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The Nation's Pulse
Juvenile Abuse
America’s juvenile justice system is a scandal.
When former Luzerne County (Pa.) Court of Common Pleas judge Mark Ciavarella was convicted last month on racketeering and bribery charges connected to the convictions of more than 2,500 juvenile offenders, it marked the latest chapter in one of the nation’s most-sordid criminal justice scandals.
For seven years, Ciavarella and his partner in crime, former presiding judge Michael Conahan, helped funnel $1.3 million a year in taxpayer dollars to cronies operating two private jails. They often helped fill the pockets of the operators by tossing alleged youth offenders — many of whom were first-time offenders charged with misdemeanors such as spraying graffiti, writing prank notes, and truancy — into those jails, often finding the kids guilty in less than two minutes (and essentially denying the kids the right to lawyers to boot). In exchange for Ciavarella and Conahan’s beneficence, the jail operators kicked back more than $2.6 million — including $997,600 just for shutting down Luzerne County’s government-run child jail.
Only in 2009, after a decade of complaints often ignored by Ciavarella and Conahan’s fellow judges and Pennsylvania’s Supreme Court, did federal investigators bring down the entire “Cash for Kids” scheme. Since then, several hundred of the guilty rulings handed down by Ciavarella have been overturned while the cases themselves have been expunged. This, unfortunately, has come far too late for many of the young men and women who now must deal with the scars, physical and otherwise, from Ciavarella’s wrongful convictions. One teen caught in Ciavarella’s grasp committed suicide less than a year after spending time in one of the juvenile jails.
Journalists such as former Wall Street Journal scribe Thomas Frank, syndicated columnist Leonard Pitts, and Reason Senior Editor Jacob Sullum either simplistically conclude that Cash for Kids epitomizes the consequences of privatizing prisons or argue that it represents the over-criminalization of American life. None of this is gets to the heart of the matter. The scandal is just the latest and most extreme example of a system that is dysfunctional and costly to kids and taxpayers alike.
Last year, the U.S. Department of Justice shocked the nation when it revealed that one out of every three kids held in 13 juvenile jails and prisons were sexually abused by guards, other employees, or fellow inmates. This included 37 percent of kids imprisoned at the curiously named Backbone Mountain Youth Center, and Indiana’s Pendleton juvenile prison, which has become nationally known thanks to the popular MSNBC reality show Lockup. Nationally, 12 percent of all juvenile prisoners reported molestation and other forms of sexual abuse.
The juvenile court system in Indianapolis came under scrutiny in 2006 after allegations surfaced that nine employees at the juvenile jail were sexually abusing youth offenders; this came after revelations of rampant overcrowding. While prosecutors couldn’t sustain those charges in court, the author of this piece revealed in a series of editorials and columns that juveniles were often denied attorneys and, in some cases, were being falsely convicted of crimes. For example, one 16-year-old was convicted by one juvenile court magistrate for allegedly molesting her three year-old son and photographing the action; the conviction was overturned after appellate judges found that the photo used to justify the conviction actually showed the young woman kissing her child’s belly. (The judge who oversaw the entire mess, Jim Payne, now works under Indiana Gov. Mitch Daniels as head of the state’s child welfare agency.)
Meanwhile, Texas had to overhaul its entire juvenile justice system in 2007 after it was revealed that 4,700 convicted youths were kept in juvenile prisons or on probation beyond their original sentence. The state also revealed that 2,000 kids in the state’s juvenile prisons were allegedly subject to abuse. And in Chicago, the infamous Cook County juvenile jail came under watch after news that guards were abusing inmates; the county government eventually turned the jail over to the county’s judges.
Such rampant abuse was not what progressive-era reformers had in mind when they began pushing for the creation of juvenile courts at the turn of the 20th century. Activists such as Hannah Kent Schoff, an early president of what became National PTA, were outraged that children and teens were landing in adult prisons — sometimes at the hands of parents annoyed that their kids wouldn’t work in factories — for mischief and essentially becoming apprentices to hardened felons. So they carved out an alternative to the criminal justice system in which judges would sort out mischievous kids from budding sociopaths, then use probation and social workers to help youths get onto the straight-and-narrow.
But such a system, along with welfare policies that discouraged two-parent families, essentially gave parents the license to abdicate their own responsibilities to be good parents; so many dysfunctional parents turn to the juvenile courts for help, overwhelming the system. America’s woeful public schools also contribute to the problem Two decades of often-nonsensical zero tolerance rules and the presence of police officers in school corridors have resulted in more pranks, graffiti incidents and schoolyard brawls landing in courthouses. The overdiagnosis of students with learning disabilities also contributes; 30 percent of incarcerated youth surveyed by the U.S. Department of Justice were diagnosed as being special ed cases, while a team led by University of Florida professor Joseph C. Gagnon determined in a 2009 study that between 38 percent and 44 percent of juvenile inmates were taking special ed classes.
Two-thirds of the 2.1 million juvenile arrests made in 2008 were for misdemeanors such as vandalism and so-called “status,” or age-based, offenses like underage drinking and truancy. In Arizona, for example, the number of juvenile court cases originating out of schools increased by 41 percent between 1995 and 2004, according to a study led by University of Massachusetts, Amherst professor Michael Krezmien released last year. A child pushing a snowball through a teacher’s open car window is as likely to land before a juvenile court judge as a member of the Crips caught in a street fight.
Add to the mix the reality that juvenile court judges not only run the courts, but often the juvenile jails and probation departments, and suddenly, the system becomes chaotic. State laws often allow the judges much wider discretion in sentencing, with convicted youths often falling under the watchful eye of the court until age 21 or long after they reach adulthood. So a teen on probation can end up in jail because of another act of mischief. With few checks and balances — including defense attorneys, criminal procedure, and even law enforcement — found in adult courts, juvenile courts can be ripe for abusive judicial behavior. This is especially troubling because only three states mandate that alleged youth offenders must have lawyers; in many states, parents can even waive their child’s right to counsel — even if they are the ones who brought charges in the first place.
Juvenile justice systems escape any easy reform. There are certainly kids who belong in juvi, but far too many shouldn’t be in courtrooms. Ensuring that alleged child offenders have lawyers at every step would at least help give them due process; in fact, juvenile courts should adopt all the legal aspects of the adult criminal justice system since the penalties for juvenile conviction can sometimes be just as serious as those faced by adults. More stringent scrutiny of juvenile prisons, jails, and probation departments would also help. Even better would be for schools and states to drop the zero tolerance laws; this (along with overall school reform) would keep more kids out of courts, jails, and prisons.
But the best solution starts at home and in communities: Parents need to take better care of their kids from birth. And communities can help by setting good examples (including embracing marriage and the Golden Rule). Courts were meant to preserve law and order, interpret laws and mediate disputes that would otherwise be handled in less civilized ways. They weren’t meant to solve the most deep-seeded social ills — and they’ve proven it time and again at the expense of kids.
About the Author
RiShawn Biddle the editor of Dropout Nation , is co-author of A Byte at the Apple: Rethinking Education Data for the Post-NCLB Era. He can be followed at Twitter.com/dropoutnation.
Letter to the Editor View all comments (39) | Leave a comment
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Appleby| 3.11.11 @ 6:54AM
Hey kids! Come to Kanukistan, most particularly, Ontario, and commit your crimes! We never lock up anybody under 18, even for serial rape, and when we let you go, we do not tell the community who you are, what you look like, or how many rapes you committed! Commit mass murder and you get *life in prison* which means about 3 years, plus a free university education and day parole after about 18 months! (Sentences here are concurrent, so after your first murder, the rest are free.)
In fact, commit mass murder in the USA and come to Canada and you cannot be extradited if you might get the death penalty!
In fact we dont even lock up terrorists under 18 up here. Sit in your cell and cry for your Mommy(whose website says her fondest wish for you is that you die a martyr having killed as many Jews as possible) and the Judge will send you home with no charges!
Peruse our daily papers and you will see kiddies with 51 priors released with a finger wag -- and even one case after a massive gang sweep by our excellent police force in which the Judge not only freed the majority of those gang bangers collected, but PAID THEM $2,000 EACH FOR THE INCONVENIENCE!
Yes, Ontario Canada is insane. Come up here and see
Alan Brooks| 3.11.11 @ 8:24AM
"For example, one 16-year-old was convicted by one juvenile court magistrate for allegedly molesting her three year-old son and photographing the action; the conviction was overturned after appellate judges found that the photo used to justify the conviction actually showed the young woman kissing her child's belly."
Geez, good thing she didn't kiss him on the mouth, because then she might have gotten a life sentence.
Mitch Angoop| 3.11.11 @ 9:37AM
Alan,
Good post. There is hope! I'm not quite sure how to react to this article. On one hand, we have 20 or 30 years of complete stupidity on the part of schools and the cretins who manage them. We are inundated with reports of 5 year olds arrested for sex offences because they hugged a friend or drew a picture that some mental midget teacher assumed looked like something offensive. This serves to illustrate the unbelievable stupidity of the kinds of teachers being turned out by our teaching colleges.
On the other hand, we really DO have an epidemic of violent criminals essentially getting away with hideous crimes of violence and abuse simply because they happened to be under 18. These offenders are dangerous hardened criminals and need to be dealt with harshly; if for no other reason than to get them out of society. Our whole system of criminal 'justice' seems to have morphed into a 'take a vicious, violent criminal' to anywhere they want to go program.
Harsh punishment may be unpleasant, but that's why they call it punishment. Apparently, our justice system has forgotten that part of their function is to protect the rights and lives of the innocents who pay to keep the system going.
I remember the old saying from the 1970s in New York City: "Hell hath no fury like a liberal who's been mugged." How true...
Alan Brooks| 3.11.11 @ 12:05PM
Get this: if a burglar is injured breaking into your house, he can sue you- and win!
If someone assaults you "only" trying to injure you, you can't fight back, you have to run, or wait until the attack is over and then seek first aid.
JUDGE: "you had no right to kill your attacker, he only scratched one of your eyes out-- not both."
No hope for it.
Bob K.| 3.11.11 @ 7:13AM
Everybody involved in this sordid matter is a Democrat. Prosecutors and defendants both.
I am from this area. Former Judge Ciavarella was charged with 39 counts and convicted on 12 of them. None of the convictions involved "Cash for Kids" as it was described by the news media here. The jurors apparently did not believe the people who testified against him.
There is a 2nd Juvenile Center on which this one was modeled operating in Butler County just north of Pittsburgh and run by the same people as the one in Luzerne County which does not appear to be a subject of investigation. The owner is from the family of a former PA supreme court justice and the current Pittsburgh (Allegheny Co) District Attorney also has the same surname.
Steve A| 3.11.11 @ 9:35AM
Bob K, Any explanation as to why the kid who comitted suicide was JAILED for possession of drug paraphenalia?? Judge was having a bad day perhaps. I'm sure you would understand if it was your son......
Bob K.| 3.11.11 @ 10:21AM
I have been told and also have seen something to the effect that this young man (who was an outstanding high school wrestler) had a history of other offenses (some more serious?) prior to this offense. The details here are sketchy and largely unconfirmed. Juvenile cases are not made public. The local media did not go into this in any detail. In any case, the former Judge stated (and was quoted in the local media) that he had no recollection of this case. My speculation, and it is only speculation, is that the Judge looked at the prior history and based his decision on this.
Bob K.| 3.12.11 @ 12:31AM
What is also not mentioned and has been largely ignored is that other Counties in the Commonwealth were sending Juveniles to this facility too.
PCC| 3.12.11 @ 6:18AM
Good point, Bob.
If he wasn't guilty of the crime in question, he was probably guilty of something else that he wasn't caught for, or for which they didn't have enough evidence, so locking him up was probably the right decision anyway.
Is that how it works?
Bob K.| 3.12.11 @ 9:08AM
There was an old Juvenile Detention Center in the County which had to be closed first after this new one was built. The facts are complicated but it appears the bribery was involved in this maneuvering. One of the individuals involved was described as the largest developer/builder of commercial real estate in the Commonwealth. He pled guilty and in turn cooperated with the federal investigation. There were quite a few people involved in this other than the Judges. Other matters involving Bribery of School Board members that were not part of this investigation came to light and a number of prosecutions resulted. Another Judge not connected to this scandal had to resign when other matters came to light. Another Judge was denied retention at a retention election when it came to light that he had vacationed at a vacation home in Florida owned by one of the protagonists in this scandal although he was not connected to this "kids for cash" scandal. A senior retired Judge from the center of the Commonwealth was brought in to help with the workload after all this and he became involved in a domestic dispute where his wife filed for a Protection From Abuse order and he had to be removed from the bench too. It became a "perfect storm" and the investigations still continue.
Bob K.| 3.12.11 @ 5:21PM
PCC,
The judge found him guilty of the crime committed. It was the matter of the sentence he issued that was the problem. Only the judge knows why he made that sentence and put him in detention.
Mitch Angoop| 3.11.11 @ 9:46AM
Since Pennsylvania has been ruled by dems for so long, it makes a good model of the main difference dems and republicans. Typically, dems look at public employment and elected positions as their natural birthright; something that they deserve because they are obviously smart and deserving. That's why so many of them cling to these positions for obscenely long times. Soon, the natural inclination of the self annointed eletist transforms into a self justified thought that they deserve to make more, regardless of legality. Go back and check out the sordid Pennhurst State School and Hospital scandal. (In an effort to be clear, there were also some republicans involved in that, but it was overwhelmingly a dem show.)
Republicans, on the other hand, tend to see public service as something one does after they've earned success in another field of endeavor; sort of a compensated form of 'give back'. Of course, there are also republicans every bit as bad as dems in this sordid story, but, there are so many more dems than republicans in the game for the long term.
The longer one steals and cheats, the easier it becomes to justify it and simply forget that, not only is it wrong, and criminal; but it is ruining somebody's life; either victim or perpetrator.
Big Leo| 3.11.11 @ 10:16AM
I worked in the justice system in northeastern PA back in the sixties and seventies. It was so thoroughly corrupt it was mind boggling. I doubt that it has changed much.
Bob K.| 3.12.11 @ 5:17PM
Mitch,
Pennsylvania has not been ruled by Democrats all the time by any means. The governor's office usually changes hands every eight years. Now it is in the Republican's hands. For the last 8 years or so the Republicans controlled the Senate and the Democrats controlled the Lower House. It was nip and tuck for both houses during this time as neither party had large majorities.
Now the Republicans have control of all three. PA got more new Republicans at all governmental levels in the 2010 elections than any other state: Both numerically and percentage wise.
Deborah D | 3.11.11 @ 8:23AM
This is the most sickening story I've read since that other PA story about the abortion/sadistic baby murdering clinic. My goodness, PA, you need to get your Democrats under control.
Mitch Angoop| 3.11.11 @ 9:50AM
During the 2000, 2004, and 2008 elections the democratic candidate for president received more votes in the city of Philadelphia than the census showed existing! Amazingly, the GOP candidates actually received a few votes too; but there is NO way a republican will EVER win an election in Phila until the voter registration rolls are destroyed in a surprise action and every person must register again with proper, legal indentification. Actually, this needs to happen all across the country, especially in the large cities where dem fraud runs rampant. Frankly, I no longer trust vote totals from any blue state, especially the cities.
scythe| 3.11.11 @ 9:40AM
Notice how those who are screaming to free Mumia are part of this whole squalid mess? In fact, every time a new "crime" is created, there is a holier-than-thou left winger behind it. The ones who keep telling us we on the right are law and order types. Yeah right. Take a look at what boys and young men have to put up with now. I have an elderly father who likes to point out that had he grown up now, he would have been a "felon" by the age of 21. Drunk driving? A traffic offense until just a few years ago. How many people have been killed on the road because THEY WERE ON A CELL PHONE? Drunk or texting leading to death on a highway. What's the difference?? If your goal is to eradicate such horrors, then you either create a felony class for cell phone users or you drop the DWI. If the end result is the same, why the discrimination? At least the drunk can claim leave of his senses. How many people reading this have driven after a few drinks, arrived home safely because they were not "impaired" but because more Federal dollars are flowing when the limit is lowered, that individual is now a criminal? We have too many laws criminalizing everything, from growing up to talking out of turn, and now thanks to ObamaCare, for not purchasing health insurance. And a judge has recently ruled that are "thoughts" are open for scrutiny. And take a look folks - most of this garbage is coming directly at you from the peace, love, and justice crowd who continue to find ways and means of supervising and controlling every aspect of everyone's lives and enjoy the cash that comes with it. If their rules, regulations, and laws can't create a lifetime of spiritual jail time, they'll make sure we get the real deal. Seen too many local cops wield power beyond what is appropriate, use their power to destroy the less favored, and others skate because they are. There are too many stories coming from all parts of this country that should make many at least question a knee-jerk support of anything having to do with the police, courts, and the legal system. They are just as human as everyone else. But they have the power over death and life. Pretty friggin' scary.
RB_NC| 3.11.11 @ 10:30AM
Where is Father Flannigan when you need him?
KyMouse| 3.11.11 @ 10:38AM
I'd like a few words with the bright bulb who spent a few moments on Tuesday spray-painting his logo on the trunk of our maple tree out front, and another tree a few houses away.
Yesterday, that same logo appeared on someone's garden gate nearby.
I know it isn't a Japanese earthquake, but little crimes eat away at the fabric of society, making neighbors distrustful, resentful and suspicious ("Was that YOUR kid?").
And the perps are waiting to see how quicklyor slowly the damage is repaired -- Broken Window Syndrome.
Feh. Decorate your own property, perps.
Hillel| 3.11.11 @ 11:13AM
It isn't just PA. Think of his fraudulence the Jr Senator from Minnesota. However,about the Juvenile System: There's no "Due Process" because every one is there to help. G-d save us from those who are only there "to Help."
Handy| 3.11.11 @ 12:02PM
RiShawn, you said, "But the best solution starts at home and in communities: Parents need to take better care of their kids from birth. And communities can help by setting good examples (including embracing marriage and the Golden Rule)."
As to the first part, right on. Trouble is that we have coddled families through income tax breaks and freebies such as public education for too long. The wrong people are getting married and breeding. They see marriage and kids as ways to board the gravy train. These types of men and women do not turn into responsible parents.
As to the second part, I guess you agree with Hillary that "It Takes a Village."
It is time to stop subsidizing families and kids. Maybe if they had to pay their own way, they would think twice about hitching up and procreating. We would have fewer "juvies," and we could save tons on the divorce courts.
Alan Brooks| 3.11.11 @ 12:47PM
No, only saltpeter, Paroxetine, and cold showers will do the trick.
ncatty| 3.11.11 @ 1:28PM
I am working on a program that I will take to the schools entitled: "You can do it! Become a member of society's permanent underclass." Three simple steps: Drop out, get pregnant or father children, and remain single. Just follow these simple steps and you too can become a member of the permanent underclass! Its also inclusive, diverse, community-minded and filled with self-esteem.
Bill Sundling| 3.11.11 @ 2:19PM
A lot of juvenile offenders need to be locked up. We live in a society where many of the young have no respect for authority, other people or their property. Leading the article with a story about fraudulent convictions is really intellectually dishonest.
LiveFreeOrDie| 3.11.11 @ 2:40PM
Did you actually READ the article? It's dishonest to report the facts because you think there's a, "...lot of juvenile offenders need to be locked up." Brilliant observation. Holding kids in jail long after their sentence is up is O.K. because there's just too darn many delinquents out there eh? Really? And it's also O.K. that children who didn't deserve a jail sentence received one anyway. And it's also O.K. that those same children were sexually abused by the staff...they were probably asking for it with their disrespectful attitudes, right? Next time it will be YOUR child or grandchild and I bet your thinking will change in a heartbeat.
scythe| 3.11.11 @ 3:21PM
Do you understand the gravity of the article? Do you understand that in today's world that even if you are CHARGED, that follows you around for a long time? In the day of the internet, there must be extra care applied in treating people, young and old, as fodder for the police and courts. Les Misérables coming to a courthouse near you . The police have long forfeited their mantle of virtue and righteousness as far as I and many I know are concerned. Seen too much raw power being used by those who have underlying personality problems. Most of the "police" I know were the high school bad boys who didn't have what it took to figure out what to do with the rest of their lives. So they joined the FORCE. Notice the word? Why do you think it's called that, huh?
LiveFreeOrDie| 3.11.11 @ 2:31PM
Penalties for this kind of blatant abuse should be doubled for officers of the court, attorneys or corrections officers. Maybe triple for judges...
Walkthetalk| 3.11.11 @ 3:09PM
Actions are only a manifestation of the spirit. Everyone is born in sin. Sin enslaves the entire being and flips morality on its head. Good is seen as bad and bad is deemed good. Thus everything produced from a society that has rejected God is bad. Sin is why you see crooked actions by judges, and children and their parents. The children of parents enthralled by sin have no chance of even learning what is right, especially when peer pressure is added in. Those who reject Jesus cannot ever be trusted to do right because sin is a powerful taskmaster. RiShawn said, "But the best solution starts at home and in communities: Parents need to take better care of their kids from birth. And communities can help by setting good examples (including embracing marriage and the Golden Rule)." The only way these can be implemented is in a Christian society. When someone born in sin repents, turns to Jesus and away from sin, he receives the Holy Spirit who rights morality to make good be seen as good, and opens eyes to what is right to do. The Holy Spirit then gives power to the repentant person to actually do what is right. (See www.christforamericans.com for more on this.) If some people in America want to see a righteous and moral population then a righteous spirit is the only way righteous and moral actions can be produced.
sue| 3.13.11 @ 7:38PM
actions are only a manifestation of the spirit. That is a very densely miningful statement. Worth a serious meditation. Thank you for your wisdom . We dearly need more of that.
Renaissance Nerd | 3.11.11 @ 5:00PM
I think we should just bring back the Roman punishment prescribed for public officials that betray their offices: sew them up in a bag with a badger and throw them in the river. Wait...poor badgers...
Pat| 3.11.11 @ 7:31PM
C’mon, this article is mostly a lot of Hoo-Hah. Some unindicted, co-conspirators employed within our Justice System got away with it for far too long – took their greed out on children – and our so-called Justice System couldn’t protect them or us from our so-called Justice System. The entire Criminal Justice System was established and constantly expanded to make money for lawyers and “respected jurists”. We know it, the criminals know it and, most importantly, the legal profession knows it. For today’s egregious offenders, we can’t hang em’ high, that’s too barbaric – even these pathetic thieves got their day in court – meaning much taxpayer money was spent and even more will be spent on this particular case, wages and retainers throughout the entire “crook” supply chain were paid, the whole corrupt process got its usual pound of financial flesh out of this crime – only the kids were the uncompensated victims of the very system established to protect them.
Strangely enough, abusing defenseless kids, both mentally and physically, is considered less barbaric than summarily hanging these worthless examples of our legal profession. When you think about it in some depth, which our trial lawyers, prosecutors, probation boards, sentencing specialists, psychologists and respected jurists often do, hangings cost the Public very little - some rope on sale at Home Depot, a cheap pine box, a couple shovels to dig a hole with – not much profit for members of the bar and their willing co-conspirators in that overly simplistic nonsense.
The reason the Criminal Justice System doles out so much “justice” is because that’s where the money is – when we wake up someday and decide we need a functioning Criminal Justice System, Home Depot will immediately start stocking a greatly expanded variety of ropes and assorted hanging supplies.
MikeN| 3.11.11 @ 10:27PM
And I thought Leverage was being silly for having this as one of its plots.
Lee| 3.12.11 @ 8:57PM
RiShawn, It's truly heartbreaking to read about such juvenile abuse. However, I would encourage you to check out the "Community Justice Board" in Tucson AZ (run by the District Attorney). It has a tremendous record of success -- where the courts have failed our youth. If you want an uplifting followup to this story, you'll find it in Tucson.
vladdy| 3.13.11 @ 5:04PM
I've taught these kids in high school. With a good behavior mod program of rewards and consequences, you can see miracles in some of them, as they've never had that before in their lives. Unfortunately, too many administrators will not allow it.
Last place I taught, it was aout 2 weeks into school, when you have to be the most consistent and strict, when the sped supervisor stopped sending most of the kids to my class. She said a few of them were crying and begging not to come in because I was so mean. I imagine a lot of 'em are in juvie now (not to say what's happening in the article is in any way right, just saying that even as teen-agers, you can change some of these kids if you're permitted.)
(Yes, I got fired.)
RetUSASFC| 3.15.11 @ 10:18AM
After retiring from the Army, and having a very difficult time adjusting into the civillian world, I landed in various jails throughout USA for misdemeanor charges. I learned very quilckly that the prison system is a huge money making business. Regardless of one's age. It betins with the Police F0rce, then lawyers culminating with judge's. PTSD; do not leave the Army without it. Later..........
Creative Recreation | 8.11.11 @ 1:42AM
is good
Dylan Henry| 2.25.12 @ 4:05PM
Great story; studying Criminal Justice and this was a great help and answered many questions that I have.