VOL. XXIV, NO. 6

by Brenda McAvoy & Jerry Jewitt

Kevin, (not his real name), became a juvenile delinquent in the eyes of the government one warm day in June after he had taken his last semester exam.

Alive with summer fever, glad that school was out until next year, he went to a friend's house to celebrate his liberation.

The party went on for a couple of hours, but soon they ran out of alcohol. They decided to get more, and Kevin decided to get something to eat as well, but he had spent the last of his money on beer. He decided to take what he wanted via the five finger discount; otherwise known as shoplifting.

Kevin walked into the busy grocery store. He saw his task would be tough, but he would take a stab at it.

He went to a line of shelves and picked up some items. He looked around and saw people busy in their shopping, their backs turned to him. He didn't see the stockboy directly on the other side of a stack of boxes. Kevin stuffed the merchandise under his sweatshirt and stepped through an empty checkout counter as casually as possible. He walked toward the doors thinking "It's so easy."

"I was so confident! I never thought to look back to try to spot security guards," said Kevin. Kevin stepped outside and started towards the car. The others were coming back with more beer.

Kevin was soon at the car, with the others inside, waiting for him. He brought his merchandise out from under his sweatshirt and held it out to the occupants of the car. He thought his task was completed when a hand grabbed his sweatshirt at the shoulder. He turned to face the stockboy he hadn't seen previously in the store. "I was so surprised. I thought I could just run, but he had a good hold on me," said Kevin.

The situation hit him like a thunderbolt, shattering somewhere inside his head while his knees buckled and panic gripped him. Kevin thrashed out with his free hand and hit his captor before he was halted by two other stockboys.

Kevin was now a delinquent and he resigned himself to whatever he might face.

He was taken back to the store's office and was told to empty his pockets. He answered some questions they gave him and ten minutes later the stockboy called the police. Kevin had had it.

The police officer came and he was put in the car, uncuffed.

The door and window handles were sawed off and there was a wire mesh between him and the police officer. Neither of them talked until they arrived at the parking lot outside the station. "When I was in the car I looked around and thought, God, what are they going to do with me? I tried to think of a way to escape, but I decided not to."

Kevin was led into the station and had some papers filled out. The policeman told him that he would have to call his parents.

Only his mother was home, and she swore- harshly, the first time she ever did such a thing, but she said she would be right down.

He unconsciously felt in the pockets of his sweatshirt and felt his cigarettes there. He asked the policeman to discard them, deciding that it was not the time to break the news that he smoked as well as stole.

He was taken to a back room of the police station where he then filled out six finger print cards and had his mug shots taken.

His mother had arrived at the station in his absence. He tried to keep his face expressionless. "I just figured I better keep my mouth shut," Kevin said.

Kevin and his mother were told that the judge was busy in a court case and that he could see them next.

The judge asked them if they wanted a lawyer. They said they didn't know so the judge told them to come back in two weeks‑with a lawyer.

The lawyer cost them $250 and Kevin was given a six month Adjournment with Contemplation of Dismissal; it's probation without counseling.

Kevin, who had been carefree, was now scared, confused and financially broke, not to mention the three weeks grounding he received.

"I couldn't get over the whole thing. All this for about two and a half dollars worth of stuff," Kevin concluded.

This is a true story as related to a WESTERNER reporter. Kevin is only one of thousands of juveniles who become delinquents in the eyes of the government every year. In all, the juvenile will spend only about 15 minutes in court during his own trial. The court is there to mystify the juvenile; scare him.

Judge Hamilton clarifies some of the basic questions about the Cook County Juvenile Court system.

Judge Arthur N. Hamilton, presiding Judge of the Cook County Juvenile Division, has held this position for the past 11 years. Before being assigned his current position, he was a practicing lawyer for 20 years. Judge Hamilton claims "The hardest problem for me to deal with is the court's continuous changes."

Two major changes in the juvenile court system took place in 1982. First is the Automatic Transfer Law; this law sends any child over 13 years of age convicted of murder, rape, a deviate sex crime or armed robbery to the adult court automatically.

The second is a change in the Minor in Need of Supervision Law which takes a minor out of the home and puts them into a foster h ome if the court desires. Recently altered, the new law now allows the minor to receive guidance from court appointed councilors and remain in his own home.

"The only problem is the juvenile courts are always in the spotlight," said Judge Hamilton. He thinks that because civil rights people, parents and the general public take special interest in the courts, the legislature is encouraged to constantly change laws, thus adding instability to the court system.

Judge Hamilton believes that the juvenile court's job is twofold. "The primary purpose of the system is to protect society," he said. After that comes "diverting youngsters from crime and directing them into a more constructive channel," he adds.

Juvenile courts, prior to the '60s were more of a counseling service. When the first juvenile court system was set up in Chicago in 1899, its main purpose was trying to mete out punishments for individual cases, in the best interests of the minor.

"Our constitution makes us prove a juvenile is guilty beyond a reasonable doubt. This means we cannot use even important evidence if it was obtained improperly," he said. "It's a protection for the innocent, but it also protects those who are delinquent‑sometimes too much."

Although Judge Hamilton is in favor of most aspects of the Cook County system, he does not like to take the juvenile from the home to place him in one of the correctional facilities. He says, "I've never seen anyone go into St. Charles or Dwight and come out better than he went in."

Judge Hamilton believes that there are some inhibitors to actually working in the best interests of the minor. He blames part of it on the media. "Statistics show that the public is getting a distorted picture of juvenile crime due to the media," he said. "I realize the media must broadcast community interests." He said, "Its sad, but the majority of people just aren't interested in success stories."

Why do people like to hear about juvenile mischief? Judge Hamilton explains, "I'm convinced that people have a natural antagonism toward youth." He finds that trait in most adults especially the elderly who have to compete with them for funds. He goes on to say, "To many people, young people, are a bother."

Ms. Roseann Nuzzarello, a court‑appointed juvenile public defender, is more firmly against the present system than Judge Hamilton. "In the '60s and '70s there was a push for civil rights," she said. "This is when the juvenile court system began to change."

When the juvenile system was first set up in 1899 it counseled the minors‑helped them work things out. "There wasn't a trial or anything like that," said Ms. Nuzzarello. She believes that the system was better and had more effect before the changes.

The Euray‑Gault Act gave the juvenile rights. This may sound positive at first, but with the attainment of rights, comes a system similar to adult courts. Besides leniency, "the only differences between juvenile and adult court now are that the juvenile is not entitled to a jury or speedy trial," Ms. Nuzarrello said.

The changes in the system have brought about stiffer sentencing, she says. As to the Automatic Transfer Law, she states, "I don't feel it's necessarily a fair law." But, she says, the public wanted it, due to their antagonism and desire to see justice applied to everyone, including kids. "The original attitude used to be that no one under 14 years of age could commit a crimenow it's seven."

She places much of the responsibility on the community. "More attention needs to be given to these kids. More attention by the community."

"The parents don't help much, and, for that matter, neither do the courts," in her opinion. "An outside person has to step in," she said. "I believe that teens can be changed before they're too hardened, but they need help - the system isn't doing it."

Ms. Nuzzarello goes on to state, "I don't think the Cook County system is working. It's a case‑by‑case thing, but in the whole it really hasn't affected them." She goes on, "The system is supposed to rehabilitate, but I don't think the system as it is now really helps at all. The goal of the system should be in the best interest of the minor. But, I've never seen anyone come out of St. Charles or Dwight better than when they went in," she said.

"The goals of the minor who continues to show up in the juvenile court is to become a better car thief, and these are the skills they learn at St. Charles," says Ms. Nuzzarello.

"These kids who keep committing crimes don't care about anything. They need programs to get them interested in somethingschool, sports, anything," she says. "They have no goals, they don't see past tomorrow‑they don't have any reason to."

She concludes, "It's a sad situation. Funds are needed; programs are expensive. If the community is having a problem with juveniles, it's up to the community to help them."