Behind the Bastards

America's War On Children

Jul 28, 2020
Courtney Kocak, a comedian and podcast host, sheds light on America's troubling war on children. She discusses systemic oppression in the juvenile justice system, highlighting alarming incarceration rates and the impact of damaging stereotypes like the 'super predator' myth. From the rise of school policing post-Columbine to the stark realities of the school-to-prison pipeline, Kocak emphasizes the urgent need for reform. With a mix of humor and seriousness, she critiques how society often fails its most vulnerable: the youth.
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INSIGHT

Legal Rollback Increased Youth Incarceration

  • U.S. juvenile incarceration rose sharply from the 1980s into the 1990s, reversing earlier legal gains for kids.
  • Supreme Court rulings and hostile trial judges eroded children's procedural protections and expanded detention.
INSIGHT

Court Decisions Shifted Against Children

  • Court decisions oscillated: initial rulings granted due process but later cases allowed corporal punishment and diminished liberty interests.
  • Schall v. Martin framed juveniles as having a lesser interest in liberty, normalizing detention.
INSIGHT

Super-Predator Panic Fueled Harsh Laws

  • The 'super-predator' panic of the 1990s drove bipartisan laws to try more youths as adults and extend incarceration.
  • The panic proved false, but its policies entrenched mass juvenile incarceration.
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