criminalizationblackgirlscards2 -- eleanora harris fagan (billie holiday) was 9 years old when she...

26
Pre-1800 Until the 19 th century children accused of crimes in the U.S. were, if found guilty, placed into the adult jails then in existence.

Upload: phungtram

Post on 21-May-2018

214 views

Category:

Documents


1 download

TRANSCRIPT

Page 1: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

Pre-1800

Untilthe19thcenturychildrenaccusedofcrimesintheU.S.were,iffoundguilty,placedintotheadultjailstheninexistence.

Page 2: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1825–TheUnitedStatesestablisheditsfirstyouthdetentionfacility.TheNewYorkHouseofRefugeestablisheda“colored”sectionin1834(Bell&Ridolfi,2008).

Page 3: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1827–ThenewIllinoiscriminalcodepassedandraisedtheageofcriminalresponsibilityto10from7yearsold(Hoerr-McNamee,1999).

Page 4: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1850–TheHouseofRefugeforColoredChildrenwasopenedinPhiladelphia,PA.Thiswastheonlytimeinthe19thcenturythatanorthernstateopenedsuchaninstitutionspecificallyforblacks.TheprogramofHousesofRefugewastoserveto“retrain,toeducate,toimpartmorality,andtoincarceratepotentiallyharmfuldeviants(Frey,p.11).

Page 5: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1850–Approximately50percentofyouthunder16intheProvidence,RIjailwereblack,60percentoftheyouthattheMarylandpenitentiaryinBaltimorewereblack,andallyouthintheWashingtonD.C.penitentiarywereblack–despitetheregions’largelywhitepopulations.Blackchildrenwerealsoincarceratedyoungerthanwhitechildren,hadfeweropportunitiesforadvancementupondischargeandsufferedadisproportionatelyhigherdeathrate(Bell&Ridolfi,2008).

Page 6: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1855--Fornineteen-year-oldCelia,aslaveonaMissourifarm,fiveyearsofbeingrepeatedlyrapedbyhermiddle-agedownerwasenough.OnthenightofJune23,1855,shewouldlatertellareporter,"theDevilgotintome"andCeliafatallyclubbedhermasterasheapproachedherinhercabin.ThemurdertrialoftheslaveCelia,comingatatimewhenthecontroversyovertheissueofslaveryreachednewheights,raisedfundamentalquestionsabouttherightsofslavestofightbackagainsttheworstofslavery'sabuses.

“Seventy-yearoldRobertNewsomebought14-yearoldCeliaandforcedsexualrelationsonherimmediatelyandrepeatedly.OnenightwhenNewsomewenttoCelia’scabintoabuseher,shestruckhimwithastickandkilledhiminstantly.CeliawaspregnantforthethirdtimebyNewsomeandwasveryillwhenhelastapproachedher.Athertrial,thecourtwasconcernedonlywithwhetherCeliahadarighttodefendherselfagainsthermaster’sassault.ThetrialjudgemadeitclearthatCeliadidnothavethatright.Tothecourt,CeliahadnosexualrightsoverherownbodybecauseshewasNewsome’spropertyandsheoughttohavesubmittedtoNewsome’sdemands.Celiawasguiltyofmurderandhanged4daysbeforeChristmasin1855.”

Page 7: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1873

Thefirstprisoncompletelydevotedtowomen,theIndianaReformatoryInstitutionforWomenandGirls,opens.

Page 8: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1879–TheIndustrialSchoolforGirlsisestablishedinEvanston,ILbasedonalawauthorizingtheplacementofgirlsinsuchschoolswhowerefoundbeggingonthestreets,consortingwiththieves,loiteringina“houseofillfame”orwerelivinginpoorhouses(Hoerr-McNamee,1999).

Page 9: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1890–ACensusanalysisbyW.E.B.DuBoisfoundthatmorethan18percentofallBlackprisonerswerejuveniles.

Page 10: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1899–ThefirstJuvenileCourtisestablishedinChicagobymembersofHullHouse(includingLucyFlowersandJaneAddams).Thiscodifiestheideathatchildrenwereaspecialcategoryofpeople,neitherpropertynoradults,butindividualsinneedofprotection.

Page 11: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1913--InthecourseofaninvestigationrecentlymadebytheJuvenileProtectiveAssociationofChicagoupontheconditionsofboysintheCountyjail,theAssociationwasmuchstartledbythedisproportionatenumberofcoloredboysandyoungmen;foralthoughthecoloredpeopleofChicagoapproximate1/40oftheentirepopulation,1/8oftheboysandyoungmenandnearly1/3ofgirlsandyoungwomenwhohadbeenconfinedinthejailduringtheyearwerenegroes.”–TheColoredPeopleofChicago,1913

Page 12: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1923–ChicagoJuvenileDetentionHomeopens.PoliceweremorelikelytosendBlackchildrentodetention.By1930,AfricanAmericanswere6.9%ofthepopulationinChicagobut21.3%ofboysseeninjuvenilecourt(Wolcott,2005).

Page 13: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1924--EleanoraHarrisFagan(BillieHoliday)was9yearsoldwhenshefirstcameintoconflictwiththelaw.Shewasbroughtbeforethejuvenilecourtforbeingtruantandfor“beingwithoutpropercareandguardianship.”ShewascommittedforayearattheHouseofGoodShepherdforColoredGirls,aCatholicreformschool.ShewasreleasedonparoleinOctober1925.

Page 14: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1929--InMay,BillieHolidayisarrestedalongwithhermotherandseveralotherwomenduringanightraidofabrothelinHarlemrunbyawomannamedFlorenceWilliams.SheistriedandfoundguiltyofvagrancybyajudgenamedJeanHortenseNorris(whowaswell-knownforgivingveryharshsentencestoyoungoffenders).Sheis14yearsoldandsenttoWelfareIsland(nowcalledRooseveltIsland)firstandthentoaworkhouse.

Page 15: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1933--In1933,morethan10,000Blackboysand1,800Blackgirlswerearrestedandhadcasesdisposedin67U.S.courtsandfederalauthorities.

Page 16: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1934–EllaFitzgeraldwasincarceratedattheNewYorkStateTrainingSchoolforGirlsatHudson,N.YIn1936,Stateinvestigatorsreportedthatblackgirls,then88of460residents,weresegregatedinthetwomostcrowdedanddilapidatedofthereformatory’s17“cottages,”andwereroutinelybeatenbymalestaff.LikeMissFitzgerald,mostofthe12-to16-year-oldgirlssenttothereformschoolbythefamilycourtswereguiltyofnothingmoreseriousthantruancyorrunningaway.

Page 17: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1935–InFebruary,SusieLattimore,whowas15yearsold,wenttoalocaltavern,hadafewdrinksandstabbedanotherpatronwholaterdied.Shewastransferredtoadultcourtandsentencedto25yearsinprisonforfirstdegreemurder.Asaresultofhercase,theState’sAttorneygainedthepowertoprosecuteanychildovertheageof10andsentencethemtoanadultcorrectionalfacility.

Page 18: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1954

Prisonersatthestatewomen’scorrectionalfacilityinRaleigh,NCriotforseveralhoursafterthedeathof18yearoldEleanorRush.Rushwasplacedinsolitaryfor6days.Ontheseventhday,Rushwasnotfedforover16hours.After16hours,shebeganyellingthatshewashungryandwantedfood.Inresponse,theguardsboundandgaggedher,dislocatingherneckintheprocess.Halfanhourlater,Rushwasdead.

Page 19: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1967

IntheGaultdecision,theU.S.supremecourtrequiredthatmostdueprocessrightsaffordedtoadultsalsobegrantedforjuveniles.Inotherwords,thecourtfoundthatjuvenilesareentitledtodueprocessunderthelaw.GeraldGaulthadbeendeniedtherighttoanattorneywhenhewasdetainedformaking“lewdphonecalls.”Hehadnotbeenformallynotifiedofthechargesagainsthim,hehadnotbeeninformedofhisrightagainstself-incriminationandhadnoopportunitytoconfronthisaccusers.GaultsignaledtheendofthetraditionalJuvenileCourt.

Page 20: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1989

InStanfordvKentuckyandWilkinsonvMissouri,theU.S.SupremeCourtupheldthedeathpenaltyfor16-and17-yearoldjuveniles.

Page 21: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1994–GunFreeSchoolsActwasenacted.TheGFSAstatesthateachStatereceivingFederalfundsunderESEAmusthaveineffect,byOctober20,1995,aStatelawrequiringlocaleducationalagenciestoexpelfromschoolforaperiodofnotlessthanoneyearastudentwhoisdeterminedtohavebroughtaweapontoschool.Thismarkedtheintroductionof“zerotolerance”policiesintoschoolenvironments.Manystateswentaboveandbeyondthefederalmandate,passinglawsthatrequiredexpulsionorsuspensionforthepossessionofallweapons,drugsandotherseriousviolationsonoraroundschoolgrounds.

Page 22: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

1995Attheageof17years,SarahKruzanwasconvictedofthefirstdegreemurderofherallegedpimp,GeorgeGilbertHoward.Shewassentencedtolifeimprisonmentwithoutparole.

Page 23: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

2005

TheU.S.Supremecourtabolishedthedeathpenalty/capitalpunishmentforalljuveniles.Ina5-4rulingthecourtdeclaredthatitwasunconstitutionaltosentenceanyonetodeathforacrimeheorshecommittedwhileyoungerthan18.

Page 24: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

2010

Aiyana Mo'Nay Stanley-Jones (July 20, 2002 – May 16, 2010), was a seven-year-old African-American girl from Detroit, Michigan who was shot and killed during a raid conducted by the Detroit Police Department's Special Response Team on May 16, 2010. Officer Joseph Weekley was charged in connection with Jones' death. In October 2011, Weekley was charged with involuntary manslaughter and reckless endangerment with a gun. Weekley's first trial ended in a mistrial in June 2013. Weekley's retrial began in September 2014. On October 3, the judge dismissed the involuntary manslaughter charge against Weekley, leaving him on trial for only one charge: recklessly discharging a firearm. On October 10, the second trial ended in another mistrial. On January 28, 2015, a prosecutor cleared Weekley of the last remaining charge against him, ensuring there would not be a third trial.

Page 25: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

2010

InMay,theU.S.Supremecourtruled5to4thatdenyingjuvenileswhohavenotcommittedhomicideachancetoeverrejoinsocietyiscountertonationaland"global"consensusandviolatestheConstitution'sbanoncruelandunusualpunishment.Inotherwords,thecourtdecidedthatjuvenilesmaynotbesentencedtolifeinprisonwithoutparoleforanycrimeshortofhomicide.Atleast99peopleinILareservingLWOPsentencesforcrimestheywereconvictedofcommittingaschildren.JLWOPmeanschildrenaresentencedtodieinprison;theseindividualswillneverbeconsideredforrelease.

Page 26: criminalizationblackgirlsCARDS2 -- Eleanora Harris Fagan (Billie Holiday) was 9 years old when she first came into conflict with the law. She was brought before the juvenile court

2016 Bresha Meadows of Ohio was just 14 years old when she was incarcerated and faced a charge of aggravated murder for defending herself and family against the unrelenting terror and abuse of her father. She remains in jail.