The Age of the Child

When I first began practicing in juvenile delinquency court in North Carolina eight years ago, I was shocked to discover that the maximum age of jurisdiction is 15. This means if you are 16 or 17 and charged with a criminal offense, you are automatically prosecuted in adult criminal court. There are no exceptions, no possibility of waiving the rule, and no second chances. So, when a 10th grader pushes another student in the hallway of a school that has a zero-tolerance policy, the 16-year-old will face misdemeanor assault charges in criminal district court.  Likewise, a 17-year-old prosecuted for stealing a bike from a neighbor’s garage would face charges of breaking and entering as well as larceny.

Delinquent by Reason of Poverty

With the publication of Michelle Alexander’s provocative book, "The New Jim Crow: Mass Incarceration in the Age of Colorblindness," our attention has been drawn to the troubling reality that the majority of young African-American men living in our cities are either incarcerated or on probation or parole. As a result of the ill-conceived “War on Drugs,” our communities of color have been decimated, and a vast population has been left unemployable and disenfranchised. Professor Alexander powerfully demonstrates that America’s racial caste system did not end with the outlawing of state-sanctioned segregation but merely reconstituted itself. With the demise of Jim Crow, the criminal justice system now functions as our society’s system of racial control. Yet, there is an important piece of this picture that has been overlooked.

OP-ED: Shameful Treatment of Children in Meridian, Miss. Is Not the Only Example of School-to-Prison Pipeline

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.