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Criminal Justice Magazine Article


Juvenile Justice Articles


The Legislative Super-Predators

By Michael Lindsey

Coining a phrase for impact, efficiency, and to capture the essence of a moment in history is an American tradition. Some of the more notable: "Where's the beef?"; "Have a nice day"; "Make love not war"; and, more recently, "Show me the money!" Whether a cliché is for commercial purposes or simply to captivate the mood of the day, its free speech roots make it at one and the same time both possible to exist and optional for the listener to support or ignore.

In "The Coming of the Super-Predators," published in The Weekly Standard's November 1995 issue, Professor John Dilulio defined his title phrase as a cohort of youthful offenders created from a moral poverty that "begins early in life in homes where unconditional love is nowhere, but unmerciful abuse is common." In the publish-or-perish world of academia, creating drama around an issue to ensure that editors will accept it is sometimes necessary. Unfortunately, this hyperbole did not end with Dilulio's article.

On May 29, 1996, U.S. Rep. Bill McCollum of Florida introduced the Violent Youth Predator Act of 1996, which is intended to prosecute chronic violent offenders as adults and increase mandatory prison time for juveniles who use firearms when committing violent federal crimes or drug-trafficking offenses. Although the demonizing language was ultimately removed from the legislation (now called The Violent and Repeat Juvenile Offender Act of 1997), the die had been cast.

References to youthful offenders has escalated from "delinquents" to "super-predators." Politicians, news commentators, journalists, and justice and law enforcement officials, now use Dilulio's postulated projections as a statement of fact. However, as Franklin E. Zimring, a University of California-Berkeley law professor pointed out in "Desperados in Diapers," in the August 19, 1996, Los Angeles Times, many of the super-predators Dilulio would have us fear have yet to be born.

The key question is where do we draw the line between democratic political debate and harmful polemic rhetoric? For starters, we ought to be saying "no" to destructive characterizations, polarizations, and demonizations of children and adolescents who commit serious crimes. This country's incompetent juvenile justice system obviously must provide consequences for these acts. But we, can, should, and must do more.

The Public Broadcast Station (PBS) recently conducted a nationwide search for the U.S. city, county, or jurisdiction that could serve as a national model for a documentary on a community that was doing the right things for children in need. PBS discovered that the Land of Oz was nowhere to be found. The network was left with the option of highlighting exemplary programs it found and altering the documentary's theme to profile how a model jurisdiction would operate if the patchwork of programs existed in one community.

Like primary and secondary teeth, nature provides caring, responsible adults two opportunities to help young children achieve psychological and emotional health. In the human developmental cycle, children first learn to trust, then gain confidence in independent thought and action. Later, they learn to appreciate sex roles and gender differences, and finally to develop respect for rules and other people's rights. Many of the children and adolescents we see in dependency proceedings and, eventually, in juvenile, family, and criminal courts are like rotten primary teeth. We lose these "baby" teeth, and nature gives us a second set to better care for. "Rotten" children--those who are abused, neglected, and who do not receive adequate nurturing and guidance for healthy development--get a second chance during adolescence to acquire the necessary character traits that allow them to lead successful adult lives.

Unfortunately, policymakers too often ignore decades of human development research. The above-mentioned childhood lessons can be reintroduced successfully during the adolescent development stage. Trust may be learned through positive, long-term mentoring relationships; independence through work and chores; sex-role mastery through adult supervision of adolescent choices such as dating; respect for others' mores and rights through participation in organized activities. These second chances are viable, but, as PBS's research pointed out, do not currently exist comprehensively in any jurisdiction. The "falling through the cracks" scenario has taught that when bad things can happen, they will happen.

Our troubled kids need the very best support, training, and retraining we can provide. We can now transmit and receive faxes and e-mail and talk on the phone while flying in an airplane. Yet our elected officials seem more concerned about conjuring up hollow slogans about our lost generations than about saving and reviving them. Civilized societies are judged by what they do for the least among them.

Congressional members assert that the states rather than the federal government are better equipped to address youth in trouble. As a result of this attitude, numerous proposals are now circulating in the House and Senate, including block grant funding to the states, as well as enhanced federal funding to the states, with requirements to enact legislation to sanction youthful offenders more severely. One proposal calls for the elimination of the Juvenile Justice and Delinquency Prevention Act's four mandates: 1) removing status offenders housed in delinquent youth facilities; 2) requiring sight and sound separation of adult inmates from juveniles in adult jails; 3) removing juveniles from those adults jails; and 4) developing strategies to reduce the disproportionately high number of minority youth in secure juvenile facilities.

Suggesting that these problems are local concerns trivializes the complexities involved and deprecates the urgent needs of juveniles and their families for competent, comprehensive, wraparound services. We need national imperatives to fill this gaping void in our juvenile justice system interventions. If the U.S. Congress is sufficiently alarmed to rely on mere speculation about the 21st century's super-predators, then surely we can develop proactive, fact-based responses to the clear and present danger. Unless and until we do, maybe we should consider that super-predators are not born, they are un-legislated.

Michael Lindsey is with Nestor Consultants, Inc. a management and consulting firm in Dallas, Texas.

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