alternet--2020-12-22--Why judges are locking up kids who haven't even committed crimes

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In Michigan , judges have sent children to locked detention centers for refusing to take medication or failing to attend online class .
For testing positive for using marijuana .
For repeatedly disobeying their parents .
Even as other states move toward reforms focused on keeping nonviolent juvenile offenders in the community , Michigan continues to lock up children for minor transgressions that are n't actually crimes : technical violations of probation or @ @ @ @ @ @ @ after curfew .
A dramatic example of this occurred last summer , when the case of Grace* provoked national outrage .
A 15-year-old from suburban Detroit , Grace was sent to detention for violating her probation on earlier charges of theft and assault by failing to do her online schoolwork .
Her situation was unusual .
She was incarcerated for breaking a single rule of her probation during a pandemic , even as her school district said it would n't penalize students and the governor had ordered that residential placement be restricted to @ @ @ @ @ @ @ Less than three weeks after ProPublica published the first story about her case , the Michigan Court of Appeals ordered her immediate release .
But while Grace 's case may have been extreme , it reflects a practice that is common and emblematic of Michigan 's archaic and fragmented juvenile justice system , a ProPublica investigation has found .
Michigan keeps such poor data that the state ca n't even say how many juveniles it has in custody at any given time or what crimes they committed .
But a ProPublica analysis of @ @ @ @ @ @ @ , which used data collected on a single day in 2017 , shows that about 30 % of the youth confined to detention and residential facilities in Michigan were there for noncriminal offenses , compared with 17 % for the country overall .
It can be hard to compare different states with precision because facilities self-report figures and the data varies by state , though experts agree the federal census is the best available measure .
The analysis found that Michigan ranked fourth in the nation , trailing only the much more populous @ @ @ @ @ @ @ in the number of minors held for technical violations , and that Michigan 's rate was more than twice the national rate .
Michigan also locked up more children for status offenses than all but three states .
Children of color , like Grace , were disproportionately involved at nearly every point in the juvenile justice system .
“ Michigan is completely out of line with the rest of the country , '' said Joshua Rovner , a senior advocacy associate at The Sentencing Project , a nonprofit focused on criminal justice reform @ @ @ @ @ @ @ a policy choice . ''
“ The whole point of Grace 's story is not that this just happened to Grace , '' he said .
“ There are hundreds of kids every year who are put in these facilities . ''
To examine Michigan 's juvenile justice system , ProPublica talked with more than 80 lawyers , government and court officials , experts and young people involved in the system .
Reporters reviewed court documents and state records , watched live court hearings broadcast on YouTube and analyzed available state and national @ @ @ @ @ @ @ justice system lacking statewide coordination or authority .
A decentralized structure allows counties to act with little oversight , and the state gathers almost no data from those jurisdictions , so it does n't know what happens to the juveniles in them .
The state 's program , tucked inside the massive Department of Health and Human Services , struggles to manage and fund efforts among courts and governments across 83 counties .
Because each local authority largely takes its own approach to juvenile justice , children 's treatment varies widely depending upon @ @ @ @ @ @ @ Court , which has the power to require county courts to standardize and report data , has not done so .
And lawmakers , focused on problems in the state 's child welfare and adult criminal justice systems , have failed to prioritize juvenile justice measures .
Michigan Supreme Court Justice Elizabeth Clement said leaders from the executive , legislative and judicial branches must work together to set new policies and pass legislation to reform the juvenile justice system .
“ If it 's not a priority from the top down , you @ @ @ @ @ @ @ .
It 'll be easy for everyone involved to say , 'Well , no one is going to hold anybody accountable , ' '' Clement said .
Michigan appears to be taking the first halting steps toward reform , recently becoming the 47th state to ban automatically charging 17-year-olds as adults .
But experts and advocates say there is still much to do .
“ Much of the world has moved on , but much of our system remains stuck in the mentality that has really gone by the wayside , that no @ @ @ @ @ @ @ believes in , '' said Frank Vandervort , a professor who teaches and supervises at the University of Michigan Law School 's Juvenile Justice Clinic .
“ We have too many kids in placement .
We do not have enough community-based resources .
In many ways , we are two or three decades behind what is thought of in contemporary times as best practice in juvenile justice . ''
During one virtual court hearing this month , the 16-year-old on the video screen sat in his kitchen , arms crossed , facing Judge @ @ @ @ @ @ @ .
He had n't been arrested on any new crimes since his original charge of assault , but he was skipping online school , smoking marijuana and disobeying his mother , his probation officer told the judge .
Feeney told the teen he could remain at home , but only if he followed all of her orders , including taking a new medication for mental health issues .
He agreed , but when Feeney ordered him to swallow the pill during the hearing , he threw it on the floor .
“ You @ @ @ @ @ @ @ I do n't need , '' he told the judge .
“ Yeah , I can , otherwise you are going to get picked up .
And you do need it , '' she said .
When he repeatedly refused to take the pill , Feeney found him in contempt of court .
She said the teen posed a risk to himself if he did n't take the medication and instructed that he be detained .
She later said detention was the quickest way to get him a substance abuse assessment .
Feeney @ @ @ @ @ @ @ division judge , said she tailors her probation orders to what she thinks individual children need : Go to school , do n't use drugs , take prescribed medication , go to bed at 9 p.m. , read a book a week and write an essay about it .
She tells them to post the probation orders on their refrigerators so they do n't forget what 's required of them .
“ I tell them if you ca n't follow these orders , they will be telling me they ca n't be successful @ @ @ @ @ @ @ will find them a place to live .
And I will , '' Feeney said in an interview .
“ They need to be watched .
They have already proven they make bad choices .
Probation is all about helping kids make better choices . ''
Feeney said if she did n't care about the teenagers who appeared before her , she would n't set limitations to help them get on a better path .
She said she revokes probation on a case-by-case basis and only when a teenager 's behavior and circumstances @ @ @ @ @ @ @ know what the alternative approach is , '' Feeney said .
“ I am always open to learning new things and figuring out how we can do things better .
The things we are asking them to do in the probation orders are the rules of kidhood .
... To me , these are just trying to put down in writing the rules of kidhood that every kid should follow . ''
About 4,500 Michigan youth ages 10 to 16 were placed on probation in fiscal year 2018 , according to the latest @ @ @ @ @ @ @ include individual offenses , but charges can include assault , robbery and weapons offenses .
On probation , juvenile offenders typically live at home as long as they follow the rules a judge sets for them .
Those rules , though , can create unreasonable expectations for behavior by teenagers , some experts say .
If they were n't in the juvenile justice system , their misdeeds could lead to a grounding or loss of privileges , not time in detention .
“ Instead of helping kids do right , it is catching @ @ @ @ @ @ @ Balis , director of the Juvenile Justice Strategy Group at the nonprofit Annie E. Casey Foundation .
“ No young person is going to follow the rules all the time . ''
Driven by legislative and policy reforms , many states across the country have moved away from detaining young people for probation violations , data shows .
In 2017 , the National Council of Juvenile and Family Court Judges called for judges to ensure that teenagers who violate probation are not incarcerated .
The group urged courts to use incentives and individualized @ @ @ @ @ @ @ than issuing a litany of rules .
Recent legislation in Colorado limits the use of detention for juveniles , requiring an assessment of a youth 's risks and needs before deciding whether a placement outside the home is necessary .
Kansas , Georgia , Hawaii , Kentucky , South Dakota , Utah and West Virginia have all adopted policies or enacted laws in recent years to reduce out-of-home placement for juvenile offenders , particularly those with minor offenses , according to the Pew Charitable Trusts , which has funded many of the initiatives @ @ @ @ @ @ @ direction .
The one-day census , conducted by the federal Office of Juvenile Justice and Delinquency Prevention in October 2017 , found 210 juveniles were confined for technical violations , compared with 144 during the first count in 1997 .
Illinois , by contrast , had reduced that population from 396 to 9 in the same time period .
Jason Smith , of the nonprofit Michigan Center for Youth Justice and a leading voice for reform , said the state should have a better understanding of the youth in its system .
But @ @ @ @ @ @ @ confines too many young people for noncriminal offenses , he said .
Doing so , “ increasingly disconnects them from their families , schools and communities , and places them at risk of physical harm simply by being in a confined setting , '' Smith said .
As in most of Michigan 's juvenile justice system , children of color are disproportionately affected .
About 25 % of the state 's youth placed on probation in fiscal year 2018 were Black , even though they make up 17 % of the state 's @ @ @ @ @ @ @ data .
In Saginaw County , an area northwest of Flint near Lake Huron , children of color make up less than 40 % of the county 's juvenile population but accounted for more than 60 % of those involved with the juvenile justice system .
Patrick Greenfelder , an attorney who defends juveniles in Saginaw County , said nearly all his probation violation cases end up with the young person in detention .
Last Tuesday , three of Greenfelder 's clients had hearings for probation violations .
All were Black , and @ @ @ @ @ @ @ : not logging on to online classes .
They faced more than a month in detention .
One teenager had missed a month of classes and several counseling sessions .
A second did n't have a working laptop , and his mother said they did n't have WiFi for a few weeks because she had to pay for food and rent .
The third , a 16-year-old named Michael , was released from detention in October following charges for possession of a stolen vehicle , reckless discharge of a firearm and trying to @ @ @ @ @ @ @ been following the rules of his probation , but when Michael 's school switched to remote learning , he began “ spiraling downward , '' wrote his probation officer , John Meyette .
Michael was n't logging on regularly .
When he did , it was only for short periods of time .
“ I know he is not understanding the material and that is why he is not working , '' one of his teachers wrote in an academic report included in court records .
The probation officer 's decision to recommend @ @ @ @ @ @ @ Michael had struggled with ADHD and anger issues since he was a child , she said , but until the pandemic , had managed with the help of medication and one-on-one support in his special education classes .
“ Knowing his school history , knowing he needs extra help , you 're still going to lock up my son ? ''
she said in an interview .
“ He never committed another crime .
I just do n't think that 's fair . ''
After about four months in detention , Michael himself @ @ @ @ @ @ @ back .
“ It ai n't no place for me , '' he said in an interview .
Meyette , who declined comment for this story , argued for detention , in part because teenagers ca n't skip classes while locked up .
But last Tuesday , Saginaw County Judge Barbara Meter made a decision that surprised the defense attorney .
She said she did n't want to house young people in detention during a pandemic for missing school .
She dismissed all three cases .
The probation officer seemed to anticipate the @ @ @ @ @ @ @ came up .
He told the prosecutor , “ If it does n't go the way we want it to , then at least we 're making them sweat . ''
The 2017 federal data showed that in Michigan , one offense had sent children to institutions more often than robbery or theft or drug charges : “ incorrigibility . ''
The term generally refers to a child who repeatedly defies a parent or guardian .
That can include leaving home without permission , using abusive language or spending time with “ undesirable @ @ @ @ @ @ @ or running away , is a status offense , deemed a violation of the law only because it is committed by a minor .
According to the 2017 federal data , Michigan held more young people for status offenses than 46 other states .
Nearly half of those juveniles were Black and the majority were female .
“ That is how girls come into the justice system in Michigan , '' said Terri Gilbert , a former supervisor for juvenile justice programming in Michigan and advocate for reform .
“ We would be @ @ @ @ @ @ @ behavioral health or family support programs than criminalizing this behavior .
It is not OK to treat kids like criminals when they do things like this . ''
Federal law prohibits detaining juveniles for status offenses unless they violate a direct order from a judge , such as a requirement to go to school regularly or obey their parents .
The measure is intended to protect children from being easily detained for minor infractions .
But Michigan judges issue so many court orders that the federal law is almost meaningless .
About half @ @ @ @ @ @ @ orders to lock up juveniles for status offenses in fiscal year 2016 , the most recent year for which data was available .
Michigan used court orders to do so 630 times , more than all but two states that year , according to data reported to the federal government .
The state that had most frequently used court orders , Washington , has since outlawed the practice .
The Michigan Legislature last week passed legislation that would limit to seven days the length of time youth can be detained for a status @ @ @ @ @ @ @ into compliance with federal requirements enacted in 2018 .
Sen. Sylvia Santana , who sponsored the legislation , said she hopes it 's the beginning of efforts to reform the state 's juvenile justice system .
“ We have a lot of things to fix , '' she said .
“ I hope we are on the right path . ''
In 1996 , when Michigan Gov .
John Engler pushed to build a “ punk prison '' for teenage criminals and boasted that the state had one of the country 's toughest @ @ @ @ @ @ @ thinking was common .
Fear of a purported wave of remorseless juvenile delinquents known as “ superpredators '' was sweeping the country , prompting lawmakers to pass stiffer penalties for young offenders .
Under Engler 's administration , Michigan lowered the age at which children could be tried as adults to 14 , although some could be younger , and instituted more punitive juvenile sentencing provisions , among other measures .
“ We made kids the boogeyman , '' said Charley Clapp , an attorney in Grand Rapids who has tried juvenile court @ @ @ @ @ @ @ “ We treated kids harsher .
Rather than looking at them as human beings , we just wanted to be tough on kids .
I do n't think we ever recovered . ''
Ingham County Prosecutor Carol Siemon said that when she was an assistant prosecutor in the 1980s and 1990s , she did not usually oppose probation officers ' recommendations to detain minors for noncriminal offenses .
Her own outlook has changed , but many prosecutors and judges in Michigan continue to view juvenile justice in a punitive way , she said @ @ @ @ @ @ @ culture , you do n't always think to question it , '' said Siemon , now considered one of the state 's progressive prosecutors .
“ That still lingers in the system . ''
While most other states ultimately moved toward a more reform-centered model , Michigan has been slow to reevaluate its approach .
Two primary barriers stand in the way : the decentralized system that allows counties to act with little oversight and the lack of data to drive decision-making or reform .
Individual county court systems keep files and some @ @ @ @ @ @ @ requested data related to the incarceration of juveniles for noncriminal offenses from more than a dozen counties ; none provided the information and some said they would have to search paper case files to gather it .
The Michigan Supreme Court could require county court systems to track the information and provide it to the state , but does n't .
“ Could we do a better job ?
Absolutely , '' said John Nevin , the court 's spokesman , who added that the Legislature would need to allocate funding as it @ @ @ @ @ @ @ Officials from the Michigan Department of Health and Human Services , which administers the juvenile justice system , also acknowledged the state 's deficiencies in data collection and analysis .
Without a standalone juvenile justice department , the state 's responsibilities are limited and scattered across the agency .
It inspects child welfare facilities , including residential treatment and detention centers , for compliance with licensing rules and laws .
Its Child Care Fund Unit reimburses counties half the cost of eligible placements and services for those involved with juvenile court .
The @ @ @ @ @ @ @ of delinquency cases ; the majority fall within the jurisdiction of the courts .
“ The juvenile justice work happens locally in each court , and they have their individual data they collect but it is not shared statewide , '' said Wendy Campau , who oversees juvenile justice programs at the agency .
“ It does n't allow us to make informed decisions in terms of strategies that could improve the experience of youth and families . ''
Michigan has pledged for years to improve its collection of juvenile justice data but @ @ @ @ @ @ @ administrators gathered at a “ Datapalooza '' conference eight years ago to discuss the urgent need .
Two years later , they detailed exactly what data should be collected , but have made little progress since .
Atasi Uppal , a senior policy attorney at the California-based nonprofit National Center for Youth Law who has worked in juvenile justice systems across the country , said the shortcomings in Michigan 's data are among the worst she has encountered .
“ In Michigan , people are quick to blame decentralization but slow to take @ @ @ @ @ @ @ , '' Uppal said .
A number of states not only gather the information but make it available to the public .
Florida publishes an interactive tool that provides data on juveniles in the system while other states , including Maryland , publish annual data reports .
In Indiana , which is decentralized like Michigan , a juvenile justice reform task force appointed this year aims to collect and assess data from across the state .
Michigan last published an annual report on juvenile justice in 2015 , and it focused only on @ @ @ @ @ @ @ of juvenile justice data in Michigan has some experts questioning whether it is by design .
“ You can not be this far behind in the data without an intent to do that , '' Vandervort , the Michigan law professor , said .
“ It 's not an inadvertent error .
This is intentional .
I do n't think they want to understand how bad it is . ''
Because there is little state oversight , young people may have very different experiences of the juvenile justice system depending upon where they @ @ @ @ @ @ @ justice by geography . ''
Grace , in Oakland County , was sent to detention just two weeks after being placed on probation , for her first violation .
Probation officers and judges in other counties — and even other courtrooms — may offer teenagers multiple chances before ordering detention , or not use detention at all for some offenses .
Mental health treatment and other services also vary widely by region ; some judges say they have to send young people to detention because that 's the quickest way they can get @ @ @ @ @ @ @ clients would be better treated for their mental health issues in the community but get locked up because there 's nowhere for them to go .
In other states with decentralized justice systems , state lawmakers have stepped in to mandate consistent policies , such as standardized assessments to match youth with the most appropriate level of supervision , said Josh Weber , who directs the Council of State Governments ' juvenile justice program .
Michigan has no such assessment tool .
In states like Illinois , which has revamped its juvenile justice @ @ @ @ @ @ @ has been key , but so has jurisdiction , oversight and advocacy .
The Illinois Department of Juvenile Justice sets state standards for detention and receives reports on all youth in detention , even those not directly in state care .
For decades , juvenile justice fell under the Illinois Department of Corrections , but breaking off as a standalone agency in 2006 helped usher in a new era , said Heidi Mueller , director of the state 's Department of Juvenile Justice .
“ In Illinois , without a doubt , removing @ @ @ @ @ @ @ critical to the department being able to change policies and practices and move toward a lot of reform , '' she said .
“ I do think if we had remained under Department of Corrections , the process would be much , much more slow-going , and we would be handcuffed . ''
Michigan has an Office of Children 's Ombudsman , which handles complaints related to child welfare and juvenile justice , but it does not have oversight over most delinquency cases because they are supervised by the courts .
Of the @ @ @ @ @ @ @ year 2019 , none was related to juvenile justice , records show .
During this most recent fiscal year , which ended in September , only four were .
Michigan 's ombudsman stands in stark contrast to Illinois , which in 2014 created the Office of the Independent Juvenile Ombudsman .
In fiscal year 2018 , the office received 1,203 calls from youth and their families and logged 1,000 in-person contacts with youth in custody , state records show .
Juveniles locked up at any of Illinois ' five state-run facilities can call @ @ @ @ @ @ @ of the day by dialing a four-digit code .
The calls are free and confidential .
Kathleen Bankhead , who was appointed Illinois ' first juvenile ombudsman and still serves in that role , said she did n't realize the importance of the office until she began touring the facilities and speaking to the youth .
“ It is the bigger systemic things , but it 's also the micro things , '' Bankhead said .
“ The individual youth that would get lost in the shuffle .
Even though it 's not @ @ @ @ @ @ @ kids and knows them by their names , someone that they will trust and reach out to , makes such a difference . ''
Michigan Gov .
Gretchen Whitmer , who took office in January 2019 , has made criminal justice reform a priority .
But she has so far largely focused on the adult system .
A task force studying incarceration found about half of all jail admissions in that system resulted from probation or parole violations , information that helped spur a package of criminal justice reform bills that would , @ @ @ @ @ @ @ can be used for adult probation violations .
Whitmer 's office did not respond to requests for comment .
The largest statewide juvenile justice reform came last year .
Michigan became one of the last states to pass legislation to ban automatically charging 17-year-olds as adults , a practice that began more than 100 years ago .
The change , which goes into effect in October 2021 , took years to accomplish in part because the state did n't have the data to understand how many youth would be affected .
Last week @ @ @ @ @ @ @ would automatically expunge certain offenses from a juvenile 's record , a move they already had approved for adults .
The Michigan Supreme Court took one step toward understanding concerns in the juvenile court system when it commissioned a review of juvenile defense in 2018 .
The National Juvenile Defender Center report , released this year , found that without state funding or oversight of juvenile defense in Michigan , young people too often have inadequate counsel by court-appointed attorneys .
Among other suggestions , the group recommended state monitoring , better training @ @ @ @ @ @ @ Appellate Defender Office to also take juvenile cases .
Following concern that Grace had been shackled during a court hearing , the state Supreme Court proposed a rule last month that would ban the use of restraints on juveniles during court proceedings unless there is a safety risk .
More than 30 states have limited or prohibited shackling juveniles , according to the nonprofit National Juvenile Defender Center .
Most young people are in court on nonviolent offenses , the group and others found , and shackling them often is unnecessary and can @ @ @ @ @ @ @ to make reforms on their own .
Wayne County , the home of Detroit , in 1999 essentially created its own juvenile justice system .
One stated goal was to keep more children in their communities and out of facilities .
The number of juveniles confined in secure , short-term detention went from an average of 500 a day in 1999 to around 82 in 2019 , according to Wayne County officials .
Attorney Jessica Martin has represented young people in Detroit for 13 years .
She said juveniles are rarely taken into @ @ @ @ @ @ @ given several opportunities before they are placed outside the home for a probation violation — though that still sometimes happens .
Probation officers there go beyond drug screens and attendance checks , she said , and help enroll families in Medicaid , drop off food baskets on Thanksgiving and work with schools to develop specialized education plans for students .
More recently , in Washtenaw County , which includes Ann Arbor , incoming county prosecutor Eli Savit has pledged to rely less on detention .
Savit said in an interview that his office @ @ @ @ @ @ @ minor school-based behaviors , marijuana crimes or status offenses .
“ You sink your hooks in that kid and any slip up , something not criminal , can warrant really severe consequences , '' he said .
Since he entered the juvenile court system in June 2018 on a felony weapons charge for bringing a concealed gun to school , Cartez , a Black 17-year-old from Inkster , outside Detroit , has n't been charged with any more crimes .
But he is regularly in trouble with the Wayne County court .
Cartez @ @ @ @ @ @ @ out of trouble , and records show he was “ progressing on probation appropriately . ''
But he said he soon became overwhelmed with the requirements : to repeatedly check in with his caseworker , get weekly drug screens and charge the electronic monitoring device he wore on his ankle .
He was irritated he could n't leave the house .
Probation , he said in an interview , began to feel like a “ set up . ''
He said he felt like he was under constant surveillance .
“ They want @ @ @ @ @ @ @ perfect , '' Cartez said .
Court officials determined he violated probation rules several times last year when he failed to do his virtual schoolwork , left home without permission and admitted to eating marijuana edibles , records show .
Authorities did n't see him using marijuana , which would have been illegal .
Even in Wayne County , considered a model of reform , those probation violations landed Cartez in detention and then in a residential facility near Grand Rapids , where he ended up staying for a year .
He turned @ @ @ @ @ @ @ what you do , it can be the smallest thing , walking down the street or going to the store at night and the police see you and find out you are on probation , you are going to get locked up , '' he said .
“ The system is waiting for you . ''
His mother , Sharise , said she wished there had been an alternative to detention , particularly because Cartez did n't commit new crimes .
“ I am all for discipline and I feel like if kids @ @ @ @ @ @ @ for their mistakes , '' she said .
“ But not so intense . ''
Home since August , Cartez initially followed the requirements of his probation , his court records show .
But on Dec. 3 , he appeared for a hearing after his probation officer filed a complaint that said he was not charging the electronic monitoring device and had tested positive for marijuana .
The court found Cartez had again violated probation .
His next hearing is set for the first week of January , when the court will decide @ @ @ @ @ @ @ to detention .

ProPublica Illinois is an independent, nonprofit newsroom that produces investigative journalism with moral force. Sign up for The ProPublica Illinois newsletter for weekly updates.
In Michigan, judges have sent children to locked detention centers for refusing to take medication or failing to attend online class. For testing positive for using marijuana. For repeatedly disobeying their parents.
Even as other states move toward reforms focused on keeping nonviolent juvenile offenders in the community, Michigan continues to lock up children for minor transgressions that aren't actually crimes: technical violations of probation or status offenses like truancy or staying out after curfew.
A dramatic example of this occurred last summer, when the case of Grace* provoked national outrage. A 15-year-old from suburban Detroit, Grace was sent to detention for violating her probation on earlier charges of theft and assault by failing to do her online schoolwork. Her situation was unusual. She was incarcerated for breaking a single rule of her probation during a pandemic, even as her school district said it wouldn't penalize students and the governor had ordered that residential placement be restricted to children who posed a safety risk. Less than three weeks after ProPublica published the first story about her case, the Michigan Court of Appeals ordered her immediate release.
But while Grace's case may have been extreme, it reflects a practice that is common and emblematic of Michigan's archaic and fragmented juvenile justice system, a ProPublica investigation has found.
Michigan keeps such poor data that the state can't even say how many juveniles it has in custody at any given time or what crimes they committed. But a ProPublica analysis of the federal government's most recent estimate, which used data collected on a single day in 2017, shows that about 30% of the youth confined to detention and residential facilities in Michigan were there for noncriminal offenses, compared with 17% for the country overall.
It can be hard to compare different states with precision because facilities self-report figures and the data varies by state, though experts agree the federal census is the best available measure. The analysis found that Michigan ranked fourth in the nation, trailing only the much more populous states of California, Texas and Florida in the number of minors held for technical violations, and that Michigan's rate was more than twice the national rate.
Michigan also locked up more children for status offenses than all but three states. Children of color, like Grace, were disproportionately involved at nearly every point in the juvenile justice system.
“Michigan is completely out of line with the rest of the country," said Joshua Rovner, a senior advocacy associate at The Sentencing Project, a nonprofit focused on criminal justice reform around the country. “That is a policy choice."
“The whole point of Grace's story is not that this just happened to Grace," he said. “There are hundreds of kids every year who are put in these facilities."
To examine Michigan's juvenile justice system, ProPublica talked with more than 80 lawyers, government and court officials, experts and young people involved in the system. Reporters reviewed court documents and state records, watched live court hearings broadcast on YouTube and analyzed available state and national data.
The investigation revealed a juvenile justice system lacking statewide coordination or authority. A decentralized structure allows counties to act with little oversight, and the state gathers almost no data from those jurisdictions, so it doesn't know what happens to the juveniles in them. The state's program, tucked inside the massive Department of Health and Human Services, struggles to manage and fund efforts among courts and governments across 83 counties. Because each local authority largely takes its own approach to juvenile justice, children's treatment varies widely depending upon where they live.
The state Supreme Court, which has the power to require county courts to standardize and report data, has not done so. And lawmakers, focused on problems in the state's child welfare and adult criminal justice systems, have failed to prioritize juvenile justice measures.
Michigan Supreme Court Justice Elizabeth Clement said leaders from the executive, legislative and judicial branches must work together to set new policies and pass legislation to reform the juvenile justice system.
“If it's not a priority from the top down, you're going to have the status quo. It'll be easy for everyone involved to say, 'Well, no one is going to hold anybody accountable,'" Clement said.
Michigan appears to be taking the first halting steps toward reform, recently becoming the 47th state to ban automatically charging 17-year-olds as adults. But experts and advocates say there is still much to do.
“Much of the world has moved on, but much of our system remains stuck in the mentality that has really gone by the wayside, that no academic, that no policymaker really still believes in," said Frank Vandervort, a professor who teaches and supervises at the University of Michigan Law School's Juvenile Justice Clinic. “We have too many kids in placement. We do not have enough community-based resources. In many ways, we are two or three decades behind what is thought of in contemporary times as best practice in juvenile justice."
During one virtual court hearing this month, the 16-year-old on the video screen sat in his kitchen, arms crossed, facing Judge Kathleen Feeney for a probation progress hearing. He hadn't been arrested on any new crimes since his original charge of assault, but he was skipping online school, smoking marijuana and disobeying his mother, his probation officer told the judge.
Feeney told the teen he could remain at home, but only if he followed all of her orders, including taking a new medication for mental health issues. He agreed, but when Feeney ordered him to swallow the pill during the hearing, he threw it on the floor.
“You can't order me to take something I don't need," he told the judge.
“Yeah, I can, otherwise you are going to get picked up. And you do need it," she said.
When he repeatedly refused to take the pill, Feeney found him in contempt of court. She said the teen posed a risk to himself if he didn't take the medication and instructed that he be detained. She later said detention was the quickest way to get him a substance abuse assessment.
Feeney, a Kent County Circuit Court family division judge, said she tailors her probation orders to what she thinks individual children need: Go to school, don't use drugs, take prescribed medication, go to bed at 9 p.m., read a book a week and write an essay about it. She tells them to post the probation orders on their refrigerators so they don't forget what's required of them.
“I tell them if you can't follow these orders, they will be telling me they can't be successful in their mom's home and I will find them a place to live. And I will," Feeney said in an interview. “They need to be watched. They have already proven they make bad choices. Probation is all about helping kids make better choices."
Feeney said if she didn't care about the teenagers who appeared before her, she wouldn't set limitations to help them get on a better path. She said she revokes probation on a case-by-case basis and only when a teenager's behavior and circumstances warrant it.
“I don't know what the alternative approach is," Feeney said. “I am always open to learning new things and figuring out how we can do things better. The things we are asking them to do in the probation orders are the rules of kidhood. ... To me, these are just trying to put down in writing the rules of kidhood that every kid should follow."
About 4,500 Michigan youth ages 10 to 16 were placed on probation in fiscal year 2018, according to the latest state figures. That data doesn't include individual offenses, but charges can include assault, robbery and weapons offenses. On probation, juvenile offenders typically live at home as long as they follow the rules a judge sets for them.
Those rules, though, can create unreasonable expectations for behavior by teenagers, some experts say. If they weren't in the juvenile justice system, their misdeeds could lead to a grounding or loss of privileges, not time in detention.
“Instead of helping kids do right, it is catching them do wrong," said Nate Balis, director of the Juvenile Justice Strategy Group at the nonprofit Annie E. Casey Foundation. “No young person is going to follow the rules all the time."
Driven by legislative and policy reforms, many states across the country have moved away from detaining young people for probation violations, data shows. In 2017, the National Council of Juvenile and Family Court Judges called for judges to ensure that teenagers who violate probation are not incarcerated. The group urged courts to use incentives and individualized case plans to manage juvenile offenders rather than issuing a litany of rules.
Recent legislation in Colorado limits the use of detention for juveniles, requiring an assessment of a youth's risks and needs before deciding whether a placement outside the home is necessary.
Kansas, Georgia, Hawaii, Kentucky, South Dakota, Utah and West Virginia have all adopted policies or enacted laws in recent years to reduce out-of-home placement for juvenile offenders, particularly those with minor offenses, according to the Pew Charitable Trusts, which has funded many of the initiatives.
But Michigan moved in the opposite direction. The one-day census, conducted by the federal Office of Juvenile Justice and Delinquency Prevention in October 2017, found 210 juveniles were confined for technical violations, compared with 144 during the first count in 1997. Illinois, by contrast, had reduced that population from 396 to 9 in the same time period.
Jason Smith, of the nonprofit Michigan Center for Youth Justice and a leading voice for reform, said the state should have a better understanding of the youth in its system. But even the limited data shows that Michigan confines too many young people for noncriminal offenses, he said. Doing so, “increasingly disconnects them from their families, schools and communities, and places them at risk of physical harm simply by being in a confined setting," Smith said.
As in most of Michigan's juvenile justice system, children of color are disproportionately affected. About 25% of the state's youth placed on probation in fiscal year 2018 were Black, even though they make up 17% of the state's population under 17, according to state data.
In Saginaw County, an area northwest of Flint near Lake Huron, children of color make up less than 40% of the county's juvenile population but accounted for more than 60% of those involved with the juvenile justice system.
Patrick Greenfelder, an attorney who defends juveniles in Saginaw County, said nearly all his probation violation cases end up with the young person in detention. Last Tuesday, three of Greenfelder's clients had hearings for probation violations. All were Black, and all risked incarceration for the same reason: not logging on to online classes. They faced more than a month in detention.
One teenager had missed a month of classes and several counseling sessions. A second didn't have a working laptop, and his mother said they didn't have WiFi for a few weeks because she had to pay for food and rent.
The third, a 16-year-old named Michael, was released from detention in October following charges for possession of a stolen vehicle, reckless discharge of a firearm and trying to escape from the courthouse.
He had been following the rules of his probation, but when Michael's school switched to remote learning, he began “spiraling downward," wrote his probation officer, John Meyette. Michael wasn't logging on regularly. When he did, it was only for short periods of time.
“I know he is not understanding the material and that is why he is not working," one of his teachers wrote in an academic report included in court records.
The probation officer's decision to recommend detention baffled his mother, Nicole. Michael had struggled with ADHD and anger issues since he was a child, she said, but until the pandemic, had managed with the help of medication and one-on-one support in his special education classes.
“Knowing his school history, knowing he needs extra help, you're still going to lock up my son?" she said in an interview. “He never committed another crime. I just don't think that's fair."
After about four months in detention, Michael himself said he didn't want to go back. “It ain't no place for me," he said in an interview.
Meyette, who declined comment for this story, argued for detention, in part because teenagers can't skip classes while locked up. But last Tuesday, Saginaw County Judge Barbara Meter made a decision that surprised the defense attorney. She said she didn't want to house young people in detention during a pandemic for missing school. She dismissed all three cases.
The probation officer seemed to anticipate the outcome by the time the third case came up. He told the prosecutor, “If it doesn't go the way we want it to, then at least we're making them sweat."
The 2017 federal data showed that in Michigan, one offense had sent children to institutions more often than robbery or theft or drug charges: “incorrigibility."
The term generally refers to a child who repeatedly defies a parent or guardian. That can include leaving home without permission, using abusive language or spending time with “undesirable people." Incorrigibility, like truancy or running away, is a status offense, deemed a violation of the law only because it is committed by a minor.
According to the 2017 federal data, Michigan held more young people for status offenses than 46 other states. Nearly half of those juveniles were Black and the majority were female.
“That is how girls come into the justice system in Michigan," said Terri Gilbert, a former supervisor for juvenile justice programming in Michigan and advocate for reform. “We would be much better off seeking services in community-based behavioral health or family support programs than criminalizing this behavior. It is not OK to treat kids like criminals when they do things like this."
Federal law prohibits detaining juveniles for status offenses unless they violate a direct order from a judge, such as a requirement to go to school regularly or obey their parents. The measure is intended to protect children from being easily detained for minor infractions. But Michigan judges issue so many court orders that the federal law is almost meaningless.
About half of the states did not use court orders to lock up juveniles for status offenses in fiscal year 2016, the most recent year for which data was available. Michigan used court orders to do so 630 times, more than all but two states that year, according to data reported to the federal government. The state that had most frequently used court orders, Washington, has since outlawed the practice.
The Michigan Legislature last week passed legislation that would limit to seven days the length of time youth can be detained for a status offense, which would bring the state into compliance with federal requirements enacted in 2018.
Sen. Sylvia Santana, who sponsored the legislation, said she hopes it's the beginning of efforts to reform the state's juvenile justice system.
“We have a lot of things to fix," she said. “I hope we are on the right path."
In 1996, when Michigan Gov. John Engler pushed to build a “punk prison" for teenage criminals and boasted that the state had one of the country's toughest juvenile justice systems, his line of thinking was common. Fear of a purported wave of remorseless juvenile delinquents known as “superpredators" was sweeping the country, prompting lawmakers to pass stiffer penalties for young offenders.
Under Engler's administration, Michigan lowered the age at which children could be tried as adults to 14, although some could be younger, and instituted more punitive juvenile sentencing provisions, among other measures.
“We made kids the boogeyman," said Charley Clapp, an attorney in Grand Rapids who has tried juvenile court cases for more than 30 years. “We treated kids harsher. Rather than looking at them as human beings, we just wanted to be tough on kids. I don't think we ever recovered."
Ingham County Prosecutor Carol Siemon said that when she was an assistant prosecutor in the 1980s and 1990s, she did not usually oppose probation officers' recommendations to detain minors for noncriminal offenses. Her own outlook has changed, but many prosecutors and judges in Michigan continue to view juvenile justice in a punitive way, she said.
“If it is your local culture, you don't always think to question it," said Siemon, now considered one of the state's progressive prosecutors. “That still lingers in the system."
While most other states ultimately moved toward a more reform-centered model, Michigan has been slow to reevaluate its approach. Two primary barriers stand in the way: the decentralized system that allows counties to act with little oversight and the lack of data to drive decision-making or reform.
Individual county court systems keep files and some data on their own cases. ProPublica requested data related to the incarceration of juveniles for noncriminal offenses from more than a dozen counties; none provided the information and some said they would have to search paper case files to gather it.
The Michigan Supreme Court could require county court systems to track the information and provide it to the state, but doesn't.
“Could we do a better job? Absolutely," said John Nevin, the court's spokesman, who added that the Legislature would need to allocate funding as it has done for other data efforts.
Officials from the Michigan Department of Health and Human Services, which administers the juvenile justice system, also acknowledged the state's deficiencies in data collection and analysis. Without a standalone juvenile justice department, the state's responsibilities are limited and scattered across the agency. It inspects child welfare facilities, including residential treatment and detention centers, for compliance with licensing rules and laws. Its Child Care Fund Unit reimburses counties half the cost of eligible placements and services for those involved with juvenile court. The state directly oversees only a small percentage of delinquency cases; the majority fall within the jurisdiction of the courts.
“The juvenile justice work happens locally in each court, and they have their individual data they collect but it is not shared statewide," said Wendy Campau, who oversees juvenile justice programs at the agency. “It doesn't allow us to make informed decisions in terms of strategies that could improve the experience of youth and families."
Michigan has pledged for years to improve its collection of juvenile justice data but hasn't. State officials and court administrators gathered at a “Datapalooza" conference eight years ago to discuss the urgent need. Two years later, they detailed exactly what data should be collected, but have made little progress since.
Atasi Uppal, a senior policy attorney at the California-based nonprofit National Center for Youth Law who has worked in juvenile justice systems across the country, said the shortcomings in Michigan's data are among the worst she has encountered.
“In Michigan, people are quick to blame decentralization but slow to take charge of coming up with a solution," Uppal said.
A number of states not only gather the information but make it available to the public. Florida publishes an interactive tool that provides data on juveniles in the system while other states, including Maryland, publish annual data reports. In Indiana, which is decentralized like Michigan, a juvenile justice reform task force appointed this year aims to collect and assess data from across the state.
Michigan last published an annual report on juvenile justice in 2015, and it focused only on juvenile arrests through 2013.
The state of juvenile justice data in Michigan has some experts questioning whether it is by design.
“You cannot be this far behind in the data without an intent to do that," Vandervort, the Michigan law professor, said. “It's not an inadvertent error. This is intentional. I don't think they want to understand how bad it is."
Because there is little state oversight, young people may have very different experiences of the juvenile justice system depending upon where they live. Advocates have dubbed it “justice by geography."
Grace, in Oakland County, was sent to detention just two weeks after being placed on probation, for her first violation. Probation officers and judges in other counties — and even other courtrooms — may offer teenagers multiple chances before ordering detention, or not use detention at all for some offenses.
Mental health treatment and other services also vary widely by region; some judges say they have to send young people to detention because that's the quickest way they can get a psychiatric evaluation. Attorneys say their clients would be better treated for their mental health issues in the community but get locked up because there's nowhere for them to go.
In other states with decentralized justice systems, state lawmakers have stepped in to mandate consistent policies, such as standardized assessments to match youth with the most appropriate level of supervision, said Josh Weber, who directs the Council of State Governments' juvenile justice program. Michigan has no such assessment tool.
In states like Illinois, which has revamped its juvenile justice department over the last decade, data has been key, but so has jurisdiction, oversight and advocacy. The Illinois Department of Juvenile Justice sets state standards for detention and receives reports on all youth in detention, even those not directly in state care.
For decades, juvenile justice fell under the Illinois Department of Corrections, but breaking off as a standalone agency in 2006 helped usher in a new era, said Heidi Mueller, director of the state's Department of Juvenile Justice.
“In Illinois, without a doubt, removing DJJ out from under adult corrections was critical to the department being able to change policies and practices and move toward a lot of reform," she said. “I do think if we had remained under Department of Corrections, the process would be much, much more slow-going, and we would be handcuffed."
Michigan has an Office of Children's Ombudsman, which handles complaints related to child welfare and juvenile justice, but it does not have oversight over most delinquency cases because they are supervised by the courts.
Of the 1,169 complaints the office received in fiscal year 2019, none was related to juvenile justice, records show. During this most recent fiscal year, which ended in September, only four were.
Michigan's ombudsman stands in stark contrast to Illinois, which in 2014 created the Office of the Independent Juvenile Ombudsman. In fiscal year 2018, the office received 1,203 calls from youth and their families and logged 1,000 in-person contacts with youth in custody, state records show. Juveniles locked up at any of Illinois' five state-run facilities can call the ombudsman's office at any hour of the day by dialing a four-digit code. The calls are free and confidential.
Kathleen Bankhead, who was appointed Illinois' first juvenile ombudsman and still serves in that role, said she didn't realize the importance of the office until she began touring the facilities and speaking to the youth.
“It is the bigger systemic things, but it's also the micro things," Bankhead said. “The individual youth that would get lost in the shuffle. Even though it's not perfect, having somebody who knows the kids and knows them by their names, someone that they will trust and reach out to, makes such a difference."
Michigan Gov. Gretchen Whitmer, who took office in January 2019, has made criminal justice reform a priority. But she has so far largely focused on the adult system. A task force studying incarceration found about half of all jail admissions in that system resulted from probation or parole violations, information that helped spur a package of criminal justice reform bills that would, among other changes, limit when jail can be used for adult probation violations. Whitmer's office did not respond to requests for comment.
The largest statewide juvenile justice reform came last year. Michigan became one of the last states to pass legislation to ban automatically charging 17-year-olds as adults, a practice that began more than 100 years ago. The change, which goes into effect in October 2021, took years to accomplish in part because the state didn't have the data to understand how many youth would be affected. Last week, state lawmakers approved a measure that would automatically expunge certain offenses from a juvenile's record, a move they already had approved for adults.
The Michigan Supreme Court took one step toward understanding concerns in the juvenile court system when it commissioned a review of juvenile defense in 2018. The National Juvenile Defender Center report, released this year, found that without state funding or oversight of juvenile defense in Michigan, young people too often have inadequate counsel by court-appointed attorneys. Among other suggestions, the group recommended state monitoring, better training of lawyers, and expanding the State Appellate Defender Office to also take juvenile cases.
Following concern that Grace had been shackled during a court hearing, the state Supreme Court proposed a rule last month that would ban the use of restraints on juveniles during court proceedings unless there is a safety risk.
More than 30 states have limited or prohibited shackling juveniles, according to the nonprofit National Juvenile Defender Center. Most young people are in court on nonviolent offenses, the group and others found, and shackling them often is unnecessary and can exacerbate trauma.
Some counties have attempted to make reforms on their own. Wayne County, the home of Detroit, in 1999 essentially created its own juvenile justice system. One stated goal was to keep more children in their communities and out of facilities. The number of juveniles confined in secure, short-term detention went from an average of 500 a day in 1999 to around 82 in 2019, according to Wayne County officials.
Attorney Jessica Martin has represented young people in Detroit for 13 years. She said juveniles are rarely taken into custody for status offenses and often are given several opportunities before they are placed outside the home for a probation violation — though that still sometimes happens.
Probation officers there go beyond drug screens and attendance checks, she said, and help enroll families in Medicaid, drop off food baskets on Thanksgiving and work with schools to develop specialized education plans for students.
More recently, in Washtenaw County, which includes Ann Arbor, incoming county prosecutor Eli Savit has pledged to rely less on detention. Savit said in an interview that his office won't file cases against juveniles for minor school-based behaviors, marijuana crimes or status offenses.
“You sink your hooks in that kid and any slip up, something not criminal, can warrant really severe consequences," he said.
Since he entered the juvenile court system in June 2018 on a felony weapons charge for bringing a concealed gun to school, Cartez, a Black 17-year-old from Inkster, outside Detroit, hasn't been charged with any more crimes. But he is regularly in trouble with the Wayne County court.
Cartez said probation at first helped him stay out of trouble, and records show he was “progressing on probation appropriately." But he said he soon became overwhelmed with the requirements: to repeatedly check in with his caseworker, get weekly drug screens and charge the electronic monitoring device he wore on his ankle. He was irritated he couldn't leave the house.
Probation, he said in an interview, began to feel like a “set up." He said he felt like he was under constant surveillance.
“They want me to be perfect and nobody is perfect," Cartez said.
Court officials determined he violated probation rules several times last year when he failed to do his virtual schoolwork, left home without permission and admitted to eating marijuana edibles, records show. Authorities didn't see him using marijuana, which would have been illegal.
Even in Wayne County, considered a model of reform, those probation violations landed Cartez in detention and then in a residential facility near Grand Rapids, where he ended up staying for a year. He turned 16 while there.
“No matter what you do, it can be the smallest thing, walking down the street or going to the store at night and the police see you and find out you are on probation, you are going to get locked up," he said. “The system is waiting for you."
His mother, Sharise, said she wished there had been an alternative to detention, particularly because Cartez didn't commit new crimes. “I am all for discipline and I feel like if kids do wrong, they have to pay for their mistakes," she said. “But not so intense."
Home since August, Cartez initially followed the requirements of his probation, his court records show. But on Dec. 3, he appeared for a hearing after his probation officer filed a complaint that said he was not charging the electronic monitoring device and had tested positive for marijuana. The court found Cartez had again violated probation.
His next hearing is set for the first week of January, when the court will decide if the teen should be sent back to detention.


alternet--2020-12-22--These 4 psychopathic personality traits are linked to racial prejudice, right-wing authoritarianism:

These 4 psychopathic personality traits are linked to racial prejudice, right-wing authoritarianism: study

A new study published in the latest edition of `` Personality and Individual Differences '' highlights the relationship between psychopathic tendencies , pathological personality traits and prejudicial views .
Research suggests people with `` calloused , deceitful , and manipulative interpersonal styles '' are more prone to align with the beliefs of right-wing authoritarianism , according to PsyPost .
Sandeep Roy , a doctoral candidate with a major-applied focus on clinical psychology at the University of North Texas , explained the correlation between the two .
`` My interest in the relationship between pathological personality traits , such as those @ @ @ @ @ @ @ originated from my experiences working with offenders in the Arizona correctional system prior to graduate school , '' said Roy .
He added , `` I noticed offenders who were elevated in psychopathic propensities , as measured by the Psychopathy Checklist-Revised ( PCL-R ; Hare , 2003 ) , frequently used racial epithets to denigrate me and other staff .
When I began studying this personality disorder more in my graduate training , I noticed a paucity of literature relating psychopathy to prejudice . ''
Roy went on to explain what inspired his @ @ @ @ @ @ @ the uptick in `` hate-based violence '' in recent years .
The study focused on the Self-Report Psychopathy Scale-Short Form ( SRP-SF ) which broke psychopathy into four distinct categories : `` a manipulative and deceptive interpersonal style , callousness and lack of empathy , impulsivity , and overt antisocial tendencies . ''
`` Given the increase in hate-based violence in the last few years , I wanted to explore if certain personality traits traditionally studied in the realm of clinical psychology may be predictive of prejudice and provide empirical research on this @ @ @ @ @ @ @ `` Psychopathy is particularly relevant to prejudice given that facets of the disorder , such as callousness or lack of empathy , are predictive of prejudicial tendencies . ''
The latest research findings are said to align with previous studies conducted in Austria which highlighted how some people with seemingly `` dark '' personality traits had an increased likelihood to support right-wing political views and beliefs .
Roy 's research also noted a direct correlation between psychopathic tendencies judgmental views .
During an interview with with the publication , Roy further explained his @ @ @ @ @ @ @ findings of the study suggest that psychopathic traits , particularly the calloused and deceptive traits , are robustly associated with the tendency to prefer a society that keeps marginalized groups low in status and power and are also predictive of the propensity to use aggression towards violators of traditional social norms , both of which are salient predictors of a variety of prejudicial attitudes . ''

A new study published in the latest edition of "Personality and Individual Differences"highlights the relationship between psychopathic tendencies, pathological personality traits and prejudicial views. Research suggests people with "calloused, deceitful, and manipulative interpersonal styles" are more prone to align with the beliefs of right-wing authoritarianism, according to PsyPost.
Sandeep Roy, a doctoral candidate with a major-applied focus on clinical psychology at the University of North Texas, explained the correlation between the two.
"My interest in the relationship between pathological personality traits, such as those captured by psychopathy, and prejudicial tendencies originated from my experiences working with offenders in the Arizona correctional system prior to graduate school," said Roy.
He added, "I noticed offenders who were elevated in psychopathic propensities, as measured by the Psychopathy Checklist-Revised (PCL-R; Hare, 2003), frequently used racial epithets to denigrate me and other staff. When I began studying this personality disorder more in my graduate training, I noticed a paucity of literature relating psychopathy to prejudice."
Roy went on to explain what inspired his research as he noted his concern about the uptick in "hate-based violence" in recent years. The study focused on the Self-Report Psychopathy Scale-Short Form (SRP-SF) which broke psychopathy into four distinct categories: "a manipulative and deceptive interpersonal style, callousness and lack of empathy, impulsivity, and overt antisocial tendencies."
"Given the increase in hate-based violence in the last few years, I wanted to explore if certain personality traits traditionally studied in the realm of clinical psychology may be predictive of prejudice and provide empirical research on this understudied topic," he explained. "Psychopathy is particularly relevant to prejudice given that facets of the disorder, such as callousness or lack of empathy, are predictive of prejudicial tendencies."
The latest research findings are said to align with previous studies conducted in Austria which highlighted how some people with seemingly "dark" personality traits had an increased likelihood to support right-wing political views and beliefs.
Roy's research also noted a direct correlation between psychopathic tendencies judgmental views. During an interview with with the publication, Roy further explained his findings.
Roy said, "The findings of the study suggest that psychopathic traits, particularly the calloused and deceptive traits, are robustly associated with the tendency to prefer a society that keeps marginalized groups low in status and power and are also predictive of the propensity to use aggression towards violators of traditional social norms, both of which are salient predictors of a variety of prejudicial attitudes."


alternet--2020-12-22--How Roger Ailes’ legacy of ‘sexual misconduct’ and ‘surveillance’ is haunting a top Fox News executi

How Roger Ailes’ legacy of ‘sexual misconduct’ and ‘surveillance’ is haunting a top Fox News executive: report

Three and a half years have passed since the death of Fox News CEO Roger Ailes , who was 77 when he died on May 18 , 2017 .
But journalists Lloyd Grove and Diana Falzone , in an article published by the Daily Beast this week , stress that a top Fox News executive continues to be haunted by Ailes ' legacy of `` sexual misconduct '' and `` surveillance . ''
The executive is Suzanne Scott , who has been with Fox News since its inception back in 1996 .
Scott , Grove and Falzone note , started @ @ @ @ @ @ @ to Chet Collier — who was `` second in command at the time '' — and she was promoted to CEO of Fox News and Fox Business in 2018 .
Falzone herself is a former Fox News employee who filed a gender discrimination lawsuit against the right-wing cable news outlet .
`` Long-time Fox News staffers recall that ( Scott ) sat between Collier and Ailes ' private offices in the executive suite on the second floor of News Corp 's Manhattan headquarters , frequently fielding Ailes ' incoming phone calls , '' @ @ @ @ @ @ @ quarter-century later , however , Scott and her defenders are keen to argue that she was never a member of the inner circle .
Scott herself has denied complicity in , much less knowledge of , the sexual misconduct of the late Fox News founder — never mind the other Fox News executives and personalities cited in a dozen lawsuits that the publicly traded company has paid more than $ 100 million to settle with victims and shareholders . ''
But Grove and Falzone add that according to `` more than a dozen @ @ @ @ @ @ @ and former Fox News staffers '' — Scott `` has yet to be held accountable for her role over the years as a long-time Ailes lieutenant in allegedly facilitating a corporate culture of sexual misconduct , objectification of women and surveillance . ''
Scott , Grove and Falzone note , has `` been surprisingly successful at avoiding the spotlight '' and avoids media figures outside of Fox News and Fox Business — and she declined to be interviewed for their Beast article .
But Scott did agree to be interviewed for a Los @ @ @ @ @ @ @ and published in April 2019 .
And Scott told the Times , `` I have never had any issues with any sort of harassment myself.… I felt devastated for the women who work here .
I wanted to do everything I could to heal this place .
I had no clue on what was going on in Roger Ailes ' office . ''
But some of the interviewees for Grove and Falzone 's article do n't consider Scott blameless .
An anonymous interviewee described as `` one of Ailes ' sexual-harassment victims '' @ @ @ @ @ @ @ '' told the Beast , `` I ca n't say that she was aware of all that Roger did , because so much of his bad behavior was behind closed doors .
But she was certainly aware of some of what Roger did , and she was complicit in and enabling of that behavior . ''
Another interviewee , described by Grove and Falzone as a `` second former Fox News anchor , '' told the Beast , `` It 's a total sham she 's there on behalf of women .
If @ @ @ @ @ @ @ you would n't have new sexual harassment cases and probably more we do n't even know about because of arbitration clauses… .
Scott was definitely part of the Ailes club… .
I never saw her stray from how he did business .
She carried out all of his directives of retaliation . ''
Nancy Erika Smith , a well-known labor attorney who represented Falzone and anchor Gretchen Carlson in their lawsuits against Fox News , does n't believe that the culture of sexism at Fox News has gone away under Scott 's watch @ @ @ @ @ @ @ One need only watch Fox News to know that it 's still a culture full of misogyny , sexism , racism , xenophobia and Islamophobia — just like it was when Roger Ailes was there . ''

Three and a half years have passed since the death of Fox News CEO Roger Ailes, who was 77 when he died on May 18, 2017. But journalists Lloyd Grove and Diana Falzone, in an article published by the Daily Beast this week, stress that a top Fox News executive continues to be haunted by Ailes' legacy of "sexual misconduct" and "surveillance."
The executive is Suzanne Scott, who has been with Fox News since its inception back in 1996. Scott, Grove and Falzone note, started out as a "lowly assistant" to Chet Collier — who was "second in command at the time" — and she was promoted to CEO of Fox News and Fox Business in 2018.
Falzone herself is a former Fox News employee who filed a gender discrimination lawsuit against the right-wing cable news outlet.
"Long-time Fox News staffers recall that (Scott) sat between Collier and Ailes' private offices in the executive suite on the second floor of News Corp's Manhattan headquarters, frequently fielding Ailes' incoming phone calls," Grove and Falzone explain. "A quarter-century later, however, Scott and her defenders are keen to argue that she was never a member of the inner circle. Scott herself has denied complicity in, much less knowledge of, the sexual misconduct of the late Fox News founder — never mind the other Fox News executives and personalities cited in a dozen lawsuits that the publicly traded company has paid more than $100 million to settle with victims and shareholders."
But Grove and Falzone add that according to "more than a dozen women" — who include "current and former Fox News staffers" — Scott "has yet to be held accountable for her role over the years as a long-time Ailes lieutenant in allegedly facilitating a corporate culture of sexual misconduct, objectification of women and surveillance."
Scott, Grove and Falzone note, has "been surprisingly successful at avoiding the spotlight" and avoids media figures outside of Fox News and Fox Business — and she declined to be interviewed for their Beast article. But Scott did agree to be interviewed for a Los Angeles Times article written by Stephen Battaglio and published in April 2019. And Scott told the Times, "I have never had any issues with any sort of harassment myself.… I felt devastated for the women who work here. I wanted to do everything I could to heal this place. I had no clue on what was going on in Roger Ailes' office."
But some of the interviewees for Grove and Falzone's article don't consider Scott blameless. An anonymous interviewee described as "one of Ailes' sexual-harassment victims" and "a long-time on-air personality," told the Beast, "I can't say that she was aware of all that Roger did, because so much of his bad behavior was behind closed doors. But she was certainly aware of some of what Roger did, and she was complicit in and enabling of that behavior."
Another interviewee, described by Grove and Falzone as a "second former Fox News anchor," told the Beast, "It's a total sham she's there on behalf of women. If she had turned things around there, you wouldn't have new sexual harassment cases and probably more we don't even know about because of arbitration clauses…. Scott was definitely part of the Ailes club…. I never saw her stray from how he did business. She carried out all of his directives of retaliation."
Nancy Erika Smith, a well-known labor attorney who represented Falzone and anchor Gretchen Carlson in their lawsuits against Fox News, doesn't believe that the culture of sexism at Fox News has gone away under Scott's watch.
Smith told the Beast, "One need only watch Fox News to know that it's still a culture full of misogyny, sexism, racism, xenophobia and Islamophobia — just like it was when Roger Ailes was there."


alternet--2020-12-22--'Growing anxiety' at the Pentagon as officials brace for Trump's next unpredictable move: report

As the United States moves closer toward Inauguration Day , White House and Pentagon officials are reportedly bracing for President Donald Trump 's next unpredictable move .
With less than 30 days until President-elect Joe Biden 's Inauguration , officials admit they are concerned about Trump 's behavior and what he might do in the last days of his presidency .
According to CNN , there are concerns looming about the possibility of Trump making an unexpected military call in the coming days .
`` With just some 30 days to go before the US military watches its current commander @ @ @ @ @ @ @ growing anxiety in the ranks about what Trump might do in these remaining days .
Will the President order some unexpected military action , such as a strike on Iran , or will he somehow draw the military into his efforts to overthrow the election results ?
It 's a troubling enough scenario that military leaders have taken the unusual step of publicly stating that they will not play a role in deciding an American election . ''
In addition to Pentagon officials , CNN has also spoken to `` nearly a dozen @ @ @ @ @ @ @ or with direct knowledge of how senior commanders '' who weighed on their concerns about the uncertainty over the coming weeks .
However , none of the officials have wanted their names released presumably out of fear of retaliation .
`` We do n't know what he might do , '' one Pentagon official said .
`` We are in strange times , '' another said .
However , Gen. Mark Milley , chairman of the Joint Chiefs of Staff , released a statement last month addressing the military 's role in upholding @ @ @ @ @ @ @ not take an oath to a king or a queen , a tyrant , or a dictator , '' Milley said , adding , `` We do not take an oath to an individual .
No , we do not take an oath to a country , a tribe , or religion .
We take an oath to the Constitution . ''

As the United States moves closer toward Inauguration Day, White House and Pentagon officials are reportedly bracing for President Donald Trump's next unpredictable move.
With less than 30 days until President-elect Joe Biden's Inauguration, officials admit they are concerned about Trump's behavior and what he might do in the last days of his presidency. According to CNN, there are concerns looming about the possibility of Trump making an unexpected military call in the coming days.
"With just some 30 days to go before the US military watches its current commander in chief leave office, there is growing anxiety in the ranks about what Trump might do in these remaining days. Will the President order some unexpected military action, such as a strike on Iran, or will he somehow draw the military into his efforts to overthrow the election results?
It's a troubling enough scenario that military leaders have taken the unusual step of publicly stating that they will not play a role in deciding an American election."
In addition to Pentagon officials, CNN has also spoken to "nearly a dozen currently serving officers either in senior roles or with direct knowledge of how senior commanders" who weighed on their concerns about the uncertainty over the coming weeks. However, none of the officials have wanted their names released presumably out of fear of retaliation.
"We don't know what he might do," one Pentagon official said. "We are in strange times," another said.
However, Gen. Mark Milley, chairman of the Joint Chiefs of Staff, released a statement last month addressing the military's role in upholding the U.S. Constitution.
"We do not take an oath to a king or a queen, a tyrant, or a dictator," Milley said, adding, "We do not take an oath to an individual. No, we do not take an oath to a country, a tribe, or religion. We take an oath to the Constitution."


alternet--2020-12-22--Trump considers Pence's role in certifying Biden's election win 'the ultimate betrayal': report

President Donald Trump is not pleased with the role Vice President Mike Pence will have to play in certifying the 2020 election results .
According to a recent report by Axios , Pence , along with `` White House Chief of Staff Mark Meadows , White House counsel Pat Cipollone , U.S. Secretary of State Pompeo , and Senate Majority Leader Mitch McConnell ( R-KY ) , '' have all become new targets of the president 's wrath .
However , Pence is said to be a central target due to the constitutional obligation he will have when the Electoral @ @ @ @ @ @ @ 6 .
As Trump 's presidency comes to an end , he is becoming more frustrated with the people around him as he `` increasingly seeks comfort only in people who egg him on to overturn the election results , '' per the publication .
The report also suggests Trump is angered by Pence 's presumed lack of involvement in the post-election legal battle .
Trump is also not pleased with the possibility of Pence overseeing the Congressional hearing that will cement President-elect Joe Biden 's win .
According to the report , @ @ @ @ @ @ @ `` the ultimate betrayal . ''
`` Pence 's role on Jan. 6 has begun to loom large in Trump 's mind , according to people who 've discussed the matter with him , '' Axios ' Jonathan Swan reported .
`` Trump would view Pence performing his constitutional duty — and validating the election result — as the ultimate betrayal . ''
Behind closed doors , life in the White House has been anything but pleasant .
Trump has become far more impatient with those around him , allegedly `` lashing out @ @ @ @ @ @ @ to his requests and push his agenda to invalidate the results of the election .
`` At this point , '' according to Swan 's sources , `` if you 're not in the 'use the Department of Homeland Security or the military to impound voting machines ' camp , the president considers you weak and beneath contempt . ''

President Donald Trump is not pleased with the role Vice President Mike Pence will have to play in certifying the 2020 election results.
According to a recent report by Axios, Pence, along with "White House Chief of Staff Mark Meadows, White House counsel Pat Cipollone, U.S. Secretary of State Pompeo, and Senate Majority Leader Mitch McConnell (R-KY)," have all become new targets of the president's wrath.
However, Pence is said to be a central target due to the constitutional obligation he will have when the Electoral College vote goes before Congress on January 6.
As Trump's presidency comes to an end, he is becoming more frustrated with the people around him as he "increasingly seeks comfort only in people who egg him on to overturn the election results," per the publication. The report also suggests Trump is angered by Pence's presumed lack of involvement in the post-election legal battle.
Trump is also not pleased with the possibility of Pence overseeing the Congressional hearing that will cement President-elect Joe Biden's win. According to the report, the president views Pence's role as "the ultimate betrayal."
"Pence's role on Jan. 6 has begun to loom large in Trump's mind, according to people who've discussed the matter with him," Axios' Jonathan Swan reported. "Trump would view Pence performing his constitutional duty — and validating the election result — as the ultimate betrayal."
Behind closed doors, life in the White House has been anything but pleasant. Trump has become far more impatient with those around him, allegedly "lashing out" at those who refuse to adhere to his requests and push his agenda to invalidate the results of the election.
"At this point," according to Swan's sources, "if you're not in the 'use the Department of Homeland Security or the military to impound voting machines' camp, the president considers you weak and beneath contempt."


alternet--2020-12-22--COVID-19 might reduce US life expectancy by 3 years: report

A long list of major developed countries have had greater life expectancy rates than the United States , including 83 in Spain and France in 2018 and 81 in Germany that same year , compared with 78 in the U.S. in 2019 .
And because of the COVID-19 pandemic , Victoria Bekiempis reports in The Guardian , U.S. life expectancy might decrease by up to three years .
According to Bekiempis , `` The U.S. could see a decline of two to three years in life expectancy in 2020 due to the coronavirus , the steepest drop since the second @ @ @ @ @ @ @ become the third-leading cause of death in America , the Wall Street Journal reported . ''
The leading cause of death in the U.S. , Bekiempis notes , is heart disease , followed by cancer at # 2 .
And Bekiempis cites COVID-19 data from Johns Hopkins University in Baltimore to show why COVID-19 is moving into the # 3 position .
As of Monday , December 21 , Bekiempis observes , there had been 18 million cases of COVID-19 in the U.S.—and on Tuesday morning , December 22 , accoding to Johns @ @ @ @ @ @ @ death count had reached 319,466 '' For comparison , in 2019 around 659,000 people died of heart disease in America , and around 600,000 from cancer , '' Bekiempis reports .
`` The third-leading cause of death , accidents , killed around 173,000 . ''
The U.S. , according to Johns Hopkins , has the most COVID-19 deaths in the world .
The good news , as Bekiempis points out , is the arrival of COVID-19 vaccines in the U.S. Those who are being vaccinated this week include President-elect Joe Biden and expert @ @ @ @ @ @ @ , however , that `` some models predict a death toll of more than 500,000 by the spring , and more than 5,000 deaths a day . ''
Robert Anderson , who leads the CDC National Center for Health Statistics , told the Wall Street Journal that life expectancy in the U.S. , factoring in data for August and before that , has already dropped by about 1.5 years and added , we 've had a lot of deaths added since August .
So , I think a drop of two to three @ @ @ @ @ @ @ the question . ''

A long list of major developed countries have had greater life expectancy rates than the United States, including 83 in Spain and France in 2018 and 81 in Germany that same year, compared with 78 in the U.S. in 2019. And because of the COVID-19 pandemic, Victoria Bekiempis reports in The Guardian, U.S. life expectancy might decrease by up to three years.
According to Bekiempis, "The U.S. could see a decline of two to three years in life expectancy in 2020 due to the coronavirus, the steepest drop since the second world war. COVID-19 is poised to become the third-leading cause of death in America, the Wall Street Journal reported."
The leading cause of death in the U.S., Bekiempis notes, is heart disease, followed by cancer at #2. And Bekiempis cites COVID-19 data from Johns Hopkins University in Baltimore to show why COVID-19 is moving into the #3 position.
As of Monday, December 21, Bekiempis observes, there had been 18 million cases of COVID-19 in the U.S.—and on Tuesday morning, December 22, accoding to Johns Hopkins, the United States' COVID-19 death count had reached 319,466
"For comparison, in 2019 around 659,000 people died of heart disease in America, and around 600,000 from cancer," Bekiempis reports. "The third-leading cause of death, accidents, killed around 173,000."
The U.S., according to Johns Hopkins, has the most COVID-19 deaths in the world. The good news, as Bekiempis points out, is the arrival of COVID-19 vaccines in the U.S.
Those who are being vaccinated this week include President-elect Joe Biden and expert immunologist Dr. Anthony Fauci. Bekiempis adds, however, that "some models predict a death toll of more than 500,000 by the spring, and more than 5,000 deaths a day."
Robert Anderson, who leads the CDC National Center for Health Statistics, told the Wall Street Journal that life expectancy in the U.S., factoring in data for August and before that, has already dropped by about 1.5 years and added, we've had a lot of deaths added since August. So, I think a drop of two to three years for 2020 isn't out of the question."


alternet--2020-12-22--Conservative explains why William Barr is still the 'worst attorney general in history'

Outgoing U.S. Attorney General William Barr has been among President Donald Trump 's most aggressive defenders , but many Trump supporters are slamming Barr as a RINO ( Republican in Name Only ) for acknowledging Joe Biden as president-elect and telling the Associated Press that there is no evidence that widespread voter fraud occurred in the 2020 presidential election .
Conservative Washington Post opinion columnist Jennifer Rubin , however , argues that Barr 's reputation is beyond repair in a scathing column published on December 22 .
Rubin stresses , `` Attorney General William P. Barr 's legacy as the @ @ @ @ @ @ @ N. Mitchell , who went to jail over the Watergate scandal , was a Boy Scout by comparison — is secure despite his last-minute attempts to salvage his reputation… .
This minimal tip of the hat to reality does not absolve Barr of the innumerable ways he disgraced his office and undermined the reputation of the Justice Department . ''
The Never Trump conservative goes on offer a long list of reasons why she holds Barr in such low regard .
`` Barr held up release of the report by special counsel Robert @ @ @ @ @ @ @ the 2016 election for weeks and then misrepresented its contents at a news conference , '' Rubin explains .
`` Barr gave misleading testimony to Congress under oath about , among other things , Mueller 's objections to Barr 's summary . ''
During the Ukraine scandal , Rubin adds , Barr `` refused to recuse himself from the investigation of President Trump 's pressure on Ukraine regarding Hunter Biden 's activities there .
Barr 's department maneuvered to prevent a whistleblower complaint from reaching Congress promptly , and then gave the president @ @ @ @ @ @ @ reviewed the complaint . ''
Although Barr has acknowledged that widespread voter fraud did not occur during the 2020 presidential election , Rubin nots that he joined Trump in making the baseless claim that voting by mail encourages voter fraud .
`` Barr , in the lead-up to the 2020 election , echoed Trump 's false claims that voting by mail was rife with fraud , thereby setting the stage for Republicans ' attempt to delegitimize the election , '' Rubin observes .
`` Barr changed department policy and extended prosecutors ' powers @ @ @ @ @ @ @ were certified , prompting Richard Pilger , director of the Justice Department 's election crimes branch , to quit in protest . ''
On top of those things , Rubin writes , Barr `` denied the existence of systemic racism in police shootings '' and `` went along with and defended the use of tear gas against peaceful protesters outside at the White House . ''
Rubin wraps up her column by emphasizing that Barr does n't deserve high praise for acknowledging a perfectly legitimate presidential election outcome .
`` The new attorney @ @ @ @ @ @ @ a top-to-bottom review of Barr 's actions , establishing a definitive record of his egregious conduct and then promulgating reforms to prevent another attorney general and his subordinates from besmirching their offices and the Constitution , '' Rubin writes .
`` So , no , Barr gets no credit for failing to add just a few more items in his serial disgrace of his office . ''

Outgoing U.S. Attorney General William Barr has been among President Donald Trump's most aggressive defenders, but many Trump supporters are slamming Barr as a RINO (Republican in Name Only) for acknowledging Joe Biden as president-elect and telling the Associated Press that there is no evidence that widespread voter fraud occurred in the 2020 presidential election. Conservative Washington Post opinion columnist Jennifer Rubin, however, argues that Barr's reputation is beyond repair in a scathing column published on December 22.
Rubin stresses, "Attorney General William P. Barr's legacy as the worst attorney general in history — John N. Mitchell, who went to jail over the Watergate scandal, was a Boy Scout by comparison — is secure despite his last-minute attempts to salvage his reputation…. This minimal tip of the hat to reality does not absolve Barr of the innumerable ways he disgraced his office and undermined the reputation of the Justice Department."
The Never Trump conservative goes on offer a long list of reasons why she holds Barr in such low regard.
"Barr held up release of the report by special counsel Robert S. Mueller III on Russian interference in the 2016 election for weeks and then misrepresented its contents at a news conference," Rubin explains. "Barr gave misleading testimony to Congress under oath about, among other things, Mueller's objections to Barr's summary."
During the Ukraine scandal, Rubin adds, Barr "refused to recuse himself from the investigation of President Trump's pressure on Ukraine regarding Hunter Biden's activities there. Barr's department maneuvered to prevent a whistleblower complaint from reaching Congress promptly, and then gave the president a clean bill of health after Congress reviewed the complaint."
Although Barr has acknowledged that widespread voter fraud did not occur during the 2020 presidential election, Rubin nots that he joined Trump in making the baseless claim that voting by mail encourages voter fraud.
"Barr, in the lead-up to the 2020 election, echoed Trump's false claims that voting by mail was rife with fraud, thereby setting the stage for Republicans' attempt to delegitimize the election," Rubin observes. "Barr changed department policy and extended prosecutors' powers to probe fraud before the election results were certified, prompting Richard Pilger, director of the Justice Department's election crimes branch, to quit in protest."
On top of those things, Rubin writes, Barr "denied the existence of systemic racism in police shootings" and "went along with and defended the use of tear gas against peaceful protesters outside at the White House."
Rubin wraps up her column by emphasizing that Barr doesn't deserve high praise for acknowledging a perfectly legitimate presidential election outcome.
"The new attorney general in the Biden administration should conduct a top-to-bottom review of Barr's actions, establishing a definitive record of his egregious conduct and then promulgating reforms to prevent another attorney general and his subordinates from besmirching their offices and the Constitution," Rubin writes. "So, no, Barr gets no credit for failing to add just a few more items in his serial disgrace of his office."