This is a example of a JJPDA Act that has no teeth in the states, so I decided to use Virginia news article on anti-bias rules. Their is no point of having state jobs in which the department has no kind of authority to enforce regulations throughout the state, but only make recommendations to policy makers that simple do not care about closing loopholes with laws that address juvenile justice seriously.
Furthermore, their are departments that have no teeth is the state corporation office, Virginia Human Rights Act commission, Juvenile Justice, Criminal Justice, and any department that can only recommend and refer others to do a job that will have little effect on the issue. States can get rid of wasteful spending by eliminating figure head of issue departments. Figure head departments just means they are only there to say that the state has a department dedicated to specific issues to refer people to, but there is nothing the individual department can do without laws passed by public officials.
I wish they would just call these offices a place to get referred to a state law maker. Customer service phone representatives can do the jobs of these toothless departments. It is nothing wrong with these departments doing studies, but if the raw data is going to be put under the rug because it may compel justices to review in favor of some of our most repulsive criminals, than these departments further the degree of illness, and clearly circumvents preventions and treatment that should be addressed in all four branches of government executive, legislative, judicial, and administrative. The fourth branch administrative is not a official but informal branch of government. Critics actually acknowledge it as the fourth branch because it has authority to regulate specific government related matters.
In a country where we execute the mentally ill, the mentally retarded, and even the innocent people. Prosecutors should be sued for misconduct and punish in state/federal and civil/criminal courts. They withhold the most compelling evidence from the defense.
The pattern that they tried to exempt and exclude from public records is a custom of punishing the known mentally ill that is so wide spread in the justice system that it is enforced as law. Prosecutors have prior and constructive knowledge about a mentally ill person when bringing them to trail. The failure of the state and even the Bar failure to train and supervise the legal system holds them accountable for mentally ill patients. If the prosecutorial misconduct is exposed that rises above the immunity level and raises a legitimate dispute on the issue, than it would be every prosecutor/judge nightmare.
The appeal and overturning of convictions from a justice system that is bias, unfair, not partial, because it discriminates against the mentally ill. This may be the only way to really have a flawless justice system. All the studies and research that has been done on this issue, that state and it’s agents have ignored, holds them in my opinion to being a facilitator or accessory to the murder of its own citizens.
Merle T. Rutledge Jr.
Va. juvenile justice board OKs anti-bias rules
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The Associated Press
© June 30, 2011
By Zinie Chen Sampson
RICHMOND
Virginia’s Board of Juvenile Justice retained a ban on discriminating based on sexual orientation at its residential centers, despite concerns that it doesn’t specifically have that authority.
Gay-rights group Equality Virginia and others urged the board to continue its efforts to protect gay, lesbian, bisexual and transgender youth who are in custody in the agency’s facilities. The board on Wednesday discussed what steps it could take to provide proper care to young people in the system while following the law.
The board voted 4-1 — with Chairman Barbara J. Myers the lone dissenter — to reaffirm including specific protections based on sexual orientation in Department of Juvenile Justice regulations.
Equality Virginia lobbyist Claire Guthrie Gastanaga welcomed the board’s decision to “stand for what they think is right,” but acknowledged that the issue is far from resolved as the regulations advance toward final adoption. A similar regulation that offers protection against sexual-orientation discrimination in nonresidential centers is set to take effect on Friday.
The group went against advice from a staff lawyer from the attorney general’s office who said the state constitution equally protects all people and that sexual orientation hasn’t been designated for specific protection under the Virginia Human Rights Act.
Lara K. Jacobs said that in adopting the anti-bias language, the board risks creating a right that hasn’t been enumerated by the General Assembly.
Board member Aida L. Pacheco responded: “We’re not creating a right, we’re trying to prevent discrimination.”
The board approved the anti-bias regulations last year, but the agency stripped out the reference to sexual orientation during the final approval process on advice from the attorney general’s office. The board voted June 8 to restore the protections, then called a special meeting Wednesday to address the issue.
The board also discussed the Department of Juvenile Justice’s new offender classification program.
Kate Duvall, a lawyer with the Legal Aid Justice Center’s JustChildren program, said that the new classification program amounts to a major policy shift that doesn’t line up with the department’s stated policies to make rehabilitation and re-entry top priorities.
Advocates have petitioned the board to require the Department of Juvenile Justice to halt implementation of the new classification system, saying it put too much weight on the original offense committed, isn’t based on research, and neglects other factors that would better predict misbehavior.
But Jacobs advised the board that classification of youth offenders is an operational matter. Because the board only can address policy issues, it doesn’t have legal or regulatory power to order the department to suspend the new system.
Department director Hellvi Holland called the classification system a housing system, and said no youth would be denied services. She said via teleconference that department officials met two weeks ago with advocates and parents to discuss their concerns, and another meeting is scheduled for mid-July.
About 800 young offenders are in the Department of Juvenile Justice system on a daily basis.
1. http://hamptonroads.com/2011/06/va-juvenile-justice-board-oks-antibias-rules
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