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Justice dispensed to juveniles unequally

by Laura Salinger

Wisconsin Public Television (WPT) and the Urban League of Greater Madison recently concluded their six-part series "Community Discussions on Race and Diversity" with the topic of juvenile justice.

City and county officials who work with juvenile offenders, youths from the Neighborhood Intervention Program (NIP), and community members gathered at the Catholic Multicultural Center on Madison’s south side to view the Frontline documentary "Juvenile Justice" and to discuss the implications of trying youth as adults.

"Juvenile Justice" follows four teens for 15 months as they navigate the court system in Santa Clara County, Calif. Two are eventually tried as adults, while the other two are tried as juveniles. The film examines why some youths are tried as adults and others are not in a flawed system that often gives preference to White, middle-class offenders over poor, minority offenders.

"While their crimes are different and they come from diverse backgrounds, these four teens are all united by the fact that they each are at a crossroads in the system," Frontline producer Janet Tobias said. "One road leads to rehabilitation in the juvenile system; the other leads to punishment in the adult system."

Sixteen-year-old Shawn, who is White, repeatedly stabbed his father on Christmas night in 1998 in the affluent neighborhood of Los Altos, Calif. His defense claimed he was sleepwalking and had no memory of the event. Prior to the incident, he had been arrested and charged with strong-arm robbery.

After a series of court-ordered psychological evaluations, Judge Thomas Edwards ruled that Shawn remain in Santa Clara County’s Juvenile Hall until he turned 19. In addition, he was allowed to leave the facility for community college classes, counseling sessions, and Narcotics Anonymous meetings.

Shawn’s sentence surprised many, who claimed it was much too lenient. The prosecutor in the case said, "We have created the perception in the community that certain people are going to be treated differently in the system, because of where they come from."

The following October, Shawn thought his probation officer had discovered that he had used marijuana, and he ran away from juvenile hall. He was arrested four hours later by the police, who claimed he was belligerent. The police found it necessary to use force to restrain him.

Like Shawn, 17-year-old Manny was also arrested for a violent crime. He and two other gang members brutally attacked a family in his neighborhood in the fall of 1999. Manny was arrested and brought to court on four counts of attempted murder. The attack was his second violent felony, and the district attorney sought to have him tried as an adult.

Manny, a member of the Hispanic Norteno gang, had grown up in a troubled family in one of San Jose’s roughest neighborhoods. Embattled by life on the streets, he considered violence a necessity for gaining the respect of his peers.

Judge LaDoris found Manny fit to be tried as an adult, and Manny pled guilty to seven counts of assault with a deadly weapon. On Jan. 22, 2001, Manny was sentenced to nine years at state prison. He now has two adult violent felony convictions on his record. Under California’s "three strikes" law, he could be given a life sentence if convicted once more.

Manny and Shawn each committed a violent crime, but their trials had very different outcomes. It is these discrepancies in the juvenile-justice system that were discussed by Madisonians as they explored why some teens are deemed worthy for rehabilitation while others are viewed as a lost cause.

ULGM President and CEO Stephen Braunginn said that not only does juvenile-justice system fail some teens, but family, neighborhoods, and school support systems do too. He strongly believes that there are no "throw-away" teens and that the community is responsible for all its youths.

"This goes beyond just the issue of juvenile justice," Braunginn said. "When we have homes that are extremely dysfunctional, it’s important for the community to rally around that family and help them."

Braunginn said it is time to examine how we deal with kids who are in trouble. From 1992 to 1997, 44 states passed laws making it possible to transfer juveniles into the adult system, yet a Florida study found that youth transferred to the adult system had a 30 percent higher recidivism rate than those in the juvenile system.

"Our policies reflect our values, and we have decided — our lawmakers have decided — that there are "throw-away" kids when they pass laws that say a 10 year-old can be tried as an adult for a violent crime," he said. "A child is not born violent; a child learns violence."

A troubling aspect of the juvenile-justice system throughout the nation is the disproportionate number of minority youths who are in custody. Black juveniles are held in residential custody in the United States at twice the rate of Latinos and five times the rate of Whites.

As juvenile offenders negotiate court systems with the added possibility of entering the adult system, attendants at the event questioned if justice is really being done. For many, the question is not how teens should be punished, but how families and communities can prevent juveniles from entering the system and ensure that sentencing is equitable if they do.

Like the five other community discussions, this event gave Madisonians an opportunity to discuss a controversial issue and to better understand issues facing our community. The goal of the series is to bring a diverse group of people together and to provide them a safe place for open dialogue on racial issues.

Other topics in the series included the science of race, immigration, and the African American spiritual journey. The events were so successful that WPT and the Urban League have decided to partner again this spring to bring another series of community discussions to Madison.

Those interested in serving on an advisory committee or sponsoring future events can contact The Urban League of Greater Madison, 251-8550 or sbraunginn@ulgm.org, or contact the WPT Outreach Department at 265-9092 or outreach@wpt.org.