Sending children through adult criminal system does improve anything

Illinois and national policies sending minors to adult court do not improve safety, according to a new report.

Photo: Emma Ou/Unsplash

by Judith Ruiz-Branch
Public News Service

CHICAGO - A new report highlighted how trying juveniles in adult court, in Illinois and across the country, does not make the public any safer and can even lead to more repeat offenses.

The report is part of a series by the Juvenile Justice Initiative of Illinois, which pointed to profound racial bias in prosecuting children in adult court.

Elizabeth Clarke, director of the initiative, said laws permitting the automatic transfer of kids to adult court, and others allowing kids over age 15 to be interrogated without legal counsel, all contribute to what she calls a "failed policy" of trying juveniles in adult court. Clarke noted most kids waive their Miranda Rights during custodial interrogation.

Every state in the U.S. and almost every nation has a separate court for children because not only are children's brains not fully developed but children are more capable of change

"Then unfortunately, based upon a statement, where they've never consulted with a lawyer, they can be charged in the adult court," Clarke explained. "They simply can't understand the ramifications of what they are signing."

Clark emphasized juvenile courts are more effective at reducing repeat offenses, addressing individual needs and holding children accountable. She argued the juvenile justice system has become incredibly complex, with multiple pathways for trying minors in adult court. Her organization advocates for simplifying the system.

Illinois established the first juvenile court more than 100 years ago but Clarke said in the 1990s, the state began implementing tougher policies to bypass juvenile court and automatically transfer certain minors to adult court. Clarke noted Illinois has been gradually dismantling these transfer provisions. The report mentioned a reform in 2015 which examined about 200 children’s cases in adult court and determined 90% should be in juvenile court.

"Every state in the U.S. and almost every nation has a separate court for children because not only are children's brains not fully developed but children are more capable of change," Clarke stressed.

The report recommended ending automatic transfer entirely, and requiring an attorney be present throughout interrogations in cases when a child could be transferred to adult court or receive an adult sentence. It also pinpointed the need for better data collection to understand where the practices are most common and where alternative resources might be more effective.

A bill which would have required legal representation for all Illinois children during interrogations failed in the Legislature last year.

Indiana pushes notification law for immigration arrests

by Joe Ulery
Indiana News Service

Opponents of Indiana bill, including civil rights groups, raised concerns about racial bias and confusion for officers in enforcing proposed law.

INDIANAPOLIS - Indiana lawmakers are advancing a bill which would require police to notify federal authorities about certain arrests.

House Bill 1393 moved forward after lawmakers made significant changes. It applies when police arrest someone and suspect the person is in the country illegally. Officers must notify the county sheriff, who then informs federal agencies.

The amended version raises the standard from "reasonable suspicion" to "probable cause." It also grants civil immunity to officers who act in good faith.

Rep. Garrett Bascom, R-Lawrenceburg, said the bill balances enforcement with fairness.

"I want to be very clear about the determination," Bascom stressed. "The determination is not made just based off pulling a person off of the street. The determination is only made after an individual has been arrested for that felony or misdemeanor."

Opponents, including civil rights groups, raised concerns about racial bias and confusion for officers. Supporters said the bill strengthens immigration enforcement and addresses human trafficking concerns.

Critics warned it could encourage racial profiling and harm immigrants with legal status.

Carolina Castoreno, executive director of the American Indian Center of Indiana, worries it will unfairly target individuals during arrests.

"I'm here to tell you that if you think this will only impact undocumented people, you are wrong," Castoreno contended. "Historically, this has proven to be false. When they tried to do this in the 1930s, the Mexican Repatriation Act, nearly 2 million people were deported to Mexico and nearly 60% of those people were U.S. citizens."

Lawmakers debated the changes before the vote. Some warned it could disproportionately affect refugees and others without standard documents. Despite objections, the bill continues to move forward.

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Guest Commentary | America needs their police, we need good people wearing the badge

by Glenn Mollette, Guest Commentator

American citizens need police officers. Our state police, county sheriff’s department and city police all deserve our help, respect and decent pay. None of us like being recipients of speeding or other motor vehicle violations. However, often a warning or a ticket may be what it takes to get our attention and might even save our lives.

When someone is threatening us we want the police. We expect them to come and help us. These are the men and women who often risk their lives to protect us. So, praise the good ones because they are deserving of honor.

The defund the police movement has been fueled by horrific incidents such as when Minneapolis police murdered George Floyd on May 25, 2020. This cruel and disturbing murder has been replayed over and over on national television. Most recently the horrific killing of Tyre Nichols in Memphis, Tennessee has fanned the flames of police hatred. These and other police brutality events continue to severely damage the image of America’s police forces.

The behavior of five Memphis police officers toward Mr. Nichols was beyond criminal. This does not justify defunding the police. Such behavior reinforces the need that all those in law enforcement must have routine mental health tests. Only qualified people who have been thoroughly examined and trained should ever be allowed to wear a badge. Training and mental health evaluations must be ongoing.

The Five former Memphis police officers were charged with murder over the death of Tyre Nichols but pled not guilty in their first court appearance.

The arrest of Mr. Nichols on January 7 has been reported throughout the national media.

They were fired after an internal investigation by the Memphis Police Department.

"Memphis and the whole world need to see that what's right is done in this case, and it needs to happen sooner rather than later," lead prosecutor Paul Hagerman told reporters.

The officers were arrested and taken into custody on January 26, after the Memphis police reviewed bodycam footage of the violent arrest.

In the footage, 29-year-old Mr. Nichols can be heard calling for his mother as he is beaten by police after being pulled over for alleged reckless driving. He was pepper-sprayed, kicked and punched by the officers and died in hospital three days later.

Memphis Police Chief Cerelyn Davis said the incident was "not just a professional failing", but "a failing of basic humanity toward another individual". (Source BBC news)

I believe that 99 percent of the men and women wearing badges are good people who are looking out for our welfare and safety. The actions of a few should not discredit all law enforcement. Whether it’s politics, medical doctors, attorneys, business persons and more there are always a few bad apples that make others look bad.

Police officers have the upper hand. They have a badge and a gun. We should give them respect and they should respect all citizens. Having a badge never gives any law enforcement officer the right to pour out their frustrations, racial hatreds or their own personal demons on another citizen. No one is ever in a position to put up a defense as sadly shown by Tyre Nichols, George Floyd and too many others.

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Dr. Glenn Mollette is a syndicated American columnist and author of Grandpa's Store, American Issues, and ten other books. He is read in all 50 states. The views expressed are those of the author and are not necessarily representative of any other group or organization.

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This article is the sole opinions of the author and does not necessarily reflect the views of The Sentinel. We welcome comments and views from our readers. Submit your letters to the editor or commentary on a current event 24/7 to editor@oursentinel.com.

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