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View Diary: We Need to Talk About an Injustice: America is Stone-Age on Juvenile Crime (75 comments)

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  •  Yes, I agree, and in this case that is (0+ / 0-)

    partly what happened.
    The offender was mandated to participate in an outpatient juvenile sex offenders rehab. program along with the sentencing, at the parents' expense.  The idea is that minors under a certain age (13) are more easily rehabilitated through counseling and behavioral therapy etc.  A minor over age 16 convicted of the same offense would in all likelihood have faced detention time and not have been able to plea it down.  I am not a lawyer or an officer, but this is how it was explained to me.  
    However, even if the youth serves time in juvenile detention for rape, the youth is almost always put back into the public school system whenever possible.  I'd share the links I have to the ACLU writings on why they think mainstreaming juv. sex offenders back into public school is the best treatment plan and to info on how school administrators are not required to tell the victim or the community even if a registered juv. offender is attending, but I just transferred all my files to a new PC and lost a lot of my bookmarks.  I have researched this for months.
    Here's what I can tell you, whether or not a juvenile sex offender goes on a registry varies by state and whether or not the registry is open to the public also varies, as the juvenile sex offenders registry is not public record here in MI.
    I can tell you that law enforcement is required to share any info regarding criminal offenses by youth with the public school the youth is currently enrolled in--but sometimes that gets lost in the shuffle. I'll give you an example--the youth in our case enrolled in a new school over the summer just days before the prosecutor pressed charges, so the school the kid attended when the crime was committed was never notified by the court, which in turn effectively let the school district off the hook for expelling the offender (who was a school of choice student).
    I can tell you that even if your district knows they have a juvenile offender, they don't have to tell you because of privacy protections for the minor offender.
    I can tell you that the system is in many, many ways set up to protect the due process rights of the criminal offender and not the victim and not the community and that even though your school aged children are protected by Title IX and supposed to have the right to a safe learning environment, that even if they not kept safe, even if they are sexually assaulted in shop calss for instance by a school of choice student while the teacher leaves the room, the perpetrator has the right to due process and a free public education that for all intents and purposes trumps your child's right to not be sexually assaulted.
    I could and should write about this.  maybe down the road when some healing has taken place.  I do not condone locking children up in for-profit jails and sentencing them with detention for a first offence, but I also don't condone letting juvenile sex offenders cop a plea for a first offence or letting them in my kid's school.
    Who would?
    So, then, what is the answer?  For me, my give a shit ran out the moment it became apparent to me that my child was the victim of criminal sexual conduct by a fellow student who was only given access to her because of a bullshit school choice policy.  And in court even the prosecutor minimized it, because of the juvenile's age and record.
    One time is one too many.  
    Prison?  I don't know.  Back into school?  Definitely not.

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