More Miami-Dade students face detention for misdemeanors

A 'zero-tolerance' policy against violent crimes has put more Miami-Dade students in handcuffs--for fighting, graffiti and other minor offenses.

BY PETER BAILEY

pbailey@MiamiHerald.com

Tonia Green's sobs pierced the tiny courtroom, causing everyone to stare at her 13-year-old son who stood with cuffs gripping his wrists and ankles.

''Judge, please . . . the school didn't even notify me!'' Green wailed. ``They just carted my son away like some criminal.''

The charge -- kicking another student during a school fight.

Miami-Dade Juvenile Court Judge Lester Langer glanced at the boy's paperwork, set a trial date and ordered the teen released into the mother's custody.

''Oh Lord Jesus, thank you,'' Green sighed.

Minutes later the scene replayed itself, this time with an anguished Hailaine Jerome rocking in joy after Lester agreed to release her teenage son, who also got into a fight.

Langer says his and other courtrooms in the Juvenile Detention Center are packed with more and more cases of kids arrested for minor offenses, as school officials strictly enforce a zero-tolerance policy in an effort to deter violent crimes on campus.

''The juvenile judges are seeing a lot of school-related cases that could have been handled at the school, such as schoolyard fights and kids acting out in class,'' said Langer, who has been on the bench since 1992 and in juvenile court since 1997.

Years ago, before the safety fears stoked by the 1999 Columbine massacre in Colorado, such mischief in schools would usually end in a trip to the principal's office for disciplinary action. Today, it often ends in a trip to the Juvenile Detention Center -- a lifealtering event that stains some with a criminal record.

In the 2004-2005 school year, Miami-Dade schools police arrested 2,484 students, district records show. But only 12 percent of those arrests were for serious crimes involving weapons or drugs -- among the catalysts driving the zero-tolerance measures.

CIVIL CITATIONS

The majority of the arrests, about 70 percent, were for disorderly conduct and a host of misdemeanor offenses, graffiti markings and disturbing the peace, the latest records available show.

Fifty-four percent of students arrested were black though black students make up 28 percent of the district's enrollment.

Langer and others on the 11th Circuit Juvenile Justice Board have lobbied school leaders for alternatives to arresting students. In November, the Miami-Dade School Board approved a civil citation initiative, which officials believe will curb a majority of the arrests. Officers are expected to begin training during spring break next month.

''By law we can make the arrest, but by conscience do you have to arrest?'' asked schools Police Chief Gerald Darling, who is leading the citation initiative. ``We want to eliminate the image of police being just an arresting agent.''

JUDGMENT CALLS

Under the program, officers would issue civil citations to students for petty offenses such as minor altercations, disorderly conduct and trespassing. It would be a judgment call, at the discretion of officers who will be given guidelines to follow, Darling said.

About 1,000 of last year's arrests could have been handled with a civil citation, the chief said. Darling, a soft-spoken child advocate, said he wants handcuffs to be a last resort in disciplining students.

''New research shows that arresting and Scared Straight programs does nothing to cause a child to not act out. It's not productive,'' Darling said.

Darling said so far this school year, overall arrests on school grounds have decreased throughout the district, particularly those involving black males.

At Homestead Senior High, where students say safety has been a concern in the past, Darling's philosophy of community policing, which he hopes will lead to fewer arrests, has been started.

''Our first step is to show kids we're not lock-'em-up cops,'' said Officer Clyde Dozier, who arrived on campus in August. ``We're trying to connect with students on their level.''

At lunch time, Dozier walks the main courtyard and mingles with students. He discusses the lastest Ricky Williams football debacle. In a matter of minutes, some of the students warm up to the burly cop.

''Society programs kids to distrust cops. Kids need to know there's nothing wrong with having an officer for a friend,'' Dozier said.

But it's a daunting task to connect with students accustomed to by-the-book law enforcement.

''A lot of students don't like officers from past experiences,'' said senior Armando Crespo.

But the new approach appears to have made a difference at Homestead.

From September to December, the school recorded 26 arrests, compared with 62 for the same time period last year.

'CRIMINALIZES' KIDS

Ever since the shootings at Columbine High School near Denver, zero-tolerance measures have been enforced at many schools throughout the country. But child advocates argue the policy often ''criminalizes'' childhood -- by turning minor incidents into major offenses.

Advocates point to the case last March involving 5-year-old Ja'eisha Scott, who was arrested in her classroom after throwing a tantrum at her elementary school in St. Petersburg. The videotape of officers handcuffing Ja'eisha received national attention.

''School districts have been delegating their responsibility of school discipline to police,'' said Jim Freeman, an attorney with the Advancement Project, a Washington-based civic group that focuses zero-tolerance issues. Freeman said he has come across cases in which young students were booked for possession of Midol tablets and butter knives.

ROLE OF RACE

Langer said that race sometimes plays a role in disciplinary decisions, which reflects in the disproportionate number of arrests of black students.

''People are kidding themselves if they think a teacher may not react differently to a black student acting out as opposed to a white student acting out,'' he said.

Enforcing zero tolerance results in a large number of kids with a criminal record. The first stop along the way is usually the Miami-Dade Detention Center -- which some officials say should be avoided at all cost.

''They have to do something at the schools before they end up here,'' said former assistant superintendent Robert Sheppard, who recently transferred to the detention center in Palm Beach County. ``This is not a rehabilitory facility. It's a holding pen.''

But it's the innocence of youth being stripped away that bothers some justice officials. About 10 percent of students arrested in 2004 were age 12 and under.

''It's damaging to put handcuffs on kids under the age of 12,'' said Wansley Walters, director of the Miami-Dade County Juvenile Assessment Center. ``It could cause permanent psychological damage.''