“An exercise of vengeance…”

Christine Lockheart

In July of 2012, I wrote about Iowa’s Governor Terry Branstad’s decision to commute the life without parole sentences of 38 people sentenced as juveniles. The governor made this decision on the heels of the Supreme Court’s ruling in June regarding the unconstitionality of mandatory juvenile life without parole sentences.

Without considering each of the individual thirty-eight cases in detail, and without becoming intimately familiar with the people who committed those crimes as teenagers, the governor commuted every single one of those sentences to a mandatory minimum of 60 years before the person is given the opportunity to seek parole. I pointed out in the summer that this meant a person who committed a crime at the age of 15 would not be eligible for parole until he or she was 75-years-old.

What the governor did was reprehensible because instead of respecting a decision made by the highest authority in this nation, he chose to bypass the ruling by finding a way to deny those it affected in his state from seeking any kind of relief – regardless of the circumstances surrounding the crime, the person’s age when the crime was committed, and other potentially mitigating factors.

However, all decisions have consequences. Though governor Branstad is in a position of power that grants him considerable authority, it turns out his decision may not have been any more legal than it was moral. I plan to tell you more about that, but before I do I want to discuss one of the cases his actions have influenced directly. Following the governor’s appalling choice to commute the sentences to a 60 year minimum I began to wonder about those thirty-eight people who were condemned to spend the rest of their natural life in prison for crimes committed as youth.

When the governor went public with his decision he declared that in addition to protecting the victims associated with the crimes, he was also ensuring “the safety of all Iowans”. I was curious to know who these people were that the governor seemed to think were so violent and monstrous as teenagers that they were beyond any and all hope of rehabilitation. There’s no question that some people belong in prison and that some are simply not amenable to any kind of rehabilitation or compassion the world has to offer, but can that be said of all people who commit crimes? Should it be said, without taking the time to consider each individual case? Governor Branstad thinks yes, but he faces some serious opposition.

I’ll let you decide.

The Case of Christine Lockheart

In 1985, Christine Marie Lockheart was convicted of “aiding and abetting, and first-degree robbery”. Christine was 17-years-old when she was charged with these crimes. Subsequent to her conviction, Christine received a life without parole sentence. In 2005, she applied for a commutation of sentence that was denied by the parole board in a 5-0 decision against the recommendation. If the Iowa Board of Parole approves a commutation request it is then sent to the governor for final approval – the same governor who pulled a fast one and commuted all mandatory life without parole sentences given to juveniles to 60 years.

In 2010, Christine filed a motion claiming that her sentence of life without the possibility of parole, given to her as a juvenile, was “cruel and unusual punishment”. She was scheduled to have a hearing in August of 2010, but it was canceled a day after the Supreme Court came back regarding non-homicide life without parole sentences (Graham v. Florida). The timing was suspicious and Christine responded by filing a motion asking the court to reconsider the cancellation. That too was denied. The court then denied a request for an evidentiary hearing “to determine facts and circumstances particular to Lockheart and her sentence.”

She recently applied for commutation again and was denied.

The above delineate the legal aspects of her case in terms of how Christine and her attorney have fought the life sentence given to her so many years ago. Christine is no longer the 17-year-old teenager she was when she was first charged. Behind bars she has grown into an adult woman who is passionate about justice issues and unusually knowledgable about what is happening in the world beyond the walls that confine her.

I interviewed Christine at length about her charges, her experiences in prison, the ways she has worked toward growing as a person despite her sentence, and many other topics. I discussed her case with her attorney and one of her staunchest supporters. I also talked to Christine about the governor’s decision and how it has affected her case in particular.

The crime involved a man in his late seventies by the name of Floyd Brown. Christine was dating 24-year-old Rick Nebinger at the time. The two went to Floyd’s house one evening to obtain money. Because Christine and Floyd knew each other through the elderly man’s granddaughter, he opened the door to the couple. The three talked for a bit and then Rick instructed Christine to go outside to wait for him.

Christine did as she was asked and waited for quite some time before she observed Rick running from the home, screaming. He told Christine he had murdered Floyd and the two fled to a friend’s home. It was not long before the police found the two and charged them with murder and robbery.

Rick Nebringer was convicted and sentenced to prison as well. He died between the Supreme Court’s ruling in June and the governor’s commutation of the thirty-eight people’s sentences. The commutation decision affected both Rick and Christine. Technically speaking, Christine has now served more time than her co-defendant who committed the actual murder.

Christine does not view herself as a victim. She does not deny her involvement or place blame on others. She takes full responsibility for the choices she made as a minor. When she talks about the events leading up to the crime that ultimately resulted in a life sentence she is remorseful. She seems haunted by her inability to step back into the past so that she can change the decisions she made on that one particularly fateful night. However, Christine is also a realist and she knows she cannot change the past. This is perhaps one of the factors giving impetus to her desire to better herself.

I asked Christine how the governor’s decision has influenced her efforts when it comes to receiving a resentencing hearing. The Supreme Court’s June decision (Miller v. Alabama) was intended to give people like Christine the opportunity to receive such a hearing. The court would then consider each case individually to determine if an alternative sentence, other than life without parole, was warranted based on the circumstances surrounding the case, the person’s behavior in prison, and their efforts to grow as a person since the offense. Because of the governor’s decision to commute Christine’s sentence automatically (as well as the sentences of 37 others), she no longer has the ability to seek such a hearing.

That is, unless her attorney is able to successfully argue that the governor’s decision was unconstitutional. This may not be as unlikely a feat as it seems though. There are now five cases pending in the Iowa Supreme Court that are challenging Governor Branstad and arguing that his decision was unconstitutional. Christine explained to me that “several District Court Judges have already agreed that the Governor’s commutation to a 60 year mandatory minimum is unconstitutional.”

Another case to come up before the Iowa courts as recently as this month is that of Yvette Louisell. Yvette is currently 42-years-old and was convicted and sentenced to life without parole for a crime she committed when she was a teen. Today Yvette has a number of people who support her and approximately 20 of them showed up at a hearing for her on January 16th. One told the media that she feels “there are just too many mitigating circumstances that weren’t considered in her original trial.” She also pointed out that Yvette did not have the benefit of a good upbringing to help guide her in making moral decisions.

Christine has a bevy of supporters as well. She has a sharp and well-informed attorney who has taken up her cause from a legal perspective. She also has many outside of prison who care for her a great deal. Veronica Horowitz, for example, met Christine when she was serving a much shorter sentence in prison. “At the time,” she explained to me, “Christine worked in the prison as an inmate mentor and was one of the mentors who taught my orientation class. I thought Christine was very kind and sweet. I had a hard time understanding how she had received a murder conviction.” She acknowledged that at the time she did not know the specifics of Christine’s crime because it is rare for people who are serving life sentences to convey those details to others with whom they serve time.

Veronica got to know Christine over time, however. She and Christine spent a great deal of time talking about different issues, including recidivism among those who are released from incarceration. She told me that it was Christine who helped Veronica shape the topic she plans to eventually write her doctoral dissertation on. She explained a number of times how much of an inspiration Christine has been on her and how that influence has inspired her in positive ways. Veronica now describes Christine as “kind and positive. She is friendly and smiles often.” Christine’s pleasant demeanor is one of the qualities that drew the two women together as friends.

“Christine has a tremendous impact on my life,” Veronica said. “She opened my eyes to injustices that I hadn’t fathomed before learning her story. Christine game me insight and inspiration that I am certain will help me as I continue my education.” She is adamant that Christine does not deserve to die in prison and that she is a woman who deserves a second chance.

Veronica started a petition on Christine’s behalf, asking the governor and the Iowa Board of Parole to grant Christine parole eligibility. The petition, located here on change.org, currently has 281 signatures.

She wants people to understand that “just because a person is eligible for parole does not mean that individual will be paroled. If a person does not demonstrate that he or she is ready to return to society without endangering others then that person will not receive parole even if they are eligible.” She also added that she thinks it is “cruel and inhumane to take all hope away from a person.”

I spoke to Christine’s attorney, Gordon “Gordy” Allen, to glean further insight into the legal battle being waged within the state of Iowa. He explained that he got involved in Christine’s case after a friend contacted him and asked him to get involved. Allen previously served as the Deputy Attorney General of Iowa for 25 years.

He told me that the governor’s decision to commute is “contrary to Miller which discussed mandatory sentences and required individual consideration of facts and circumstances to make the punishment fit the criminal as well as the crime.” He cited the governor’s decision as uniform in that it did not consider each person individually, but rather treated all 38 people affected by the decision as though their circumstances were identical.

He went on to state, “We – the lawyers advising this group and two district court judges that have rules, and one country attorney who files a brief – believe the governor’s action violates Miller in that respect. We also think the mandatory minimum of 60 years is a de facto life sentence without a reasonable option for parole and is therefore illegal as well.” He added, “His elimination of the credit for good time is also a violation of the separation of powers clause of the Constitution in that he has sentenced these offenders to a greater term than is mandated by the Miller decision.”

In reference to the governor’s actions he said, “His is not an exercise of clemency, his is an exercise of vengeance.”

Allen expressed that this issue is very important to him. He pointed out, “Even those states that have capital punishment do not execute the mentally challenged defendants, or those who committed crimes while juveniles. We are the only country in the world that still sentences children to death in prison, other than Somalia of course, and they don’t have a government.” He referenced the United Nations Covenant on the Rights of the Child and the United States’ refusal to ratify the treaty as nearly 200 other nations have done.

He concluded our interview by making a bold, yet accurate statement. “Those who by reason of life experience, and neurological deficits attendant to adolescence should not be punished with the most egregious punishment meted out by Iowa, when they were according to the science, less culpable than any other adult.”

Hoping against Hope

Christine and her son

Christine has made the most of her time behind bars. In the face of an impossibly harsh sentence she continues to strive to become a better person in all ways, including emotionally, spiritually, and academically. She told me she is currently attending the University of Iowa to obtain a Bachelor of Liberal Studies. “I take classes only with the help of scholarships and friends and family. I am grateful for the blessing of this gift,” she said. “Without it I would have spent my life without an education. Long term offenders do not qualify for college funding because there is just no money for it and it just does not make financial sense to educate a person is likely to never use it as they are expected to remain in prison forever.”

“At seventeen,” Christine said, “I was a throwaway, so I am not intended by the government to ever need an education.”As a teenager Christine was pregnant and gave birth to a son. “Kids don’t even really know about adult responsibilities,” she said. “They just think they do and want to. I was pregnant and even had a child, but I just didn’t have any idea about raising a son or what he needed or what responsibility I had undertaken.” She pointed out that when juveniles are sent to adult prison they are not given the tools to develop into functional adults, but are “really just warehoused.”

In addition to working towards her BLS, Christine also takes time to help others by listening to them and providing guidance when possible. She always tries to remain optimistic, but sometimes finds it difficult to cope with the reality of her situation. “I get down and get sick of prison – sometimes more than I really should because I am blessed so much more than other lifers.”

Christine talked at length about her desire to make the environment around her better, even if it is limited to the prison grounds upon which she resides. She explained, “This prison is made on one quarter of a mile of land that I have only left four times in almost three decades, but it is also a beautiful stretch of trees, grass, flowers – and once or twice a frog or two – and I have crawled it and fixed things all over it to make it better over and over as much as I can, whenever I can, and I know that is the best I can do.”

Helping Christine

Veronica hopes to raise further awareness about Christine’s plight. She would like people to know that Christine “is a wonderful person who truly deserves a second chance.” She also wants “people to become aware of the crime she committed and the sentence imposed on her because I think her case speaks for itself in that any reasonable person would realize that Christine does not deserve to die in prison for merely failing to turn in her boyfriend after he committed a crime.  I want people to realize that juvenile courts were separated from adult courts for a reason; because children are not as developed and culpable as adults, regardless of the crime they commit, juveniles should be treated differently, the trend towards trying juveniles as  adults needs to stop.”

If you are moved by Christine’s story and feel compelled to help her there are a few ways to do it. The first is to sign Veronica’s petition for Christine, located here. The second is to write letters to the Iowa Board of Parole using the following address:

Iowa Board of Parole
Attn: A. Meulhaupt
510 East 12th Street, Suite 3
Des Moines, Iowa 50319

Letters sent on Christine’s behalf must include her full name and offender number – Christine Lockheart 0801319.

Christine reflected on all that has happened to her toward the end of our discussion. “I don’t know why I had to come here or stay here this long, or why I didn’t have a different life than this, but I really hold out for the hope that I am going to have the chance to work to make a life for myself that is better than this.  Maybe I remain this way for the people who don’t give up on me – the other lifers who don’t have any chance – or my sister who has stood beside me or the friends I have who have never given up on me – and maybe it’s the seventeen-year-old girl who screwed it all up and still hopes for a chance to make it right for everyone.”

I believe Christine does deserve a second chance at life. She has already been incarcerated for more than half her life. I can only hope that after reading this you feel as I do.

Schools taking the stand against bullying

Rochester High School, in the Rochester 3A district

The problem of bullying among children and teenagers is acknowledged by many. One need not look hard to find information on the topic – especially as it pertains to the lives devastated or ended as a direct result of it. Some people might think that accepting there is a problem is enough. Others recognize the need for further action, but  do not know what they can do individually to incite change.

I grappled with that question myself. I wanted to understand what can and must be done to proactively address this complex problem. I wondered what kind of action is necessary to ensure that children may attend school to learn – without feeling scared, uncomfortable, or even traumatized.

It took some time to even begin to uncover the answers to those questions. From an awareness raising perspective I could focus a lot of time discussing the countless students who have been negatively affected by bullying or other harassing behaviors. Many of these stories are heartbreaking. There is no question they would disturb you and move you, but only a few of them would provide any true insight into what is happening in some of America’s schools to overcome the problem. Somehow I feel that emphasis on solutions and best practices might empower people more.

For this reason, I am focusing a few of my upcoming articles about bullying on the prevention perspective. There is no question a great number of schools are handling this problem incorrectly, but I want to tell you about one that has made solving this problem a priority. I am also going to tell you how they have reduced the behavior substantially within the school’s district.

The Rochester 3A Schools

Rochester, Illinois is a small village located within the county of Sangamon. In 2006, the region’s school district, known as Rochester 3A, held a Saturday morning community engagement day. Approximately 45 members of the little community met to discuss school-related matters. The topic of bullying was raised and identified as a major area of concern among the community.

Instead of glossing over the problem, or merely vocalizing a commitment to resolving the issue, the district took steps to tackle it aggressively. The district identified the problem as a priority within the district’s strategic plan and set about implementing four primary steps. These included defining the problem and its scope, outlining a board policy in response to the problem, developing an action plan, and creating a metric for measuring progress through the use of a survey.

The Rochester 3A schools administer a comprehensive survey to staff and students every three years. The schools compare data from each survey against baseline information collected in the beginning of the program. This provides the district with measurements of the program’s efficacy and progress. The district provides a high degree of transparency with regard to its program and its surveys. Those interested in the questions and results may find the surveys here.

The Director of Educational Services, Laurie McWard, at the Rochester district is among those who have been integral to the efforts on behalf of the school. In a recent interview with me, Laurie explained that a successful bullying prevention program requires specific components. These include the following: the school and its district must make the problem of bullying a priority; training provided to staff must be frequent and consistent; the curriculum must be proactive; data gathered by the school must be analyzed regularly; the schools must administer and evaluate surveys; and the district must develop an action plan that addresses specific issues identified in the survey results.

Laurie added that her school district benefited from working with a consultant outside of the schools. She also touched on how these types of widespread prevention programs are effective because they change the culture inside of the school among staff and students. “Although we still have some issues, the majority of our students don’t tolerate bullying and this culture change starts early in their school experience.”

Laurie credits the staff, students, Board of Education, and the district’s administrative team for the program’s success to date. She also explained that a major contributor to the district’s ability to address the problem was the assistance of Dr. Michael R. Carpenter, a nationally certified bullying prevention program trainer and anti-bullying consultant through Olweus.

I inquired about how the bullying prevention program has influenced student behavior in other general areas. For example, I was curious to know if the program had caused a decline in disciplinary problems in general. Laurie gathered feedback from some of the schools administrators. “One Principal commented that his direct contact and instruction with his students about bullying – what is teasing, etc. – has had a real impact on his young students,” she said. “Another Principal also has periodic meetings with each of his grade levels to discuss any building issues and bullying is a topic he includes. He attributes his regular direct contact with students has also helped his discipline data.”

I would be interested in seeing more research in this particular area because I suspect that implementation of successful bullying prevention programs helps to reduce other types of discipline problems within the schools. It might also be interesting to see comparative data on successful bullying prevention programs and their impact on adult criminal behavior among those who attend schools with these programs versus people who attend schools that fail to address the problem.

Dr. Michael Carpenter

Dr. Carpenter, credited by Laurie as helping the school to develop and facilitate its program, provides extensive training and resources to those seeking solutions. His website, www.wagepeacetoday.com provides insight into the best and worst practices regarding bullying when it comes to school administrators, counselors, and teachers.

He agreed to talk to me about the program and the work he has done to provide schools with the knowledge and training necessary to combat bullying. He pointed out that the decision not to make bullying prevention a priority among schools and communities is much more costly than implementing proven solutions.

When asked about the biggest obstacles faced by schools when it comes to addressing bullying in an effective way he responded, “Schools want a quick fix. Schools are also so dysfunctional that accountability is the biggest problem.” He also cited financial considerations as a major barrier preventing schools from effectively handling the problem. It is important to note here that the costs associated with implementing the program within the Rochester 3A district were only about $5,000. These costs are negligible when compared with the costs associated with ignoring the problem.

I asked Dr. Carpenter to provide insight into the main reasons schools fail at this effort. “Bullying takes a systemic and comprehensive effort,” he explained. “The focus should not be on the schools but on all parts of our society.” He added that schools have an opportunity “to be a part of a joint effort to create an inclusive environment.”

Dr. Carpenter outlined critical components to addressing the problem in any school environment. The first is adult role modeling. The second is getting everyone involved, including the students, parents, the community, the educators, and bystanders. He included the following elements as well: “Weekly class meetings on bullying, character education, and civility; on-going awareness with research-based practices; teaching prevention and intervention skills; and measuring the success using reliable, valid, and consistent methods.”

I discussed with Dr. Carpenter the short-term and long-term consequences of bullying when schools fail to address the problem. He relayed some of these as follows:”Students may drop out or be absent (huge cost to education and society), health problems for those targeted – stress, depression, anxiety, lack of sleep. Targets and aggressors use more alcohol and other drugs (huge cost for health care).”

He added, “If we don’t intervene early – by age 24 – 60% of aggressors will have at least one conviction. The cost for health problems because of bullying or victimization has been estimated to be two million per individual when they reach age 35. Long term effects can be suicide or homicide.”

Laurie McWard agreed that failure to address the problem of bullying has long-lasting consequences. “Students who are bullied may have long lasting issues,” she said.

I asked Dr. Carpenter what people need to know when it comes to implementing solutions. “The focus should not be on identifying bullying behavior but identifying those behaviors that interfere with learning. Schools and staff should be mandated reporters for any behavior that impacts learning. The information should be sent to a safety team to make a decision if it is bullying. There should be strict accountability measures. Schools should use certified bullying prevention trainers who know the research literature on best practices to train their staff on bullying prevention.” He said that programs other than his may be successful provided they include critical components discussed herein.

Dr. Carpenter maintains that while the problem of bullying will never be eliminated “our goal is to reduce it.” Reduction comes from empowering members of the community, teachers, students, and administrators. “Students should have a voice in their education,” Dr. Carpenter said. “They should be making decisions. Schools should get away from rules and punishments and move toward cooperation, collaboration, and agreements. If schools model coercive, intimidating environments, it’s no wonder why schools can’t reduce bullying.”

Laurie explained that the Rochester 3A schools plan to continue working toward improving the district’s program and approach. In the upcoming year, the district plans to continue training; analyze and monitor bullying data; implement an incident reporting form; increase training in the high school surrounding character education and awareness; and put more information and resources online for parents of the school’s students.

An important lesson to take away from what the Rochester 3A schools have achieved through the help of Dr. Carpenter is that there are effective solutions when it comes to significantly reducing this problem in school. This district is proof of that and they are not alone in their success. However, such a solution requires full commitment on the part of the educators, parents, students, communities, and administrators. While there are no simple solutions, long-term efforts help schools provide a safe learning environment for students.

And ultimately, these actions save lives.

Additional Resources

www.stopbullying.gov

www.cyberbullyhelp.com

Websites for Dr. Carpenter’s Programs and Services

www.wagepeacetoday.com

www.directionalityga.org

Bullying on the big (and small) screen

In the next few months I will be publishing some articles examining the topic of bullying among children and teenagers. I will still be writing and sharing articles on traditional juvenile justice issues in between, but I really want to spend some time discussing bullying – not only as a serious problem affecting kids, but also as a contributor to juvenile delinquency and violence.

To kick this off I am sharing images from movies and television shows that have examined bullying in unique and different ways. It would be difficult to include every single film or show that has tackled the topic and so I stuck to some that I have seen. I tried to include some variation in terms of the manner in which the subject is addressed.

-

Lord of the Flies (1963)

In the 1963 film version of Lord of the Flies, Peter Brook brought the classic novel by William Golding to life. The book and the film examine topics such as the development of social hierarchies, bullying, violence, and many others. All rights reserved.

-

Carrie (1976)

The 1976 film Carrie is based on the Stephen King book of the same name. In the movie, Sissy Spacek’s character is treated poorly by her peers. Life isn’t too great for her at home either. When she snaps from a cruel prank it becomes clear that Carrie really isn’t like the other teens. All rights reserved.

-

The Karate Kid (1984)

The entire premise of 1984′s The Karate Kid was based on new-to-town Daniel Larusso’s (played by Ralph Macchio) response to being bullied and his need to find a way to resolve the issue. All rights reserved.

-

Heathers (1988)

In the film Heathers two teens cover up the murder of the school’s most popular (and vicious) bully by staging the scene as a suicide, setting off a series of bizarre and improbable occurrences. All rights reserved.

-

Welcome to the Dollhouse (1995)

Heather Matarazzo played Dawn Wiener in the 1995 film Welcome to the Dollhouse. In the movie she is incessantly bullied and her family is either clueless about it, or they just don’t care. All rights reserved.

-

Angus (1995)

Before James Van Der Beek played Dawson in Dawson’s Creek he took on the role of Rick Sanford, class bully and
athlete, in the 1995 film Angus. All rights reserved.

-

Boys Don’t Cry (1999)

The 1999 film Boys Don’t Cry was based on the life of Brandon Teena. Brandon was born as a female, but identifies with the male gender role more. He lives his life as a man, keeping the fact he was born a woman a secret. When this information comes to light the situation turns ugly for many. All rights reserved.

-

Bully (2001)

The bullied become bullies in the 2001 film Bully. Perhaps the most discomforting aspect of the movie is that it is based on a true story (and not all that loosely either). All rights reserved.

-

About a Boy (2002)

The film adaptation About a Boy is based on the book by Nick Hornby. Marcus, played by Nicholas Hoult (you are going to notice a theme pretty soon here with this particular actor), is a 12-year-old boy who is tormented by bullies at school – to the point where even the “weird” kids won’t hang out with him. He finds an unexpected friend in Will Freeman, played by Hugh Grant. All rights reserved.

-

Elephant (2003)

The 2003 film Elephant, directed by Gus Van Sant, is a Columbine-style cautionary tale. However, when all is said and done the viewer is left with myriad possible explanations (including bullying) for the dramatic event, without being given one concrete causal factor. All rights reserved.

-

Mean Girls (2004)

In the comedy Mean Girls, previously home-schooled Cady gets an education on being popular when her two friends convince her to infiltrate the school’s most popular group of females – with the intent of destroying it from the inside. The girls, known as “the Plastics” have a Burn Book where they record various insults about other students. All rights reserved.

-

Mean Creek (2004)

Jacob Estes’ 2004 film Mean Creek is a somber look at a group of kids who grow tired of being bullied and decide to teach their tormentor a lesson. It probably goes without saying that things do not go exactly as planned. All rights reserved.

-

Speak (2004)

Before the Twilight series, Kristen Stewart played Melinda in the movie Speak – a once average teenager who falls from social grace after calling the police while attending a summer party. Though it seems the poor treatment by those around her is the cause of her unwillingness to communicate verbally, it turns out she may have another reason for it entirely. All rights reserved.

-

Friday Night Lights (2006-2011)

In the TV series, Friday Night Lights, Minka Kelly played Lyla Garrity – a high school cheerleading captain whose friends turned on her following a specific indiscretion. All rights reserved.

-

2:37 (2006)

Love it or hate it, the Australian film 2:37 – directed by Marali Thalluri – shows how bullying affects different kids from the same school in disastrous and unsettling ways. All rights reserved.

-

Skins (2007-Present)

In the British television show Skins, Mitch Hewer played Maxxie Oliver – a dancer who had his share of run-ins with homophobic bullies. Nicholas Hoult was also on this series for a time. All rights reserved.

-

The Tracey Fragments (2007)

Ellen Page plays Tracey in the 2007 Canadian film The Tracey Fragments. The movie gives the perspective of a teen girl who is regularly mistreated. She is also trying to suppress a disturbing reality involving her little brother. All rights reserved.

-

Red Without Blue (2007)

Red without Blue is a 2007 documentary about two twins who struggle to find their place in a society that still cannot quite cope with the existence of more than two oversimplified forms of gender. All rights reserved.

-

Wasted on the Young (2010)

Australian film Wasted on the Young examines bullying, sexual assault, and peer social responsibility. This one is a slow starter with a dramatic (and slightly unexpected) ending. All rights reserved.

-

Easy A (2010)

Emma Stone plays Olive in the 2010 film Easy A. After telling a seemingly harmless lie to her best friend she gains a reputation for sleeping around. At first she finds the attention flattering, but it soon spirals out of control. All rights reserved.

-

Pretty Little Liars (2010-Present)

An unknown bully (or bullies?) terrorize the students of Rosewood, PA in the TV show Pretty Little Liars. Ashley Benson plays Hanna Marin – a girl who turned to bulimia to lose the weight that made it difficult for her to fit in. Maintaining her popularity and her sanity have come at a heavy price. After three seasons of twists and turns all we really want to know now (all we ever wanted to know) is who is “A”? All rights reserved.

-

Cyberbully (2011)

In the 2011 film Cyberbully, Emily Osment plays a student who is bullied online by her peers. The movie touches on both electronic forms of bullying and suicide. All rights reserved.

-

X-Men: First Class (2011)

Jennifer Lawrence (pictured next to Nicholas Hoult who has officially been mentioned in this one post three times now) plays Mystique as a teenager in X-Men: First Class. She alters her appearance to look like an ordinary person so as to avoid ridicule and other forms of harassment. All rights reserved.

-

Bully (2011)

The 2011 documentary Bully, directed by Lee Hirsch, is a stark and eye-opening film. It serves more as a wake up call than a commentary on possible solutions to the problem of school-based bullying. All rights reserved.

The abuse factor

All too often when a young person commits a violent crime he or she has some history of being abused. Granted, many people who have experienced different kinds of abuse grow into nonviolent adults. However, the simple fact remains that more often than not abuse is a factor when children or teens commit crimes.

While I acknowledge the existence of people who do not continue the cycle of abuse, I want to discuss the undeniable influence abuse has on a person’s tendency to commit acts of violence on others either as a child or later on as an adult. The way I see it, we as a society may either continue to deny this increasingly apparent common denominator, or we may opt to accept that more often than not, abuse is among the root causes.

Most people have sympathy for a person who has suffered abuse, but far fewer have compassion for a person who has experienced abuse and goes on to commit a violent act in its wake. For this reason I feel it is important to focus on the causal relationship between child abuse and violence. If we are to solve the problem of crime among juveniles we must understand exactly what it is that causes it to happen.

To illustrate this point I have decided to break down abuse by type. Child abuse comes in many forms, ranging from ongoing neglect to serious physical injury. While one might think that physical violence has the greatest influence on a person’s propensity for violence, recent studies show that psychological abuse is as damaging as some types of physical abuse.

In her fictional debut novel, Sharp Objects, Gillian Flynn tackles a unique form of child abuse and its devastating consequences

Psychological Abuse

The main forms of psychological abuse include verbal abuse, emotional abuse, and neglect. A study published in July of 2012 by the American Academy of Pediatrics stated, “Psychological or emotional maltreatment of children may be the most challenging and prevalent form of child abuse and neglect.” The authors of the study went on to note that this form of abuse has been linked with “disorders of attachment, developmental and educational problems, socialization problems, disruptive behavior, and later psychopathology.”

The problem with this type of abuse is that while it is the most prevalent, it is the hardest to recognize. Serious physical abuse involving obvious bodily harm or admittance to a hospital is hard to overlook, but how do people identify clear cases of psychological abuse in those they encounter?

When you stop and think about the people you know well, how many have described experiencing some form of psychological abuse at the hands of a parent, a caregiver, a family member, or even a peer? More importantly, how many people experience this kind of abuse and refrain from ever talking about it?

In my last write up I described the case of Robert Richardson. According to multiple news reports including interviews with neighbors and peers, Robert was at a minimum psychologically abused. More than one person described hearing fights that transpired in the Richardson household prior to the shooting death of Robert’s father.

A neighbor man and his wife told the media they called the police on two occasions to report verbal abuse. The neighbor stated that one of the times he called because the father threatened to kill his son. A completely different neighbor told the media she had observed the family dynamics for years. She said that his father “was always yelling and shouting at the boy.”

Lee Hirsch’s The Bully Project fought the MPAA’s R-rating to ensure delivery of its powerful message to a wider audience

Some may dismiss these reports of negligence and psychological abuse, saying these stories are a dime a dozen or have been embellished, but you have to stop and really wonder what might have been happening in that home. Does abuse or neglect in a home warrant the death of the offending person? No. Should it encourage all of us to pay a little more attention to the children in our lives and what might be happening with them? Absolutely.

Criminology professor at the University of South Florida, Kathleen Heide, wrote a book about the role child abuse plays in cases where kids murder their parents. In addition to detailing the ways in which abuse perpetuates violence, Heide goes one step further and provides interventions for treating children who suffer abuse at the hands of parents or caregivers.

In addition to having written about the devastating effects of abuse on children, Heide has evaluated juveniles facing serious criminal charges, such as murder, at the request of attorneys. For example, she evaluated a 17-year-old girl who shot her father as he slept in his bed in 1987. She made the determination the teen had post-traumatic stress disorder stemming from a combination of psychological and physical abuse – a common finding among children and teenagers exposed to abuse.

It is interesting to consider that the prosecutor involved in the above case wanted to seek the death penalty against the teenager. This was before the Supreme Court banned capital punishment for those under the age of 18. Her evaluation findings helped the defense to obtain a second-degree murder conviction that required the girl to serve part of a 17- year sentence. Instead of the death penalty.

The bottom line here is this kind of juvenile violence is preventable. This is only one example of many. Abuse ends badly any way you choose to look at it. Some abusers kill those they abuse. Sometime the abused kill their abuser. Minimally, abuse leaves a person feeling broken, incomplete, insignificant, unimportant, and unworthy of anything positive or meaningful. The abuse hampers the person’s ability to bond with others and taints their perception of self-worth.

Physical and Sexual Abuse

Physical and sexual abuse are separate forms of maltreatment, but I am including them under a single category because researchers often include both in studies examining short-term and long-term consequences of abuse.

In November of 2012, David Finkelhor and Lisa Jones released a bulletin summarizing the results of three independent studies pertaining to these issues. For quite some time a number of researchers have claimed, based on the results of studies, that sexual and physical abuse have declined in prevalence. The above authors evaluated some of the existing literature and concluded that “the case there has been a true decline in sexual abuse is stronger than the case about physical abuse.”

On one hand these reported declines are intriguing because of the steadily decreasing rate of crimes committed by juveniles. The Department of Justice indicated that juvenile arrest rates peaked in 1996 and then declined 36% by 2009. This year, the state of California experienced its lowest juvenile crime rate since 1957. The state is not sure what factors have contributed to the decrease in juvenile crime, but believe youth-oriented diversion programs have been influential.

On the other hand, findings regarding the prevalence of physical abuse in particular are not always consistent. Researchers from the Yale School of Medicine examined trends in the reporting of serious injuries resulting from child abuse for over a decade (between 1997 and 2009). The researchers obtained information for the study from the Kids’ Inpatient Database (KID). The researchers defined serious injuries as those including “head injuries, fractures, burns, open wounds, and abdominal injuries”.

The researchers determined that these injuries have increased by about 5% from 1997 to 2009. This study contradicts information from child protective services that alleges child physical abuse has dropped 55% between 1992 and 2009. A journalist for Time Magazine suggested that a possibility for these differences is that “protective services accounts for all physical abuse in their calculations – regardless of severity or age.” The authors of the Yale study focused entirely on serious injuries caused by abuse that required hospitalization.

The Yale study reported that per every 100,000 children under the age of 18, the incidence of serious child abuse has increased 4.9%. However, perhaps even more alarming is the finding that the increase was 10.9% for babies under 1 year of age.

It remains to be seen how the rising number of serious physical injuries to infants will impact the children involved or others in society.

Finally, it is worth remembering that “parents kill their children by abuse or neglect ten times as often as children kill their parents.” How’s that for a sobering reality?

A month before 15-year-old Amanda Todd took her own life she published a video on YouTube

Abuse by Bullying

We all know the violent consequences of bullying. Some children kill themselves to escape the pain of this psychological and sometimes physical form of torment. Others lash out in other ways by inflicting extreme violence on others. Then there are the children who are killed by those who bully them.

While not every single person who has experienced some degree of bullying takes their abuse out on themselves or others, there is no mistaking the effect this kind of abuse has on those who experience it.

For a harrowing look at the dangers of bullying watch this video describing the events that led up to 13-year-old Jared High’s suicide. This video is a must-see for anyone who has children or cares about them in a general sense. Jared’s life story and experiences with bullying are relayed on the site jaredstory.com. The site provides information about bullying and links to resources on the topic.

Amanda’s peers abused her publicly on Facebook

I could linger on the topic of bullied children and teens who commit violent acts against others because we all know those cases exist. However, I really want to emphasize the increasing incidence of suicide among bullied youth. When a person takes their life because they have experienced this kind of abuse there are always people who say, “how awful”, “if only people had realized the severity of the problem,” and “how can children be so cruel to one another?”

Other people are indifferent. Apathetic. Uninterested.

The people who seem to get involved most frequently in advocating for change appear to be the survivors of this particularly cruel traumatic loss. I see so many people blaming the parents of the children who commit suicide, but this issue runs so much deeper. In Lee Hirsch’s The Bully Project (also known simply as Bully) the grieving father of a child named Tyler Long, who committed suicide after having been bullied, stated to following:

We knew why Tyler did what he did. There was no doubt in our minds. When you’re in the shower and your clothes are taken, and you have no way of getting out of the gym other than walking out naked…when you’re standing in the bathroom and you’re urinating and kids come up and push you from behind up against the stall and against the wall and you urinate on your pants…when you’re sitting in the classroom and somebody comes by and grabs your books and throws them on the floor and tells you to pick them up bitch…those are things that happened to Tyler. Did he ever come home with blood running down his face? No. It was the mental abuse and the not-so-physical abuse that Tyler endured.

Then, after describing the abuse his son experienced at the hands of his peers – in the one place parents hope is a safe environment for their children – he said this:

We can control what goes on inside those walls – inside of school – and the atmosphere has to be set completely by the administration. They all are part of the school system that’s there to protect the kids. And if they don’t…then this is what happens.

The above statement raises important questions about who is to blame in these situations. Perhaps all of us must take responsibility when the youth in our communities feel their best, and perhaps only option for escaping abuse, is to end their life permanently.

This is unacceptable. You know it, I know it, and school administrators surely know it. However, this is going to continue and escalate until we refuse to accept the status quo. I cannot emphasize enough that this has to change. Standing by and hoping someone else will fix the problem only helps to perpetuate it.

Following her suicide, a spokeswoman for Amanda’s school district told the media the school knew about the video and had “support in place”.

Some might ask: what can we really do about it? The answer is simple. Our ability to help others in need is limited only by our willingness to imagine each and every possible way we can and should help. Try to envisionhow different this world might be if each person touched by these acts of violence took it upon themselves to do something - anything - to bring about change.

Some people get it though, including children and teenagers. In Hudson, New Hampshire a group of students decided to take the matter of bullying seriously and started an anti-bullying program at school. Some of the students involved have observed the abuse that takes place in their school and find this kind of program a way to take action on behalf of others.

The above program, named the Hudson Memorial School’s Ambassadors of Hope, was a winner of the 2012 Stand Up awards. The fact is, student-driven programs such as this have the potential to save more lives than people could ever fully realize.

We can stand by and watch abuse happen or we can take action to stop it. The choice is ours.

These kids are inspiring. The message they are sending to other students and to the world is powerful. And these are children doing it. What if more people followed their lead? What if you did?

If you have not seen Hirsch’s film, I recommend it. It is heartbreaking and it is shocking, but perhaps that is what it will take to get everyone’s attention and put a stop to this.

Leading the way

Robert “Bob” Richardson

I have a story to tell you, but before I begin I feel compelled to tell you that this one is disturbing. This is a story that once read, will long be remembered. It is a story of abuse, neglect, murder, compassion, redemption, and love. I only hope I can do this one justice because the people this tale revolves around deserve that.

Before

Before January of 2012, Robert Richardson was a freshman at C. Milton Wright High School in Bel Air, Maryland. The small town, located in Harford County, claims a population  of about 10,680. Many students of the high school knew Robert – known to many as “Bob” – because they had seen him come to school in the same worn and dirty clothes day after day.

The teen and his father resided on Moores Mill Road. He lived alone with his father following the death of his mother six years prior. Robert’s mother succumbed to a battle with cancer. Father and son struggled to survive on a very limited income that placed the family’s income level below the poverty threshold.

The family’s money problems were apparent to those who knew Robert. The quality and lack of clothing caught many people’s eye – students and neighbors alike. However, the family’s troubles went much deeper than those reflected in the teen’s tattered clothing. Robert’s friends saw bruises on the teen as well. Ashle Jones, a 16-year-old student who attended the same school, stated that she remembered Robert confiding in her that his father was physically abusive toward him.

Neighbors regularly heard verbal fights coming from within the Richardson home. One neighbor, Mark Cullum, Sr., would later say in reference to the teen’s treatment by his father, “I’m not condoning what this kid did, but that man was verbally abusing his son”.

The Richardson home

A Violent End

On the evening of January 9th of 2012, years of neglect and abuse culminated into an act of murder. Or was it self-defense? Though many details of that night have not been made public, two things are clear: Robert shot his father and it could have been prevented.

After

Prior to the elder Richardson’s death, police had responded to the home over a dozen times due to myriad complaints and other reports. A news outlet obtained documents from the Harford County Sheriff’s department  and reported that none were for “domestic violence”.

The problem is this contradicts what at least one of the family’s neighbors said about he and his wife calling the police on two separate occasions to report the verbal abuse. Collum told the media he heard Robert’s father threaten to kill his son. The screaming and shouting was so loud at times the neighbors could hear it a block away.

Robert’s 8th grade picture

Did the police know there was a pattern of abuse? Did they ignore it? It is difficult to understand how the police could have been completely in the dark about what was transpiring inside of that home.

What would have happened if the police or social services had intervened at an earlier time? The answer seems obvious.

Some of the reports obtained from the sheriff’s department reveal that Robert tried to escape his situation on multiple occasions, running away from the abusive environment only to return once the police located him. Robert expressed his concern about returning home, according to the media, but it fell on deaf ears.

Social services responded to questions about their involvement, or lack of it, with the Richardson family by declining to give any information. The manager for in-home services at the state Department of Social Services, Stephen Berry, told the media that reports about loud arguments might not have been enough to elicit a response from Child Protective Services. What about discussions with neighbors and peers of the teen? Would that have been enough?

Neighbor Geraldine Martin told the media, “It’s seems like everyone is talking about how it is such a terrible thing that happened, but nobody’s talking about the fact that it could have been prevented.”

The prosecutor in Robert’s case is seeking a conviction for first degree murder. This means the teen will be tried and sentenced as an adult. He was 16-years-old when he was arrested and he is 17 now. His attorneys have motioned to have his case returned to juvenile court.

A Ray of Hope

Martin Luther King, Jr. once said, “To ignore evil is to become an accomplice to it.” This is a powerful statement when you stop and think about it. It suggests that accountability is a concept that extends far beyond the actions of a single person. It maintains that inaction is as great an error as doing something that a person knows is wrong.

There is no question that more should have been done to help Robert before he shot his father. The community knew that something was wrong, but those in a position of power such as the police and social services, did nothing. I spent several nights reading news articles and watching videos, trying to understand how this child slipped through the cracks so spectacularly. I found no answers.

The cases of abused children haunt me. I spent almost a decade of my childhood living with children from broken homes who were placed in foster care. I know all too well how much abuse children endure before someone finally puts a stop to it. I remember vividly judges ordering children back to parents who were abusive in more ways than one.  I remember the grief I felt at the knowledge the child would return to foster care in a short amount of time, once the abuse became apparent again or the parents grew tired of performing their duties. Sometimes the children returned to my mom’s home, but sometimes I would not even find out they had been returned to foster care until months or years after it happened. This meant the children were bounced from one home to the next, never experiencing the luxury of a stable home environment.

Though it likely shocks many people to hear about the long-term abuse many children suffer, it does not surprise me in the least. What does surprise me, however, is how people react when these situations end in violence.

Hannah Siple

There is hope in this appallingly dismal situation, however. Enter the Siples. Hannah is a junior at the school Robert attended before his arrest. She has known him since the eighth grade. On the surface Hannah looks very much like an ordinary teenager. She is pretty, loves animals, and enjoys playing different kinds of music. However, Hannah is different than most teens. She is unusually compassionate and has a streak of independence that distinguishes her from others.

When Hannah first learned Robert murdered his father she was upset with him. She recalled this, telling me, “I was really mad at him…But then I remembered that he’s a friend and he had to have done it for a reason.”

Hannah realizes now there were signs of trouble. She has reflected on all that has happened, realizing “he showed all the classic signs of abuse and I ignored them. I felt horrible after that, and guilty.” She knew she needed to do something and so she approached her mother, Eileen, with her idea of starting a Facebook page on behalf of the teen.

Since starting the Facebook page she, her mom, and others worked together to come up with ways to raise awareness about the case. “We’ve had online fundraisers, yard sales, fundraisers at restaurants…had bracelets, shirts, bumper stickers made, found his previous lawyers and defense team, etc. That wasn’t just me though, all the people on the page made that possible.”

She describes Robert as wise and funny, with an interest in how the world works. She relayed a story about how when he was fleeing his home on January 9th he “made sure to bring his cat with him, because she was pregnant, and he wanted to make sure she was safe.”

Hannah’s mom, Eileen, did not know Robert before all of this happened. However, she has become fully involved in helping the teen. She worked as a special education teacher for 29 years. She has two children: Hannah and Larry.

Eileen remembers when the news broke in her small town. “I first heard of this story via a text news alert from a local TV station.  I can’t really explain it, but it hit me really hard.  I did not know Bob.  I had never heard his name.  I did not know that my daughter knew Bob.  I just got this feeling that there was much more to this story.”

Hannah, who was very upset by what happened, talked to her mother about Robert. “Her reaction reinforced my own feelings of misgiving,” Eileen recollected.

Hannah and her mom speak to Robert about five times a week by phone. They have also gone to see him at the Harford County Detention Center in Bel Air. The facility is an adult county jail. He spent the first nine months in isolation. He was only allowed out of his cell a couple of times a week to take a shower.

On his 17th birthday, on September 22, Robert was moved into what is known as “limited population”. He spends his days alone in his cell. He is given one hour a day to interact with other inmates housed in neighboring cells.

For Hannah and Eileen, Robert’s situation has been a heartbreaking wake-up call. “I’m no longer hesitant in standing up for what I believe in,” Hannah explained to me. “I also now know how to look out for signs of abuse and not just pass them off.” She added that her efforts to help Robert have caused her to grow by becoming a better listener.

I was interested in how Hannah’s peers have reacted to the advocacy efforts she has helped to spearhead. “Everyone is split,” she said. “Most people at school thought it was a great thing I was doing, but a lot of people have been really mean about it. I guess you could call it bullying, but I hate that word.” She talked about how she and her mom have received death threats from people online. “Nothing has happened, but it’s still scary.”

The threats and criticism will not deter Hannah, however. She feels that the justice system is in need of reform. “We need to realize that kids are kids, no matter what they do. A 16-year-old could kill hundreds of people, but that doesn’t stop them from having been born in 1996, and being 16-years-old…People like Robert need treatment, not punishment. He needs therapy. This kid has been through way too much to just be given up on. It’s not fair to be given up on, when you’ve never even had a chance.”

Support bracelet

Eileen shares her daughter’s goal of seeing Robert receive treatment. She would like to see him placed in a juvenile facility that focuses on rehabilitation. “Bob has never had good role models, and he is stunned to see so many people come to his defense now. I am happy that he is realizing that there are so many good people in the world, but he has a lot of work to do.” She elaborated by explaining that since his incarceration Robert has not received counseling, an education, or been involved in any kind of rehabilitation program.

“Most importantly,” Eileen said, “I would like for Bob to feel as if he is a part of a loving and supportive family. He will always have a place in my family.”

This experience has inspired Eileen to do even more to help Robert and other survivors of abuse. She would like to start a foundation at some point to make this dream a reality. Meanwhile, the actions taken by Hannah, her mother, and all those who have rallied in support the teen demonstrate that all hope is not lost. Though Robert’s existence prior to this horrific situation was dismal at best, he now has a support system in the people who have committed to both him and his cause.

This case is a reminder of the responsibility we as a society have to protect our children. Does it make sense to punish a teenager for the repeated failings of those who should have protected him? Richard’s story is not an isolated incident either. Children are abused across this country every single day. Much of this abuse is ignored.

Hannah, Eileen, and others who support Robert refuse to look away. I am left wondering how this story will effect others and what they will do to correct the problems that allow situations like this to escalate.

The Facebook page for Robert Richardson is here. The page provides updates on his case and advocacy efforts surrounding it.

Hannah also put together a video detailing Robert’s case here.

In Ryan’s words

Ryan with his sister and mom during a December 2011 visit

This is the first guest blog I have hosted on here and I am really excited about it. I recently wrote about some of the people who have been sacrificing some of the last bit of privacy they have retained while incarcerated so that they can share their experiences with others. I feel that if more people did this it would be hard to ignore the problems that plague our justice system – mainly because it would become apparent that those who have suffered various forms of injustice are people, just like those reading the blogs that they write. Some have been wrongfully convicted, some have been overcharged, and some are guilty of their crimes but remorseful.

I approached Ryan Holle about writing a blog post. I have written about Ryan’s case a few times – most recently here. Also I maintain a website for his case here. I wasn’t sure if he would be interested or not, but I hoped that he would. That said, the following was written by Ryan:

____________________________________________________________________

You know when I was asked to write for this blog my mind went a little scatterbrain. I mean seriously, I’m sitting in a 8′ by 12″ cell on a mat that is like 3″ thick and a light that is just enough to write with. Don’t get me wrong, I don’t do the whole “woe is me” stuff. That train of thought will get you absolutely nowhere. Of course I never thought I would spend my 30th birthday and almost 10 years incarcerated either. I have hope though and that is what keeps me going.

You know it’s sad and hopefully it doesn’t make me sound crazy but even though I’m here I’m just thankful to be alive. I made a lot of poor decisions before I was incarcerated. It’s amazing how you can become so wrapped up in just what matters to you that you don’t see how your actions affect those that care for you. How can you adequately describe what it feels like to lose everything including your freedom?

If you have never been incarcerated then I pray that you never do. I could sit here and tell you everything that you have to go through but I’m not because that would just be a biased opinion from my perspective. I can tell you that it has been a crazy journey. On the day I was convicted a deputy who was escorting me back to the county jail after I just got a natural life sentence asked me if he could share some advice with me. As an inmate, trust me there are very few guards/police that care at all. He told me, “Don’t become an animal.” I have taken that to heart. I refuse to let prison dictate the person that I am.

I have learned a lot from being and try to be someone my family can be proud of. I really believe that you can do that even from in here. I have never been a writer besides in letters to family and friends. So, I hope you will excuse my poor penmanship. If there is one thing I could say it’s, “Be thankful for your freedom and cherish it.”

People tell me a lot that they can’t believe that I have been incarcerated for nearly 10 years and have an upbeat attitude. They are surprised that I smile a lot. In my mind this is just a part of the journey that is my life and I believe with all my heart that one day I will be free!!

Page one

Page two

Injustices in Indiana

Ellen Page played Sylvia Likens in “An American Crime” – a girl tortured and murdered by her caretaker and neighborhood children

Indiana is a dangerous state for adolescents and teenagers. The consequences for poor decision making, on the part of minors, are severe. Most recently we got a glimpse into the inner workings of the system when a group of teenagers were arrested for felony murder in Indiana after entering a man’s home. They did not commit a murder. They did not even plan a murder. They picked a home to enter based on the belief no one was even home. However, because the homeowner pulled a gun on the teenagers and killed one of them the prosecutor feels he must set an example.

There is no question that making a choice to break into a home is a bad one. No one – including the family of one of the boy’s, Blake Layman – would argue that a consequence is not warranted. The consequence should reflect the crime committed though, right? It should not be based on the crime manifested as a result of a prosecutor perverting one of the best examples of bad law in existence.

The prosecutor clearly feels he must set an example though. The felony murder rule almost always seems as though it is intended to set an example. We live in a society that quickly forgets the harsh lessons learned by others, but we like to establish precedents. The more extreme, the better.

That is, until that precedent involves someone we love.

You don’t necessarily have to make a bad decision to find yourself facing serious time in prison. People just need to think you did – namely a prosecutor and a jury. In the state of Indiana age has seemed, prior to today, insignificant.

How many times have you heard the mantra “adult time for an adult crime” or “if a child can make an adult decision they should be tried as an adult”? On its face it almost sounds reasonable, but these are fallacies.

First off, there is no such thing as an adult decision. One cannot logically say that a child made an adult decision. The main reason it is illogical to describe a decision in the above way is because it is a scientific fact that the brain of an adolescent, teenager, and even young adult is not fully mature. The process of brain maturation is a gradual one. Areas in the brain critical for making intelligent decisions appear to be the last to completely develop. For example, children do not have the same degree of impulse control, ability to fully understand consequences, or emotional control as adults.

If children could drive…

As a society we know this. We don’t let young children drive vehicles. We don’t allow adolescent girls to make the decision to get married. Though there are some parents who allow their children to drink alcohol in the privacy of their home, it isn’t legal and as a society we allegedly do not condone it. There is a laundry list of decisions we do not allow children to make and these are only a few examples.

Individually most people realize there is a difference between children and adults, even if these people are the first to post a disparaging comment on a news story about the latest tragedy perpetrated by a young teenager. “Fry ‘em!” is one I see a lot. However, these people probably wouldn’t hand their car keys to a twelve year old boy and ask him to go to the store and buy a six pack of beer. Not just because it is illegal to do it, but because they would likely have grave concerns about whether he would even make it to the store without causing an accident.

They also probably wouldn’t tell their fourteen year old daughter that it is okay to quit school and marry a 20-year-old boy she met on the Internet. One reason is because most parents wouldn’t trust their child to make a decision of that magnitude. Parents have a job, which is to protect their child or children from others who may harm them. Often the responsibility of a parent is to guide the child when it comes to making decisions, protecting the child from his or her own self.

Some believe the act of committing murder – under any circumstance – is different than other kinds of decisions. Again, this is illogical. The same adolescent brain that society has deemed incapable of making decisions such as drinking alcohol, voting, gambling, and myriad other activities is responsible for making the decision to kill. A person’s brain does not magically mature moments before this kind of decision is made. A child does not automatically transform into an adult just because he or she is waived into the adult court either.

And yet that is exactly how the system works in some states. A look into Indiana’s past reveals a state that is inconsistent in its treatment of juveniles as well as adults. However, the state was not always as hard on teenagers as it is now. Take the story of Sylvia Likens. Sylvia was left in the care of the Baniszewski family a few months before she died in 1965. The 16-year-old was tortured and brutalized in more ways than one before she finally succumbed to her fate.

The manner of her death is shocking, but the circumstances surrounding it are almost unfathomable. The woman charged with her care, Gertrude Baniszewski, not only inflicted severe abuse on the teenager, but encouraged her own children and other kids in the neighborhood (one as young as ten) to do the same. Astonishingly, adults who came in and out of the home saw Sylvia’s condition but did nothing to help her.

Gertrude had seven children of her own. Paula was 17, John was 12, Stephanie was 15, Marie was 11, Shirley was 10, and the twins were 18 months. John was convicted of manslaughter – sentenced to serve a penalty of two-to-21 years. He was released after two years. Paula was convicted of second-degree murder. Two neighborhood boys named Richard Hobbs and Coy Hubbard, were also convicted of manslaughter. They were released after two years as well.

Though Gertrude was sentenced to life in prison, she and her daughter eventually received new trials. Twenty years after Sylvia’s murder, Gertrude was released on parole. She changed her name and left the state. In 1990, she died as a result of lung cancer. Her eldest daughter Paula took a plea of voluntary manslaughter and was released after serving two years.

The story was immortalized in the 2007 film An American Crime, starring Ellen Page and Catherine Keener.

What a difference a few decades make, right? In 1966, a child of 12 in Indiana faced a sentence of 2-to-21 years for murder.

Paul Gingerich (front) and Colt Lundy

Now consider the more recent case of Paul Henry Gingerich. In 2010, Paul was 12 when he was arrested for the murder of a friend’s stepfather. Colt Lundy had allegedly been discussing plans with others to murder his stepfather for about a month prior. Following the murder, the media reported that the motive for committing the crime was to give the kids an opportunity to run off to Arizona to sell t-shirts to “drug people“. Originally the story was the teens planned to go to California. It was odd, to say the least, but no one seemed to question whether there was more to the story.

Four boys were involved in the crime, but ultimately it was Paul and Colt who paid the price. Paul, who looked like he could have been anyone’s child and who had never been in any serious trouble, was suddenly facing the very real possibility of being tried in adult court alongside 15-year-old Colt. The prosecutor alleged that the boys should be tried together, arguing in court there was no distinguishable difference between the two.

Many testified at Paul’s waiver hearing that he was nonviolent. Despite his young age and issues involving the issuance of Miranda warnings (the police did not give the parents written notice of these rights), the boy was moved into adult court.

The case didn’t go to trial though. Colt was the first to take a plea deal requiring him to serve a thirty year sentence – the last five of which were suspended. He went straight to Wabash despite his young age. He has remained at Wabash ever since. Both he and Colt appeared on a program produced by Calamari Productions and MSNBC titled Young Kids Hard Time. The entire director’s cut is here.

Paul Henry Gingerich in his cell, shown in “Young Kids Hard Time”

Following suit, Paul soon took the same plea deal as Colt. The problem was that his age and prior nonviolent history did not warrant such a sentence. He had also systematically been denied his right to due process. One of the factors considered during a waiver hearing is whether or not a juvenile is amenable to rehabilitation. Nothing in Paul’s background suggested he was not, but he was waived to adult court anyway. This exposed Paul to a penalty such as life without parole, or life with parole once Paul was well into his fifties or sixties. Exposure to excessive penalties is one of the main reasons young people are talked into plea deals – many of which are not much better than the sentence the person would have received had they been convicted at trial.

Once the dust began to settle it became clear that the plea Paul accepted was not appropriate. Monica Foster, the attorney who headed up Paul’s appeal, began filing motions on the boy’s behalf. Organizations such as the Juvenile Law Center of Pennsylvania, the Children’s Law Center, and the Campaign for Youth Justice also became involved in his case. The attorneys collectively sought to have the conviction overturned. I have been posting various motions pertaining to Paul for well over a year here. It is worth reading through them to see how this legal battle has played out in the court.

In a country filled with injustice the appeal almost seemed a long shot. However, today the Indiana Court of Appeals issued a ruling in favor of Paul, vacating the adult conviction and sending the case back to juvenile court for trial. The court found that Paul’s rights to due process were violated.

This ruling was a step forward for Indiana, but it comes on the heels of the Supreme Court’s denial of Martin Anthony Villalon’s appeal. Anthony was 15 when he was arrested for a murder he has always maintained he did not commit. Another boy implicated in the murder was acquitted in a separate trial, but Anthony received a 60 year sentence. His entire circumstantial case hinged on the conflicting testimony of known gang members.

It is hard to know what the future holds for Anthony who resides at Wabash, or 16-year-old Blake who awaits his trial for felony murder while housed at the county jail among adult offenders. Just prior to his arrest, Blake was a freshman in high school and working 30 hours each week at Wendy’s. He also helped his mother care for his younger sister who has suffered from a brain tumor since she was very young. In a very short span of time Blake’s life changed completely. Now he faces the possibility of a lifetime in prison.

The frightening lesson to take away from this is that if you live in Indiana (or states who treat juveniles similarly) you or someone you know could find themselves in this type of situation. Blake and Anthony could have been anyone’s children. As resistant as one may be to the idea that something like this could happen to them, it is important to accept that possibility.

This is American society at its core. This is how we respond to complex social problems such as juvenile crime. These sentences will not reduce the amount of crime in this country because they are not the cause. Forcing children to become adults in a legal sense when we scoff at the idea of doing so in other aspects of life is absurd.

Enough said.