America’s Juvenile Injustice System | Marsha Levick | TEDxPhiladelphia

Summary

The video script discusses the irony and evolution of the American Pledge of Allegiance, highlighting the nation's struggle to fulfill its promise of 'justice for all,' particularly for children. It delves into the history of the juvenile justice system, from its well-intentioned origins to the corruption scandals and the Supreme Court's efforts to protect children's rights. The narrative is punctuated by personal stories illustrating the system's failures and the need for a collective commitment to ensure justice for all children.

Takeaways

• 📜 The Pledge of Allegiance is a daily ritual in American schools, yet its meaning, including concepts like justice and liberty, may be too complex for young children to fully understand.
• 👶 Justice for children has been an unfulfilled promise in America for over a century, despite good intentions and efforts to reform the juvenile justice system.
• 🏛 The first juvenile court was established in 1899 in Chicago, with the philosophy of treating children differently from adults in the criminal justice system, focusing on rehabilitation rather than punishment.
• 👮‍♂️ Original juvenile court proceedings were informal and conducted in secret, without lawyers, prosecutors, witnesses, or court reporters, reflecting a stark contrast to adult court processes.
• 📰 The 1960s saw a significant shift in juvenile justice with the Supreme Court case of Gerald G., which highlighted the lack of due process and constitutional rights for children in the juvenile system.
• 🎓 After the Gerald G. case, the Supreme Court ruled that children have rights under the Constitution, including the right to counsel, to confront witnesses, and to have charges proven beyond a reasonable doubt.
• 🔫 The rise in crime during the late 1980s and early 1990s led to policies that treated juveniles more harshly, with many being tried as adults and subjected to severe punishments, including life without parole.
• 🏛️ In response to harsh sentencing practices, the Supreme Court issued a series of decisions from 2005 to 2012 that banned juvenile death penalty, life without parole for non-homicide crimes, and mandatory life sentences without considering the individual characteristics of youth.
• 💔 The 'Kids for Cash' scandal in Luzerne County, Pennsylvania, exposed corruption where judges received bribes to ensure private detention centers were filled with children, many of whom were not provided due process or legal representation.
• 🌟 Despite systemic failures, there are success stories like Hillary Transue, who was helped by the Juvenile Law Center and was able to return to her community and complete her education.
• 🤝 The collective nature of the Pledge of Allegiance signifies a communal responsibility to ensure justice for all, including children, and calls for individual reflection on how to contribute to this goal.

Q & A

What is the irony mentioned in the script about the Pledge of Allegiance?

The irony is that the Pledge of Allegiance, which includes the phrase 'justice for all,' is recited by school children who may not fully understand concepts like justice, liberty, allegiance, and republic.

What was the original intention behind creating the first juvenile court in the United States?

The original intention was to treat children differently from adults who committed crimes, focusing on rehabilitation and treatment over punishment, without the formalities and harshness of adult criminal court proceedings.

How did the juvenile court system change in the 1960s?

The juvenile court system became more formalized and transparent after the case of Gerald G reached the Supreme Court, which led to the recognition that children had rights under the Constitution, including the right to counsel, to confront witnesses, and to due process.

What was the impact of the rise in violent crime in the late 1980s and early 1990s on juvenile justice policies?

The rise in violent crime led to a shift in policies, with states competing to be the toughest on juvenile offenders, resulting in many children being tried as adults and facing the same harsh punishments as adults.

What significant changes did the United States Supreme Court make to juvenile sentencing between 2005 and 2012?

The Supreme Court banned the juvenile death penalty, life without parole for non-homicide crimes, and mandatory life without parole for homicide crimes. It also declared that the characteristics of youth must be considered in sentencing.

What was the 'Kids for Cash' scandal, and how did it expose flaws in the juvenile justice system?

The 'Kids for Cash' scandal involved two judges in Luzerne County, Pennsylvania, who were found to be receiving bribes to ensure that children were sent to private, for-profit detention centers. This scandal exposed the corruption and the lack of due process for children in the juvenile justice system.

What was the experience of Hillary Transue like after being adjudicated delinquent and sent to a juvenile correctional facility?

Hillary's experience was negative, as she was sent away for a minor offense without proper legal representation. However, her case was taken up by the Juvenile Law Center, and she was able to return home and complete her education.

What did the children involved in the Juvenile and Criminal Justice System feel about the concept of 'justice'?

The children felt that 'justice' was about the injustices they experienced, such as long periods of incarceration, solitary confinement, poor educational opportunities, and a lack of care and understanding from the system.

How did Marcus, another young man involved with the Juvenile Law Center, describe his experience with the justice system?

Marcus described the justice system as cold and uncaring, focused more on punishment and what he did rather than who he was as a person.

What is the collective promise made when reciting the Pledge of Allegiance, and why is it significant?

The collective promise is to secure 'justice for all,' which is significant because it represents a commitment to fairness and equality for every individual, including children, within the society.

What challenge does the speaker issue at the end of the script, and why is it important?

The speaker challenges the audience to consider how they can participate in the effort to secure justice for all children in America. It is important because it encourages individual responsibility and action to address systemic issues within the juvenile justice system.