Last month the U.S. Supreme Court vacated a life-sentence
for a Wyoming teenager convicted of a Sheridan murder. Wyoming policymakers
might want to consider that as an omen. If the governor and the legislature
can’t do something about our dysfunctional juvenile justice system the courts
will do so just as they did in school funding.
Juvenile justice reform isn’t a priority for the governor or
the legislature despite wasted money and wasted lives. There’s a steep cost for
this system producing consistently failed outcomes. Tens of millions of your
tax dollars fund this decayed system. You pay a lot now and even more later. If
your child falls into the meat-grinder, long-term personal and psychological
costs can be even higher. As a one-time member of Wyoming’s Parole Board, I
know nearly all adults for whom you pay to house in a prison had a lengthy,
unaddressed juvenile criminal record before being sentenced to an expensive
prison cell.
More than
70,000 juveniles are held in jails across America. Wyoming does more than its
fair share. In 1971 the Columbia Research
Center ranked Wyoming second in the nation for per capita rate of detained
juveniles. Forty years later that remains unchanged. A lot of lives have been
ruined over those four decades.
When lawmakers built the system decades ago, there was an
excuse. There existed scant research informing lawmakers what works. There’s no
excuse today. Now we know. Jails may be the place to put some children who
commit violent crimes, i.e. children we are afraid of; jail is not for kids we
are simply mad at. Today Wyoming children are jailed for crimes as menial as
smoking cigarettes. The strategy doesn’t work. The earlier you start sending
children to jail, the more likely they’ll be to spend adult years in prison.
The failure to provide mental health and other services to youthful offenders
will reap greater problems and higher costs in coming years.
Wyoming’s treatment of juvenile offenders is like
bloodletting, a popular medical procedure used well into the 1800s for treating
every ailment from acne
to cancer, insanity, and other diseases. Centuries after science
discredited the practice, stakeholders (usually barbers) continued to let
blood. It didn’t work for patients, but it did work for barbers.
Wyoming’s
juvenile justice system doesn’t work for children or their families. However,
it works well for its gatekeepers. Wyoming has a feudal-lord system. Each of
the 23 elected county attorneys is lord over their county. They have
benefactors in the governor’s office and the legislature.
Under Governor
Freudenthal, state grants provided an incentive for local communities to
collaborate to improve services for juveniles believing schools, mental health
providers, the medical community, and parents had something to offer and that
prosecuting lawyers and judges should work with them collaboratively.
Communities
were required to form a collaborative board, allowing interested entities to
work together to improve services. Several county attorneys didn’t see any value
in sharing the keys to their kingdoms. They waited patiently knowing they would
outlast the governor who sought the reforms.
Soon after
Governor Mead replaced Freudenthal the feudal-lords returned to power. This
Governor reversed the progress, marginalizing those who supported a
collaborative, research-based reform, replacing them with advisers who pleased
the feudal-lords.
The grant
program giving an incentive to make research-based reforms? Well, the
prosecutors are now asking legislators to just give that money to them, no
strings, allowing them to continue doing what they want whether it works or
not.
All those
studies demonstrating Wyoming is doing harm to children under the status quo?
As the Geico-gekko would say, “Fugg-it-about-it.” Studies take time to read and
put politicians in the uneasy position of saying no to a member of the club.
Yes, if you’re
one of those children, the system is generously described as “dysfunctional.”
It’s really an abomination by any justice measure. But it works for the feudal
lords and their political allies. As long as they stand at the gate, not much
will change. Hello voters!
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