Many people want to believe that children in custody are being treated with dignity. However, an investigation by the U.S. Justice Department turned up serious issues with five Texas juvenile facilities.

The report from the investigation includes several recommended remedies for the issues raised. The Texas Juvenile Justice Department has not yet stated whether they plan to take the actions recommended by investigators.

Young Offenders Are Particularly Vulnerable

The criminal justice system is a terrifying place for adults. For young offenders, it can be a nightmare. Without an experienced attorney to help them, juveniles accused of crimes might be treated unfairly. Young people often don’t know they have rights or understand the best ways to assert those rights.

The facilities in question were for youths ranging in age from 10 to 19. Many of these young people may not have understood when guards’ behavior crossed the line into unlawful conduct. The abuses noted were widespread, affecting a large number of victims.

Improper Treatment

The investigation uncovered several types of improper or unlawful conduct:

• There were numerous reports of staff members using pepper spray frequently and for very minor infractions. Children were pepper-sprayed for things like slamming a washing machine door or talking back to the guards.
• There were multiple instances of young offenders being held in isolation for long periods of time.
• The juveniles at these facilities were not given the rehabilitation services that should have been provided.
• The juveniles were not properly protected from sexual abuse, including sexual abuse by staff members.

Recommended Improvements

The 72-page report listed several changes the facilities could make to address the problems. It recommended that they end the use of MK-9 pepper spray canisters, restrict the use of isolation, and mandate non-force intervention as a first response.

The Goal of Juvenile Detention

Unfortunately, the conditions found in these detention facilities are not unusual. Abuse is common in many incarceration facilities. This is one of several reasons why youth incarceration has been shown to be ineffective. If the goal is to put a stop to delinquent behavior and put kids on a better path, incarceration will not achieve it.

Juvenile detention should not be the default action when young people run afoul of the law. This would be true even if the facilities in question weren’t hotbeds for abuse and neglect. Avoiding, or at least minimizing, the time children spend in these facilities is the best way to help protect their futures.

Act Quickly to Protect the Rights of a Young Offender

Early and aggressive criminal defense is important. The Texas juvenile justice system is not the place to turn a troubled child around. At Lee & Wood, LP, our experienced defense attorneys can answer your questions and get started on the best defense for your child. Call our Fort Worth lawyers at 817-678-6771 or contact us online today.