Abolish New York City's Youth Punishment Systems

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P O L I T I C A L E D U C A T I O N G U I D E B Y T H E P E E R D E F E N S E P R O J E C T E D I T E D B Y A N N A M I L L I K E N & K A I L Y N G A I N E S
Y O
Y O U
A B O L I S H N E W
R K ' S
T H P U N I S H M E N T & C A R C E R A L S Y S T E M S

Radical Gratitude Spell

a spell to cast upon meeting a stranger, comrade or friend working for social and/or environmental justice and liberation: you are a miracle walking i greet you with wonder in a world which seeks to own your joy and your imagination you have chosen to be free, every day, as a practice. i can never know the struggles you went through to get here, but i know you have swum upstream and at times it has been lonely

i want you to know i honor the choices you made in solitude and i honor the work you have done to belong i honor your commitment to that which is larger than yourself and your journey to love the particular container of life that is you you are enough your work is enough you are needed your work is sacred you are here and i am grateful

T A B L E O F C O N T E N T S

1 3 5

7

LANGUAGE: Don't You Mean Juvenile Justice?

ROADMAPS: How Does the System Work?

PEOPLE FIRST: How Does the System Harm People?

2 4 6

KNOW YOUR

RIGHTS: What Can I Do?

8

HISTORY: How

Long Has New York

Criminalized

Children?

LOCATION,

LOCATION,

LOCATION:

Where Are Youth Incarcerated?

ABOLITION?:

Tinker with It? Or

Tear It Down?

PDP: What Is the

Peer Defense

Project?

Content Warnings: this guide contains descriptions and / or personal accounts of enslavement, colonization, forced family separation, state-sanctioned violence and murder, incarceration, gender-based and sexual abuse, racism, xenophobia, and transphobia.

S U M M A R Y : W H A T ' S I N S I D E T H E G U I D E ?
* L E G A L D I S C L A I M E R * S O U R C E S

DISCLAIMER: CONSULT A LAWYER.

This is a political education guide to help you build an understanding of New York's youth carceral system. The information provided in this guide does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this guide are for general informational purposes only. These tools will not be received the same way by everyone, and because of that you SHOULD consult with a lawyer to help you navigate the legal system and protect your rights.

KEEP IN MIND. Information in this guide may not constitute the most up-to-date legal or other information. This guide contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the Peer Defense Project and its members do not recommend or endorse the contents of the third-party sites. Readers of this guide should contact their attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this guide should act or refrain from acting on the basis of information in this guide without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this guide or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, contributing law firms, or committee members and their respective employers. The views expressed at, or through, this guide are those of the individual authors writing in their individual capacities only – not those of PDP's legal advisors, or the member base as a whole. All liability with respect to actions taken or not taken based on the contents of this guide are hereby expressly disclaimed. The content on this posting is provided " as is;" no representations are made that the content is error-free.

"Seventeen-year-old Trayvon Martin' s 2012 murder and the 2013 acquittal of his killer triggered the #BlackLivesMatter movement. In the evolution of calls for racial justice in the wake of the murder of George Floyd, it is essential that the focus not be unduly narrowed to police as the sole source of harm, to men as the only victims, or to adults as the only targets. The Black Lives Matter movement reminds us that the threat to Black lives is not limited to police, but rather is connected to private citizens as well; it is not limited to the criminal justice system, but to the webs of systems implicated by systemic racism; and is not limited to adult men, but also includes women and girls, children and youth, even toddlers and babies. "

Black Lives Matter: Trayvon Martin, The Abolition of Juvenile Justice and #BlackYouthMatter (2020)

AUTHORS' NOTE

Abolish New York's Youth Punishment & Carceral Systems is a special project of the 2022 Peer Defense Project. The guide was drafted by Kailyn Gaines and Anna Milliken, and edited by Obrian Rosario, Aneth Naranjo, Maryam

Salmanova, Sydney Bryant, Sarah Medina Camascoli, and the Student Representation Project (SRP).

We acknowledge the inspiration from the many organizations who created the valuable guides and research tools cited throughout this guide. We thank our inaugural Peer Defender Fellows, Madison Perez, Yaneysi Cabral, and Shaliyah Johnson as well as the Judith S. Kaye School and CUNY School of Labor and Urban Studies for their contributions. We thank our legal advisory board and our fiscal sponsor, IntegrateNYC, for their guidance and support.

We honor the radical abolitionists, movement lawyers, and intergenerational organizers who came before us and continue to inspire our communities today.

It's time we Open Up the Cages!

LET THIS GUIDE ENRAGE YOU.

Let's take down New York's youth punishment and carceral systems together! This guide will describe how New York policies criminalize, punish, and surveil young people. We're going deep: we'll look at the history of the system, its mechanics, its impacts, and recent reforms. We'll lay out an approach to give you the tools to build an understanding of abolition. And then we'll leave it to you; to organize, fight, dream, and fly.

LET THIS GUIDE INSPIRE YOU.

WHY NOW?

Isn't the youth carceral system in New York the best it's ever been?

Across the country, the rate of youth incarceration has dropped 50-60% since 2000. One third of all youth detention facilities have been closed.

The drop has been even more dramatic in New York: In 2004, there were about 2300 youth incarcerated -- today, there are about 280. Between 2007 and 2010, a dozen juvenile detention centers were closed.

AND HAVEN'T OTHER REFORMS CREATED BETTER TREATMENT IN NEW YORK?

Recent legislation has passed to:

Keep incarcerated children closer to their neighborhoods, in smaller facilities. Ban solitary confinement for 16 and 17 year olds. Stop sending teenagers under the age of 18 to Rikers Island, New York City's adult jail.

Raise the Age of criminal responsibility from 16 to 18.

So, if things are looking up, what's the need for this guide?

PROGRESS SUCCESS

New York has indeed made progress.

But it's also true that New York's youth carceral system continues to harm young people:

New York over-polices young people, especially those of color, in their neighborhoods, schools, and even their homes.

Carceral systems control children instead of providing resources, services, and support.

The youth punishment system disrupts children's development, making it harder for them to attain self-fulfillment.

This is too much harm.

PROGRESS JUSTIFIED his

It also doesn't work.

The decrease in youth incarceration had zero effect on the rates of youth crime.

Most youth do not chronically offend, do not commit serious offenses, and develop self-control on their own as they mature.

WE DREAM OF A DIFFERENT NEW YORK.

One where kids can be kids.

Where Black and Brown students can be supported to learn and grow in the same way as white students.

Where we strive to keep families together, and give them the supports and resources to do so.

D O N ' T Y O U M E A N J U V E N I L E

J U S T I C E ?

Excerpt from Carceral, Undone

Hymnbook, carceral

Sermon, carceral

Curses, carceral

Antidotes, carceral

Mercenary, carceral

Preacher, carceral

Meridian, carceral

Corinthians, carceral

Leviathan, carceral

Arteriosclerosis, carceral

Scars on your lungs, carceral

Breathless, carceral

Silk press, carceral

Syrup over eggs, carceral

Soy and yoga, carceral

Listening too hard, carceral

March on, carceral

Smoking dope, carceral

Smoking tobacco, carceral

Surgeon General, carceral

A singer named Marion, carceral

A mayor pitching candles, carceral

Elton, carceral

Tinder, carceral

Any casual pleasure, carceral

Starving, carceral

Any Black leisure, carceral

Dave Chappelle before muscles, carceral

Read the whole Poem at the Poetry Foundation

T H E P O W E R O F W O R D S

"In order to shape a new vision of a better future, every social change movement discovers the need to create its own language and definitions. Language is related to power. The world is differently experienced, visualized, and described by the powerful and the powerless. Thus, the vocabulary coined by those who design and control the prisons is "dishonest." Dishonest because it is based on a series of false assumptions. In creating a new system, we need to consciously abandon the jargon that camouflages the reality of caging and develop honest language as we build our movement."

Instead of Prisons: A Prison Abolitionist's Handbook

W H Y W E D O N ' T S A Y " J U V E N I L E J U S T I C E "

Many movements no longer say "criminal justice" because a system of policing, caging, and surveillance that is rooted in slavery and disproportionately targets people of color cannot provide us "justice."

We do not use "juvenile justice."

To us, the word "juvenile" sounds cold and technical. It covers the fact that the system punishes children.

Why do these people use such weird words to talk about my friends?

"Abolish", simply put, means to take down or destroy. Many abolitionists emphasize building new solutions in their definitions as well.

"Youth" highlights the system that impacts young people who learn, grow, and change.

We use "punishment system" to include all institutions and practices rooted in retribution.

We use "carceral system" to describe young people's caging, policing, and surveillance.

What other language needs to change in your life?

W H Y W E S A Y " A B O L I S H Y O U T H P U N I S H M E N T & C A R C E R A L S Y S T E M S "

L E T ' S R E V I E W

W h a t i s a s h o w , a b o o k , a t e x t , o r a p o s t y o u ' v e s e e n t h a t u s e s c o l d , t e c h n i c a l l a n g u a g e l i k e " j u v e n i l e j u s t i c e " ?

H o w d o y o u n g p e o p l e i n N Y C a n d t h e w o r l d t o d a y d i s c u s s y o u t h p u n i s h m e n t a n d c a r c e r a l s y s t e m s ?

H o w h a v e y o u o r y o u r

c o m m u n i t y t a l k a b o u t y o u t h p u n i s h m e n t a n d / o r

c a r c e r a l s y s t e m s ?

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A M U L T I - M E D I A R E P R E S E N T A T I O N M A R Y H O O K S " W H A T I S T H E P R I S O N I N D U S T R I A L C O M P L E X ? " ( 1 M I N )
P U N I S H M E N T A N D T H E C A R C
R A L S T A T E

O T H E R L A N G U A G E

S t a t e ' s W o r d s S t a t e ' s D e f i n i t i o n

C r i m e /

O f f e n s e

A s s i s t a n t

C o r p o r a t i o n

C o u n s e l

P r e s e n t m e n t

A g e n c y

T h e r a p e u t i c

J u s t i c e ( o r

j u r i s p r u d e n c e )

A d j u d i c a t e

C o n d u c t f o r w h i c h a s e n t e n c e t o a t e r m o f i m p r i s o n m e n t o r t o a f i n e i s p r o v i d e d b y a n y l a w

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A g e n c y o r a u t h o r i t y r e s p o n s i b l e f o r p r e s e n t i n g a j u v e n i l e d e l i n q u e n c y p e t i t i o n

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W h e n a J u d g e h e a r s a n d d e c i d e s a c a s e

P l a c e m e n t

C o r r e c t i o n s

F a c i l i t i e s w h e r e y o u l i v e i f t h e j u d g e f i n d s y o u ' g u i l t y ' a n d t h i n k s y o u ' r e a d a n g e r t o t h e c o m m u n i t y .

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F i n d M o r e S t a t e D e f i n t i o n s o n N Y C o u r t s . g o v

HOW LONG HAS NEW YORK CRIMINALIZED CHILDREN?

After Abolition

Prisons and cops survive only in tales for the young like twin Atlantises or two drowned boogeymen.

A cop's as harmless a Halloween getup as any monster, while a prisoner costume's as taboo as a slave one now that schools teach what makes them kin.

A prison is the far-off past of a structure turned free housing, each cell wall knocked to sandcastle ruin, halls reshaped and re-dyed in green paints, former floor plans carved out like shores

into spacious homes, laundry and A/C a given in each.

Though prisons and cops won't be found anywhere, our youths still learn of them, and they know what they mean, how they look, how they function, what it will take to stop them if they return with new names.

Kyle Carrero Lopez, 2020

From the beginning of time, humans have conflicted with one another and caused harm. Certain behaviors were considered worse than others and a system of crime and punishment has developed throughout history to deal with them. Retribution and revenge, often in the form of physical harm or death, were valued forms of punishment. As societies began to take shape laws and rules governing crime and punishment began to arise.

1771 BCE: The Code of Hammurabi, famously known as the “ an eye for an eye ” code, included specific punishments based on the criminal's age, social class, and gender.

360 BCE: Philosophers

Plato and Aristotle influenced crime and punishment. Plato argued lack of education and poverty caused most crime. Aristotle wanted punishment to deter future crime.

C
R I M E & P U N I S H M E N T : O R I G I N S

R E S T O R A T I V E J U S T I C E : I N D I G E N O U S O R I G I N S

Restorative Justice, while recently gaining popularity in Europe and the U.S., has deep roots in Indigenous peacemaking and accountability. In opposition to the European responses of retribution and punishment, restorative justice seeks to recognize and heal from conflict and restore balance, to both the individuals affected and the community at large. In direct opposition to confinement, a primary goal of restorative justice is reintegration into the community.

Circle Sentencing, based on traditional indigenous peacemaking tactics of negotiation and consensus, seeks to heal the offender, the victim, and the community through several phases of restorative conversations.

Family clan councils, or family group conferencing, brings together the victim, offender, family, friends, co-workers, teachers, and spiritual leaders to take collective responsibility for the victim and the offender.

T H E P R I S O N : O R I G I N S & D E V E L O P M E N T S

Prisons were rarely used as more than holding spaces before a trial or corporal punishment until the eighteenth century. During the age of enlightenment, European philosophers and religious leaders began to call for the reform of the punishment system. Instead of resorting to the violent physical punishment, reformists called for the use of the prison as a structure to deal with crime. They thought that through isolation, the prisoner would have time to reflect and repent to God.

At the same time, these same "enlightened" countries were constructing prisons as holding cells along the African coast until boats arrived to traffic enslaved people across the ocean.

After the Thirteenth Amendment passed in 1865, outlawing enslavement in the U.S. except in the case of punishment for a crime, prisons and criminal work camps were built around the country to replace the work of enslaved people. Thus a new reason for prisons, criminalization, and police was born.

Video Alternative Text: How We Got Here: Prison Proliferation #NoKidsInPrison

1626

Dutch colonizers bring the first 11 enslaved African men to the recently-

occupied Lenape island of Manahatta (present-day Manhattan).

1646

The General Court of Massachusetts

Bay enacts The "Stubborn Child

Law", the earliest-known legislation about childhood misbehavior. It permits teenage boys who disobey

their parents to be put to death. Massachusetts eventually removed death as a penalty and added punishment for disobedient daughters, but the law was not repealed until 1973.

1664

The English capture present-day New

York City: 9% of the 8000 settlers are enslaved or free Africans.

1664-

1700

The British institutionalize and legalize the system of enslavement,

classifying enslaved Africans as

chattel that work involuntarily. They codified enslavement in several

ways, including banning marriage among enslaved people. Enslavers

could tear apart families without any legal repercussions.

Wire sculpture by Deryck Fraser, 2005. Not a single image of a Black New Yorker survives from before 1796. Courtesy of New-York Historical Society.

Video Alternative Text: The Hidden History of Wall Street's Slave Market

1711

A human-trafficking market was

established on Wall Street at the present-

day intersection of Wall and Water Streets

(then, a port). By this time, 20% of the

city's population is enslaved (with the

second-largest in the Thirteen Colonies).

The "market" will

continue to legally traffick Africans

and separate

families until 1762.

1741

An uprising of enslaved people, lasting

six months, burns down the seat of the

royal government, the walls of the

Governor’s residence at Fort George.

After the uprising, Manhattan’s

enslaved population peaks at 21% before

starting a slow decline.

EARLY 1800S

After the war, prominent white New Yorkers begin to push for gradual emancipation. In 1799, New York order children of enslaved mothers free. In 1809, marriage between enslaved men and women is legalized with separation of families prohibited. 1819

Congress enacts the Civilization

Fund Act (above, left) to send missionaries to build assimilation

schools in indigenous communities.

Children were forcibly separated

from their families and sent to culture-erasing institutions, sometimes far from home.

1824

The New York House of Refuge, the first juvenile detention center in the country, is founded at 23rd and Broadway. It is operated by the Society for the Reformation of Juvenile Delinquents, reformers who want to treat, rehabilitate, and educate criminalized

children rather than

incarcerate them in adult prisons. Many cities

follow NY's lead and

build their own houses of refuge.

18271841

By 1827, residents of New York

state can no longer legally enslave people, but non-residents are able

to enslave people for up to 9

months in NY until 1841.

1827CIVIL WAR

The city continues to profit enormously from enslavement, so much so that leading up to the Civil

War Mayor Fernando Wood

proposed secession rather than lose profits from the cotton trade with the South.

1851

The Children's Aid Society builds the New York Juvenile Asylum (left)

in present-day

Washington Heights to incarcerate children under the age of 12.

The infamous San Francisco

Industrial School for young boys

opens as a pseudo-prison. When it

closes in 1891, the government will

At the time of the 1860 census, 45% of enslaved people are 14 years old or younger. Approximately 1.8 million youth were enslaved. 1859

admit its failure.

New York State Legislature passes a bill

allowing guardians to report their

children as "disorderly" and send them willingly to the "House of Refuge."

Now, a child does not have to be convicted of a crime to be incarcerated.

13th Amendment Passed: Enslavement becomes illegal across the U.S. "except as a punishment for crime. "

The Society for the Prevention of Cruelty to Children forms to protect the rights of children and eventually, creates a separate children's court system in

1892. All cases involving the commitment or trial of children must be heard and determined by a court

devoted to juvenile cases.

1865 1874

The federal government funds, Carlisle Indian Industrial School, its first off-reservation boarding

school. The Carlisle "School"

attempts to assimilate native youth

to white culture. Children are

forced to do hard labor and many are physically and

sexually abused. One-

third of the children die while at Carlisle.

The U.S. government operated 60 schools

for over 6,200 native

children.

In NYC, the Children's Court becomes a division of the Domestic

Relations Court. It is the first youth criminal court in the country.

1922
1879

The New York Family Court Act

systematizes court proceedings for youth and replaces the Children's

Court system. The Act creates family

courts, which are intended to deal with all aspects of the breakdown of family life. Family court proceedings today continue to operate in much the

same way as structured by this Act.

U.S. Supreme Court decides the

case In re Gault, holding that youth

have a fundamental right to due

process in proceedings against

them. Youth must be given

adequate notice of the charges

against them, the right to counsel,

the ability to confront evidence and

cross-examine witnesses, and the

right against self-incrimination.

Still, youth are not entitled to bail,

to indictment by a grand jury, or to

a public trial or to trial by jury.

"In re," is latin for "in the matter of," and is used in legal cases where the parties are not necessarily adversarial, as opposed to "v." or "versus" (e.g. "Roe v. Wade")
1967 1962

70'S, 80'S, AND 90'S

The late 20th century brings major shift in the country's relationship with punishment and policing. The public

demands harsher penalties and

sanctions for crime. The government passes punitive laws

and policies, which primarily and

disproportionately criminalize

Black people. It launches the

War on Drugs, which

fundamentally changes policing

and sentencing. The nation's rate

of imprisonment leaps, beginning a period of mass incarceration.

The Juvenile Justice Reform Act is passed.

Up until this, youth courts determined only "the best interest" of the child when

considering the type of sanction to impose. This Act requires courts to also

consider the need to protect the

community. It creates a class of crimes

called "designated felonies, " which

cannot be diverted to probation and are punishable by a new type of sanction:

"restrictive placement. "

In two separate attempted robberies gone wrong, 15-year-old, Willie Bosket,

shoots and kills two strangers on the subway. Public outrage erupts when he is sentenced to only five years in juvenile detention, due to his youth. Little media

attention is given to the child's traumatic

childhood, history of sexual assault, or to

his years in violent New York detention and supervision facilities.

1978 1976

In response to the Bosket sentencing, New York legislature convenes an emergency session to pass the Juvenile

Offender Act. Under this act, children as young as 13 can be tried as adults for murder and those as young as 14 can be tried for other felonies. It allows judges to impose harsher penalties for this new category of "juvenile offenders" than those permitted in family court. The JO Act has been characterized as "the most punitive delinquency law in the nation." Over the next two decades, nearly every other state creates a similar law.

1978

The Exonerated Five: a group of 14-

and 15-year-old black and Latino youth

are arrested and sent to prison for the

brutal attack and rape of a woman who was jogging in Central Park. This case had a profound effect on public attitudes about youth and crime, and led to the increased criminalization of youth of color. All five boys were later found to be innocent.

Just like with the Bosket case, the

Exonerated Five are harrassed endlessly by media and police. Donald

Trump takes out full-page ads in 4 New

York newspapers with the headline, "Bring Back The Death Penalty. Bring Back Our Police!" After exoneration, it is revealed that every confession was coerced during long interrogations by NYPD.

1989
Video Alternative Text: How We Got Here: Stories Matter #NoKidsInPrison

The Violent Crime Control and Law

Enforcement Act (AKA the 1994 Crime Bill) passes with the support of several popular democrats, including then-Senator Joe Biden. It is the largest crime bill in U.S. history: It will fund new state prison construction (including those for youth) and the hiring of 100,000 new police officers. It increased mandatory minimums and applied the death penalty to 60 new crimes.

A popular academic publishes "The Coming of the Super-Predators," which categorizes a small percentage of young boys as "superpredators" with a "moral poverty" who "place zero value on the lives of their victims." The "superpredator" myth strips humanity from Black and Latinx children in media, legislation, and courts. A 2020 Marshall Project study found nearly 300 uses of “superpredator” in 40 leading newspapers and magazines from 1995 to 2000, with less than 40% of articles criticizing the term.

1994
1995

LATE 90'S00'S 2006

Following national and local legislation, youth detention rates

increase significantly. Roughly

3,800 New York youth are sent to large prisons far from their families each year. By 2000, Youth incarceration peaks nationwide, with more than 108,000 children locked up across the country.

A 15-year-old boy, Darryl Thompson, dies in state custody while being

physically restrained by two guards at

the Tryon Boys Residential Center in

Johnstown, New York. His death

sparks outcries from families, young

people, and activists in New York.

The same year, the

ACLU & Human

Rights Watch

publish a report which details abuse

and neglect at New

York's high security

prisons for girls.

2009

National and local

shift toward reform

and "Therapeutic Justice. "

US Department of Justice publishes an investigation report, finding that four

New York juvenile detention sites violate constitutional standards in

the areas of protection from harm and mental health care.

Governor David Paterson's Task

Force on Transforming Juvenile Justice reports New York's

"punitive, correctional approach has damaged the future prospects of these young people, wasted

millions of tax dollars and violated the fundamental principles of positive youth development." The Task Force makes a series of recommendations to shift to a

more supportive and therapeutic

model of juvenile justice.

The New York City Department of Juvenile Justice is taken over by the New York City Administration for

Children's Services (ACS).

The goal of this merger is to increase the use of alternatives to incarceration.

Under ACS Commissioner, Gladys

Carrión, New York closes down over a dozen juvenile detention centers by 2011.

2010

Even as reforms take place in parts of the city, mass policing and surveillance grows. Under Mayor Bloomberg, discriminatory police

stops and street interrogations (AKA stop & frisk) reach their peak. More than 685,000 people are stopped & frisked in 2011. 87% of people stopped are Black or Latinx. More than half of the people stopped are youth between the ages of 14 and 24.

2011

2012

Close to Home legislation replaces many of the large youth detention centers with small residential programs, where youth receive therapeutic services. Under this legislation, judges should send children to group homes closer to their families and communities.

2017 2018 & 2019

Raise the Age legislation passes after years of stakeholder campaigning. New York raises the age of criminal responsibility to 18. Before this, New York was one of the only two states in the country that

automatically

prosecuted 16 and 17 year olds as adults.

Raise the Age also creates "Youth

Parts" of criminal court to process 16 and 17-year-olds. It also creates the Adolescent Diversion Program as an opportunity to resolve cases without conviction and sentencing.

Raise the Age is implemented in parts. In October 2018, it takes effect for 16-year-olds. In October 2019, it

takes effect for 17-year-olds.

Video Alternative: Raise the Age NY What's in the Law and What's Next

NYPD make more than 34,000

arrests of children annually.

There are police officers in every

single public school in New York

City. Youth, especially Black and

brown youth, are caught

and criminalized in a harmful system.

New York legislature passes a bill

that will raise the minimum age

for juvenile delinquency from 7 to

12. The bill makes 13 the minimum

age for incarceration. Children ages 7-11 will no longer be

arrested. The bill creates

alternative supports for children 7-11 and some for 12-year-olds. It is

still unclear what these supports

will look like and if they will be

compulsory and/or punitive.

2020
2021
Video Alternative Text: How We Got Here: Community Led Abolition Wins

L E T ' S R E V I E W

H o w d o y o u s e e t h i s

h i s t o r y p r e s e n t i n o u r

l i v e s t o d a y ?

W h a t s y s t e m s a n d

f a c t o r s c o n t r o l y o u

a n d y o u r c o m m u n i t y ?

W h a t m u s t c h a n g e o r

s h i f t f o r y o u a n d y o u r

c o m m u n i t y t o b e t r u l y

f r e e ?

L E T ' S R E V I E W : M E D I A

T h i n k a b o u t w h a t w e l e a r n e d a b o u t t h e

E x o n e r a t e d F i v e a n d W i l l i e B o s k e t .

H o w i s c r i m e p o r t r a y e d i n y o u r l o c a l n e w s ( h o w e v e r y o u

g e t t h a t n e w s : s o c i a l m e d i a , w o r d - o f - m o u t h , t e a c h e r s ) ?

W h i c h c r i m e s r e c e i v e a t t e n t i o n ? W h a t i s t h e r a c e a n d c l a s s o f t h o s e w h o a r e p o r t r a y e d a s r e s p o n s i b l e ?

D o e s t h e m e d i a a s s i s t

y o u i n u n d e r s t a n d i n g

c r i m e ? I f y e s , h o w ? I f

n o , w h y n o t ?

W H A T N E X T ?

Whowill you Whowill you What What What will you will you will you FIGHT for? for? for? 2030
2022 2080 ... ...
dreamwith? dreamwith?

H O W D O E S T H E

S Y S T E M

W O R K ?

Think, Think

Think about the air invisible as it uncurls a wave of toxins. Think about how its fingertips trace the skin as a baton falls on the flesh merely seconds later. Think about how heavy metals brown the water and we are told to drink. Think about how many of us wonder when the roofs over our heads will be tongues evicted from the languages of home. Think about how every person needs a doctor, but everyone doesn't get one. Think about how savings mean nothing to the crazy fine print circumscribed like obsolete glyphs. Think how law books fall open and hopscotch for anyone who keeps writing checks. Think, think, think like Aretha Franklin belting what you tryna do to me? Think how the law keeps shuffling the numbers to fit some constant where acknowledging who is human is posited in some philosophy or some mathematical equation that pretends that logic is its function, when blood needs to find something superior, something that denies how human is defined by a much wider net cast by some divine fisherman, or perhaps an African goddess in a gown laced with sea foam, but place markers for faith are constantly moved toward a crucifix. A human can find more than one path, I hope. Think about how, every day, someone is hoping for some simple thing like fresh bread lightly toasted, the ability to walk without pain, a chance to shower, a moment free of fist and jeer, a moment singing victorious as if we could level the wrongs and leave the world upright, like a gospel-drenched woman singing freedom, freedom after forgiveness, after you change your mind, ' cause you need to think (and act) to be free.

Tara Betts, 2020

We now know how the creators of prison systems described their function. Now we will see how abolitionists describe prisons as they exist today.

Functions of Prisons according to Davis

Facilitate economic exploitation

Facilitate racial subjugation

Repression of political resistance

Conceal intractable social problems

Abolitionist organizing group, Critical Resistance uses the term, prison industrial complex (PIC), to describe "the overlapping interests of government and industry" which use "surveillance, policing, and imprisonment as solutions to economic, social and political problems."

F U N C T I O N O F P R I S O N
A N G E L A D A V I S : A R E P R I S O N S O B S O L E T E
C R I T I C A L R E S I S T A N C E

O V E R V I E W : Y O U T H C O U R T S Y S T E M

When a young person gets arrested in New York, they enter a complicated system with several options depending on age, alleged offense, and past courtinvolvement. This section will use the language of the state, instead of our own, so that it can be a guide for young people moving through the system.

1.

2.

Juvenile Delinquents: Family Court

Juvenile Offender: Youth Part - Criminal Court

3. No Bail Allowed. No Rikers, No Detention or Placement with Adults

Adolescent Offender: Youth Part - Criminal Court

Criminal Court for all alleged criminal offenses

Family Court for civil proceedings

Certain diversion opportunities available for young adults (18-25)

No bail or prison restrictions

R A I S E T H E A G E : Y O U T H 7 - 1 7
Y O U N G A D U L T S : Y O U T H 1 8 - 2 5

W H Y D O E S T H E C O U R T M A T T E R ?

Family Court and Criminal Court have different procedures, protections, and goals. Generally, Family Court is more lenient and Criminal Court is more punitive, but each causes particular harms.

Family Court Youth Part of Criminal Court

Civil court, conducting quasicriminal proceedings Criminal court

Therapeutic model: Judge and probation are thought to know what's best for the child and have greater discretion in ruling.

Adjudication of case recognizes that respondent is a child.

Child has only some constitutional protections.

To order a disposition, judge must find child 'guilty' and in need of treatment, supervision or rehabilitation.

Proceedings are closed to protect the privacy of the child.

Cases and supervision might last much longer; many months or a few years.

Traditional court model; judge has usual discretion over trial or other court proceedings and in sentencing.

Child is prosecuted as an adult.

Child has protections afforded by the Constitution and by the rules of criminal procedure.

To sentence, judge must find that the child is guilty.

Proceedings are open to the public.

Duration of cases and supervision is shorter thought placement can be for longer.

R A I S E T H E A G E :

Before RTA reform, New York automatically prosecuted all 16- and 17-year-olds as adults. Only one other state, North Carolina, did the same.

October 2019: Raise the Age (RTA) legislation went fully into effect and the age of criminal responsibility is raised to 18.

Raise the Age allowed for 16- and 17-year-olds to apply for their records to be sealed. It also prevents children under the age of 18 from being held at the adult jail on Rikers Island, where young people were placed at special risk of violence and abuse.

Raise the Age NY: What's in the Law and What's Next

R A I S E T H E A G E : T O O

G O O D T O B E T R U E ?

Raise the Age only guarantees that those under 18 who are charged with misdemeanors will not be prosecuted as adults. All felony cases start in criminal court. Nonviolent cases are presumptively removed to family court, but the District Attorney can file a motion to prevent removal. Violent felonies must pass a three-part test in order to qualify for removal.

R A I S E T H E A G E F L O W C H A R T

The diagram below shows how 16 and 17 year olds are now treated in the New York carceral system.

Case automatically goes to Family Court if DA does not file motion to try to retain the case in Criminal Court within 30 days.

Evaluated as part of a three-part test. If offense involves any one of the following, the case will remain in youth part:

If the DA files a motion in 30 days to prevent removal and shows extraordinary circumstances that warrant the case remaining in the criminal Youth Part. Passes

Judge Rules:

No Extraordinary Circumstances

(1) Significant Physical Injury

(2) Display of a Weapon

(3) Sex Offenses Fails

DA can consents to send failing case.

Extraordinary Circumstances

Misdemeanors Non-violent Felonies
Family Court Youth Part of Criminal Court
Violent Felonies

What happens when a young person (ages 7-17) is arrested for an offense that would be a misdemeanor or a felony, if they were an adult?

Release youth to parent/guardian

Question youth at judicially approved location or at youth's residence with consent of parent/ guardian

Bring youth to an ACS detention for intake, if Court is closed. Youth may be interviewed by probation and released to guardians or remain in detention and be transported to court the next day it is in session

Release youth to parent/guardian with a Family Court Appearance Ticket

Bring youth directly to Family Court, if in session, or to Youth Part of Criminal Court in certain cases (see Raise the Age).

A F T E R A R R E S T , T H E P O L I C E M A Y :
U N D E R L A W , " E V E R Y R E A S O N A B L E E F F O R T " M U S T B E M A D E T O C O N T A C T T H E Y O U T H ' S P A R E N T O R G U A R D I A N .

The state designates youth as one of three statuses depending on the type of alleged offense and their age.

Aged 7-12 and charged with any offense

Aged 13-15 and charged with a misdemeanor or a non-violent felony

Aged 16-17 and charged with a misdemeanor

Under New York law, Juvenile Delinquents are not held criminally responsible for their actions by reason of "infancy."

Their cases can be thought of as civil proceedings, but certain elements of criminal procedure apply.

A u t o m a t i c a l l y C l a s s i f i e d a s a j u v e n i l e D e l i n q u e n t i f . . . J U V E N I L E D E L I N Q U E N T F A M I L Y C O U R T
1 . J U V E N I L E D E L I N Q U E N T Y o u t h c a n a l s o b e R e - C l a s s i f i e d a s a J u v e n i l e D e l i n q u e n t a n d t h e i r c a s e c a n b e t r a n s f e r r e d t o f a m i l y c o u r t ( S e e R a i s e t h e A g e ) .

C A S E P A T H : F A M I L Y C O U R T

A r r e s t > C l a s s i

> p o l i c e d e t a i n , r e l e a s e , o r

y o u t h t o F a m i l y c o u r t >

Every delinquency case starts in Youth Probation Services. The probation department will interview the young person, their family, the arresting police officer and the victim and make the initial decision about how to handle the case.

Probation can resolve cases without referring them to the state. Under adjustment, probation will monitor the child for up to 60 days.

During this period, the probation officer can impose rules or restrictions that the young person must follow in order for the case to be dismissed. Probation officers have total discretion over these conditions; they might require the child to make certain grades, to get a job, to take random drug tests, or to report in regularly.

Y O U T H P R O B A T I O N S E R V I C E S
a t i o n a s J
b
n g
f i c
D
r i
A D J U S T M E N T

There is no prosecutor for delinquency cases in family court; instead, there is a presentment agency. This is the entity that decides whether or not to pursue a case that probation was unable to resolve through adjustment.

After referral, the presentment agency decides whether to initiate court proceedings.

D I V E R S I O N

Diversion offers an alternative means to resolving cases outside of the family court system.

Diversion programs are usually administered by private companies or by nonprofits. These entities will develop program rules and treatment plans and also supervise the youth assigned to its program.. If the program is completed successfully, the case is resolved. If the program is not completed, the presentment agency may file a petition.

P E T I T I O N

When the presentment agency files a petition, it initiates family court proceedings against the child.

R E F E R R A L T O T H E P R E S E N T M E N T A G E N C Y
I f A d j u s t m e n t I s D e e m e d U n s u c c e s s f u l >
F I L I N G A

The family court will conduct a fact-finding hearing. At this hearing, the judge will determine if there is evidence sufficient to demonstrate that the child committed the offenses alleged in the petition beyond a reasonable doubt. The child has a constitutional right to a lawyer at this hearing.

If the judge finds that the youth committed the offenses beyond a reasonable doubt, the case will move to the disposition stage.

At this stage, the judge considers whether the young person is in need of supervision, treatment or confinement.

The judge reviews an Investigation & Report prepared by probation services. This report includes information about the youth's family situation, legal history, school history, their score on a risk assessment and other information about their behavior. The judge may order a mental health evaluation. Witnesses may testify at this stage.

If the judge finds that the youth is in need of supervision, treatment, or confinement, they will adjudicate the youth a juvenile delinquent and decide on a disposition outcome.

F A C T - F I N D I N G H E A R I N G
F i l i n g a P e t i t i o n >
D I S P O S I T I O N S T A G E
J u d g e b e l i e v e s y o u t h c o m m i t t e d o f f e n s e >

F A M I L Y C O U R T

When deciding a disposition outcome (sentence), the judge is supposed to consider the needs and best interests of the child as well as the need to protect the community. The judge is supposed to select the least restrictive option possible.

Adjournment in Contemplation of Dismissal (ACD)

6 months

Case will typically be dismissed and sealed if child complies with conditions set by the court and does not get arrested again. Child will usually live at home.

Conditional Discharge (CD)

1 year

Case will be dismissed, but not sealed, if the child complies with

rules set by the court. Child usually remains at home.

Probation

Up to 2 years

Judge will set conditions and assign a probation officer to monitor the child's compliance. Judge may order the child to participate in programs.

Placement

Up to 12 or 18 months

Child will be incarcerated in a residential facility. Child will typically attend school and receive services at or near the facility.

N T
D I S P O S I T I O
Y P E S

F A M I L Y C O U R T

P L A C E M E N T T Y P E S

When deciding a placement type, the judge is supposed to consider the needs and best interests of the child as well as the need to protect the community. The judge is supposed to select the least restrictive option possible.

Non-Secure

Placement

Up to 12 or 18 months

Child will be removed from their home and incarcerated in a facility close to their home. Child is typically enrolled in Passages Academy.

LimitedSecure

Placement

Up to 12 or 18 months

Child will be removed from their home and incarcerated in a more secure facility.

Secure/ Restrictive

Placement

3-5 years. (May extend to child's 21st birthday.)

Must be considered if the child has committed a Designated Felony.

Child will be incarcerated at a secure facility run by the Office for Children and Family Services.

*Court may also impose conditions. These include fees and fines, community service, and orders of protection (child must stay away a complainant or witness and their family.)

The state designates youth as one of three statuses depending on the type of alleged offense and their age.

Aged 13-15 and charged with " a serious or violent felony" offense listed in Penal Law 10.00 (18).

Unlike Juvenile Delinquents, Juvenile Offenders are considered criminally responsible for their conduct.

At sentencing, Juvenile Offenders are subject to less severe sentences than adults.

Though family court judges hear their cases, offenders are prosecuted as if they are adults.

A u t o m a t i c a l l y c l a s s i f i e d a s a " J u v e n i l e O f f e n d e r " i f . . . J U V E N I L E O F F E N D E R Y O U T H P A R T O F C R I M I N A L C O U R T
2 . J U V E N I L E O F F E N D E R J u v e n i l e O f f e n d e r c a s e s c a n b e t r a n s f e r r e d t o F a m i l y C o u r t i f t h e C o u r t d e t e r m i n e s t h a t t h e t r a n s f e r w o u l d b e i n t h e i n t e r e s t s o f j u s t i c e . U p o n t r a n s f e r t o F a m i l y C o u r t , t h e c h i l d i s t h e n c o n s i d e r e d a J u v e n i l e D e l i n q u e n t .

The state designates youth as one of three statuses depending on the type of alleged offense and their age.

Aged 16-17 and charged with " a serious or violent felony" offense listed in Penal Law

10.00 (18).

Aged 16-17 and charged with a non-violent felony

Like Juvenile Offenders, Adolescent Offenders are considered criminally responsible for their conduct.

At sentencing, the Judge will consider the child’s age when deciding the appropriate sentence.

In Youth Part, Adolescent Offenders are also prosecuted as if they are adults.

A u t o m a t i c a l l y c l a s s i f i e d a s a " A d o l e s c e n t O f f e n d e r " i f . . . A D O L E S C E N T O F F E N D E R Y O U T H P A R T O F C R I M I N A L C O U R T
3 . A D O L E S C E N T O F F E N D E R F o r p o s s i b l e t r a n s f e r t o F a m i l y C o u r t s e e t h e R a i s e t h e A g e F l o w c h a r t . I f t r a n s f e r r e d t o F a m i l y C o u r t , t h e c h i l d i s t h e n c o n s i d e r e d a J u v e n i l e D e l i n q u e n t .
Arrest Booking Detention Determination Court Appearances Plea Agreement Trial Sentencing Potential Diversion* Potential Diversion Potential Diversion Potential Diversion *Through diversion, youth can resolve their cases outside of the criminal system. They might be required to participate in a program and abide by a set of rules. E v e n w i t h i n t h e n e w Y o u t h P a r t s t r u c t u r e , J u v e n i l e a n d A d o l e s c e n t O f f e n d e r s ' c a s e s f o l l o w t h e t r a d i t i o n a l p a t h o f t h e c r i m i n a l c o u r t s y s t e m :
CASE PATH: YOUTH PART OF CRIMINAL COURT

Y O U T H P A R T : S E N T E N C I N G

While Juvenile and Adolescent Offenders' cases follow the traditional criminal court path, judges are required to consider their age and development during sentencing. A judge can give anyone 14 to 18 years old Youthful Offender (YO) status at Sentencing.

Youthful Offender adjudication can change potential sentences and it means the child will not receive a "criminal record."

Judges have the ultimate power and choice to offer YO status, but YO will generally be considered if the child:

Is at least 14 and under 19 at the time the criminalized act.

Has never been treated as a YO before

Has no prior felony convictions

Y O U T H F U L O F F E N D E R S T A T U S :

D I V E R S I O N : U N D E R 1 8

Through diversion, youth can resolve their cases outside of the criminal system. Always speak with your lawyer when considering diversion.

Informal Diversion

Informal diversion occurs any time a cop decides not to arrest, probation decides to "adjust" the case, or the law department decides not to prosecute.

First Appearance

Diversion

Alternative-to-Detention programs keep youth out of incarceration as case progresses if the judge wants them to be in programming but does not believe they need detention

Plea Agreement

Diversion

Alternative-to-Incarceration or Adolescent Diversion Programs (17-18 yo) often require a guilty plea as well as a referral by a judge or by an assistant district attorney. Sentencing is deferred until after programming. Failure to comply with programs can result in prison sentences.

Trial Diversion

Youth Part courts are meant to take into account the factors of the child's life and development and often recommend services instead of incarceration.

CASE PATH: CRIMINAL COURT

* Courts allow for Probation Eligible Diversion (PED) programs if youth is charged with a non-violent, probation-eligible felony for the first time and they might otherwise receive a state prison sentence (sex offenses disqualify participation). Discuss Alternative-To-Incarceration (ATI) options with your lawyer if you believe this is a possibility for your case.

W h i l e t h e P e e r D e f e n s e P r o j e c t , a l o n g w i t h c l i n i c a l a n d l e g a l r e s e a r c h , c o n s i d e r s y o u t h t o b e t h o s e 2 5 y e a r s a n d y o u n g e r , t h e N e w Y o r k c o u r t s y s t e m t r e a t s a n y o n e o v e r 1 7 a s a c r i m i n a l l y r e s p o n s i b l e a d u l t . Y o u c a n l e a r n m o r e a b o u t t h e s t e p s o f a d u l t c a s e s o n t h e N e w Y o r k S t a t e C o u r t s w e b s i t e . Arrest Booking Detention Determination Court Appearances Plea Agreement Trial Sentencing Potential Diversion* Potential Diversion Potential Diversion Potential
Diversion

Through diversion, youth can resolve their cases outside of the criminal system. Always speak with your lawyer when considering diversion.

Informal Diversion

Informal diversion occurs any time a cop decides not to arrest or the law department decides not to prosecute.

Brooklyn Young Adult Court

Eligibility: Misdemeanors with some exceptions. Overseen by Brooklyn Justice Initiative, which (1) assesses the risk of reoffense for each young adult, (2) determines their needs, and (3) tailors programming to meet those needs.

Project Reset

Eligibility: Over 18, certain low-level, non-violent crimes. DA refers eligible cases to non-profit services rather than to court. Those eligible may consult with a defense attorney before deciding to participate, or at any point in the process. Participants complete intake and partake in a variety of programming.

SDNY Young Adult Opportunity Program

Eligibility: 18-25, "non-violent" crimes. Judicially supervised program run through the Pretrial Services Office in the USDA. Participants voluntarily apply through the Pretrial office.

D I V E R S I O N : 1 8 - 2 5

WHERE ARE YOUTH INCARCERATED?

D epending on case disposit ion or sent ence,

y ou t h will be incar cer at ed in one of sev er al

facilit ies acr oss t he st at e of New Yor k.

To Prisoners

I call for you cultivation of strength in the dark. Dark gardening in the vertigo cold. In the hot paralysis. Under the wolves and coyotes of particular silences. Where it is dry. Where it is dry. I call for you cultivation of victory Over long blows that you want to give and blows you are going to get.

Over what wants to crumble you down, to sicken you. I call for you cultivation of strength to heal and enhance in the non-cheering dark, in the many many mornings-after; in the chalk and choke.

D E T E N T I O N & P L A C E M E N T

The City and the State work together to detain youth before and after sentencing. New York's Office of Children and Family Services (OCFS) and Administration for Children's Services (ACS) imprisoned nearly 300 children in 2020. The grid below breaks down Detention facilities (used to detain kids before trial) and Placement facilities (used to incarcerate after sentencing).

Less restrictive homes for young people who have committed acts that would have been crimes if they were adults.

Less restrictive setting for "lower-risk"

Juvenile Delinquents who have court cases pending in the Family Court.

Most restrictive longterm placements (up to several years) for juvenile delinquents, juvenile offenders, and adolescent offenders. Facilities are run by the OCFS.

More restrictive facilities for young people whom a Family Court judge deems present "higher risks,"run by private, nonprofits and overseen by ACS.

Most restrictive detention for juvenile delinquents, juvenile offenders, and adolescent offenders "who pose the highest risk" or who have been accused of committing "serious offenses."

D E T E N T I O N N O N - S E C U R E ( N S P / N S D )
S E C U R E L I M I T E D - S E C U R E ( L S P ) ( P L A C E M E N T O N L Y )
P L A C E M E N T
T H E H O W :

YOUTH INCARCERATION SITES

STATE: OCFS-RUN

THE STATE RUNS 10 SITES OF CHILD IMPRISONMENT. One non-secure placement site, six limited-secure placement sites, and three secure placement sites across the state.

THE CITY: ACS & CONTRACTOR-RUN

SCATTERED AROUND THE CITY, CHILDREN ARE SEPARATED FROM THEIR FAMILIES

Most young people detained pre-trial or sentenced to non-secure or limited-secure placements in New York City live in facilities overseen by ACS but run by nonprofits in Brooklyn, Queens, or the Bronx. ACS runs the two secure pre-trial detention facilities itself in NYC: Crossroads Juvenile Center in Brooklyn and Horizon Juvenile Center in the Bronx.

B U T T H A T ' S N O T A L L

IT'S NOT JUST COURT-INVOLVED YOUTH WHO ARE IMPRISONED. Children who are undocumented immigrants, children who have mental health concerns, and children who have been removed from the homes of their parents or guardians are also in the custody of the state of New York and may be held involuntarily at various facilities.

Children assigned to housing with family member or foster care

At-home supervision by state or probation officer

Statewide Central Register Family Court Inpatient Services Long term Community Residences
in
homes or
detention Residential treatment centers
Involuntary placement
group
nonsecure
Y O U T H W I T H A B S O L V E D P A R E N T A L R E S P O N S I B I L I T Y F O R E I G N B O R N Y O U T H I N T H E C A R C E R A L S Y S T E M Y O U T H A F F E C T E D B Y M E N T A L H E A L T H D I S O R D E R S Guardian
Guardian
reported to state by private individual Guardian incarcerated
reported to state by school
Encounter with New York DOC facility DOC Division of Program, Planning, Research and Evaluation US Immigration & Naturalization Services
Placed into ACS for 18 months
Mental Health Crisis
term
or home-based
to
Investigation: Detainer Lodged or Removal Process Begins
Short
crisis residence
treatment State-run childrens' psychiatric centers Admitted
general hospitals or freestanding psychiatric hospitals

B Y T H E N U M B E R S

In 2020, there were 284 children (youth 19 years and younger) imprisoned at the New York youth detention sites. Of these:

2 3 5 4 9 Boys Girls

1 3 8 6 6 5 0

Black Latinx White

1 6 . 6 Mean Age

crimes against people crimes against property

larceny

drug charges

gun charges

1 1 7 1 1 0 5 7 1 O 4 8 4 7 1 2 3 3 1 1 8 3 5 4 2 5
other crimes
robbery
homicide assault
sex offense arson
criminal mischief
unauthorized use motor vehicle

B Y T H E N U M B E R S

Compare New York to the rest of the country.

H O W D O E S T H E S Y S T E M H A R M Y O U N G P E O P L E ?

A Small Needful Fact

Is that Eric Garner worked for some time for the Parks and Rec. Horticultural Department, which means, perhaps, that with his very large hands, perhaps, in all likelihood, he put gently into the earth some plants which, most likely, some of them, in all likelihood, continue to grow, continue to do what such plants do, like house and feed small and necessary creatures, like being pleasant to touch and smell, like converting sunlight into food, like making it easier for us to breathe.

Ross Gay, 2015

W H A T I S H A R M ?

We all cause harm--it is a part of life. Some harms are larger than others, and abolition is not about excusing or minimizing the true harms anyone experiences. We must separate harm and accountability from "crime."

Harm can be interpersonal: when a person does to another person or group. AND

Harm can be structural: when the state carries out oppression or violence, legal or extralegal.

Interpersonal and structural harms are connected. When one person hurts another, the harm can often be traced back to the harms which the state and its economic and social institutions are committing in oppressed communities.

Accountability is a practice of addressing harm which begins with oneself. It is a recognition of our harm-doing, a process of reparation, and a commitment to transformation. Accountability is integral to abolition and a transformed future.

W H A T I S C R I M E ?

We must separate harm and accountability from crime. "Crime" is constructed: its meaning and what falls within it can change over time and is often controlled by those in power.

Many "crimes" are acts of survival that poor and oppressed people rely on. They are acts that existed and were exercised before they were criminalized-legally or culturally defined as "crimes."

Drug use and houselessness are criminalized in the U.S., while they are treated as public health issues in other countries and are not dealt with criminally. States and power structures decide to label certain social issues as “crimes” and use prison, surveillance, and policing as solutions, instead of providing services, such as housing or affordable healthcare.

A L L P O L I C I N G I S H A R M F U L P O L I C I N G

Project NIA Presents: Defund the Police

Dominant culture, especially mass media, sells us the image of "Officer Friendly." But whose experience is that actually based on?

* For NYC-specific information on alternatives to policing, visit Don't Call the Police NYC. For more information on Defund the Police, check out the Interrupting Criminalization Toolkit.

H A R M A T A L L S T A G E S

Any contact with the youth criminal system can cause harm, regardless of the extent or outcome.

Arrest

Risk of physical abuse and death; subsequent arrest records and criminalization; and traumatizing exposure to bigoted police officers.

Requirements can be arbitrary, burdensome, invasive and costly. May last a very long time. Risk of arrest and further criminalization for violating conditions.

Probation Trial

Can be lengthy and demand frequent appearances by youth and parents, requiring them to miss work and school. Proceedings are often confusing and the young person and their family are often silenced and powerless.

Interaction with Judge

Judge often has total power over the young person ' s fate and may treat young people differently due to personal biases. Even if the judge tries to act as an ally for the youth, there are vast power dynamics at play.

Collateral Consequences

Having a record can impact youth's ability to find work and pursue education, secure housing, or receive public benefits.

Reentry

Children who become involved in the criminal legal system often fall behind in school. The trauma they carry from system involvement may negatively impact their mental health and strain their relationships with family and community members. It may be difficult to adjust to regular life.

T H E S Y S T E M I S D I S C R I M I N A T O R Y

Youth with marginalized identities, youth who are poor, and youth with trauma or disabilities are vastly overrepresented in the system. This means that those who need the most support often experience the most harm. For example: Race Disability

Black, Native, and Latinx youth are incarcerated at nearly 5, 3, and 1.4 times the rate of their white peers, respectively.

More than three times as many youth in custody are eligible for special education than youth in public schools.

Foster Care Mental Health

Upwards of 70% of youth in the legal system have mental illness. More than 30% of incarcerated youth have attempted suicide.

Those who spend time in foster care are 2.5 times as likely to become involved in the criminal system.

90% of youth with 5 + placements will enter the criminal system.

Survivors

Among incarcerated youth, the rate of PTSD is up to 15 times higher. More than 85 percent of incarcerated girls have experienced sexual abuse.

Gender & Sexuality

9% of all youth and >20% of incarcerated youth identify as LGBTQ. The system was originally designed for boys: it does not consider the needs of girls, GNC or queer youth.

I M P R I S O N M E N T I S E S P E C I A L L Y H A R M F U L

Poor Education

Traumatizing

Isolating

Physical Abuse

Hostile Environment

Much Greater Risk of Suicide

Racism

Psychological Abuse

Poor Conditions

Sexual Assault

Homophobia

Poor

Healthcare

"We need guidance, relationships, affirmation and love when we stumble. We want to learn and make things right, but these four walls aren't the answer. We can't grow up in here..." - Brian, age 17

H A R M O U T S I D E P R I S O N W A L L S

The Prison Industrial Complex harms loved ones as well.

Missing work and social life

Worsens Relationships between all family members

Guilt / Blame

Isolating High Expenses

Unable to help or teach child

Alt. Text: Impact on Families - #NoKidsInPrison Impact on Family 4. Impact on Mother

H A R M O U T S I D E P R I S O N W A L L S

The Prison Industrial Complex harms all families and communities.

Cops instead of counselors

National debt

$$ away from public resources

Fear & hatred

State-sanctioned violence

#NoKidsInPrison Schools, Stoops, and City Streets - 1. School-to-Prison Pipeline

Listen to what youth might actually need -

T H E M Y T H O F T R E A T M E N T

Therapeutic Justice or the Treatment-Industrial Complex?

In the 90s, courts started acting like they treat people. Some people don't think so. Watch this video on the Treatment-Industrial Complex.

T I N K E R W I T H I T ?

R T E A R I T

D O W N ?

O

Oh, I have ambitions, dreams

But dreams don't come cheap

I saw a demon on my shoulder, it's lookin' like patriarchy

Like scrubbin' blood off the ceiling and bleachin' another carpet

How my house get haunted?

Why Toyin body don't embody all the life she wanted?

A baby, just nineteen

I know I dream all black

I seen her everything, immortalizin' tweets all caps

They say they found her dead

One girl missin', another one go mission'

One girl missin', another

But niggas in the back quiet as a church mouse

Basement studio when duty calls to get the verse out

I guess the ego hurt now

It's time to go to work, wow, look at him go

He really 'bout to write about me when the world is in smokes?

When it's people in trees?

When George was beggin' for his mother, saying he couldn't breathe

You thought to write about me?

One girl missin', another one go mission'

One girl missin', another

Yo, but little did I know all my readin' would be a bother

It's trans women bein' murdered and this is all he can offer?

And this is all y'all recieve?

Distracting from the convo with organizers

They talkin' abolishin' the police

And this the new world order

We democratizin' Amazon, we burn down borders

This a new vanguard, this a new vanguard

I'm the new vanguard

Song 33 Noname
Song 33 - Audio File Noname

W H A T I S A B O L I T I O N ?

There are many definitions and theories of abolition, most of which are not in contest with each other:

"Abolition is a political vision with the goal of eliminating imprisonment, policing, and surveillance and creating lasting alternatives to punishment and imprisonment.

An abolitionist vision means that we must build models today that can represent how we want to live in the future. It means developing practical strategies for taking small steps that move us toward making our dreams real and that lead us all to believe that things really could be different. It means living this vision in our daily lives.

Abolition is both a practical organizing tool and a longterm goal."

- Critical Resistance

an ongoing process of assessing and replacing any system that doesn’t serve all of us."

"Abolition is
Brea Baker

W H Y A B O L I T I O N ?

Not all abolitionists are the same. Activists and communities come to abolition for many reasons. Here are a few of ours: No one should be put in a cage. Prisons and policing are rooted in subjugation, colonialism, and enslavement. They have no place in our future.

The Prison Industrial Complex (PIC) does not create accountability or heal harm. It unfairly punishes some while other go unscathed and victims are often ignored. The PIC increases harm on the most vulnerable communities.

The PIC does not get to the root causes of any harms it supposedly addresses. It does not properly address factors such as poverty, mental health, or racism. We need more than police, punishment, and prisons to create a liberated and safe future.

W H A T I S J U S T I C E ?

If we take up Brea Baker or Ruth Wilson Gilmore's definitions of abolition and replace "any system that doesn’t serve all of us,"--including the criminal legal system-What does justice look like?

Empowering

I IMAGINE

What else does justice mean to you?

Healing Accountable Punishment -Free Safe for all! Liberating Collective

T R A N S F O R M A T I V E J U S T I C E

Many abolitionist orgs promote transformative justice practices as one alternative to the criminal legal system.

Transformative Justice, according to Philly Stands Up, has no single definition. It is:

"a way of practicing alternative justice which acknowledges individual experiences and identities and works to actively resist the state's criminal injustice system."

Transformative Justice Goals

Safety, healing, and agency for survivors

Accountability and transformation for people who have harmed

Community action, healing, and accountability

Transformation of the social conditions that perpetuate violence

W H A T N O W ?

2 Types of Reforms

While abolition is the long-term goal for a transformed society, it also is a tool for everyday resistance and reform. Critical Resistance (CR) has broken down how we can judge whether a specific reform falls within the goals of abolition.

Abolitionist Reforms (or steps)

Abolitionist steps work to chip away and reduce the overall impact of carceral systems and the PIC. In all decarceration strategies, we must utilize tactics that improve life for those most affected and make space to build the worlds we need.

Reformist Reforms

Reformist reforms strengthen, perpetuate and expand carceral systems like policing and prisons. We must resist common reforms that create or expand cages or police anywhere.

"Abolition is both a practical organizing tool and a long-term goal."

R E F O R M I S T R E F O R M S

Policing:

Reformist reforms often disguise themselves as “addressing needs”, updating facilities or practices, or minimizing discrimination. Here is a list of common reformist reforms: Imprisonment:

Body Cameras

Community Policing

More Training

Civilian Review / Oversight Boards

"JAIL KILLER COPS": Prosecute Police Who Have Killed and Abused Civilians

Building jails or prisons to address overcrowding

Building “closer to home,” or as “better” alternatives to jails or prisons

Building jails / prisons that focus on “providing services”

Use of surveillance (house-arrest) and other law enforcement-led “alternatives” to jails and prisons.

Efforts to single out some conviction categories as “exceptions”

“Partnerships” to contract services that replicate conditions of imprisonment

A B O L I T I O N I S T R E F O R M S

Abolitionist steps are an important part of moving toward a transformed society. Let's examine some other common abolitionist reforms:

Policing:

Suspend use of paid leave for cops under investigation

Withhold pensions and don't rehire cops with a history of excessive force

Cap overtime accrual & OT pay for military exercises

Withdraw participation in police militarization programs

Prioritize spending on community health, education, and affordable housing

Reduce the size of police forces

Imprisonment:

Reduce the number of people in prisons and jails

Shut down existing jails and prisons and not replacing them

Reject government spending for jail and prison construction, renovation, expansion

Reduce policing and police contact, and “broken windows” policing, specifically

Create voluntary, accessible, community-run services and infrastructures without carceral involvement

H O W T O J U D G E

In order to decode reforms, CR Critical Resistance (CR) has created a series of questions and criteria to "assess and understand differences between reforms that strengthen imprisonment and abolitionist steps that reduce its overall impact and grow other possibilities for wellbeing."

DOES THIS REFORM:

reduce the number of people in the carceral system? OR reduce the reach of carceral systems? OR reduce funding to carceral or punishment systems? OR reduce tools / tactics / technology at disposal of carceral systems? OR challenge the notion that police increase safety? OR create resources and infrastructures that are steady, preventative, and accessible without police and prison contact? OR strengthen capacities to prevent or address harm and create processes for community accountability? OR reduce the scale of the carceral system?

O N E R E F O R M I S T R E F O R M D E C O D E D

Imprisonment: Building “closer to home,” or “nicer”, “rehabilitative” alternatives to existing jails or prisons

DOES THIS REFORM:

reduce the number of people in the carceral system? NO reduce the reach of carceral systems? NO reduce funding to carceral or punishment systems? NO reduce tools / tactics / technology at disposal of carceral systems? NO challenge the notion that police increase safety? NO create resources and infrastructures that are steady, preventative, and accessible without police and prison contact? NO strengthen capacities to prevent or address harm and create processes for community accountability? NO reduce the scale of the carceral system? NO

In Summary: New jails and prisons expand the arguments for and lengthen the life of imprisonment. There is no such thing as a “humane” cage.

Arguments for jails

“closer to home” reinforce the idea that jails and police create “safety” and take away the capacity to build resources that can create well-being.

O N E A B O L I T I O N I S T R E F O R M D E C O D E D

Imprisonment: Create voluntary, accessible, community-run services and infrastructures without carceral involvement

DOES THIS REFORM: reduce the number of people in the carceral system? YES reduce the reach of carceral systems? YES reduce funding to carceral or punishment systems? YES reduce tools / tactics / technology at disposal of carceral systems? YES challenge the notion that police increase safety? YES create resources and infrastructures that are steady, preventative, and accessible without police and prison contact? YES strengthen capacities to prevent or address harm and create processes for community accountability? YES reduce the scale of the carceral system? YES

In Summary: Community-led and voluntary services take power away from the PIC by removing the focus on imprisonment as a solution to social, economic, and political issues. Access to services which address needs people articulate for themselves can prevent harm, while building sites for self-determination.

W H A T N E X T ?

Youth in New York City and around the world are fighting for abolition and dreaming a transformed society. Here are three examples:

Youth Dreaming Spaces: Project NIA launched the NYC Transformative Justice Hub in 2019 and the Abolitionist Youth Organizing Institute (AYO, NYC!) in 2020, bringing volunteers together every month for political education and community project consultation.

#NoKidsInPrison brings together Performing Statistics (Philadelphia), the Youth First Initiative (national), and Columbia Justice Lab (NYC) with the vision of ending youth incarceration, investing in community-based supports, services & opportunities for youth, and modeling sustainable, wholistic organizing campaigns.

The Restorative Justice Youth Design Summit brought together the Detroit Justice Center and several community partners to ask young people what they would do with the money that Wayne County and Rock Ventures were spending to build two new jails in the city.

F U T U R E P O S S I B I L I T I E S

The Abolitionist Youth Organizing Institute (AYO, NYC!) is an immersive training experience for those ages 16 to 24 who are interested in working towards social justice.

AYO, NYC! created Cosmic Possibilities: An Intergalactic Youth Guide to Abolition in 2020, which, like the training experience, introduces readers to the concepts of organizing, mutual aid, prison industrial complex (PIC) abolition and transformative, healing justice. (Audio/Video Option)

T H E F U T U R E W E A R E D R E A M I N G

#NoKidsInPrison is dedicated to all those we’ve lost in the fight to abolish prisons, and the many more young people whose futures are wide open with the prospect of a prisonfree world.

#NoKidsInPrison - The Future We Are Dreaming

Poem written/edited by: Ta’Dreama, Iyana, Khai, and Kayla in collaboration with Mark Strandquist

T H E F U T U R E W E A R E B U I L D I N G

The Detroit Justice Center's Just Cities Lab focuses on introducing and normalizing alternatives to punitive justice with the input of intergenerational Detroit voices.

The DJC, along with Designing Spaces + Designing Justice, summarized the 2018 Restorative Justice Youth Design Summit with a report highlighting the young people’s visions for truly safe communities.

W H A T A R E M Y R I G H T S ?

D e t e n t i o n C e n t e r s & G r o u p R e s i d e n t i a l F a c i l i t i e s P o l i c i n g , S u r v e i l l a n c e , & I C E J u d g e s , C r i m i n a l C o u r t s , F a m i l y C o u r t s C o l l a t e r a l C o n s e q u e n c e s o f H a v i n g a R e c o r d F o s t e r C a r e & C h i l d W e l f a r e F i n e s , F e e s & C o u r t C o s t s P r o b a t i o n & D i v e r s i o n S c h o o l P o l i c i n g & D i s c i p l i n e

I look at the world

I look at the world

From awakening eyes in a black face--

And this is what I see: This fenced-off narrow space

Assigned to me.

I look then at the silly walls

Through dark eyes in a dark face-And this is what I know: That all these walls oppression builds Will have to go!

I look at my own body

WIth eyes no longer blind-And I see that my own hands can make The world that's in my mind. Then let us hurry, comrades, The road to find.

Langston Hughes

K N O W Y O U R R

I G H T S : E D U C A T I O N H E A L T H & S A F E T Y C O M M U N I T Y R E S O U R C E L I B R A R Y

D e t e n t i o n C e n t e r s & G r o u p R e s i d e n t i a l F a c i l i t i e s

R I G H T T O E D U C A T I O N

D e t e n t i o n C e n t e r s & G r o u p R e s i d e n t i a l F a c i l i t i e s

U n d e r 1 8 & D e t a i n e d : R e q u i r e d t o a t t e n d s c h o o l t h r o u g h t h e e n d o f s c h o o l y e a r t h e y t u r n 1 7

P a s s a g e s A c a d e m y ( D O E ) :

1 8 - 2 4 & D e t a i n e d o n R i k e r ' s : S t u d e n t s h a v e t h e r i g h t t o w o r k t o w a r d H S d i p l o m a o r G E D u n t i l t h e e n d o f t h e y e a r t h e y t u r n 2 1

M i d d l e a n d H i g h S c h o o l s t u d e n t s i n j u v e n i l e d e t e n t i o n a n d a t A C S N o n - S e c u r e P l a c e m e n t s a t t e n d P a s s a g e s A c a d e m y ( D O E ) .

N o n - D O E S c h o o l i n g

M i d d l e a n d h i g h s c h o o l s t u d e n t s i n a l l O f f i c e o f

C h i l d r e n a n d F a m i l y S e r v i c e s ( O C F S ) a n d s o m e A d m i n i s t r a t i o n f o r

C h i l d r e n ’ s S e r v i c e s ( A C S ) j u v e n i l e f a c i l i t i e s a r e t e m p o r a r i l y “ d i s c h a r g e d ”

f r o m t h e D O E a n d d o n o t a t t e n d P a s s a g e s . T h i s m e a n s t h a t s t u d e n t s i n t h e s e f a c i l i t i e s g e t t h e i r e d u c a t i o n a t t h e f a c i l i t y w h e r e t h e y a r e p l a c e d , a n d n o t t h r o u g h t h e D O E . S p e c i a l E d .

S t u d e n t s w i t h I E P s h a v e t h e r i g h t t o s p e c i a l e d u c a t i o n s e r v i c e s w h e n t h e y a t t e n d s c h o o l a t

P a s s a g e s o r a n o n - D O E s c h o o l .

R e S t a r t A c a d e m y

1 3 - 2 1 y e a r - o l d s t u d e n t s w h o a r e t e m p o r a r i l y i n i n v o l u n t a r y s e t t i n g s a t t e n d R e S t a r t A c a d e m y a s a p a t h w a y t o m i d d l e s c h o o l p r o m o t i o n , h i g h s c h o o l d i p l o m a o r e q u i v a l e n c y .

E a s t R i v e r A c a d e m y T h o s e 1 8 a n d o l d e r a r e e n t i t l e d t o e d u c a t i o n a t E a s t R i v e r A c a d e m y i f t h e y d o n o t h a v e a d i p l o m a , a r e u n d e r 2 1 ( 2 2 f o r s p e c i a l e d . ) a s o f S e p t . 1 o f t h a t s c h o o l y e a r , A N D h a v e b e e n o r w i l l b e i n j a i l f o r 1 0 d a y s o r m o r e .

" O p t I n " E l i g i b l e s t u d e n t s m u s t " o p t i n " t o r e c e i v e e d u c a t i o n a l s e r v i c e s b y f i l l i n g o u t a R e q u e s t f o r E d u c a t i o n a l S e r v i c e s F o r m S p e c i a l E d . S t u d e n t s w i t h I E P s h a v e t h e r i g h t t o s p e c i a l e d u c a t i o n s e r v i c e s w h e n t h e y a t t e n d s c h o o l a t E a s t R i v e r A c a d e m y .

K N O W Y O U R R I G H T S : F A C I L I T I E S

K n o w Y o u r R i g h t s a t P a s s a g e s o r R e S t a r t :

P a s s a g e s a n d R e S t a r t a r e a D O E s c h o o l s , s o a s t u d e n t ' s w o r k w i l l g o o n D O E t r a n s c r i p t .

H i g h s c h o o l s t u d e n t s m u s t b e g i v e n R e g e n t s E x a m s .

M i d d l e s c h o o l s t u d e n t s m u s t b e g i v e n c i t y - w i d e

t e s t s f o r p r o m o t i o n .

K n o w Y o u r R i g h t s a t E a s t R i v e r A c a d e m y ( E R A ) :

I f a s t u d e n t l e a v e s b e f o r e t h e e n d o f t h e

t r i m e s t e r , t h e s t u d e n t s h o u l d b e p u t i n t o t h e s a m e c l a s s e s a t t h e s t u d e n t ’ s n e x t s c h o o l .

A l l E R A s t u d e n t s w o r k w i t h a T r a n s i t i o n

S p e c i a l i s t w h i l e a t t e n d i n g s c h o o l t o p r e p a r e f o r t h e i r r e t u r n t o t h e c o m m u n i t y .

K n o w Y o u r R i g h t s i n o t h e r O C F S a n d A C S s c h o o l i n g e n v i r o n m e n t s :

S t u d e n t ' s w o r k d o e s n o t a u t o m a t i c a l l y t r a n s f e r

t o D O E t r a n s c r i p t .

P r i n c i p a l s a t t h e h o m e c o m i n g D O E s c h o o l m u s t

r e q u e s t r e c o r d s a n d g r a n t c r e d i t t o a s t u d e n t w h o p a s s e d c l a s s e s t h a t f a c u l t y h a v e “ a t t e s t e d ”

m e e t e d u c a t i o n s t a n d a r d s .

S t u d e n t s m u s t b e a b l e t o t a k e a n y p r o m o t i o n a l

a n d R e g e n t s e x a m s a n d r e s u l t s m u s t b e t r a n s f e r r e d t o D O E t r a n s c r i p t a f t e r r e v i e w .

Detention Centers & Group Residential Facilities

Youth have a right to receive health screenings, assessments, evaluations, and care(including dental and mental health) by ACS, OCFS, or contracted medical providers onsite.

No one under 18 can be held on bail or in a facility with adults.

Students with IEPs have the right to special education services that are similar to what is on their IEPs when they attend school while detained or incarcerated. Find More information on IEPs and Special Education here.

H E A L T H C A R E A G E A P P R O P R I A T E D I S A B I L I T Y R I G H T S
H E A L T H & S A F E T Y
D E T E N T I O N & P L A C E M E N T
D e t e n t i o n C e n t e r s & G r o u p R e s i d e n t i a l F a c i l i t i e s

The right to interact with one ' s home community depends heavily on where a young person is detained.

Youth can have regular visits and contact with families. In non-secure placement, youth can often attend events alongside family members. If ACS temporarily suspends inperson visits due to Covid-19, virtual visitation should be made available by case managers.

In non-secure and limited-secure placement, youth can participate in recreational, cultural, and group activities within and outside of the facility, such as playing for local high school sports teams, visiting museums, going on camping trips, producing music, and performing community service.

V I S I T A T I O N R E C R E A T I O N
D e t e n t i o n C e n t e r s & G r o u p R e s i d e n t i a l F a c i l i t i e s R I G H T T O C O M M U N I T Y
D E T E N T I O N & P L A C E M E N T

A D V O C A C Y & R E S O U R C E S

We have collected a non-exhaustive list of nonprofit, legal, and government agencies that provide support, resources, and advocacy for detained youth and families in NYC.

Guides on youth and parental rights; legal resources; advocacy tips; lawsuit details on educational rights.

The DOE has liaisons in six courthouses across New York City. They help students, families, and agency partners get educational records and referrals to school and social services.

YJN offers advocates for detained youth, mothers, and fathers. Families can count on advocates for help accessing food, housing, careers, and education during and after imprisonment. Contact fsmith@youthjustice.org to make a referral or for more information.

Detention Centers & Group Residential Facilities Advocates For Children
Court Liaisons
Youth Justice Network

K N O W Y O U R R I G H T S

A R R E S T E N C O U N T E R S

: P o l i c i n g , S u r v e i l l a n c e , & I C E

A R R E S T R I G H T S

"Every reasonable effort" must be made by the police to contact your parents or guardians. Questioning of youth must take place for developmentally appropriate lengths of time. Present parents or guardians must be read Miranda rights. Children may not be held in custody with adults. No bail may be set those under 18 years old.

Ages 7-12: All Charges

Ages 13-15: Non-violent

Felony Charges

Ages 16-17:

Misdemeanor Charges

Ages 13-15: “Violent / Serious” Felony Charge

Adolescent Offender

Ages 16-17: Any

Felony Charge (See "Raise The Age" Flowchart)

If possible, a guardian must be at questioning. If you are detained, it must be in a detention facility for the reception of children.

"Every reasonable effort" must be made by the police to contact your parents or guardians, but they do not have to be present for questioning. If you are detained, it must be in a specialized facility for older youth.

P o l i c i n g , S u r v e i l l a n c e , & I C E
J u v e n i l e D e l i n q u e n t & O f f e n d e r

We have collected several know your rights guides on encounters with the police for young people. Biggest tips: stay silent.

New York Civil Liberties Union (NYCLU or ACLU of NY)

Youth Represent

Police in New York Public Schools

Encountering Questions from Police

Trainings and Workshops

Right to Know Act: What NYC Teens Need to Know

NYC Gov.

Sylvia Rivera Law Project

The Door: Center of Alternatives (for Youth)

The City News

What Is the Right to Know Act?

Tips for Trans People Dealing with Cops

Things You Should Know When Stopped by the Police

Friedman Levy Law Practice

KYR with NYPD's 'Neighborhood Safety Teams'

My Rights if I'm Pulled over in NY

E N C O U N T E R S P o l i c i n g , S u r v e i l l a n c e , & I C E

K N O W Y O U R R I G H T

S :

W H I C H C O U R T ?

R A I S E T H E A G E T R A N S F E R C O U R T

J u d g e s , C r i m i n a l C o u r t s , F a m i l y C o u r t s

K N O W Y O U R C O U R T

Family Court

Cannot receive a criminal record from disposition.

Those under 21 may not be handcuffed or shackled in court unless the court has proved them to be a harm to themself or others or to be a flight risk.

Adjudication of case recognizes that respondent is a child.

Youth Part of Criminal Court

Can receive a criminal record at sentencing.

Traditional court model; judge has usual discretion over trial or other court proceedings and in sentencing.

Child is prosecuted as an adult, but if under 18, the child is sentenced with sensitivity to age.

Child has only some constitutional protections.

To order a disposition, judge must find child is guilty of the offense and is in need of treatment, supervision or rehabilitation.

Proceedings are closed to protect the privacy of the child.

Child has all protections afforded by the Constitution and by the rules of criminal procedure.

To sentence, judge must find that the child is guilty.

Proceedings are open to the public.

J u d g e s , C r i m i n a l C o u r t s , F a m i l y C o u r t s
The kind of court determines what kinds of rights youth have, as well as their court experience and record.

R A I S E T H E A G E

Raise the Age Legislation took full effect in 2019 and gave new rights to youth in the New York State carceral system.

W H A T ' S I N T H E L A W

16- and 17-year olds may not be held in adult jails and prisons

Police are required to notify parents of 16- and 17-yearolds and have the option to be present for Miranda Rights.

Questioning of youth must take place in ageappropriate settings, with parental involvement.

Specially-trained Family Court judges will preside over Youth Part of Criminal Courts.

All misdemeanor cases will be heard in Family Court.

16 and 17-year-olds in Youth Part and the Judge must take the youth’s age into account when sentencing.

Youthful Offender status can be granted to Adolescent Offenders at sentencing to seal their records in the interest of justice.

J u d g e s , C r i m i n a l C o u r t s , F a m i l y C o u r t s

R A I S E T H E A G E

The complex diagram below shows how 16and 17-year- olds are treated in the New York carceral system as of October 1, 2019.

Misdemeanors

Case automatically goes to Family Court if DA does not file motion to try to retain the case in Criminal Court within 30 days.

Non-violent Felonies

Violent Felonies

Evaluated as part of a three-part test. If offense involves any one of the following, the case will remain in youth part:

If the DA files a motion in 30 days to prevent removal and shows extraordinary circumstances that warrant the case remaining in the criminal Youth Part. Passes

Judge Rules:

No Extraordinary Circumstances

(1) Significant Physical Injury

(2) Display of a Weapon

(3) Sex Offenses Fails

DA can consents to send failing case.

Extraordinary Circumstances

J u d g e s , C r i m i n a l C o u r t s , F a m i l y C o u r t s
Family Court Youth Part of Criminal Court

C O U R T T R A N S F E R S

While all misdemeanors and cases for those under 16 automatically go to Family Court, some other cases can transfer there.

Non-violent Felonies

Case is presumptively moved to Family Court unless the DA files a motion within 30 days to prevent removal and shows extraordinary circumstances that warrant the case remaining in the criminal Youth Part. The Judge has the power to decide if the DA has shown "Extraordinary Circumstances."

Violent Felonies

Evaluated as part of a three-part test. If offense involves any one of the following, the case will remain in Youth Part:

(1) Significant Physical Injury

(2) Display of a Weapon

(3) Sex Offenses

While there are more clear rules in this case, the Judge still decides if the young person is moved to Family Court.

Even if the Judge decides that the case fails this test, the DA and override the decision and consent to the child being moved to Family Court.

J u d g e s , C r i m i n a l C o u r t s , F a m i l y C o u r t s

K N O W Y O U R R I G H T S :

F O S T E R C A R E

R E S O U R C E L I B R A R Y

o
F
s t e r C a r e & C h i l d W e l f a r e

F O S T E R C A R E

Every child in New York foster care should receive and sign the Bill of Rights from the Office of Children and Family Services and ACS.

Summary of Rights

Everyone in Foster Care

Safety and Health: food, shelter, clothing, respect, and

health care.

Education: free and appropriate education until

receiving a high school diploma or IEP diploma.

Religion: to practice or not practice religion and attend

religious events.

Foster care setting must be free of exploitation,

discrimination, cruel / harsh punishment

Youth 18-21

NY youth have the right to remain in foster care until

their 21st birthday (22nd during pandemic) if they give

written consent.

Right to state and federal identification, health

insurance, and medical records after 18th birthday,

being in foster care for six months, and being

discharged into own care.

F o s t e r C a r e & C h i l d W e l f a r e

A C S & O C F S

We have collected several know your rights / system guides on Administration for Children's Services (ACS), the Office of Children and Family Services (OCFS), and youth in foster care.

ACS and OCFS

A Parent's Guide to Foster Care

Bill of Rights for Children and Youth in Foster Care

Your Family

Your Rights

Advocates for Children

The Door: Center of Alternatives (for Youth)

What You Need to Know about ACS

What Do Incarcerated Parents Need to Know about ACS

Students in Temporary Housing

Emancipation: What Are My Rights

Your Rights in Foster Care: The SPR/UCR Process

Lawyers for Children

Know Your Rights Handbooks in Eng. and Span. (Some outdated, check publication dates).

F o s t e r C a r e & C h i l d W e l f a r e

K N O W Y O U R R I G H T S :

S U S P E N S I O N

S c h o o l P o l i c i n g &

D i s c i p l i n e

S P E C I A L E D U C A T I O N

I M M I G R A N T S T U D E N T S

S U S P E N S I O N S

In NY State, youth under the age of 21 who do not have

a high school diploma have the right to attend public

schools . However, schools frequently deny this right

to youth through suspensions. This guide will explain

some of the rights of students facing suspensions in

New York City Public Schools. These rights are

frequently violated by school administrators and the

Department of Education but knowing them can help

you ensure they are respected.

Suspensions are Harmful to Students

Suspensions not only disrupt education but can also have long-term impacts as they are noted on a student’s permanent record. Suspensions often criminalize normal childhood behavior and contribute to the school-to-prison pipeline.

I N
T R O T O N Y C
S c h o o l P o l i c i n g & D i s c i p l i n e

Suspensions disproportionately affect Black and Latinx students across the city

Notes: enrollment data only includes schools serving grades 6-12, because the vast majority of suspensions occur in those grades; excludes Staten Island because no suspension data reported for the borough (small n); enrollment figures calibrated to reflect demographic composition of 6-12 grades; FOIL data includes all sustained suspensions in the specified academic year

In the 2019-2020 school year, the last year for which suitable data is available, there were 4,278 superintendent suspensions in NYC public schools. While Black students make up only 25% of NYC public school students, about 50% of the students suspended were Black. Almost 90% of students facing suspensions in this period were either Black or Latinx.

WHAT TYPE OF SUSPENSION DID YOU RECEIVE?

Last 5 days or less and can be given without the right to a hearing.

Behavior must present a clear danger of physical injury to the student, other students, or school personnel or prevent the orderly operation of classes or other school activities as authorized by the disciplinary code.

Last longer than 5 days as a result of more serious behavior and trigger the right to a suspension hearing where a Department of Education official will decide if the suspensions will be upheld and if so, for how long. If you received a Suspension Notice from the New York City Department of Education in the mail, this means you have received a Superintendent’s suspension and have the right to a hearing.

Mandatory suspension: School must seek superintendent's suspension when student uses or possesses certain weapons, sells or distributes illegal drugs, or uses extreme force against or inflicts or attempts to inflict serious injury upon students, school personnel, or school safety agents. Regulation A–443 § III.B.3(a)

Voluntary suspension: a school should seek a Superintendent’s suspension when behavior “presents a clear and present danger to the student, other students or school personnel or which is so disruptive as to prevent the orderly operation of the school.” Regulation A–443 § III.B.3(b). The Code authorizes a Superintendent’s suspension for infractions ranging from “being insubordinate” or “leaving class or school premises without permission” to “starting a fire” or “causing a serious injury.”

Pr i n c i pa l ’ s S u s pen s i on s : Su per in t en den t ’ s Su s pen s ion s :

SUPERINTENDENT SUSPENSION TIMELINE

Pre-Suspension Investigation:

School interviews all involved students and other witnesses. Collects other evidence. Accused student has the RIGHT to MAKE or REFUSE TO MAKE a a witness statement. School will use evidence in hearing, AVOID admitting to offenses.

Notification of Suspension:

School provides suspension packet with charge listed to parents.

Family has right to see ALL EVIDENCE and WITNESS STATEMENTS that will be used. Reach out for representation!

Suspension Hearing:

Student can plead no contest and ACCEPT charges or CONTEST charges in hearing. School brings witnesses, student or representative has right to QUESTION witnesses. Student has right to TESTIFY, PRESENT EVIDENCE, SUBMIT CHARACTER STATEMENTS.

Disposition Letter:

Student informed whether suspension SUSTAINED and for HOW LONG. Student has right to APPEAL.

Incident Occurs
1-2 Days After Hearing 3-4 School Days Later 1-2 School Days Later Later That Day

YOUR PROCEDURAL RIGHTS

58% OF SUSPENSIONS HAVE PROCEDURAL VIOLATIONS.

BOTH types of suspension require the school to notify the parents

PRINCIPAL'S SUSPENSION SUPERINTENDENT SUSPENSION

Students on principal suspension have the right to a CONFERENCE with the principal prior to suspension.

The principal must schedule the conference to occur within 5 days of suspension notice.

The student must remain in class pending the conference unless the student poses a continuing danger or disruption to school.

During the conference, the school must provide parents an opportunity to present the student’s version of the event and to question a school official or students who witnessed or were involved in the incident.

Students on superintendent's suspension have the right to a HEARING.

Reserved for more serious behavior than a principal suspension.

High school suspensions must be approved by the CEO of the DOE Office of Safety and Youth Development (OSYD). K-8 suspensions must be approved by the CEO/designee, community superintendent, or other designee of the chancellor.

During the hearing, students can have counsel, refuse to answer questions, present evidence and witnesses, question school’s witnesses.

School must provide a copy of student records and all materials relating to the suspension prior to the hearing date upon request. After the hearing, the officer must provide a written decision on whether the suspension has been upheld, canceled or shortened.

*SRP INTERNAL POST-HEARING SURVEY DATA School Policing & Discipline

ALTERNATIVES TO INSTRUCTION

All Students who are subject to a suspension must be provided with alternative instruction.

Types of Suspensions

Principal's Suspension

The home school will provide the student with alternative instruction in the home school.

Elementary and middle school students (grades K-8) will be given a fulltime instructional program. High school students (grades 9-12) will be given a minimum of two hours per day of instruction.

Superintendent's Suspension

Elementary students will be assigned to a “buddy school” where students will be given a full-time instructional program.

Students in grades 6-12 will be assigned to an Alternate Learning Center where they will be given a full-time instructional program

PROHIBITED BEHAVIOR

The DISCIPLINARY CODE describes the behaviors prohibited in schools and actions schools can take including suspensions.

The Code also explains support, interventions, and appeals for disciplinary decisions a school makes *It was created with input from principals, teachers, safety administrators, parents, students, and advocacy groups

Infractions by Grade Level

Grades K-5

Level 1 -Uncooperative / Noncompliant Behavior

Ex. Unexcused Absence, Being Late, Excessive Noise

Level 2 – Disorderly Behavior

Ex. Lying to School Personnel, Unwanted Physical Contact, Violating Internet Use Policy

Level 3 – Disruptive Behavior

Ex. Using Slurs, Possessing Property of Another, Vandalism

Level 4 – Aggressive or Injurious/Harmful Behavior

Ex. Physically Aggressive Behavior, Harassment, Threats of Violence

Level 5 – Seriously Dangerous or Violent Behavior

Ex. Inflicting Serious Injury, Possession of a Weapon

Grades 6-12

Level 1 -Uncooperative / Noncompliant Behavior

Ex. Cutting Class, Late, No ID

Level 2 – Disorderly Behavior

Ex. Possession of Tabacco, Gambling, Leaving School Without Permission

Level 3 – Disruptive Behavior

Ex. Vandalism, Using Slurs, Shoving/Pushing

Level 4 – Aggressive or Injurious/Harmful Behavior

Ex. Physically Aggressive Behavior, Posting Threats of Violence, Sexual Activity

Level 5 – Seriously Dangerous or Violent Behavior

Ex. Possession of a Weapon, Inflicting Serious Injury, Group Violence

H A T H A P P E N S W H E N C O P S A R E I N V O L V E D ?

When a student is believed to have committed a school-related crime, the police and the parent must be notified. Chancellor’s Regulation A-412. Schoolrelated crimes include that which were in or in front of the school or involve students or staff of the school.

Reporting

After a school-related crime, the school must write an NYPD Safety report which includes student names for felonies, misdemeanors, and incidents involving weapons, controlled substances and gang activity of criminal nature

No names will be included for incidents involving non-criminal possession of fireworks, non-criminal trespassing, loitering, disorderly conduct, and harassment (though the principal gives the SSA a description).

If an incident requires arrest, the SSA arrests student and musty notify parents. If parents cannot be reached the principle must send a member of school staff to accompany student to precinct (if permission is denied, a staff member must follow immediately to where the student was taken and remain with the student until no longer needed. If arrest is for posession of contraband, police will seize the items.

Arrest

W
S c h o o l P o l i c i n g & D i s c i p l i n e

INVESTIGATION

IF POLICE WISH TO INTERVIEW... Non-student school staff, witnesses, and victims STUDENTS

Principal must permit police to interview these people, but they cannot be compelled to submit to questioning

If parent does not object, principal must permit police to interview the student and principal must remain present.

Release of student information

A school can only release a student's record to NYPD/SSA's if there is a health and safety emergency or imminent danger, a court order, subpoena, or informed written consent from parents.

Imminent danger = active investigation of a violent crime where the student is a suspect or has critical information.

Principal must make every reasonable effort to contact parents before allowing police to interview a student IS CONTACT WITH PARENTS MADE?

IS THE STUDENT A SUSPECT?

Interview permitted if officer and principal agree there is a continued threat of imminent danger.

No interview (unless principal and police agree there are dangerous circumstances).

If the principal disagrees about the presence of danger, they must contact the Office of Legal Services.

If interview happens without parental consent, principal must be present but must not compel the student to submit to the interview.

NO
YES
YES NO
School Policing & Discipline

N A L T E R N A T I V E T O S U S P E N S I O N S

Restorative Justice in the School Setting

Preemption

Practice social-emotional learning and mental health literacy training to foster environments of inclusivity and understanding.

Response

Engage in a restorative practice that brings together all people impacted by an issue or behavior to communicate and work towards potential solutions going forward.

Reintegration

Assist students in the smooth transition back to school by engaging in a re-entry conference and identifying necessary support, with the goal of nurturing rather than alienating the student.

A
S c h o o l P o l i c i n g & D i s c i p l i n e
Suspension Representation Project (SRP) https://www.suspensionrepresentation.org/ Phone: (212) 998-6753 E-mail: suspension.representation@gmail.com Advocates for Children of New York (866) 427-6033 An attorney: See Defense Resources. WHO CAN YOU CONTACT FOR HELP? S c h o o l P o l i c i n g & D i s c i p l i n e

I E P ndividualized ducation

1

Upon evaluation, if the child is found to have a disability (per IDEA's definition), the child is eligible for services and an Individualized Education Plan (IEP) must be written.

3

The state must identify, locate, and evaluate all children with disabilities in the state who need special education.

2

When the school schedules an IEP meeting, it must

Notify parents of time, place, location, and participants of the meeting Notice should offer enough time for parents to plan to attend Schedule a time and place agreeable by parents and school Inform parents they can invite people who have particular knowledge about the child

K N O W Y O U
G
R R I
H T S : S P E C I A L E D
lan

IEP

At the IEP meeting, participants discuss and write the IEP. If parents disagree with the plan or placement, they can request mediation or complain to DOE and obtain a due process hearing.

4

5

The IEP team reviews the plan at least once per year and revises if necessary. Parents must be invited. If they are dissatisfied, additional testing, independent evaluation, mediation, hearing, and complaint to state education agency are available. Every three years, the child is reevaluated to determine whether they continue to have a disability.

Services are provided, and the child's progress is measured according to IEP, and parents are informed about progress against yearly goals 6

Continued...
School Policing & Discipline

S P E C I A L E D

Manifestation Determination Review (MDR)

How to prepare for an MDR?

Gather and review relevant documents: IEP or 504 Plan, information about the incident, MDR worksheet, documentation of child’s behavior, and report from child’s provider. Prepare notes of what you want to say during the meeting. Invite others who can support you or get Letters of Support

You can bring an attorney or advocate with you to the MDR. The school can invite (and you can ask the school to invite) teachers, a guidance counselor, your child’s paraprofessional (if he or she has one), and / or staff who saw the incident

A child CANNOT be removed from class or suspended for behavior caused by a student’s disability or when a district is not following a child’s IEP.

1. 2. 3. School Policing & Discipline

K N O W Y O U R R I G H T S : I M M I G R A N T S T U D E N T S

T H E B I G S I X

Right to School Right to Language

NY youth (ages 421) have the right to go to school regardless of his or her immigration status, or family’s immigration status.

Right to Choice Right to Information Right to Protection

Youth and their families have the right to be told if the student is at risk of suspension or repeating a grade.

If a student needs help learning English, they have the right to choose either a bilingual or English as a New Language (ENL) program.

Youth have the right to apply to public schools of their choice for elementary, middle, and high school.

Right to Equity & Inclusion

Youth and their families have the right to receive schoolrelated information translated into their preferred language.

Youth are entitled to receive an education without being discriminated because of their race, immigration status, country of origin, or ethnicity.

If you have a problem accessing your rights, you can call the Advocates for Children Helpline, or file a complaint by calling the DOE’s language access complaint line at (718) 935-2013.

Sc hool P ol i c i ng & Di s c i pl i ne

K N O W Y O U R R I G H T S :

F i n e s , F e e s & C o u r t C o s t s

N O B A I L M A Y B E S E T

F O R J U V E N I L E C A S E S

R I G H T T O F R E E D E F E N S E

A non-exhaustive list of free defense for children and young adults.

New York City

Legal Aid Society

Center for Appellate Litigation

The Family Center

Manhattan

New York County Defenders

Neighborhood Defender Service: Harlem

Brooklyn Brooklyn Defender Service

Bronx Bronx Defenders

Queens Queens Defenders

F i n e s , F e e s & C o u r t C o s t s K
N O W Y O U R R I G H T S : F R E E D E F E N S E

K N O W Y O U R R I G

H T S :

P r o b a t i o n & D i v e r s i o n

D I V E R S I O N ( U N D E R 1 8 )

D I V E R S I O N ( 1 8 - 2 5 )

Through diversion, youth can resolve their cases outside of the criminal system. Always speak with your lawyer when considering diversion.

First Appearance Diversion

Alternative-to-Detention programs keep youth out of incarceration as case progresses if the judge wants them to be in programming but does not believe they need detention.

Plea Agreement Diversion

Alternative-to-Incarceration or Adolescent Diversion Programs (1718 y-o) often require a guilty plea as well as a referral by a judge or by an assistant district attorney. Sentencing is deferred until after programming. Failure to comply with programs can result in prison sentences.

Trial Diversion

Youth Part courts are meant to take into account the factors of the child's life and development and often recommend services instead of incarceration.

K N O W Y O U R R I G H T S : D I V E R S I O N : U N D E R 1 8
P r o b a t i o n & D i v e r s i o n

Through diversion, youth can resolve their cases outside of the criminal system. Always speak with your lawyer when considering diversion.

Eligibility: Misdemeanors with some exceptions. Overseen by Brooklyn Justice Initiative, which (1) assesses the risk of reoffense for each young adult, (2) determines their needs, and (3) tailors programming to meet those needs.

Project Reset

Eligibility: Over 18, certain low-level, non-violent crimes. DA refers eligible cases to non-profit services rather than to court. Those eligible may consult with a defense attorney before deciding to participate, or at any point in the process.

Eligibility: 18-25, "non-violent" crimes. Judicially supervised program run through the Pretrial Services Office in the USDA. Participants voluntarily apply through the Pretrial office.

K N O W Y O U R R I G H T S : D I V E R S I O N : 1 8 - 2 4
Brooklyn Young Adult Court SDNY Young Adult Opportunity Program
P r o b a t i o n & D i v e r s i o n

K N O W Y O U R

R I G H T S :

C o l l a t e r a l

C o n s e q u e n c e s o f

H a v i n g a R e c o r d

R E - E N T E R I N G S C H O O L

R E - E N T E R I N G C O M M U N I T Y R E S O U R C E L I B R A R Y

Automatic Re-Enrollment

DOE must automatically register a student returning from detention or placement at their pre-arrest community school within 2 school days of discharge. Parents can advocate for transfer through DOE borough enrollment office. Student might have to be transferred due to an Order of Protection.

Students have the right to be enrolled at a DOE school when they go to a Family Welcome Center.

If a student returns during the same academic year, they have a right to be re-enrolled at that school.

If a family and the DOE have decided on transfer, the DOE must transfer student within 5 days of appearance at DOE enrollment office.

Family Welcome Center

DOE must provide records from Passages or East River to new school. If student has an IEP, DOE must provide appropriate placement and contact info to aid in creating a new IEP.

Paperwork

K
N O W Y O U R R I G H T S : S C H O O L R E - E N T R Y
C o l l a t e r a l C o n s e q u e n c e s o f H a v i n g a R e c o r d

Voting with a Record

ACLU of NY Guide to Voting with a Misdemeanor, Felony, on probation, and Parole.

Can vote while in jail for a misdemeanor or while on probation.

New Yorkers can vote after a felony conviction upon release from prison.

NYC Commission on Human Rights

Guide to working with a record.

NY Law Help Guide to Discrimination based on Record.

Employer CANNOT completely prohibit hiring those with criminal records. Employer CAN consider criminal record as part of job application.

Working with a Record

C o l l a t e r a l C o n s e q u e n c e s o f H a v i n g a R e c o r d K N O W Y O U R R I G H T S : C O M M U N I T Y R E - E N T R Y

Generation

NYC

R E - E N T R Y R E S O U R C E S

We have collected several know your rights guides on encounters with the police for young people. Biggest tips: stay silent.

Resources and opportunities including: internships & work, academic support, volunteering & enrichment, mentoring, and mental health.

Center for Court Innovation

Diversion opportunities, re-entry, and general services to youth and adults.

CASES: Re-Entry

Range of services for youth and adults for navigating re-entry and finding work, schooling, health care, and housing.

Exalt

Brooklyn Public Library

Classes for skill development, education support, placement in paid internships and an alumni network for systems-involved youth.

Variety of services for formerlyincarcerated patrons and connections to outside re-entry partners

C o l l a t e r a l C o n s e q u e n c e s o f H a v i n g a R e c o r d

W H A T I S T H E

P E E R D E F E N S E P R O J E C T ?

Calling on All Silent Minorities

HEY

C'MON COME OUT

WHEREVER YOU ARE

WE NEED TO HAVE THIS MEETING AT THIS TREE AIN' EVEN BEEN PLANTED YET

June Jordan

U R V I S I O N

A world where youth leaders dismantle systemic racism in schools, courts, and government with autonomy, institutional power, and material resources.

Youth-Led. Unapologetic. Inclusive. Healing. Intergenerational.

The Peer Defense Project is an intergenerational movement lawyering project that builds, incubates, and democratizes legal tools to support youth to build power in schools, courts, and government.

O
O
U R W O R K
O U
R V A L U E S

W H O A R E W E ?

Obrian Rosario (he/him) Executive Director of Outreach Aneth Naranjo (she/her) Executive Director of People’s Operations Sarah Medina Camiscoli (she/her) Executive Director of Strategy Anna Milliken (she/her) Abolition Fellow Maryam Salmonova (she/they) Paralegal of Movement Lawyering

W H A T W E D O

W E C O N V E N E Y O U T H . W E I D E N T I F Y I N J U S T I C E . W E I M A G I N E N E W S Y S T E M S . W E D E S I G N T O O L S F O R : L A W S U I T S C A M P A I G N S K N O W Y O U R R I G H T S M O D E L L E G I S L A T I O N L E G A L S C H O L A R S H I P 1 . 2 . 3 . 4 .
* C H E C K O U T O U R 2 0 2 2 * C H E C K O U T O U R 2 0 2 2 L E G A L T O O L K I T L E G A L T O O L K I T !!

PDP partnered with CUNY School of Labor and Urban Studies and the Judith S. Kaye School to found the inaugural cohort of Peer Defenders. Over twelve weeks, our team:

Completed a political education curriculum

Gained key insights into the Youth Punishment System

Created artistic analysis and abolition dreaming projects to present at a city-wide youth summit, Open Up the Cages

E L L O
2 0 2 2 F
W S H I P S

M O V E M E N T L A W Y E R I N G

P R A C T I C E

The Peer Defense Project shares and expands knowledge and access to the law to youth and with youth. First and foremost, as a youthled, intergenerational, project we lead through a model of movement lawyering.

We seek to democratize access to knowledge as well as the legal tools and spaces which have historically been racist, exclusive, and elitist.

BUILD YOUTH AUTONOMY

PROVIDE YOUTH LEGAL RESOURCES

BUILD YOUTH INSTITUTIONAL POWER

ANTI-RACIST PRACTICES

P D P ' S M O V E M E N T L A W Y E R I N G P R A C T I C E S

M O V E M E N T L A W K N O W L E D G E

As we build youth power and knowledge, we also engage with movement law.

Movement Law is a methodology for legal scholars to align with social movements. We grow understanding from people's experiences, collective learning, and resistance.

LOCATE RESISTANCE

UNDERSTAND EXISTING DYNAMICS

SHIFTING NOTIONS OF KNOWLEDGE

EMBODYING SOLIDARITY

M O V E M E N T L A W K N O W L E D G E

O P E N U P T H E

C A G E S : Y O U T H

A B O L I T I O N S U M M I T

A b o l i t i o n i s t B r e a k d o w n : W e h a v e a d a p t e d D e t r o i t

J u s t i c e C e n t e r ' s t h r e e - p r o n g e d s t r a t e g y o f " D e f e n s e ,

O f f e n s e , D r e a m i n g " f o r o u r s u m m i t , a g r e e i n g t h a t w e

n e e d a l l t h r e e a n g l e s f o r a b o l i t i o n i s t o r g a n i z i n g .

D e f e n s e : M o v e m e n t L a w y e r i n g

& A b o l i t i o n P a n e l

O f f e n s e : P r e s e n t a t i o n b y P D P

Y o u t h F e l l o w s &

A r t i s t - i n - R e s i d e n c e

D r e a m i n g : O n T h e s e G r o u n d s

S c r e e n i n g a n d D i s c u s s i o n

H o s t e d b y G i r l s f o r G e n d e r

E q u i t y

S P E C I A L T H A N K S !

W e w a n t t o g i v e a s p e c i a l s h o u t o u t t o s o m e f o l k s w h o h e l p e d u s c o m p i l e t h i s e d i t i o n , p a r t i c i p a t e d

i n o u r i n a u g u r a l s u m m i t , o r w h o h a v e s u p p o r t e d t h e P e e r D e f e n s e P r o j e c t i n o u r f i r s t y e a r :

I n t e g r a t e N Y C

G i r l s f o r G e n d e r E q u i t y ( G G E )

M a d i s o n P e r e z , Y a n e y s i C a b r a l , S h a l i y a h J o h n s o n ,

a n d t h e J u d i t h S . K a y e S c h o o l

C U N Y S c h o o l o f L a b o r a n d U r b a n S t u d i e s

T h e N Y U S t u d e n t R e p r e s e n t a t i o n P r o j e c t

T h e Y a l e U n d e r g r a d u a t e P r i s o n P r o j e c t

Y o u t h A l l i a n c e f o r H o u s i n g

T h e M o v e m e n t S t r e e t O r g a n i z a t i o n

J e w e l s b y k a d

S t r a t e g y f o r B l a c k L i v e s

S c i C i t y a n d M s . K y e s h a R u f f i n

Y o u t h P o w e r C o a l i t i o n

J a z i m a t i o n s

U r b a n Y o u t h C o l l a b o r a t i v e

P o l i c e F r e e S c h o o l s C a m p a i g n

P S 1 3 2 P a r e n t s 4 C h a n g e

C o a l i t i o n f o r E d u c a t i o n a l J u s t i c e

M o r e T e a c h e r s U n i o n

S O U R C E S

Introduction

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ScienceDirect, https://doi.org/10.1016/j.cpr.2013.01.007.

LANGUAGE: Don't You Mean Juvenile Justice?

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HISTORY: How Long Has New York Criminalized Children?

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46. New York State Senate. “Raise the Age Supporters .” New York Senate, 12 Feb. 2017, www.nysenate.gov/newsroom/articles/velmanettemontgomery/senate-democratic-conference-continuescomprehensive; Campaign for Youth Justice. “Raise the Age Campaign.” Campaign for Youth Justice,

www.campaignforyouthjustice.org/campaigns/item/newyork-and-north-carolina-are-the-last-states-to-raise-the-ageof-which-children-can-be-funneled-through-their-adult-jailsand-prisons; Fink, Janet R. Raising the Age of Criminal Responsibility and Related Legislation in NYS: A Brief Summary of Legislation Enacted in 2017. New York State Unified Court System, Dec. 2017; “Raise the Age.” Office for Justice Initiatives, https://ww2.nycourts.gov/ip/oji/raisetheage.shtml. Accessed 12 Apr. 2022; Powell, LaToya B. “New York Just Passed ‘Raise the Age’ Legislation That Strikes a Similar Approach to Juvenile Crime As North Carolina’s Proposed HB 280.” On the Civil Side, Apr. 2017, https://www.sog.unc.edu/blogs/civil-side/newyork-just-passed-%E2%80%9Craise-age%E2%80%9Dlegislation-strikes-similar-approach-juvenile-crime-northcarolina; “Raise the Age.” Office for Justice Initiatives, https://ww2.nycourts.gov/ip/oji/raisetheage.shtml. Accessed 12 Apr. 2022.

47. Seib, Al. No Cops in Schools Protest. New York City, 16 June. 2020. https://www.gettyimages.com/detail/newsphoto/students-and-community-members-listen-to-speakerson-the-news-photo/1221923531?adppopup=true; Jonell Joshua. “Child with SROs.” NPR, NPR, 23 June 2020, www.npr.org/2020/06/23/881608999/why-theres-a-push-toget-police-out-of-schools; “How to Interact with Police in New York City Public Schools.” New York Civil Liberties Union, 14 Feb. 2017, https://www.nyclu.org/en/know-your-rights/howinteract-police-new-york-city-public-schools; Bailey, Jamaal T. Bill S4051A. S4051A, 28 May 2021, https://www.nysenate.gov/legislation/bills/2021/s4051/amen dment/a.

ROADMAPS: How Does the System Work?

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PEOPLE FIRST: How Does the System Harm People?

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90. Performing Statistics, et al. No Kids in Prison. 2021, https://www.nokidsinprison.org/experience/.

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95. “What Is the PIC? What Is Abolition?” Critical Resistance, criticalresistance.org/mission-vision/not-so-commonlanguage. Accessed 7 Apr. 2022; Baker, Brea. “Why I Became an Abolitionist.” Harper’s BAZAAR, 10 Dec. 2020, www.harpersbazaar.com/culture/politics/a34473938/why-ibecame-an-abolitionist.

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99. “What Is the Pic? What Is Abolition?” Critical Resistance, https://criticalresistance.org/mission-vision/not-so-commonlanguage/; Reformist Reforms vs. Abolitionist Steps to End Imprisonment. https://criticalresistance.org/wpcontent/uploads/2021/08/CR_abolitioniststeps_antiexpansion _2021_eng.pdf.

100. Reformist Reforms vs. Abolitionist Steps to End Imprisonment. https://criticalresistance.org/wpcontent/uploads/2021/08/CR_abolitioniststeps_antiexpansion _2021_eng.pdf.

101. Reformist Reforms vs. Abolitionist Steps to End Imprisonment. https://criticalresistance.org/wpcontent/uploads/2021/08/CR_abolitioniststeps_antiexpansion _2021_eng.pdf.

ABOLITION?: Tinker with It? Or Tear It Down?

102. Reformist Reforms vs. Abolitionist Steps to End Imprisonment. https://criticalresistance.org/wpcontent/uploads/2021/08/CR_abolitioniststeps_antiexpansion _2021_eng.pdf.

103. Reformist Reforms vs. Abolitionist Steps to End Imprisonment. https://criticalresistance.org/wpcontent/uploads/2021/08/CR_abolitioniststeps_antiexpansion _2021_eng.pdf.

104. Reformist Reforms vs. Abolitionist Steps to End Imprisonment. https://criticalresistance.org/wpcontent/uploads/2021/08/CR_abolitioniststeps_antiexpansion _2021_eng.pdf.

105. “NYC Transformative Justice Hub.” Project NIA, https://project-nia.org/nyc-transformative-justice-hub; “Youth First - End Youth Incarceration.” Youth First - End Youth Incarceration, https://www.nokidsinprison.org/; “Performing Statistics.” Performing Statistics, https://www.performingstatistics.org/; “Youth First - End Youth Incarceration.” Youth First - End Youth Incarceration, https://www.nokidsinprison.org/; Detroit Justice Center, and Designing Justice + Designing Spaces. “Restorative Justice Youth Design Summit.” Issuu, 29 Aug. 2019, issuu.com/detroitjusticecenter/docs/fail_jail_youth_design_su mmit_report___final.

106. “The Abolitionist Youth Organizing Institute (Ayo, NYC!).” Chuffed, https://chuffed.org/project/the-abolitionist-youthorganizing-institute; AYO, NYC! “Cosmic Possibilities: An Intergalactic Youth Guide to Abolition.” Issuu, 19 Apr. 2021, issuu.com/projectnia/docs/_2021__ayo-final-combined/132.

107. Performing Statistics, et al. “#NoKidsinPrison.” No Kids in Prison, www.nokidsinprison.org/experience/.

108. Detroit Justice Center, and Designing Justice + Designing Spaces. “Restorative Justice Youth Design Summit.” Issuu, 29 Aug. 2019, issuu.com/detroitjusticecenter/docs/fail_jail_youth_design_su mmit_report___final. KNOW YOUR RIGHTS: What Can I Do? 110. Hughes, Langston. “I Look at the World.” Poetry Magazine, no. January 2009, https://www.poetryfoundation.org/poetrymagazine/poem s/52005/i-look-at-the-world. Poetry Foundation. Accessed 13 Apr. 2022.

112. “Court-Involved Youth. ” NYC Department of Education, https://www.schools.nyc.gov/schoollife/special-situations/court-involved-youth. Accessed 13 Apr. 2022; Education Chapter 16, Title 4, Article 65, Part 1, Section 3206: Attendance of Minors upon Full Time Day

Instruction.

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113. “Welcome to ReStart Academy. ” Restart Academy, https://www.restartacademy.org/. Accessed 13 Apr. 2022. AFC’s Guide for Court-Involved Students. 2019, https://www.advocatesforchildren.org/sites/default/files/l ibrary/court involved youth guide.pdf?pt=1.

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116. See Links on Page.

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119. See Links on Page.

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123. “Raise the Age.” Office for Justice Initiatives, https://ww2.nycourts.gov/ip/oji/raisetheage.shtml.

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127. See Links on Page.

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Data

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criminal-record; Malalis, Carmelyn P. Criminal History?

You Can Work With That: A Worker’s Guide to Criminal

History Protections Under the New York City Human Rights

Law. NYC Commission on Human Rights,

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155. “The Peer Defense Project.” IntegrateNYC, 13 Apr. 2022, https://integratenyc.org/peer-defense-project.

156. Amna A. Akbar, Sameer M. Ashar, and Jocelyn Simonson, Movement Law, 73 Stanford Law Review. (2021)

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159. See Links on Page.

161. Stanford Law School and Amanda Alexander. Defense, Offense, and Dreaming: Movement Lawyering in the Black Lives Matter Era. 2020. YouTube, https://www.youtube.com/watch? v=DEtIWpmQOis.

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