Death Penalty Education Juvenile Justice Sentencing Trauma

Obama Proposes Free Community College…. Should a 19-Year-Old Get the Death Penalty?…Horses Help Traumatized Kids….Pens v. Guns

FREE COMMUNITY COLLEGE FOR “ANYONE WILLING TO WORK FOR IT,” SAYS PRESIDENT OBAMA

In a surprise announcement recorded in a Vine video by President Obama aboard Air Force One and then released on Facebook on Thursday, the president stated his intention to propose that the two years of community college be offered free to students of any age.

“I’d like to see the first two years of community college free for anybody who’s willing to work for it,”

As to why he was doing this video release of a proposed policy, Obama explained:

“We’re doing a little preview of the state of the union. I figure why wait for two weeks.”

What he did not say but implied, is that the idea is a counter to the skyrocketing costs of college tuition, and the rise in student debt that is seen as increasingly problematic to young adults starting life after college.

“Education is the key to success for our kids in the 21st century,” Obama said. “But it’s not just for kids.” With the latter, he referred to adults who want to go back to school for additional training or retraining, “for better jobs, better wages, better benefits.”

He wants, he said, to make sure that “Congress gets behind these kinds of efforts…”

In other words, the pre-SOTU video release is a PR gambit.

According to a related White House information page, if all 50 states choose to implement the President’s new community college proposal, it could:

*Save a full-time community college student $3,800 in tuition per year on average

*Benefit roughly 9 million students each year

As to what the program would cost the taxpayer and how it would be funded…that information is still to come.

White House officials did say that the feds would pay 75% of the costs of the proposed program, with the states picking up the rest.


WHAT IF A TEENAGER CONVICTED OF MURDER IS ALSO AN ADULT? SHOULD WE PUT HIM OR HER TO DEATH?

When the trial of Dzhokhar Tsarnaev, the still-living member of the alleged Boston Marathon bombing duo, begins later this month, the largest question the jury will have to consider will not be so much about guilt, but rather about punishment.

Tsarnaev is accused of multiple counts of murder for the April 15, 2013, bombings at the Marathon finish line that killed three people and injured more than 260 others, some of them gravely. Tsarnaev and his brother also reportedly killed an MIT campus police officer in Cambridge, a few days after the bombing. In addition, Tsarnaev is accused of mass terrorism—a federal crime that is eligible for the death penalty.

So will Tsarnaev be sentenced to death? Should he be? WLA is not a great fan of capital punishment, but certainly if there is a crime that would arguably be eligible it would be the tragic bombing at the Boston Marathon.

And yet….

Yesterday we wrote about the new MacArthur Foundation report “Because Kids Are Different,” that outlines five different areas for juvenile justice reform based on what we know about the differences in cognitive development between adolescents and adults.

In their report, the MacArthur authors point to the 2005 ruling by the U.S. Supreme Court that eliminated the use of the death penalty for young people under the age of 18.

“The court noted three key distinctions between adolescents and adults that require the law to hold youth to a different standard:
(1) adolescents lack maturity and a sense of responsibility,
which can lead to “impetuous and ill-considered” actions and
decisions;1
(2) adolescents are more vulnerable and susceptible
to negative influences and peer pressure; and (3) the personality
traits of adolescents are not fixed, and are more transitory than
those of adults. According to the court, a youth’s ability to grow,
mature, and change must be recognized by the law for reasons
of basic logic, science, and morality

So if all of the above is true at age 17-and-ahalf, what about at age 19?

In a story called “The Teenaged Brain of the Boston Bomber,” the Marshall Project’s Dana Goldstein asks if Tsarnaev’s age—19 when the terrible bombings occurred—will be viewed as a valid defense when it comes to the sentencing phase of the trial.

Goldstein writes about the brain imaging that has been part of the new neuroscience of adolescence, which suggests young adults remain especially susceptible to peer influence, among other judgement altering factors, well into their twenties.

As it stands now, outgoing Attorney General Eric Holder has declined to take the death penalty off the table, saying that Tsarnaev acted in “an especially heinous, cruel and depraved manner.” He also pointed to Tsarnaev’s seeming lack of remorse.

Wherever you personally stand on capital punishment, Goldstein’s is an interesting story in that it outlines factors that may come into play when in determining Tsarnaev’s fate.

Here are some clips:

When it comes to young adults, much of that brain research has been conducted by Laurence Steinberg, a psychologist at Temple University. He and colleagues have observed that into the twenties, the brain is still undergoing myelination, a process in which a white, fatty substance coats nerve fibers, gradually improving the brain’s ability to make the neural connections necessary to plan ahead, weigh risks and rewards, and make complex decisions. Using functional Magnetic Reasoning Imaging (fMRI), Steinberg and colleagues have also been able to observe which parts of the brain are activated as teenagers and young adults complete various tasks.

In one laboratory experiment, two groups of subjects, one group in their teens and another in their mid-to-late-twenties, manipulated a vehicle along a track, first alone and then as two of their real-world friends observed. The teenagers and adults drove similarly when alone. But when performing in front of their peers, the teenagers took more risks and were more likely to crash their vehicles. The reward centers of the teenagers’ brains, which anticipate approval and pleasure, were highly active when observed by their peers, while the adults’ brains did not display such a pattern.

Those findings echo other studies — and common sense — suggesting that even intelligent teenagers act, essentially, stupid around their friends. This is true even in highly unusual, violent contexts, such as terrorist extremism. Research on radicalization shows young adults are often attracted to terrorist movements through loving relationships, particularly with siblings or romantic partners who hold extreme beliefs. This could be relevant to the Boston Marathon case, given the likelihood that Dzhokhar Tsarnaev was influenced by his 26-year-old brother, Tamerlan…

Judy Clarke, who represents Tsarnaev, is a high profile attorney and death penalty expert who has negotiated death-avoiding plea deals in such notorious cases as that of Unabomber Ted Kaczynski, and mass shooter Jared Loughner, who killed six people and shattered the life of former Congresswoman Gabrielle Giffords. Clarke has not commented on the strategy she and her team intend to use in the case of Tsarnaev.

Interestingly, if this were a state trial, rather than a federal trial, the matter would not be an issue since Massachusetts abolished the death penalty in 1984, more than decade before Tsarnaev was born.


FOR TRAUMATIZED KIDS HORSES CAN BE “A BEACON OF LIGHT IN AN OTHERWISE DARK WORLD”

This coming February, 25 experts from as far away as Finland will arrive at Saguaro Lake Ranch, a 1940s dude ranch near Scottsdale, AZ, for a four-day conference on how to treat kids with severe childhood trauma. Prominent among the treatment methods to be discussed for helping children with a high number of so-called “adverse childhood experiences”—or ACEs—is a method called equine assisted therapy.

(We’ve written in the past about the research on ACEs and their effect on the health well being of children and adults here and here.)

JoAnn Richi has the story on equine therapy for Aces Too High.
Here’s a clip:

Baylie is eight years old. Born to a mother addicted to cocaine and an alcoholic father, removed from her parents at six months and covered with bruises and cigarette burns, Baylie (not her real name) has spent her childhood shuffled from one foster home to another. She rarely speaks, makes little eye contact with adults, shows no interest in playing with kids her age, and recoils from any attempt at physical affection.

Baylie’s ability to connect with anyone, or anything, seemed impossible until the day she met a horse named Steady.

Baylie is very lucky. Her court-appointed therapist has found a way to combine her own love of horses with the rapidly evolving field of equine-assisted psychotherapy.

Once a week Baylie goes to the stables, holds out an apple for Steady to nibble from her hand, pats, brushes and talks quietly to him about the things she does not want anyone else to hear.

For children like Baylie who have never been able to trust people, a horse can become a beacon of light in an otherwise dark world. Suddenly something big and powerful leans in, nuzzles you and looks you right in the eye. There is nothing to fear; this animal will not leave you, he will not betray you. With a trained equine-assisted therapist, a child like Baylie can be gradually introduced to forming a relationship with the horse. This ability to bond, perhaps for the first time in her young life, will then hopefully expand, allowing her to trust and connect with the wider world and to the people who exist within it.

[SNIP]

Equine-assisted psychotherapy has been widely used in Europe for decades. Nina Ekholm Fry, born and raised around horses in rural Finland, is a warm, friendly woman who merged her interest in psychology with her love of horses. Fry was recruited by Prescott College in Arizona to develop and lead one of the few equine-assisted psychotherapy graduate and post-graduate level counseling programs in the United States.

Fry is leading a day-long workshop at the conference. “In working with individuals who have experienced trauma, who have a high ACE score, trust and control are significant issues,” she says. “Equine-assisted therapy expands the therapeutic environment. Suddenly the client is taken out of the usual confines of an office. When we bring a horse into the picture, we have more treatment options; we are outdoors, we interact with the physical world, we utilize the body in an active rather than passive manner, it opens up an array of treatment possibilities.”


“Solidarité” – A PREVIEW OF NEXT WEEK’S NEW YORKER COVER

More than perhaps any American publication, right now the New Yorker is loaded with commentary, essays and mini-stories about the massacre at the office of the longtime french satirical magazine, Charlie Hebdo.

Here, for example, is a clip from an essay by Philip Gourevitch called The Pen vs. the Gun, in which he writes about “a hellish day without consolation….”

We like to say—we who work with pens (or pixels)—that the pen (or pixel) is mightier than the sword. Then someone brings a sword (or Kalashnikov) to test the claim, and we’re not so sure.

The French cartoonist Stéphane (Charb) Charbonnier liked to say, when jihadis repeatedly threatened to silence him, that he’d rather be dead than live on his knees or live like a rat, so he kept right on drawing and publishing his loud, lewd, provocative, blasphemous caricatures of theocratic bullies. And now he’s dead—he and nine of his colleagues at Charlie Hebdo, the satirical magazine he edited in Paris—massacred by masked gunmen, who came for them in broad daylight, shouting “Allahu Akbar,” and also killed two policemen before fleeing with a cry, “The prophet Muhammad is avenged.”

It’s hard to imagine how the Charlie Hebdo crew would have wrung a joke out of their own executions. But you can bet that they wouldn’t have shrunk from the challenge, and you can be sure that the result would have been at odds with any standard of good taste, unless you consider it in good taste never to give any ground to the dictates of holy warriors who seek power by murdering clowns.

Ideally, it would never require great courage and commitment to make puerile doodles mocking those whom one perceives to be making a mockery of the things that they purport to hold sacred. But those dead French cartoonists were braver by far than most of us in going up against the deadly foes of our civilization, armed only with a great talent for bilious ridicule. On any given day, we might have scoffed at the seeming crudeness of their jokes, rather than laughing at their jokes on crudity. But the killers proved the cartoonists’ point with ghastly finality: theirs was a necessary, freedom-sustaining, and therefore life-giving, form of defiance. Without it, they knew, we—humankind—are less.

Last night, tens of thousands in France took to the streets of their cities in solidarity with the victims of the Charlie Hebdo attack. Many carried signs, declaring “Je Suis Charlie,” a memorial slogan that had already overtaken Twitter, where the hashtag #JesuisCharlie could easily be misread as a compression of the equally apt exclamation: “Jesus, Charlie!” The spectacle of these great throngs of outraged, unbowed mourners reclaiming their public spaces was heartening. But the truth is—–for better and for worse—–that, no, most of us, even in the most free of Western societies, are not Charlie.

For better, because so many of us have the luxury of often feeling secure enough in our freedom to take it for granted. For worse, because in taking our freedom for granted, we are too often ready to trade it for a greater sense of security. We are not Charlie, in other words, because we risk so little for what we claim to value so much. We are not Charlie, too, because most of us are relatively inoffensive, whereas Charlie, like so many liberating pioneers of free expression—think not only of Lenny Bruce and Mad magazine but also of Gandhi and Martin Luther King—were always glad to give offense to what offended them. And we are not Charlie, today, because we are alive.

Georges Wolinski, one of the martyred Charlie Hebdo cartoonists, once said, “Humor is the shortest path between one man and another.” But a bullet is swifter. After his death, his daughter said, “Papa is gone, not Wolinski.” Meaning, rightly, that his work—his voice, and his drawings, what he wrought with his pen—is immortal. Yet the reason that some people with guns prefer to kill some people who use pens is always the same: because it is effective. Terror works. (Just ask anybody who stood to make a buck on the theatrical release of “The Interview….”)

1 Comment

  • Age 19 is an adult (young, mind you). A typical 19 year old does not has the criminal sophistication that the surviving Boston Bomber had. I’m sure Bostonians don’t have a problem with the sentence being death.
    The bombers wanted to send a message. A message should be sent in return.

    Timothy McVeigh has been forgotten by some and never heard of by many.
    History always repeat itself.

    I’m a firm believer in that…. If you come in like a “Bad Ass” you should go out like one.

Leave a Comment