Betraying the Young Punitiveness toward juveniles is part of the “get tough” approach since the 1980s Almost entirely targets poor/minority kids Note: middle class kids usually get private (for pay) treatment because their families have health insurance and other resources for dealing with problems.

Betraying the Young Amnesty International Report Introduction: Basic Issues 1. In the Juvenile system: - abuse by staff is common - no recourse - isolation is routine - lack of education and mental health services

Betraying the Young 2. Juveniles in the adult system: Jails - victimized by adults, usually no facilities for children (school, exercise, etc.) Prisons - abuse, isolation, lack of education and mental health services

Betraying the Young 3. Death Penalty for juveniles: Only 6 countries allow dp for juvs Only 3 have carried out exec since 1995 All are repressive regimes! (except US?) (US Supreme Court recently banned execution of juveniles, largely in response to international developing standards.)

Betraying the Young 4.Some abuses violate laws, others are promoted by laws! Juveniles can be “detained” for things that are not even crimes if done by adults! -- “status offenses”

Betraying the Young International Human Rights Int Law sets minimum HR standards. Americans helped formulate HR laws but US govt refuses to adopt many of them. “States rights” is usually the excuse - “Federalism”

Betraying the Young The Juvenile System (excessive use of incarceration) Incarceration can cause permanent damage to juvs - but often done mindlessly - because it is “deserved” - no thought about long-term consequences

Betraying the Young Why excessive use of incarceration? - Punitiveness toward poor, minorities - Lack of community programs - Lack of mental health services Public funding is the main problem

Betraying the Young Effects of excessive incarceration - Physical abuse of kids - use of force and restraints (shackles, etc.). - Untreated mental illness - No accountability by staff Often a cheap operation with lowpaid staff

Betraying the Young Isolation (Solitary Confinement) Int Law defines juv isolation as torture -- as child abuse! Widely used in US juvenile facilities for both routine control and punishment

Betraying the Young Inadequate Mental Health Services Teens have developmental issues Problems are routinely punished rather than treated

Betraying the Young Juvs in the Adult System Growing trend - waiver to adult court Usually no special programs for juvs Many unacknowledged problems

Betraying the Young Lack of Separation from adults --> sexual and physical abuse by adults Increasingly harsh sentences, including life sentences - violates international law Failure to specify minimum age for waiver - violates international law

Betraying the Young Jail before trial - often for months – most jails have no special facilities for kids (education, exercise, counseling, etc.) Mindless incarceration leads to permanent damage and often continuing trouble into adulthood - some of the most violent adult offenders are grads of the juv processes.

Betraying the Young The DP for juveniles Violation of international law Finally banned by the Supreme Court in 2005

Betraying the Young Discrimination - gender and race Gender - prisons traditionally male, little attention to needs of females, esp. juvs. Race - discrim at every stage of system

Betraying the Young AI Recommendations - a good start.... Ratify and abide by international standards Use juvenile incarceration only as a last resort Monitor conditions and stop abuses of kids