3/26/2015
Exploring the Spectrum
How the Law May Advance a Social Movement
Tiffani N. Darden, Michigan State College of Law
Overview
 Criminalization
 Baseline Perspective
 Statistics
 Importance of Parental Involvement
 Empowering Guardians
 Accountability
 Prioritizing Education
 Detention Centers
 Reintegration
 Conclusion
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Baseline Perspective
 Juveniles should not be transferred to an alternative school,
or removed from their homes to a state detention center, for
committing a nonviolent offense; unless, their parents are
unwilling to provide fulltime guardianship (including
responsibility for ensuring the youth’s compliance with
probation obligations) or the state deems their parent(s)
unfit to supervise the child.
 What are the numbers?
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School‐to‐Prison Pipeline:
(revisited!) through recidivism SCHOOL
PRISION
Juvenile
Detention/
Alternative Schooling
Baseline Perspective
Juveniles should not be transferred to an alternative
school, or removed from their homes to a state
detention center, for committing a nonviolent offense;
unless, their parents are unwilling to provide fulltime
guardianship (including responsibility for ensuring the
youth’s compliance with probation obligations) or the
state deems their parent(s) unfit to supervise the child.
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Empowering Parents
 Knowledgeable Neutral Party
 Build Community Network
 Parental Responsibility Statutes
 Holding
parents responsible for children’s violent and
destructive behavior through civil and criminal sanctions
 Must be done in conjunction with prevention via family friendly
social policies
Detention Facility Conditions
 Taylor v. Robinson, 508 S.E.2d 289 (N.C. App. 1998)
 In regard to the request for a law library, the court finds that the
Plaintiffs have no constitutional right to a law library. (fair enough!)
 As a practical matter, juveniles between the ages of twelve and
nineteen, who, on average, are three years behind their expected grade
level, would not benefit in any significant respect from a law library,
and the provision of such would be a foolish expenditure of funds.
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Reintegration  Systemic Institutional Coordination
 Obtaining a transcript
 Transferring credits
 Timely enrolling in school
Too often, End Result: Parole Violation
 State Legislative Action
 Virginia
 California
Exploring the Spectrum:
How the Law May Advance a Social Movement
 Spectrum –
 We can’t ignore the reintegration needs of at‐risk youth.
 Stakeholders: the empowerment of parents & involvement of social services (when necessary)
 Law – legal advocates, judges, and legislation
 Social Movement –
 Providing quality education
 Reviving the juvenile justice system’s original purpose
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