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Juvenile Justice: Two Possible Meanings













































12/11/99

Juvenile Justice: Two Possible Meanings


Two factors have led me to write this commentary. One, for the last 2 1/2 months I've been working in a Juvenile Correctional Facility as an Education Assistant and two, I recently posted quite a few links to Juvenile Justice sites in the Criminology Room. Thus, its not surprising that this subject is on my mind quite a bit these days. I'd like to share some of my thoughts about Juvenile Justice based on my study of it and on my experience working with incarcerated juveniles. This experience, however, goes beyond the slight time I've actually spent in a Juvenile facility. Although there are a number of things unique to this setting, there are many similarities between it and adult correctional facilities. I have a great deal of experience in adult prisons...having taught numerous college courses in quite a few prisons since 1986. This experience gives depth to my perspective as well as a backdrop against which to observe and analyze juvenile settings. So be advised that I've not a novice when it comes to prisons, okay?

The title of this commentary, Juvenile Justice: Two Possible Meanings...refers to two possible ways to understand "juvenile justice." One way is the standard way...a justice system pertaining to juveniles. The other is a tad sarcastic...the so-called "justice" applied to juveniles might be seen as childish...juvenile in the sense that it is inadequate and silly. Silly refers here to the ridiculous treatment of juveniles inside these places. This may sound harsh to some, but I'll try to explain it so this harshness is diminished. Further, I'm not going to deal with the issue of "legal rights" of incarcerated juveniles here. This is, of course, of paramount importance...given the history in this country of the almost complete lack of acknowledgement of these rights (now changing ever so slowly). Instead, I want to focus on the atmosphere and treatment of juveniles inside these facilities...both by the institutional authorities and educational authorities...and the premises and assumptions upon which they are based. This might necessarily rub against the "rights" issue, but that's not my point.

I'm an educator...not a correctional officer or administrator. My presence in prisons over the years has been for the purpose of educating, not control. Although an educator who frequents prisons is certainly an "authority figure," I've always considered that any authority I have inside a prison is no different than that I have on a college campus. Further, although I must keep "order" inside a classroom in a prison...upholding and maintaining the "rules" of the institution (something I've done faithfully), I've firmly and honestly distanced myself from the institution's authority structure...something I've considered essential for creating the kind of atmosphere I consider integral to the education process. Since distrust of correctional authorities is fairly rampant among inmates, if I am to gain the trust of students I feel I've got to make sure they understand my position. This approach has worked thus far every time and I wouldn't do it any other way. Let me add one other thing...in all the classes I've taught in all the prisons I've entered (including the less-structured setting I work in now), I've never been threatened by an inmate, never had a life=threatening occurennce in a prison setting, and have never had one instance of violence. I feel safer in a prison than I do on the highway, that's the truth. I've never taught a class or met with any kind of inmate with the door open or with an officer present, either.

Furthermore, I'm a sociologist...not a psychologist, shrink, nor anything else associated with psychology. Having said that, I very much lean towards an integrated sociological approach...one that could loosely be called social psychological. I take as important both the individual and the group and instead of posing them as opposites, I ask about the relationship between them. Instead of focusing on the MACRO structures, instead of limiting myself to just the MICRO level...again, I ask about both of them...what is the relation between them. Therefore, as it relates to prisons and the individuals in them, I'm concerned with both the individual who is there AND the social forces/currents/structures which gave rise to them being there...not to forget just why we have the prisons in the first place. Thus, it is my considered opinion or perspective that the dominance of pychological approaches in prison...both adult and juvenile...is one of the largest problems in doing anything with and/or for any inmates. I've yet to be in a prison of any sort that had a "staff sociologist." Yes, maybe there's a "social worker" here and there, but then again most social work is done from a psychological perspective anyway.

So what's my point here? It's that I wonder just what it is the juvenile correctional authorities think they are actually doing for the kids they have in their facilities. The one I work in is essentially a "close" or "maximum" security facility. There is little to nothing the "youth" can do without a staff member present. There are few activities for the youth in this facility. Most of them sit around and do nothing. Cards are allowed...as are dominos...some books...a TV/VCR for the privileged...but that's about it. They are constantly bombarded with orders to get their feet down, keep it quieter, and permission to "move" from one place to another. Even when they are sitting quietly and bothering nobody, their feet being up on a nearby chair or stool is singled out...causing just a bit more resentment. And that's just about all this system produces...resentment (and subsequent comments back at the staff member...which then leads to some time of censure such as a "downgrade" or being put "out of group," and ultimately, to the "isolation" cell. Furthermore, most "treatment" is geared toward behavior modification rather than cognitive change. Oh yes, there's much talk about "thinking errors," but its always done on a psychological premise.

Another constant reality is the almost total lack of precise definition of when a youth will be leaving. This indefinite quality to the atmosphere keeps the youth on edge...sometimes leading to depression and an acting out of it...sometimes to open defiance. The premise seems to be that these are "bad" kids who need a lesson taught to them. That "lesson" seems to be to keep them wondering about their fate/future...with little to no sense of responsibility to keep them informed about their own lives. That is kept firmly in the area of "need to know" and quite clearly that most of the time the youth aren't considered to be in this "need" loop.

As far as education goes...lip service is given to its importance, but the truth of the matter is that education is considered to be a "weak sister" in the triad of "security," "treatment," and "education." This in a state which requires by law that incarcerated youth be given an educational effort. Education and Treatment are kept squarely separate from one another...as if they don't involve the same or similar things. I work for an educational service with a contract to provide this state-mandated education...so, again...I'm not a staff member of the institution itself. Although I personally get along pretty well with the daystaff on the unit I work, its pretty clear that the boundaries are there. I dare not talk with a youth about "treatment issues..." whatever THEY are...with sanctions more likely to come from my own organization than the staff on my unit. I find this not only to be stupid, but insulting to me and the youth. I'm suppose to tell a boy that I can't talk about his past experiences or future possibilities because of an artifical and arbitrary "division of labor." I'm suppose to, in effect, tell a youth who trusts me...one who probably has never been really listened to before...that I can't let him speak his mind because I'm not the "right" person? Talk about catch-22's!!!!

But the thing that galls me most about the rampant hypocrisy in this and other "youth facilities" is the terminology used. Even though each and every kid in there knows they are inmates...watched over by guards...in a prison...run by a warden, the "correct" terminology is that they are youth...supervised by Group Life Coordinators GLC's)...in a youth correctional facility...run by a superintendent. The reasoning behind this hypocritical terminology is that they don't want the kids to think they are "criminals." They don't want them to have a self-concept that might further their chances of being incarcerated in the future. Whew!!! Given how they're treated...as explained above...one wonders just who is fooling whom here, huh?

Before bringing this to a close, I do need to mention that in both adult and juvenile facilities I've met many people genuinely concerned about those individuals incarcerated. So, I don't mean to impunge the character or motivation of every single individual staff member. However, even these individuals...the ones who really care...are limited by their "job realities"...the major one is their need for a job, period. Yet, and its a big "yet,"...I've also met many institution staff members who seem to delight in putting down their "charges," who take great delight in "lording" it over them, especially when they know nobody will do a thing to them for doing it. It's truly a mixed-bag of people working in these places.

One final thought...I've really not touched on the educational issues as much as I intended to when I began this commentary. I guess one reason is that I still work for this particular organization and its "onsite" supervisor...meaning, I too want to keep my job for the moment. However, I will say that I find it severely contradictory when I hear people who supposedly value education as a means of change spew out stereotype after stereotype about those they are there to "serve." I've heard this in adult and juvenile settings and it makes me ill. When I hear comments about someone incarcerated along the lines of "lower in the genetic pool," I have to wonder just what their conception of education really is...if at all. Education...anywhere...is, if nothing else, predicated on the ability to change. Seems some educators working in prisons...on all levels of education...should find other work. I'm constantly reminded of the lyrics to the Pink Floyd song...hey, teacher...leave those kids alone. This applies to more than the frontline teachers...al least in the prison...oops, youth facility I work in.

I'll have more commentary about all this as time goes on, especially about my sociological conceptions of how things should be in prisons...but meanwhile, as usual, what do YOU think?

David H. Kessel