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
adrienne maree brown1 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.
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. "
Nancy E. Dowd
Black Lives Matter: Trayvon Martin, The Abolition of Juvenile Justice and #BlackYouthMatter (2020)
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.
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.
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.
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?
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.
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.
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.
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"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."
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 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 ?
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
A p r o s e c u t i n g a t t o r n e y f r o m t h e N e w Y o r k C i t y L a w D e p a r t m e n t w h o p r e s e n t s j u v e n i l e d e l i n q u e n c y c a s e s .
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
A l e g a l / p r o s e c u t i o n p r a c t i c e i n w h i c h t h e f o c u s i s r e h a b i l i t a t i o n a n d p r o b l e m - s o l v i n g . S e e n i n s p e c i a l i z e d c o u r t s , l i k e d r u g c o u r t s .
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 .
T h e s u p e r v i s i o n o f o n e a r r e s t e d f o r , c o n v i c t e d o f , o r s e n t e n c e d f o r c r i m i n a l o f f e n s e s
O u r W o r d s
A c t /
C r i m i n a l i z e d
B e h a v i o r
P r o s e c u t o r /
D i s t r i c t
A t t o r n e y
P r o s e c u t o r
T r e a t m e n t
I n d u s t r i a l
C o m p l e x
C o n v i c t ( v . )
I n c a r c e r a t i o n /
I m p r i s o n m e n t
P u n i s h m e n t
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
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.
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.
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.
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-
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.
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.
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.
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.
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.
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")
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 ?
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 ?
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, 2020We 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."
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
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.
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.
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
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.
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 FeloniesWhat 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).
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 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.
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.
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.
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.
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.
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.
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.
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
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.
* 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.
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 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.
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.
Gwendolyn Brooks, 1981The 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."
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.
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.
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
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
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.
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.
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.
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.
Any contact with the youth criminal system can cause harm, regardless of the extent or outcome.
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.
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.
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.
Having a record can impact youth's ability to find work and pursue education, secure housing, or receive public benefits.
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.
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.
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.
Among incarcerated youth, the rate of PTSD is up to 15 times higher. More than 85 percent of incarcerated girls have experienced sexual abuse.
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.
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
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
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 -
In the 90s, courts started acting like they treat people. Some people don't think so. Watch this video on the Treatment-Industrial Complex.
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
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
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.
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
What else does justice mean to you?
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
Accountability and transformation for people who have harmed
Community action, healing, and accountability
Transformation of the social conditions that perpetuate violence
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 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."
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
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
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."
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?
Imprisonment: Building “closer to home,” or “nicer”, “rehabilitative” alternatives to existing jails or prisons
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.
“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.
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.
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.
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)
#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
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.
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 HughesD 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 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 .
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.
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.
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.
"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.
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
R A I S E T H E A G E T R A N S F E 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.
The kind of court determines what kinds of rights youth have, as well as their court experience and record.
Raise the Age Legislation took full effect in 2019 and gave new rights to youth in the New York State carceral system.
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.
The complex diagram below shows how 16and 17-year- olds are treated in the New York carceral system as of October 1, 2019.
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
While all misdemeanors and cases for those under 16 automatically go to Family Court, some other cases can transfer there.
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.
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.
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).
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
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.
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.
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.”
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.
BOTH types of suspension require the school to notify the parents
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.
All Students who are subject to a suspension must be provided with alternative instruction.
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
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
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
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.
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.
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.
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.
Practice social-emotional learning and mental health literacy training to foster environments of inclusivity and understanding.
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.
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.
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
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
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 & DisciplineK 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
NY youth (ages 421) have the right to go to school regardless of his or her immigration status, or family’s immigration status.
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.
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.
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
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.
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.
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.
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
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.
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.
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
Generation
NYC
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
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
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.
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
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
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
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
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
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
Introduction
2. brown, adrienne maree. Radical Gratitude Spell. 20 Feb. 2018, https://adriennemareebrown.net/2018/02/20/radicalgratitude-spell/comment-page-1/#comments.
6. Nancy E. Dowd. Black Lives Matter: Trayvon Martin, The Abolition of Juvenile Justice and #BlackYouthMatter (2020); The Family of Trayvon Martin. “Photo of Trayvon Martin.”
Orlando Sentinel, www.orlandosentinel.com/news/trayvonmartin-george-zimmerman/os-trayvon-martin-pictures20120328-photogallery.html.
8. Wendy Sawyer. Youth Confinement: The Whole Pie 2019 (December 17, 2019).
https://www.prisonpolicy.org/reports/youth2019.html; New York Profile (2019).
https://www.prisonpolicy.org/profiles/NY.html; JeffreyButts.
“New York’s ‘Close to Home’ Initiative – Did It Work?” Jeffrey Butts, 14 Jan. 2019, jeffreybutts.net/2015/03/21/researchbrief201503;
9. NYC ACS. NYC Administration for Children Services 20th Anniversary Logo. Https://www1.Nyc.gov/Site/Acs/about/Events/2016/Mileston es/Twenty.page; Robbins, Liz. “Another Chance for Mone't. ”
The New York Times, The New York Times, 4 May 2013,
www.nytimes.com/2013/05/05/nyregion/program-keepstroubled-new-york-youth-close-to-home.html?
pagewanted=all&_r=2; Confessore, Nicholas. “Treatment of Youths in New York Prisons Spurs Suit. ” The New York Times, The New York Times, 31 Dec. 2009, www.nytimes.com/2009/12/31/nyregion/31juvenile.html;
OCFS. “Close to Home | Division of Youth Development and Partnerships for Success | OCFS.” OCFS, ocfs.ny.gov/programs/rehab/close-tohome/#:%7E:text=Close%20to%20Home%20is%20a,%2D12%2 C%20Governor%20Andrew%20M. Accessed 11 Apr. 2022.
“NYCLU Lawsuit Secures Historic Reforms to Solitary
Confinement. ” New York Civil Liberties Union, 25 Feb. 2014, www.nyclu.org/en/press-releases/nyclu-lawsuit-secureshistoric-reforms-solitary-confinement.
Ransom, Jan, and Nikita Stewart. “7 Key Questions as New York Moves Teenagers Out of Rikers.” The New York Times, 28 Sept. 2018, www.nytimes.com/2018/09/28/nyregion/nycteenagers-rikers-island.html; New York State Raise the Age (RTA) Implementation Task Force. Final Report. https://www.ny.gov/sites/default/files/atoms/files/FINAL_Re port Raise the Age Task Force 122220.pdf.
10. Lambie, Ian, and Isabel Randell. “The Impact of Incarceration on Juvenile Offenders.” Clinical Psychology
Review, vol. 33, no. 3, Apr. 2013, pp. 448–59. ScienceDirect, https://doi.org/10.1016/j.cpr.2013.01.007.
11. Picker, Les. “Juvenile Incarceration and Later Criminal Activity.” NBER, no. 10, Oct. 2013, https://www.nber.org/digest/oct13/juvenile-incarcerationand-later-criminal-activity; Lambie, Ian, and Isabel Randell.
“The Impact of Incarceration on Juvenile Offenders.” Clinical Psychology Review, vol. 33, no. 3, Apr. 2013, pp. 448–59.
ScienceDirect, https://doi.org/10.1016/j.cpr.2013.01.007.
13. Carceral, Undone by Harmony Holiday. https://www.poetryfoundation.org/poetrymagazine/poems/15 2944/carceral-undone.
14. Fay Honey Knopp. Instead of Prisons: A Prison Abolitionist's Handbook (1976).
15. Bryant, Erica. “Why We Say ‘Criminal Legal System,’ Not ‘Criminal Justice System.’” Vera Institute of Justice, 1 Dec. 2021, https://www.vera.org/news/why-we-say-criminallegal-system-not-criminal-justice-system; Loccisano, Michael. New York City Middle Schools Reopen For In-Person Learning. New York City, 25 Feb. 2021, www.gettyimages.com/detail/news-photo/an-nypd-schoolsafety-officer-ushers-a-student-in-for-a-newsphoto/1304048363?adppopu
venile Detention Center. ” WUWM 89.7 FM, https://Www.wuwm.com/Regional/2016-03-03/beforeLincoln-Hills-Scandal-Racine-County-Started-Relying-Lesson-Juvenile-Prison.
16. “Abolish.” Merriam-Webster.com Dictionary, MerriamWebster, https://www.merriamwebster.com/dictionary/abolish. Accessed 12 Apr. 2022; Aghayev, Gunduz. Image: “Dictatorship.” Facebook, 25 Apr. 2016, www.facebook.com/141912312544450/photos/a.66916778981 8897/1085363698199302.
20. Hooks, Mary. “Mary Hooks, ‘What Is the Prison Industrial Complex?".” YouTube, Critical Resistance, 14 Dec. 2017, www.youtube.com/watch?v=QtLCJc1E6Ls.
21. FindLaw Staff. “New York Consolidated Laws, Penal LawPEN § 10.00 Definitions of Terms of General Use in This Chapter.” Findlaw, 1 Jan. 2021,
https://codes.findlaw.com/ny/penal-law/pen-sect-1000.html; “Juvenile Delinquency | New York City Family Court.” NYCOURTS.Gov,
https://ww2.nycourts.gov/COURTS/nyc/family/faqs_juvenile.s html. Accessed 12 Apr. 2022; “Stages in the Family Court Case.” Suffolk County Government, https://www.suffolkcountyny.gov/Departments/Probation/Fa mily-Court-Probation. Accessed 12 Apr. 2022; “Ajudicate.”
Legal Glossary | NYCOURTS.GOV,
https://nycourts.gov/courthelp/GoingToCourt/glossary.shtml; Accessed 12 Apr. 2022; “Placement.” Legal Glossary | NYCOURTS.GOV,
https://nycourts.gov/courthelp/GoingToCourt/glossary.shtml. Accessed 12 Apr. 2022; “Corrections.” Bureau of Justice Statistics, https://bjs.ojp.gov/topics/corrections. Accessed 12 Apr. 2022; Brave New Films, director. Society's Parasite: A Look Inside The Treatment Industrial Complex. Brave New Films, www.bravenewfilms.org/treatmentcomplex.
HISTORY: How Long Has New York Criminalized Children?
23. Lopez, Kyle Carrero. “After Abolition.” The Nation, Oct. 2020. www.thenation.com,
https://www.thenation.com/article/culture/after-abolition/.
24. “Hammurabi - Laws, Code & Facts.” Biography, 9 Oct. 2014,
https://www.biography.com/political-figure/hammurabi; “History of Crime & Punishment | How Criminology Has Evolved.” Volo Museum, 8 Apr. 2020, https://www.volocars.com/blog/history-of-crime-andpunishment.
25. Marsh, Courtney. “Honoring the Global Indigenous Roots of Restorative Justice: Potential Restorative Approaches for Child Welfare.” Center for the Study of Social Policy, Nov. 2019,
https://cssp.org/2019/11/honoring-the-global-indigenousroots-of-restorative-justice/; Capstick, Lily. “The 5 R’s of Restorative Justice.” Conflict Center, 12 Sept. 2019,
https://conflictcenter.org/the-5-rs-of-restorative-justice/; Mallon, Dave. “Restorative Justice Practices in Tribal Courts |.” Pine Tree Legal Assistance, 9 Oct. 2013, https://ptla.org/wabanaki/restorative-justice-practices-tribalcourts.
26.“The Use of Prisons to Punish and Reform in the 19th Century.” Attitudes to Punishment | BBC Bitesize, https://www.bbc.co.uk/bitesize/guides/z8bd3k7/revision/6. Accessed 12 Apr. 2022; Pitts, Brenda. “How the 13th Amendment Kept Slavery Alive: Perspectives From the Prison Where Slavery Never Ended.” Innocence Project, 17 Sept. 2021, https://innocenceproject.org/13th-amendment-slavery-prisonlabor-angola-louisiana/.
27. PBS. Slavery and the Making of America Episode 1: “The Downward Spiral.” 2004,
https://www.thirteen.org/wnet/slavery/about/p_transcript1.h tml. Educational Broadcasting Corporation; Ellison, Katherine. “Too Young for Life without Parole.” Los Angeles Times, 15 Mar. 2012, https://www.latimes.com/opinion/la-xpm-2012mar-15-la-oe-ellison-sentence-20120315-story.html;
“November 6, 1646 – Massachusetts Enacts Punishment for Bad 16-Year-Old Boys.” Legal Legacy, 6 Nov. 2020, https://legallegacy.wordpress.com/2020/11/06/november-61646-massachusetts-enacts-punishment-for-bad-16-year-oldboys/; “1664 September 08: New Amsterdam Becomes New
York.” This Day in History, https://www.history.com/this-dayin-history/new-amsterdam-becomes-new-york. Accessed 12 Apr. 2022.
28. “Slavery under British Rule.” Black New York, https://macaulay.cuny.edu/seminars/henken08/articles/s/l/a/ Slavery_under_British_Rule_860c.html. Accessed 13 Apr. 2022; New-York Historical Society. “Wire Sculpture by Deryck Fraser, 2005. .” Remembering "Slavery in New York": A Special Installation, New-York Historical Society, www.nyhistory.org/exhibitions/remembering-slavery-newyork-special-installation.
29. Owusu, Tony. The Hidden History of Wall Street's Slave Market. TheStreet, TheStreet, 3 Feb. 2021, www.thestreet.com/investing/wall-street-legacy-in-slavery; “Slave Market at the Foot of Wall Street, 1730s.” NYC Urbanism, www.nycurbanism.com/blog/2019/6/18/a-shorthistory-of-slavery-in-nyc;Horsmanden, Daniel and Gilder Lehrman Institute of American History. “The New York Conspiracy of 1741.” History Resources, https://www.gilderlehrman.org/history-resources/spotlightprimary-source/new-york-conspiracy-1741. Accessed 12 Apr. 2022.
30. Nuns and Children at a Native Boarding School. The Atlantic,
www.theatlantic.com/newsletters/archive/2019/03/familyweekly-200th-anniversary-civilization-fund-act/584461/;
“When Did Slavery End in New York State?” New York Historical Society,
https://www.nyhistory.org/community/slavery-end-newyork-state. Accessed 12 Apr. 2022; Mar. 3, 1819 | Congress Allocates Funds to “Civilize” Native American People. https://calendar.eji.org/racial-injustice/mar/03. Accessed 12 Apr. 2022.
31. The Miriam and Ira D. Wallach Division of Art, Prints and Photographs: Picture Collection, The New York Public Library. "N.Y. House of Refuge, 1832" The New York Public Library Digital Collections. 1864.
https://digitalcollections.nypl.org/items/510d47e0-d37ba3d9-e040-e00a18064a9; “OUR CITY CHARITIES: The NewYork House of Refuge for Juvenile Delinquents.” The New York Times, 23 Jan. 1860, p. 2. NYTimes.com, https://www.nytimes.com/1860/01/23/archives/our-citycharities-the-newyork-house-of-refuge-for-juvenile.html; Benton, Ned. “Dating the Start and End of Slavery in New York.” New York Slavery Records Index, https://nyslavery.commons.gc.cuny.edu/dating-the-start-andend-of-slavery-in-new-york/. Accessed 12 Apr. 2022.
32. Unknown. New York Juvenile Asylum, newyorkjuvenileasylum.com/; “Fernando Wood.” U.S. National Park Service,
https://www.nps.gov/people/fernandowood.htm. Accessed 12 Apr. 2022; Performing Statistics, et al. No Kids in Prison. 2021,
https://www.nokidsinprison.org/experience/; “New York Juvenile Asylum.” Records of the New York Juvenile Asylum, https://newyorkjuvenileasylum.com/. Accessed 12 Apr. 2022.
33. King's Handbook of New York City: An Outline History and Description of the American Metropolis, by Moses King, S.n., 1893, p. 431. British Library, www.flickr.com/photos/britishlibrary/11127845573; Collage, by #NoKidsInPrison, 2021,
https://www.nokidsinprison.org/experience/; Roffe, Sarina. Juvenile Detention in New York - Then and Now.
http://www.correctionhistory.org/html/chronicl/djj/djj20yrs3 .htm. Juvenile Detention in New York: Then and Now, John Jay College of Criminal Justice. Accessed 12 Apr. 2022.
34. The Graduating Class at Carlisle Indian Industrial School, New-York tribune. (New York [N.Y.]), 21 March 1906. Chronicling America: Historic American Newspapers. Library. of Congress.
https://chroniclingamerica.loc.gov/lccn/sn83030214/190603-21/ed-1/seq-4/; Bain News Service, Publisher. Children's Court. [No Date Recorded on Caption Card] Photograph. Library of Congress, www.loc.gov/item/2014682059/; “Carlisle Indian School Project.” Carlisle Indian School Project, https://carlisleindianschoolproject.com/. Accessed 12 Apr. 2022.
35. Members of the Supreme Court, 1967. Collection of the Supreme Court of the United States.
https://juvenilecompetency.virginia.edu/legal-precedents/regault; "In re Gault." Oyez, www.oyez.org/cases/1966/116. Accessed 12 Apr. 2022; “Constitutional Rights for Defendants in the Juvenile Justice System.” Justia, 28 May 2019, https://www.justia.com/criminal/offenses/othercrimes/juvenile-crimes/constitutional-rights-for-juveniledefendants/; “In re.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriamwebster.com/dictionary/in%20re. Accessed 12 Apr. 2022.
36. Salcedo, Sylvester L. “The War on Drugs Is a Platform for Racial Inequality and Unchecked Police Brutality.” CT Mirror, CT Mirror, 5 Mar. 2022, ctmirror.org/2020/06/05/sylvester-lsalcedo/; White House Photographic Office. 1981-1989.
“Photograph of Mrs. Reagan Speaking at a ‘Just Say No’ Rally in Los Angeles.” National Archives Catalog, catalog.archives.gov/id/198584; Tasnadi, Charles. “US Nixon Gun Control.” AP Images, Associated Press, www.apimages.com/metadata/Index/US-Nixon-GunControl/aa8b80d805d64edf9954cc658f0102dc/28/0; “War on Drugs - Timeline in America, Definition & Facts.” History, 31
May 2017, https://www.history.com/topics/crime/the-waron-drugs; Cullen, James. “The History of Mass Incarceration.”
Brennan Center for Justice, July 2018,
https://www.brennancenter.org/our-work/analysisopinion/history-mass-incarceration.
37. Hirschfeld, Neal, and Michael Daly. “He's 15 and He Likes to Kill—Because It's Fun .” New York Daily News, 29 June 1978, Accessed: The Marshall Project, 2020,
https://www.themarshallproject.org/2020/11/20/superpredat or-the-media-myth-that-demonized-a-generation-of-blackyouth; Krajicek , David J. “Birthright of Violence .” New York Daily News; Butterfield, Fox. All God's Children: The Bosket Family and the American Tradition of Violence. Perennial, 2002, www.google.com/books/edition/_/l23Hq7RWuesC?
hl=en&sa=X&ved=2ahUKEwjcueORl_H2AhXVjIkEHd m6ARgQre8FegQIJBAG; Hochman, Sasha. “Raise the Bar on Raise the Age: Ending Child Prosecution in Adult Courts.”
Columbia Undergraduate Law Review, Feb. 2022,
https://www.culawreview.org/journal/raise-the-bar-on-raisethe-age-ending-child-prosecution-in-adult-courts; Hager, Eli. “The Willie Bosket Case.” The Marshall Project, Dec. 2014, https://www.themarshallproject.org/2014/12/29/the-williebosket-case; Butterfield, Fox. All God’s Children: The Bosket Family and the American Tradition of Violence. 0 edition, Harper Perennial / Avon, 1996.
38. Hager, Eli. “The Willie Bosket Case.” The Marshall Project, Dec. 2014,
https://www.themarshallproject.org/2014/12/29/the-williebosket-case; Stephen A. Newman, Foreword: The Past, Present, and Future of Juvenile Justice Reform in New York State, 56 N.Y.L. Sch. L. Rev. 1264 (2011-2012); "In re Gault." Oyez, www.oyez.org/cases/1966/116. Accessed 12 Apr. 2022; Castillo,
Angel. “Juvenile Offenders In Court: The Debate over Treatment.” The New York Times, The New York Times 24 July 1981, www.nytimes.com/1981/07/24/nyregion/juvenileoffenders-in-court-the-debate-over-treatment.html?smid=urlshare; Farber, M.A. “Officials Split over Merit of Law Treating Young Felons as Adults; Voted at 1978 Special Session Officials Split on Juvenile Offender Law Former Officials Critical Little Change Seen Most Arrests in City Burglary Cases Shunned.” The New York Times, The New York Times, 4 Dec. 1980,
www.nytimes.com/1980/12/04/archives/officials-split-overmerit-of-law-treating-young-felons-as-adults.html; Fortas, Abe. In Re Gault, 1967. https://njdc.info/practice-policyresources/united-states-supreme-court-juvenile-justicejurisprudence/in-re-gault/; Rule, Sheila. “Albany Senate Passes Measure to Stiffen Juveniles' Sentences.” The New York Times, The New York Times, 21 June 1978,
www.nytimes.com/1978/06/21/archives/new-jersey-pagesalbany-senate-passes-measure-to-stiffen-juveniles.html.
39. Harris, Aisha, and Brad Ogbonna. “The Central Park Five: 'We Were Just Baby Boys'.” The New York Times, The New York Times, 30 May 2019, www.nytimes.com/2019/05/30/arts/television/when-theysee-us.html; DuVernay, Ava, et al. When They See Us, Netflix, 31 May 2019; Eastin, James. “The Five Defendants in the Central Park Rape Case of a Female Jogger Waiting for the Ruling in February 1990 in State Supreme Court in Manhattan.” The New York Times, The New York Times, www.nytimes.com/2014/06/20/nyregion/5-exonerated-incentral-park-jogger-case-are-to-settle-suit-for-40million.html; Donald Trump. “Bring Back The Death Penalty. Bring Back Our Police!” Multiple New York City Newspapers, May 1989,
https://www.nytimes.com/2019/06/18/nyregion/centralpark-five-trump.html; New York Daily News. “Daily News Front Page April 21, 1989, Headline: CENTRAL PARK HORRORWOLF PACK'S PREY .” Getty Images, New York Daily News Archive, www.gettyimages.com/detail/news-photo/dailynews-front-page-april-21-headline-central-park-horror-newsphoto/135657153; New York Daily News. “Daily News Front Page April 22, 1989, Headline: WILDING' TEENS HELD IN RAPE -7 are called part of wolf pack..” Getty Images, New York Daily News Archive, www.gettyimages.com/detail/newsphoto/daily-news-front-page-april-21-headline-central-parkhorror-news-photo/135657153; “Central Park Five: Crime, Coverage & Settlement.” HISTORY, 14 May 2019, https://www.history.com/topics/1980s/central-park-five.
40. Paqin, Denis, and AP Photo. “President Bill Clinton Signs the $30 Billion Crime Bill during a Ceremony on the South Lawn of the White House in Washington on Sept. 13, 1994.” ABC News, abcnews.go.com/Politics/inside-controversial-1994crime-bill-plaguing-clinton-campaign/story?id=38313757; Crowley, Stephen. “Senator Joseph R. Biden Jr., Center, in 1994 as Chairman of the Senate Judiciary Committee, during a Debate on the Crime Bill.” The New York Times, The New York Times, www.nytimes.com/2015/08/22/us/politics/joe-bidensrole-in-90s-crime-law-could-haunt-any-presidentialbid.html; Dilulio Jr.,John J."Moral Poverty: The Coming of the Super-Predators" The Weekly Standard, Nov 27, 1995, pp. 23. https://search.opinionarchives.com/TWS_Web/DigitalArchive. aspx?panes=2; Annin, Peter. "'Superpredators' Arrive: Should we Cage the New Breed of Vicious Kids?" Newsweek, vol. 127, no. 4, Jan 22, 1996, pp. 57. ProQuest, https://www.proquest.com/magazines/superpredatorsarrive/docview/1866759174/se-2?accountid=15172;
Dilulio Jr.,John J."Moral Poverty: The Coming of the SuperPredators should Scare Us into Wanting to Get to the Root Causes of Crime a Lot Faster." Chicago Tribune (1963-1996), Dec 15, 1995, pp. 1, ProQuest,
https://www.proquest.com/historical-newspapers/moralpoverty/docview/2054700893/se-2?accountid=15172; Bogert, Carroll, and Lynnell Hancock. “Superpredator: The Media Myth That Demonized a Generation of Black Youth.” The Marshall Project, The Marshall Project, 20 Nov. 2020, www.themarshallproject.org/2020/11/20/superpredator-themedia-myth-that-demonized-a-generation-of-black-youth; Brooks, Jack. Violent Crime Control and Law Enforcement Act of 1994. H.R.3355, 13 Sept. 1994,
https://www.ncjrs.gov/txtfiles/billfs.txt;
41. American Civil Liberties Union. 2006, Custody and Control: Conditions of Confinement in New York’s Juvenile Prisons for Girls.
https://www.aclu.org/report/custody-and-controlconditions-confinement-new-yorks-juvenile-prisons-girls; Sawyer, Wendy. Youth Confinement: The Whole Pie 2019. Prison Policy Initiative,
https://www.prisonpolicy.org/reports/youth2019.html.
Accessed 12 Apr. 2022; Feldman, Cassi. “State Facilities’ Use of Force Is Scrutinized After a Death.” The New York Times, 4 Mar. 2007. NYTimes.com,
https://www.nytimes.com/2007/03/04/nyregion/04detention .html; Girls Abused in New York’s Juvenile Prisons, Say ACLU and Human Rights Watch. American Civil Liberties Union, 25 Sept. 2006, https://www.aclu.org/press-releases/girls-abusednew-yorks-juvenile-prisons-say-aclu-and-human-rightswatch.
42. U.S. Department of Justice Civil Rights Division. “Investigation of the Lansing Residential Center, Louis Gossett, Jr. Residential Center, Tryon Residential Center, and Tryon Girls Center.” Received by The Honorable David A. Paterson Governor of New York , 14 Aug. 2009.
https://www.justice.gov/sites/default/files/crt/legacy/2010/12 /15/NY_juvenile_facilities_findlet_08-14-2009.pdf; Task Force on Transforming Juvenile, and the Vera Insititue for Justice."Charting a New Course: A Blueprint for Transforming Juvenile Justice in New York State.", GHP Media, Inc., Dec. 2009.
https://www.vera.org/downloads/publications/Charting-anew-course-A-blueprint-for-transforming-juvenile-justice-inNew-York-State.pdf; Justice Department Announces a Comprehensive Agreement with New York to Remedy Violations and Ensure Constitutional Rights at Four Juvenile Justice Facilities. 14 July 2010,
https://www.justice.gov/opa/pr/justice-departmentannounces-comprehensive-agreement-new-york-remedyviolations-and-ensure; Weissman, Marsha, et al. “Moving Beyond Youth Prisons: Lessons from New York City’s Implementation of Close to Home.” Columbia University Justice Lab, Feb. 2019, p. 60.
43. NYC ACS. NYC Administration for Children Services Logo.
https://www1.nyc.gov/site/acs/index.page; Reed, Ed. "Gladys Carrión and Bill DeBlasio", Flickr, Yahoo!, 5 Oct. 2016,
https://www.flickr.com/photos/nycmayorsoffice/3002382778
2/in/photolist-LXDJp6-MK6XZ9; “Press Release: Mayor Bloomberg Signs Legislation Merging the Department of Juvenile Justice into the Administration for Children’s Services.” NYC Administration for Children’s Services, 7 Dec. 2010,
https://web.archive.org/web/20111011082636/http://www.ny c.gov/html/acs/html/pr_archives/pr10_12_07.shtml;
Barkan, Ross. "Meet the Grown-Ups Keeping Kids Out of Prison." Aug. 2019. The Nation, https://www.thenation.com/article/archive/youth-prisonnew-york-gladys-carrion/.
44. Gabel, Pearl. "Police, in 2012, stopping and frisking young people in the Bronx." The Wall Street Journal, The Wall Street Journal, 2012. https://www.wsj.com/articles/nypds-stop-andfrisk-practice-still-affects-minorities-in-new-york-city11574118605; Long Island Wins. "Silent march to end stop and frisk and racial profiling", Flickr, Yahoo!,18 June 2012, https://www.flickr.com/photos/25246917@N04/7391503498; Stop-and-Frisk Data. New York Civil Liberties Union, 2020, https://www.nyclu.org/en/stop-and-frisk-data.
45. Center for Children's Law and Policy. Implementation of New York's Close to Home Initiative. www.cclp.org/wpcontent/uploads/2018/02/Close-to-Home-ImplementationReport-Final.pdf; Robbins, Liz. “Another Chance for Mone't.”
The New York Times, The New York Times, 4 May 2013, www.nytimes.com/2013/05/05/nyregion/program-keepstroubled-new-york-youth-close-to-home.html? pagewanted=all&_r=2; Szanyi, Jason. Implementation of New York’s Close to Home Initiative: A New Model for Youth Justice. p. 30.
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.
52. Betts, Tara. “Think, Think.” Poetry Magazine, no. December 2020, 2020,
https://www.poetryfoundation.org/poetrymagazine/poems/15 4702/think-think. https://www.poetryfoundation.org/.
53. Davis, Angela Y. Are Prisons Obsolete? Seven Stories Press, 2003; “What Is the PIC? What Is Abolition?” Critical Resistance,
https://criticalresistance.org/mission-vision/not-so-commonlanguage/. Accessed 12 Apr. 2022.
54. “Adolescent Offender.” Raise the Age Implementation, https://www.ny.gov/raise-age/raise-age-implementation.
Accessed 12 Apr. 2022; “Raise the Age.” Office for Justice Initiatives,
https://ww2.nycourts.gov/ip/oji/raisetheage.shtml. Accessed 12 Apr. 2022; “Raise the Age.” Office for Justice Initiatives,
https://ww2.nycourts.gov/ip/oji/raisetheage.shtml. Accessed 12 Apr. 2022.
55. “Family Court Overview.” NYCOURTS.GOV, https://ww2.nycourts.gov/COURTS/nyc/family/overview.sht ml. Accessed 12 Apr. 2022; “Youth Justice in New York 101.” Families Together in NYS,
https://www.ftnys.org/resources/youth-justice-in-new-york101/. Accessed 12 Apr. 2022.
56. SparkAction. Raise the Age NY: What's in the Law and What's Next. YouTube, YouTube, 9 Aug. 2018, www.youtube.com/watch?v=o_8BTXhem0U; “Raise the Age.” Office for Justice Initiatives,
https://ww2.nycourts.gov/ip/oji/raisetheage.shtml. Accessed 12 Apr. 2022.
57. New York State Senate. “Raise the Age Supporters.” New York Senate, 12 Feb. 2017, www.nysenate.gov/newsroom/articles/velmanettemontgomery/senate-democratic-conference-continuescomprehensive; Alan, Tara. Social Work Blog. "Protect Our Youth."
http://www.socialworkblog.org/advocacy/2017/03/socialwork-groups-rally-in-new-york-to-raise-the-age-youths-canbe-criminally-charged-as-adults/; “Raise the Age.” Office for Justice Initiatives,
https://ww2.nycourts.gov/ip/oji/raisetheage.shtml. Accessed 12 Apr. 2022.
58. “Raise the Age.” Office for Justice Initiatives,
https://ww2.nycourts.gov/ip/oji/raisetheage.shtml. Accessed 12 Apr. 2022.
59. “Juvenile Justice Process.” NYC Administration for Children’s Services,
https://www1.nyc.gov/site/acs/justice/juvenile-justiceprocess.page. Accessed 12 Apr. 2022.
60. “Crimes by Children.” New York State Unified Court System,
https://nycourts.gov/courthelp/Criminal/crimesByChildren.sh tml. Accessed 12 Apr. 2022; “Raise the Age.” Mayor’s Office of Criminal Justice, https://criminaljustice.cityofnewyork.us/programs/raise-theage/. Accessed 12 Apr. 2022.
61. “Raise the Age.” Mayor’s Office of Criminal Justice, https://criminaljustice.cityofnewyork.us/programs/raise-theage/. Accessed 12 Apr. 2022.
“Juvenile Justice Process.” NYC Administration for Children’s
Services, https://www1.nyc.gov/site/acs/justice/juvenilejustice-process.page. Accessed 12 Apr. 2022.
62. “Juvenile Delinquency | New York City Family Court.”
NYCOURTS.Gov,
https://ww2.nycourts.gov/COURTS/nyc/family/faqs_juvenile.s html. Accessed 12 Apr. 2022; “General Stages of the Family Court Process.” NYC Law Department: Family Court Division,
https://www1.nyc.gov/site/familycourtdivision/juveniledelinquency/general-stages-of-the-family-court-process.page. Accessed 12 Apr. 2022.
63. “Juvenile Delinquency | New York City Family Court.”
NYCOURTS.Gov,
https://ww2.nycourts.gov/COURTS/nyc/family/faqs_juvenile.s html. Accessed 12 Apr. 2022.
64. “General Stages of the Family Court Process.” NYC Law Department: Family Court Division,
https://www1.nyc.gov/site/familycourtdivision/juveniledelinquency/general-stages-of-the-family-court-process.page. Accessed 12 Apr. 2022.
65. “General Stages of the Family Court Process.” NYC Law Department: Family Court Division,
https://www1.nyc.gov/site/familycourtdivision/juveniledelinquency/general-stages-of-the-family-court-process.page. Accessed 12 Apr. 2022.
66. “New York Juvenile Crimes, Delinquency and Youthful Offender Proceedings.” Crotty Saland PC: New York Criminal Lawyers, https://www.new-york-lawyers.org/juvenilecrimes.html. Accessed 12 Apr. 2022.
67. Saland, Jeremy. “NY CPL Article 722: Raise the Age, Adolescent Offender & Extraordinary Circumstances.” New York Criminal Lawyer Blog, 14 Dec. 2019,
https://www.newyorkcriminallawyer-blog.com/ny-cplarticle-722-raise-the-age-adolescent-offender-extraordinarycircumstances/.
68. “General Stages of the Family Court Process.” NYC Law Department: Family Court Division,
https://www1.nyc.gov/site/familycourtdivision/juveniledelinquency/general-stages-of-the-family-court-process.page. Accessed 12 Apr. 2022.
69. “Youthful Offender.” New York State Unified Court System,
https://www.nycourts.gov/CourtHelp/Criminal/youthfulOffen der.shtml. Accessed 12 Apr. 2022.
70. “General Stages of the Family Court Process.” NYC Law Department: Family Court Division,
https://www1.nyc.gov/site/familycourtdivision/juveniledelinquency/general-stages-of-the-family-court-process.page. Accessed 12 Apr. 2022.
71. “Basic Steps in a Criminal Case.” New York State Unified Court System,
https://www.nycourts.gov/courthelp/criminal/caseBasicsCrim inal.shtml. Accessed 12 Apr. 2022.
72.
See links on page.LOCATION, LOCATION, LOCATION: Where Are Youth
Incarcerated?
74. Gwendolyn Brooks. “To Prisoners.” The Illinois Issues Humanities Essays, vol. IV, no. 19, July 1989, https://www.lib.niu.edu/1981/ii810719.html.
75. “Secure Detention.” NYC Administration for Children’s Services, https://www1.nyc.gov/site/acs/justice/securedetention.page. Accessed 12 Apr. 2022; “Non-Secure Detention.” NYC Administration for Children’s Services, https://www1.nyc.gov/site/acs/justice/non-securedetention.page. Accessed 12 Apr. 2022.
76. New York State Office of Children and Family Services. “DJJOY Facilities .” Juvenile Justice and Opportunities for Youth, New York State Office of Children and Family Services, ocfs.ny.gov/programs/rehab/facilities/
77. Stier, Rachel Kreinces. Introductory Guide to the New York City Family Court. p. 57.
https://www.nycourts.gov/LegacyPDFS/courts/nyc/family/Int roductoryGuidetoNYCFamilyCourt.pdf; Accessed 4/13/2021; Weiss, Catherine, et al. Teenagers, Healthcare, and The Law: A Guide To Minors’ Rights in New York State. New York Civil Liberties Union, 2018, https://www.nyclu.org/sites/default/files/thl.pdf.
78. Poole, Sheila J., and Andrew M. Cuomo. 2020 Annual Report Youth in Care.
79. Sawyer, Wendy, and Prison Policy Initiative. “How Many Youth Are Locked up in the United States.” Prison Policy Initiative, 19 Dec. 2019, www.prisonpolicy.org/reports/youth2019.html.
81. Ross Gay. “A Small Needful Fact.” Academy of American Poets, poets.org/poem/small-needful-fact. Accessed 7 Apr. 2022.
82. Gustafson, Kaaryn. “The Criminalization of Poverty.” Journal of Criminal Law and Criminology, vol. 99, no. 3, 2009, pp. 643–716, scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi ?article=7330&context=jclc.
84. Project NIA,. Defund the Police. YouTube, YouTube, 13 Oct. 2020, www.youtube.com/watch?v=bT0YpOmk8NA.
87. Rovner, Josh. Black Disparities in Youth Incarceration. The Sentencing Project, 15 July 2021, https://www.sentencingproject.org/publications/blackdisparities-youth-incarceration/; Rovner, Josh. Racial Disparities in Youth Incarceration Persist. The Sentencing Project, 3 Feb. 2021, https://www.sentencingproject.org/publications/racialdisparities-in-youth-incarceration-persist/; Nichols, Lindsey, et al. “Mental Health Issues Affect 70% of Youth behind Bars.”
Cronkite News - Arizona PBS, 4 Sept. 2020, https://cronkitenews.azpbs.org/2020/09/04/mental-healthkids-incarcerated/; Ulzen, T., and H. Hamilton. “Post Traumatic Stress Disorder in Incarcerated Adolescents.” The Canadian Child and Adolescent Psychiatry Review, vol. 12, no. 4, Nov. 2003, pp. 113–16. PubMed Central, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2533830/;
Reichert, Jessica, et al. Victimization and Help-Seeking Behaviors Among Female Prisoners in Illinois: (586452010001). American Psychological Association, 2010. DOI.org (Crossref), https://doi.org/10.1037/e586452010-001; “What Is The Foster Care-to-Prison Pipeline?” The Juvenile Law Center, 26 May 2018, https://jlc.org/news/what-foster-care-prisonpipeline; Jones, Alexi. “Visualizing the Unequal Treatment of LGBTQ People in the Criminal Justice System.” Prison Policy Initiative, 2 Mar. 2021, https://www.prisonpolicy.org/blog/2021/03/02/lgbtq/.
88. Performing Statistics, et al. No Kids in Prison. 2021, https://www.nokidsinprison.org/experience/.
89. Performing Statistics, et al. No Kids in Prison. 2021, https://www.nokidsinprison.org/experience/.
90. Performing Statistics, et al. No Kids in Prison. 2021, https://www.nokidsinprison.org/experience/.
92. Brave New Films, director. Society's Parasite: A Look Inside The Treatment Industrial Complex . Brave New Films, www.bravenewfilms.org/treatmentcomplex.
93. “Song 33.” Genius, uploaded by noname, 18 June 2020, genius.com/Noname-song-33-lyrics.
94. “Song 33.” YouTube, uploaded by noname, 18 June 2020, www.youtube.com/watch?v=NFp1eW2bihg.
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.
98. “Philly Stands Up Transformative Justice.” Philly Stands Up, https://www.phillystandsup.org/transjust.
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.
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.
https://www.nysenate.gov/legislation/laws/EDN/3205. Accessed 13 Apr. 2022; “About East River Academy. ” East River Academy, https://sites.google.com/d-79.com/eastriver-academy-home/home. Accessed 13 Apr. 2022.
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.
114. “Raise the Age.” Office for Justice Initiatives,
https://ww2.nycourts.gov/ip/oji/raisetheage.shtml.
Accessed 12 Apr. 2022; “Secure Detention. ” NYC Administration for Children’s Services,
https://www1.nyc.gov/site/acs/justice/securedetention.page. Accessed 12 Apr. 2022; “Non-Secure
Detention. ” NYC Administration for Children’s Services, https://www1.nyc.gov/site/acs/justice/non-securedetention.page. Accessed 12 Apr. 2022; “Limited Secure
Placement. ” NYC Administration for Children’s Services, https://www1.nyc.gov/site/acs/justice/limited-secureplacement.page. Accessed 12 Apr. 2022; “Non-Secure
Placement. ” NYC Administration for Children’s Services, https://www1.nyc.gov/site/acs/justice/non-secureplacement.page. Accessed 12 Apr. 2022.
115. “Limited Secure Placement. ” NYC Administration for Children’s Services, https://www1.nyc.gov/site/acs/justice/limited-secureplacement.page. Accessed 12 Apr. 2022; “Non-Secure
Placement. ” NYC Administration for Children’s Services, https://www1.nyc.gov/site/acs/justice/non-secureplacement.page. Accessed 12 Apr. 2022.
116. See Links on Page.
118. “Raise the Age.” Office for Justice Initiatives, https://ww2.nycourts.gov/ip/oji/raisetheage.shtml. Accessed 12 Apr. 2022.
119. See Links on Page.
121. “New York Juvenile Crimes, Delinquency and Youthful
Offender Proceedings. ” Crotty Saland PC: New York
Criminal Lawyers, https://www.new-yorklawyers.org/juvenile-crimes.html. Accessed 12 Apr. 2022.
122. “Raise the Age.” Office for Justice Initiatives, https://ww2.nycourts.gov/ip/oji/raisetheage.shtml.
Accessed 12 Apr. 2022.
123. “Raise the Age.” Office for Justice Initiatives, https://ww2.nycourts.gov/ip/oji/raisetheage.shtml.
Accessed 12 Apr. 2022; Raise the Age Flowchart. Office for
Justice Initiatives,
https://nycourts.gov/courthelp/pdfs/RTA _ flowchart.pdf.
124. “Raise the Age.” Office for Justice Initiatives,
https://ww2.nycourts.gov/ip/oji/raisetheage.shtml.
Accessed 12 Apr. 2022; Raise the Age Flowchart. Office for
Justice Initiatives,
https://nycourts.gov/courthelp/pdfs/RTA flowchart.pdf.
126. “Foster Care: Know Your Rights. ” NYC Administration for Children’s Services, https://www1.nyc.gov/site/acs/youth/know-yourrights.page. Accessed 13 Apr. 2022; Bill of Rights for
Children and Youth in Foster Care. New York State Office of Children and Family Services, July 2015.
127. See Links on Page.
129. Unless otherwise noted, pages 129-142 are based on NYC DOE chancellor's regulations A-433. https://www.schools.nyc.gov/aboutus/policies/chancellors-regulations;
New York State Education Law §3202.
https://www.p12.nysed.gov/sss/lawsregs/3202-res.html;
“Report: Education Interrupted: The Growing Use of Suspensions in New.” New York Civil Liberties Union, 23
Apr. 2012, https://www.nyclu.org/en/publications/report-
education-interrupted-growing-use-suspensions-newyork-citys-public-schools-
2011#:~:text=The%20New%20York%20Civil%20Liberties,i
t%20was%20one%20in%2025; NYCLU. “School-to-Prison
Pipeline.” New York Civil Liberties Union, 29 Jan. 2020, www.nyclu.org/en/issues/racial-justice/school-prisonpipeline.
130. NYC DOE Suspension Data Obtained by the Suspension Representation Project through a FOIL Request in 2020; NYC DOE. “Suspension Reports. ” New York City
Department of Education, infohub.nyced.org/reports/governmentreports/suspension-reports. Accessed 11 Apr. 2022.
139. Suspension Representation Project Internal Exit Form
Data
143. Know Your Rights: A Guide to the Legal Rights of Immigrant Families in New York City Public Schools.
Advocates for Children of New York, Sept. 2015, https://www.advocatesforchildren.org/sites/default/files/l ibrary/immigrant rights guide english.pdf?pt=1.
144.“General Stages of the Family Court Process. ” NYC Law
Department: Family Court Division, https://www1.nyc.gov/site/familycourtdivision/juvenile-
delinquency/general-stages-of-the-family-courtprocess.page. Accessed 12 Apr. 2022.
145. See Links on Page.
147. “General Stages of the Family Court Process. ” NYC Law
Department: Family Court Division, https://www1.nyc.gov/site/familycourtdivision/juveniledelinquency/general-stages-of-the-family-courtprocess.page. Accessed 12 Apr. 2022; Bodenlos, Katie.
Detour to Opportunity: A Guide on Young Adult Diversion from the Criminal Justice System. p. 50.
148. See Links on Page.
150. AFC’s Guide for Court-Involved Students. 2019, https://www.advocatesforchildren.org/sites/default/files/l ibrary/court involved youth guide.pdf?pt=1.
151. “Voting with a Criminal Record.” New York Civil Liberties Union, 30 Sept. 2020, https://www.nyclu.org/en/know-your-rights/voting-
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,
https://www1.nyc.gov/assets/cchr/downloads/pdf/publica
tions/fca-guide-book.pdf; “Discrimination: Employment
and Criminal Records. ” Law Help NY,
https://www.lawhelpny.org/issues/discrimination-and-
civil-rights/employment-and-criminal-records. Accessed 13
Apr. 2022.
152. See Links on Page.
154. Poets, Academy of American. “Calling on All Silent Minorities.” Directed by Desire: The Complete Poems of June Jordan, Copper Canyon Press, 2005, https://poets.org/poem/calling-all-silent-minorities.
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)
https://www.stanfordlawreview.org/print/article/movementlaw/; Build Power Fight Power: A Five Part Course on Movement Lawyering. Movement Law Lab, https://movementlawlab.org/mlcourse. Accessed 14 Apr. 2022.
157. Amna A. Akbar, Sameer M. Ashar, and Jocelyn Simonson, Movement Law, 73 Stan. L. Rev. (2021).
https://www.stanfordlawreview.org/print/article/movementlaw/.
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.
