Mark Soler is the Executive Director of the Center for Chil-


dren’s Law and Policy. Well before the DOJ investigation, his or- ganization began working with the Shelby County Juvenile Court to reduce the number of children unnecessarily detained in the system. Tis work is part of a grant from the Annie E. Casey Foun- dation. Soler acknowledges that children who commit violence must be held accountable. For some, that could mean prolonged deten- tion in the juvenile system. But for the vast majority of children, he believes alternatives to detention bring more positive outcomes. “If the juvenile justice system does not work properly, it can actu- ally jeopardize public safety by making it more likely that youth will become serious offenders,” says Soler.


“Youth locked up for


minor misbehaviors are held with youth charged with serious vio- lent offenses, and we are concerned about the ‘contagion’ effect in which the more sophisticated offenders teach the less sophisticated how to become real criminals.” He adds that detention must be carefully considered, because


it can have other harmful, long-term effects such as disrupting ed- ucation, exacerbating existing mental health problems and separat- ing a child from his support network. Tere is also the risk that other youth or even staff may abuse


children in detention. A 2013 DOJ study revealed that nearly one in ten children held in state-run and state-contracted juvenile de- tention facilities was sexually victimized. According to the study, Tennessee’s youth facilities were found


to have a higher than average rate of sexual violence. In fact, the facility where most Memphis children are detained, the John S. Wilder center in Somerville, was ranked the worst in the state – nearly 20% of children surveyed there reported they had been sex- ually abused by a staff member at least once in a 12-month period.


HOPE FOR THE FUTURE “What we don’t think about is the consequence of a punish-


ment-only philosophy.” Veronica Coleman-Davis is a former U.S. Attorney and a former Juvenile Court referee. She understands the role of punishment in a society. But Coleman-Davis believes our local news media is fixated on crime. She worries that focus blinds our community to what can really make us safer – smart invest- ment in helping children in trouble. “We can’t keep everybody in prison for life, regardless of the


offense,” says Coleman-Davis. “Most are coming out. And, if we can’t figure out how to rehabilitate or create systems that will keep the children out of the penal system … we will never solve the problem and never be ‘safe’ within society’s standards.” By bureaucratic standards, many of the changes required by


the DOJ are happening swiftly in Shelby County: budgets have been increased, staff added and long-standing policies, practices and perspectives in transition. But decades of systemic bias and constitutional violations can- not simply be erased in a few months or even years. Te DOJ can- not undo the long-term effects of poverty and abuse. Tis unprecedented effort to reform the way juvenile justice


is administered in Shelby County, however, may provide the most essential ingredient for positive change in our community: hope. “All children have strengths and the potential to become pro- ductive members of society,” says the NJDC’s Puritz. “A fair and


8 photos courtesy of the Office of the Public Defender


Chief Public Defender Stephen Bush has been charged with creating a new specialized unit for defending Shelby County's children.


balanced juvenile justice system translates to healthier societies and communities, because it helps youth heal and become constructive members of their community, rather than removed, alienated, and embittered.” Puritz maintains there is a better way to help children and our communities. And it comes down to being smarter about where we focus our money and our priorities. “Resources diverted from warehousing youth to educating them and providing real oppor- tunities for success have a greater impact on the financial stability and overall well-being of communities,” says Purtiz. It is this hope – if children are reached and redirected when their capacity for change is greatest – that Memphis can emerge a stronger, safer, more just city.


ABOUT THE AUTHOR Lurene Kelley is a former television reporter and professor of jour- nalism. She is the Special Assistant for Organizational Commu- nication for the Shelby County Public Defender’s Office. You can read more stories of justice on www.justcity.org.


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