As California’s juvenile probation caseloads have plummeted and annual costs of incarcerating a single youth skyrocketed to hundreds of thousands of dollars, juvenile probation departments, nevertheless, have manage to stave off severe budget cuts and layoffs. But that ride seemingly is ending as counties explore less costly alternatives to incarceration and probation.
Going on outdoor walks without a mask. Hopping on a Washington, D.C. Metro train without holding my breath. Meeting friends at restaurants and bars … Resuming those and other parts of my pre-pandemic life has been fun. It’s also been scary — and not for reasons related to COVID-19. I’m Asian American, which can make being in public dangerous.
The FBI reported that, in 2020, the number of hate crimes targeting Asian people rose from 158 to 274, a more than 70% increase.
Everyone deserves access to justice. Eight years ago, I took a chance that the community would show up to support legal services – and justice – for vulnerable kids and young adults.
I’ll never forget the first client who walked through our doors or any of the clients I’ve represented. As I step down from leading Arizona Legal Women and Youth Services (ALWAYS) and turn the reins over to a brilliant successor, I can’t help but reflect on all that I’ve learned, felt, and hoped during my time running a legal aid center. At ALWAYS, we serve human trafficking survivors and children and young adults affected by homelessness, abuse, and the foster care system. With the exception of trafficking survivors, everyone we serve is 24 years old or younger.
This is how practitioners of restorative justice approach things: First, focus on building strong, authentic relationships in a community, including schools that now are reopening. Then, if and when community members or students make a mistake or cause harm, rather than simply looking at which rule was broken and which punishment should be prescribed, collaborate to help ensure that the erring individual has the space and support to hold herself or himself accountable.
A June 2021 report from the U.S. Department of Education found that, from the 2015-16 through 2017-18 school years, there was a 5% spike in the number of on-campus students arrests and a 12% increase in police answering calls to campuses.
Pure Earth and UNICEF reported in 2020 that, globally, one out of three children are exposed to dangerous levels of lead, a poison that gets into the bloodstream, then impairs the brain and the body in many ways.
The United States has made great progress toward reducing lead exposure from gasoline and paint. But more work is needed to protect all American children, including those whose exposure to lead during early childhood — and even while in their mother’s womb — has been linked to behaviors landing them in the juvenile justice system.
“Move the bodies.” That’s what a defense lawyer recently overheard an employee in juvenile court say, as if the young people being brought into the courtroom for the next hearing were animals to be herded. The dehumanizing of young people involved in the criminal legal system is common, unfortunately. Those comments, and the attitudes underlying them, can have detrimental effects on youth who hear themselves spoken about with bias, disapproval and disrespect.
Supporters of the juvenile justice status quo wrongly claim that community-based organizations are not yet strong enough to serve all youth who may otherwise cycle through juvenile courts, detention centers and on and off parole rosters. Ideally, opponents to reform say, youth would be served by nonprofits close to home, but that cannot happen until enough suitable nonprofits are available. This line of thinking ignores the community-based direct services already offered in many areas, from life coaching in Oakland to legal support in Los Angeles. Failing to adequately support these existing community services keeps us stuck in a cycle of waiting. Instead of waiting for community-based organizations to grow above and beyond their present capacities, how about we actually do the work required for their growth?
The U.S. Supreme Court last month affirmed that lifetime imprisonment without the possibility of parole is just punishment for Brett Jones, who was convicted in 2005 of murdering his grandfather, a tragedy that the then 15-year-old said was an act of self-defense.
In my 15 years of working with youth who cycle through the criminal justice system — initially as a social worker and, now, as a lawyer — I’ve represented exactly two white clients. Mainly, my clients have been Latinx kids and Black kids like that one whose tragic story I’ve partly shared. Too often, Black and Latinx kids aren’t granted the same allowances, including diversion from incarceration, that are given to white youth deemed guilty of the very same infractions.
Part of the solution lies in projects such as Ambassadors for Racial Justice, which trains juvenile defenders across the nation on how to combat systemic racism through case advocacy, community activism and legislation. Georgetown Law Professor Kristin Henning launched the program and National Juvenile Defender Center Executive Director Mary Ann Scali has been a driving force in its development; both of have been battling racial inequities in the juvenile legal system for more than 25 years.