Page 1 of the AMERICAN

Transcription

Page 1 of the AMERICAN
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– –> 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.
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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.
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ACLU
P.
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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
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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.
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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
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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.
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