Wednesday, April 30, 2014

Children's Day in Mexico - Don't Forget the Invisible Children

(ESPAÑOL) Today is Día del Niño or Children’s Day in Mexico. Around the city there will be parties, free rides at the fairs for children, even free McDonald’s hamburgers. I am sure that my daughter will come home from her school party with a large bag of candy to rival the Halloween spoils of children in the United States.

Thursday, April 24, 2014

Mexico City Reforms its Juvenile Justice System

The Mexico City Assembly passed a new Juvenile Justice Law (Ley de Justicia para Adolescentes) last week. The new law creates an integrated adversarial system for all crimes. This will replace the existing hybrid system where "non-grave" crimes were tried in a semi-adversarial system with oral trials but "grave" crimes were tried under Mexico's traditional inquisitorial system. The differences between the adversarial system and inquisitorial system are significant. The inquisitorial system in Mexico is an off-shoot of a Spanish-style written system, where prosecutors file written briefs and written evidence, the defense gives written responses and the judge makes written rulings. Each step of the process is painful and drawn-out. The adversarial system uses oral hearings where lawyers state their cases orally, the judge responds and provides a ruling at the end of the hearing.

Tuesday, April 15, 2014

Spring Break in Prison

Visiting Day at adult prison in Mexico City
This week in Spring Break in Mexico. Kids actually have two weeks off from school for spring break. But don't worry, school goes until July14th.

As we are finishing up our work for the week and planning to get out of Mexico City for a few days, it got me thinking about what spring break is like for kids in prison.

Monday, March 24, 2014

Homeless and In Prison - Losing all Hope

I had the great pleasure of meeting with Casa Alianza- Mexico today. They gave me a tour a two of their five youth homes for homeless teenagers in Mexico City. It was an amazing experience. Casa Alianza, known as Covenant House in the US and Canada, is an organization that works with homeless teenagers through North and Central America. They have been in Mexico City for 26 years! There is an amazing amount of overlap between the homeless youth population and children in prison.

Wednesday, March 5, 2014

Excessive juvenile detention worsening Mexico's security problems?

There has been a lot written about Mexico's security problems. The drug war has led to tens of thousands of deaths. Certain municipalities, cities and large parts of some states are very dangerous places, where narco-gangs operate with impunity. We have met many families who have moved from more dangerous parts of the country to start life over in Mexico City - internally displaced people.

As a result of the insecurity, political pressure to get "tough on crime" has led to very draconian juvenile justice laws. Many states in Mexico allow kids to be imprisoned for one year or more while awaiting trial. Some states have excessive penalties juveniles, as high as 20 year sentences in some cases.

Is juvenile justice policy actually contributing to the security problems?

Saturday, March 1, 2014

Criminal justice reforms and legal education - creating a juvenilejustice clinic

In recent weeks I have been exploring the possibility of working with Mexican universities to create a juvenile justice law clinic. There are a few public and private law schools in Mexico City that have clinical programs, but none work with juveniles in prison. But the universities that I have spoken I with are very excited about the possibility.

Tuesday, February 25, 2014

Is anyone paying attention?

I became interested in juvenile justice, at least partly, because it seemed to be a forgotten and overlooked area for many. The problem of kids in prison was never the "flavor of the day" for human rights activists at my university. Even my first project in Bolivia with Save the Children was part of a side-project that Save had just started with kids in detention, and then shortly after I left ended the project.

With Mexico's ongoing criminal justice reforms, it would seem like fertile ground to be advocating for reforms to the juvenile justice system. Both the Mexican and US federal governments have been pouring resources into the criminal justice system reforms for years now. Mexican and US universities, and non-governmental organizations have been researching and advocating for reforms that recognize prisoners' rights. But among all of these efforts, very little has been directed towards juvenile justice reform.

Why is this? It is partly a question of expertise. Many criminal justice reform organizations state that they don't have the expertise in juvenile. Children's rights organizations don't have criminal justice expertise. It is also partly it is a question of resources and numbers. There are limited resources and organizations want to reach the largest number of people or reform the largest systems. So, prison reform and criminal justice reform focuses on adults because there are more. Whereas children's rights organizations focus on education and health because they impact more children.

But I believe that in reality reforms to the juvenile justice system impact a much greater number of kids than is immediately clear. Because juveniles can only be in the juvenile justice system until 18, those that re-offend are often over 18. Thus, the failure to respond to juvenile crime proportionally, excessive detention and the lack of community-based treatment and reintegration programs, means that the juvenile justice system is contributing to an over-burdened adult system.  Kids who are failed by the juvenile system re-offend as adults.

Furthermore, the problems that children's rights advocate are trying to address - lack of education, health and nutrition, even the lack of registering birth certificates - are all more acute for juveniles in conflict with the law. Many of these kids come from the most at-risk communities.

It is unfortunate that both among non-governmental organizations and the government, that juvenile justice is an afterthought. The ripple-effects from the failures of the juvenile justice system are impacting both criminal justice reform efforts and efforts to improve the situation of at-risk children. We need these communities to engage on juvenile justice reforms.