Category: Uncategorized

  • Columbine: One More Part of a Harsh Decade for Children, the 1990s.

    By Nick Braune

    Although there has been a flood of articles commemorating the tenth anniversary of the Columbine High School tragedy, lamenting the violence of youth, maybe a little different perspective might be permissible too.

    I was living in South Dakota at the time, where I was a minor presence in the legislature as a lobbyist on peace and justice issues. I watched the legislature closely for three years, and I watched them solemnly “upping” (toughening) the sentences for this and that offense, always “sending a message” that evil actions would not be tolerated. The Clinton years were very punitive: they killed a half million Iraqis through sanctions and made our prisons swell like sores.

    It was a particularly harsh decade for children. Hillary and Bill, who believed it takes a village to raise children, were advocating school uniforms early in the 1990s but basically settled for prison uniforms. The “trying youth as adults” fad was intense throughout the decade. I wrote a one-act play — it was performed in a few places — about a kid in South Dakota who received a “life in prison with no parole” sentence for a crime he did as a 14-year-old.

    It’s a true story. The boy, Paul Jensen, trying to impress an adventuresome 18-year-old who was sleeping with Paul’s mother, became totally confused about what it meant to be grown-up, shot a cab driver on orders from the 18-year-old father figure, and is in prison today, where, I suppose, he will stay forever. The prosecutors and the press called him a “predator,” and the trial was a slam dunk. He did wrong, and everyone wanted to “send a message” to other youth not to do wrong.

    There are only five countries in the world which give the sentence “life in prison with no parole” to children. According to a Human Rights Watch and Amnesty International joint report in 2005, Barbados allows that sentence, but the report did not state how many were in prison there with the sentence. Tanzania had one person in prison under that sentence. South Africa had four. Israel had seven, and the United States had 2,200 people in prison for life with no parole who had committed the crime before turning 18. (This sentence, which Alexander Cockburn calls the “living death” sentence, incidentally violates the international conventions on the rights of children, which the U.S. has refused to sign.)

    Also in those Clinton years we saw a cancerous growth of “boot camps” being set up around the country, “tough love” centers, where the children were humiliated, screamed at, and tortured to make them better. When I lived in South Dakota, a 14-year-old girl, Gina Score, who had shoplifted some petty items, was trapped in a boot camp (to modify her behaior) and was killed. An interesting book on boot camps, although it only scratches the surface, is American Gulag: Secret P.O.W. Camps for Teens, by Alexia Parks.

    In my opinion, Columbine is the symbol not of youth violence but rather of a very cruel decade toward children: Paul Jensen in prison for life without parole, shoplifter Gina Score in a grave, the hundreds of thousands of Iraqi children dead because of sanctions, the children burned to death by the Clintons in Waco, children sentenced to execution, children dead in Columbine. If any readers would like to examine two interesting sociology books studying our negative and exaggerated attitudes toward youth in the 1990s, I suggest Mike Males’ wonderful studies, Framing Youth and Scapegoat Generation — I love those book titles. (Available from Common Courage Press.)

    * * * * * * * * *

    The following related piece, “The Criminal Justice System and Kids: One Dad’s Story,” appeared in my column in the Mid-Valley Town Crier, April 12, 2009 — N.B.

    While chit-chatting with everyone this week about April being the tenth anniversary of the Columbine High School massacre, I learned that Randy Jarvis (a Sociology and Criminal Justice faculty member at South Texas College) has a perspective much like mine — but with a special personal side. I asked for an interview.

    Braune: As you know, I am miffed that America began locking up more and more youth starting in the 1990s, and I think the fad about “trying youth as adults” has been disastrous. The media began labeling children as “dangerous,” as “predators,” as “lacking in consciences,” and then after Columbine, we began turning high schools into little jails. Youth could not be trusted. If I understand correctly, your son was hit by a false accusation right after Columbine. Please, fill us in.

    Jarvis: Two days after the Columbine incident, my son (at Burlington High School in Iowa) had some lead shot in his book bag. I had purchased a smelting pot for making fishing weights, and he was transporting the shot to his grandmother’s house where the smelter was located. Another student in his class saw the lead shot and asked what it was, and my son told him. The other student made a comment to my son that this could be used to make a bomb and my son replied “I guess you could.” The student immediately told a teacher about “bomb-making materials” in the book bag.

    The school police officer was immediately notified [there is more about school police later] and my son was arrested, charged as an adult, and taken to jail.

    Braune: The press and prosecutors went bananas?

    Jarvis: Oh yes, the news media, hyped by Columbine, plastered his school picture in the newspaper and on all four local channels and the next morning were present at my son’s arraignment. I had money ready to bail him out. But this was not to happen — the local prosecutor grandstanded, claiming my son was a danger to society and should be held without bond. The judge, reacting to the cameras, agreed and increased the bond to one million dollars.

    I retained a good attorney who immediately asked for a psychological evaluation to determine if my son was a danger, giving us some time for the hype to calm down, so he was sent to a state mental institution for evaluation. After a month, the psychiatrist determined that my son was no danger to anyone and should be returned to the judicial system.

    Because we got a different judge from a month earlier, I thought the nightmare was over. But this was not the case. In the court hearing, the school police officer showed up with a document, electronically signed by the vice-principal, showing that my son had been expelled from school. According to this document, a copy had been sent to his mother, the guidance counselor, the principal, the police officer, and me. But the document was dated the same day as our court appearance.

    Then the chief jailer/police officer was placed on the stand, who even claimed that my son was convicted of drug crimes in Henderson County, Illinois, clear evidence that my son was a danger to the community. Our attorney asked for a recess until that afternoon to substantiate the claims. I rushed to Henderson County Court House and obtained an affidavit showing my son had never had any criminal history in the County. Our attorney went to the school and ascertained that the school did not even know about the expulsion notice and in fact the only copy that existed was the one presented in court.

    Braune: Had the school police officer lied?

    Jarvis: Apparently, it was discovered that he produced the document on the Vice-Principal’s computer early that morning without their knowledge. After we proved this, the judge admonished the two officers and the Assistant District Attorney and sent my son to the Juvenile Court where he belonged in the first place, releasing him to his mother and me. Soon my son was acquitted of the charges, but his reputation was damaged — with his name plastered all over the news beca
    us
    e he had been charged as an adult.

    Braune: After the dust settled, did you receive an apology from the police, the school, the prosecutors, press, etc?

    Jarvis: No one apologized for anything. After civil litigation the school finally privately apologized, but only because they wanted the litigation to end and refused to apologize publically.

    Braune: I think your kid was lucky to have you in his corner.

    Jarvis: He was very fortunate that I could get the ten thousand dollars needed for the attorney’s fee. Otherwise, my son would probably have received a court appointed attorney and probably would have been convicted as an adult, sentenced to ten to twenty years.

  • The Right to Outrage: The Arrest of Henry Louis Gates, Jr.

    The international press is carrying the story of the arrest of Henry Louis Gates, Jr., but they usually fail to give his full title: Alphonse Fletcher University Professor and Director of the W. E. B. Du Bois Institute for African and African American Research at Harvard University.

    According to the AFP report: “Gates was seen by a passing woman to be attempting entry to the front door of his house — which was damaged — along with another black man, according to the police report from July 16.”

    When police questioned Gates at his own home, he reportedly told them “this is what happens to black men in America.” He was arrested at his own home for allegedly being “loud and tumultuous” in his denunciations.

    Has a person no right to protest?

    The story of Gates’ arrest follows news about one imprisoned immigrant in South Texas who was indicted after being roughed up by authorities (see Nick Braune’s story below.)

    We draw a comparison between what was done to Gates and Rama Carty. In both cases free expression was countered by official misuse of power. These two cases become the latest symptoms of a systemic disease.

    As we watch for developments in both cases we also keep our watchwords close at hand. Today we take our watchwords from “Living Morally: A Psychology of Moral Character,” by Laurence Thomas.

    “the desire not to be wronged by others is the most minimal attitude of positive regard that a self-respecting individual can have toward herself or himself.”

    These two cases of official retaliation against Gates and Carty are obstructions to the right to be a self-respecting individual in America today. –gm


    Here is an excerpt from Gates’ attorney as posted at The Root:

    When Professor Gates opened the door, the officer immediately asked him to step outside. Professor Gates remained inside his home and asked the officer why he was there. The officer indicated that he was responding to a 911 call about a breaking and entering in progress at this address. Professor Gates informed the officer that he lived there and was a faculty member at Harvard University. The officer then asked Professor Gates whether he could prove that he lived there and taught at Harvard. Professor Gates said that he could, and turned to walk into his kitchen, where he had left his wallet. The officer followed him. Professor Gates handed both his Harvard University identification and his valid Massachusetts driver’s license to the officer. Both include Professor Gates’ photograph, and the license includes his address.

    Professor Gates then asked the police officer if he would give him his name and his badge number. He made this request several times. The officer did not produce any identification nor did he respond to Professor Gates’ request for this information. After an additional request by Professor Gates for the officer’s name and badge number, the officer then turned and left the kitchen of Professor Gates’ home without ever acknowledging who he was or if there were charges against Professor Gates. As Professor Gates followed the officer to his own front door, he was astonished to see several police officers gathered on his front porch. Professor Gates asked the officer’s colleagues for his name and badge number. As Professor Gates stepped onto his front porch, the officer who had been inside and who had examined his identification, said to him, “Thank you for accommodating my earlier request,” and then placed Professor Gates under arrest. He was handcuffed on his own front porch.

    See Also: Statement from Gates’ Attorney and link to police report at The Root.

  • Calling all Bloggers: USA should Ratify Rights of Child

    Editor’s Note: Some good friends of the Texas Civil Rights Review have turned their focus to USA ratification of the UN Convention for the Rights of the Child (CRC). The following media advisory has been circulated to traditional press reps, but the group would also like to encourage coverage in the blogosphere.–gm

    Why hasn’t the US ratified UN Convention for the Rights of the Child (CRC)?

    Media Advisory

    AUSTIN TX–November 20 marks the 20th anniversary of the most universally ratified of all UN human rights treaties with 193 members. Two UN member nations have abstained from ratification to date: the United States and the failed state of Somalia. U.S. Ambassador to the UN Susan Rice has recently broached the subject of U.S. ratification, and Congressman John Lewis (D-Georgia) has introduced H.R. 416 which presses several human-rights issues, among them Senate ratification of Rights of the Child. It is time to correct this failure.

    Rights of the Child USA is a coalition of organizations representing the interests of religious, education, health care, humanitarian, labor, legal, and social service communities nationwide with a focus on this single goal. Their activities will be reported at www.rightsofthechild.com.

    But the story we highlight today is the reality behind our national failure to join the world community of good will in this action. It is this story that we ask you, the press, to highlight over the coming weeks. It encompasses complex issues, each deserving critical attention to help the American people understand their responsibility to act.

    A few political organizations have succeeded in portraying the CRC as a threat to our families and our national sovereignty. Two decades of a Republican Congress, inspired by the largesse of such organizations as the Christian Coalition, Concerned Women for America, Eagle Forum, Family Research Council, Focus on the Family, and the National Center for Home Education, have effectively prevented the U.S. from joining — indeed, leading — the rest of the world in this essential initiative.

    CRC simply provides guidelines to establish the basic respect a child deserves from all adults, whether relatives, teachers, or strangers. It has no power to require parents to alter their own beliefs; rather it seeks to create a climate in which any child can achieve his/her potential through a loving society. Because the treaty has been operational in most nations since 1990, a wealth of information is available to show its effect on participants (see links below).

    We invite you, the Fourth Estate, to make November 2009 a special month for the child. Below are some questions we ask you to explore, with research links. We thank you for honoring your essential role by addressing the understandable fears of some Americans, thus lighting our path toward this important decision and helping us to reimagine our country’s priorities about childhood.

    Questions:

    What is the history and background of the Convention of the Rights of the Child?

    FAQ from UN

    AP article with comprehensive background info

    UNICEF on CRC

    How has CRC impacted countries that have adopted it?

    Australia: A nation tending toward conservative leadership shows itself quite comfortable with the positive results from and lack of coercion exacted by CRC.

    Child Rights Club in Zambia [pdf format]

    And even in Hanoi!

    How do children fare in the U.S.?

    American Humane Assn: Annotated statistical summary of child life in America (2006).

    Deportation by the U.S. government of some 90,000 unaccompanied Mexican children, dumped on border.

    Pennsylvania judges charged with accepting $2.8 in kickbacks to send youths to private detention centers. AP October 30, 2009

    Texas: 1201 deaths from child abuse 2001-07, other stats

    How are our children doing compared with those of other countries?

    Among the 30 member countries of the U.N. Organization for Economic Cooperation and Development, we’ve been rated 23rd in material well being, 24th in health and safety, and 25th in education [pdf format].

    U.S. ranks number one for teen-age births?[pdf format]

    How do the family values of anti-ROC organizations resonate with public policy?

    Texas Freedom Network

    For further research

    US govt: America’s Children at a Glance

    U. WS. DHHS Administration for Children and Families

    Child Welfare Information Gateway

    Children’s Defense Fund

    The Campaign for U.S. Ratification of the Convention on the Rights of the Child (CRC)

    Amnesty International on CRC

    CONTACT: Rights of the Child USA, Jay Johnson Castro, 830 734 8636, jay at villadelrio dot com

  • Of God and Love in Lockdown: Notes from Prisoner Ramsey Muniz

    Dear Friends:

    It was just recently that Ramsey’s worst nightmare resurfaced. For reasons
    beyond his control or involvement, he and many others experienced the ordeal of 2
    weeks in “lockdown.” Through prayers and support, this condition has begun to change
    back to a normal status. Below is correspondence received during time spent in harsh
    conditions.


    “The more vital a people, the more individual and special their God.”

    5/13/09

    My Dearest Citlalmina:

    We continue to be in lockdown status. The desire for food doesn’t faze me at
    all. I do a lot of praying, reading, meditating, praying, and reading. I hope
    not, but it seems we will be in lockdown for a while. Do not worry about me
    for you know that this Mexicano spiritual warrior will travel into a world of
    spirituality and nothing can defeat me there.

    Please know that I will be writing everyday during this lockdown status just
    to confirm that I’m alright. Besides, I love writing to you! I only ask that
    you take good care of mom. She resides in my corazon and we have become
    powerful.

    Amor,
    Tezcatlipoca

    “We are in an era of spiritual/cultural consciousness. One cannot live
    one’s life shut up in the ivory tower of one’s own fantasy.”

    Amor,
    Tezcatlipoca


    5/14/09

    Only with the power of God and love of those who are in heaven do I survive
    this oppressive means of life in the institution of cruel and unusual
    punishment. In fact, It totally amazes me that instead of feeling lonely, sad
    or weak, I have become a most powerful, profound Mexicano. You and especially
    mom are constantly in my mind and corazon. I only ask that you take good care
    of her, for my own mother, Hilda is right there with her, sharing her
    strength, love, and spirituality. Together they can rule all of Aztlan!

    Be strong, have faith in yourself! Many truly do not understand the true
    meaning of the word faith!

    Amor,
    Tezcatlipoca


    “Just the constant realization that there exists something infinitely more
    just and happy than I is enough to fill me with a limitless joy and pride,
    whatever I may be and whatever I may have done.”

    “We have been in a struggle of humanity for existence and justice for the
    last five hundred years and it was my destiny to be a part of this
    history.”

    Tez

    5/18/09

    My dearest Citlalmina:

    Confined in this 6×9 cell day and night without the movement of 6 steps either
    way, pacing like a tiger, seeking the opening of the door one day soon. Yet
    deep in my corazon and mind I know that I have experienced these moments and
    times once before for 36 months. I came out knowing that God the Creator has a
    purpose in my life because he took my heart, my soul and mind to the highest
    mountain and said unto the world,” This is my son, Ramsey, and from the time
    of his birth he was destined to bring love, harmony, justice, faith and
    freedom to all humanity. Pray for him, for he will be the rising of the
    spiritual consciousness of humanity who are oppressed in the world of today
    and tomorrow.”

    “We are dying while we are still alive. We are born dead, and moreover
    we have long ceased to be the sons of living fathers; we become more and
    content with our oppressive conditions. We are acquiring a taste for it,
    but soon we shall invent and share a method of being born from an idea of
    freedom”
    .

    Tez

    In order to know and understand who you truly are, you must know your history.
    In the darkness and loneliness of these solitary confinements with little
    light to read, I became a confined scholar of our cultural/spiritual/and
    political history. In my heart, I now know that it is only a matter of time
    when we as a people will begin to mark our place in the history of yesterday,
    today, and tomorrow.

    “The law of human existence consists of us always having something infinitely
    great to worship. If we were deprived of this idea of infinite greatness, we
    wouldn’t want to live and would die of despair.”

    Tez

    I’m unable to take credit for the rising and reuniting of nuestra linda
    gente after 500 years of oppression, discrimination, injustices, and
    confinement with chains and shackles on a cold body, but it is written since
    August 13, 1521, when our last “Tlatoani,” Cuauhtemco, spoke to our
    ancestors stating that we would rise once again. He too was confined and
    chained by the oppressor.

    It is officially written by American authorities that by the year 2030 we will
    be half of the population in the United States of America. I knew the same in
    the dungeons of America, reading our ancient Mexika writings where the same
    was predicted. Now you know why in my heart and soul I’m free. Look at me —
    my soul is free and no one will ever take that away from me — not chains,
    shackles, or solitary confinement. I’m a free Mexicano! The time has come
    for the world to know of our strength, courage, and refusal to give up this
    struggle of ours!

    “Where there is no love, there is no reason either.”

    In exile,
    Tezcatlipoca
    www.freeramsey.com