Thursday, December 12, 2013

Transgender Youths in Juvenile System Article 2


 

WGST 202

T/TH 11-12:15

Professor Currans

Blog Topic:  Transgender Youths in Juvenile System

Article Review #2

 

Sexuality Research & Social Policy

http://nsrc.sfsu.edu

 

Marksamer, Jody.  (2008). “And by the Way, Do You Know He Think He’s a Girl?  The Failures of law, Policy, and Legal representation for Transgender Youth in Juvenile Delinquency Courts”

 

 

 Just for a purpose of understanding we will define a few terms Transgender- is someone whose personal idea of gender does not correlate with his/her assigned birth genitalia.   It could be someone  

who has undergone medical treatment to alter their physical appearance to match their internal feelings.  It could also include people who are not clearly defined as masculine or feminine. Sexuality-is how people experience and express themselves as sexual beings.  Sexuality could be sexual intercourse or sexual contact or just the behavior. It could include our at risk population which is our youths and when you add being a transgender youth; plus bias, discrimination and distrust that can equal to juvenile justice system because they are not understood.  The transgender youths are not yet fully understanding what’s going with themselves and these feelings they are experiencing.

First, Marksamer, J.  Tries to explain societal and personal factors of how and why transgender youths end up in front of a juvenile court judge. Secondly, Marksamer goes on to explain an overview of the juvenile delinquency system. In the third and final part it is explained how law, policy and legal representation has failed transgender youths in the juvenile delinquency system throughout the United States.  Marksamer, J main point is youths are mistreated because of bias and discrimination and the legal representation is failing them.   The transgender youths are being violated because of race, class and other differences.

Many transgender youths find themselves at a crossroad, they are just coming out and they are expecting love and support from their family; instead they receive rejection, harassment, and physical abuse. Most parents want their children to be a girl or a boy , nothing in between, nothing  questionable  that would make the parents upset or embarrassed. They try to prevent them from expressing their feelings or emotions by trying to instil in them that girls are to play with doll and boys play with truck. If these tactics doesn’t work it always therapy which could psychological harm them or religion that could bless it out of them. The most aggressive means is to beat them or just kick the child out the house.  According to The National Network of runaway and Youth Services it estimate that between 20% and 40% of homeless youth are lesbian, gay, bisexual, or transgender (LGBT) individuals. Many times homeless shelters that could help youths are for heterosexuals not transgender.  This force them to

become homeless and forced to sleep on the streets.  Without any means of income they are force to steal, become drug dealers, do things for sex which increases them to become assaulted and manipulated by other youths and adults.   The second place that most kids feel safe is in school, but transgender kids feel unsafe because they experience physical abuse, harassment and not just from their peers, their school administrators.  Many school administrators refuse to acknowledge transgender people’s chosen names and will not allow them to wear their chosen clothes to school.  Due to these issues they are usually kicked out of school because they are in violation of school dress codes.  This will make the youth stop attending school because they are feeling unwelcome, they are already being rejected at home by family, their self-esteem is LOW and now they feel they have nothing, but the streets with other youth such as themselves.  This is the turning point where they start to commit crimes, using drugs and getting arrested often for non-violent crimes.  Once arrested they are placed in detention facilities where they are again isolated from general population, for their own protection.

According to Kent vs. United States (1966) the theory of the juvenile court “is rooted in social welfare philosophy…The objectives (of the court) are to provide measures of guidance and rehabilitation for the child and protection for society, not to fix criminal responsibility, guilt and punishment.  Juveniles that are incarcerated are placed in prison-like facilities that provide little or no treatment and the facilities are usual overcrowded.  Most youths that are in juvenile court are provided with an attorney to defend them and to make sure they receive their due process rights.  Juvenile children should receive the right to meet with counsel, they should have legal aid during every stage of delinquency court proceedings including detention, disposition, and probation.

 How the courts fails our youths that are transgender is that they are mistreated, disrespected, and have their constitutional rights violated.  Transgender youth don’t receive adequate representation because many attorneys lack the understanding of gender and sexuality and they hold bias difference against them.  Without proper representation, transgender youth are pulled into the juvenile justice system.  When a youth should be sent to a low risk facility like a group home, but they are not because they are transgender.  It’s should be an advocate for them. Instead our youths are being placed in facilities that are high security with people with a long history of adult crimes.  When a court places a transgender youth in a secure facility it’s because no one else will accept them, they are being again placed in a vulnerable place where they are lacking socialization, medical care and Counsel.

When a transgender or any youth is placed in a correctional facility and are unable to have contract with their family and friends this could lead to additional problems like being hostile or depression.   Transgender are lacking medical and mental care while incarcerated they have a constitutional right to receive appropriate physical and mental healthcare.

  In reference to counsel, correctional facilities cannot interfere with communication between a delinquent and an attorney.  Defense attorneys and judges have a responsibility for making sure juvenile detention and correctional facilities do not violate a youth’s due-process.  Young people in juvenile justice facilities have a constitutional right to be free from physical emotional, and sexual abuse while in any Juvenile Detention Center.  The staff at these facilities have a legal responsibility to protect ALL youth that are in their care from being harmed in any aspect.  The constitutional rights have been violated by being terrorized, assaulted, raped, and beaten by other wards and inmates.    According to the Juvenile and Family Court Judges (2005), juvenile delinquency court judges have a legal and ethical responsibility to monitor all court-ordered services until all court requirements have been met.  Much work is needed for everyone in the justice system to understand and support transgender people.  The development and rehabilitation for all youths is a high priority, but until bias and discrimination is put to the side nothing and no one will be useful to our transgender youths.                  

In article one by Stotzer, R. the discussion was on Violence against Transgender People and how they were being targets because of their gender identity.  It’s no statics on crimes being committed to Transgender because they have a box to check in as male, or female.  So since it’s not box they don’t exist or the crimes don’t exist, I’m confused. Now, we have article two with Marksamer, J. who discuss Transgender youths that are being targets because of bias and discrimination and the lack of understanding of gender and sexuality by the juvenile system.  Our LGBT youths are in need of some advocates to help stand up for them. Are you willing to help?

 

 

 

 

 

 

 

 

 

 

 

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