Does the juvenile justice system need to change?

Speaking for the victim

2010-11-20T09:53:00.000-08:00

In this post, I would like to clarify and speak for the victims. Does the victim not deserve justice as well? Yes, they do!

However, it is also fair to take the life of another child and basically make it a living hell? No!

In this post I would like to speak my opinions on the debate. I believe that there needs to be a fairness and an equality in the system. If an ADULT offender can get less time than a juvenile offender, then how is this fair?

My whole point to this blog is the fact that children are being held to a HIGHER standard that adult offenders are. What makes an adult offender more special than a child? I believe that our children should be at LEAST treated as equal to an adult in court. Which sadly, they are not. How can some adults go to prison for 25 years with the possibility of parole,while a child can do life without the possibility of parole? How can some adults go to prison for 18 months for having sex with a minor, while a child does 5 years?

How can we as sane,reasonable, and responsible adults advocate for such a barbaric system? Are we really speaking for the victims when we hold our children up to a HIGHER standard than an adult? If there was equality throughout the whole juvenile/adult system there would be no need for a blog such as mine.

The victims of such crimes do deserve justice, but at what price do we give it to them. If someone murdered my daughter, I ask myself everyday what would be fitting for that person? Would taking that person's life away bring my daughter back? Would putting that person in prison for life bring her back? Why should I pay for my daughter's killer to live for free and get 3 meals a day and free medical care? I also ask myself would my daughter have wanted me to take the life of someone else away from them? My answers are always I don't think so. I truly believe that a harsher punishment would be to force the person that committed the crime to do something DAILY that would remind them of the life they took away. I always imagine that the guilt and never being allowed to forget would be the worse punishment anyone could have.

Thank god that that is only a scenerio I think of when I think of the victoms. I truly cannot imagine what the parents, siblings and relatives of these victims go through. However, I do try to imagine how I would feel if that was me as the mother of a victim.

I would also like to speak from a victim's point of view. I too was a victim. I was sexually abused as a child by someone that our family knew well. He was a respected member of the community. His activities remained hidden for years. He had at least 3 other victims that I KNEW of. Did anything happen to him? Sadly, no. When I finally got old enough to understand that what he was doing was wrong and could be reported, I did report him. This man molested and raped me from the time I was 5 years old till I was 14 years old. At 14, I realized what he was doing was not normal and was wrong. I went to the police, and turned him in. They *investigated* and it was determined that there was NOT enough evidence to convict him.

I ask you, where is the fairness in that? Both adults and children are sent to prisons and facilities every day for as much evidence as we had in the above mentioned case. Some spend years? Why was this man above treated any different from anyone else? My only answer is, his connections, he respected status in the community.

Did I want that man to spend the rest of his life in jail? No,at 14 I only wanted it to stop.I only wanted to be protected from what this man was doing to me. I got that. He was not allowed near me after that. However, as I got older I started thinking about what would have been fitting for him. I believe the most fitting punishment for this man would to have had to do some type of service that would remind him of the innocence destroyed. Or maybe he would have gotten a punishment that would have reminded him of me, his victim, every single day. As I sit here and write this and think about it, a more fitting punishment for him would have been to have to make a donation in my name every month to a victims awareness group.

Would his sitting in jail for me to pay for all his expenses bring back my innocence? Would it have changed that fact that he did what he did? NO! Would it make life for his victims better or any other victim better? No! Would his having to donate to a cause for victims make things better for victims? Yes!

I do agree that there are some offenders beyond our help. There are some offenders that will NEVER feel any remorse for what they have done. It is those offenders that I DO NOT speak for. I only speak for the ones that could and would benefit from rehabilitation.

How many offenders have come out of the system and made a change for the better and NOW do advocate for change? How many of them do work for a better world? Maybe not as many as we like, but they are there.

There are enough offenders in our system that do make a stupid mistake and then regret ever making it. Should we take their life away from them? Both adult and children alike? Shouldn't we show compassion for them and ask for rehabilitation and all the support services we can provide?

I ask you,if you raised your children to be kind and compassionate and responsible adults. Would those same children have the *bloodlust* we do? Would they want their offenders to have their life taken as well?

The victims cry out to us to being their offenders to justice. But what kind of justice? What price do the victims really want their offenders to pay? What price would you want your own offender to pay?

If someone took your life, does taking their life bring you back? Does letting them sit in a prison somewhere for your family to pay for, bring you back? Wouldn't you rather that your life help better the world and another victims life in some way? Wouldn't you rather that the person that took your life be reminded of you and what he did every day?

It is within my belief that while yes, there may be some juvenile offenders that will be beyond help. There may be some juvenile offenders that will continue to re-offend no matter how much we try to rehabilitate them. There are many others that rehabilitation will help. There are many others that are currently sitting in prisons and juvenile facilities regretting their stupid mistake. There are many others that truly do feel remorse for what they have done.

There are cases, where the question of trying 11 year olds as adults are arising. Did we picture this when we thought that trying children as adults may be the answer to rising juvenile crimes? Did we really want to send an 11 year old child to prison for 30 years to life and sometimes without the possibility of parole? I mean sure, most likely that 11 year old would sit in a juvenile facility till he or she is 18 years of age, but that does NOT always happen. Look at your own 11 year old child, grandchild, niece, nephew, or any other child close to you. Would you want that child if he or she committed a crime going to prison for the rest of his or her life?

If we continue with this, it just may very well happen to you. You may sit there and say, "Oh no,not my child,I raised them right and I taught them right from wrong." I'm betting that a majority of the parents with children in the system thought the same thing. I know I did and STILL my child lost 5 years of his life.

We cannot control what our children are doing when they are OUT of our sight. However, we can control how the system and society treats them if they do something wrong. We can control destroying their young lives, by advocating and voting against these same barbaric laws that are being made to destroy their lives.

We can both honor and bring justice for the victims without having to destroy another life. Destroying another life WILL NOT bring the victim back. It will NOT change what happened. The only thing that will change is the fact that the offender is now sitting behind bars and your paying for it.

Yes, YOU the parents/siblings/aunts/uncles/grandparents and the community as a whole is paying for YOUR child's offender to live a life possibly better than your own. Can you afford to put 3 square meals a day on your table? Can you afford your own healthcare? Can you afford to pay this month's electric/heating/water/cable/phone bills? Just think we pay all of that for our victim's offenders.

Paying for them wouldn't be so bad if it benefited the victims in some way. Shouldn't we be forcing these offenders to not only try to rehabilitate, but also to be working for victims awareness? Shouldn't we be forcing them to write letters about their offense and how they think that their offenses affected others and the victim? Shouldn't they be making donations in the names of their victims on a month to month basis to a victims awareness group? Shouldn't they be doing things that will benefit the same communities that are affected by their crimes? Is sitting in a facility going to bring this about?

As a child, I remember if I had gotten in trouble at school for something; I would be made write sentences saying I will not... I never forgot the thing again that I was not supposed to do. I also remember when I was a child that if I had gotten into an arguement with another child, that my mother always used to make me write a letter of apology to the other child. My mother used to make me include how our arguement would affect the other child. Trust me I didn't argue with another child very often because my mother's punishment always made me think about how the other child would feel. If I was bad in school, my mother would also make me write a letter of apology to the teacher including how my actions would have affected the teacher in class. I didn't get in much trouble when I was in school.

I can also speak from another point of view when it comes to an offender. The year I was 14, I lost my hearing permenantly. I started skipping school at 10 years old. I was sent to many different facilities for skipping school. I was in Detention Centers, a youth group home, and a foster home. All for skipping school. Then finally, when I was 16 someone realized that hey, maybe she is skipping school because of her hearing problems. That is when they started looking into a place for someone like me. They found the school for the deaf. They finally got me hearing aids. They finally taught me to sign. Boy was I in my element!! I was so happy to be a part of a world that I could understand and truly fit into. I was a diffent kid when they put me into that school! Remember, skipping school made ME a juvenile offender. Did their putting me in all these instutions make me stop skipping school? Nope, not until they put me into the place I truly needed to be; the school for the deaf.

So you see, sometimes there are reasons why an offender would act out. Sometimes it does help to delve into family life and social lives. Sometimes it does help to look beyond and look into the soul of the offender. Sometimes, even the simplest answer can make a world of difference. Sometimes, it only takes one person to care to bring about change. Sometimes, all that these children need is someone to care about them and show them the love they desperately crave.

Another point of view I ask you to take is what if this were your son or daughter in trouble? How would you feel then? Would you not care about the victim? My answer is no you still do care about the victim. However, would you not also care about what happens to your son or daughter? Would you also not want to save them? Would you also not want to see them punished for they have done wrong?

My answers are yes you do care about the victim. We do have concerns for our children's victims. When my son did wrong, I encouraged the parents of the other child to go to the authorities. And I still would. However, I also care about what happens to my son and so would you. Yes, we want them punished, but we do not want their lives taken away from them. And neither would you if it was your own.

There are NO 100% answers on what is right or what is wrong. But there is a duty to each and every one of us to care about our fellow human beings, even when they do wrong. We do have a duty to try to continuously make this world a better place. We do have a duty to not only protect the victims and innocents but also to protect against our society becoming one where we victimize the offenders.

This system of ours is a very broken one. When do we wake up and realize this and repair what is broken? When do we wake up and realize that if we are going to treat children as adults that they should and do deserve the same rights as adults? We say a child is too young to drink, smoke, have sex, and have children of their own. But at the same time we say a child is old enough to stand trial as an adult and serve time in adult facilities. When does a child become an adult? 11? 15? 17? In our society a child is considered a minor till the age of 18. So then I ask you, why are 17 year olds sitting in ADULT prisons and not a minor or juvenile facility? If a child is old enough to serve a sentence of life without the possibility of parole, is not a child also old enough to enjoy the same rights as all other adults?

Some of you may say that this is not the same thing and does not equal to the same rights. I ask you truly, does it not? If we can treat a child as an adult in our justice system, why is it that we cannot treat them as an adult in every day life? We balk at treating our children as adults UNTIL they do something wrong. What is wrong with that picture?

All I ask of you is to read this and hopefully make you think alot deeper on this very touchy subject. All I ask of you is to open your mind and think of another side. All I ask of you is to look at the possibility of BOTH your child or a child close to you, being a victim AND an offender. When you look at that possibility open your mind to what you would wish for in either case.

Thank you!

Another Child Locked Up In County Jail With Adults Awaiting Trial

2010-11-20T09:52:00.000-08:00

I suggest that everyone read Torey's story.

Proof That Our Children ARE NOT Held in Juvenile Facilities Until they are 18 or 21

2010-11-20T09:13:00.000-08:00

S.C. Teen Asks Governor To Stop Transfer To Adult Prison

POSTED: 5:37 pm EDT October 10, 2006

COLUMBIA, S.C. -- Governor Mark Sanford says he will not stop a teen's transfer to an adult prison.

Attorneys for Christopher Pittman asked the governor to keep the teen in a juvenile facility. But the governor's spokesman says the 17-year-old should be treated just like any other inmate.

Sanford spokesman Joel Sawyer says the case "is certainly a tragic situation for everyone involved."

Pittman was convicted last year of murdering his grandparents when he was 12 years old. The state Supreme Court heard oral arguments in his appeal last week.

The high court refused Tuesday to halt Pittman's transfer. Pittman is scheduled to be moved Thursday.

The court has not yet ruled on Pittman's appeal.

http://seattletimes.nwsource.com/html/localnews/2004295473_webjuveniles20m.html

2010-11-20T08:58:00.000-08:00

Forums about the juvenile justice system

2009-03-24T17:09:00.000-07:00

I just want to make a post about some of the forums that you can join to advocate for a better juvenile justice system.

In these forums, you will find many many stories about the children within the system. Most of these stories are very heartbreaking. Many of them will make you feel outrage!

I think that the only way that this will ever change is if people started caring about something other than what happens to themselves. Why does it take a personal tragedy or it to happen to you for you to care?

If you started caring now, you would be able to prevent it from happening to you.

I strongly urge you to not only to take a look at these forums, but to join them and to start caring about what this system is doing. Please, dont join the forums, unless your gonna start caring today and really do something to help.

These kids need a voice. Will you help them get one? Or will you continue to not care until it happens to you?

http://whoopassforjustice.org
http://kidsincourt.net

My son is finally home!!!

2009-02-18T08:41:00.000-08:00

Hey all sorry I haven't posted to this blog in a long time, but that is because my son came home on November 17th, 2008. Since he has been home it has been very busy doing all the things that needs to be done to meet the terms of his parole and plus to get his health check ups.

He is very happy to be home as well as the rest of the family is happy to have him home.

Hopefully, very soon my son and I will be posting and keeping you up to date on the juvenile justice system.

Frontline: Juvenile Justice

2008-09-21T17:11:00.000-07:00

Click the title link and read this website. It is an excellent arguement both for and against trying juveniles in adult court. This site is very informative and lets you be the judge.

Law didn't lower juvenile crime rate, expert says

2008-09-21T17:00:00.000-07:00

I know it's old, but it only proves what we have been saying all along. That trying these kids as the adults they are not,is not really deterring the crimes. Stop with the abuse of our children by sending them to adult prisons!!

Sunday, March 18, 2001

By Barbara White Stack, Post-Gazette Staff Writer

Backers of "adult time" laws for juvenile offenders argue that sharply falling juvenile crime rates prove the statutes have been working.

Nationally, juvenile crime is now at its lowest level since 1988, having fallen 36 percent since its height in 1994. The decline includes a 56 percent drop in juvenile murder arrest rates, to the lowest level since 1966.

Some of that decline, contends Pennsylvania Attorney General Mike Fisher, can be attributed to the deterrent effect of the "get tough" approach. Because teens fear imprisonment, he says, they avoid criminal activity.

That sounds persuasive, except for the fact that juvenile crime began falling in 1995, a year before Pennsylvania's "adult crime" law took effect.

Criminologists say the "adult time" laws have had little to do with falling crime rates.

Alfred Blumstein, a professor at Carnegie Mellon University and director of the National Consortium on Violence Research, points out that incarceration has been rising nationwide since the early 1970s, including the period in the 1980s and early 1990s when the crime rate was rising sharply, so jailing criminals obviously didn't slow down crime.

What's different now, writes Blumstein in his new book, "The Crime Drop in America," is that both crack cocaine use and gun carrying by youths have fallen off.

Not surprisingly, they're related. As crack use rose through the 1980s and older crack dealers were arrested, teens drawn by the lure of fast cash began selling the highly addictive form of cocaine.

They carried guns to protect themselves from those who would rob them of their money and precious white rocks. Other teens, Blumstein said, began packing guns to protect themselves from the crack dealers and for the sheer status of it.

Guns in the hands of teens, notorious for their recklessness, were worse than guns in the hands of the older crack dealers, who'd developed a stronger sense of their own mortality, Blumstein said. From 1987 until 1994, the only thing rising faster than homicides by teens was the panic the gunfire caused.

But then, in the mid-1990s, the crack market began dropping off, largely because young people in crack-infested communities saw the devastation it had caused to their parents and older siblings, Blumstein said.

When that happened, the number of gun-packing crack dealers declined.

At the same time, police began vigorously enforcing gun laws, taking deadly force out of the hands of teens.

The end result: fewer young men with weapons and lower teen murder rates.

Copyright © 1997-2008 PG Publishing. All rights reserved.

A response to a comment left on the should children be tried as adults post

2008-08-15T00:55:00.000-07:00

While those of us advocating for the children that are tried as adults do not seem to speak about or talk to those that were victims of these crimes, we do not forget them.

However, is it is also right to destroy another child for something that they cannot fully comprehend? The brains of children are not mature enough to realize that if I pull this trigger, then someone may die.

I am speaking of a 10 year old.

The problem is the public calls for children to be punished. Why are not the parents punished and the children rehabilitated?

Do you also not realize that when a child is tried as an adult in most cases they are sent to ADULT prisons?

I too used to be like you about trying children as adults in the worst cases. But, that was when I thought that same child would be sent to a JUVENILE facility until his or her 21st birthday. Once I learned that this was not so. I realized what we were doing was wrong.

Our children are being held to higher standards than the adult criminals are.

While my own son was tried and convicted as a juvenile, for a crime that even the victims brother has said never happened! He has done five years for rape.

Now tell me, how can rape be proved without a physical examination of the victim. Even if semen could NOT be taken due to the ages, there would still be evidence that a rape happened.

Now you also tell me how it is fair that a 12 year old child has his WHOLE childhood taken from him? He will be 17 very soon. When even adults arent given that much time.

This whole lock em up and throw away the key mentatility is the problem with the world today.

Tell me, would taking another child's whole life away from him or her, bring back the victim?

A child commiting a crime is not the same as an adult doing it. Yet we offer more excuses for adult crimes than we do juvenile crimes.

More adults walk free due to technicalities,plea bargains, and mental defect defenses than our own children do.

While, I do believe the victim should have a voice and there should be punishment for the crimes commited against the victims. I also believe the punishment should be based on age factor, comprehension abilities, rehabilitation prospects, involvement in the crime, outside pressure to commit the crime and many other considerations.

Remember when you talk about victims of the crimes. We are also talking about victimizing further.

Is a child really capable of handling an adult prison enviroment? Is a child really capable of having the knowledge to be able to help in their defense? Is a child mentally able to face losing 30 years or MORE of his or her life?

There are some very severe punishments handed out to these children. Is this right to do to them as well?

Why are we so hell-bent on victimizing and punishing our children further in the name of JUSTICE?

We do speak about the victims and for the victims as well. We just dont feel it is the right thing to do to futher victimize the ones the commited the crimes.

As a former sexual abuse victim. I speak from both sides of the fence. My abuser walked away scott free. Never even brought a charge against him. Supposedly there was not enough evidence, even though three other adult victims of his was ready to make statements of what he did to them.

So tell me, my abuser was an adult. Why was he not held to the same standards my son was? Why was he not tried and convicted on as little evidence as my son was?

Until there is equality in the justice system for our children. And if they are to be charged as adults then they should be treated the same as adults, then adults should be forced to endure just as much time for the same crimes as our children are doing.

What I mean by this is, just a few months before my son was charged, a deputy sheriff in our area was caught having sex with a 14 year old girl. They had letters written by him to the girl talking about their sexual relationship. So there was plenty of proof he was doing it. This deputy sheriff only got 18 months!!!

In that case it was the same crime my son was convicted of. My son should have only gotten 18 months as well. Until there is equality, I will continue to advocate for the JUVENILES in our very INJUST system.

You may also ask about my son's *victim*. He was sooo traumatized that his mother never did follow up on the offer of having counseling for her son. She also got into trouble herself with children's services right after my son was taken for not sending her daughter to school for 46 days because of head lice. Instead of taking care of the problem the mother ran to her mother's house and got away from the children's services in that county. The child that was supposedly my son's victim has since been in jail himself and suspended from school 3 times. He is now 14.

My son has had 5 years of counseling and rehabilitation and victims awareness groups and I cant begin to name it all.

Would he have gotten that in prison? I think not!

NEW INFORMATION: Deputy Killed In Crash; Teens Plead Not Guilty to Murder

2008-08-13T14:01:00.001-07:00

Finally justice gone right!! These two children were charged as the JUVENILES they are. When will the rest of the country follow this example?

Prosecutor: Teens could be tried as adults.
Posted: 6:31 AM Jan 10, 2008
Last Updated: 9:15 PM Jan 11, 2008
Reporter: WYMT; WSAZ NewsChannel 3; The Associated Press
Email Address: news@wsaz.com

UPDATE: Two teenagers who now face murder charges after killing a Sheriff's Deputy in Kentucky were in a Bell County court today.

The teens are charged with murder after crashing into a Sheriff's Deputy's cruiser killing both Deputy Sean Pursifull and his K-9 partner.

Today's arraignment was closed because the teens have been charged as juveniles.

Police say the 17-year-old driver and his 16-year-old passenger took off without paying for gas.

They led police on a high-speed chase before hitting the parked police cruiser.

PIKEVILLE, Ky. (AP) - Two teens charged with murder after a crash that killed an eastern Kentucky deputy are expected in court.

Kentucky State Police Trooper Walt Meachum says the teens are to appear in Bell County District Court on Friday. The proceedings are closed because the suspects are juveniles.

The names of the 17-year-old driver from Delaware and a 16-year-old passenger from Pennsylvania have not been released.

Bell County Sheriff's Deputy Sean Pursifull and his police dog died when the teens' car rammed into his parked cruiser during a high-speed chase early Thursday.

Funeral services for the deputy are scheduled Sunday at the Bell County High School gymnasium, followed by burial in Pineville.

NEWARK, Del. (AP) - Delaware state police say two youths identified as suspects in a crash Thursday that killed a sheriff's deputy in eastern Kentucky had been stopped and questioned early Sunday by a Delaware trooper.

According to state police, a Delaware trooper on routine patrol saw three men acting suspiciously shortly after midnight.

Authorities identified the three as 17-year-old David Poppiti of
New Castle, 16-year-old Eric Gerren of Lincoln University, Pa., and
an 18-year-old.

Officials say when the trooper approached and questioned the
men, Poppiti threw a bag of marijuana on the ground and ran. Gerren
and the other man were taken into custody but not charged, and
Gerren was turned over to his father.

A prosecutor says two teens charged with murder after a crash that killed an eastern Kentucky deputy could be tried as adults.

Bell County prosecutor Neil Ward says the 17-year-old driver and his 16-year-old passenger should be treated as adult defendants because of their age, the nature of the crime and because a gun was allegedly found in their car.

Ward and Kentucky State Police did not identify the teens because they have been charged as juveniles. However, 17-year-old David Poppiti and 16-year-old Eric J. Gerren were named in a statement Friday from Delaware State Police, who said they had made a traffic stop on the teens Sunday.

A public defender in Bell County says she and her staff are representing Poppiti and Gerren. She confirms they pleaded not guilty during their closed arraignment today and declined to comment further.

Hearing Set For Teens Accused of Murder

2008-08-13T13:58:00.000-07:00

Posted: 3:52 PM Jan 27, 2008
Last Updated: 3:52 PM Jan 27, 2008
Reporter: wsaz
Email Address: wsaz.com

A hearing has been set on Feb. 11 for 17-year-old David Poppiti,
and his 16-year-old friend, Eric J. Gerren. They are charged with murder in the Jan. 10 death of Bell County Sheriff's Deputy Sean Pursifull.

Bell County Attorney Neil Ward has said that the should be
treated as adult defendants because of their age and the nature of
the crime.
Bell County Public Defender Linda West declined comment.

Pursifull and his police dog, King, died when the teens'
car rammed into his parked cruiser during a high-speed chase
following a gas-station drive-off.

Should teens accused of murder be tried as adults?

2008-08-13T13:56:00.000-07:00

By Norman Miller
GateHouse News Service
Posted Jan 20, 2008 @ 06:16 PM

--------------------------------------------------------------------------------
About one year ago, 15-year-old James Alenson was killed, stabbed to death in a bathroom at Lincoln-Sudbury Regional High School.

The boy accused in his death, John Odgren of Princeton, Mass., 16 at the time of the slaying, sits in a cell at Middlesex Jail in Cambridge, Mass., awaiting trial.

He has been in custody since his arrest just minutes after the killing, and his time has been split among a juvenile facility in Plymouth, the Westborough State Hospital and now the county jail.

Odgren, now 17, faces life in prison without the chance of parole if he is convicted of first-degree murder.

In Massachusetts, anyone 14 or older who is charged with first-degree murder faces trial as an adult and the prospect of the same mandatory sentences meted out to adults.

But some juvenile justice advocates say teens should not be treated as adults, even for the same crime.

"It's a mistake to envision children the same way we do adults," said Lael Chester, executive director of Citizens for Juvenile Justice in Boston. "Children can commit horrible crimes, but do they have the same understanding of what they did? Do they have the understanding on how to follow the whole process afterwards? Where Massachusetts has failed the youth is they have failed to recognize these differences."

Teens do not make decisions the same way as adults, said John Dohan of the Committee for Public Council Service's Youth Advocacy Project. He said scientific studies have shown that a teenager's brain does not work the same way as an adult's brain.

"Teens are much more impulsive than adults, they're designed to be more impulsive," he said. "There's a horde of research that shows we shouldn't judge culpability the same away as adults."

Neither Dohan nor Chester said teens charged with serious crimes should escape punishment, but the justice system must have some leeway.

"Do you say you forfeit your right to freedom when you make a mistake at an age where you are wired to make a mistake?" Chester said. "To me, the problem with that reasoning is we know kids have terrible judgment. That's why you can't drop out of school until you're 16, and there's a major push to change that to 18. You can't drink until you're 21. Insurance companies won't let you rent a car until you're 25."

Rather, Chester said, minors should go through the juvenile court system, no matter what the crime.

Mandatory sentences for juveniles are unfair and judges should have options in sentencing, she said.

She said juvenile judges should be allowed to sentence offenders to either adult or juvenile punishments. If a person were convicted, he or she could be given a juvenile sentence and the judge could put a condition on it that would bump it up to an adult sentence under certain conditions.

"Judges have no discretion," Chester said. "You want to take into account the facts and circumstances of the crime and you craft a sentence. You give them a juvenile sentence with an adult sentence hanging over their head."

Rehabilitation is a key, Dohan said. Many juveniles sent to adult prisons never develop into good adults because they don't receive the right kind of counseling or services.

Teens should be nurtured and cared for in a facility that is designed for them, advocates said.

"When you put them (teens) in adult prison, they are treated badly, and they learn unproductive life skills," Dohan said. "I would not be somebody who would say to a kid, 'You shot somebody, no big deal, you're a kid.' No, you have to be punished for that, but if you only punish, you're not going to get what we want from them.

"We want them to be good neighbors," he said. "We want them to be good workers. Good taxpayers. The nature of the mistake is not a good indicator of the person's future dangerousness."

But victim advocate and former Middlesex County prosector Wendy Murphy said she believes trying a juvenile charged with a serious crime such as rape or murder in a juvenile court is too soft.

She said they should be tried as adults, but the judge in that court should have the ability to sentence them either as a juvenile or an adult.

"You get full accountability in an adult court," said Murphy, who just wrote a book "And Justice for Some," which has a chapter on juvenile offenders. "When I was a prosecutor, a kid could commit a murder, we could not transfer them to an adult court."

Tougher punishments work better than rehabilitation in some cases, she said.

Murphy, who works as an advocate for sex-crime victims, said people will often say a 15-year-old girl is old enough to know if she wants to have sex with an adult. But, she said, they will not use the same reasoning for an accused criminal.

"They're the same ones who say that a 15-year-old kid is not responsible because their brain is not fully developed," Murphy said. "Children can figure out the difference between right and wrong around the age of 7. My feeling is, you can't use a cookie-cutter approach, but the closer the kid is to maturity, 18, more likely the law can and should treat that crime as if it was committed by an adult."

Odgren is next due in court Feb. 11, and the Middlesex district attorney's office is in frequent contact with the victim's family on the status of the case, District Attorney Gerry Leone said.

There was no question Odgren would be charged as an adult because Leone said the law is clear.

"There is no option when you have this specific fact pattern," Leone said. "The facts of this case compelled him to be charged the way it is charged."

Norman Miller can be reached at 508-626-3823 or at nmiller@cnc.com

Teen accused in murder of student appears in court

2008-08-13T13:47:00.000-07:00

This is a 2004 case. However the point I want to make with this story is.... have we not treated our CHILDREN as adults long enough? Obviously trying these children as adults is not *working*. There is no *making an example* about this as more and more kids are still being tried as an adult. Is it not time we focused on rehabilitation and trying them as the JUVENILES they really are?

By Diana Marrero
Sun-Sentinel
Posted March 23 2004

A 14-year-old boy charged with the murder of a classmate appeared in court for the first time Monday. Wearing a brown jail jumpsuit and shackles on his hands, Michael Hernandez calmly sat in a corner while the adults around him argued about whether a videotaped confession should be released to the public.

Hernandez is being tried as an adult in the first-degree murder of Jaime Gough, 14. Police say Hernandez admitted to killing Gough at Southwood Middle School on Feb. 3 but did not explain why. Hernandez could receive a life sentence without the possibility of parole if convicted.

Hernandez appeared serene at Monday's hearing and spent much of his time quietly speaking with his attorney and listening to the proceedings. With a shaved head and glasses, Hernandez appeared more mature than in his yearbook photo. But at 5'2," he still has a boy's frame.

Defense attorney Richard Rosenbaum argued that the tape's release would hamper his client's chances at a fair trial. He also argued that two pages of his client's journal should not be released and said that he would consider asking the judge to close all court proceedings to the public.

Forty-one pages of Hernandez's journal have already been released by prosecutors after a public record's request.

Rosenbaum said that at least one aspect of the journal had been misconstrued by news reporters, who painted a damaging portrait of his client. When Hernandez scrawled the message, "will become a serial killer," on the bottom of a printout on mass murderers, the teen was not making a statement but merely copying the last entry on the page that had not printed out.

But other pages in the journal indicate Hernandez was fascinated with violence and several pages appear to be unfinished lists with headings such as body count and what was done.

Prosecutors told the judge Monday they would not object to releasing the two remaining pages of the journal, which seem to be a hit list and another with the word "plan" as a heading. Prosecutors also said they are obligated to release portions of the videotape which do not encompass the "substance of a confession."

Florida law requires that law enforcement material be made public after prosecutors turn over their evidence to defense attorneys.

A confession is considered an exemption. However, general statements would have to be released, media attorneys argue.

Karen Kammer, an attorney representing NBC and Post-Newsweek, argued that the public had a right to portions of the tape and the two pages in the journal. She said the defense attorney had not met his burden of proof to show that the release of such material would cause enough harm to warrant the denial of the public's right to the material.

Circuit Judge Henry Leyte-Vidal is expected to issue his decision on Thursday.

Diana Marrero can be reached at dmarrero@sun-sentinel.com or 305-810-5005.

Ohio juvenile courts struggle with youth competency issue

2008-08-12T04:54:00.000-07:00

Click on the title for the story.

This is really horrible that no lawmakers have signed on to support this proposal for a bill about this issue!

Write your legislators and demand that they support this bill!!

Growing Number Of Children Involved In Violent Crimes

2008-08-12T04:44:00.000-07:00

Since when does the definition of ADULT include children? The last time I checked the definition of adult means anyone over the age of 18 at least.

Copyright 2008 by WLWT.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

To read the story click or copy and paste the link below!

http://www.wlwt.com/news/14701696/detail.html?subid=10100221

Juvenile Justice center's design reflects authority and security

2008-08-12T04:40:00.000-07:00

By James Cummings

Staff Writer

Sunday, December 30, 2007

DAYTON — The public will enter the new Montgomery County Juvenile Justice Center through a high-ceilinged lobby with wood paneled walls and a brightly lit reception desk.

Juvenile offenders, on the other hand, will enter the building in the back of police cars and step out into a secure garage surrounded by cameras, guards and bolted doors.

James Cole, the administrator of the Juvenile Court, said the 210,000-square-foot building's split personality reflects the breadth of its mission.

On one hand, the Juvenile Justice Center is a courthouse with all the dignified trappings that entails. On the other hand, it is a state-of-the-art juvenile detention center capable of keeping as many as 144 inmates safe and secure.

Cole said the center has 14 courtrooms to accommodate two juvenile judges and a dozen magistrates, and the biggest courtroom is for juvenile traffic court. Each courtroom has an adjacent holding cell where juveniles in custody can be held while waiting to appear.

Also housed in the court area are juvenile case prosecutors, public defenders and an army of clerical and administrator personnel.

Psychological services, Children Services Division caseworkers and other programs such as Start Right, which deals with children whose parents fail to send them to school, have offices on the first floor.

An area where family can meet with incarcerated youth also is on the first floor.

The secure detention center is built on a pod system, Cole said. Each of 12 matching pods has sleeping cells for 12 inmates, and the cells are arranged in a curving pattern that leaves no blind corners. A single detention worker can see all areas of the pod at once.

Within each pod is a common sitting area plus rooms where inmates can meet privately with their attorneys or staff counselors. Between each pair of pods is a larger community room for daytime activities.

The detention center has a full kindergarten through 12 charter school, and all inmates are required to attend classes. Judge Nick Kuntz said some inmates have never attended

school on a regular basis, and they can advance several grade levels in a few weeks of daily classes.

The detention area also includes a full gymnasium

and an open air walking space covered by a thick, chain-link canopy.

The secure garage where detainees enter leads to the Intervention Center where they are assessed and directed toward the most appropriate programs.

There are medical facilities where each incoming inmate receives a physical. Judge Kuntz said the court hopes eventually to organize volunteer dentists and eye doctors to provide services for youth within the detention center.

New facility 'isn't a jail,' judge says

2008-08-12T04:33:00.000-07:00

As if we need more facilities geared toward locking these kids up and forgetting about them as long as we can!!!

By James Cummings

Staff Writer

Sunday, December 30, 2007

DAYTON — When the new Montgomery County Juvenile Justice Center begins operations this week, it will increase the county's juvenile incarceration capacity to 144 beds, up from 90 available beds now — 66 at the old downtown juvenile detention center and 24 at the Dora Lee Tate Center in Jefferson Twp.

But Juvenile Court officials say the new center could have been a lot bigger and could have cost much more than the $51.6 million spent on the 210,000-square-foot facility on Second Street downtown.

"At one time the consultants were talking about the need for 208 beds," said Nick Kuntz, senior judge of the Montgomery County Juvenile Court.

Kuntz said around 1998 when local officials formed the subcommittee that planned the new center, there had been an uptick in juvenile crime rates locally and nationally. The view at the time, Kuntz said, was that a juvenile justice system had to have enough cells to hold all the juvenile offenders picked up on even the worst of days.

"I clearly agree with that philosophy when it comes to a jail, but this isn't a jail," Kuntz said. "There are some really serious crimes being committed by people under 18, and in a lot of those cases these offenders have lost the right to be treated as children. But there are a lot more who can be helped; if you can get them the help they need, they can be turned around.

"The problem is telling which is which."

The new Juvenile Justice Center is built around an Intervention Center, which court officials say is significantly different than anything found in any other juvenile court in the world.

And it's the job of the Intervention Center to tell "which is which," as Kuntz said. The 24-hour-a-day, seven-days-a-week operation is the first stop for juveniles entering the justice system in Montgomery County, and the center's assessment experts try to quickly determine which offenders need to be locked up and which will benefit more from counseling and mental health services, family support services, emergency placement in foster care or alternative punishments such as electronic home monitoring.

"The Intervention Center is our emergency room. It gives us alternatives to locking kids up," Kuntz said. "Instead of building 208 beds, we were able to build 144 beds with a better design."

Feeling Better

2008-07-29T11:00:00.000-07:00

I am feeling a little better here thanks to all the encouragement from others that are fighting this same fight.

I just sometimes wonder how much of this really has to do with him. I wonder alot of times if this doesnt really have to do with me.

You see, I am deaf, and I wonder how much of his being denied all of these last five years has to do with him and what he supposedly does wrong to be denied, and not simply because of prejudice against deaf parents.

I just cant help but wonder if they believe that because we are deaf that we cant watch him well enough to keep him out of trouble or whether if they may somehow suffer from the old prejudice that deaf people shold not be parents.

That's basically part of what is getting me down.

Anyways enough about me. I would like to address another very important issue involving our juveniles.

My son is locked in a juvenile facility. Some people believe this is better than being locked in an adult facility. I believe it is worse in some ways.

In these juvenile facilities, they can keep these kids until they are 21 if they so desire. Let's look at this from a perspective other than my son's case.

I want to ask you to imagine with me. Close your eyes and picture your own child at 12 years of age or a niece or nephew or grandchild at 12 years of age. Now picture that child having some behaviour issues and maybe even running away from home. Now picture that same child being brought into court, and sentenced to one of these places, such as my son is in. This scenario happens every single day. So it is not some far fetched fantasy.

Now upon sentencing to this place they are given a MINIMUM of 1 year. BUT NO MAXIMUM sentence. The reason for this is, is that this decision of the maximum is left up to what they call the *Release Authority*. Or in other words the parole board decides how long your child will be there.

They can hold that child until he/she is 21 years of age. Very rarely is a child released from these facilities much before they are 18 years of age. Due to behaviour problems, depression, and many other issues.

Now you may say 6-9 years for simply running away from home!!!!???? Yes it happens all too often!!!

Alot of times these same children with behavioural problems have underlying mental issues that have never been properly diagnosed. So imagine a bipolar child spending 6-9 years in a facility unproperly diagnosed and being punished for behaviour he/she cannot control.

Now do you see why the juvenile justice issue is one that CANNOT be ingored any longer? Now do you understand WHY this issue is one that concerns ALL of us and not just those that are suffering from having our children locked up??

This issue MUST be taken to heart by each and every single person living in the world today.

Next time it could be YOUR child and YOUR own blog you are reading, instead of mine. Next time it could be you pleading with others to get involved and change this very unjust system.

Dont let there be a next time. Get involved today!

Depressed and Desperate to get a voice! Does my son really deserve this?

2008-07-01T23:02:00.000-07:00

Sorry I havent been around lately, have just been so depressed. They denied my son's parole and now say that he wont be up for review again till around Oct. and a TRD *target release date* of November 3rd. November will be exactly 5 years since all of this began.

I am so depressed because I so badly wanna get a voice and fight this. I want to get the media involved and wake people up to the plight of my son and all the other children facing this injustice system.

I am depressed because I dont know how to do any of that. I dont know how to get a voice and fight.

5 years for something an adult only usually does 2 years for!! That is just plain sickening!

More notes from me

2008-05-29T10:15:00.000-07:00

No one ever truly knows the heartbreak that we as the parents feel until they face this very inadequate juvenile justice system.

No one really wants to admit that when a child gets into trouble their first reaction is usually, "oh, look at what he/she did, he/she deserves everything they can throw at them". These children are guilty in the public's eyes before they even go to court. People do not see them as children, but as animals that need to be locked up somewhere before they can hurt someone else.

It really saddens me that people forget that these are not animals, but in fact children. Many of which, get into trouble unwittingly.

People forget that children lack the ability to make good judgements at certain ages. They lack the ability to know that what they are doing may be wrong.

Look at the little girl who took a knife to school simply so she cut her steak. How can she know that it was gonna cause all the trouble that she got into? To her it was just a tool she used to be able to eat her steak. It wasnt a weapon to her and was never intended to be.

Look at the 4 year old who got suspended from school for hugging his teacher. How was he to know that it was gonna be called sexual harrassment simply because his face was directed between her breast?

I mean come on people wake up!! Our children are who we are locking up and throwing away the keys to!

Meridian Teenager Sentenced for Raping Classmate

2008-05-28T18:10:00.000-07:00

Nampa, Idaho -- A Meridian boy who pleaded guilty to sexual assault charges was sentenced Monday to a residential treatment program for sex offenders.

Prosecutors say Nathan Whitney and another teen-age boy raped a 14-year-old girl last March after skipping class to drink alcohol.

District Judge Cheri Copsey says she will retain jurisdiction over the case, so when Whitney completes the treatment program or turns 21 -- whichever comes first -- she will decide whether he should be sent to the Department of Correction for 2 to 10 years. Whitney will also have to submit a DNA sample to be kept on file.

"I think a lesser sentence in this case would depreciate the seriousness of the defendant's crime," said Copsey during Monday's sentencing hearing. "I know there's a lot of people in the community who see this just as 14 year olds gone wild. I don't quite see it that way. There are a lot of 14 year olds who do not commit these types of crimes."

Whitney apologized to the court, and his victim, by reading a written statement.

"As your friend, I should have protected you from the situation. I want you to know that when we invited you over that day, I did not intend to touch you, harm you, or hurt you in any way. However, I chose to do some things to do you that I should not have done. I want you to know that you have done nothing wrong. I took advantage of you when you were unable to defend yourself," said Whitney.

The rape case against the other boy accused in the crime -- Ramon Baeza -- was moved back to juvenile court last fall.

7-Year-Olds May Face Charges For Allegedly Hurling Rocks At Vehicles

2008-05-28T08:38:00.000-07:00

GREENSBURG, Pa. -- Two 7-year-old boys could face charges for allegedly hurling rocks at vehicles in Greensburg, Westmoreland County.

The rocks were thrown from a train trestle towering some 30 feet above College Avenue near Seton Hill University.

Five vehicles were struck in a matter of minutes. All of the drivers pulled over. One called police. Shortly after the call was made, police officers arrived and apprehended the boys.

Investigators said some of the rocks thrown were the size of baseballs and did a lot of damage to the vehicles.

The boys were turned over to their parents.

Investigators said the boys may be charged. They are awaiting estimates from the victims before deciding what to with the juveniles.

Penny's Story-Another mother sharing her story with us here at juvenile change!!!

2008-05-28T07:41:00.000-07:00

Penny said...
I am a mother of a 15 year old son, who at the time was 13.

I am not saying that my son is innocent nor am I saying that I condone what he did.

However, what I am saying is that the juvenile justice system is a total nightmare.

I believe his punishment was cruel and unusual. He got the severest penalty which will likely impair the rest of his life as an American citizen.

My son was never, ever in any trouble with the law. In fact, he was an upstanding citizen. He was a newspaper carrier with two routes, he helped the elderly in our neighborhood carry groceries, shovel their walkways and driveways, and raked leaves without charging them any money. He also was a member of the choir at our church.

But, that didn't mean anything to the juvenile court, the judge or the prosecutor. The judge had the choice of either sending my 13 year old boy to a treatment facility or throw him into the department of corrections. He ultimately chose the latter.

My son has been in the department of justice for 2 years now and will be up for parole in July. However, they will not allow him to come home because they want him to be placed into an inpatient treatment center. They were suppose to be providing him treatment at DOC but failed to do that. Now, we are still faced with the separation of our family.

He is not able to have visitation with his siblings and vice versa. He cannot talk to them on the phone.

The latest happened on Sunday when my visit was abruptly ended because I had rubbed my hand over his arm and touched his face and hair. I was then threatened that if I were to make any kind of physical contact with my son I would no longer be able to visit him.

I just want everyone to know, wake up America, this could be your child. What would you do? Who would you turn to?

I have written to my governor, my senator, and my congressman and sent it by way of restricted mail. The governor signed for my letter but has yet to respond. The other two have not signed yet.

The Juvenile Justice System needs to be exposed to the truth behind closed doors. Horror stories of the pain and suffering of knowing the circumstances in which our children our living each day and night in their cell.

I am willing to talk to anyone who will listen and be a part of any organization that strives to correct the corruption in the Juvenile Justice System.

Teen gets probation for rape Local victim's mother expresses outrage

2008-05-20T10:03:00.000-07:00

Teen gets probation for rape Local victim's mother expresses outrage
By JESSICA DENNIS

Enterprise correspondent

FREMONT -- Colton Musser, the 14-year-old Clyde boy who was convicted of rape and kidnapping a Clyde girl, is not going to juvenile detention and the victim's parents are far from happy.

Musser, who was sentenced Wednesday by Sandusky County Juvenile Judge Brad Culbert to indefinite probation, ordered to home detention and is required to complete sex offender treatment for the incident, which occurred in January.

His sentence was combined with another crime he was convicted of - the breaking and entering of a Green Springs elementary school in July, 2007. He will not, however, spend anymore time in a detention facility. As part of his sentence, the boy will also be required to pay restitution fees to the family and the school district.

"I'm not happy about it," the victim's mother said last week. "I don't think he will learn anything. I've known him for three years - and he has been in trouble for those three years. I'm only glad his probation is as strict as it is."

Musser was one of four boys who were involved in the crime, according to records. Bruce Gobel, 14, of Clyde, was charged with complicity to rape and kidnapping. He later entered admission pleas and was sentenced to 90 days in the juvenile detention center. He was given credit for 55 days served, with the rest of the jail time suspended. He was also sentenced to probation.

The other two boys, Martel Copeland and Jacob Myers, both 14, of Clyde, have entered admission pleas to the kidnapping charges, however, their sentencing dates have not been set. In exchange for their plea, the complicity to rape charge was dismissed, according to Sandusky County Assistant Prosecutor Norman Solze.

Musser's attorney, Chris Marcinko, indicated there are plans to appeal the guilty verdict on the rape and kidnapping charges.

After a two-day trial in March, Culbert found Musser guilty of the crimes, which took place in a Clyde home on Jan. 15, while the three other boys restrained the victim and another girl, reports indicate.

The victim has since switched schools and moved with her family several times. Her mother alleges her daughter has been threatened.

"I fear for her safety...from their families," she said. "I haven't even gotten a restraining order against any of them because I don't want them to know where we live."

"I've had my car messed with, my husband has had his car messed with. At a track meet, I was followed to my vehicle by one of the boys' family members," she alleged.

Since the incident, the victim has had everything from panic and anxiety attacks to night terrors, stated her mother.

"She goes to counseling once a week," she continued. "She is dealing with post traumatic stress, anger issues, night terrors and a lot of anxiety. She is taking three anti-depressants a day. We won't let her go anywhere alone."

The victim feels in the end, it is she that has been the one punished. Even though her mother wants to allow her daughter to go out and do things that "normal" teenagers do, she can't. She said the boys are out in the public.

The victim's mother added that her daughter used to run track, play softball and participate in cheerleading. This season, she hasn't been able to do any of them.

"She's not doing anything and she can't stand it," said her mother. "Everytime we've been in court, she goes to bed and stays there for days."

The victim indicated none of the activities she used to participate in, sound fun anymore.

"I haven't been running or cheering...nothing sounds fun and it all seems like a waste of time," she said.

Since the trial, the family has moved from the area. Hopefully, they say, no one will be able to connect the events and they can start their lives again.

"No one here really has any contact with what goes on in Clyde," said the victim. "So I won't have to deal with all the lies that people have been spreading. I never told stories - I never told any (of the witnesses on the stand) anything."

"She will be okay," said the victim's mother. "She didn't cry the whole time (during sentencing) until we got home - then she broke down. This isn't something she'll get over. She'll get past it - but she won't forget."

Teen gets probation for role in Clyde rape

2008-05-20T09:53:00.000-07:00

FREMONT -- One of the teens involved in the Jan. 15 rape of a 14-year-old classmate, was sentenced to indefinite probation during a hearing at the Sandusky County Juvenile Court Friday morning.

Martel Copeland, 14, was the third teen involved in the case to be sentenced by Sandusky County Probate and Juvenile Court Judge Brad Culbert.

"(Copeland) has a low risk of re-offending and appears to have good family support," Culbert said. He is "well adjusted in school and appears to be a good student."

Culbert sentenced Copeland not only for the January incident, but also for a breaking and entering incident that occurred last summer at Green Springs Elementary.

As part of the sentencing, Copeland is to have no contact with the victims or the other teenagers involved in the incidents and is to never enter the Green Springs Elementary property, Culbert said. The boy also has to pay restitution in the amount of $159.26 to the elementary school.

His 90-day jail sentence was suspended as he has already served 75 days in the juvenile detention center.

Copeland pleaded guilty to kidnapping on April 7 and as part of the plea deal the complicity to rape charge was dropped.

One more teenager who pleaded guilty to his role in the Jan. 15 incident is still awaiting sentencing.

Under Review for Release

2008-05-20T09:41:00.000-07:00

My son is currently under review for possible release. I hope all of my loyal readers will keep their fingers crossed for us that they decide to let him go after almost 5 long years.

I want to leave you with some thoughts until both my son and I are back and posting to this blog together.

5 years for a crime that may or may not have happened. 5 years for a rape charge, when there are adults doing less time for the same crime. Is this what we really wanna do to our children? Should they be made to pay with half of their childhoods? Why should adults be treated differently than our children? If our children do more time than the adults do for the same crimes, what does this say about us as a society and worse as parents, allowing this to happen? Why are some juveniles released to the parents and put on probation when others are not? Should not our punishment procedures be a set standard? Should our children be tried as adults, when the law does not recognize them as adults until they commit a crime?

I am going to leave you with one last story. I think you may find this interesting.

ANNOUNCEMENT.....WAR AGAINST PSYCHOTROPIC DRUGS DAY/JUNE 28~ALBUQUERQUE, N. M.

2008-04-28T16:49:00.001-07:00

On June 28, 2008; The Eight Month Anniversary of my Daughter's Death; COPES Foundation, Sarina's Voice and Sarina's Legacy is sponsoring the First Annual "War Against Psychotropic Drugs Day".
All proceeds will go towards Sarina's Voice Holistic Healing, Health and Essence Retreat.

We will start our day with a Walk and March to "Abolish Suicide-Causing Anti-Depressants" and a Health Fair. We will meet at a local park, where health food and drinks will be available, we will get some fresh air, sunshine and discuss the healing of depression with natural therapies, health and nature versus anti-depressants. There will be booths and experts in the business of Health, Exercise, Massage, Meditation and Yoga for demonstrations, chair massages and discussions.

The evening will be a Formal Banquet dedicated to "Stopping SSRI's". We will have many Guest Speakers; Parents and Families who have lost their loved ones to these killer drugs, those who have personally lived this nightmare and survived, Doctors who have researched and are fighting this battle with us and many organizations that have also dedicated their lives to Fight this War Against Psychotropic Drugs.
We will have great food and music; as well as movies about this huge Multi Billion Dollar Industry that we are so desperately trying to fight, real life people (like me), real life stories of the tragedies and losses, plus real life battles against these monsters.
We will also have a mini memorial with pictures and stories of the suicides caused by SSRI's that we have encountered in the six months we have been working on our Crusade.
Tickets will be $100 per person (plus please bring a flower or flowers for the Memorial).
Book your plane tickets or start planning your road trips to Albuquerque, New Mexico. Block out that day and night to support this very important cause. Everyone that I've been talking to about my crusade and my daughter for the last six months, Everyone who is actively fighting this battle with me, Everyone that met me in Washington to fight the Mother's Act, Everyone who has signed my petition and holds this cause close to their heart, Everyone who has cried with me, Please RSVP ASAP.
Please contact me if you are interested in setting up a booth for demonstrations, for your organizations, massages, selling books and products, aromatherapy, essential oils, flower essence, homeopathy, etc., selling health foods that can be healthy, natural, organic, vegetarian, vegan, etc., selling natural drinks and juices or anything else that you feel would be pertinent to our Crusade and our Health Fair.
We are also trying to get some Celebrities that fight for this cause; as well as some people from the Legislature. If you have any contacts to either, please let me know.
We are formally inviting and requesting participation from everyone interested in the War Against Psychotropic Drugs as well as friends and families of suicide victims, plus:
Survivors of Suicide
CCHR, Citizens Commission on Human Rights
ICFDA, International Coalition For Drug Awareness
CHAADA/Unite For Life
AbleChild.org
Alliance For Human Research Protection
Health Freedom USA
The Save Project
Health Essentials
WorstPill.org
National Institute For Patient Rights
Psych Drug Truth
Teen Screen Truth
Prozac Survivor
ADHD Fraud
Peter Breggin
Drug Injury Watch
The Road Back
Scientology Against Drugs
SSRI Crusaders
Outlaw Psychiatry
Freedom Magazine
Woody Matters
Break The Silence
Unbreak Your Health
Fight For Kids
Mind Freedom
Welcome World
Escape From Psychiatry
Let Them Eat Prozac
The Anti-Depressant Solution
Disgusted With The System
Birth Defects Caused By AntiDepressants
Health and Parental Rights Legislation
PsychCrime Organization

Camille Milke, Eternal "Mommy" of Sarina Angel
Yesterday, Today, Tomorrow and Forever........
My Beautiful Baby Girl, 1/26/86 - 10/28/07, 21 years 9 months 3 days
WWW.ILoveYouSarina21.last-memories.Com
COPES Foundation (Coalition Of Parents Enduring Suicide)
Founder and President, Main - 505-269-2286, Fax - 505-213-0999
SarinasVoice@AOL.Com
WWW.COPESFoundation.Com
NM Director of the International Coalition for Drug Awareness
WWW.DrugAwareness.org
Please sign my Petition to "Abolish Suicide-Causing Anti-Depressants"
http://WWW.ipetitions.Com/petition/COPESfoundation/

My Mission is for the World to hear Sarina’s Voice; for she is no longer with me to speak. But she will be heard, through me, her Mother.
For I live with her inside me and I will live out loud, her voice will be heard.
My Crusade is to Abolish Suicide-Causing Anti-Depressants. There is strength in numbers, I need the support of those who hold this issue close to their hearts; to assure that other parents and their children live a happy life without pain and without suicide. My Campaign is to pass a Bill which will ultimately become “Sarina’s Law”.

http://www.journalstar.com/articles/2006/05/25/local/doc4474ed34cdca3829136003.txt

2008-04-28T11:27:00.000-07:00

No prison stay for 5-foot-1 child molester

SIDNEY — A man found guilty of sexually assaulting a child has been given 10 years of probation by a judge who said the man was too small to survive prison.

District Judge Kristine Cecava of Cheyenne County sentenced Richard W. Thompson, 50, Tuesday on two counts of sexually assaulting a minor.

“What you have done is absolutely inexcusable,” she said.

His crimes deserved a long sentence, Cecava said, but she expressed concern that the 5-foot-1 Thompson would be especially imperiled by prison dangers.

“Can I make other children safe from you?” the judge said. “You are a sex offender, and you did it to a child.”

But, she said, “That doesn’t make you a hunter. You do not fit in that category.

“I’m going to try to put together some kind of order to keep you out of prison.”

He will be electronically monitored the first four months of his probation, and he was told to never be alone with someone under age 18 or date or live with a woman whose children were under 18. Cecava also ordered Thompson to get rid of his pornography.

He faces 30 days of jail each year of his probation unless he follows its conditions closely.

“I want control of you until I know you have integrated change into your life,” the judge told Thompson. “I truly hope that my bet on you being OK out in society is not misplaced.”

How to bring about change?

2008-04-27T18:45:00.000-07:00

Ok by now you may be saying, ok all along you have been asking us to step up and change this flawed system. But yet, you never told us how! Well I will now.

The first thing and the most important I believe, is to write your city, state, and federal legislators and ask them to address this very urgent matter. Send them as much info on the problems that we see as you can.

For example, if you see an article where a juvenile is being tried as an adult, send that to all your legislators and ask them, since when did our children become adults? Ask them where the definition of minor to adult went off to? Ask them if they only become adults when they commit a crime? Ask them when did we stop rehabilitating children and start turning them into felons with records that they will carry around for the rest of their lives. Ask them when we started treating our children like animals?

Another very important thing that you can do, is spread the word, that our children are being treated like animals. Spread the word that our children are being victimized as well as the victims of the crime. Spread the word that our children are doing more time than most adults do. The more people aware of this problem and getting involved is more voices in the sea to be heard.

Petitions are another great way to advocate for change. There are many petitions online for signing or you can even make up your own and work to get signatures.

Anything you do even if all you do is donate to someone advocating change, it still helps. All it takes is a few minutes out of your time everday to advocate. You can do more if you wish, but just do as you can and gradually we may be able to change things for the better for our children. After all they are our future.

A plea!

2008-04-26T20:22:00.000-07:00

I ask you when are we going to stop this insanity?

How long before it is one of your own children that is arrested and subjected to this insanity?

Yes, you may be one of the lucky parents that may not have to face these insane laws and guidelines set by the schools. But what if you are not? What if it was your niece? grandson? grand daughter? A friend's child?

Right now, those that are advocating for change, is but one small voice in a sea of voices. What we advocate often falls on deaf ears. We are not advocating to get our children out or to get our children pardoned. Often, in such cases, such as my son's it is too late to do that.

We are advocating for this change, to protect you and your children and grandchildren. Until more people wake up and realize that the laws as they are today, are not adequate for our children and in fact do more harm than good for our children. Then we, as a people, are basically allowing legalized child abuse!

Oh that is too harsh of a statement you may say? But think about this. In many cases, children that are arrested are taken out of the parents homes and put in some form of correctional facility. Often, that type of action was not even needed to happen in the first place!

Think about it, in the story such as the one below this post. When a child is suddenly faced with adults telling them oh this is not acceptable and acting in a threatening manner towards the child. How would you expect a child to react to such a situation?

So to end this lengthy post. The plea is when will YOU help add your voice to put a stop to the insanity that our children today face?

School Children Arrested for Minor Misbehavior

2008-04-26T20:20:00.000-07:00

In the past, students who violated a dress code were sent to the principal's office for a scolding. In Toledo, a student whose low cut top and unbuttoned sweater were unacceptable to school officials, and who refused to wear the bowling shirt they offered as alternative garb, was arrested, handcuffed, and taken to the juvenile detention center. Other violations of Toledo's "safe school ordinance" deemed worthy of arrest include "being loud and disruptive, cursing at school officials," and "shouting at classmates." Only a handful of 1,727 school-related arrests in Lucas County in 2002 were for serious incidents.

The administrative judge for the Lucas County juvenile court is concerned that school officials and the courts are "demonizing children" by referring increasing numbers of minor offenses to the juvenile justice system. The "growing criminalization of student misbehavior" has become a widespread problem, leading to complaints from juvenile court judges in states that include Ohio, Virginia, Kentucky, and Florida.

Arresting and incarcerating students for nonviolent behavior does little to promote school safety. It reflects the "zero tolerance" mentality that has allowed school officials the luxury of replacing discretion and common sense with "zero thinking." Arbitrary and heavy-handed use of the criminal justice system in schools teaches students to resent authority, not to respect the law. It also wastes limited resources that the police and courts can devote to serious offenders.

Another example of Juvenile Justice gone wrong??

DNA

2008-04-25T14:04:00.000-07:00

In my son's case, A rape kit was never taken on the other little boy that my son was accused of raping.

I ask why this is? How is my son to prove that he is indeed innocent or guilty, without a rape kit to help prove innocence or guilt?

In my opinion, one of the first things we need to change and lobby for is that a rape kit must be mandatory in ALL rape cases.

In my son's case, I have heard many conflicting stories as to what really did happen. All I really do know is that my son was accused of the crime of rape. I am not here saying whether if he was guilty or innocent, because the police and children services investigators took away the possibilty of ever knowing that by not doing a rape kit in this case.

This case was handled very ineffectively from the get go. First, the cops question the kids and investigate at the other woman's house for more than a half hour before I was even notified that there was anything wrong.

I then get to the police station to find my son isolated in a room by himself. When I asked if I could go see my son, I was not allowed.

Yet the other child had his mother and his brother in the room with him, talking to the investigators.

When it went to court, I asked many questions. And was even showed the videotape of the mother with her son.

My son's lawyers then told me they had a solid case and my son was better off pleading guilty to the crimes. The solid case was based on the other mother backing up her son's story. I asked the lawyers how she could not back up his story when she was sitting right there listening to his story!!!

The fact that there was no rape kit to me speaks volumes about possible innocence. Why was there not one? What were they so afraid of by not having one done? They said in Ohio that a rape kit is not required in children under 12. Why is this not so? How are people to prove innocence or guilt without the possible DNA evidence that may be there?

Another fact that speaks volumes to me in my son's case is his own foster mother's assertion that my son should never have been prosecuted and taken out my home in the first place! Even she believes in my son's innocence! She has seen first hand how children's services were working against my son from day one!!!!

Everytime, I have set out and tried to question my son's conviction, I have been put down and told to stop making excuses for him! I have been told that if I go to the media and other outlets, things could be made worse for my son and they could make sure he never returned home again. Why? Why would they need to threaten me of this? What are they so afraid of? What are they hiding that they do not want this in the media?

I am reduced to blogging about juvenile injustice simply because I do not know how to garner media attention or any other way of fighting this injustice.

I realize that the injustices that our juveniles face goes way beyond my son's own case. There are thousands and thousands of other children with stories similiar to my son's own case.

My son is still in the Department of Youth Services here in Ohio. It has been almost 5 years since his conviction. How much more time, must this child do to satisfy the people involved in his case?

My son was 12 in Novemeber of 2003. Will he be 17 in November of 2008 and still doing time? So far it looks like he may be!

Only you can help me stop these injustices to my son and other children like him! Will you?

Children Under Seige

2008-04-25T13:19:00.000-07:00

I recently found out about other blogs that are calling for juvenile justice reform. The stories that remain untold are truly heartbreaking.

we have children as young as 10 years old being arrested and tried here in the United States. It is truly sad when our children, are sentenced to more time than most adults are for the same types of crimes.

I ask you, when is enough going to be enough? When will you join the cause and fight for our children? When it becomes your child or grandchild?

The problem here is most people think oh these are just parents that dont wanna face the horrors or crimes that their children committed. That is very often not true, many parents will admit that their child has committed the crimes. What we fight again is the lawful, court sactioned child abuse. Children as young as 10 are sentenced to 30 years in prison for a murder. Many, many, many adults do not even do that much time.

The problem also lies in accountability. When my own son's case came about, about a month before that a Deputy Sheriff was caught having sex with a 14 year old, he got only 18 months! When my son was tried for a sex crime, he has so far done ALMOST 5 years. My son was 12 when he was convicted, he will be 17 soon. But the worse part is that he could be incarcerated at the Department of Youth Services facility until he is 21.

Nine years out of a child's life.My child has never had a date, never been on the high school sports teams, still has not been able to hold a job, or even to go out with his guy friends or play a video game with his guy friends. He may not get that chance until he turns 21.

How would you feel if it was your child facing this kind of life? My son was tried as a Juvenile, however he may have gotten less time being tried as an adult. Some children are tried as adults and would have gotten less time being tried as Juveniles. This is seriously flawed and a Catch-22 for all involved.

Many people believe that these children are criminals and should be treated as such, UNTIL it becomes their child suddenly within this flawed system.

Do we really wanna wait until it becomes your child??

You may say oh, it will never be my child, because I am a good parent that gives my child guidance and I also watch my children.

This was also true of the many children currently within the system.

We really need to stand together and stop the criminalization and imprisonment of our youth. Often our children are killed, abused and emotionally scarred once they are subjected to the system we have today.

We need to bring about change, not only to stop our juveniles from being tried as adults, but to also stop our children from being legally stolen from us and not allowed to be children.

Special Treatments within the sytem

2008-03-26T13:31:00.001-07:00

All I have is two questions for you to honestly answer.

Do you think if this was your child that he or she would have just gotten probation?

You tell me what is wrong with this picture?

http://www.daytondailynews.com/community/content/shared-gen/ap/National/Lawmakers_Gun.html?cxntlid=inform_sr

2008-03-26T13:21:00.000-07:00

Pa. Pol's Son Gets Probation in Gun Case
By JOE MANDAK
Associated Press Writer

PITTSBURGH — A state lawmaker's son will spend a year on probation for illegally possessing a handgun that his 14-year-old friend later used to kill himself.

Bobby Regola, the now-18-year-old son of Sen. Robert Regola III, was sentenced in juvenile court this week after being found delinquent of a misdemeanor charge in November, according to two people familiar with the case. They spoke on condition of anonymity because the judge issued a gag order.

Being found delinquent in juvenile court is the equivalent of a guilty verdict.

Louis Farrell had a key to the Regola house so he could tend to the lawmaker's pets the day before he was found dead in the woods behind their neighboring homes southeast of Pittsburgh in July 2006.

The coroner determined Farrell committed suicide, though his family believes he was shot accidentally while in the company of Bobby Regola.

Sen. Regola, a Republican from Westmoreland, is awaiting trial in May on charges of perjury and illegal possession of a weapon by a minor. He's accused of lying under oath at a coroner's inquest, and of letting his son keep the gun in his bedroom some months before Farrell was shot.

___

March 20, 2008 - 4:50 p.m. EDT

10 year old facing felony charges

2007-12-20T11:03:00.000-08:00

Another example of today's juvenile justice system run amok. Why is this girl facing a felony weapons charge? The simple fact that she is facing such a charge is beyond me.

We are gonna end up with a bunch of kids growing up with felony records! So much for them being the future if they do.

Again I ask, what are we as a society doing to our children? Are we in such fear of our children, that we need to criminalize them?

The story can be found at this link, just copy and paste it to your browser http://www.parentdish.com/2007/12/18/10-year-old-arrested-for-cutting-her-lunch-with-a-knife/

A Matter of Time--How Juvenile Justice Systems Fail Kids

2007-12-10T15:59:00.000-08:00

A Matter of Time--How Juvenile Justice Systems Fail Kids
By David Shapinsky, www.abcnews.go.com, February 26, 2000
--------------------------------------------------------------------------------

In South Dakota this week, a non-profit organization filed suit against the state’s Corrections Department for its handling of juvenile offenders now incarcerated.
The allegations of mistreatment and abuse are shocking, but perhaps shouldn’t be — our nation has been promoting a tougher approach to juvenile crime for years. The results, experts say, are starting to come in.

Fear of ‘Super Predators’
The latest wave of tough-on-crime initiatives was born out of fear. Five years ago, arrests for murder, aggravated assault, and robbery were setting records. And some experts began warning about a new breed of young “super predators”—a prediction that led to federal initiatives like the Violent Youth Predator Act of 1996, introduced by Florida Congressman Bill McCollum.

According to many experts and officials, the super predators never materialized. Says one public defender, who asked to remain anonymous: “I don’t see that the children have changed very much. I can see that their environment has changed. It’s a more dangerous time. Same temptations, but amped up” — because of how easy it is for them to get powerful weapons.

Tough Love Gone Wrong?
Juvenile crime may not have increased, but responses to juvenile crime are increasingly tough and often draconic. Five years ago most young offenders in South Dakota were placed in community-based programs rather than large penal institutions. Since then, children as young as 14 have been placed into large prisons. The system “is both barbaric and counterproductive,” says March Schindler, Staff Attorney for the Youth Law Center, a national public-interest law firm that works on behalf of juveniles in the justice system. This past week, Schindler and his colleagues visited a juvenile prison in South Dakota and talked with 12 teenagers. The group walked away, says Schindler, “with the belief that these kids were being severely mistreated,” that a poorly trained staff was “totally incapable” of handling their charges, and that the teenagers were suffering from a lack of services as well as from “punitive and arbitrary punishment.”

After investigating numerous stories of abuse, the Youth Law Center filed a Class Action lawsuit this week, with these allegations:

In a practice known as “four-pointing,” girls have been tied down in spread-eagle-fashion by male staff, who then cut off their clothing with scissors.

A 13-year-old boy was confined in isolation for more than 30 days, and severely depressed children are put in isolation without supervision for long periods of time. Children are routinely chained to the doors of their cells in a practice known as “bumpering.” All forms of communication between inmates and their families are monitored for negative comments about the facility, and negative comments are punished. Psychotropic medications are being dispensed by staff without adequate training, and without supervision by medical or mental-health personnel.

These charges come following the death of a 14-year-old girl who was forced to run as punishment — the event that touched off the scrutiny of the South Dakota facilities last year.
“They are abusing kids as well as not giving them any treatment,” Schindler says. He’s worried that the South Dakota juvenile justice system is “creating an engine for crime,” making problem kids worse.

Biased System
Further, the system may be biased against kids with learning disabilities. Experts who have profiled juvenile offenders have found that they are often kids who hit a learning wall early in life, who may have trouble reading or progressing through school. Over time, this may become a disability and a frustration. And by the time they reach their teens, the situation can deteriorate. They may act up in school. Violent or anti-social behavior may be their recourse.

If this is not an excuse for criminal behavior, it is nevertheless a haunting reality, especially when literally hundreds of experts will tell you the same thing: the justice system is littered with young men and women with learning disabilities.

And many of these individuals are minorities. Black children aged 10 to 17 are only 15% of the population. Yet they account for 26% of juvenile arrests, 32% of delinquency referrals, 41% of juveniles detained in delinquency cases, 46% of juveniles in correctional institutions, and 52% of juveniles transferred to adult criminal court after judicial hearings.

Furthermore, some studies have shown that white teens who commit the same crimes are less likely to face such extreme policies.

Dangerous Lessons
Yet the politics of juvenile justice rarely seem to reflect the realities. According to the Youth Law Center, more than 40 states have changed their laws in recent years to allow more juveniles to be tried as adults.

This, says the Center, happens despite evidence showing that juveniles who move through adult corrections facilities are “significantly more likely to be rearrested than those kept in juvenile court, commit new offenses sooner, and commit more serious offenses than juveniles kept in juvenile court.” One of the most studied and successful programs can be found in South Carolina, where extremely difficult teenagers are helped without being locked away. Rather, staff intervene in their lives in an effort to help the children gain some self-esteem, and work with parents to foster a stable home life whenever possible.

It is a relatively simple, though time-consuming, recipe for change. Schindler says the programs that work are generally small, staff intensive, and directed at helping kids make a connection with a caring adult. That adult doesn’t break them down: instead he or she finds some strength in the teenager and builds on that asset. It is an attempt to turn troubled youth into self-respecting citizens.

These attempts, however difficult and costly they may be, are worthwhile. Our current course, exemplified in South Dakota, could prove self-defeating very quickly. The predators of tomorrow may be the children we have failed today.

Children's rape case puzzling

2007-12-10T15:40:00.000-08:00

After announcing the rape charges leveled against three boys, ages 8 and 9, Acworth Police Capt. Wayne Dennard said he had "never seen anything like this."

And he's a seasoned cop.

The details are shocking enough. So are the potential repercussions, for the alleged victim —- an 11-year-old playmate of the boys —- and the accused.

Most startling of all: Sexual assaults committed by children, against children, are not as uncommon as parents want to believe, though some experts question whether boys as young as 8 are capable of rape.

"In my counseling center, we see lots of sexually aggressive children" said Dr. Julie Medlin, director of the Medlin Treatment Center, which treats both the victims and perpetrators of sexual abuse of all ages. "I can't tell you how common it is."

"This is a problem most people don't know about."

Sally Thigpen, statewide coordinator for Stop It Now! Georgia, a public health campaign targeting child sexual abuse, agrees the problem is a growing one. There's no single cause, she said. Some children may be repeating behavior they've experienced. Others may be influenced by repeated exposure to pornography.

"Sexual assault by children against other children is way more under-reported than sexual assaults committed by adults," Thigpen said.

While the behavior may not be isolated, such acts are rarely prosecuted, particularly among children so young. But Medlin said she has dealt with several rape cases involving children under 10 years old, most referred to her by juvenile judges or the Georgia Department of Family and Children Services.

Georgia's criminal code defines rape as "any penetration of the female sex organ by the male sex organ." While it's difficult for many to fathom children so young engaging in such activity, it can, and does, happen.

"Little boys can get erections," Thigpen said. Medlin concurs that children can get aroused by sexual material. "Children are capable of having sexual feelings," she said. "They can experience the same [physical] sensations an adult does."

Some of the behavior is natural. It's normal for children ages 6-10 to explore their bodies, Medlin said. They may play games like "doctor" or "I'll show you mine if you show me yours." When that behavior turns aggressive it may indicate that the perpetrator has likewise been a victim of sexual abuse, she said.

"Usually, something's been done to them or it's something they've seen," Medlin said.

Due to a court-imposed gag order, few details are known about the Acworth case. The girl told investigators she was pulled into a wooded area by the boys, where she said she was raped Nov. 15. The alleged incident occurred on a Thursday and was reported to police two days later. The boys are charged with rape, kidnapping, false imprisonment and sexual assault. Their age precludes them from being charged with felonies but the alleged delinquent acts could land them in a juvenile facility where they would be placed among mostly older children.

"There's possibly a few that age, but they would certainly be a distinct minority," said Steve Hayes, public affairs director for the state Department of Juvenile Justice.

Some experts believe the case doesn't belong in the court system.

"Forcible fondling between children is miles apart from what we think of as rape," said Frank Zimring, a professor of law at the University of California, Berkeley. He has authored books and papers on child legal issues. "The motivation, the sophistication, the degree to which it is sexual ... it's not in the same league."

Charging the children with assault may be more appropriate, Zimring said. "But considering the ages, and relationships between the children, I'm skeptical," he said. "It seems like this should be discussed without involving a sexual component."

Child psychologist Elizabeth Ellis also disputes whether boys that age are capable of rape, in the adult context. "This whole case is rather mind-boggling," Ellis said. "If the boys did anything, it's more likely to be grabbing and groping. To act in such a coordinated fashion just seems far-fetched. Eight- and 9-year-olds aren't really capable of conspiring to commit a crime."

Ellis, a former counselor at a rape crisis center, said young girls in the 8 to 13 age range sometimes fabricate stories about sexual assaults. "I get about one a year among my patients," she said. "There's something about our culture that seems to love sexual abuse victims."

A 1989 study in the Journal of the American Academy of Child and Adolescent Psychiatry found rates of false allegations made by children range between 2 percent and 8 percent. However, the rate of reported sexual abuse cases that are never substantiated is between 50 percent to 65 percent. For children ages 6 to 12, the rate of false allegations is 4.3 percent. The rate rises with the onset of adolescence.

"What motivation would a child have to make this up?" Medlin said of the Acworth case. "What does she have to gain?"

Regardless of whether the accusations in the Acworth case are valid, Medlin said the problem of child-on-child sexual abuse is only getting worse.

"Porn is becoming more and more accessible, and children are like clay," she said. "At that young age, if they hadn't seen it, they may have never thought about it."

Intervention is key.

"When you see this happening, you need to do something," Medlin said. "It's much, much easier to treat a younger child than a teenager or adult."

In earlier articles on this same story, it was mentioned that the *victim had talked to others about this occurrence at a slumber party. Her parents only found out about this *rape* through another little girl at the slumber party, telling them. The *victim* did not go straight home and tell her parents. Therefore it looks to me like a case of this *victim* engaging in sexual acts, then when someone told on her, she cries rape to save her own butt.

The other parents in an earlier article, was saying the same thing I had said above.

When are we as a society going to stop allowing people to use our justice system for revenge. or to cover up their own wrong doing? Why are these children paying for a crime, that literally cannot be proven to have happened?

It is within, the opinion of this blogger, that these children need help via counseling and other support services. Not to be locked up in a juvenile facility somewhere.

FBI may collect juveniles' DNA

2007-11-29T07:02:00.000-08:00

By Richard Willing, USA TODAY
WASHINGTON — DNA profiles from hundreds of thousands of juvenile offenders and adults arrested but not convicted of crimes could be added to the FBI's national DNA crime-fighting program under a proposed law moving through Congress.
The law, if enacted, would be the greatest single expansion of the federal government's power to collect and use DNA since the FBI's national database was created in 1992. The FBI says its national DNA database holds genetic profiles from about 1.4 million adults convicted of state and federal crimes.

The changes, in a little-noticed section of a bill that would authorize $755 million for DNA testing, were approved by the House of Representatives on Nov. 5. Backers say the Senate is likely to approve a similar version by early next year.

The FBI system works by using computers to match a person's DNA, the cellular acid that contains an individual's unique genetic code, to DNA taken from unsolved state and federal crimes. Using DNA drawn from convicted adults, the system made 8,920 matches through September, the FBI says.

Proponents, including the Bush administration, say that expanding the number of profiles in the database would greatly increase the number of crimes solved. Keeping DNA profiles on file to solve future crimes, they argue, differs little from maintaining a database of fingerprints, which the FBI also does.

The American Civil Liberties Union counters that DNA is different because it contains genetic information that should be kept private. Taking a person's DNA before he is even convicted, said ACLU Washington lobbyist Jesselyn McCurdy, "removes the presumption of innocence."

Advocates for juveniles say that giving teenagers what amounts to a "permanent criminal genetic record" defeats the purpose of the juvenile justice system by treating the youths as adults.

"It runs counter to the tenets of juvenile court, which is toward confidentiality and giving a child another opportunity to turn around," said Nancy Gannon of the Coalition for Juvenile Justice, which advises state governments on justice policy.

Thirty states already collect DNA from juvenile offenders, typically ages 13-17, for their own use. In 1998, the most recent year for which statistics are available, 634,000 youths were found responsible for crimes by juvenile courts or other authorities.

Virginia began taking DNA from arrestees in January and expects to collect 8,000 samples this year. Other states are considering arrestee sampling. To date, Virginia has matched DNA taken from arrestees to 40 unsolved crimes, including 11 sexual assaults. But federal laws prevent these samples from being added to the national database and compared to unsolved crimes in other states.

Discussion on the Young Rapists article

2007-11-19T20:21:00.000-08:00

More criminalizing our youth? I see no mention of therapy for these two boys or the young girl involved.

The trouble is when we criminalize our youth and try them as adults, we are not rehabilitating them, we are making them worse.

These two boys should not be tried as adults. They are not adults, they are children, who are saying "We need help".

Since when did our society, start caring more about putting kids away than helping them. I hate to say it but it is society that made these children as they are.

When I was growing up, you didnt see sex on TV as you do now. Jerry Springer need I say more? Open sexuality was not discussed or shown as it is now. So ofc our children is going to have a sexualized mind now.

We have video games literally glorifying sex and violence. Even though they are rated does people really believe it is preventing our youth from getting a hold of them?

Does social workers,cops and courts really believe that the children of today's society have no knowledge of sex and violence?

If we really wanna help our youth, we need to go back to the morals of yesterday and get rid of all this crap that is bombarding our children today. We as parents also need to uphold a good solid moral standard within society and the home.

The social workers and courts need to come out of the stone ages and realize what today's society as whole is teaching our children. And then maybe we can find a solution to the problem other than criminalizing them.

Young Rapists

2007-11-19T20:19:00.000-08:00

ACWORTH, Ga. (Nov. 19) - Three boys ages 8 and 9 were being held Monday in a detention center on charges of kidnapping and raping an 11-year-old girl in the woods near a suburban apartment complex, officials said.

The alleged attack happened Thursday and the girl's mother reported it to authorities Sunday, Acworth police Capt. Wayne Dennard said.

"The juvenile victim stated that an 8-year-old boy and two 9-year-old boys that she had been playing with earlier pulled her into a wooded area, where one of the boys raped her," Dennard said.

The three boys were charged with rape, kidnapping, false imprisonment and sexual assault, Dennard told The Atlanta Journal-Constitution. Their names were being withheld because of their age.

Prosecutors have not decided whether to try the suspects as adults.

"That decision hasn't been made," said Kathy Watkins, a spokeswoman for the Cobb County District Attorney's office. She had no further comment.

Calls to the Acworth Police Department were not returned Monday morning.

Acworth is 30 miles northwest of Atlanta in the city's fast-growing outer suburbs.
Boys Ages 8 and 9 Charged With Rape - AOL News

A Documentary of the Juvenile Justice System gone wrong

2007-11-07T06:26:00.000-08:00

Please make sure to watch this. I would suggest everyone to obtain a copy of this.

Juvies
(66 minutes) USA
Director: Leslie Neale
Producers: Leslie Neale, Mark Wahlberg and John Densmore

Description:
From award-winning documentary filmmaker Leslie Neale (Road to Return) comes this riveting look at a world most of us will never see: the world of juvenile offenders who are serving incredible prison sentences for crimes they either did not commit or were only marginally involved in. For two years, Neale taught a video production class at Los Angeles Central Juvenile Hall to 12 juveniles who were all being tried as adults. Juvies is the product of that class, which was a learning experience for both students and teacher – and becomes a learning experience for all of us, as we witness the heartbreaking stories of children abandoned by families and a system that has disintegrated into a kind of vending machine justice. Narrated by actor Mark Wahlberg, himself a former juvenile offender, Juvies follows the lives of a group of young people who will serve most, if not all, of their lives behind bars. The kids talk about the mistakes they made and what they would do if they had the chance to do things differently. What has gone wrong with our juvenile justice system? And can it be changed before more young lives are destroyed forever? Juvies offers no easy answers, but it will make you think long and hard about what democracy and justice really mean.

Biography:
Leslie Neale lends 20 years of experience in the entertainment industry, and her dedication to criminal justice reform to this film. Her first film, Road to Return, was narrated by Tim Robbins, and was about the successful return of ex-cons into society. Road to Return won several prestigious national awards and screened for the United States Congress, prompting a Senate Bill from the House Judiciary Committee to fund the aftercare program in six more states. Leslie then directed Rhythm of the Heart, for Wisdom Television and Winstar TV & Video and A Healing Presence, for the Medical Mission Sisters, a six-minute promotional piece for use by the warden of Ironwood State Prison on the graduating ceremonies of the Palo Verde College Class of 2003. Juvies, Leslie’s current documentary, came about as a result of volunteer teaching a video production class at Los Angeles Central Juvenile Hall. She began this class after being invited to observe a writing program for high-risk juvenile offenders in 1999. Juvies is about juveniles being tried as adults, their lives within the system and the collapse of the American juvenile justice system.

Contact Information:
Chance Films, Inc.
15332 Antioch St., Suite 332
Pacific Palisades, CA 90272
E-mail: info@juvies.net

My son's story: A victim of our current Juvenile Justice system

2007-11-04T05:30:00.000-08:00

4 years ago my son was convicted of rape here in Ohio. My son is still in the Correctional Facility, if this helps at all.

I want to share the full story with you and to do so involves alot of players so I will start out by giving you all the players in the story. Not real names. To protect indenties, but they will relate as if they were the real names.

Bob- the boy my son was accused of raping he would be age 10 at the time.
Belinda- Bob's mother
Courtney-mother of Belinda and Bob's grandmother and also grandmother of Dora.
Gretchen- mother of Dora and living with me, also a childhood friend.
Dora- granddaughter of Courtney and daughter of Gretchen living with me. Also niece of Belinda. Also gets an SSI check. And was also brought up in the case. She was also 12 at the time. But a little older than my son.
Denny- Dora's brother and lives with Courtney. Gets an SSI check as well
Mick- my son's grandfather on his dad's side and married to Courtney.
Gabe- my son and grandson of Mick's

Those are your players in this story. Again *not their real names*. Hopefully you followed the *family* connections here.

One day 4 years ago my son goes over to Belinda's house to play with her older son Jeb, who is Bob's brother. The cops were called by Courtney to the house. Courtney was not in the house when she called them, she was home about 15 miles away if that has any bearing.

The cops arrive at Belinda's house along with Children's Services at 4:00 Pm. They were questioning the kids, * I found this out later* and also talking to Belinda.At 4:30 PM , my son Gabe, was taken to the police station, at this time I was called to come to the police station and notified that my son was being charged with rape.Until 4:30 PM I had no idea that my son was even in trouble.

So, I arrive at the police station to see Belinda in a room with her son Bob talking to some guy. I later find out he was a juvenile court administrator AND supposedly a CPS investigator. *Not to mention that this guy also works as a commissioner too*.

Upon arriving at the police station I ask to see my son Gabe, I was told no, not right now. They ask if they can talk to my son Gabe, I said no I want a lawyer for him. So, they come out of the room where my son Gabe was being held.

Then they proceed to ask me about my son and what he was like at home and if he had had any other previous sexual history. I said not that I know of. I've never had him in trouble for something other than fighting.

They proceed to tell me that he was being accused of raping Bob and Dora.

I said oh no, Dora has been molested before by someone her mother knew. And that man is in jail now for molesting Dora and her brother and other kids. Dora, does know what sex is and she is very slow. She doesnt fully understand what is going on here and you are just upsetting her. I want a psychologist here talking to these kids.

Needless to say, I never did get a psychologist there.

I said ok, I would like you to check into Bob's past as well. I know for a fact that he has been accused of molesting 4 other little girls. Their response to me was, this is not about Bob this is about your son Gabe.

I asked them at this time, can I take Gabe home? They said no, he will be going to an emergency foster home placement overnight. You will go to court tomorrow morning. I said ok, can I please see my son Gabe before you take him? They let me, but I had to have a cop in the room with us. Upon seeing my son Gabe, I saw that he was terrified and crying and asked me Mom will you take me home? I said I cant hon, you will have to go somewhere else for the night at least.

The next day comes and we meet with his lawyer, and his lawyer said for now lets plead not guilty. I said ok, will my son be allowed to come home then? He said I doubt it as he is being charged with raping both Bob and Dora. And Dora lives with you. I said ok.

We go into court and they said they needed to find a foster home with no children willing to take my son. So he was placed in Juvie hall for 2 weeks till the next court date. I am a deaf parent, so I asked for an interpreter for future court hearings and they said ok. I also asked to obtain my own court appointed lawyer. They agreed to that as well. My son had the public defender for his lawyer.

At this time, I was and still do not have enough money to hire my own and his own lawyers. So we had to go with court appointed.

Well during this two weeks, we *my son and I* met with our lawyers. I asked them what is the evidence against my son? They said we have Bob's statement and his mother Belinda's statement backing him up on his story, this is on video.

We also have a statement from your son Gabe that he admitted to doing this. I said whoa, where did they get that statement at? When I went to the police station, I asked for a lawyer for him and they immediately came out of the room and never did question him there or call for a lawyer. They said he made a statement at Belinda's house.

I then asked the lawyer about Dora, and they said that was dropped due to the fact that Dora is not believeable.I said ok.

What about a rape kit? Was there one done? They said no, that they did not do rape kits in juvenile cases and do NOT need one to convict.

I said ok, let me see this video of the statements made by Bob and his mother. They show a video of Bob and Belinda sitting in a room being questioned together. I said whoa, your saying you have a case because Belinda backs up Bob's story? How could she not? When she is sitting in the SAME room with him hearing everything he says?

I then ask them, is it legal for them to question my son at Belinda's house without my knowledge and my being there at his age? My son was 12 at the time. They said yes, as a police officer did not question him, but the CPS investigator did *who was also a juvenile court administrator?* I said ok, I wanna go to trial.

The lawyers for us said, why the prosecutors have a solid case? You would lose.I said why? Because as I have stated at the police station, Bob has a past. He has been accused of molesting 4 yes FOUR other little girls. Whereas my son has no past history of sexual crimes at all.

Our lawyers told me, that we COULD NOT bring that up at trial.I said why? Our lawyers said, that is not admissable in juvenile court.

I told them at this time, that I knew the only reason why this is happening, is because Courtney wants custody of Dora and cannot prove me unfit. And this is her way of getting around that now.

They said you cant prove that. And even if she did file custody, it would have no bearing on this case.

I said ok what can we do? They said your best bet was to plead guilty and get it over with. So we did. And 4 years later, my son is sitting in a correctional facility still.

Well about a year after they took my son and all this was done, I was at my son's aunt's house to visit her and Jeb and Bob were there. Jeb comes up to me and says right out of the blue. Kris, *not my real name* when they said Gabe was in the closet with Bob, that isnt true. Gabe was in the bathroom on the phone talking to some girl. Gabe was never anywhere near Bob.

I called our lawyers immediately and informed them of what Jeb said. I told them you need to question Jeb away from his mother. The lawyers said, it wont matter, it is all hearsay.

Ok, now on the court papers, here is what the crime is said to be. Gabe and Bob were in the closet. Both of them had their pants down. Gabe was behind Bob. There was no penetration.

Wait a minute! How can it be rape with no penetration? I asked that and never did get a straight answer.

Bob, is currently living at home with his mother still. Even though I reported Bob's past, nothing was ever done to help that child with counseling or anything.

My son is still in the correctional facility 4 years later. Gabe is now 16 and hoping to be home soon.

Also, forgot to mention the same day the cops were called on my son, we later found this out, that Courtney files for custody of Dora. On the very same day! I asked the lawyers about how that just proves me right, and they said it had no bearing on this case.

Dora and her mother moved out within days of this happening and moved in with Gretchen's mother. So when Courtney found out she was living with Gretchen's mother, she pulled the custody papers and stopped trying for custody.

So there is the story, you be the judge.

Fact Sheet

2007-11-04T05:22:00.000-08:00

Campaign for youth justice
Because the consequences aren't minor

Fact Sheet: Youth Sex Offenders

In many states, youth sex offender statutes require youth to be tried and sentenced in the adult criminal justice system. Research shows the ineffectiveness of these approaches and that youth would be more appropriately served in the juvenile justice system.

The following are key facts about youth sex offenders.

Youth sex offenders are statistically less likely than are both adult sex offenders and juveniles who committed non-sex offenses to re-offend.

More than 90% of arrests of youth for sex offenses represent a one-time event that will never recur.[i] Studies of youth repeatedly show low recidivism rates ranging from 3% to 4%.[ii]

The National Center on Sexual Behavior of Youth (NCSBY) reports that only 5% to 14% of juvenile sex offenders re-offend (compared to approximately 40% of adults, as reported by the Bureau of Justice). The re-offense rate for sex offenses is substantially lower than are the recidivism rates for other adolescent delinquent behavior, which range from 8% to 58%.[iii]

In reviewing many studies on recidivism rates of juvenile sex offenders, the authors of an Office of Juvenile Justice and Delinquency Prevention report surmised that subsequent sexual recidivism was relatively infrequent once the offending was officially recognized.[iv] Multiple studies reviewed by the authors found that most first-time offenders desisted from sexual offenses following adjudication and treatment and very few committed such offenses as young adults.[v]

Studies demonstrate that treatment center staff members accurately identify offenders who show a low risk of re-offending, but inaccurately overidentify youth as being at-risk or likely to re-offend by classifying many offenders who never recidivate as at-risk for committing future offenses.[vi]

Youth who are charged with sex offenses are amenable to treatment

Youth are in a transitional and developmental stage in their lives and their sexual offending behavior is not fixed, so juvenile-specific treatment is very promising.[vii]

According to the NCSBY, most youth sex offenders can be treated successfully through weekly outpatient group treatment lasting 8 to 28 months.[viii]

The Association for the Treatment of Sexual Offenders (ATSO) reports that the significantly lower incidence of sexual aggression, fantasy, and compulsivity among youth than among adult offenders suggests that the sexual behavior problems displayed by juveniles have a better chance of improving with intervention.

ATSO thus recommends that youth sex offenders be treated through high-quality, juvenile-specific, community-based treatment as an alternative to the adult criminal justice system whenever possible.

Additionally, ATSO suggests that juveniles should be subjected to community notification procedures in only the most extreme cases.[ix]

Problems with treating youth sex offenders the same as adult sex offenders

Compared with youth committed to a juvenile facility, a child sentenced to serve time in the adult system spends his/her formative years in a prison environment where he or she is:

· twice as likely to be beaten by staff,
· 50% more likely to be attacked with a weapon, and
· nearly eight times more likely to commit suicide.[x]

Treating youth in the juvenile justice system rehabilitates them more effectively, reduces recidivism, and saves taxpayer money. For example, intensive supervision and treatment for sex offenders is estimated to cost $5,000 per year, whereas incarceration in an adult facility costs more than $20,000 per year.[xi]

Age of consent laws can unfairly criminalize adolescent behavior. Almost all sexual behavior by children who are below the age of consent is against the law.[xii]

Notes

[i]. Zimring, F.E. (2004). An American travesty: Legal responses to adolescent sexual offending, p. 66. University of Chicago.
[ii]. Ibid, Appendix C.
[iii]. National Center on Sexual Behavior of Youth. Frequently asked questions about adolescent sex offenders (ASOs). Available from http://www.ncsby.org/pages/publications/FREQUENTLY%20ASKED%20QUESTIONS%20ASO.pdf
[iv]. Righthand, S., & Welch, C. (2001, March). Juveniles who have sexually offended: A review of the professional literature. Washington, DC: Office of Juvenile Justice and Delinquency Prevention. p. 30. http://www.ncjrs.gov/pdffiles1/ojjdp/184739.pdf
[v]. Ibid, p. 31.
[vi]. Ibid, p. 34.
[vii]. In Roper v. Simmons, 125 S.Ct. 1883 (2005), the U.S. Supreme Court explained that “the character of a juvenile is not as well formed as that of an adult. The personality traits of juveniles are more transitory, less fixed.” p. 1195.
[viii]. See National Center on Sexual Behavior of Youth, 3.
[ix]. Association for the Treatment of Sexual Offenders. (2000, March 11). The effective legal management of juvenile sexual offenders. Available from http://www.atsa.com/ppjuvenile.html
[x]. Flaherty, M. 1980. An Assessment of the National Incidence of Juvenile Suicides in Adult Jails, Lockups, and Juvenile Detention Centers. Champaign, IL: Community Research Forum.
[xi]. The Association for the Treatment of Sexual Abusers. Facts about adult sex offenders. Retrieved February 8, 2006, from http://www.atsa.com/ppOffenderFacts.html
[xii]. Garfinkle, E. (2003). [Comment] Coming of age in America: The misapplication of sex-offender registration and community notification laws to juveniles. California Law Review 163, p.91.

Sentences too long??

2007-11-02T01:11:00.000-07:00

I would like to post about the previous article.

The previous article had bills in the Arizona legislature to leave sentencing up to the judges instead of the prosecutors.

This tactic does not work either. In Ohio the judges do decide sentencing or should I say, leaves it up to the parole board actually.

I believe instead of leaving things up to the judges or prosecutor's we need to have actual legislation written to determine the amount of time for each crime. We need statues put into place that will say for this type of crime the minimum is blah blah and the maximum is blah blah.

When the sentences are left up to the elected officials, they are of course gonna give them toughest or weakest sentence based upon public interest in the case, who is the defendant, and wanting to appear tough on crime. They do this with re-election in mind every time.

Do we really wanna leave the fate of our youth in the hands of the elected officials within our juvenile justice system?

When this is the case, and things are left up to the elected officials, many factors you would want to consider is: a campaign contributor's child is the defendant and or complainant, how has the recent issues centering around your case been in the media lately, what type of community you come from, and is that elected official up for re-election soon?

All of these I would say have a major factor in how the case will be handled if left up to an elected official. It is within my opinion that the juvenile justice system is already too weak when it comes to sentencing and prosecution of a case. Do we wish to make it weaker still?

The juvenile justice system was and is for the protection of our children. Since when did it become a political issue? Since when did it become a platform for pushing a political agenda?

We have allowed our juvenile justice system to criminalize our children, with possible lifelong consequences for youthful mistakes made.

My proposal is to have statues put into place stating that if convicted of a crime they are given a minimum and maximum sentence as allowable under the law.

For example, if convicted of rape, then the juvenile be sentenced to no less than a year but no more than 5 years. This is an example only. As of right now this is not so. When my son was convicted he was given no limited time. He was taken at 12 years old, he could serve till he is 21 if they decide to. My question is why is this allowed in our juvenile justice system?

Even an adult offender is given 25 to life or what have you. An adult at least knows they have to serve a minimum of 25 years. Why does our children not know what their minimum is? An adult knows that they can serve a maximum of life . Why does our children not know their maximum?

Is this the message we really want to send our children within the juvenile justice system?

Does a possible 9 years fit my son's crime? Is 9 years too long to have to pay for a youthful mistake?

Children even younger than my son are convicted of crimes each day. They can serve even longer. Would their crimes fit the punishment? Do these children really deserve to lose all chance of a childhood?

You be the judge, and tell me and others if the current juvenile justice system is satisfactory.

Panel rejects bills on youth sex offenders

2007-11-01T15:14:00.000-07:00

Panel rejects bills on youth sex offenders
Debate tackles consent, sentencing

Amanda J. Crawford
The Arizona Republic
Feb. 13, 2007 12:00 AM

Family members of young sex offenders pleaded with lawmakers on Monday to change state laws that sometimes result in long sentences and lifelong consequences for those who commit crimes when they are minors.

Two bills, sponsored by Sen. Karen Johnson, R-Mesa, would have given judges, instead of prosecutors, discretion in sentencing juveniles tried as adults and would have expanded the age range that teenagers could have consensual sexual contact without criminal ramifications. With prosecutors mounting an aggressive defense of the status quo and one lawmaker absent, both bills died in committee on tie votes after a lengthy and emotionally charged hearing.

The legislation evolved from hearings last fall in which families, public defenders and others involved in the system told of unintended consequences of existing laws, including those that make consensual sex among teens a crime.

At Monday's Senate Judiciary Committee, Ebony Richards, 27, testified about her fiance, who she said is branded as a sex offender and cannot be alone with their children because of a conviction nearly a decade ago for having sex with a young neighbor. He was 15 at the time. The girl was 13, Richards testified.

Mark Faull, special counsel to Maricopa County Attorney Andrew Thomas, said he believes even young people can be sexual predators and prosecutors should have the tools to treat them as such.

The debate over the two bills centered on two key issues: who should decide the length of sentences or probation young sex offenders face and when a teenager should be able to consent to sex with another teen.

Senate Bill 1425 would have changed the age range that can result in a felony conviction for consensual sexual contact. Under current state law, sexual contact, from touching to intercourse, with anyone younger than 15 is a felony, even if the youths are close in age and the contact is consensual.

The bill would have kept 15- or 16-year-olds that have consensual contact with 13- or 14-year-olds from facing felony charges and the same with young adults up to age 20 who have contact with consenting teens up to three years their junior.

Bill Montgomery, who ran unsuccessfully for Arizona attorney general last year, testified that changing law to allow 13-year-olds to consent to sex with 15-year-olds would be tantamount to telling them that such behavior is OK.

"I think it sends the wrong message," he said, comparing removing felony statutes for sex among teens to removing speed bumps from streets just because everyone speeds.

Johnson and Sen. Ken Cheuvront, D-Phoenix, strongly defended the measures as not being soft on crime, but realistic. Kids are having sex at those ages; the unfortunate ones should not face lifelong consequences for it, they said.

"We're not here to be soft on sex offenders," Johnson yelled to audience applause after Faull testified. "We're talking about young people - kids!"

The other bill, SB1426, would allow judges, not prosecutors, to decide when a lengthy mandatory sentence is appropriate for juveniles charged as adults. Now, a youth who is prosecuted as an adult is subject to the same lengthy mandatory sentences as someone much older, which could mean decades behind bars or lifelong probation.

Faull defended his office's prosecution decisions, while the bill's supporters said they believed those decisions should rest with the court.

Three other bills aimed at young sex offenders are pending in the Legislature.

Discussion on why the juvenile justice system needs to change

2007-10-30T22:38:00.000-07:00

The reason why I feel this is so needed is because our children are not being given the same treatment in the juvenile justice system that an adult would.

While I realize the child victims do need to be treated differently than you would an adult. Should this make it so that our child cannot bring up a very viable defense?

For example, lets say, the child victim has a police record for past offenses. Why can not this be brought up in court to cast doubt on the credibility of the other child? While this may sound like a very mean thing to say or do to another child, it is also limiting our children's defense.

I am in no way stating that we should batter the other child in court as it is done in adult court. In adult court the accuser as an adult would be questioned about their past. I am proposing that in juvenile cases involving juvenile victims, that the record not be brought up to the victim but to the judge or jury. This should be weighed in the final decision on guilt. It casts a very serious credibility issue. The juvenile justice system needs to recognize that our juveniles are more sophisticated today than they were 20 years ago. In today's age our juveniles are more aware of sexual issues than they were 20 years ago. The juvenile justice system needs to be updated to reflect that.

For example, in my son's rape case, the victim had 4 prior reports on him raping and molesting 4 other little girls, I know this for a fact due to knowing the victim and his family for many many years. Now if the law had been made so that I could use this in court. That very much would have casted doubt on a judge's or jury's mind. I was and am not proposing to ask the victim about these crimes, I am however proposing that the judge and jury be made aware of such reports. In adult victim cases this is done. Not in Juvenile victim cases. The juvenile justice system needs to be changed to reflect that in today's society these victims may not be as innocent as they were when the original system was set up.

This issue above seriously limited the defense we could put on for my son. It would also seriously limit any child's defense in any case.

For the most part juvenile court proceedings are kept private and not open to the public, so therefore the juvenile victim's privacy would still be protected.

In my son's case, the other child had those 4 past reports on him, my son had 0, zilch,zero on him. That in my eyes, if I was juror on his case, and if I had been allowed to hear this, would have casted serious doubt in my mind as to who was doing what. And not only that it would have shown me that the other child might not be so believable.

I want you all to think, that even though no one wants to believe that their children can be anything but perfect, what happens if your child is accused? Not only for rape, but for many other things? Would you not want them to have every defense possible? Would you not want them to be able to defend themselves as well as an adult can in court? In our current Juvenile Justice system this is not happening. We cannot give them the best defense as of right now and we as parents need to be very concerned with this issue.

Let us now discuss, why a rape kit is not required on a victim under the age of 12?

In Ohio, the law allows for a rape case and conviction without obtaining a rape kit. I know this personally and all too well. My son was convicted on no DNA evidence whatsoever. He was convicted solely on the word of the other child and his mother. You may ask how is this possible? My answer to you is, very good question. This law here is a very seriously flawed one. Not only does this pertain to juvenile court and crimes only, but it also pertains to adults as well. Did you know that a child can come back till they reach the age of 24 and accuse you of having raped them, and be able to charge you with the crime?

Let me repeat that, just to make sure you got the message. Yes, I said a child can accuse you of the crime of rape, no matter when the rape happened, until that child reaches the age of 24 and you can and will be charged with rape. My question is how can this be proved? There was never any DNA evidence, never an exam proving that a rape happened. The charge will be brought simply on what the *victim* said happened. How are you to defend yourself? How are we to defend our children? If we can't even defend ourselves through DNA evidence how are we to defend our children?

This law here only proves that we are all too willing to believe these *victims*. However, we tend to forget that the ones accused may truly be the innocent victim. What's to say that the *victim* didn't bring this charge out of spite, malice, or what have you? There is not much done in the way of making sure this does not happen.

In my son's case alone, there was not much investigation. We talked to the cops once during the whole time, and we were at the police station a total of 3 hours. End of investigation. I'm serious about that! After that it was turned over to the DA, and the next day we were in court. How is that enough time to investigate the person bringing the allegations? Yes, I said investigate the *victim*. In my opinion the *victims* friends and other relatives and people surrounding that victim should be questioned. The reason for this is to make sure that it is not a revenge thing. Most of the time, the cops only think of revenge is in the *issue* of a broken marriage or relationship.

Real life investigation does NOT even begin to come close to what you see on TV. In real life, the cops in fact do very little investigating. In real life, cops usually draw up police reports and gather statements, and that is the *evidence* given to the DA. Yes, you are going to be charged and taken through court on just that little bit of *evidence*.

My dear readers, this is not evidence, this is hearsay and a signed statement. Anyone, anywhere, anytime, can simply sign a statement against you for any reason, and get you into trouble. The police do not waste their time investigating these allegations and people involved. The DA does not waste time investigating it. All they care about in this system as it is, is that little bit of *evidence*.

In a ideal world, if my son's accuser's past had been investigated as I asked, then the cops would have had a hard time believing him. But you see, they don't do that. Would you want to have to go court over something you didn't do? Would you want to have to go to court, when your record is clean, and your accuser's record is littered with the same offenses he is accusing my son of without DNA evidence proving you did something? This can and does happen. And it COULD be you it happens to.

Information on my son's case and how the juvenile justice system failed him.

2007-10-30T01:21:00.000-07:00

I posted these questions to a legal forum offering legal advice. The response I get is that everything was done legally in my son's case, including the fact that there was no rape kit done, proving that a rape even happened.

http://forum.freeadvice.com/showthread.php?t=382046

Like I said, I am not making this about my son's case. It is too late for me to really be able to help him. But with the changes, I am advocating to have happen, maybe I can save a future child from suffering through this.

I would like to see especially, rape kits be made mandatory in all juvenile cases. It does help to prove innocence or guilt. I realize that condoms may be used to prevent semen, but most of the time hair or skin cells would still be transferrred. This is a huge step needed to be taken to stop convicting these children on simple hearsay.

It is within my opinion, that something like this could even happen in our juvenile justice system is very outrageous. Is this the way we want our children to experience our juvenile justice system? Do we want them to view our juvenile justice system as being unfair? Do we want them to view the juvenile justice system as a system that you cannot get a decent defense in? Do we want our children to be afraid of dealing with our juvenile justice system? Do we want our grandchildren facing the juvenile justice system that our current children face?

These are some very serious questions you need to ask yourself when you view this blog. These are also questions, I believe every parent should answer with a resounding NO! I hope every parent stands up and says to our lawmakers, "The current juvenile justice system is unacceptable and needs to change!" I hope every parent stands up and get their voices heard.

Some information and laws and case studies.

2007-10-30T00:14:00.000-07:00

b) The court may admit any evidence that is material and relevant, including, but not limited to, hearsay, opinion, and documentary evidence. I am wondering why is hearsay allowed in juvenile court when it is rarely allowed in adult court?

http://www.sconet.state.oh.us/Rules/juvenile/

Sometimes the police will ask you to answer questions. You do not have to speak if you don’t want to. You do not have to speak without your attorney present. If you don’t have an attorney, you can ask for one at any time. You can always ask for a parent to be present during questioning.
Whoever is questioning you may say any of the following to get your cooperation:
"If you answer truthfully, you can go home."
"If you tell what your friends did, nothing will happen to you."
"If you tell the truth, you don’t need an attorney."
"If you don’t confess, you can go to trial as an adult."
All of these situations depend on many factors besides whether you answer questions. You can’t always go home; you may get charged if you tell what your friends did; and you may be tried as an adult even if you confess. The police do not control whether or not charges are filed. They do not control what type of charges are filed. If the police make promises about your charges, you cannot enforce these promises later. If you are not sure what to do, you should always ask for an attorney before you answer any questions.

My question to this is. What child at 12 years old is not gonna cooperate with a promise that they can go home? In my opinion this would be the same as entrapment.

http://opd.ohio.gov/juv/jv-rights.htm

Petitioner's Claim By being prohibited from cross-examining a prosecution witness regarding the witness's status as a juvenile offender (under a state law protecting the anonymity of juvenile offenders), petitioner was denied his right to confront witnesses under the Sixth (and Fourteenth) Amendments.

This is often cited in juvenile rape cases. As of right now a child cannot bring up another child's past sexual history in court. I totally agree with this petitioner's claim above. It is denying our children, that are accused from confronting a witness and casting reasonable doubt on the other child's statements. Why is this still allowed within our current juvenile justice system? The other child in my son's case had 4 different police reports on him and CPS reports alleging he raped 4 other little girls. I would say that is significant in helping my son to prove that he was not the instigator as they claimed. I would also say it would be significant in proving that the other child knew about sex and could be lying. I believe this really needs to change. Not only in rape cases but all cases.

http://law.jrank.org/pages/12794/Davis-v-Alaska.html

Just think with laws and procedures like these, it may be your children. When the current juvenile justice system was set up we were living in more innocent times. I believe we as a people and as parents need to call for a whole overhaul of our juvenile justice system.

A litte background on why I think this is an important topic

2007-10-29T22:37:00.000-07:00

Four years ago, my son was accused of a crime. That crime was rape. We went through the juvenile justice system and I found it very lacking in defense. He was 12 at the time he was charged.

I am not advocating this change to help my son. It is too late for that. I am hoping that I can bring about change for ALL children who may find themselves in trouble.

As of right now, in our juvenile justice system there is not much we as parents, can do to help our children prove innocence or guilt.

There are many points I wish to touch on in this blog.

I will also be citing laws in Ohio, proving these points, and questioning why these laws are as they are.

I will also try to find federal laws for you to back up these points. But as of right now, I only have some knowledge of what Ohio laws state.

I will try to post at least once a day here, if not more often.

To start this blog off, these are the points I wish to address, and change.

1. Why are we as parents, not called and notified immediately, at the time the police are called? Why is it that we are only notified when our children are taken to the police station? Do we as parents, not have the right to make sure our children's rights are being protected from the very beginning? We should not be notified a full half hour later that the cops are talking to our children in regards to a criminal case!

2. Why is it that in juvenile court a rape kit is not required to prove a rape ever happened? In adult court very few, and I mean few, would make it in front of a judge without a rape kit. Why is it that in juvenile court, the word of another child is all that is needed?

3. Why is it that in juvenile court, we are not allowed to bring up the other child's history? If that child was accused of the same crime that he is accusing your child of, then why cannot we use that to prove innocence?

4. Why is it that in juvenile court, that when the other child is accusing your child of something, the other parent is allowed to sit in with their child and hear the story given? Would it not be better to split them up and make sure their statements match that way?

5. The punishment should fit the crime. Why is it that, some people get away with very little time for the same crime, and others spend years? For example, my son has now served 4 years, and is still serving time, however a sheriff deputy was convicted of statutory rape at around the same time my son's case was happening. Do you want to know what he got? 18 months! How is this fair and equal punishments? In my opinion, this is a form of cruel and unusual punishment.

6. Why is counseling not mandatory for all involved, including the victims? I feel that counseling for all should be mandatory. When these kids are involved in counseling without parents, the truth of the case may come out while in counseling. This would also help to prove innocence or guilt. But more importantly, it would help everyone involved deal with the situation and the aftermath.

7. How can it be rape if penetration never happened and was even stated to not to have happened? I thought rape had to include either penetration of a penis or a foreign object? How can rape be proved with no physical evidence of a rape happening?

The above items are the points I wish to address. These points are not only for a juvenile rape case, they can also be for any case, where another child accuses a child.

Now, I would like to challenge each and every one of my readers. Open your mind, close your eyes, and imagine, what if this was your child? What if this was your child facing these inadequate procedures being used within the juvenile justice system?

And then you decide if these laws and procedures are adequate for your child to face?