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New England Juvenile Defender's Center - Zero Tolerance Policies

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WHAT IS ZERO TOLERANCE?

  • Zero tolerance is actually a one-size-fits-all mandatory punishment that forecloses adults' use of discretion, appropriate to the age, history and circumstances of the child as well as to the nature of the offense.
  • Zero tolerance is a more harmful version of mandatory sentencing, first, in that it takes no account of child and adolescent development, and second, because at least in the criminal justice system when mandatory sentences exist, there are different mandatory sentences for offenses of different seriousness.
  • Zero tolerance in schools has an especially serious impact on youths' educational possibilities. In a state like Georgia, where children who are expelled from school are expelled for life, or like Massachusetts where expelled students permanently lose their right to a public education, the ramifications of these policies are particularly severe.

    Information from: http://www.abanet.org/crimjust/juvjus/zerotolreport.html

  • Nationally, the Department of Education's Office for Civil Rights notes that suspensions have increased steadily for all students, rising from 1.7 million (or 3.7% of students) to 3.1 million (6.84% of students) by 1997. In the State of Maryland, 64,103 students were suspended or expelled in school year 1998-99, representing 7.8% of the student body. Over 60% of Maryland student suspensions were for non-violent acts, matching what other studies show nationally. (For a copy of the report please call 1800-421-3481.)
  • Suspension and expulsion policies have a much greater impact on minority students and special education students. A Justice Policy Institute analysis of recent data publicized by the Applied Research Center shows that in a number of cities, African American youths are suspended and expelled at rates many times higher than the rates at which white students are suspended and expelled.

    Information from: http://www.cjcj.org/pubs/schoolhouse/shh2exec.html

Zero tolerance has become a symbol for intolerance for youth and youthful behaviors, often resulting in the criminalization of youthful conduct previously deemed normal adolescent behavior. Take for example, these two incidents:

  • A 17 year old student shot a paper clip with a rubber band at a classmate, missed, and broke the skin of a cafeteria worker. The student was expelled from school.
  • A nine-year-old on the way to school found a manicure kit with a 1-inch knife. The student was suspended for one day.

    Information from: http://www.abanet.org/crimjust/juvjus/zerotolreport.html

  • There is increasing evidence that zero tolerance policies, while seemingly neutral, are having a disproportionate impact on students of color. By the end of 1999, a study of 10 school districts in the country showed that:
    Black students, already suspended or expelled at higher rates than their peers, will suffer the most under new "zero tolerance" attitudes toward rising school violence...zero tolerance means that black students will be pushed out of the door faster.

    Information from: http://www.abanet.org/crimjust/juvjus/zerotolreport.html

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