Juan Cloy remembers being suspended when he was at Provine High School in the 1980s. He and several friends got in a fight with some kids from the neighborhood at school. Everyone involved got suspended.
A Mississippi woman who was jailed for seven days for owing $1,000-plus in court fees had custody of her baby given to her mother. Fearing she would be jailed again, she didn’t return to court to get back custody and believed she couldn’t have contact with her infant.
After 14 months, she found legal help that returned her child to her. The city shut down the court of the judge who had issued the original order.
In a state regularly beset by lawsuits about conditions at some of its juvenile detention centers, an official Mississippi task force is starting work on diversion and setting higher standards. “This lack of sufficient staff has caused the facility to practice imminent and deliberate harm to youth … the facility is forced to place the kids on lockdown most of the day; not because they want to, but because it’s the only way to maintain any type of control,” reads a court-appointed inspector’s report on the Henley-Young Juvenile Justice Center in Hinds County, Mississippi. “This lack of appropriate staffing dictates the level of violence that is experienced in the facility.”
The lockup for up to 84 youth is unclean and “has a dungeon-like feeling.” Two juveniles admitted to the facility were allowed no phone call or shower. While there’s some limited recreational programming for boys, there’s none apparent for girls. That July 2012 report is a recent, but not unique, verdict on some of Mississippi’s juvenile detention centers.
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.
This story was produced in partnership with the Center for Public Integrity
Meridian is not alone under the DOJ magnifying glass. In a somewhat similar case in Tennessee, the DOJ says the Juvenile Court of Memphis and Shelby County has failed to inform children of the charges against them and of failing to make sure the children know what their legal rights are ahead of questioning. Like Meridian, the juvenile court is also accused of failing to hold timely hearings. There are varying definitions of a school-to-prison pipeline, said Jim Freeman, senior attorney at Advancement Project, a nonprofit legal action group that fights racial injustice. “How I like to define it,” Freeman said, “is the use of policies and practices that increase the likelihood that young people become incarcerated.”
That includes at-school arrests for minor behavioral incidents, as well as what he calls more indirect actions, like suspensions, expulsions or references to juvenile court or alternative schools.
In recent years, juvenile justice advocates, lawyers, policy-makers, and reformers have increasingly sought to raise awareness of the American phenomenon of the “school-to-prison pipeline.”
The term refers generally to the process in which substandard public schools fail to provide adequate support and resources for at-risk children and their families, resulting in high drop-out rates and ultimately leading to court-involvement, detention and incarceration. More specifically, the term refers to the pattern in which students who have committed school-based wrongdoing — whether by pushing another child in the hallway, taking a pencil from a teacher’s desk, or disrupting class — are summarily arrested, charged with violating a criminal offense, and prosecuted in juvenile delinquency court. After a judge finds them delinquent, youth are then placed on probation and court-ordered to comply with a long series of conditions, typically including that they not be suspended (or not be suspended again) from school. In many jurisdictions when a juvenile on probation is suspended — even for a minor infraction at school — the consequences of the violation may include incarceration in a detention center. Research has shown that youth who are disproportionately impacted by the school-to-prison pipeline are likely to be those who are already the most vulnerable: low-income students, children of color, English language learners, youth in foster care, students with disabilities (whether physical, psychological, or developmental), and homeless children.
An amended law that took effect July 1 made Mississippi the latest state to rethink how youth under the age of 18 are handled in criminal court. The new measure prevents most 17-year-old misdemeanor and nonviolent felony offenders from being tried as adults. Certain felonies including rape, murder and armed robbery may still warrant charges in the adult court system. Two other states, Connecticut and Illinois, passed similar reforms earlier this year bringing the national total to 39 states that view juveniles as any individual below the age of 18, according to a report issued last week by the Campaign for Youth Justice. “This is a good news report.” Liz Ryan, director of the Campaign for Youth Justice, -- a Washington, D.C.-based non-profit focused on the issue -- told USA Today.