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Introduction

• School children across America recite the Pledge of Allegiance daily.

• Ironically, the Pledge, aimed at children, contains concepts like justice, liberty, and allegiance that they are often too young to understand.

• Focus shifts to the idea of justice specifically concerning children, which is seen as an unfulfilled promise in America.

Historical Context of Juvenile Justice

• Creation of the 1st Juvenile Court:

  • Established in Cook County, Chicago in 1899, seven years post-Pledge introduction.

  • Aimed to treat minors differently from adults, focusing on rehabilitation over punishment.

• Characteristics of Early Juvenile Court:

  • Proceedings were informal, with no lawyers or court reporters present.

  • Conducted behind closed doors to maintain secrecy.

Landmark Case: Gerald Galt

• Highlighting a specific case to illustrate systemic failures:

  • Gerald Galt, 15, arrested for a prank phone call.

  • Detained without parental knowledge, adjudicated delinquent, sentenced to a juvenile facility for 6 years.

  • Comparison of potential adult penalties shows disparity in treatment.

• Supreme Court Intervention (1967):

  • Established that children are entitled to constitutional protections.

  • Rights included access to counsel, ability to confront witnesses, and protection against double jeopardy.

Shift in Policy and The 90s Crime Wave

• Response to Crime Surge (1980s-1990s):

  • Rise in juvenile crime led to harsher policies, culminating in 'adult time for adult crime'.

  • Thousands of children prosecuted as adults, exposing them to severe penalties like life sentences and death penalties.

• Supreme Court Revisions (2005-2012):

  • Landmark rulings in favor of children, addressing cruel and unusual punishments.

  • Prohibition of death penalty and mandatory life without parole for minors.

  • Miranda rights made age considerations mandatory in police interrogations.

Case Study: Luzerne County

• The Kids for Cash Scandal:

  • A mother reported her daughter Hillary’s arrest for creating a fake website criticizing a vice principal.

  • Over 2,500 cases during a short span highlighted systemic issues:

    • Majority lacked legal representation, with many kids sentenced to juvenile facilities.

  • Judges involved in bribery schemes for private juvenile detention centers.

• Voices from the Scandal:

  • Hillary's realization of rights becomes a stark contrast to reality.

  • Charlie, another victim, faced severe penalties for unknowingly receiving stolen property, losing significant parts of his adolescence.

Themes of Injustice

• When asked about justice, many children described it through their experiences of injustice and mistreatment:

  • Descriptions included extended incarceration, neglect, and community rejection.

  • Young individuals express feeling like their entire identity is reduced to their crime.

Conclusion: Justice for All

• Emphasis on the need for accountability:

  • Importance of collective responsibility in fulfilling the promise of justice for all, particularly for children.

  • Each person’s role in advocating for systemic change highlighted.

• Reminder about the collective nature of the Pledge of Allegiance and the collective promise of justice for all.

• Call to action urging individuals to contribute to changing the justice landscape for children.