An interesting program in Mahoning County designed to teach young people about the criminal justice system.

A new teen court makes youthful offenders accountable to their peers and offers participants a hands-on learning experience on the justice system.

The program, designed for first-time juvenile misdemeanor and status offenders, was launched last month at the Mahoning County Juvenile Court in the Martin P. Joyce Juvenile Justice Center.

Ten other Ohio counties have teen courts.

It serves as a peer-sentencing court for cases such as shoplifting, disorderly conduct, harassment, truancy and fighting.

State lawmakers have still not come to a resolution on whether young people who sext will be charged with as sex offenders. While the ACLU supports not charging underage people with felonies, we advocate that this should not be a matter for criminal courts, but for education of students and parents.

A Warren County state representative is concerned a bill crafted a year ago to address “sexting” between minors has not passed the legislature.

State Rep. Ron Maag, R-Lebanon said he’s reached out to state Rep. Tyrone Yates, D-Cincinnati, who chairs the House Criminal Justice Committee, on Substitute House Bill 132, which would make the creation, exchange and possession of nude materials between minors by a telecommunication device a first-degree misdemeanor.

The bill would not rule out the possibility of a felony charge, which could be reserved for cases where the true intent of the crime is malicious.

Despite the U.S. Supreme Court categorically forbidding schools from doing so, a school in Iowa strip searched a group of students because a sum of money went missing.

School’s in! September’s here; pencils are sharpened, apples are polished, and — in one Iowa town where administrators’ summer reading list clearly did not include Safford Unified School Dist. #1 v. Redding — female students are strip-searched on suspicion of theft.

The Des Moines Register reported over the weekend that on Aug. 21, the third day of school, a student at Atlantic High reported $100 missing from her purse. Five girls who were somehow deemed persons of interest in the case were asked to strip in front of a female counselor and their accuser (!?). (No boys were involved because apparently none were around when the theft was believed to have occurred.) Lawyers (yuh!) for the girls’ families told the Register that (paraphrase) each girl stripped in varying degrees. One 15-year-old “was asked to remove all of her clothing including her undergarments.” Another asked if she could lift up her bra and was told that wasn’t good enough. One was searched twice. At least two were permitted not to remove their underwear because it was more revealing than the others’ and therefore an unlikely hiding place. [End of repellent soft-core juvie prison scene]

Students, have you been strip-searched at school? Tell us about it.

The Times takes a stand on finding better way to address the juvenile justice problems facing our nation.

In the 1990s, states and localities began sending more and more children to juvenile lockups, often for months, while they awaited trial for nonviolent offenses or even noncriminal behavior like being “unruly.” This was a disaster. Children who spend time in detention are far more likely to leave school, suffer alcohol or drug abuse problems or commit violent crimes as adults.

A far better approach — for these young people as well as overburdened government budgets — is to lock up only truly dangerous children and enroll the rest in community-based monitoring programs.

A deeply troubling snapshot of the state of our mental health services for juvenile offenders.

The teenager in the padded smock sat in his solitary confinement cell here in this state’s most secure juvenile prison and screamed obscenities.

The youth, Donald, a 16-year-old, his eyes glassy from lack of sleep and a daily regimen of mood stabilizers, was serving a minimum of six months for breaking and entering. Although he had received diagnoses for psychiatric illnesses, including bipolar disorder, a judge decided that Donald would get better care in the state correctional system than he could get anywhere in his county.

That was two years ago.

Last summer, the ACLU of Ohio expressed concern over the enforcement of Columbus’ curfew program. It appears as though the city is expanding enforcement to possibly send some young people to jail.

Last year, Columbus kids caught violating the city’s curfew got off with what amounted to a warning.

But this summer, police will be handing out summonses that will require violators and their parents to appear before a Franklin County domestic-relations judge. Children convicted of the misdemeanor could face up to a $500 fine and 60 days in jail, although judges have latitude to decide a lesser punishment.

The curfew “is not intended to be punitive in any way,” Mayor Michael B. Coleman said in announcing the enhanced enforcement plan yesterday. “It’s meant to protect them from harm.”

[…]

Children Services workers will try to persuade children to stay once they are taken in, but the agency can’t force them, said Director Eric Fenner.

That was also true at the YMCA last year after the American Civil Liberties Union objected that holding children because of their age is unconstitutional.

An Elyria resident speaks out about an important piece of legislation that would ban corporal punishment in our schools.

To the Editor: Parents are entrusted with protecting their children from things that may damage their growth and development. When parents select a form of discipline they wish to use, it often comes after carefully weighing what is best for their child and whether the punishment adheres to their individual beliefs. Despite the personal nature of this decision, Ohio allows some schools to continue to use corporal punishment even if the parents oppose it.

With so many effective disciplinary methods at the disposal of educators, there is simply no compelling reason to continue to use corporal punishment. Luckily, there is House Bill 26, a bipartisan bill pending in the Ohio General Assembly that would prohibit spanking in schools.

Many parents object to corporal punishment and go to great lengths to ensure their child is not exposed to any violence. Allowing schools to administer corporal punishment, even if the parents do not support this disciplinary technique, erodes the parents’ authority and possibly places the child in a negative situation. Banning corporal punishment in all schools will ensure parents retain their ability to make decisions for their children’s welfare and development.

More officials are needed to support this important legislation. Please take a few minutes and write or call Rep. Joseph Koziura and tell him to support House Bill 26.

While no one doubts teachers need to maintain control of their classrooms if students are to learn and progress, a parent’s authority to decide what types of punishment are appropriate for their child must be honored by the schools.

Amber Mann, Elyria

ACLU of Ohio Staff Counsel Carrie Davis suggests a better route to tackle the issue of teen “sexting.”

The recent bills proposed by state Rep. Ron Maag and state Sen. Bob Schuler to reduce penalties incurred by teenagers who electronically distribute nude photos of themselves or others are well-intentioned, but may create more problems than they solve.

The criminal justice system should not be the arena to address this issue. By exposing young people who simply made a foolish decision to criminal charges, officials may stigmatize those youth and could cause them to fall deeper into the court system. Instead, we must work to create strong educational programs to help teens cultivate better judgment and respect for others.

If a young person is upset that another person distributed his or her nude picture without permission, his or her parents should instead utilize the civil courts and sue the person for violating one’s privacy rights. Those who disseminate personal photos would still have negative consequences, but would not be labeled as a criminal and processed through the justice system.

While no one will argue that teens should be sending nude photos of themselves to others, the remedy is not to simply punish the children in criminal court. If we hope to prevent these unfortunate incidents in the future, parents and educators must engage in open and meaningful discussions with children about respect for others’ privacy and how to cope with pressure to engage in dangerous activities.

The Dispatch discusses a crucial students’ rights case before the U.S. Supreme Court this term and its local implications.

The U.S. Supreme Court wrestled yesterday with questions of when it is appropriate for school officials to strip-search students. The case could have bearing on at least one similar Ohio lawsuit.

[…]

Gary Daniels, associate director of the American Civil Liberties Union of Ohio, said it’s worrisome that the high court decided to hear the case.

“The 9th Circuit Court struck it down as unconstitutional,” Daniels said. He added that if the Supreme Court was to rule in a way that allowed for more strip-searching of students, it could make future litigation more difficult.

The ACLU reached a settlement with the Bucyrus school district this month over the search of five middle-school students suspected of having cigarettes. The five students were awarded a total of $24,000, and the district was instructed to redraft its policies on searches and conduct staff training.

Teens who take and share nude or semi-nude photos should be treated as kids - not criminals.

 […]

At a Columbus news conference, lawyers from the ACLU and Ohio State University said that no Ohioan has been convicted of a felony yet, but lives could be ruined if underage youths have to register as sex offenders for sharing nude or semi-nude photos or video.

Known as “sexting,” teenagers also have been charged with pandering obscene material and other pornography crimes for transmitting or posting photos on Internet sites like Facebook or MySpace.

The ACLU of Ohio urged officials to stop prosecuting juveniles, claiming that the damage from criminal trials far outweighs the act of sexting. They sent letters Thursday to all 88 Ohio county prosecutors and members of the Ohio General Assembly, urging them not to pursue criminal charges.

[…]

U.S. District Judge James Munley placed a temporary restraining order blocking a Pennsylvania prosecutor from filing child pornography charges against teenagers for “sexting.”

A federal judge on Monday temporarily blocked a prosecutor from filing child pornography charges against three northeastern Pennsylvania teenagers who appeared in racy photos that turned up on classmates’ cell phones.

U.S. District Judge James Munley ruled against Wyoming County District Attorney George Skumanick Jr., who has threatened to pursue felony charges against the girls unless they agree to participate in a five-week after-school program.

[…]

“We are grateful the judge recognized that prosecuting our clients for non-sexually explicit photographs raises serious constitutional questions,” Witold Walczack, legal director of the American Civil Liberties Union of Pennsylvania, said in a statement.

“This country needs to have a discussion about whether prosecuting minors as child pornographers for merely being impulsive and naive is the appropriate way to address the serious consequences that can result” when teens send sexually suggestive photos of themselves and others to one another, he said.

[…]

Munley’s decision to grant the teens a temporary restraining order prevents Skumanick from filing charges while the lawsuit proceeds.

The ACLU of Ohio has been at the forefront of correcting disproportionate sentencing of drug paraphernalia cases in the City of Cleveland. We are dedicated to improving fair enforcement, judicial equity, and community relations.

Remember that public service announcement that the Partnership for a Drug Free American launched back in 1987 that starred an egg and a frying pan? An announcer told viewers that the egg was their brain. He then cracked the egg and, as it sizzled in the pan, he intoned, “This is your brain on drugs.”

The ad — a hit at pot parties — was about as effective in combating drug use as Cleveland’s policy of automatically leveling felony charges against people caughe with traces of drugs in pipes and syringes.

To his credit, Mayor Frank Jackson realizes that. This month, he changed the city’s procedure for handling drug paraphernalia cases.

Now, drug abusers arrested with drug residues in crack pipes and heroin needles will face misdemeanor charges, which means they can seek treatment through the Greater Cleveland Drug Court.

Giving offenders a better chance to kick their habit is the kind of strategic response required to truly help them. We already know that scary ads and prison sentences don’t often work.

ACLU of Ohio Executive Director Christine Link states charging teens with felonies for bad judgment is a misuse of the law.

The recent furor over “sexting” and the resulting threats from many officials is more than troubling (”Sexting: Did you really want to send that out?” March 23). Sexual offender laws were created to protect children from predators, yet these same laws are being twisted to prosecute the very young people they were meant to shield.

Admittedly, teenagers do not always have sound judgment and make decisions impulsively without considering the consequences. No one will argue  young people should be sending nude or semi-nude images of themselves. However, should a young person’s entire life be ruined because they showed poor judgment?

Some law enforcement officials have promised to charge teenagers with felonies if caught in possession of nude or semi-nude photographs, even if the image is of themselves. These charges could include classification as a sexual offender, which would require the child to register with police every six months for up to 25 years. A felony record, especially with a sexual offender charge, will prevent them from obtaining employment in many fields, living in certain areas and pursuing education in some disciplines.

Punishing a child for the rest of their lives because of a careless indiscretion is unfair and a distortion of the sexual offender laws. These laws were meant to punish adults who prey on children, not young people with poor judgment who share inappropriate pictures of themselves.

Parents and schools have an important job in teaching young people to respect the dignity and privacy of themselves and others. Misusing sex predator laws to lock up children in prisons shows terrible judgment, a lack of balance and disregard for their welfare. Rather than locking the cell and throwing away the key, we must engage our young people and speak to them empathetically and intelligently about the pitfalls of sharing information electronically.

Christine Link
Executive Director
ACLU of Ohio