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Kids For Cash. Full Length

Pat Mysj・70 minutes read

The text reveals a dramatic increase in juvenile crime, particularly among teenagers, and highlights the controversial judicial practices of Judge Mark Shiverella, who imposed harsh penalties on minors while being implicated in a corrupt "kids for cash" scheme. It also underscores systemic issues in the juvenile justice system, such as lack of legal representation and the detrimental effects of zero tolerance policies on children's mental health and behavior.

Insights

  • The number of murders committed by teenagers aged 14 to 17 surged by 165% over the last decade, indicating a troubling trend of increasing violent crime among youth, which has raised concerns among judges and lawmakers about how to address this issue effectively.
  • Judge Mark Shiverella, known for his stringent approach to juvenile crime, enforced maximum sentences for serious offenses and implemented a zero-tolerance policy in schools to combat violence, but his methods have come under scrutiny due to allegations of corruption and harsh treatment of juveniles for minor infractions.
  • The judicial scandal involving Shiverella and others revealed systemic failures in the juvenile justice system, with many youths lacking legal representation during their hearings, leading to unfair treatment and severe consequences for minor offenses, often without proper legal support.
  • The narrative reflects on the long-lasting emotional and psychological impact of the juvenile justice system on affected individuals, emphasizing the need for accountability and reform to prevent similar injustices in the future, while highlighting the resilience of those who have endured these experiences.

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Recent questions

  • What is juvenile justice reform?

    Juvenile justice reform refers to the efforts aimed at improving the juvenile justice system to ensure fair treatment, rehabilitation, and support for young offenders. This movement seeks to address systemic issues such as the over-incarceration of minors, lack of legal representation, and the harsh penalties often imposed for minor offenses. Advocates argue for a shift from punitive measures to more rehabilitative approaches, emphasizing the developmental differences between children and adults. The goal is to create a system that prioritizes the well-being and future of juveniles, reducing recidivism and promoting positive outcomes. Reform initiatives may include policy changes, increased access to legal counsel, and the implementation of programs that address the root causes of delinquent behavior, ultimately aiming to create a more equitable and effective juvenile justice system.

  • How does zero tolerance policy work?

    Zero tolerance policy is a strict enforcement approach that mandates predetermined consequences for specific behaviors, often in school settings. This policy emerged in response to concerns about school violence, particularly after high-profile incidents like the Columbine shooting. Under zero tolerance, any violation, regardless of severity, can lead to severe disciplinary actions such as suspensions, expulsions, or even legal repercussions. The rationale behind this policy is to deter misbehavior by imposing harsh penalties, but critics argue that it often leads to disproportionate consequences for minor infractions. Many believe that zero tolerance fails to consider the context of a student's actions and can contribute to a cycle of criminalization among youth, rather than addressing behavioral issues through support and rehabilitation.

  • What are the effects of juvenile detention?

    Juvenile detention can have profound and often negative effects on young individuals, impacting their mental health, educational opportunities, and overall development. The experience of being detained can lead to feelings of isolation, fear, and humiliation, as many juveniles are subjected to harsh conditions and strict discipline. This environment can exacerbate existing mental health issues, such as anxiety and depression, and may contribute to a sense of hopelessness. Additionally, the lack of educational resources and support in detention facilities can hinder academic progress, making reintegration into society more challenging. The stigma associated with being labeled a "bad kid" can also affect a juvenile's self-esteem and future prospects, highlighting the need for reform in how the juvenile justice system addresses youth behavior and rehabilitation.

  • Why is legal representation important for juveniles?

    Legal representation is crucial for juveniles as it ensures that their rights are protected during court proceedings and that they receive fair treatment within the justice system. Many young individuals lack the maturity and understanding to navigate legal complexities, making the presence of an attorney essential for advocating on their behalf. Without proper legal counsel, juveniles may face severe consequences for minor offenses, often without fully comprehending the implications of their actions or the legal process. The absence of representation can lead to unjust outcomes, including wrongful convictions and excessive sentencing. Ensuring that juveniles have access to legal support not only promotes fairness but also helps to address systemic issues within the juvenile justice system, ultimately contributing to better rehabilitation and reintegration outcomes.

  • What is the "kids for cash" scandal?

    The "kids for cash" scandal refers to a significant corruption case involving judges in Luzerne County, Pennsylvania, who were implicated in a scheme to profit from sentencing juveniles to private detention facilities. Judges Mark Chivarella and Michael Conahan were accused of accepting kickbacks in exchange for placing young offenders in these facilities, often for minor offenses. This scandal highlighted severe flaws in the juvenile justice system, including the lack of legal representation for many juveniles and the harsh penalties imposed without due process. The fallout from the scandal led to widespread outrage, investigations, and calls for reform, as it underscored the devastating impact of corruption on vulnerable children and the need for accountability within the judicial system. The case serves as a cautionary tale about the importance of ethical practices in the administration of justice, particularly for young individuals.

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Summary

00:00

Juvenile Justice System Under Scrutiny for Corruption

  • Over a recent 10-year period, the number of murders committed by teenagers aged 14 to 17 increased by 165%, highlighting a significant rise in serious violent crimes among juveniles.
  • Judge Mark Shiverella, known for his strict stance on juvenile crime, stated that he would impose the maximum sentence allowed by law for teens convicted of serious offenses such as murder, rape, or violent crimes against vulnerable populations.
  • Following the Columbine incident, Judge Shiverella implemented a zero-tolerance policy in schools, instructing the probation department to strictly prohibit violence, weapons, and drugs in educational settings.
  • Shiverella emphasized that the actions of a small percentage of students should not ruin the educational experience for the majority, advocating for accountability among those who disrupt school environments.
  • The judge faced serious allegations, including charges of corruption for accepting kickbacks totaling $2.6 million in exchange for sentencing juveniles to privately run detention centers, part of a scandal known as "kids for cash."
  • Many juveniles were sentenced for minor offenses, often without prior records, and were subjected to harsh penalties, with Shiverella reportedly using intimidation tactics during court proceedings to ensure compliance.
  • The lack of legal representation for juveniles was a significant issue, with Luzerne County having a waiver of counsel rate ten times higher than the state average, leading to numerous cases being adjudicated without proper legal support.
  • Parents and advocates began to raise concerns about the systemic issues within Shiverella's courtroom, prompting investigations into the treatment of juveniles and the fairness of the judicial process.
  • The Juvenile Law Center filed a petition with the Pennsylvania Supreme Court to address the violations of rights and sought to expunge the records of affected juveniles, revealing a pattern of similar experiences among families.
  • The investigation into Shiverella's courtroom practices led to federal inquiries, with the FBI seizing records to uncover the extent of the corruption and the impact on the lives of countless young individuals caught in the flawed juvenile justice system.

18:47

Judicial Betrayal and Childhood Struggles

  • The narrator reflects on their childhood, describing a challenging upbringing in a single-parent home with limited income, where family game nights provided a sense of normalcy and connection despite struggles.
  • Justin, the narrator's son, displayed exceptional intelligence with a genius IQ and began building websites at age seven, but his behavior became problematic following the narrator's divorce, leading to difficulties in school.
  • Charlie, another child, faced challenges in school, particularly after developing a dental issue that affected his speech, which contributed to his placement in an alternative learning school where he felt out of place.
  • At age 14, the narrator experienced a traumatic court appearance where the judge, Rivera, decided to send Charlie to Camp Adams for 90 days, citing a lack of parental control, which left the narrator feeling helpless and devastated.
  • The narrator describes the harsh conditions of the detention facility, including being shackled and treated like a criminal, which created a sense of fear and isolation, contrasting sharply with their previous home life.
  • Daily life in the detention center involved physical training, limited freedom, and a lack of basic comforts, such as not having a pillow for the first two weeks, which contributed to feelings of depression and longing for family.
  • The narrator recounts a pivotal moment when a fellow inmate introduced them to marijuana, sparking curiosity and a desire to fit in, highlighting the influence of the environment on their behavior.
  • The narrator attempted to reach out to the judge through a letter expressing remorse and a desire for a second chance, but received no response, leading to feelings of abandonment and resignation to their situation.
  • The text shifts to discuss the judicial scandal involving judges Mark Shiverella and George Conahan, who were implicated in a scheme of sentencing juveniles for cash, leading to serious legal consequences for both.
  • The narrative concludes with reflections on the judges' motivations and the broader implications of their actions, emphasizing the betrayal of trust and the impact on vulnerable children caught in the judicial system.

34:27

Ethical Violations in Juvenile Justice System

  • Robert Miracle, a construction company owner, was advised to bid on a commercial project, which he won as the low bidder, leading to the construction of a center owned by Powell and others.
  • Miracle offered Chevrolet a finder's fee for referring him to the project, which he decided to split with Judge Conahan, believing Conahan deserved half for facilitating the deal.
  • Miracle informed Chevrolet that he would pay him a finder's fee of 10% of the construction costs, amounting to $220,000 from a total of $2.2 million, claiming it was a common practice in his industry.
  • Chevrolet accepted the payment but failed to disclose it when making judicial decisions, which raised ethical concerns and led to accusations of bribery, as he did not report the income on his taxes.
  • The initial payments were made to Beverage Marketing, a company owned by Mike Conahan, who also failed to report the income, leading to ethical violations regarding the acceptance of outside income.
  • The federal government accused Chevrolet of a quid pro quo arrangement, asserting that he profited from sending juveniles to detention centers in exchange for cash, which he denied.
  • A mother, Laureen Transu, sought to overturn her daughter’s delinquency adjudication, claiming the original trial was conducted without legal representation, prompting a new court hearing.
  • The juvenile justice system was criticized for its ineffective model of removing children from their homes, which often led to trauma and did not address behavioral issues, resulting in a cycle of re-incarceration.
  • Testimonies revealed that many juveniles did not have legal representation during their hearings, with statistics indicating that approximately 54% of cases lacked appointed counsel, raising concerns about the fairness of the system.
  • The narrative highlighted the developmental differences between children and adults, emphasizing that juveniles often lack the maturity and understanding of consequences, which should inform their treatment within the justice system.

50:59

Critique of Zero Tolerance in Juvenile Justice

  • The text discusses the legal process of waiving constitutional rights, emphasizing that individuals can voluntarily waive their rights, but must do so knowingly and involuntarily, as highlighted by the speaker's experience as a public defender since 1976 and chief public defender since 1980.
  • The speaker notes that many juveniles lack representation in court, but they can easily request a lawyer, and there is no significant difference in case outcomes between represented and unrepresented minors.
  • The speaker describes their role in juvenile probation, specifically as the chief of juvenile probation detention home administrator, and mentions the implementation of zero tolerance policies in response to school violence, particularly after the Columbine shooting in 1999.
  • Zero tolerance policies were introduced to deter misbehavior among adolescents, based on the flawed assumption that harsh consequences would prevent typical teenage behavior, leading to suspensions, expulsions, and arrests of thousands of students annually.
  • The speaker, who has worked in the Wilkes-Barre area school district for 41 years, emphasizes the importance of providing a safe environment for students and mentions hiring a director of Safety and Security along with three full-time police officers in schools.
  • The text critiques zero tolerance policies as harmful and ineffective, referring to them as "zero logic" and highlighting that they often lead to severe consequences for minor infractions, which were previously handled informally.
  • The speaker reflects on the shift in handling school misconduct post-Columbine, where minor offenses now result in juvenile court involvement, contrasting with past practices where students faced lighter disciplinary actions.
  • The narrative includes a personal account of a juvenile's experience with the justice system, detailing feelings of humiliation and isolation after being placed on probation, and the stigma associated with being labeled as a "bad kid."
  • The juvenile discusses their struggles with mental health, including post-traumatic stress disorder, depression, and anxiety, which led to significant school absences and feelings of not belonging.
  • The text concludes with a mention of a corruption case involving former judges in Luzerne County, specifically the "kids for cash" scheme, where judges conspired to send juveniles to a private detention facility in which they had financial interests, highlighting systemic issues within the juvenile justice system.

01:08:44

Juvenile Justice Scandal Exposes Corruption and Consequences

  • Conahan, a powerful figure, decided to cut funding for the county-run juvenile detention center, leading to its potential closure, despite the judge's reputation for high placement rates.
  • To secure funding, Conahan signed a secret placement guarantee with Robert Powell, ensuring the county would send juveniles to the new detention center, indicating a scheme for financial gain.
  • The government accused Conahan of accepting extrajudicial compensation, labeling it as a gratuity and a kickback, which he denied, claiming he never engaged in bribery or kickbacks.
  • Mark Chivarella, the former judge, faced trial for his involvement in the "kids for cash" scandal, with jury selection beginning after his indictment two years prior.
  • Chivarella maintained that he never profited from sending juveniles to detention, asserting that the trial focused on monetary transactions rather than the alleged "kids for cash" scheme.
  • The jury found Chivarella guilty of 12 out of 39 federal felonies, including racketeering and mail fraud, but acquitted him of 27 charges, including receiving bribes and extortion.
  • Chivarella expressed remorse for violating public trust and apologized to the juveniles affected by his decisions, insisting he never took cash for placements.
  • A victim's family member expressed deep anger towards Chivarella, stating that his actions had devastating consequences, including the loss of their child.
  • The narrative included personal reflections from individuals affected by the scandal, highlighting the emotional toll and the struggle for redemption and understanding in the aftermath.
  • The story concluded with a focus on the resilience of those impacted, emphasizing the importance of accountability and the hope for a better future despite the challenges faced.

01:32:05

Fraud and Struggles of a Young Adult

  • The individual recounts a troubling experience involving unauthorized use of their grandfather's credit card, resulting in 31 counts of access device fraud and one count of receiving stolen property, while reflecting on their struggles with substance abuse, including alcohol, marijuana, and pills, at the age of 18; they express a desire for practical life skills and job readiness, feeling that their time in placement did not adequately prepare them for real-world challenges.
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