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African-American Youth in The Juvenile Justice System

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Opponents to this law <strong>in</strong>cluded activists from Californians for <strong>Justice</strong>, Critical<br />

Resistance, the <strong>Youth</strong> Force Coalition, the Ella Baker Center for Human Rights, and the<br />

<strong>American</strong> Civil Liberties Union. Advocates <strong>in</strong> the ACLU challenged many portions of the<br />

law, <strong>in</strong>clud<strong>in</strong>g a provision automatically sentenc<strong>in</strong>g youth 14–17 years old <strong>in</strong> adult court.<br />

This portion of the law was struck down by the California Courts of Appeal <strong>in</strong> 2001.<br />

Oppos<strong>in</strong>g Zero-Tolerance Policies<br />

<strong>The</strong> term "zero tolerance" is not def<strong>in</strong>ed <strong>in</strong> law or regulation; nor is there a s<strong>in</strong>gle widely<br />

accepted practice def<strong>in</strong>ition. <strong>The</strong> United States Department of Education, National<br />

Center for Education Statistics, def<strong>in</strong>ed zero tolerance as "a policy that mandates<br />

predeterm<strong>in</strong>ed consequences or punishments for specified<br />

offenses".<br />

<strong>The</strong> purpose of zero- tolerance policies,<br />

accord<strong>in</strong>g to their proponents, is to send<br />

a message that certa<strong>in</strong> k<strong>in</strong>ds of<br />

behaviors are not<br />

tolerable on school<br />

grounds. About 94% of public<br />

schools <strong>in</strong> the United States have<br />

zero-tolerance policies for guns;<br />

91% for other weapons; 88% for<br />

drugs; 87% for alcohol and 79% for<br />

tobacco.<br />

Opposition to zero- tolerance policies,<br />

especially at the local level, focus on critiques<br />

<strong>in</strong>clud<strong>in</strong>g charges that the program is discrim<strong>in</strong>atory,<br />

unconstitutional, harmful to schools<br />

and students, <strong>in</strong>eptly implemented,<br />

and provides harsh punishment (suspension of education) for m<strong>in</strong>or offenses<br />

(possession of tobacco).<br />

A few <strong>in</strong>famous cases have been used by opposition groups, such as Amnesty<br />

International, to further their case aga<strong>in</strong>st the policy. <strong>The</strong> Center for <strong>Juvenile</strong> and<br />

Crim<strong>in</strong>al <strong>Justice</strong> released a story <strong>in</strong> 2003 about a 13-year-old girl <strong>in</strong> Tuscaloosa,<br />

Alabama arrested and deta<strong>in</strong>ed for 5 weeks for possession of what was thought to be<br />

marijuana, but turned out to be oregano.<br />

<strong>The</strong> zero-tolerance practice <strong>in</strong> Ill<strong>in</strong>ois of send<strong>in</strong>g any youth charged with drug crimes<br />

with<strong>in</strong> 1,000 feet of any school or public hous<strong>in</strong>g project directly to adult court has<br />

resulted <strong>in</strong> the largest racial disparity <strong>in</strong> the country—over 99% of youth affected by this<br />

policy were m<strong>in</strong>ority youth.<br />

Opposition to zero-tolerance policies nationwide and locally is broad and grow<strong>in</strong>g.<br />

Organizational leadership has been provided nationally by Amnesty International and<br />

the <strong>American</strong> Bar Association, who has officially opposed such policies s<strong>in</strong>ce 2001.<br />

Page 35 of 114

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