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We Can Hold Youths Accountable Without Life Without Parole

When I was 17, I accepted a plea agreement and 25-year prison sentence to avoid the likelihood of spending the rest of my life in prison.

I had been involved in the death of another person. Prosecutors initially charged me with first-degree murder and aggravated robbery and planned to seek a sentence of life without the possibility of parole. When they offered instead to allow me to plead guilty to the robbery charge plus facilitating first-degree murder, I quickly agreed. My co-defendant wasn’t so fortunate. He was sentenced to life with parole eligibility after 51 years, plus 25 years.

My home state of Tennessee has yet to ban life without parole for children or penalties that are their functional equivalent. Instead, children who are not yet able to vote, buy cigarettes or join the military are told they are worth nothing more than to die in prison. The U.S. Supreme Court has scaled back the use of the most extreme penalties and mandated review opportunities for everyone who, as a child, received a mandatory life without parole order. Yet, as the Associated Press highlighted in a series, where a child committed a crime plays a disproportionately large role in whether their review will truly be meaningful or if they will even have one in a timely manner.

A few days before my arrest, I had been making plans for college, where I hoped to study child development and become a social worker. But I first needed to earn another credit to get out of high school and had asked the younger brother of a fellow gang member to consider enrolling with me.

Once he agreed, we sat around smoking marijuana and drinking alcohol. He suggested we act out a scene from a movie. Our plan was go to a convenience store, taking along two guns — one of which was nonfunctioning and the other supposedly had no bullets — to frighten the store employee and anyone who walked up. We’d grab more beer and run.

I agreed to stand watch as he went inside for what seemed like forever. Then I heard gunfire and he ran out. I went into the store and found Mr. Cantrell lying on the floor unresponsive. I ran, and we were arrested a few hours later.

I am deeply remorseful that I had a role in taking the life of another person. I can never repay what I took, and have been inspired to spend my life working to help children avoid the mistakes that I made. I also want to help create a justice system that holds children accountable in age-appropriate ways, accounts for their exposure to trauma and prepares them for reintegration into society.

My story is similar to that of many other youth who have gotten into serious trouble. Throughout my early childhood, I saw my alcoholic father physically abuse my mother. She, my siblings and I were sometimes so afraid that we hid in my bedroom, barricaded the door with furniture and prayed he would never return. I remember one particularly harrowing evening when my mother attempted to escape with the children. He appeared, seemingly out of nowhere, knocked my mother to the ground then grabbed her hair and dragged her through the mud. When she finally broke free, we drove to the police station, where she filed a restraining order against him. I was shaken to my core.

Even after my mother moved us to a new neighborhood, with a new house and a new school, my father showed up drunk late at night, creating lots of noise. The neighbors sometimes came out of their homes just to watch, and neighborhood kids mocked me at school.

By the time I was in sixth grade, though, I began to use academics as an escape from my world. That all changed when we moved again. At the new school, other kids said I spoke up too often in class and studied too much. In an effort to be more like the people around me, I stopped studying and even failed ninth grade. I also became an active gang member. I saw it as a way to end the loneliness.

I developed a practice of ending each school day at lunchtime. Before long, I began transporting and selling marijuana. My mother learned I wasn’t going to class when my high school sent a letter during my senior year, informing her that I had missed so many days of school that I would need to attend summer school in order to graduate.

That led us to that day in 1994, when marijuana, alcohol and the impulsivity of a child with a still-developing brain led me to take part in an unthinkable crime.

While in prison, I grew up. I denounced my gang membership, earned my GED, became a licensed barber and studied psychology and child development. These classes helped me understand the impact of the trauma that I and others had experienced and enabled me to counsel others in denouncing their gang memberships.

In addition, I completed anger management counseling and joined the Parents in Prison group, which helped men focus on the needs of their children. I was not a parent, so I spent the next year thinking about my needs as a child and how those needs could be addressed for children in situations similar to what I had experienced.

On my third visit to the parole board — and after I had served 10 years — the board granted my release. I stayed in Nashville and worked for a barbershop for a while. Then I began volunteering in a local school, working with children who were disruptive in the classroom, teaching them conflict resolution skills and helping them access other services they needed. I was then asked to do this work as an AmeriCorps volunteer with the Community Health Corps in Nashville, then as a full-time employee of the agency.

I was later was hired to direct a YMCA of Middle Tennessee outreach program that provided services to 25 to 30 students each year who faced issues similar to what I had experienced as a middle school student. Along the way, I also helped found the Incarcerated Children’s Advocacy Network (ICAN), a national network comprised of and led by individuals who went to prison as children for serious crimes and are now out living productive lives. All our members were charged with homicide-related crimes and/or faced life without parole as a child.

My original 25-year sentence expired March 3, 2016. I had no infractions during my 12 years of parole. A year later, I joined the Campaign for the Fair Sentencing of Youth, where we work to replace life without parole and other extreme penalties for children with age-appropriate accountability that accounts for children’s experiences and unique capacity for change.

I’ve dedicated every day of my free life to demonstrating that I am worthy of this second chance. I’ve tried to make sure fewer families suffer the same losses as the Cantrell family. I’ve poured myself into the lives of many.

And I am not unique. The members of ICAN, which I now help to coordinate, do the same, as do many other formerly incarcerated youth I have never met. We are all more than the worst thing we have ever done. We just need an opportunity to prove it.

Eric Alexander is youth justice advocate at the Campaign for the Fair Sentencing of Youth. He is a founder, member and coordinator of the Incarcerated Children’s Advocacy Network.

Recent Rulings in 6 States Signal New Momentum for Ending Solitary for Juveniles

This story was written for The Marshall Project.

A nationwide shift toward abolishing solitary confinement for juveniles, which began to take shape in 2016 after former President Barack Obama banned the practice in federal prisons, has surged ahead in recent months, with a half-dozen states either prohibiting or strictly limiting its use in their youth facilities.

In just the past year, a series of strongly worded federal court decisions, new state laws and policy changes in Wisconsin, Tennessee, New York, California, Colorado, Connecticut and North Carolina have nearly eliminated “punitive” solitary — holding youth in isolation for long periods of time rather than briefly for safety purposes — from the juvenile justice system. It was already largely prohibited in at least 29 states, according to a July 2016 survey of policies in all states and the District of Columbia.

The developments suggest that long-term isolation is rapidly losing ground as an accepted practice within the juvenile corrections profession, and that a child-specific definition of “cruel and unusual punishment” is now being established by courts across the country.

“These diverse courts seem to all at once be coming to the same conclusion: that solitary confinement of kids, who are our most vulnerable citizens, is unconstitutional,” said Amy Fettig, an expert on the issue for the ACLU.

But for youth advocates, ending juvenile solitary will take more work. Twenty-three percent of juvenile facilities nationally use some form of isolation, according to a 2014 study by the U.S. Department of Justice.

The practice still has support from many, though not all, juvenile corrections administrators and officers, who are often underpaid, overworked and exhausted from double shifts and who believe solitary is the only disciplinary tool available to them without adequate mental health resources or alternative discipline options.

“The front-line staff, historically, they’ve been trained to use isolation as a means to control violent behavior and to keep themselves safe, and now we tell them, ‘Hey, there’s a different way to do things,’” said Mike Dempsey, executive director of the Council of Juvenile Correctional Administrators. “So there is pushback, resistance, fear — a fear that changes like these will basically create unsafe conditions.”

But the momentum for juvenile solitary reform continues, with the latest development coming in July in Wisconsin, where a federal judge ruled that children at the Lincoln Hills and Copper Lake youth prison complex — one of the largest juvenile facilities in the nation and long the subject of litigation — have an age-specific “right to rehabilitation” and that “solitary confinement violates it.”

Under the preliminary injunction issued by Judge James Peterson of Federal District Court in Madison on July 10, Wisconsin officials must stop holding youths in solitary for longer than seven days, and must allow them outside their cells for at least 30 hours a week. (They had previously been held in isolation for periods of 60 days or longer, according to the underlying lawsuit by the ACLU and the Juvenile Law Center.) The youths must also be provided therapy, education and recreation, the judge said.

A spokesman for the Wisconsin Department of Corrections said that while the agency has moved to implement these changes, “The merits of the case have not been decided.”

The injunction echoes one in March by another federal judge, in Tennessee, who blocked a county from placing juveniles in solitary confinement. And in February, a third federal judge, in yet another preliminary injunction, ordered a Syracuse, N.Y., jail to immediately stop putting 16- and 17-year-olds in solitary, citing the Eighth Amendment protection against cruel and unusual punishment.

The rulings also come in the wake of — and perhaps as a result of — two events involving juvenile solitary that drew national attention. The first was the death of Kalief Browder, the 16-year-old from the Bronx who, after being accused of stealing a backpack in 2010 — a charge he denied — was held at the Rikers Island jail for three years, about two of which he spent in solitary. In 2015, after finally having his case dismissed and gaining his release, he hanged himself in his own home.

It was an image that, for many, drove home the total and long-term damage that isolation can do to young people, a group that depends more than most on social contact, educational stimulus, and a sense of purpose. More than half of all suicides in juvenile facilities take place in solitary, according to the Justice Department.

Soon after, in January 2016, Obama banned the solitary confinement of juveniles in federal prisons and also wrote an op-ed article citing Browder’s case and calling the practice “an affront to our common humanity.” It was a largely symbolic move, given that only 26 juveniles were being held in the federal system at that time. But many advocates credit it as an act of policy leadership that has spurred the flurry of state and local reforms in the year since.

In the months following, both California and Colorado legislatively banned the use of punitive solitary in juvenile facilities for periods longer than four hours. (However, an ACLU report published this year notes that despite the new law, Colorado’s youth corrections department placed juveniles in solitary 2,240 times in 2016.) And both North Carolina and Connecticut in 2016 limited the solitary confinement of teenagers held in adult facilities, a different but related policy change. Since youth in adult prisons must by federal law be segregated from adult prisoners, they are often held in isolation for no reason other than to keep them separate.

Yet despite the recent spurt of reforms, according to a Juvenile Law Center report, states like Nebraska are still regularly holding youth in isolation. And in New Mexico, Gov. Susana Martinez vetoed a bill this year that would have restricted solitary for juveniles in adult prisons. She said it would have put guards in danger and hampered their flexibility to choose the best disciplinary options for the most violent inmates and also to keep youths fully separated from adults.

Even in the places where reform has been enacted, the work of translating a judge’s order or a new piece of legislation into actual, sustained culture change remains to be done, according to a report from the Juvenile Law Center.

Indeed, many juvenile justice agencies, when challenged by litigation or legislation, simply rename solitary confinement using one of a variety of well-worn euphemisms: “room confinement,” “special management unit,” “restricted engagement,” “administrative detention,” “time out,” or even “reflection cottage.” Other agencies just reclassify the type of isolation as “nonpunitive” in their official statistics, calling it “temporary” or for the limited purpose of protecting the youth or those around him from harm.

“Anytime you’re talking about new or additional training,” said Dempsey, the executive director of the juvenile corrections administrators council, “it does cost money. It takes investment in alternative techniques, and that can be hard because in this line of work there’s always turnover and staff shortages.”

That’s why Dempsey’s organization and the Stop Solitary for Kids campaign, which aims to end juvenile solitary within three years, provide on-the-ground technical assistance to state and local agencies that might otherwise be inclined toward superficial reform. Juvenile justice officials from Kansas, for instance, were brought to a successful facility in Massachusetts to observe alternatives to solitary for themselves, said Mark Soler, executive director of the Center for Children’s Law and Policy and a leader of the campaign.

To Fettig, the ACLU advocate, the cause could not be more urgent. “Imagine if you left a kid locked in a small room for 70 days. Well, that same action is taken by state governments all over this country!” she said. “When you do this to children, they do not come back.”

This story originally appeared in The Marshall Project.

In Tennessee, If You Can’t Say Gay, Try George Takei

Legislation banning the discussion of homosexuality in Tennessee classrooms has just passed that state’s Senate.  Referred to by opponents as the “Don’t Say Gay” bill, Senate Bill 49 would affect prepared materials and instruction in kindergarten through eighth grade.

Popular “Star Trek” alum and noted gay activist George Takei wants LGBT youth to know he has a workaround if the bill becomes law.  In a video posted on Youtube, Takei suggests replacing the word “gay” with his own name: “Takei.”

“The so-called ‘don't say gay’ law is premised on the misguided belief that, by not talking about gay people, they can simply make us disappear,” Takei said.

The video offers several suggestions for where use of the term “Takei” would be appropriate, including, “I am a supporter of ‘Takei marriage’.”