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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