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Judge Steven Teske On the Two Faces of Juvenile Justice

During my 12 years on the bench, a few of my law enforcement friends have asked me why I take — in their perspective — a “soft” approach with kids coming before me.

“Judge, you don’t see them on the streets when we deal with them,” they say.  “You see them in court with a smile and looking good.”

The question of my apparent naive approach to kids is valid — from their perspective of course.

For example, I recall this one kid four years ago. He was 15 years old and his name was Kenny. He personified the kids my friends described — angry, disrespectful, and defiant.

Imagine dealing with many Kennys every day? It is frustrating for police. I understand their criticism of my decisions. They serve on the front-end of the criminal justice system. They place their lives on the line every day.

Take for instance the kid who runs from a stolen car, the police give chase, and upon catching up he resists and has to be wrestled to the ground. They both get scrapes and maybe torn clothes. Despite his admission to fleeing from and resisting the officer, the kid complains of police brutality.

I use to be one of those officers on the ground. I assure you, there is no failsafe method of cuffing a resisting person without getting scrapes, maybe some cuts, bruises and torn clothing. In fact, when you hit the ground it’s a free-for-all and the training goes out the door. You do whatever it will take to get home that evening to your family — even if it means scraping, cutting, bruising and tearing clothes. There is a saying among peace officers: “I rather be tried by 12 of my peers than carried by 6 of my friends.”

Kenny was one of those kids who resisted police. In fact, he hit an officer three times in the face with a clenched fist. He assaulted his mother and threw furniture into a wall causing substantial damage. Kenny received numerous cuts and bruises in the struggle to cuff him. He admitted to attacking the officer and to fighting the officer during the arrest. Despite all this, he was indignant that he had cuts, scrapes and bruises.

Kenny was detained. His mother was scared of him. This was not the first time. He was violent at school too.

During the hearing, Kenny was articulate and showed remorse for his conduct.  It was difficult to believe that this same young man did these horrific things. Kenny, like many troubled youth, lives a Dr Jekyll and Mr. Hyde paradox — an angel in the courtroom but a demon outside.

I released him for a psychological evaluation. It just didn’t make sense how a smart young man could be so violent.

The officer seemed unpleased. Unfortunately, this juncture in the system is where the misunderstandings begin.  I call this the “Hand-off.” The police make arrests when kids break the law. They are handed over to me. I must figure out what to do.  The police return to the streets to protect us. They don’t hear the rest of the story. They don’t see it from my perspective!

When Kenny was returned to court after the evaluation, it was discovered that since age seven he had witnessed his father beat his mother on a daily basis.  Kenny would try to save his mother on occasion, only to have his father turn on him. Kenny became angry and abusive, just like his father.

The boy needed intensive services. The psychologist recommended individual counseling as well as family therapy for both Kenny and his mother. That is what I ordered. And so I returned him home to begin his journey. That was four years ago.

Last week, I was sitting on the bench listening to an argument that the records of a 19-year-old be sealed. The prosecutor stated that he had completed probation two years ago with no arrests since, now attends college, is on the Dean’s list and is employed to help pay his tuition. His mother was present.  She was proud of her son. Before sealing his record, I read aloud from an order I wrote in 2007, “He is very articulate and speaks with intelligence; has a lot of potential.”

The young man in the courtroom began crying. His mother cried too.

“Thank you Judge Teske,” he said. “Thank you for giving me a chance.”

His name is Kenny — the same Kenny who attacked police and his mother.

Toughness on juvenile crime is a matter of perspective depending on the role we play. The police find the lawbreakers and the courts try to rehabilitate.

Together they are the two faces of juvenile justice — one speaks for the entrance-the other for the exit.  They face each other only in the middle — the courtroom –for the “hand-off.”

Like Kenny, many kids do change after the hand-off. It’s just that those who hand them off don’t always see the change.

 

 

 



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Judge Steven Teske

Judge Steven Teske

Judge Steven C. Teske is the Chief Judge of the Juvenile Court of Clayton County and serves regularly as a Superior Court Judge by designation. He was appointed juvenile judge in 1999. Teske earned his Bachelor's, Master's, and Juris Doctor degrees from Georgia State University. He was a Chief Parole Officer in Atlanta, Deputy Director of Field Services of the Georgia State Board of Pardons and Paroles, and a trial attorney in the law firm of Boswell & Teske LLP. He also served as a Special Assistant Attorney General prosecuting child abuse and neglect cases and representing state employees and agencies in federal and state court cases. Teske is a past president of the Council of Juvenile Court Judges and has been appointed by the Governor to the Children & Youth Coordinating Council, DJJ Judicial Advisory Council, Commission on Family Violence, and the Governor's Office for Children and Families. He has written articles on juvenile reform published in Juvenile and Family Law Journal, Juvenile Justice and Family Today, Journal of Child and Adolescent Psychiatric Nursing, and the Georgia Bar Journal. He serves his community in numerous other capacities including past president of the Southern Crescent Habitat for Humanity and is currently on the advisory board.

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7 Responses to Judge Steven Teske On the Two Faces of Juvenile Justice
  1. Didacticus
    June 27, 2011 | 8:55 am

    The problem with harsh punishments is that kids often react by getting angry and worse, especially when they also get influenced by more hardened cases in juvenile jails.

    Had Kenny been dealt with harshly in a way that ignored the abuse he experienced throughout his childhood, chances are he may have turned much worse and we could have had a kid up on murder charges by now…

    • Dana
      June 27, 2011 | 10:00 am

      This story really touched me. It is an excellent example of what ‘shoud’ be done with these kids, as opposed to what is done. Kenny had a story, and had he not been able to tell it; his life would have most likely gone in an entirely different direction. Kudos to this judge in recognizing the help this boy needed, and then offering it to him.

      • Jackie Kelsey
        June 28, 2011 | 2:52 pm

        This story speaks a lot of truth. These kids are crying out and thank goodness Judge Teske was there, he knew deep down in his heart that this yongster could be saved.

  2. Dave
    June 27, 2011 | 12:31 pm

    I am glad to hear of a judge that seeks justice with compassion. We need more like The Honorable Judge Teske. Too often, justice is nothing more than a strict application of law with no regard to the persons affected, defendants and victims both.

    I would like to hear Judge Teske’s views on police corruption, I would expect that he would have a unique and appropriate point to make.

  3. STeve Teske
    June 27, 2011 | 9:51 pm

    Wow….I must say I am glad to see the responses to this column. It has certainly struck a chord. Thank you for the comments. I agree with Didacticus that harsher responses increases the risk of more serious criminality, rspecially during adolescence. Dana says the same. As for police corruption, I experienced as a parole officer…almost went to jail for it…Dave, you gave me an idea for a story. But know this….most police are great people. Note in my story I used the word few, and even those I think of are not corrupt….just lacking the rest of the story. I am very blesed in Clayton county with great police. They care about our kids. Nonetheless Dave…be looking for that one story……its an exception, but like any bad apple, it will ruin the bushel.

  4. Martha A. Patton
    June 28, 2011 | 8:24 am

    I am very proud that you serve on our Department of Juvenile Justice Board of Education and the DJJ Board.

    Martha Patton
    Curriculum Director
    Georgia Department of Juvenile Justice

  5. India S
    June 30, 2011 | 9:43 am

    Excellent seeking justice with compassion. I totally agree let’s get to the root of the problem. Judge Steve Teske keep up the good work. Your friend India Smith

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