

An 11-year-old denied making a threat and was allowed to return to school. Tennessee police arrested him anyway.
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In late September, Torri was driving down the highway with her 11-year-old son Junior in the back seat when her phone started ringing.
It was the Hamilton County Sheriff’s deputy who worked at Junior’s middle school in Chattanooga, Tennessee. Deputy Arthur Richardson asked Torri where she was. She told him she was on the way to a family birthday dinner at LongHorn Steakhouse.
“He said, ‘Is Junior with you?’” Torri recalled.
Earlier that day, Junior had been accused by other students of making a threat against the school. When Torri had come to pick him up, she’d spoken with Richardson and with administrators, who’d told her he was allowed to return to class the next day. The principal had said she would carry out an investigation then. ProPublica and WPLN are using a nickname for Junior and not including Torri’s last name at the family’s request, to prevent him from being identifiable.
When Richardson called her in the car, Torri immediately felt uneasy. He didn’t say much before hanging up, and she thought about turning around to go home. But she kept driving. When they walked into the restaurant, Torri watched as Junior happily greeted his family.
Soon her phone rang again. It was the deputy. He said he was outside in the strip mall’s parking lot and needed to talk to Junior. Torri called Junior’s stepdad, Kevin Boyer, for extra support, putting him on speaker as she went outside to talk to Richardson. She left Junior with the family, wanting to protect her son for as long as she could ...

New Report: Minors in ‘Solitary’ Hallucinate, Harm Themselves
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Some minors locked up alone for all but a couple of hours to protect them from adults, other threats
A new report on solitary confinement of minors includes harrowing descriptions of the psychological and physical impact ‘solitary’ has on young people, as well as surprising revelations about why some authorities resort to isolating juveniles. In “Growing Up Locked Down,” the groups Human Rights Watch and the American Civil Liberties Union report that a substantial number of detained juveniles minors are placed in solitary confinement as punishment, or as part of their rehabilitation plans – or even for their own protection. Some custodians, researchers found, say they put juveniles who are in adult lockups into solitary confinement as a way to protect them from attacks by adult inmates. Some minors interviewed said they were segregated in juvenile facilities for the same reason – to protect them from threats – and let out only for a couple of hours a day. Released in October, the report is based on research and interviews conducted in local and state detention facilities in Florida, Colorado, Michigan, New York and Pennsylvania.

California Youth Crime Plunge Challenges Conventional Thinking
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Unlike economists, if all criminal justice experts were laid end to end, they actually would reach a conclusion: there’s no way today’s young people could possibly have lower rates of murder, rape, other serious offenses, and all-around criminality than the sainted youth of the 1950s. Just look at the sweeping changes in American childhood: widespread family breakup beginning in the Sixties; escalating poverty levels since the 1970s; the rise of gang and drug cultures in the Eighties; widespread, vastly more explicit popular culture in the 1990s; soaring drug abuse, crime, and imprisonment among their parents’ generation; and defunded schools, services, and programs.
Consider also the fact that there are 6 million more American teenaged youths in 2011 than in 1990, with the fastest growth in racial groups with higher arrest rates. The rapid growth and increasing racial diversity of youth populations is a development two influential crime authorities branded “deadly demographics.” They forecast in 2003 that the United States would endure a skyrocketing youth and young-adult crime epidemic bringing well over 10,000 murders annually. Yet, falling crime numbers were debunking scary predictions. Now, the FBI’s latest 2011 data shows youth arrests plummeted to lows not seen since the mid-1960s for robbery, assault, and drugs, and the lowest rates ever reliably recorded for homicide, rape, property offenses, and misdemeanors.

Kentucky to Decide on Miranda Rights in Schools
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I did “something stupid,” said Kentucky high school student N.C., admitting to his assistant principal and the school’s sheriff’s deputy that he gave two of his prescription pain pills to another student. He was not read his rights, and the officer subsequently charged him with illegally dispensing a controlled substance. N.C.’s attorney is arguing that the student should have been informed of his rights to leave, stay quiet or call an attorney. N.C. was “in custody” when he sat in an office with Nelson County High School Assistant Principal Mike Glass and School Resource Officer Deputy Steve Campbell, talking about his empty prescription medicine bottle, argued Robert Strong, assistant public advocate. So the adults erred by failing the familiar Miranda warning: “You have the right to remain silent …”
“Given that the officer testified that the assistant principal was aware that N.C. had given some pills away before they interrogated him, the interrogation was a criminal investigation,” Strong wrote in his brief to the Kentucky Supreme Court. N.C. was not read his rights, so, Strong argued, the student’s statements to the two men should have been inadmissible in the criminal case against him. N.C., whose age is not given, was sentenced to 45 days in adult jail, on hold pending the outcome of his appeal.

A Holiday Gift from Me to You. Really!
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As we celebrate Thanksgiving and enter the holiday season, I am reminded of our annual family tradition, one that I imagine is shared by many across the United States. After gathering around the table with our plates piled high with turkey, stuffing and all the trimmings, we take turns sharing what we have been most thankful for during the previous year. The items listed are usually things we’ve had the good fortune to receive — whether they are material and concrete like a new purchase or relaxing vacation or something more abstract, such as the love of family, the company of friends, or recovery from an illness. Having just returned from Washington, D.C., for meetings and events related to my volunteer work with the Campaign for the Fair Sentencing of Youth (CFSY), I am rethinking what gives me the greatest satisfaction — and what I am most thankful for. CFSY is a national organization whose goal is to ensure that youth under the age of 18 are never sentenced to prison for the rest of their lives without hope of release.

Pondering the Limits of Criminal Justice Reform
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On Monday I spoke via Skype with a group of students enrolled at Georgetown University. Some friends of mine teach a class on social justice and conflict studies. Twice I have joined the class to discuss my own experiences with the criminal justice system, restorative justice, my current work, and any other insightful (and difficult) questions they come up with. Several wondered how prison could be changed to address issues of safety and violence, and whether or not restorative responses still allowed for incarceration. These are interesting topics to me, and I am able to talk about them with ease, but a few questions left me pondering the limits of criminal justice reform.