Minor Offenses: The Tragedy of Youth in Adult Prisons

By Guest Contibutor Antonio Ramirez, originally published at WireTap Magazine

Interview: Campaign for Youth Justice’s Liz Ryan talks about the thousands of teenagers detained in adult jails and prisons.

When 16-year-old Bobby Nestor’s mother found a marijuana roach in his jacket pocket she called the police, hoping to scare him. She never intended for her teenage son to be sentenced to an adult facility, or to be harassed and raped by older inmates. After four months, Bobby hung himself in his cell.

Bobby took his own life over three decades ago. According to a University of Texas report released last month, the years since Bobby’s suicide have seen hundreds of youth, many younger than 12, sentenced and incarcerated as adults.

The report stated that on any given day, over 10,000 youth under 18 are held in adult jails and prisons in the United States. These young people are more likely to be bullied, sexually assaulted and to kill themselves than youth held in juvenile facilities. They are also likely to be youth of color.

The Campaign for Youth Justice (CFYJ) is a Washington D.C.-based organization dedicated to ending the practice of charging youth under 18 in the adult justice system.

I recently spoke with Liz Ryan, president and CEO of CFYJ, about the organization’s work and how she believes youth can play a role in changing the face of juvenile justice.

WireTap: Can you talk a little about CFYJ’s work and vision?

Liz Ryan: We are a national organization working to end the practice of trying, sentencing and incarcerating young people under the age of 18 in the adult criminal justice system.

In the late ’80s [and] early ’90s, there were predictions that there would be an increase in youth crime. That was based on some prominent researchers saying that there were these young people who were remorseless [and] violent who would go places and commit very serious crimes (PDF). As a response to that, a lot of states passed laws that made it easier to send kids to adult criminal court. As a result, thousands of young people are in adult criminal court every year.

What we’ve seen is over 7,000 young people are in adult jails on any given day. And, on any given day, around 2,000 young people are in adult prisons.

WT: What effect does spending time in adult prisons have on these youth?

LR: There have been a number of pieces of research. The National Prison Rape Elimination Commission recently found (PDF) that young people who are in adult facilities are the most vulnerable to sexual assault. They also found that young people are not accessing educational opportunities or other kinds of services that they would have if they had been in a juvenile detention or corrections facility.

WT: Adult prisoners are more likely to be people of color. Can the same be said for incarcerated youth?

LR: Young people of color, particularly African-American and Latino youth, are much more likely to be given a sentence of incarceration if they are prosecuted in adult court than white youth who were charged with similar offenses.

The deeper you go into the system, the more young people of color you find. And you see disparate treatment of young people of color when compared to their white counterparts.

WT: Are there situations in which sending a person under the age of 18 to an adult facility is the best option for that individual and the community?

LR: The research is very clear that you are increasing the likelihood that a young person will re-offend if you send them to adult court (PDF). So why would we want to do that? Whether you are conservative or liberal, if you take a smart-on-crime approach, you are not going to want to see young people in adult criminal court.

WT: Can you give me a specific example of a young person CFYJ has worked with who was sentenced to adult court?

LR: One example is a young person named Dwayne Betts. He was charged and sentenced with carjacking at age 16 in Virginia and was sentenced to 23 years with three different felonies. He ended up doing eight years in five different prisons. When he got out of prison he was able to get a job, go to community college and just graduated and has also written a book.

[Dwayne's story] shows the potential of people that we’re throwing away if we keep sending young people into the adult criminal justice system. Dwayne devotes an entire chapter of his book to all the young men that were left behind, who are still in the prison system.

WT: What is the organization’s strategy for changing the way youth are treated in the criminal justice system?

LR: The bottom-line strategy is building political will, because the research shows it doesn’t work, isn’t safe and isn’t fair.

WT: Why haven’t these laws been reversed wholesale?

Members of Congress and state legislators need to know that there are constituencies of people who believe that young people should get a second chance. The research alone isn’t enough; public opinion and polling isn’t enough. There really has to be a concerted, organized effort by the young people, parents and families who have been most affected by this to come together and demonstrate to their elected officials that these kinds of laws need to change.

WT: Can you give an example of a local community that organized and had a victory?

LR: On July 17, 2005 a young man named David Burgos, age 17, committed suicide in an adult prison in Connecticut. His death galvanized a community of people to organize and push for change.

Connecticut’s law has a particularly dramatic effect on 16- and 17-year-olds. It basically says that 16- and 17-year-olds are in the adult criminal court; they never even go to the juvenile justice system.

David was incarcerated over a probation violation; it was a very low-level offense. So people started to talk about the issue and organize a coalition. For two years, the Connecticut Juvenile Justice Alliance launched its “Raise the Age” campaign and were successful in getting a law overturned. This legislative session [they] were able to get the resources appropriated to make the change.

So starting January 1, 2010, 16-year-olds will no longer automatically be in adult court in Connecticut. And within the next year, 17-year-olds will no longer automatically be placed in adult court.

Many of the mothers of children in the system came forward to organize. One was the mother of the child who committed suicide. During the legislative battle, she went and testified before the legislature and I’ll never forget what she said. She said, “Is my child not worth it? We need to make these changes because young peoples’ lives are at stake.”

WT: What role do you envision young people themselves playing in examining how youth are tried, sentenced and incarcerated?

LR: When I’ve seen young people testify before legislatures or elected officials, it has so much power. Young people, particularly those that have been in the justice system, are the most effective messengers on this issue. They are the experts. So part of what we’re trying to do in our campaign is bring [their] voice[s] forward, to have them tell their stories.

WT: What advice or resources can you provide for a young person who has been affected or is interested in this issue?

LR: They can certainly look at the campaign’s website. We also have a radio show on Blog Talk Radio every Thursday at 4:30 EST. We usually interview a young person, parent, researcher or somebody who is engaged in this issue around the country. We also have a Facebook page, so if they want to share a story or start getting involved they can join us.

We have also started a “Join the Movement” campaign, so if a young person wants to start a campaign in their community, they’ll get some tools and information on how to do that. But we really want to hear what they think about this issue and what they think we can be doing to help them organize a campaign in their community.

More information and resources are located at the Campaign for Youth Justice website.

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Comments

  1. Iggles wrote:

    Thank you for this post. I had no idea about this issue. These stories are really tragic. For a kid with decades long sentencing, I could see how the feeling of utter hopelessness could take root.

  2. Cassie wrote:

    The news about January 1 2010, makes my heart SING. It gives me so much hope that this could be a trend.

  3. Montclair Mommy wrote:

    I worry that simply working to up the age creates an artificial feeling of change in the justice system. What is the maturity difference between a 17 year old offender and an 18 year old offender? A mere birthday can mean the difference and, to me, that is unfair. How many 18 year olds do you know that completely stand on their own two feet? Hardly any. I understand that the problems in our justice system are so extensive that we have to focus on these concrete tasks. But it all seems so futile and like we’re creating just another arbitrary justification to adult incarceration. Why can’t each case be treated individually? I hate mandatory sentencing nonsense. Its yet another way to turn our backs on the youth that we are failing.

  4. Antonio Ramirez wrote:

    Iggles and Cassie:

    Thanks for your comments. If you’d like more information about Dwayne Betts, he was recently interview on the Tavis Smiley Show: http://www.rdwaynebetts.com/.

    -Antonio

  5. Jocelyn wrote:

    I disagree. Actions have consequences, and all individuals need to be held accountable for themselves and their decisions. If they are able to commit felony offenses, then they need to be able to accept the consequences of their actions.

  6. Bean421 wrote:

    Jocelyn,

    People advocating for a change in law are not saying that these youth should escape consequences they are advocating for appropriate sentencing. Studies have shown that developmentally teens do not have a fully developed frontal lobe. They are not adults and should not be sentenced like them. Ever.

  7. Montclair Mommy wrote:

    @Jocelyn, yes, you as an adult are aware that actions have consequences. But children and even teenagers are not always at the point in their development where that is really clear to them. This is the reason juvenile offenders are treated differently in the first place. A 12 year old that steals from a store or deals drugs is not the same as a 45 year old that steals or deals drugs. There are clear cognitive differences. I just wonder if there are clear cognitive differences between a 17 year old and an 18 year old and also whether ANYONE, no matter what their age, should be subjected to rape while they are in state custody. Yes, punishment is necessary but the punishment should not include rape and ultimately, suicide.

  8. Karen wrote:

    @ Jocelyn

    Not being put in an adult facility does not equate not recieving consequences.

    Adult courts and jails should not have minors in them. They are not for minors.

  9. Kamala wrote:

    Jocelyn: a ten year old is “able to commit a felony” by killing someone. Should they be tried as an adult? Facing consequences is one thing; putting a minor in jail with adults who will likely exploit/abuse him or her is another. It’s not just sentencing them to jail, it also makes them more likely to re-offend, commit suicide, etc.

    Montclair Mommy: I do agree that age limits are somewhat arbitrary. I don’t think, for example, that I matured that much between 16-17, or between 17-18. But we should be drawing the line somewhere. And there are plenty of problems with treating cases individually– I can imagine that youth of colour will be treated, as a whole, more harshly than white young people.

  10. ashlynn wrote:

    This campaign is so important, especially to young people of color. There are so many PoC youth who spend their entire adolescence in prison.How can you raise someone in prison? There is no doubt that there should always be negative consequences to negative actions, but at the risk of destroying someone’s second chance, even their life- that is not justice.

  11. Brooke wrote:

    @Jocelyn, of course actions have consequences. But what should the purpose of those consequences be? When teen offenders are as young as they are, that’s a prime time to rehabilitate and make sure they’re still able to have a full life as an adult, not to mire them in the mess that our prison systems are. When it comes to juvenile justice, the purpose should not be retaliatory and punishment.

    Of course, in my comment, there’s the acknowledgment that the adult prison system is broken and needs to be fixed as well, primarily when it comes to non-violent offenders, but I think it’s important to pay attention to the optimal answer for juveniles while we have them at such a young age and hold their futures in our hands.

  12. Joy wrote:

    Co-sign Karen & thanks Antonio for highlighting this issue & CFYJ.

  13. Montclair Mommy wrote:

    @ Kamala: [nodding my head in agreement] I wish we were in a place where all people, regardless of age, were treated humanely while in custody. But I agree that teenagers are much more vulnerable than adults. And, for many reasons, we have to draw the line somewhere. Personally, I think 21 would be a good age, but I realize that might not be politically possible at this time. So I’ll take what I can get (18, I guess). True, about the individualized treatment resulting in harsher treatment for POC–a negative for sure. I guess I was thinking that in an ideal world, judges would be able to take into account the circumstances of the person and lessen the sentence if that was warranted. Mandatory sentencing minimums don’t allow that. Then again, allowing sentences to be reduced might allow some people with money and influence to get off scot free…still, they usually manage to anyway.