Children are children, even if they don’t look or act like the ideal child in our minds.
But what if they are harsh, rude, or act out in ways that aren’t the same as other children? Brain science is clear that the brains of even older teenagers still have much development left to, even when their bodies or life experiences might seem to say otherwise. Children who grow up too fast are still children. Don’t delude yourself into thinking otherwise. In many ways, these kids are more childlike than their peers – lagging educationally and often saddled with childhood traumas that stagger even the staunchest law and order proponents.
When our justice system becomes too harsh and callous, it flirts with becoming a system of vengeance that places punishment at the zenith instead of living out its true purpose of correction and rehabilitation. This is a dangerous place for a system that addresses bad behavior while preserving our liberty. Turning a blind eye to elements of this system that do more harm than good makes us all complicit in that harm.
If we want our justice system to function as a mechanism to address and treat bad behavior, we must be willing to follow the data, track the outcomes, and ask ourselves the hard questions.
Is this working? Are we doing it right?
One area that is clearly out of alignment with the stated purpose of our justice system is the administration of fines and fees. Nowhere is this more clear than in our youth justice system. The data is clear. Forcing children to pay fines and fees as part of their sentence does not improve any outcomes for the child or the system. It does the opposite.
The data is clear. Forcing children to pay fines and fees as part of their sentence does not improve any outcomes for the child or the system. It does the opposite.
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– Mike Fonkert
These monetary burdens have been proven to increase recidivism for Kansas youth and can stay with them for years, well into their young adult lives, crippling their ability to access educational opportunities, employment, and even basic housing; and ultimately increasing their likelihood for increased justice system involvement in their future. These monetary burdens can also exacerbate already stressful situations at home — it’s a sad but true reality that poor kids and their families account for a substantial portion of those involved in the system.
Kansas charges youth fines and fees at nearly every step of the process — for electronic ankle monitoring, detention, probation, court-ordered programming or drug testing, and public defender representation. Kansas ranks near the top among US states regarding how many different fines and fees can be levied against our young people. The data shows us that this sets our young people up for failure.
Not charging kids fines and fees for their justice involvement doesn’t mean we are letting them off the hook.
If we follow data, research, and outcomes, we can clearly see that accountability for kids who commit crimes isn’t reduced by not imposing monetary penalties. Young people can still be required to do all the same things as before, but removing the financial burden actually leaves them more able to focus on completing their requirements, improving themselves, and moving forward.
If we truly want to increase accountability, we can again follow the data and research showing the effectiveness of restorative justice practices in achieving true accountability and building empathy in our young people for those they have harmed.
Last year, the Kansas House advanced a bill that would have ended the imposition of fines and fees (but wouldn’t affect restitution) for justice-involved youth. Still, the bill stalled as other legislative priorities stole the time and attention of legislators during the relatively short Kansas legislative session. However, the bipartisan support that advanced that bill remains in the Kansas Legislature, and bills have been introduced in both the House and Senate to end this ineffective practice.
Now is the time to acknowledge that charging kids fines and fees is, in fact, ineffective and can be deeply harmful to our young people. We should ask ourselves the hard questions and look for real solutions.
Mike Fonkert currently serves as the deputy director of Kansas Appleseed. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.
Excerpts or more from this article, originally published on Kansas Reflector appear in this post. Republished, with permission, under a Creative Commons License.
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