Monday, May 16, 2011

Miranda Rights for Kids

“He knew that the fact that I ran made me guilty of something. So why would Miranda rights mean anything to him?” (48) In the short thirty minutes it took R. Dwayne Betts to commit six felonies his mind had gone into a whirlwind. He was confused about what had happened, he had acted on impulse and did not think about consequences. So by the time he was cuffed, processed, and question he was very confused. He did not understand his Miranda rights. He did not understand that was he said to the police was going to be repeated by a judge to prove guilt. After all he is just a kid. The frontal lobe of the brain controls decision making and impulse control. That part of the male brain is not fully developed until the age of twenty-five. Twenty-five. Dwayne Betts was sixteen, while he should have been held responsible for his actions it must be recognized that he cannot be held responsible to the level of an adult. It is simple, he does not have an adult brain therefore does not make adult decisions therefore cannot be given adult consequences. Mr. Betts goes on to write “after being processed, the police learned I was sixteen; my age, an afterthought” (50). Mr. Betts upon arrest was not even treated as a kid, yes while he was guilty, his age became an afterthought. He crime became what defined him.
This really bothered me. I have a big problem with the way juveniles are treated from both the justice system and many police. I feel as if juveniles are looked at as being guilty until proven innocent, I also believe that they are not looked at as being juveniles, but that is what they are. They are still kids. This really bothers me because the experience juveniles have while their brains are still developing are so vital for future decisions. If a person is put into jail while their frontal lobe is still not fully developed, it will continue to develop around making decisions based off of other criminals. This is unfair and most importantly it is not completely their fault, yes it is their fault for committing the crime but they are still kids.

Adjusting to a New Life

As Mr. Betts begins his sentence at Fairfax County Jail he had many new adjustments to make. The first of which would be sleeping without a mattress. When Mr. Betts first got to the jail it was a “slab of concrete that was my bed” (14). He went eight days without a mattress, shower, or a change of clothes. He had to adjust to live with nothing. His belongings and self was defined in one trash bag and his prison number. I found this rather disturbing. Mr. Betts wrote “90673. That number became more important than my name” (25). Although I understand jails must keep track of their inmates it felt so dehumanizing when I read that especially because he was just a kid. He wrote “After a felony those dreams vanished. It made me wonder, and stare at the wall thinking about what a second chance meant to the guilty. When I read this it really bothered me because he is right, what does a second chance mean to the guilty? Once an inmate is released from prison their punishment is not over, it follows them around for the rest of their lives. They must suffer forever. This suffering comes from the lack of being able to get a job, find housing, find peace, have a good education, and most of all be accepted back into society. This is why so many offenders reoffend. Is there really even a second chance for the guilty? They get their freedoms back when they are let out, but will they ever again be truly free? Mr. Betts was only sixteen years old when he first committed his crime, and then for the rest of his life he will be at a disadvantage. There are so many benefits that have been lost by transferring Mr. Betts to an adult prison. He is really just a kid, now this is not to say that his crimes should just go away. He is guilty, but his brain is not fully developed yet he is still growing and

Sunday, May 1, 2011

Four Kids Four Crimes: Frontline Juvenile Justice

The first boy's name is Manny. He grew up on the streets of San Jose, joined gang life, and believe that the only way to protect and prove himself was through physical violence. He was only fourteen years old when he was sentenced to juvenile court for rape. At age seventeen Manny and two other of his gang members attacked a family in his neighborhood, and was arrested on four counts of attempted murder. Manny was found guilty in adult court and sentenced to nine years in an adult prison. Manny says "It might as well be a done deal. Two strikes. . . . I am only 18 years old. I plan to live until I am 50, I'm not perfect. I don't know, I don't think I'm going to make it, you know? I don't think I'm going to stay out for good" (PBS Frontline).
The second boy's name is Shawn. He grew up in an affluent neighborhood in California. Shawn's father was awaken in the middle of the night by Shawn stabbing him repetitively with a knife. He was sixteen years old at the time. Shawn agreed to plea guilty which allowed to stay in the juvenile system, thus having a much lesser punishment. Shawn was allowed to stay in the juvenile system despite his criminal background. He was charged with strong armed burglary and his drinking and marijuana use lead him to be kicked out of two different schools. "Judge Edwards ruled that Shawn remain in the Santa Clara County's Juvenile Hall until he turns 19. In addition, Shawn would be allowed to leave the facility during the day to attend community college classes, private counseling sessions, and Narcotics Anonymous meetings. Eventually he was even allowed to go home for meals with his family."
The third boy's name is Marquese. At seventeen years old he had been in and out of the juvenile justice system quite frequently. Marquese's last charge was auto theft and residential burglary. Prosecutors pushed to have Marquese tried as an adult due to his criminal past, but Marquese's lawyer disagreed. She believed that due to Marquese's childhood circumstances that the juvenile justice system would be the best option to rehabilitate Marquese. The judge in Marquese's case agreed with his lawyer. He believed although the nature of Marquese's crimes were violent his terrible childhood allowed him to have another try at rehabilitation in a Juvenile facility.
The last boy's name is Jose. At fifteen years old Jose was charged with murder. He was involved in a street fight that ended in a death of a young boy. Jose fled the scene. According to Frontline "After fleeing the scene of the assault, José and his friend had found the second victim struggling to walk with a broken ankle, and they helped the victim to get home and clean up. It was also discovered that while José had participated in the beating, he appeared to have played a lesser role in the attack." He was sentenced to 208 days in Juvenile Hall.
Four different juveniles with four different crimes. I believe all the punishments that these young offenders received were appropriate with the exception of Shawn. I believed with Shawn's past criminal experience he should have been tried as an adult. The nature of his crime was heinous. I do not believe that Shawn's life should be ruined for his actions, but I think it sends a message with an affluent, white, teenage boy tries to kill his father and still gets to go home for dinner, while Manny will sit in adult prison for nine years. While there crimes are not the same, they are similar. It is tough to say what should be done with teenagers who commit adult crimes, but what is obvious is the inconsistency between cases.

http://www.pbs.org/wgbh/pages/frontline/shows/juvenile/bench/adulttime.html