| In my capacity as a Child Advocate for others as well as our son, I have researched the effects of Zero Tolerance policies which extend State mandates beyond serious crimes/felonies and criminalize childhood behaviors. Juvenile law is complex, and a juvenile record is serious business. Listed below are several of readily accessible studies on Zero Tolerance Policies and juvenile justice. Zero Tolerance: Education Lockdown -- The School to Jail House Track Unintended Consequenses of Zero Tolerance Derailed: The Schoolhouse to Jailhouse Track Opportunity Suspended: The Devastating Consequences of Zero Tolerance and School Discipline American Bar Association Report Juvenile Records: Juvenile Records Juvenile Practice is not Child's Play: "Enhancement in Adult and Juvenile Cases -- An adjudication counts as a prior conviction in adult court and therefore can lead to enhanced sentences under relevant statutes. A prior adjudication can also lead to enhanced sentences in the juvenile justice system." "A juvenile record can come back to haunt even the most law-abiding, responsible adults." Dictionary for Legal Terms on-line by findlaw.com: Adjudicate: to pass judgment on as a judge: settle judicially Texas Law Summary Expungement of Criminal Records*: 8. Do juvenile records "go away" when the juvenile turns 18? No. This is a popular misconception in Texas perhaps because it is often repeated in books and movies. However, juvenile records don't just "go away" at any age. As discussed above, juvenile records are kept confidential and, under certain circumstances, they can be sealed. Chapter 58.003 of the Texas Family Code allows a juvenile, through his or her attorney, to petition the court for the sealing of juvenile records. Such a petition will be granted if it meets the requirements of chapter 58.003. United States Navy and Marine Corps Criminal History Disqualification's: "As with the other services, the United States Marine Corps and United States Navy screen applicants for "moral qualifications" (criminal history). "It's important to note here that federal law requires applicants to divulge ALL criminal history on recruiting applications, including expunged, sealed, or juvenile records. Additionally, in most states, such records are accessible to military investigators, regardless of what you have heard to the contrary. "The process begins with an interview by the Recruiter, asking the applicant about any records of arrest, charges, juvenile court adjudications, traffic violations, probation periods, dismissed or pending charges or convictions, including those which have been expunged or sealed. Providing false information, or withholding required information is a federal offense, and individuals may be tried by Federal, civilian, or Military Court." Example: There are many cases wherein a juvenile record interfers with future employment, obtaining housing, etc.Just one example of how juvenile records later haunt a responsible adult. Parent Rights Organization: Katy Zero Tolerance is "... a group of parents concerned about the erosion of our parental rights in Katy ISD and other school districts throughout Texas, and the blatant disregard of our rights as parents when the school deems punishment is necessary. We understand the need for discipline in school and support wholeheartedly the needs to teach out children a lesson, to help children with discipline problems regain a correct path of behavior, and we support our teachers in their professional efforts to work with us in the education of our children. Current discipline policies in Texas schools fail to use the disciplinary system as a means to correct behavior and are used as a system to remove undesirable students from the education that all students are supposed to receive." Katy Zero Tolerance "... is no longer focused only on KISD. We urge parents from all over the state of Texas to join us in promoting parental rights to the State Legislature. Let�s stop the abuse of this system while continuing to protect our children and teachers from violence and drugs. It�s time to reintroduce a little used phrase into our public schools � Common Sense!" Sheila Macaluso [email protected] |
| Zero Tolerance and Juvenile Justice |
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