New Page 2

COALITION AGAINST INSTITUTIONALIZED CHILD ABUSE
HEADLINE NEWS CAICA EN FRANÇAIS

CAICA HOME │ NEWS │ PROGRAM NEWS │ STORIES │ DEATHS │ WWASPS │ PARENTS' CORNER │ MISSION │ SITE MAP │ LINKS & RESOURCES
_______________________________________________________________________________________________________________________________________________

AUTISM │ LITIGATION │ LEGISLATION │ JUVENILE JUSTICE │ MENTAL HEALTH │ LIGHTER SIDE │ EN FRANCAIS │ COMMENTS │ LIST SERVE │ BLOGS

Restrain practice of fear

Dick J. Batchelor and Gustavo Barreiro

September 22, 2006

The Sentinel's Sept. 13 editorial that stated "putting restraints on juvenile suspects is justified" requires a response from advocates for children and justice. We believe the editorial misses the basic point that multiple restraints (handcuffing and leg shackling) are not necessary for every child and actually harmful to most.

The editorial reflects and reinforces a practice driven by fear, not by fact. Unlike the adult system --where, ironically, defendants are rarely shackled -- the juvenile-justice system was designed to be child driven, not charge driven. Children shouldn't be defined by the crime they are alleged to have committed, but by the steps we are taking to rehabilitate them and by what they are doing to make things right when they are capable of appreciating what they have done is wrong.

The editorial ignores the fact that there are no data whatsoever demonstrating the necessity of such a blanket policy. It ignores the professional opinions of child and adolescent experts that such restraints are indeed harmful to the emotional and developmental well-being of the children involved.

It is troubling to us that chaining is occurring pre-trial on children who have the right to be presumed innocent. To advocate this practice on presumed-innocent children for "deterrent effect" is advocating pre-trial punishment. No one who respects the American idea of justice should take that position.

The editorial argues that "the natural gut response is to demand . . . that the restraints be removed." Ironically, its position is the real "gut response."

The motion filed by the Miami Public Defender's office is based on the reality and history of children appearing in court, professional opinion and research. While there may be "probable cause" that a child did indeed commit a delinquent act, there is "overwhelming evidence" of the harm caused by the handcuffing and shackling of every child, regardless of the charge, age, sex, size or the lack of likelihood of misbehavior or escape. Not only is this practice inhumane, it further shackles the ability of the juvenile-justice system to rehabilitate our troubled children.

While we would urge that public safety must be a concern in every court, using multiple restraints on one child should be done only on a case-by-case basis and only after a factual finding of dangerousness or risk of flight. We agree with the secretary of Juvenile Justice who takes pride in the fact the department has increased "efforts in providing individualized services tailored to meet the needs of each youth in our care." We think the secretary should extend that effort to include individualizing restraints on children.

The real discussions should be: What can we do immediately to bring dignity and justice back into our juvenile courtrooms? What can we do to assist our young people to grow up to be responsible adults with productive futures?

Dick J. Batchelor, president of Dick Batchelor Management Group, and Gustavo "Gus" Barreiro, state representative for District 107, are members of the board of directors for Florida's Children First, a statewide, nonprofit organization.

http://www.orlandosentinel.com/news/opinion/orl-myword22d06sep22,0,4146144.story?coll=orl-opinion-headlines

DISCLAIMER, WARNINGS, AND NOTICE TO READERS: This website does not represent or endorse the accuracy or reliability of any of the information, content collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website (the "Service"). None of the contributors, sponsors, administrators or anyone else connected with this website in any way whatsoever can be responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in these web pages. All information provided using this website is only intended to be general summary information to the public.

FAIR USE NOTICE: These pages may contain copyrighted (© ) material the use of which has not always been specifically authorized by the copyright owner. Such material is made available to advance understanding of ecological, political, human rights, economic, democracy, scientific, moral, ethical, and social justice issues, etc. It is believed that this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior general interest in receiving similar information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

REFERRALS: CAICA is not a referral agency. CAICA does not refer to or promote facilities or transport companies for children or teens. CAICA warns parents that the parent pay / parent choice programs ie. Residential Treatment Centers, Therapeutic Boarding Schools, Behavior Modification Programs, Christian Programs, Positive Peer Culture Programs, etc., are not regulated by the Federal Government and that it is a "Buyer Beware" industry. CAICA provides the following for parents: Message to Parents, Help for Distraught and Desperate Parents, and Questions to Ask and Warning Signs.

© 2005, 2006, 2007, 2008