It is becoming increasingly evident that, just as driving while Black and walking while Black have become “crimes” that often draw police attention almost anywhere in America, simply being a Black child in a public school can likewise get one into trouble . . . in the Old Dominion as much as anyplace else.
According to a recent report by the Joint Legislative Audit and Review Commission (JLARC), Black youths were more than twice as likely to be referred to Virginia’s juvenile justice system as their white counterparts, even as the number of teens in statewide programs and detention centers has dropped more than 70 percent over the past decade. Virginia’s juvenile detention centers have more beds than any other state in the region, according to the report. The racial disparity exists in every jurisdiction across the state, but it was far higher in some counties — including Arlington — than others. Law enforcement officials were also more likely to refer Black youths to the juvenile justice system than were schools and probation and parole officers.
VoxFairfax readers will recall that between November 15 and December 20, 2021, we cross-posted a six-part series from ProPublica that recounted in graphic detail the treatment of Black children in Rutherford County, Tennessee. The findings have garnered national attention, including a letter from 11 members of Congress requesting an investigation by the Department of Justice. Among the findings:
- Black children were jailed for a crime that does not exist. Almost nothing happened to the adults in charge.
- The judge who oversees the juvenile justice system in Rutherford County has a staggering history of jailing children. She said “kids must face consequences,” which rarely seem to apply to her or the other adults in charge.
- A police officer wanted to arrest all kids who watched a fight but did not participate, and searched state laws to find a reason. The officer had been disciplined 37 times, including nine suspensions.
- In 2003 Rutherford hired a consulting firm to help design a new detention center. The next year the firm produced a lengthy report, alerting the county that it was locking up kids at an exceptionally high rate. Jailing children should be “the last of a number of options,” the firm wrote. Less restrictive alternatives not only save money, they’re “more effective in reducing recidivism,” making them better for children and the community. In 2005, Rutherford County dropped the consulting firm and rejected its advice. The county opted for a 64-bed detention center, with no shelter care.
- In July 2016, a 10-year-old, through her mother, sued a police officer in federal court. Her lawsuit was later expanded into a class action against Rutherford County. Lawyers would eventually estimate that kids had been wrongly arrested 500 times. And that was just for kids arrested by the sheriff’s office. As for how many times the juvenile detention center had improperly locked up kids, the lawyers estimated that number at 1,500. The federal lawsuit ended with Rutherford County being permanently banned from punishing kids with solitary confinement. A federal judge called the practice inhumane. The county, in settling, did not admit any wrongdoing.
- Investigators interviewed 13 police officers, four school officials, two prosecutors and a pastor. But two people refused to be interviewed: the two judicial commissioners. They “failed to cooperate,” a Nashville sergeant wrote. “This is unfortunate. … Important information could have been obtained.” In his recommendations, the sergeant wrote that it’s “worth considering” whether police should give more weight to advice from prosecutors than judicial commissioners. Both judicial commissioner were reappointed, one in 2017 and the other in 2019.
- Forced to stop jailing so many of its own children, Rutherford County ramped up its pitch to other places, to jail theirs. The county has created a marketing video titled “What Can the Rutherford County Juvenile Detention Center Do For You?”
- In Rutherford County, the same woman still runs juvenile court, making $176,000 a year. She’s up for reelection next year, and has said she’d like to run for another eight-year term. Others have vowed to run against her.
One wonders how such inexcusable behavior can go on, and for so long. The answers: (1) People don’t notice. (2) Those who do notice have no power in the community. (3) Those with power in the community don’t care, as it does not affect them (read: whites). (4) Those in charge of law enforcement are determined to keep on doing what they’ve always been doing, no matter who tells them they must change.
One wonders how such inexcusable behavior can go on, and for so long. The answers: (1) People don’t notice. (2) Those who do notice have no power in the community. (3) Those with power in the community don’t care, as it does not affect them (read: whites). (4) Those in charge of law enforcement are determined to keep on doing what they’ve always been doing, no matter who tells them they must change.
The authors of the Virginia report also interviewed judges, prosecutors and defense attorneys, who said youths were often getting substandard legal representation, and that the problems were most prevalent with court-appointed attorneys, who are paid far less than in other states. Some attorneys did not have a firm grasp of juvenile law, and sometimes spent little time with clients before representing them in court.
JLARC oversees state agencies in Virginia, and in November 2020 directed staff to investigate and report. The authors found that rehabilitation programs overseen by the state’s Department of Juvenile Justice (DJJ) weren’t particularly effective. Similarly, the report concluded that DJJ could do a better job of helping youth offenders return to communities.
A spokesman for DJJ said the department is addressing issues identified by the report but disagreed with some conclusions. “Many of the DJJ specific recommendations are things that we agree with and have been working on,” he said. “Progress is noted in some areas and we continually report on areas that need more work.”
Further, Virginia’s first children’s ombudsman has started investigating cases since the office was established last summer, but has yet to formally open to the public. This office is to investigate complaints concerning the 120 local social services departments in the state. According to the ombudsman, the office is currently working to hire staff, build a website and create a case management system for complaints. He wanted these to be in place before advertising the office’s contact information and creating a complaint hotline. But the end result is more delay.
It must be remembered that issues with juvenile justice affect all youth—white, Hispanic, and others—as well as Black. Society and the law tend to look upon juveniles as incompetents yet subject to the harshest penalties. Public policy reforms must be developed for all juveniles.
It must be remembered that issues with juvenile justice affect all youth—white, Hispanic, and others—as well as Black. Society and the law tend to look upon juveniles as incompetents yet subject to the harshest penalties. Public policy reforms must be developed for all juveniles.
In one positive act, Virginia early last year became the 23rd state to mandate the review of life sentences (or any sentence of more than 20 years) for children, effectively eliminating life-without-parole for crimes committed by someone under age 18, in recognition of their greater capacity for rehabilitation. This affected some 700 Virginians. The law responds to recent U.S. Supreme Court rulings recognizing that “children are constitutionally different from adults for purposes of sentencing” and their diminished culpability and heightened capacity for change and rehabilitation make them “less deserving of the most severe punishments.”
While the JLARC report recommended that the General Assembly implement more training requirements aimed at combating the racial disparity issue, the executive director of Rise for Youth, a group that advocates for teens in the juvenile justice system, said she was particularly troubled by the racial disparities, and said that the issue called for a more systemic examination. She encouraged officials to “put in place some fail safes from the police and arrest procedures, to court services sending the arrest petition, on to judges and how they are treating kids in the courtroom, and finally to the prosecutors and defense attorneys.”
Sounds like good advice—for Virginia and Rutherford County, Tennessee, and the countless other jurisdictions across the country where similar situations continue. What will it take for change to happen? Swift, meaningful accountability. We’re not there yet.
Categories: CIVIL RIGHTS, crime and punishment, Issues, juvenile justice, legislature, National, police, POLICING, prisons, prosecutors, RULE OF LAW, State
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