"On the plains of Oklahoma, with a windshield sunset in your eyes like a watercolor painted sky, you'd think heavens doors have opened."
Fly Over States



Tuesday, January 29, 2008

The Cowboy Boot Experiment Update and Juvenile Delinquents


I killed many trees trying to get a pp'ing pattern for the cowboy boot (see previous post). Just about the time I was missing handling the juvenile arraignments I had forgotten, it dawned on me that I could import a picture to EQ5 and trace a pattern, which I ended up doing. I'd not done that before so there was a learning curve.

About an hour after I figured out the EQ5 program, I strolled into court and met some frantic clerks who had been looking for me. Playing it cool (but inwardly horrified) and relying on sheer luck that I didn't deserve, I managed to handle the juvenile arraignments without slowing down the docket. Feeling pretty sheepish about all that.

I am on the court appointed list in a nearby county and from time to time, I cover the juvenile arraignments. These are procedural hearings in which a juvenile is charged with something that could range from spitting on the sidewalk to murder. Happily, murder is uncommon (so are charges for spitting on the sidewalk). Typically, they have been detained the previous day for something like stealing a "friend's" Ipod or breaking into the cranky neighbor's car or something equally stupid. All we really do at the arraignment is make sure they know what they are being charged with; make sure they get a lawyer; and set a trial date. If they are being detained, you see if you can make arrangements for them to wait for their trial at home.

I think the most important thing we do at juvenile arraignments is make sure a child does not plead guilty to a serious charge without having the opportunity to explore their legal options with an attorney in greater length. Some aggravated parents who don't (yet) appreciate the potential oppressiveness of juvenile justice system think a nice conviction will teach Junior a lesson. They come in with a full head of tough love steam. While I think strict parents walk on water, (as opposed to the ones who think Junior is just misunderstood and has self esteem issues), part of what you do is to make sure the parents understand that there are ways to scare the socks off Junior short of the electric chair. Obviously, this is a bit of an art.

Another important thing we do is explain to the kids what is happening and let them know that they haven't been forgotten. That first night in detention is a pretty long one. I absolutely love working with kids at this stage. For many it is the first time it begins to dawn on them that their parents may actually know what they are talking about and that the folks have been telling them "no" because they love them. It is like a conversation with Eve right after she bites into the apple - you witness the beginning of wisdom. If it is clear they were guilty as sin (they confess or there is a video tape) I have a spiel where I give a long sigh and tell them that I am just so sorry that they ran afoul of the juvenile justice system because it is a hard road.... We'll do what we CAN... Sigh... Well, keep your chin up! (when you aren't responsible for defending them at trial, it is easier to keep your perspective on the overall situation). I think the best thing you can do for the child at this stage is to encourage them to realize that the road they are one is one THEY chose. The obvious lesson is that they also have the choice to change directions but it is too soon to press that point. A Juvenile Arraignment attorney is just a little Johnnie Apple Seed. :)

Some of the kids at that point inform you that they are NOT going to stay in detention. It is amazing how many children honestly have no idea that what they want and what they get are frequently two different things. "Well, you don't get to decide that, unfortunately, " I tell them. I generally add, "Oh, and don't forget to stand when you speak to the judge and say Yes sir and No Ma'm." For some, this is their first outside lesson in the value of manners and respect for authority. If they haven't learned it at home by the time they get into the courts, it may be too late. It is always my hope that they just need a reminder.

Then there are the frequent flyers. You look at the file and see that they have had 6 or 7 (or more) previous charges in this court, alone. You can't help but feel bad about it. You don't see a child facing "real life" for the first time or one whose terrifying first night in detention might actually end up being a constructive learning experience. Their demeanor is level, low key, they know the drill. You can feel their disdain for you as a mere "public defender" if they think you are too glib - their disdain for you as a sucker if they think you are too nice or care too much. Their parents are worn down and hopeless (usually only one appears, if that) and they no longer think there is any possibility that this could actually end up being a positive experience. They are worried about losing their job because they have to keep taking off work for school discipline matters or court appearances. They are on a first name basis with the probation officers. They have favorite and not so favorite judges. They are caught in the grinder that is the juvenile justice system.

It is just so sad to see a family tragedy play out. You frequently see parents who know they failed (or think they failed). Their heartache is on display and the whole world is looking on so there is no place to hide. So many of them have ended up in this place by taking the easy road, giving in when they should have stood firm, making poor decisions as a result of fatigue or immaturity or their own demons, choosing to be a friend instead of a parent. They are the least able to survive when their child goes wrong but there they are.

The good news is that most families survive the experience. The kids DO grow a brain, eventually, and they DO ultimately come to appreciate that the world does not owe them much of anything and are happier for it. The juvenile justice system rarely destroys families that are, essentially, healthy. But like I tell the kids - it is a tough road. And it can happen.

photo - not one of my clients - I got this off the internet and have no idea who it is. I doubt they are really a psychopath

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