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A
Good Year for Amnesty for At-Risk Youth?
by Valerie Shaw
I'm not going to revisit pre-American History, but it is interesting
to me that since the founding of our country, Americans have been
the most forgiving people on earth, offering amnesty or pardon to
every former enemy we can think of. Every enemy, that is, except
our nation's youth.
Before my position is interpreted as a stand for domestic terrorism
(i.e. the proliferation of gangs) let me explain.
We hated the British, until we fought for and won our independence
in 1776. Following the Civil War, President Grant offered complete
amnesty to all Confederate soldiers who laid down their arms against
the Union.
After World War II, the Marshall Plan, framed by General John Marshall,
in 1947, ratified by Congress in 1948, offered sweeping amnesty
and financial aid "aimed at reducing the hunger, homelessness, sickness,
unemployment, and political restlessness of the 270 million people
in sixteen nations in West Europe" (including Germany) and Japan,
by the way.
After Viet Nam, in 1976, President Carter pardoned thousands of
draft-dodgers who, just 30 years before, would have been locked
in Leavenworth as cowardly traitors. Carter didn't like the word
"amnesty" (too explosive) but a presidential "pardon" didn't seem
to offend anybody.
It's not just in the aftermath of war that prompts America's forgiveness.
President Ford forgave Richard Nixon, saving the former President
from the disgrace of a public trial. President Clinton forgave billionaire
Mark Rich, a fugitive from the IRS for over a decade.
Speaking of the Internal Revenue Service, they've offered amnesty
for tax avoiders many times since 1913, when the 16th Amendment
to the Constitution made the income tax a permanent fixture in the
US tax system, allowing "cheaters" to file without penalties. Some
state and county courts regularly offer amnesty to people whose
traffic fines have not been paid. Even libraries offer forgiveness
from time to time for overdue books. Yep, Americans sure know how
to forgive!
But when it comes to our own youth, America's at-risk teenage population,
we have developed a zero-tolerance for them to rebuild their lives,
putting their childish indiscretions behind them. For thousands
of American youth, outstanding bench warrants prevent them from
applying for driver's licenses; holding decent jobs; attending college;
getting credit or purchasing property. In today's get-tough-on-crime
environment, we have no room for forgiveness.
Take 21-year-old Alex, for example. (His real name.) For two years,
whenever Alex saw a black and white police car, he turned a corner,
ducked into a store, or jumped on a passing bus-even if it was going
in the wrong direction. He knew that if stopped and questioned,
his identification run, he'd be arrested for the two-year-old bench
warrant that was still hanging over his head.
Alex's tagging career began in middle school, using markers to scribble
on notebooks, books and school desks; and graduated to windows and
wall by the time he was in the 11th grade. "I had a lot of problems
at home with my step-dad and my younger brother. Every time something
happened at home I'd go out and tag up something."
One early morning, leaving his mark on the wall of a York Blvd.
barbershop he was nabbed, booked and ordered to appear before a
Superior Court judge. But Alex didn't appear; he couldn't appear.
Knowing that he was guilty, still he had no money to pay the fines
and court costs. So he made a fateful decision not to appear before
the Court that day. It was a decision that would cause him to live
in the shadows for two years, fearing any second glance by an officer
of the law.
Even when he found a safe and comfortable place to live, even when
he found a good job with the promise of bonuses and productivity
promotions, it wasn't until a parent advocate agreed to go to court
with him, that Alex was willing to turn himself in, risking 90-days
in jail for ignoring the two-year-old warrant.
Waiting all day to be heard, Alex watched defendant after defendant
remanded to jail for ignoring their bench warrants. Then in the
three-minute interview with his less-than-sympathetic public defender,
Alex was encouraged to "take a plea." Take 30 days and some community
service," she said. "That's about the best you can hope for," she
added dispassionately.
Alex was ashen. He thought about his job, his home, everything he'd
worked for, gone in the thump of a gavel. But that's where the parent
advocate stepped in and requested to speak the public defender.
She explained Alex's circumstances, his fears and his potential
as a citizen and a taxpayer, instead of a tax burden. She appealed
for mercy. And then, for good measure, she asked, "If our system
is about Justice, shouldn't it allow for a young man to turn himself
in voluntarily and expect fairness?"
Alex was given another chance to complete his community service
and pay his fines. To date he is keeping that commitment. "If more
kids were given a chance to turn their lives around," said Alex,
"they'd do it in a heartbeat." He admits that he didn't stand a
chance in front of the judge without his parent advocate. "We need
to have grow ups who believe that we can do the right thing. If
they just give us a chance, a lot of us will."
Perhaps Alex has a point. If more adults reach out to our youth
and call for an amnesty with regard to their petty crimes, we may,
in fact, be creating a safer environment for all of us. We've given
everyone on earth a chance to redeem his and her place in society.
Now, how about giving our kids a break?
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For other works by Valerie Shaw please see:
Valerie Shaw
offerings of an urban woman
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