Kindness in the Courtroom as a Child Launches into a Violent Outburst

I had been on the bench for a couple years when I met her. Her name was Jade -- she was 12 years old when she appeared in my court. Besides being disrespectful, not following the rules at home, and staying out all night, she was caught giving oral sex to two adult males. Her mother did not know what to do. The police told her to come to juvenile court and file what is known as an unruly petition.

A Letter to My Friends

A colleague recently called to complain about the criticism heaped on him for his efforts to bring detention reform to his community. He has been called a lot of names and doesn't know if he can continue to endure the emotional pain. It made me think of others doing this work and the same painful darts they're enduring. So I will share with you what I shared in part with him. By now it should be no surprise that as judges go I am left-of-center.

The Story of an Armed Robbery and a Second Chance, Part 2

Editor’s Note: This is part two of a two-part opinion piece written by Judge Teske. Part one appeared in this space Tuesday. James and Matthew -- the boys who robbed Henry, a pizza deliveryman, at gun point -- stood in court telling him they were sorry as they wiped the tears from their eyes. With my permission, Henry walked to the bar, reached across and shook the boys’ hands, and said in a soft voice, "I forgive you." Henry also had tears.

The Story of an Armed Robbery and a Second Chance

Editor's Note: This is Part One of a two-part opinion piece by Judge Teske. Part Two will appear on Thursday. Henry reached into the back seat of his car to retrieve the pizzas. He grabbed them, turned around, and staring at him was the barrel of a gun. "Give me the pizza and money," said the masked man.

A Season to Imagine a Better World

Let’s face it — the practice of juvenile justice does not work for the most part. I applaud the efforts of those pushing our juvenile code rewrite here in Georgia, but will the changes produce drastic outcomes for delinquent youth?  Drastic outcomes require drastic changes — I mean controversial and blasphemous changes! To achieve drastic outcomes, we have to change the starting place. We already know — or should know — what to do with delinquent youth. The question is where do we do what with them?  Despite the significant progress to develop effective community-based programs such as cognitive behavioral training, Multi-Systemic Therapy (MST), and Functional Family Therapy (FFT), they become insignificant if the costs to support them are dedicated to the brick and mortar to house youth.

Me My Sister and the Bully

At age 12 we moved from a small town in Kansas to a suburb of Albany, .N.Y. Over the summer, I befriended another boy named Dean. On the first day of school, while at the bus stop in front of my house, a group of boys approached. When Dean saw them, he became visibly upset.

"What's wrong," I asked.

"That's Jeff and his gang." he said. "They're trouble."

It was not their bus stop. "This could not be good," I thought.

When they arrived, Jeff said something I couldn't make out, but I knew from his tone and body language that he wanted to pick a fight with Dean.

Having been raised to be chivalrous -- or some would say "stupid" -- I stepped between Dean and the gang and said something foolish that went something like "You will have to go through me."

They just looked at each other and laughed. I thought their laughter to be incredulous but at the same time praying my mother would look out the window and rescue me.

She didn't and I was contemplating, "Do I run toward the house or stay and get pummeled to death?"

Just before I turned to look at Dean, I was thinking, "At least I have my friend Dean."

But there was no Dean. He opted to do what I was just thinking, he ran!

I turned back around facing Jeff. He says to me, "What are you going to do now?"

Just as I was about to run, I heard a loud motherly voice. In that split second, I thought of my Mom -- but it wasn't her -- it was Dean's mom. He ran to get help.

"You leave now before I call the police," she hollered.

Jeff and his gang of thugs left, but they didn't forget.

A week later, I was standing in the back of a crowded bus. I felt a tap on my shoulder, I looked around and there Jeff stood with a hateful stare.

He slapped me across the face. I stood there and didn't move. His friends were standing around waiting for me to do something. I didn't. I was too scared.

They soon discovered I had a sister. She rode the same bus. It wasn’t long before they attacked her. That’s when my personality changed forever. I became a fighter.

I got into a lot of fights that year protecting my sister. The gang of bullies made sure to attack when adults were not around.

I took a beating physically and emotionally until it dawned on me that I could start my own gang. If Jeff can bully in numbers, I can defend in numbers.

My friends Mike, Louie, and John soon had my back. It didn't take long for Jeff to figure out that I wasn't worth his trouble. You see -- my friends were bigger and smarter.

I fought off my bullies because I was resourceful. Most victims are not resourceful. The research shows that many teachers are not aware of the frequency of bullying in the school. Much of it has to do with the bully's covert approach to harming others coupled with the victim’s failure to report the incidents of bullying.

Studies show that most don't tell on their attackers for a number of reasons. In a survey of post-secondary students, most students believed that teachers are not helpful and may make the problem worse by drawing more attention to the bully without taking effective steps to prevent further abuse. The bully is now aggravated and the attacks occur more frequently and with greater intensity.

Other reasons given include fearing retaliation, feeling shame at not being able to stand up for themselves, fearing they would not be believed, not wanting to worry their parents, having no confidence that anything would change as a result, thinking their parents' or a teacher's advice would make the problem worse, fearing their teacher would tell the bully who told on him or her and thinking it was worse to be thought of as a snitch.

What should we expect from kids who are under neurological construction? Their frontal lobe -- the part of the brain that translates emotion into logic -- is not developed until age 25.

For my sister and I, we didnt want our parents to worry. It’s an interesting paradox the love between a parent and child. My parents were nurturers. They were protective -- not overly so -- but always hugging, asking questions, and in our business.

Here is the rub -- knowing the extent of their love also meant knowing the anguish and pain they would experience if they knew our pain. They always told us we could talk to them and share problems, but we didn't always do that. Not because we didn't trust them, but because we loved them, in our cognitively short-sighted way.

In hindsight, my adolescent male ego was bigger than my immature frontal lobe. I didn’t want the bullies and others to witness my Mom in action to save me and my sister. I trusted my Mom to fix things but I didn’t want the embarrassment of being labeled a "momma's boy."

Ironically, my selfless chivalry was in part driven by my selfish need to avoid humiliation. Sadly, this irony placed my sister in harm’s way. I am sure she wasn’t concerned about mommy coming to the rescue. My emotions were not getting filtered through an objective lens to reach logical decisions. That's the nature of adolescence.

As I cull through the evidence-based approaches to combat bullying and look back on those dark days, I am convinced that the best approach is not zero tolerance, it's teaching the teachers to identify bullies coupled with programs designed specifically to assess and respond to their need to bully.

Otherwise, kids will continue to be traumatized. They will find their own way to deal with it. Some are resourceful -- most aren't.

The effects can be long lasting. Others simply try to take their own life -- and some succeed.

It’s Time to Get Real about Kids and Detention, Anecdotes, Evidence, Blasphemy and the Truth.

It's time to get real about kids and detention. Supreme Court Justice Louis Brandeis once said, "All great truths begin as blasphemies." Well, here are my blaspheming thoughts. I am tired of those with the "lock ‘em all up" attitudes critical of alternatives to detention. They talk off the top of their heads and spew opinionated garbage from their mouths with nothing to show in support of their "get tough" attitude but anecdotes.

The Importance of Judicial Leadership in Juvenile Justice

I am on a plane heading home from Reno. I spent a day at the National Council of Juvenile and Family Court Judges teaching relatively new judges on the topic of juvenile detention alternatives. I was impressed with the group of judges and their favorable disposition to detention reform. In fact, in all my travels to present or deliver technical assistance, I have yet to meet a judge who doesn't already understand, appreciate, and or have the desire to apply detention alternative tools and practices. The key to developing strategies to reduce unnecessary detention is collaboration -- bringing police, schools, social services, mental health, and other stakeholders to the table to understand the principles and law underlying alternatives to detention and more importantly identify resources and best strategies.

The Many Ironies of Juvenile Detention

I have found over the years that many naysayers of detention alternatives for juvenile offenders are lacking in the body of research supporting alternatives to detention and are ignorant of the laws governing detention.

Some are politicians, victim advocates and even law-makers. I am more disturbed with the considerable number of prosecutors, defense attorneys and law enforcement unfamiliar with these restrictions -- and they are directly involved with kids in the system.

I have been doing some work in North Carolina on detention alternatives over the past few months. I am impressed with the leadership of the secretary of the state’s Department of Juvenile Justice Linda Hayes, her Chief of Staff Robin Jenkins and Deputy Secretary Mike Rieder. They are determined to do the right thing with kids despite the shoe-string budget.

They can showcase many outstanding outcomes from using evidence-based practices. Take for instance Union County, outside of Charlotte. They pursued and got a MacArthur Foundation Action Network grant to develop strategies to reduce racial and ethnic disparities in the detention of kids. They have developed many tools that have produced outstanding results.

The coordinators of the effort in Union County are Karen Tucker and Becky Smith. They shared with me that early on in their effort they learned that law enforcement knew very little about the juvenile laws around detention. This frustrated police and sometimes made the relationship between the court and police difficult.

Tucker and Smith worked with law enforcement to introduce specialized training on juvenile laws -- especially detention. They found that whether law enforcement agreed philosophically or not with some of the prohibitions on detention for kids, police were less frustrated with the system knowing that the law is the law. This frustration is reduced more when the training also introduces the research in support of the legal prohibitions against detention in many circumstances.