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Doing It to the Children
by Scott Soriano
With the electoral gladiator's refrain of "for the children,"
fading in the public's ears, Amnesty International has
released a report far more relevant and truthful than our
politician's platitudes. The report is entitled "Betraying the
Young: Children in the U.S. Justice System," and it is a
chilling document.
Human rights abuse of children in the justice system is deep
and widespread, according to Amnesty. Where hundreds of
countries around the globe recognize basic treaties and
agreements concerning human rights with respect to children,
the U.S. takes a fall. The Convention on the Rights of the
Child, the "most important treaty," remains unratified by the
U.S. Out of 192 governments, only the U.S. and Somalia are among the
non-signers. With other treaties such as the International Covenant on
Civil and Political Rights, the U.S. "reserves the right" to do such things
sentence those under 18 to death. U.S. recognition of international
agreements and ratification of treaties really isn't that big of an issue
when one understands that the U.S. has signed on to many human rights
treaties that cover children and, in practice, ignores them.
Through a combination of citizen paranoia, ambitious
politicking, and media sensationalism, fear of young people is
beyond reason. As a result, common misdeeds by youth, such
as school yard fighting and shoplifting, have been magnified
by parents and authorities. Where once these infraction
would have been dealt with by talking to kids or disciplining
them at home, these screw-ups are now seen as "gateway"
crimes that must be stopped cold. This mentality has lead to
the casual use of incarceration as a way to "teach" kids what
is "right and wrong." A U.S. Department of Justice
investigation of a juvenile facility in Georgia found these
examples:
an 11-year-old boy detained for threatening his teacher; a
12-year-old boy detained for making a harassing telephone
call; a 14-year-old girl detained for painting graffiti on a
wall; numerous youths detained after relatively minor fights
at school; a 16-year-old girl detained for
transgressing her fathers rules (throwing objects in her room
and not attending school); a 13-year-old girl detained for
stealing $127 from her mothers purse; children who had run
away from troubled homes; and children who were held on
charges of terroristic threat, which often involved
swearing at a teacher.
Kids are also "warehoused" due to "inadequate community-based programs"
that could serve as an intermediary between parents and jail. Amnesty
references a report by Louisiana state officials that "acknowledged that
secure facilities held many children who had been 'discarded' from mental
health, educational, child welfare and other systems of care."
In Georgia it was found that "children were being
systematically denied access to adequate mental heath
care...In certain facilities, mental illness was addressed
almost solely through `correctional responses,' including
isolation and the use of mechanical and chemical restraints.'
In Virginia, "a study of juvenile facilities found that there
were only 2.5 psychologists to see 300 children, although
around 40 per cent of the children were identified as having
mental health or suicide watch needs." Though Amnesty
doesn't bring it up, surely this situation is a cause of the
obscene transfer of taxpayer money from schools and social
welfare to law enforcement and incarceration.
Once inside juvenile facilities, along with lack of services,
kids will find themselves overcrowded (40% over capacity),
with staff that is not adequately trained, and, if they are lucky,
"punched, kicked, shackled, sprayed with chemicals and
[subjected to] electro-shock devices." In Kentucky, the U.S.
Department of Justice found that Daviess County Detention
Center staff "regularly used stun guns and pepper spray to
control uncooperative youth." Staff at a South Carolina
facility, according to a court complaint brought on by the
facility's residents, "enforced orders" with "gas" and
"punched, choked, and kicked" juvenile inmates. Solitary
confinement to punish, though it is "prohibited by
international standards on the grounds that [it] is cruel,
inhuman or degrading treatment," is "common." In 1992, a
national study concluded that there had been "435,000
occasions" where kids received solitary confinement for "a
period of 24 hours and 88,900 occasions [when it had been
used] for more than 24 hours."
Perhaps the most famous, recent case of the abuse of children through
solitary confinement is that of Nicholaus Contreras. This from the Amnesty
report:
Nicholaus Contreras was incarcerated at the Arizona Boys
Ranch, a juvenile corrections facility, in 1998. While there,
he was repeatedly placed in solitary confinement for such
transgressions as talking to staff without permission and
carrying cleaning fluid to his assigned work area (9, 10, 11,
and 12 February). He was again isolated on 23, 25, 27 and
28 February for "lethargic effort in exercise" and complaints
of feeling ill and tired. On 2 March he was isolated for
failing to listen to staff about his attitude to exercise; later
that day, Nicholaus died while staff "assisted" him to do
push-ups.
Destroying kids through solitary confinement is not the
only out-and-out violation of "international standards." The
U.S. also has included the incarceration of kids in adult jails as
another weapon in its "War on Juveniles." From "recent
data," Amnesty contends that "about 200,000 children a year
are prosecuted in general criminal courts; at any time, about
7,000 children are held in jail before trial; and more than
11,000 children are in prison and other long-term adult
correctional facilities." Against international trends, children
in adult prisons are treated as adults. Amnesty found that
"contrary to the assurances of the U.S.," children "as young as
13" are imprisoned with adults. Many of these kids are
subject to rape and beatings by adult inmates. Fifteen year-
old Paul Jensen, imprisoned in South Dakota State
Penitentiary, writes to his sentencing judge:
Judge Zintner, I have an important question to ask you!
Would you please move me out of here? Please dont leave
me here with all these adults. I cant relate to any of them.
They pick on me because I am just a kid. They tease me and
taunt me. They talk to me sexually. They make moves on me.
Ive had people tell me Im pretty and that theyll rape me...
Im even too scared to go eat... Its too much for anyone my
age to handle... Please help me with this.
As of September, 1998, Jensen was still housed with adults.
The incarceration of kids in adult jails is a direct result of
the drive by conservative politicians and the capitulation of
liberals to get "tough on crime." There is no evidence of any
sort that throwing children into adult prisons does anything to
"rehabilitate" young offenders. Often the highly politicized
sentencing process dictates that minor offenders, such as
beer-thief Yazi Plentywood, be sentenced without regard to
common sense. The 16 year-old Plentywood was sent to the
adult state prison in Cottonwood, Idaho for shoplifting 2
bottles of beer while on probation for trying to steal a few
cases of beer. "In 15 states, children accused of committing specified
nonviolent offenses such as burglary, offenses involving weapons and drug
offenses must be prosecuted in criminal courts." Amnesty also states that
fewer than half the juvenile cases referred to adult criminal court involve
acts of violence.
For some, throwing kids in adult jails isn't enough. Currently, twenty-four
states "permit the use of the death penalty against those under 18 at the
time of the crime." Some politicians are "calling for children as young as
11 to be made eligible for the death penalty," though the U.S. Supreme
Court has ruled that 16 is the minimum age the state can kill kids. Nice
guys, them justices. Since the 1994 ratification of the International
Covenant on Civil and Political Rights, the U.S. has killed six prisoners
who
committed capital offenses under the age of 18. Two were
killed in 1998. As of June, 1998, 70 people who received the
death penalty as minors are sitting on death row. Only 14
states have legislation enforcing 18 as the minimum age of
state sanctioned murder.
Because it has been proven time and time again that the
death penalty does not work as a deterrent, executing people
convicted of capital offenses is nothing but revenge. A
system which aids 40 to 60 year-olds in their quest for
vengeance against 16 year-olds is pathetic and sickening.
It goes without saying that Amnesty International's report
on children in the U.S. justice system is bleak. Dostoyevsky
once wrote that a society must be judged by the state of its
prisons. Others say we must look at how we treat our
children as a yard stick to how "humane" we are. I suggest
we look at our kids in jail and how they are treated if we are
to look at anything at all. In order to right this situation
Amnesty offers up a slew of suggestions from state overview
to adhering to international treaties and agreements.
However, without a citizenry actively engaged in abolishing
the present system of retribution nothing is going to change.
If the Amnesty report is anything other an excuse to spend a
week in a depressed, drunken stupor, it is a call to arms.
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