A media-outlet partnership investigates the illegal detention of juvenile offenders, in the state of Tennessee’s juvenile justice system.
WPLN and ProPublica published a story on how under the supervision of Judge Donna Scott Davenport and Rutherford County in Tennessee illegally arrested and jailed black children.
“For the kids of Rutherford County getting sent to juvenile detention was almost a rite of passage, a normal part of childhood,” said Meribah Knight, a senior reporter at WLPN and producer at Nashville Public Radio.
Tennessee’s juvenile offenders have no rights to a jury trial, there is no check and balances to a judge’s authority. The state has juvenile judges with discretion, whether or not a kids should be detained, and for how long.
Judge Davenport has moved to jailing kids as young as 7 years of age. Lawmakers are working to make sentences harsher for children. These new laws would make it easier to transfer children to adult court, noted the story.
In 2016, 11 black elementary school children allegedly witnessed a fight, between two children, ages five and six. All 13 of the children were arrested because they did not stop the fight.
Rutherford County justice system has stood out for years in terms of juvenile detainees. Since 2014 the County of Rutherford has 48% of its youthful offenders referred to court, while the state of Tennessee has only 5% mandated to appear in court, asserted the media’s investigation.
After calling for a judicial review by states Governor 11 members of Congress, ask U.S. Dept. of Justice in a signed letter to investigate the county’s juvenile justice system.
With an investigation launched by the U.S. Attorney General Merrick Garland President Joe Biden appointee this newly, renewed criticism settled a class-action lawsuit of $5 million for hundreds who have been arrested and jailed as children, according to the media outlets.
“There has to be something done to everyone who was involved in this.” said House Rep. Gloria Johnson D-Knoxville, Tennessee.
Johnson goes on to say the alleged crime was criminal responsibility for conduct of another a fake law and a horrible abuse of power.
A Human Rights for Kids organization investigated in 2020 that Tennessee was ranked as the worst in the Nation concerning their inability to protect children’s rights.
Federal Judge calls these conditions inhumane placing kids in solitary confinement. As well as state lawmakers saying this is a “nightmare and “unchecked barbarism,” reported the article. According to Nashville Public Radio, they found an inadequate system of oversight going all the way up to the state starting with the county and ending with Tennessee’s Department of Children’s services.
Judge Davenport in 2001, both declined to be interviewed, appointed Lynn Duke to Director of the Detention Center. However, all the detention centers will now have oversight by a new board regarding policies, procedures, and budget.
Juvenile Court Judge Sheila Calloway launched a new juvenile restorative justice program, allowing youthful offenders to meet with survivor of crimes.
This program allows young offenders accused of burglary, felony theft, or even homicide to have meaningful conversations between survivor and offenders working toward reconciliation and making meaningful amends.
However, in January Davenport announced she would retire at the end of her term this summer and would not be seeking re-election, Judge Davenport remained on the bench for years before retiring in 2022, according to WPLN and ProPublica.
