The goal of Victor Rios’ book Punished: Policing the Lives of Black and Latino Boys aims to show the “failures of criminalization, the failures of using harsh, stigmatizing, and humiliating forms of punishment to ‘correct’ and ‘manage’ marginalized youth, as well as to highlight the consequences that these methods have on young people’s trajectories” (2011). Though Rios predominately examines Oakland, this process is unfortunately indicative of the minority youth experience throughout the U.S. The idea that male youth of color are “criminalized and pipelined through the criminal justice system” is a disturbing result of persistent racism and ageism in the criminal justice system that shows up all over the place once you know how to recognize it.
March 20th of this year, the Supreme Court debated the cases of Miller v. Alabama and Jackson v. Hobbes, both of which involved juveniles (14 years old) convicted of murder of adults, ultimately calling into question the justice of juveniles convicted of murder being given mandatory life sentences in prison without possibility of parole. This isn’t the first time the Supreme Court has debated juvenile justice, according to this report on Colorlines, “the justices have previously ruled against imposing death sentences on juveniles and imposing life sentences on youth who aren’t convicted of murder” (Lee 2012). The idea of a 14-year-old serving a life sentence without the possibility of parole seems incredibly disturbing, especially when you think about young males who have been raised under an already hyper-criminalizing eye being pipelined directly into the prison system. With NO chance for redemption, what does this say about our expectations for the lives of youth convicted of crimes in the U.S.? Not to mention all the risks we at which we put youth in adult prisons (physical and sexual assault, etc.) Here are some statistics about juvenile males ALREADY serving life sentences without parole across the U.S., compiled by Colorlines:
It’s important to think about the disproportionate representations in these statistics too. What does that say about which boys specifically we’re seeing as unable to be rehabilitated, even at the the age of 14? Colorlines breaks it down even further. Here’s another interesting look that is a testament to the state of the criminal justice system in the U.S.:
Clearly, all youth are not being treated equally in the eyes of the law. And yet, they are expected to accept the “consequences of their actions” to the same degree as people twice their age, or more. So we can ask, what kind of justice is being served here?
Let’s go back to the beginning. Rios identifies sites of punitive control in his account of Oakland minority youth; one such example is schools. According to the New York Times, public schools are indeed one of the main sites of this criminalization of youth, particularly black youth, where they are disproportionately punished:
Although black students made up only 18 percent of those enrolled in the schools sampled, they accounted for 35 percent of those suspended once, 46 percent of those suspended more than once and 39 percent of all expulsions, according to the Civil Rights Data Collection’s 2009-10 statistics from 72,000 schools in 7,000 districts, serving about 85 percent of the nation’s students. The data covered students from kindergarten age through high school.
One in five black boys and more than one in 10 black girls received an out-of-school suspension. Over all, black students were three and a half times as likely to be suspended or expelled than their white peers.
And in districts that reported expulsions under zero-tolerance policies, Hispanic and black students represent 45 percent of the student body, but 56 percent of those expelled under such policies.
And here we can see the cycle: kids are disproportionately punished in schools because of preconceived notions about “violent” or otherwise “bad” youth (minority youth are marked as criminals from the start). Then those kids go on to be disproportionately convicted of crimes, and disproportionately imprisoned–in some places even without the possibility of parole. Without a fighting chance from the beginning, especially their schools of all places (what does this also say about U.S. educational institutions?), what realistic choice can these youth even expect to have about their futures? As Deborah J. Vagins of the ACLU notes in the NY Times article, “The harsh punishments, especially expulsion under zero tolerance and referrals to law enforcement, show that students of color and students with disabilities are increasingly being pushed out of schools, oftentimes into the criminal justice system” (Lewin, 2012).
The pipelining of minority youth into the criminal justice system is an undoubtedly huge, problematic cycle of issues resulting from countless structural inequalities. When considering poverty, education inequities, racial disparities, the inefficient juvenile justice system, inadequate healthcare (we could go on)… it is difficult to imagine a possible “solution” to this phenomenon. However, there is hope in the fact that the trend is recognized and beginning to be tackled from different angles. The Children’s Defense Fund has been facilitating a national campaign since September 2007 called the Cradle to Prison Pipeline Campaign, which seeks to
reduce detention and incarceration by increasing preventive supports and services children need, such as access to quality early childhood development and education services and accessible, comprehensive health and mental health coverage (“Cradle to Prison Pipeline Campaign,” 2012).
The campaign has facilitated the formation of coalitions in each state that regularly hold summits in order to “formulate action plans and form working groups to promote best practices, build community and confront policies that are contributing to the crisis in their state” (“Cradle to Prison Pipeline Campaign,” 2012). They also publishes tons of reports with helpful statistics on the crisis, and provide resources on youth and poverty, incarceration, and school disciplinary practices. They also raise awareness through media campaigns.
I’ll close with Edwin Desamour, whose story is the focus of an Washington Post editorial by Marian Wright Edelman, president of the Children’s Defense Fund. As a 16-year-old in a poor and violent neighborhood in Philadelphia, Desamour was convicted of a homicide. He went to jail, where he realized how much he wanted to help the youth in his community avoid suffering his same fate. He was lucky enough to be determined “mature” enough to earn parole, and went on to found his own organization in the neighborhood where he grew up. Men In Motion In the Community (MIMIC) is an organization that works to not only make changes in young people’s lives but also to engage adults in with the young people in their community. Here’s a video of Desamour being interviewed by CNN:
The MIMIC mentoring model can be likened to those situations where Rios observed young men being able to navigate themselves out of the system of punitive control with the aid of a mentor who “made a significant difference in their ability to perform” (2011). As Rios notes, their ability to have “genuine caring relationships with adults who advocated for them and helped them develop their everyday resistance and resilience into social capital” then allowed them to “desist, complete high school, and attend college” (2011). These are the types of relationships MIMIC seeks to facilitate, by providing programming and activities for youth, as well as leadership development for adults.
Though the pipeline trend may be disturbing and overwhelming, it’s important to keep in mind the importance of individuals like Desamour. His story does so many things. It can inspire adults to step into the lives of youth being affected by many of the these cyclical issues, as well as demonstrate the potential of young people themselves to transform their communities–as long as they are not hastily written off as deserving nothing more than spending the rest of the days of their lives in prison for crimes committed as teens caught up in the vicious cycles of poverty, racism, and criminalization.
“Cradle to Prison Pipeline Campaign.” (2012) Children’s Defense Fund: Programs and Campaigns. Retrieved from http://www.childrensdefense.org/programs-campaigns/cradle-to-prison-pipeline/.
Edelman, M.W. (Mar. 15, 2012) “Giving jailed juveniles a second chance at life.” The Washington Post. Retrieved from http://www.washingtonpost.com/opinions/is-life-without-parole-for-teenagers-cruel-and-unusual/2012/03/05/gIQAfZF1ES_story.html?tid=wp_ipad.
Lee, H. (Mar. 21, 2012) “As Supreme Court Listens, Here’s a Look at What It Means to Lock Kids Away for Life” Colorlines Blog. Retrieved from http://colorlines.com/archives/2012/03/juvenile_life_in_prison_without_parole.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+racewireblog+%28ColorLines%29&utm_content=Google+Reader
Lewin, T. (Mar. 6, 2012) “Black students face more discipline, data suggests.” The New York Times. Retrieved from http://www.nytimes.com/2012/03/06/education/black-students-face-more-harsh-discipline-data-shows.html?_r=2
Rios, V. (2011) Punished: Policing the lives of Black and Latino boys. New York: New York University Press.