At first glance, Saturday’s Remembrance Day for Nicholas Heyward Jr. seemed like the kind of late summer party that is so ubiquitous in Brooklyn’s housing projects, one last bash before the kids need supplies and clothes for the beginning of the new school year.
On Sept. 27, 1994, Nicholas Heyward Sr.’s life changed. His 13-year-old son, Nicholas Naquan Heyward Jr., was playing cops-and-robbers with a toy gun in the Gowanus Houses in Brooklyn when he was shot and killed by Brian George, a New York Police Department housing authority officer.
Mariah Charles woke up on Tuesday faced with a difficult decision. Does she take a plea to a crime she didn’t commit or go to trial — face the two officers who slammed her to the ground, arresting her on her way to school — and risk losing.
During my testimony before the U.S. Senate Judiciary Subcommittee on The Constitution, Civil Rights, and Human Rights last month, Sen. Dick Durbin (D-Ill.), chairman and majority whip, asked me if I am in favor of police on school campuses. To the dismay of some of my friends who stand by my side in this fight to dismantle the “school-to-prison pipeline,” I answered a qualified yes. Police on campus, I explained, must be specially trained in adolescent development, crisis intervention and fostering positive relationships with students. Two days later, a deranged shooter entered the campus of Sandy Hook Elementary School in Newtown, Conn. killing 20 children and six adults.
WASHINGTON, D.C. – Twenty-year-old Edward Ward, a sophomore on the honor roll at DePaul University, tried to describe to U.S. Sens. Dick Durbin (D-Ill.) and Al Franken (D-Minn.), the only senators left in the room by the time he spoke on Capitol Hill Wednesday, what it was like to grow up in his neighborhood on the west side of Chicago. “When I was 18, I witnessed a complete stranger’s killing mere feet from me in a neighborhood restaurant,” Ward said before the Senate subcommittee. “I was stopped by the police a few years ago. I saw them train their guns on me until I could show them the item in my hand was only a cell phone.”
Things didn’t get much better at high school, Ward said.
The federal Department of Justice (DOJ) is suing the Mississippi county, city and judges who they say systematically ignore youthful defendants’ rights, resulting in a well-beaten path from school to incarceration. “The department is bringing this lawsuit to ensure that all children are treated fairly and receive the fullest protection of the law,” said Thomas E. Perez, assistant attorney general for the DOJ Civil Rights Division, in a written statement on Oct. 24. The suit is being brought against the city of Meridian, Lauderdale County, the two judges of the county Youth Court and the state of Mississippi.“It is in all of our best interests to ensure that children are not incarcerated for alleged minor infractions, and that police and courts meet their obligations to uphold children’s constitutional rights,” he wrote. The DOJ published preliminary accusations against the now-defendants some 10 weeks ago, threatening a lawsuit if the Mississippians did not cooperate.
In 1991, The Arkansas Democrat-Gazette published an article on the state’s juvenile justice system bearing the ominous headline “Stacked in centers, youths in trouble fall through the cracks.” The story also featured comments from a consultant, who said – two years prior – “too many youths who could better be served in community-based treatment were being inappropriately and unnecessarily held in state confinement.”
Over the next seven years, matters only worsened for the state’s juvenile justice system. In 1998, The Democrat-Gazette published a five-part series entitled “Juvenile Justice: The War Within” detailing the failings of the state’s juvenile incarceration sites. Three years after the series was published, two juveniles at the Alexander Youth Services Center – the state’s largest juvenile incarceration facility – committed suicide within a span of six months. A year later, the Civil Rights Division of the United States Department of Justice conducted an investigation of the facility, determining that the conditions at Alexander were so substandard that the constitutional rights of detained youth were being violated. By 2007, state officials decided it was time to completely overhaul Arkansas’ juvenile justice system, culminating with the enactment of state Senate Resolution 31, which authorized a comprehensive study with the intent of reducing “reliance on large juvenile correctional facilities” within the state.
Newly collected data from the Department of Education shows that minority students are disproportionately subject to harsher disciplinary actions in public schools than their peers and offers insight into opportunity gaps for public school students around the country. More than 70 percent of students involved in school arrests or law enforcement referrals were black or Hispanic, according to the report. Black students were three and half times more likely to be suspended or expelled than white peers, the New York Times reported. The Civil Rights Data Collection’s 2009-10 gathered statistics from 72,000 schools, serving about 85 percent of the nation’s students from kindergarten through high school. While the disciplinary data is probably the most dramatic, the statistics illustrated a range of racial and ethnic disparities.