6 Burst results for "Marsha Levick"

"marsha levick" Discussed on On Point with Tom Ashbrook | Podcasts

On Point with Tom Ashbrook | Podcasts

23:15 min | 10 months ago

"marsha levick" Discussed on On Point with Tom Ashbrook | Podcasts

"His case he was he was given a multiple life sentences without the let's see if we can get marshawn Allen back on the phone here but Marsha Levick talk to me a little bit about a read the facts of marshawn case here I mean is that that's part of the the big picture that we have to look at that he did he someone who didn't even pull the trigger and but ended up with a life sentence without the possibility of parole at the age of fifteen that's life without parole under the exact same circumstances and his case highlights how we cannot think about these cases we cannot examine them through one lens everybody is different and that's precisely the point of the Courts decisions. Well let's see if we have Marshall Allen back on the line here marshawn are you with us from here okay thanks so much for joining us today in this discussion here you just tell us a little bit about when you were fifteen and you began serving your your life sentence without the possibility thirty of parole I mean take us back to that that moment in time who what what were you like what kind of person were you then at fifteen well at the age of fifteen have to step back and explain that I had an older brother who I looked up to who was involved in drug dealer and and I my my dad was using drugs and he wasn't around and my mom's brothers who actually introduced my brother to selling drugs they were actually the only male role models I had around so those were the people I was looking up to so growing up in environment and I just didn't my community but also the family household where selling drugs and was was acceptable You know it played a very very impressionable role in my life but I was a youth I was in high school I was very into fixing things with my hands and working on cars and things like that I wasn't a bad kid I 'cause I got into trouble like every kid does when they're especially boys get into trouble when at age but I was not at that point I had never been charged or convicted or a comedian he acts of violence when my case happened and circumstances will be happening was as you know his his drug deal that went bad individuals head of came to buy large amount of drugs from my brother and and putting a gun to my head and forcing me to take them to the apartment when my brother was a hit his drugs and money well he's business from and especially on the ground and they out that he made the drug do they actually kidnapped me and made me take them back to the location where he had picked him up and so is the situation it'll add to it my role in a crime was still in the vehicle that was used and and that came about with me being a teenager I was really into cars I love cars I love driving him fixing on them and everything so I learned at a very young age how to drive and actually was still cards from like of individuals in my neighborhood Masan if I can just interrupt here we've just got a minute before I have to let you go here you were released in two thousand sixteen you served twenty five years right and now you you manage an advocacy group called the Restore Justice Foundation. I mean just a minute we have before I have to let you go here what do you you think your experience what lessons should should we draw from your experience about how we ought to be looking at at questions of juvenile sentencing well as Marcia said in that science says that you ju are different than we do change that we shouldn't be have this sentence Espn impose on every that should be individual consideration that should be made before citizens I made in there shouldn't be as we you say that there is no no crystal ball for the election no at the time we'll send the scene how individuals WanNa turn out so there there should be some mechanism in place in in place where a youth can be read review ten years and with instant sentenced to decide where he's at whether or not he's been rehabilitate it can be safely released to society we shouldn't just be categorically finishing youth without parole without giving them a chance to themselves well marshawn Allen he is a man he manages the advocacy and out at an outreach for the restored Justice Foundation and is a board member of the campaign for the fair sentencing of youth joining us from Chicago go marshawn thank you so very much and Marsha Levick Sam by here for just a moment we have to take a quick break this is point this is on point I'm Meghna Chakrabarti we're talking with Marshall Levick she is chief counsel and founder of the Juvenile Law Center Public Interest Law firm that's been advocating for children's rights since nineteen seventy five we're talking with Marsha because this week the supreme court heard another case that as asking the court to reassess sentencing for juveniles who commit needed murder and Marsha let me ask you I mean you have been deeply involved in this work since nineteen seventy five it seems as if in the past enter fifteen years we've been seeing a kind of rapid pace of change in how the courts are looking at juvenile cases like this even the most extreme ones because I mean wasn't it just in the in the nineties where one of the prevailing theories about juvenile offenders was that of incorrigible superpredators. Yes yeah and I'm glad that US question When I think about the trajectory of my work and the work of my colleagues in this field the cases the the recent cases decided by the US Supreme Court in the last fifteen years I think are very much a response to what happened is a consequence of what we now was the Super Predator myth of the nine hundred ninety this notion that we were coming upon generation of violent teenagers who terrorize our neighborhoods that proved to be false else but before it was recanted by the scientists who came up with it we saw hundreds of thousands of children being tried as adults in the criminal justice system the numbers at some points during the nineteen nineties whereas highest two hundred thousand children a year were being charged as adults and what that meant was is that as they pass through that system if they were convicted they were subject to the full brunt of adults sentencing that included of course the death penalty in some states and it included life without parole or very very long term of your sentences and so when the Supreme Court was finally when they made the decision to reexamine the constitution nowadays the death penalty in two thousand five I think it was very much in part in response to the concern that we had so many youth in this country being convicted and sentenced as adults and also the coincidental emergence of science that had come out really beginning a research net were convened by the Macarthur Foundation in the late in the mid nineteen ninety s that research began to make its way into both the academic conversations As well as I think the public discourse and of course as I said was very foundational on the Supreme Court's decision and so as you you know you you kind of have this comment where you had hundreds of thousands of youth in the criminal justice system and very compelling research that they were different that they were less blameworthy and Enj- those I think those things coming together really did lead to I think what is fair to say revolution in sentencing juveniles in this country yes there's they wanna come back to you with you Marsha because I wondering how should we be looking at at the issue of culpability the question of culpability and here's here's why I ask because I mean you said earlier that there is a deep streak in the American criminal justice system that is is punitive right and so I wonder that's for a reason and bear with me here as I walked through this thought experiment okay because you know for example in case his of sexual assault in college. Now we're not talking about minors here we're talking about college students but I've heard frequently people say well look lots of lots of college students get drunk but even in their inebriated states most of them don't sexually assault people is that I mean that that's an interesting analogy to me because it should the same question be asked of youth offenders that that most seventeen-year-old most sixteen years most fifteen-year-olds even with their developing being brains they don't commit these terrible crimes so shouldn't shouldn't punish there's a reason why punishment is part of the criminal justice system even for juvenile else yes and I don't think that we can ignore the role that punishment plays the role of holding people accountable for what they do is certainly a lament I think of any justice system but I think that the the fact that not everyone does it is not a reason to throw out those or throw away those who do because this is you of culpability is also relevant to our concern I think a constitutional concern for proportionality ensuring that when we do in fact punish people and hold them account double we do it in ways that are proportionate to their culpability for the crimes that they commit so I think we have to focus on those who get caught up in the justice system not those who don't and what we know about these individuals is that again as as youth is adolescence their ability to make mature decisions to make good decisions is poor they are impulsive there impetuous and it would be wrong I think is a matter of constitutional law I really think that's what the US Supreme Court has said in this a series of the last three decisions on sentencing that we simply cannot as a matter of constitutional law treat in the same as we would adults because levels of culpability are less and their levels of maturity and judgment are less and it is very much about as I as I said this concern for proportionality and this comes directly out of how we think about our eighth amendment ban on Kroll unusual punishment Well let's go to Gary Calling from Montgomery Alabama Gary you're on the air thanks for taking me call I'm retired law enforcement of the city of Montgomery actually responded Wanda DC sniper scenes when they pass through Montgomery we're not born human beings we learn how to be a human being and when the child is raising an atmosphere that's inhumane then that's what they know and it's such a young age they don't have the opportunity to control their impulse behavior so if he's sentenced to life in prison and hostile environment they were Steve WHO's calling from New Orleans Steve you're on the air thanks for taking my call when I was eleven years old the person who is still in jail for the crime has the possibility of coming up with role now because of the change in the I mean we received death threats call to my house after the crime saying that if we testified they would come after us dear Steve I'm so sorry to have to interrupt you there is running out of time but thank you so much for your call and for sharing what happened to to how would you respond to both Gary and Steve Well I think they both present very real and important perspectives on what we're talking about And and I think to Gary Point I appreciate his understanding from the position where he is that precisely the kinds of issues that he raised the family background how someone that he and his family experienced but I can say to Steve that Since Miller and Montgomery came down we have had hundreds of men and women released like marshawn individuals who have come back to their communities who are giving back who are many of them working in advocacy or social so to the concern can we manage them coming back into our communities I say yes because I think we're seeing play out in real time every day right now across the country Maryland Congressman Elijah Cummings died early this morning in Baltimore he was sixty this is on point.

marshawn Allen US Supreme Court Marsha Levick Marsha Restore Justice Foundation US Marsha Levick Sam Macarthur Foundation restored Justice Foundation Juvenile Law Center Public Int Chicago Marshall Levick Marcia Espn assault Meghna Chakrabarti murder chief counsel founder
"marsha levick" Discussed on On Point with Tom Ashbrook | Podcasts

On Point with Tom Ashbrook | Podcasts

13:31 min | 10 months ago

"marsha levick" Discussed on On Point with Tom Ashbrook | Podcasts

"Of the Ted Radio Hour from NPR on our latest episode were exploring anger what it is when you feel it whether some get to feel it more openly than others and why listen now this is on point I'm Meghna Chakrabarti we're talking this hour about the case of Lee Boyd Malveaux he was one of the DC snipers back in two thousand and two he was seventeen at the time when he received multiple life sentences for those murders his case now before the United States Supreme Court where he is asking for a reassessment or a chance at another sentencing hearing because the core Shen is what constitutes justice in these cases of juveniles convicted of murder should they ever be sentenced to life without the possibility of parole well I'm joined today by Marshall Levick she's chief counsel and founder of the Juvenile Law Center Public Interest Law firm that's been advocating for children's rights since nineteen seventy five and she's been a a key legal voice in several of the other cases at least one of the other cases that has previously appeared before the court on these matters so let's go quickly to the phones let's go to Sean calling from Charleston South Carolina Hello I just wanted to say I I work in the correction system around seventeen years on a regular basis and before I did that I would have the view that she has or a lot of people have they shouldn't have life sentences but haven't been exposed to them on a regular basis they're they're young men they're not children are boys anymore they're very very mature they're very aware of the crimes that they commit in the situations that they put themselves in a lot of them frankly are proud of the things that they do I just I absolutely feel that they're they're old enough they know what they're doing they're making the choices that they are and there will be willing to accept the complex the the consequences that come with it and they're they're okay with it frankly I mean it's it's it doesn't even seem to fade as them you know when they're looking at fifteen or twenty years we tell whenever it's fifteen or twenty but you know I've done so much here and I'll do half their day it'll be out like ten eight and the being ballroom at seventy well Sean thank you so much for your call and your perspective there and Marsha Levick I'm just want to piggyback off Shawn's observation here and wind back the clock back to that two thousand twelve Miller v Alabama case that appeared before the court that upheld that mandatory life senses without the possibility of parole for juveniles was unconstitutional and Justice Alito filed a dissenting opinion in that case and here's a clip from what I read from the bench in June of two thousand twelve think of the worst possible seventeen year old murderer perhaps a seventy in your old who previously was convicted of several murders was tried in family court and has resisted any attempt at rehabilitation where think of the seventeen year old a seventeen and a half year old perhaps who goes to school and guns down a dozen or more teachers and students the opinion the court delicately refers to all murderers under the magic age of eighteen as children and holds every single one of these children must given a chance to persuade judge to impose a lesser sentence Justice Samuel Alito in two thousand twelve? Marshall isn't as as you said this is one of the core question like is there a magic age here does it have to be in the justice system well I think that let let me just take a moment respond though to the to the issues that were raised by the caller and even by Justice Alito comments because I think that focusing on how someone behaves if the agent seventeen what we observe about at the age of seventeen is actually precisely the point of these cases and that is that how the appeared seventeen is not at all and not necessary early who they will be twenty five thirty five forty five fifty five years old and it is impossible to ignore the science whether it's the neuroscience the social science that really conclusively establishes this capacity for Change and to the concern that someone has committed a horrible crime at the age of seventeen we should never contemplate letting them out we need to keep in mind that when we talk about providing this opportunity to be eligible for parole it is not a ticket out of jail that at that moment when someone goes before the Parole Board the Parole Board has to ask itself questions and frankly ask that individual wins that will go to whether or not they have matured whether or not they have accepted the consequences whether or not they have demonstrated rehabilitation whether or not they are able and ready to return to their communities in many instances that won't happen that's precisely what Justice Kennedy recognized in his two thousand ten decision prohibiting without parole and non homicide cases we all understand in this space that many of these young men and women won't get out of prison even as they go before a parole board but we Augmon for the scientific recognition the scientific finding about this capacity for change and as we think about as I said sort of you know what is this search tell us going forward it does raise questions that I think we need to be having a conversation about that it's probably not a magic boundary at eighteen that the same aspects of immaturity the characteristics of maturity that we see in youth under the age of eighteen they often carry forward many individuals past the age of eighteen and certainly brain development continues and as we contemplate again as you as you said at the opening of the segment contemplate what does justice mean what is the purpose of our justice system we need to be thinking about again where research might take us as we try to ensure that we are serving justice so let me ask you Marcia I mean what do you think justice means in these cases because I mean by definition yes I mean neuroscience this showing us the the youth brain not only has the capacity for change it changes dramatically but if we're speaking of justice writ large I mean isn't the conclusion that that everyone does have regardless of age everyone does have the capacity to change and if so what does what does that mean for the hire process or or act of sentencing in in these most terrible crimes well I think that the capacity for changes different and so we know that capacity for change among young people again let's say individuals under the age of twenty five in most strongly individuals under the age of eighteen that's a that's a capacity for change that is especially dynamic that the kinds of judgments and decisions that they make think about ourselves as teenagers if my daughter's teenagers not so long ago the kinds of judgments that young people make appear in the moment they will say sometimes I know exactly what doing so it can appear as if there is some thoughtfulness behind the decisions that they make but we know that there isn't and so I think that this while yes it's true everyone can change and I think we want to believe that everyone can change as we grow older ourselves as we examine ourselves we may want to change aspects parts of ourselves even so but I think that we're we're talking a little bit about apples and oranges and when we think about the the possibility for rehabilitation Asian and real transformation of character that that is something that really is unique to a particular segment of the population it's the young population in this country let's go to Christine who's calling from Buffalo New York Christine you're on the Air Hi thank you for taking my call I was actually a freshman at George Washington University the network has happened and to this day I'm still afraid of white conversion man so I just think I'm so glad that you were talking about this topic because I I'm from New York we just had the raise the age past and I think a really important distinction is the difference between violent and nonviolent crimes and how I think it's a really slippery slope when you start opening the idea of changing you know mandatory life sentences for violent crimes because then it kind of opens the door for everything and you know it's not like some kid that was in jail the drug offence or a you know robbery or something like that that was not violent like this was calculated murder of multiple people and he terrorized the city and I think you can't like like your guest saying apples to oranges you can't compare These type of calculated island crimes like a non violent crime will Christine thank you so much for your call Marsh Likud like to respond to Christine sure let me say first of all I have certainly many friends who were in DC in two thousand when who are still there and I I understand completely appreciate the fear not only that you and your friends and family members felt them but of course what people continue to caller remember about that time but I think that the Supreme Court went it really rolled in Miller striking mandatory life without parole sentences what Justice Kennedy sorry which this Kagan said was that that there was no reason to treat the science differently though scientific findings differently with respect to individuals who commit violent crimes nonviolent crimes and while I think that we live in a culture that is highly retributive we think about again this question what is justice many of us in this country think about justices really being about punishment and revenge and when something horrible happens we want to do something horrible in return but I think that is we volve honest we think about what our values should be certainly from my perspective I think that our values need to include for certain populations not only consideration for retribution but also again this opportunity for rehabilitation this opportunity for second chances and to recall again I think that we it's it's wrong to inflate the idea of eliminating life without parole sentences that prohibit someone from ever getting out of prison from giving them an opportunity to be to be considered for release because as I said many of those individuals won't get relief many of those individuals who committed perhaps the most brutal the most heinous violent crimes may never be candidates for release but but we cannot know that when they're seventeen or sixteen or fifteen and two I believe to to meet this goal of justice in our society we need to be willing to reexamine those individuals said a later point in time the thing about cases like Malveaux says is that it brings these core questions about what is justice regarding juvenile and murdering people from you know as snipers so yes in in ability of parole but the bigger picture also is that other youth offenders get similar sentences for very different kinds of crimes right so so let me turn now to Marshawn Allen who joins us from Chicago Illinois because he when he was fifteen years old he was sentenced to life without parole he was involved in a drug deal and robbery that ended in a man being killed marshawn Allen didn't pull the trigger but he was charged with two counts of fifteen a first degree murder ended up being released in two thousand sixteen after serving twenty five years because of one of the Supreme Court's decisions the Miller v Alabam Emma decision so marshawn ellen welcome to you can you hear me precisely right and I think that your comments really underscored this principle that the exception can't make the role and it is hard to have a conversation about a more generous or lenient view of sentencing of adolescents teenagers who commit even homicide crimes and about it in the context of Lee Boyd Malvo which is which is a horrific incident that we hope will never be repeated I think in Martians case there are many individuals across the country just like him who did not pull the trigger who might have been present at the time when a crime was committed in the course of that crime and the victim died at somebody else's hands they were sentenced identically to the individual who was directly responsible for that murder and that is an enormous travesty of justice that goes on every Day in my state of Pennsylvania we many individuals who were sentenced to life without parole mandatory sentences of.

NPR Marshall seventeen year twenty five thirty five forty twenty five years seventeen years fifteen years twenty years
"marsha levick" Discussed on BrainStuff

BrainStuff

06:06 min | 10 months ago

"marsha levick" Discussed on BrainStuff

"I'm Erin Minke Creator and host of unexcused season one was a deep dive into the Salem witch trials in this season of on obscured. We'll trace the path half of the spiritualist who followed the Voice of Andrew Jackson Davis over the course of the nineteenth century spiritualism became a kaleidoscope of novel beliefs courageous people people and world shaking events listen to on obscured on the iheartradio APP apple podcasts or wherever you get your podcasts the brain stuff a production of iheartradio. Hey brains lauren vocal bomb here criminals come in in all shapes and sizes though it may strain definition that we can count a six-year-old throwing a temper tantrum in an elementary school among them yet welcome to America in late. September two thousand nineteen a Florida cop arrested to grade schoolers slapped a pair of handcuffs on at least one of them and sent them off to be booked fingerprinted and have their mugshots taken taken both children again six year olds who misbehaved at school were charged with misdemeanor battery a bad day for Harried police officer well yeah maybe a bad day for schools and the juvenile justice system absolutely we spoke with Marsha Levick the chief legal officer for the Juvenile Law all center which bills itself as the country's first nonprofit public interest law firm for children she said does it get more ridiculous. It's absurd. It's it's a ridiculous abusive law enforcement power authority but it's also really unnecessary but all too common abdication on the part of schools and school districts teachers just defer their management of school misconduct to police the pure legality of charging a juvenile as young as six with crime varies across the United States to be clear a juvenile in forty five states plus the district of Columbia is anyone younger than seventeen in Georgia Michigan Missouri Texas and Wisconsin. It's anyone anyone younger than sixteen juvenile offender normally doesn't move through the criminal courts but through the juvenile justice system which has guided according to the office of Juvenile Justice some delinquency prevention quote by the concept of rehabilitation through individualized justice for more serious offenses though juveniles may be tried in criminal court wear if found guilty the court focuses on punishment not rehab of fifty one jurisdictions. That's the fifty states plus the District of Columbia thirty. The three have no lower level limit on holding a young person criminally accountable that excess that includes Florida in effect that means that an overzealous cop legally Wrigley can arrest even an unruly two year old of those eighteen other jurisdictions most put the lower level that a kid can be charged with a crime at ten years years old in those locations six-year-old like the two in Florida simply could not be arrested or charged with a crime levick said obviously it begs eggs the question how can that be. How can we possibly have created juvenile court system that allows for the possibility that six and seven year olds can be arrested. I think they never envisioned and six or seven year old would be hauled into court. I think that's a fair assumption. That's not who designed the system for so what happened in Florida a police Lisa Officer with Orlando's reserve unit arrested the two six year olds on separate misdemeanor battery charges on September nineteenth of two thousand nineteen one was a girl who lashed out in a Tantrum Trim that was brought on by a sleep disorder. The girl's family told The New York Times on Monday September twenty third the Orlando Police Department fired the officer who made the arrests for not following in protocol that required he'd get approval from his supervisor to arrest any minor younger than age twelve. No charges were filed against the two children. Cops in schools rules of course are not new. Florida is one of many states that has bumped up. Its police presence in schools over the years. The Florida legislature mandated it after the shooting at Marjory Stoneman when Douglas high school in Parkland claimed seventeen lives in February of two thousand eighteen the buildup of police in schools understandable in some ways. It's been more in twenty years since two students killed thirteen people and injured twenty one others at Columbine High School in Littleton Colorado since columbine up until April of this year America it has been through two hundred and thirty eight other school shootings according to a year long investigation by the Washington Post this increased show of force though does come with problems plums for one as the Orlando Sentinel points out citing report by the Education Week Resource Center black students are arrested at school at disproportionately high hi rate at least one of the children arrested in Orlando was black and as the recent news out of Orlando Shows Police School kids even elementary school kids just sometimes sometimes don't mix levick said we know where this is coming from. This fear of what happens when a child acts out in school. There's going to be some catastrophic consequence I am I need from Columbine for twenty years. We've been overreacting. I'm not aiming to trivialize schools being so quick. Call Law enforcement there obviously many situations nations in which that's appropriate but this is one that defies common sense most would agree that slapping cuffs on first graders probably is crossing the line zero-tolerance. Your tolerance certainly has its costs eleven said initially the thought was that there would be some rationality some reasonableness injected into the school environment would curb those extreme and absurd responses but it may be that trusting in waiting for commonsense to kick in isn't going to work it may be that it does require a legislative response. It's some movements across the nation aim to raise the minimum age that a child can be charged with a crime to twelve years old in some of those thirty three jurisdictions actions where no minimum ages set their calls to set something until then though school police officers may have to lean on something much less complicated than legislative action should when faced with a prepubescent troublemaker a deep breath. Maybe a countdown from ten and a little common sense..

Florida Marsha Levick Columbine High School Orlando Shows Police School Orlando Orlando Police Department officer America Juvenile Law Andrew Jackson Davis Douglas high school Erin Minke Salem District of Columbia apple Columbine Orlando Sentinel United States chief legal officer
How Young Is Too Young to Face Arrest?

BrainStuff

05:29 min | 10 months ago

How Young Is Too Young to Face Arrest?

"Criminals come in in all shapes and sizes though it may strain definition that we can count a six-year-old throwing a temper tantrum in an elementary school among them yet welcome to America in late. September two thousand nineteen a Florida cop arrested to grade schoolers slapped a pair of handcuffs on at least one of them and sent them off to be booked fingerprinted and have their mugshots taken taken both children again six year olds who misbehaved at school were charged with misdemeanor battery a bad day for Harried police officer well yeah maybe a bad day for schools and the juvenile justice system absolutely we spoke with Marsha Levick the chief legal officer for the Juvenile Law all center which bills itself as the country's first nonprofit public interest law firm for children she said does it get more ridiculous. It's absurd. It's it's a ridiculous abusive law enforcement power authority but it's also really unnecessary but all too common abdication on the part of schools and school districts teachers just defer their management of school misconduct to police the pure legality of charging a juvenile as young as six with crime varies across the United States to be clear a juvenile in forty five states plus the district of Columbia is anyone younger than seventeen in Georgia Michigan Missouri Texas and Wisconsin. It's anyone anyone younger than sixteen juvenile offender normally doesn't move through the criminal courts but through the juvenile justice system which has guided according to the office of Juvenile Justice some delinquency prevention quote by the concept of rehabilitation through individualized justice for more serious offenses though juveniles may be tried in criminal court wear if found guilty the court focuses on punishment not rehab of fifty one jurisdictions. That's the fifty states plus the District of Columbia thirty. The three have no lower level limit on holding a young person criminally accountable that excess that includes Florida in effect that means that an overzealous cop legally Wrigley can arrest even an unruly two year old of those eighteen other jurisdictions most put the lower level that a kid can be charged with a crime at ten years years old in those locations six-year-old like the two in Florida simply could not be arrested or charged with a crime levick said obviously it begs eggs the question how can that be. How can we possibly have created juvenile court system that allows for the possibility that six and seven year olds can be arrested. I think they never envisioned and six or seven year old would be hauled into court. I think that's a fair assumption. That's not who designed the system for so what happened in Florida a police Lisa Officer with Orlando's reserve unit arrested the two six year olds on separate misdemeanor battery charges on September nineteenth of two thousand nineteen one was a girl who lashed out in a Tantrum Trim that was brought on by a sleep disorder. The girl's family told The New York Times on Monday September twenty third the Orlando Police Department fired the officer who made the arrests for not following in protocol that required he'd get approval from his supervisor to arrest any minor younger than age twelve. No charges were filed against the two children. Cops in schools rules of course are not new. Florida is one of many states that has bumped up. Its police presence in schools over the years. The Florida legislature mandated it after the shooting at Marjory Stoneman when Douglas high school in Parkland claimed seventeen lives in February of two thousand eighteen the buildup of police in schools understandable in some ways. It's been more in twenty years since two students killed thirteen people and injured twenty one others at Columbine High School in Littleton Colorado since columbine up until April of this year America it has been through two hundred and thirty eight other school shootings according to a year long investigation by the Washington Post this increased show of force though does come with problems plums for one as the Orlando Sentinel points out citing report by the Education Week Resource Center black students are arrested at school at disproportionately high hi rate at least one of the children arrested in Orlando was black and as the recent news out of Orlando Shows Police School kids even elementary school kids just sometimes sometimes don't mix levick said we know where this is coming from. This fear of what happens when a child acts out in school. There's going to be some catastrophic consequence I am I need from Columbine for twenty years. We've been overreacting. I'm not aiming to trivialize schools being so quick. Call Law enforcement there obviously many situations nations in which that's appropriate but this is one that defies common sense most would agree that slapping cuffs on first graders probably is crossing the line zero-tolerance. Your tolerance certainly has its costs eleven said initially the thought was that there would be some rationality some reasonableness injected into the school environment would curb those extreme and absurd responses but it may be that trusting in waiting for commonsense to kick in isn't going to work it may be that it does require a legislative response. It's some movements across the nation aim to raise the minimum age that a child can be charged with a crime to twelve years old in some of those thirty three jurisdictions actions where no minimum ages set their calls to set something until then though school police officers may have to lean on something much less complicated than legislative action should when faced with a prepubescent troublemaker a deep breath. Maybe a countdown from ten and a little common sense.

Florida Marsha Levick Juvenile Law Orlando Shows Police School Columbine High School Orlando Police Department Orlando Officer America Columbine Douglas High School Chief Legal Officer District Of Columbia Orlando Sentinel United States Lisa Officer Marjory Stoneman Columbia
"marsha levick" Discussed on KCRW

KCRW

06:49 min | 1 year ago

"marsha levick" Discussed on KCRW

"Just ahead. We'll look at the case of sin Toya Brown. And why the Tennessee supreme court ruled last week that she's an eligible for release for at least fifty one years. Even though she was convicted when she was just sixteen Brown's case may seem extreme. But our next guest says teenagers in the United States are often tried as adults and fortunately in the United States, and every state there is a mechanism in which a young person under the age of eighteen could be prosecuted and sentenced as an adult. There are a number of states in which legislators specifically say that youth who are certain age and who have committed a certain offense are automatically excluded from juvenile court. Meaning they can't go to juvenile court. I they have to go to court morons in Toyo Brown coming up on the takeaway. KCRW with this Tuesday road report. There is a traffic jam in these past two separate crashes have just been moved to the right shoulder on the four or five southbound before sunset, but the damage is done. The lead the brakes on the one on one you'll hit stop before. Mulholland? Forty eight cases them KCRW sponsors include prime video presenting the marvelous MRs Mazel now nominated for three Golden Globes, including best television series, musical or comedy. The full season is available at Amazon dot com slash Mazel. Hi, I'm Francie Sanderson today on DNA this chace show is new bullring musical about the pop diva Cher and her longtime collaborator the costume designer Bob Mackie. I look at Bob as the sort of Raja of rhinestones, the Sultan. I would say of swarovski he really took that old Hollywood variety show or Vegas act, costume and contemporary seventies. That's today at two why top to play here on KCRW. It's the takeaway, I'm tansy Nevada. How does the teenage trafficking victim end up facing more than five decades behind bars? That's the story of sin Toya Brown who's fifty one year sentence. Reignited the debate over the treatment of young women of color in our criminal Justice system. Brown was just sixteen when she shot and killed a forty three year old man who solicited her for sex. She was tried as an adult in Tennessee convicted of murder and sentenced to life behind bars in two thousand and six her legal team challenged that sentences unconstitutional pointing to a twenty twelve supreme court ruling that protects most juvenile's from life sentences without parole, but last week at Tennessee supreme court ruled that Brown won't be eligible for release until she served. Fifty one years. I spoke about Brown's case with Marsha Levick. The chief legal officer at juvenile Law Center, and Jerry Thomas the policy director with the campaign for youth Justice, it is deeply upsetting that it wasn't recognized that she. She was a teenager. She was underage and being solicited for sex, my organization, along with a number of organization truly believe there's no such thing as as a teenage prostitute. This is a this is a a young girl who should not have been solicited in this way. I do believe that she felt it was self defense. If you listen to her her describing the situation, she was she was in fear for her life. She believed that the man had will she knew that he had many guns that he was a sharp shooter in the military, and she believed that he was going to harm her that night. But unfortunately, that belief wasn't really taken into consideration. I feel to the extent that it, and it should have been Marsha. I want to bring you in here, you could give us a sense of the supreme court decision that could provide a backdrop here, and how Brown's legal team has been using that to argue for her release unsuccessfully. Sure. The United States Supreme court in a series of decisions that began in two thousand five and then continued through two thousand sixteen essentially addressed sentencing for children who are being prosecuted and sentenced any adult criminal Justice system and relying on our eighth amendments ban on cruel and unusual punishment. The supreme court not only ban the death penalty, but also banned life without parole sentences for children convicted of homicide in particular mandatory life sentences, and what has happened in the wake of those decisions is that we have seen a kind of I think toying with the decisions mandate in the sense that while courts are not in fact imposing life without parole sentences on many children across the country convicted of homicide, they are imposing virtual life sentences on those individuals, and by that, of course, it's exactly what we see sin Toya's case to impose if. Thirty year sentence on someone a forty year sentence or even higher sixty seventy year sentences on young people as they go into prison. We are dooming them if not necessarily to die in prison. We are creating a scenario where they will likely come out of prison on a stretcher or they will come out of prison with very little quality life experience left for them. Also wanna bring up the issue that I think is is quite obvious in this conversation which is race and gender sin. Toya was a sixteen year old woman of color, and we know from federal data that women girls of color are disciplined more harshly in school. For example. I'm wondering if either of you could give me a sense of how race plays into her case specifically, and the reason why I'm asking this is because I think about more recent rape cases, for example. Jeffrey Epstein, I think about Brock Turner. I think about Jacob Anderson. These are all white men who while. Are not being convicted of murder their sentencing for you know, sex crimes has been quite light to nil. So how does race play into this? It's it's impossible to have any conversation about our Justice system in this country without confronting race and racism, and the the system is largely populated by men and women young women and young men of color, whether they are black or Brown, and that that legacy the legacy of racism slavery, white supremacy in this country has created a system that has.

Toya Brown Tennessee supreme court United States Supreme court Toyo Brown United States Bob Mackie Brown murder KCRW Amazon Tennessee Jeffrey Epstein Jacob Anderson juvenile Law Center Francie Sanderson MRs Mazel tansy Nevada Hollywood Mulholland rape
"marsha levick" Discussed on The Takeaway

The Takeaway

10:31 min | 1 year ago

"marsha levick" Discussed on The Takeaway

"How does a teenage trafficking victim end up facing more than five decades behind bars. That's the story of sin Toya Brown who's fifty one year sentence. Reignited the debate over the treatment of young women of color in our criminal Justice system. Brown was just sixteen when she shot and killed a forty three year old man who solicited her for sex. She was tried as an adult and Tennessee convicted of murder and sentenced to life behind bars in two thousand six her legal team challenge that sentences unconstitutional pointing to a twenty twelve supreme court ruling that protects most juvenile's from life sentences without parole, but last week Tennessee supreme court ruled that Brown won't be eligible for release until she served. Fifty one years. I spoke about Brown's case with Marsha Levick. The chief legal officer at juvenile Law Center, and Jerry Thomas the policy director with the campaign for youth Justice, it is deeply upsetting that it wasn't recognized that she was she was a teenager. She. Was underage and being solicited for sex, my organization, along with a number of organization truly believe there's no such thing as as a teenage prostitute. This is this is a young girl who should not have been solicited in this way. I do believe that she felt it was self defense. If you listen to her her describing the situation, she was she was in fear for her life. She believed that the man had. Well, she knew that he had many guns that he was a sharp shooter in the military and she believes that he was going to harm her that night. But unfortunately, that belief wasn't really taken into consideration. I feel to the extent that it that it should have been Marsha. I wanna bring you in here, you could give us a sense of the supreme court decision that could provide a backdrop here, and how Brown's legal team has been using that to argue for her release unsuccessfully. Sure the. State's supreme court in a series of decisions that began in two thousand five and then continue through two thousand sixteen essentially addressed sentencing for children who are being prosecuted and sentenced any adult criminal Justice system and relying on our eighth amendment span on cruel and unusual punishment. The supreme court not only ban the death penalty, but also banned life without parole sentences for children convicted of homicide in particular mandatory life sentences, and what has happened in the wake of those decisions is that we have seen a kind of I think toying with the decisions mandate in the sense that while courts are not in fact imposing life without parole sentences on many children across the country convicted of homicide, they are imposing virtual life sentences on those individuals, and by that, of course, it's exactly what we see sin Toya's case to impose a fifty year sentence on someone a forty. Year sentence or even higher sixty seventy year sentences on young people as they go into prison. We are dooming them if not necessarily to die in prison. We are creating a scenario where they will likely come out of prison on a stretcher or they will come out of prison with very little quality life experience left for them. Also want to bring up the issue that I think is is quite obvious in this conversation which is race and gender sin. Toya was a sixteen year old woman of color, and we know from federal data that women a girls of color are disciplined more harshly in school. For example. I'm wondering if either of you could give me a sense of how race plays into her case specifically, and the reason why I'm asking this is because I think about more recent rape cases, for example. Jeffrey Epstein, I think about Brock Turner. I think about Jacob Anderson. These are all white men who while are not being convicted of murder. Their sentencing for, you know, sex crimes has been quite light to nil. So how does race play into this? It's it's impossible to have any conversation about our Justice system in this country without confronting race and racism, and the the system is largely populated by men and women young women and young men of color, whether they are black or Brown, and that that legacy the legacy of racism slavery, white supremacy in this country has created a system that has I think frankly, become untenable on a constitutional democracy to tolerate the the degree to which we have ravaged. I think communities of color in this country. He her situation is compounded by her gender in the sense that I think the Justice system has always been paternalistic in the sense that we are frankly, less tolerant of behavior that girls and women engage in. Because we imagined that they should be better than that. Which is kind of twisted analysis that results often in less tolerance and greater punishment for conduct to engage in jury any any thoughts on that the racial disparities. Yes. So I would add again, what you when you mentioned that, you know, historically, there has this issue of black and Brown youth being disproportionately impacted by the system. That's absolutely what we see in the data. So in two thousand sixteen black youth were about fourteen percent of the population. But fifty one point nine percent of the youth who are transferred by juvenile court judges in our country. And so we see we see the disproportionality in the number of young people being transferred to the dot system. We also see it in the types of sentences that the young people receive. So according to the campaign for the pair sentencing of youth. They have a new report, and which they find that seventy two percent of the children. Sentenced to life without parole sentences since the Miller decision by the supreme court have been black children. So Marsha was absolutely correct. There isn't really a way to disentangle the the issue of black and Brown children being disproportionately negatively impacted by the adult criminal Justice system. Marcia does sin Toya have any legal recourse at this point? And more broadly. Are there other changes that our legal system needs to make to improve? So that we don't see Morrison Toya Brown's happening. With respect to her legal options right now, they're is a clemency petition that has been presented to the governor of Tennessee. And there has been quite a bit of public support that has been expressed through social media helping that that clemency petition will be favorably reviewed. I think that what her case represents to me when I think about both their own personal circumstances and other sin Toya's out. There is that we need a new punishment paradigm in this country, and we need a new paradigm for how we deal with offending by by young men and women and boys and girls, I think that the the notion that we have so little regard for the humanity for the the character the potential for growth and development of these young people that we are willing to lock them away in prison. For decades is not only inhumane, I think within our own principles and values. That I think we aspire to in our constitutional democracy. It is completely out of step with our international partners and peer countries around the world. There is no other country in the world that places children in prison for their lives. Condemned to die in prison. There are frankly few other countries in the world to that try children as adults in the way that we do seventy five thousand is a number that is down from two hundred thousand in the nineteen nineties, but it is a shocking number again to our international colleagues that we would place that many children into the adult criminal Justice system. And I think what's important is that to the sense that we imagine our Justice system is about both holding individuals accountable and promoting public safety. These are two legitimate goals of any Justice system. The the sentence imposed on Sinn Toya what she is confronting facing right now. Absent intervention is one that serves neither of those purposes. She is not a risk. She's no longer risk that time to protect the public through her incarceration has long since passed, and she's been held accountable. She's she's surely been held accountable having spent the number of years in prison that she has already spent there, and what what we hope and I think Torri and I working in this field. We are constantly confronted. Unfortunately with stories like in toys, and we are ever hopeful that that this will be the one this will be the one that will make us reevaluate that will make us sit up and say, no this can't be. But again, that's my hope here that the the specter of a sixteen year old girl facing fifty one years in prison of for a crime that was conducted in in the face of sex trafficking and a self defense situation. And even without those particular mitigating circumstances, we cannot allow our young people to face these kinds of. Sentences in this country. Marsha Levick is chief legal officer at juvenile Law Center. Thank you, Marcia. Thank you and to retire as policy director with the campaign for youth Justice. Thank you, Jerry. Thank you. 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