Thursday, April 16, 2015

Criminalizing Childhood


Are we living in a virtual police state?  My question goes beyond recent news accouts of brutal force meted out by law enforcement officers.  My question refers to less publicized reports of official bullying inflicted upon children and parents by schools and government agencies that exceed all reasonable standards of common sense.  Apparently, we have engendered an attitude of law-and-order so severe, we have consigned ourselves to “behavioral modification hell.”  Here is one example, Autistic Eleven Year Old Arrested and Handcuffed:
When Kayleb Moon-Robinson, an eleven-year old diagnosed with autism, kicked a trashcan in frustration, his school issued a new rule that required him to wait for other students to vacate a classroom before he would be allowed to exit.  When he violated the rule, the principal sent a ‘school resource officer’ — their euphemism for a police officer employed by the school — who arrested him. 
Kayleb was not only charged with disorderly conduct, but also felony assault on a police officer.  His mother, Stacey Doss — herself the daughter of a police officer — was shocked by the callous treatment of her son.
This case is not unique.  The state of Virginia leads the nation in treating students with disciplinary problems as law enforcement matters.  The school-to-prison pipeline is filled with special needs students who do not conveniently conform to the assembly lines of public education - children with AD/HD, children with developmental disabilities, children with learning disabilities, and far too many minority children from hardscrabble backgrounds.
A qualified teacher should know the stereotypic signs of childhood autism - agitation, irritability, and frustration – and know how to deal with them.  We should not be turning developmental disability disorders into a criminal offense!  Postscript:  A juvenile court found Kayleb guilty on all counts charged against him. Next: Free-range kids and our parenting police state:
In a bizarre war over how much freedom children should have outside the home, the youngest combatants are Rafi and Dvora Meitiv - a pair of siblings age 11 and 6 respectively.  The siblings were 2 1/2 blocks from their home when local police received an anonymous call that reported them - walking together.
The children insisted that they knew where they were, knew their way home, and had the permission of their parents.  Undeterred, the officer ordered the Meitiv siblings into the patrol car.
The police … kept them trapped there for three hours, without notifying us [my bold], before bringing them to the Crisis Center and holding them there without dinner for another two and a half hours,” their mom said. “We finally got home at 11 pm, and the kids slept in our room because we were all exhausted and terrified.
In the small rural community where I grew up, my parents often sent me on errands.  Since my playmates lived on farms far from town, long walks and even longer bicycle rides were routine.  Today, families no longer have the easy freedoms of a bygone era, and parents no longer have authority over their own kids.

Postscript:  A Montgomery County Court found the parents guilty of ‘unsubstantiated’ child neglect. Next: Eighth Grader Arrested and Charged With Cybercrime for Changing Desktop Wallpaper:
Eighth-grader Domanik Green, 14, of Holiday, Florida, was arrested and charged with unauthorized access of a computer system - a felony offense.
The County Sheriff's department took action after the boy used an administrative password to log onto a school computer. While accessing the machine, he changed the background wallpaper to an image of two men kissing.

Eighth-grader Green discovered the password by watching his teacher. The password was easy to remember, the boy admitted, because it was the teacher’s last name.
Originally suspended from school for three days, Green was later arrested when the school filed additional charges. The computer contained state standardized test questions, although they were encrypted. The police say Green did not access them.
In other words, the boy was punished, not for the childish prank he did commit, but for the crime he didn’t commit.  Kids have always been kids, and most reasonable adults recognize these growing pains.  These days, however, callously insensitive officials are abusing their authority by imposing strict conformity - thus turning normal kids into felons.

Are you as outraged as I am?  Not enough?  How about this incident: Police Taser Ten-Year Old Boy:
A ten-year old boy attending a Career Day event at his local school expected it to be educational and fun.  Instead, the boy ended up in the emergency room.
According to papers filed in Federal court, police officers drove onto the school grounds, where one of the officers asked a group of boys to clean his patrol car.
When one of the boys refused, the officer said:  Let me show what happens to people who do not listen to the police." He then fired his Taser gun at the boy's chest. The officer claimed his Taser gun misfired accidentally.
Instead of calling paramedics, the officer took it upon himself to yank out the wires imbedded in the boy’s chest, which required emergency medical care.  As a result of the battery, the boy now suffers from post-traumatic stress disorder.
This is what we get when we let brutal authority take control over our lives. Are you angry enough now!

11 comments:

  1. Bravo!

    Remember Nixon's "Law and Order" campaign? I'm speculating that the background for the iron-fisted attitude toward "crime" and punishment is the mother of these bad measures, from mandatory sentencing to the marketing of paranoia. The very people who have romanticized individualism and individual liberty and the idea that the very concept of government argues with those heroic notions, have indeed converted the Land of the Free into a security state where we're afraid to let children out of our sight.

    One of the shouted notions of the time had to do with not "tying the hands" of the police and not letting liberal courts and liberal judges let criminals get away with things, pleas of insanity included. Was it a reaction to the civil rights movement which put "uppity" notions in heads which needed to be bowed? Sure and a general upswing in reported crimes fed the flames. Was it Kronkite who told us on the air that we were at war with our own children? It's prescient.

    I try not to sell simplistic explanations, but it's hard for me not to remember the Sturm und Drang and the LAw and Order rhetoric that monopolized political discussion and political conventions at the time. Law and Order speeches at the 68 Democratic Convention and the police and National Guard suppressing peaceful demonstration outside.

    My interest in politics turned ugly in those days and if there had been an internet I would have been posting the sort of letters I was then writing to editors and government officials about police brutality, about misguided home invasions by police looking for drugs that were getting all sorts of innocent people killed and were being ignored or whitewashed in the name of Law and Order and a drug free nation. I won't get into the murders of some Black Panthers in their sleep and how the Chicago cops managed to come out heroes in the press.

    I'm happy to see some attention payed to police behavior and I'd be happier to see some re-examination of the silly obsession with school safety that criminalizes almost everything that characterizes children and adolescents. I'm glad if people are angry when an 18 year old gets 20 years for being a child molester and pornographer for taking a "selfie" of himself and his 17+ year old girlfriend, for 5th graders being expelled for a nail clipper or aspirin or drawing a picture of a gun. The Law and Order savages certainly used 9/11 to reduce our protections against police power (it's up for renewal soon and nobody is talking about it) and the absurd War on Drugs has made confiscations legal and inexorable and widespread.

    The Right is quick to trot out the image of the "jack-booted" government authority but I'll be damned if I don't think they're behind most of it, but We the Liberals are certainly just as guilty, from supporting the Patriot Act to the selling of fear that's turned our schools and maybe our streets and homes into prisons.

    I've been making these arguments for nearly 50 years and I'm tired of my own anger. Still, public ire isn't going to accomplish anything if we let the same old groups with their old ideas and their need to support what they decry hijack this, compartmentalize it and set us to arguing amongst ourselves.

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  2. American response to crime has been to increase incarceration beyond belief with a large portion being non violent in nature. Crimes against people and property perhaps deserve appropriate degrees of confinement with proper rehabilitative counseling with qualified professionals. Corporal crimes deserve life without the possibility of parole.

    Beyond the above actions that harm no one the property of others should be beyond the reach of "The Law". Instead we have created a minefield for everyone to tiptoe through.

    You are right Capt., both liberals and conservatives bear responsibility; however, I hold conservatives most responsible for creating the American police state.

    Up is down and down is up with an occasional spin cycle for good measure. Just to keep the "locals" in line.

    Ya know Capt if ever one could convert me to being a modern liberal it would be you. ;-)

    Of course my fiscal conservatism would remain in tact.

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    1. Thanks, I think, but I'm not sure what I am any more. But that minefield of laws that created crimes for the purpose of feeding the punishment industry has wide support, I think. People that cry about too much punishment are quite capable of calling for bypassing courts and due process and the rules of evidence when those things differ from what they "just know" is true. And then there are those who yell about liberty but want to punish things that are "just wrong."

      Maybe I'm for damning them all and letting God sort them out.

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  3. Sometimes a weblog post can function as a kind of Rorschach Test. Different people read, relate to a personal experience or perspective, and bring away different impressions.

    My girlfriend – an ESE specialist who works with special needs children – was the first to read this post, and her immediate reaction was to recall an exhausting day in school dealing with an AD/HD kid who didn’t take his meds that morning. The kid was literally bouncing off the walls. After 28 years serving special needs kids in a public school system, you can attribute her antipathy to job burnout.

    Captain Fogg reads this post within context of the infamous police riot during the 1968 Democratic Convention in Chicago and a reactionary establishment determined to suppress changing social attitudes.

    Rational Nation attributes the swing of law-and-order politics more towards the conservative side of the aisle.

    Let me share a few quick thoughts in reverse chronological order:

    If there has been an over-reaction that brings us to the current state of law-and-order politics, I believe the fault has been bipartisan. It was a machine politician in Chicago who brought out the goon squad on behalf of Democrats. It was then President Richard Nixon who adopted the hard line drug policies of Nelson Rockefeller, the liberal Republican governor of New York State.

    Concerns over police misconduct are not just coming from the liberal side. Cato is a conservative think tank, and Timothy Lynch serves as Director of the Cato Institute Project on Criminal Justice. He blogs at PoliceMisconduct.net.

    If the pendulum of law enforcement has swung to one extreme, I can say the same regarding our attitudes on school testing. I’ll return to this subject after the weekend – with a few very harsh comments.

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    1. I'm not so sure this is a Rashomon moment. I agree with what you and others are saying because I think it has one root cause: US. I think there has been a war on children for a long time - just ask Dickens and yes, I went to school with David Copperfield. It's probably part of a war on anyone that easily can be victimized, like the poor, the widows and orphans, the stranger even though the oldest literature in existence seems to praise those who try to make life easier for such people.

      Events surrounding Kent State, Chicago, etc, are understandable as part of the eternal battle between jingoistic nationalism, Golden age, delusion, fear of a punishing God, cultural authoritarianism and change. Remember when the Beatles -- a group I associate with bubble gum and little girls -- were equated with Satan and there were threats by police authorities to kill them? No, I bring that example up in the hopes that this is something many of us will remember: an example of how easily extreme conservatism leads to a society at war with itself, its children and its advocates of the new in art, music, science and humanism.

      I may be wrong, but the origin of authoritarianism of all sorts is in our nature as the bad apes we are. I suspect that what we call immorality and crime and most of all 'sin' are simply excuses for being what we are and doing what we love: punishing. Even those who call themselves liberal can be seduced by the love of submission and obedience -- witness the near joy of the trembling phobics when the 55 mph speed limit was enacted and the panic when the facts finally broke the "baby on board" bubble. Didn't we support trashing the 4th amendment, giving military weapons to the cops because for all our BS about freedom, all we care about is safety?

      We simultaneously love laws and forcing others to obey them and hate laws and the idea that we have to obey them. Sounds nuts because it is, but getting back to what I thought was a point, children and young people represent rebellion, resistance and a challenge to the lies, frauds, inventions and fabrications our society is based on. Rebelliousness is seen both as a virtue and an apocalyptic harbinger, but to paraphrase Gus Grissom, it ain't about anything but monkey.

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  4. personally....I think childhood should be criminalized. Gets one ready for adulthood.

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    1. Shouldn't we go right to the source and punish people for having the little criminals in the first place? The only good kid is the one who hasn't got around to doing something awful yet.

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  5. I've seen right-wingers rail against various "zero tolerance" policies in schools. A shrug it off a lot of the time, like water off a "Ducky's Here's" back. Seeing this perspective from the other side, though, opens my eyes a lot.

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  6. Right wing, left wing -- are they both attached to the same authoritarian duck? In so much of our attitude towards children and the law it's punishment for punishment's sake. We keep trying to justify inconsistent attitudes toward punishment and the sometimes ludicrous degree of punishment we try to justify because we are angry and we get angry according to our prejudices and phobias and animal nature so we can be lenient towards the 70 year old and draconian towards the 17 year old and it makes no damn sense to me. We won't look at statistics, we won't change our minds or see what's in front of our faces and for both wings theory itself is the argument to support failed theories.

    Seeing the other side has much more to do with real justice than any damn theory.

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  7. I tried to add a comment on the supreme court gay marriage one, but it won't let me. There's some wonky code here not seen in other Blogspot blog making the Swash Zone hard to use a lot of the time.(windows slowly sliding around and stuff)
    I hope this one works. Anyway. I agreed with what Capt. Fogg said on that post.

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    1. It appears Blogger has the same high maintenance issues as Siri. If you don't buy her flowers every week, she gets pouty.

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