Img. 07a. Janis Gay from Murder Victims Families for Reconciliation talking with the group. THE NEVER ENDING SPRINT by yael franco | age 17 Where are we running? Where is the end? All these problems that we as youth, are trying to mend. Where is the change? Why won’t it come? I’m too frustrated to wait, and now the anxiety and knots are making me numb. It hurts me deep on the inside although I’ve never felt the pain, But the injustice, lies, fear, confusion and experience drive me absolutely insane. We are all children and we all crave love, compassion, care and have need, So why it is that some are locked away left alone to bleed? So in truth where are we running, and why does it feel like there is no direction, I want the light at the end of the tunnel and I want to hold in my palm, the world’s perfection. Img. 07b. Will Roy from The Beat Within. C O N C LU S I O N . – –> lasting impressions: Before going on the trip, I thought the juvenile justice system’s best interest wasn’t reforming the kids, and that the whole system was corrupt and needed to be reconstructed. This trip confirmed that opinion, and opened my eyes to the bigger picture which I feel is the root of the problem — economic issues such as poverty, racism, and the struggles between social classes. Kids are getting punished for drug use, but what help is given to prevent the drug use in the first place? Even if they go through rehabilitation, then what? They get put right back into the environment from which the problem derived. There are many kids who have to worry about getting sexually harassed by their own family members, going to a home where the lights have been cut off, or have several brothers and sisters who like them haven’t eaten in a few days. So many kids are trapped in the system and will eventually end up in the California Youth Authority (CYA), which was just renamed the “Department of Juvenile Justice.” To some, CYA is a death sentence — the trash can where juveniles are thrown when the court doesn’t know what else to do with them. They tried to change the name to make it seem like they changed the system, but nothing’s changed and the proper help is not being given to reform these kids. I believe that nobody dreams of being a professional thief, drug addict, homeless person or a gangster. These things just come as a result of poverty, lack of resources and money, and racism. It hurts me because I know people stuck in the system and what can I do? Unlike others I know the problem. Most of the public is not educated on the issue so they don’t know what’s going on. And those that know get hit hard, like me, so what do I do? awndrea lee – –> age 17 A huge problem affecting society is the ability to dehumanize people. In prisons dehumanization is clearly seen. When we were visiting the facilities you couldn’t have missed the barbed wired, the handcuffs, the uniforms, the forced similarities between each individual, the use of numbers instead of names, and the structure of power within the facility. I was very sad to find out that history perhaps is like a list of ideas from which to pick what was successfully used to hurt people and control them. It seems to me that all the information we need to know is out there available to us, but we unconsciously choose not to see something we’re afraid to confront. I know that at times I’ve been scared and will probably continue to be scared, but I am no longer scared to confront the juvenile justice system. Justice (jŭs´tl̆ s) n. 1. a. The principle of moral rightness; equity. b. Conformity to moral rightness in action or attitude; righteousness. 2. The upholding of what is just, especially fair treatment and due reward in accordance with honor, standards, or law. I had to look that one up. I thought it was a simple word to understand, but in less than 8 days, I found out how little people understand the word “justice.” brianda castro – –> age 15 A HUGE PROBLEM AFFECTING SOCIETY IS THE ABILITY TO DEHUMANIZE PEOPLE. It is almost impossible for me to sum up the youth trip in a few sentences. Not only did I come back a changed person, but I now have a better idea of my place in the world. I have come to see that I have to take part in changing the world, whether it be speaking to schools, judges or district attorneys, or writing a simple letter expressing my dislike of a politician or law. I wish that everyone could have an experience like I did, so that they could see their place in the world, and discover what they need to change. Luckily I know what I need to do, and that is a start. dinah handel – –> age 16 The Howard A. Friedman First Amendment Education Project, a special project focusing on student outreach and education, was established by the American Civil Liberties Union Foundation of Northern California in 1991. The goal of the Project is to work with high school students and teachers to improve student understanding of the core principles underlying the Bill of Rights, and to make the connection between these rights and the issues they face in their lives. The summer trip topics are chosen by the students who meet regularly throughout the year. Past trip topics include immigration, tribal sovereignty, homelessness, Corporate America, the Drug War and sexism. We wish to thank all those who made the time to meet with us before during and after the trip to help in our understanding and study of the juvenile justice system. Their participation in this investigation has allowed us to gather materials for this publication, which serves as a forum for our ideas on an issue that has touched our lives and those of our peers. Students are free to draw their own conclusions from the trip. This publication is an independent expression of the students’ views, and do not necessarily reflect ACLU policy. All contributions are © 2005 by their respective creators. – –> funders: Guilty until Proven Innocent?: a Youth Study of the Influences and Consequences of Juvenile Justice was made possible by the generous support from the Friedman Family Fund (in memory of Howard A. Friedman), the Evelyn and Walter Haas Jr. Fund, the Cross Ridge Foundation, and the many contributors to the ACLU Foundation of Northern California. For more information about this publication or the Friedman First Amendment Education Project, please contact Project Director Eveline Chang: telephone. (415) 621-2493 x337 email. echang@ aclunc.org postal mail. ACLU of Northern California 1663 Mission Street, Suite 460 San Francisco, California, 94103 www.aclunc.org/youth fig. x. Example of a loop pattern. The Howard A. Friedman First Amendment Education Project, a special project focusing on student outreach and education, was established by the American Civil Liberties Union Foundation of Northern California in 1991. The goal of the Project is to work with high school students and teachers to improve student understanding of the core principles underlying the Bill of Rights, and to make the connection between these rights and the issues they face in their lives. The summer trip topics are chosen by the students who meet regularly throughout the year. Past trip topics include immigration, tribal sovereignty, homelessness, Corporate America, the Drug War and sexism. We wish to thank all those who made the time to meet with us before during and after the trip to help in our understanding and study of the juvenile justice system. Their participation in this investigation has allowed us to gather materials for this publication, which serves as a forum for our ideas on an issue that has touched our lives and those of our peers. Students are free to draw their own conclusions from the trip. This publication is an independent expression of the students’ views, and do not necessarily reflect ACLU policy. All contributions are © 2005 by their respective creators. – –> funders: Guilty until Proven Innocent?: a Youth Study of the Influences and Consequences of Juvenile Justice was made possible by the generous support from the Friedman Family Fund (in memory of Howard A. Friedman), the Evelyn and Walter Haas Jr. Fund, the Cross Ridge Foundation, and the many contributors to the ACLU Foundation of Northern California. For more information about this publication or the Friedman First Amendment Education Project, please contact Project Director Eveline Chang: telephone. (415) 621-2493 x337 email. echang@ aclunc.org postal mail. ACLU of Northern California 1663 Mission Street, Suite 460 San Francisco, California, 94103 www.aclunc.org/youth fig. x. Example of a loop pattern. ��������������� ���������������� ���������� ������������ ���������� ������������� ���������� ������� ����������������� ���������� ������������� ��������� �������������� ���� � ��������