Black kids in St. Louis, Missouri are being disproportionately impacted by unconstitutional and discriminatory miscarriages of justice within the Family Court system, according to a two-year investigation by the U.S. Department of Justice.
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Ferguson and the St. Louis area have become a touchstone for civil rights activists protesting police and court treatment of minorities after an unarmed black teenager, Michael Brown, was shot and killed in August 2014 by a white Ferguson police officer. Now the Justice Department says children caught up in juvenile justice system in St. Louis County are treated unfairly.
As said by the St. Louis Post-Dispatch, the Justice Department will seek a mutual agreement to resolve the violations, but otherwise could litigate.
JEFFERSON CITY, Mo. (AP) – Missouri House Republicans have elected Rep. Mike Cierpiot of Lee’s Summit as th…
For the family court investigation, Justice Department officials analyzed data from almost 33,000 juvenile cases, and looked at court records, transcripts, policies and procedures and external reports. Her most recent article, “In Loco Juvenile Justice: Minors in Munis, Cash from Kids, and Adolescent Pro Se Advocacy – Ferguson and Beyond”, focuses on the overlap between municipal and juvenile court practices in Missouri.
For example, the probe found that Black youths are nearly one-and-a-half times more likely than White children to have their cases handled “formally”, even after introducing control variables such as gender, age, risk factors, and severity of the allegation.
The report found that young people accused of wrongdoing in family court often lacked adequate legal representation, were held without proper determination of probable cause, and sometimes pleaded guilty without fully understanding the consequences. “In a letter submitted to Gov. Jay Nixon, Stenger, and Judge Thea Sherry, the federal government said it is “committed to seeking a voluntary resolution with you to address the deficiencies discussed” in the report”. The court’s own legal officers play the role of prosecutors in the court, but are not “ethically constrained to pursue justice or act in accordance with the public interest”, according to the report.
“These conflicts of interest are contrary to separation of powers principles and deprive children of adequate due process”, Gupta wrote.
In a 61-page report describing serious and routine violations of youths’ rights, the Justice Department’s Civil Rights Division said youths accused of a crime are given little or no chance to stay out of detention, dispute the charges against them or have the help of a lawyer.
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The Justice Departments is continuing a similar investigation into Dallas County, Texas Truancy Court and Juvenile District Courts regarding due process and disability discrimination issues.
