A travesty of a bill has passed through our Senate, one that places children under federal custody in great danger. The Juvenile Justice Bill (S.254), is one of the greatest setbacks to youth rights progress in our time. In the wake of the tragic school shootings, a reactionary wave passed through our government, with quickly and poorly designed legislation being thrown about in an attempt to "do something" to stop a perceived teen crime epidemic. But as often happens when panic and emotion rather than reason take over our government, rights and liberties disappeared with every vote.
This hastily constructed bill strips children of even basic protections in our judicial system and puts them in danger of assault and rape in our prisons. It even makes it easier to execute young people, by making it possible to try people as young as fourteen as adults, but without giving them even a semblance of adult rights to representation. The decision about whether to try the suspect as an adult is in the hands of the prosecutor, not the judge, so we will see more overzealous lawyers trying children as adults. It also targets those who follow an alternative lifestyle, by portraying subcultures such as Goth as "gangs".
The passages of the bill affecting youth rights are buried deep within the text, as measures slipped in surreptitiously within what was portrayed as a "gun control" bill. Gun control is an issue with great public support, and the bill flew through the senate, passing 284-181. Yet the sections pertaining to gun control form only a small part of the legislation, and are not the law's main aim. While supporting one aspect of the bill, many people did not notice the other more surreptitious parts that strip away our civil liberties. Whether you support or oppose gun control, there are measures in this bill that are offensive to anyone with regard for human rights and dignity of young people. These are some of the most vulgar parts, as quoted from the ACLU.
I. The Bill Eliminates Protections for Children in the Federal Juvenile Justice System.
(1.) The Bill Would Increase the Number of Juvenile Cases Handled in the Federal Court System at a Time When the Federal Courts are Already Overburdened. (Title I, sec. 5032). (2). Prosecutors Would Have Unreviewable Discretion to Prosecute Children as Adults (Title I, Sec.5032). (3). Judicial Discretion in Sentencing Children Will Be Reduced. II. The Bill Would Weaken Federal Provisions Which Protect Children in State Juvenile Justice Systems (1). States Will Not Be Required to Address Racial Inequalities in Juvenile Detention. (Title II, sec. 222 (a)(7)(A)). (2). Children could be exposed to adult inmates while in detention. - (Title II Sec. 5031 (4)-(5)). (3). S. 254 would require states to make juvenile records available to schools and other law enforcement agencies. (Title II, sec. 1802). III. Privacy Rights for Children Will Be Severely Compromised (1). Children's Court Proceedings Would Be Open to the Public (Title I, Sec. 5032 (g)). (2). Federal Juvenile Records Will Be Released to Schools and Other Organizations. (Title I, Sec. 5038). (3). S. 254 would require mandatory testing of children without providing counseling or treatment. IV. S. 254 Violates the First Amendment (1). Children Will Receive a Mandatory Four Year Jail Sentence for Being Members of a Gang Even if They Have Not Committed Any Crime (Title II Sec. 522 (a).) (2). S. 254 Requires Funding Religious Based Treatment Programs (Title II, Sec. 292 (a)).
Section IV opens whole new categories of non-criminals to persecution. Police often label subcultures or political activist groups they dissaprove of as "gangs" to give legitimacy to their persecution. Movements such as goth and straight-edge have been targeted by gang squads. Activist groups such as Anti-Racist Action have been considered gangs too. Therefore, youth can automatically go to jail for FOUR YEARS simply for dressing a certain style or associating with political activists. This is a blatant attempt to stifle the free speech and socialization rights of youth. There are other terrible parts as well. As clause two of section one states
2). Children could be exposed to adult inmates while in detention. - (Title II Sec. 5031 (4)-(5)).
This section places children AS YOUNG AS SEVEN in unprotected exposure with adult prisoners, putting them in danger of molestation.
(1). Children's Court Proceedings Would Be Open to the Public (Title I, Sec. 5032 (g)).
As of now, the media is not allowed to pry deeply into trials involving youth. This bill pulls out all the stops. A child confronting an abusive parent won't just have to go through the shame of recounting their story, but also the shame off being the next spectacle on CourtTV.
This bill criminalizes non-criminal behavior, removes children's protections, and places them in danger. This is a bill that takes children's rights and hands them over to prosecutors. Please contact your legislator and tell them what havoc this bill will wreak. Though it has passed, if enough public outcry is raised there is the glimmer of hope that it may be repealed. Please help protect the children trapped in our justice system, and speak out against the Juvenile Justice Bill (S.254)!