Jul 31st, 2008
Posted by Ian Thompson, ACLU at 1:18pm	Racial Justice

A Great Morning for Juvenile Justice Reform

Great, great, great news! (How often do we get to say that, huh?)

Earlier this morning, the Senate Judiciary Committee met and passed, by a voice vote, reauthorization of the Juvenile Justice and Delinquency Prevention Act (JJDPA). Since the 1970s, this landmark law has been providing critical protections for youth who find themselves in the criminal justice system.

Not only was an important bill advanced, but it was actually strengthened by an amendment that was offered by Sen. Ben Cardin of Maryland and adopted on a bipartisan vote (listen, I’m as surprised as you, dear readers). The Cardin Amendment corrects a loophole in the JJDPA that allows so-called “status offenders” — youth whose offenses would not be considered criminal but for their age — to be placed in detention under certain circumstances.

What are status offenses you ask? They include things like violating curfew, being truant from school and running away from home. Studies have shown that there are better alternatives to confinement and more appropriate interventions for these young people that could draw them away from the school-to-prison pipeline and towards becoming productive members of society. Sen. Cardin deserves thanks (as do the 10 other Judiciary Committee members who voted in favor of the amendment) for helping to make sure this will happen.

Surely that must be all right? Amazingly enough, no! Last night, there was concern over a proposed amendment by Sen. Jon Kyl of Arizona that would have given prosecutors vast powers to try youth in the adult system (PDF). This would have been a real poison pill, but, at the last minute, Kyl chose not to offer it (something about waiting until the legislation gets to floor). I like thinking that maybe he saw the writing on the wall. If not that, then hopefully he recognized that that putting youth into the adult system not only makes them extremely vulnerable to abuse behind bars, but also greatly increases the chances that they will commit crimes down the road.

All in all, it was a great morning for those of us who care about improving the juvenile justice system.

Permalink |	Racial Justice

Tags: Civil Liberties News

1. Justadadathome Says:
   Aug 8th, 2008 at 8:01pm

   Passing a law like this is okay, but when will the American Judicial System see the harm to all the countless thousands of children by the Unconstitutional Adam Walsh Act and SORNA?
   Children, 17 years old, who chat online with a girl and talk of sex can be arrested and labeled a Sex Offender for the rest of their lives.

   Children, who touch another child sexually can be locked up, and marked as a sex offender for the Rest of their LIVES! Listen to one boy's horror story in an audio message, http://ww.cfcamerica.org
   Just under the roll of toilet paper, titled Ricky's Story. His whole life ruined by one, foolish mistake. Never a victim, but the courts do not care.

   When will the ACLU put a link on the left side bar of this website about all the horror stories, constitutional atrocities going on in our country? When will the ACLU start Addressing the issues of the United States creating a new underclass of people. Today it is not negros, jews,women, or others who are being banished, it is those Honest, hardworking, men and young children who have been labeled SEX OFFENDER who are being banished from society for things like Chatting on the internet about sex, Oral Sex, Crimes committed 30 years ago, or children having sex with children.... those are the types of people on the Sex Offender Registry.

   We need a Link on the left of this website like Voting Rights, Women's Rights, LGBT RIGHTS... HOW ABOUT SEX OFFENDER RIGHTS????

2. In Their Defense Says:
   Aug 20th, 2008 at 12:47am

   I completely agree. Who is going to stand up for those whose lives are shattered by being labeled, "sex offender"? Something has to be done to stop this nonsense!

3. Ann Mathews Says:
   Aug 20th, 2008 at 9:34am

   I agree with you justadadathome. There are many young men who are being unfairly punished for the rest of their lives for something they did years ago. Most of the times it was not violent acts. We need to have a way to differ betweenthe true pedofiles who are threats to society... and stop ruining the lives of countless young people for stupid mistakes. Let me ask... How many of us had sex before we were 18??? Now people's lives are runied by doing just that. It's time we stood up for the rights of all! We need to stop allowing the press and the government instill fear in our society that everyone on the registry regardless of what state you are in are predators because a huge majority are not.

4. Kathy Says:
   Nov 14th, 2008 at 10:05pm

   Sex Offenders and their families' lives are ruined with our current system. My 15 y.o. grandson is being charged as an adult for CSC 1st degree x30. Him & his stepsister have been experimenting for a couple of years - he has had his reputation ruined, articles in newspapers and scrutiny in school and he has not had his day in court yet. Do they think putting him in prison is going to keep him an innocent and be able to move on in life - NO. We have a prosecutor that loves the glory. Yes, a stupid mistake and how many kids understand the laws of this land??? Let's keep teaching sex education, but not the laws that go with it.

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