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J A N 2 0 1 4 F E B
11
During my previous career in Law Enforcement, I can’t tell you
how many times I heard the phrase “remember, these youths are
our future leaders”. With those words in mind, I would often reflect
as I looked at the seriousness of the charge, and the attitude (and
sometimes the appearance) of the individual in front of me, and
think, this is our future? Really?
J A N 2 0 1 4 F E B
10
John R. Bailey
Addressing the issues
involving today’s
youthful offender
A Perspective from the Other Side of the Bench
Iam sure we have all considered such ideas at
one time or another; however as I’ve grown
older and wiser, and begun a new career as a
judge, I’m reevaluating the youth in our society.
I realize that we in the law enforcement com-
munity need to shift our perspective a bit in
helping our younger population.
As many of us in a lengthy career have
done, I, too, awoke one morning and decided
that it was time to change lanes. I consciously
selected a profession that kept my “head in the
game” but from a different perspective. I never
wanted to walk away from the career I loved so
much and not continue to serve the people in my
community. I am blessed to have been elected
Magisterial District Court Judge in the commu-
nity where I’ve lived and raised my family for over
31 years. I am also fortunate to serve in a county
that is pro active and progressive in many of the
youthful offender programs. These programs are
initiated through the criminal justice system to
assist youthful offenders who’ve gone afoul of the
law, but in whom we haven’t lost hope.
Now, I find myself looking at the label
of “youthful offender” with an altered perspec-
tive, and most importantly thinking differently
about such people and their crimes.
Not a week goes by, where I don’t have a
young man or woman standing in front of me
charged with a minor offense such as retail theft.
I usually wonder if the youthful offender is in-
volved with drugs, or was the crime committed
out of boredom or for excitement.Sadly, these
individuals have no idea that their lives are at
a crossroads. From the youthful offender’s per-
spective, I can see it’s difficult to understand that
committing unlawful acts carry long term con-
sequences. It’s hard for them to foresee the long
term impact of getting caught shoplifting. It’s
even more difficult to convey to them society’s
perception with regards to crime. Whether a per-
son concealed merchandise worth $25.00 from
the local convenience store or embezzled money,
a thief is a thief, regardless of the age, and sadly
for them, employers don’t want to hire a thief.
Additionally, I recently learned that many
colleges do not consider applicants with prior
histories of shoplifting, theft or disorderly con-
duct violations, or excessive underage drinking
infractions as well. These learning institutions
have dropped potential students if it’s discov-
ered that the individual had been convicted of
the above offenses. My struggle, as I look at
each case fairly from not only a parent’s view,
but also one who has to evaluate the facts and
render a fair decision has me grappling with the
realization that the individual in front of me
doesn’t understand that profound impact that a
record will have on the path they chose for life.
What a dilemma. How do you straighten
and guide someone who, whether they like or
not, is part of our country’s future? This topic
was the subject of many discussions during an
11 week session I attended at the (FBI) Na-
tional Academy in 2005. Listening to the is-
sues from my fellow classmates, I realized how
global the problem is and also how pervasive.
The discussions with my law enforcement peers
(at the time) were not only instructive and in-
fluential to me; they helped crystallize my desire
to help influence young adults. One change I
made was to run for Judge, the other was to
begin teaching at the college entry level. Now,
I have the privilege of returning to the commu-
nity college where I first attended shortly after
high school, and where later I was admitted as
an adjunct professor. How appropriate it is to
teach a course entitled “Youthful Offender” to
an audience who can relate and feel comfort-
able enough to express their views and concerns
about close friends, siblings, or life in their
neighborhood. As I listened to their stories, I
saw two issues: the first scenario being present-
ed is usually about the students themselves, and
the second is how society in general has failed
to hear the pleas from young adults and adoles-
cents for help in the past.
What’s developed in the last several years
within the law enforcement community is a
trend to evaluate the circumstances of the youth-
ful offender, and request the court’s consider-
ation in giving breaks to these first time offend-
ers. This is a welcomed change for the youthful
offender and is being championed by attorneys
because the young adults of today face different
challenges from when most of us grew up.
In Chester County, when a juvenile comes
into the justice system charged with a crime,
it is at the discretion of the judge to divert the
individual from court and guide the offender
into these programs. I have learned to make an
assessment to determine if the young adult in
front of me has positive strengths. For this to
be successful, it is not necessary to dwell on the
past issues, but instead to focus on the future
with the potential for a positive outcome with
some concentrated direction and guidance. This
concern is echoed among my peers, with whom
I work in Chester County as well. We attempt
to look at the issue at hand from both a judicial
perspective and the need to help the youthful
offender without putting the community at risk.
As our Chief Justice of the Pennsylvania
Supreme Court Ronald Castille recently said in
addressing this situation;
“Community service, whether court-ordered or
as an alternative to formal court intervention,
is another great example of an initiative where
the judiciary can improve lives and save tax
dollars as justice is pursued,” Chief Justice of
PA Ronald D. Castille. (May 22, 2013).
Recently while attending a drug court
graduation ceremony, I learned of the “ALL
RISE Philosophy” (NADCP-National Associa-
tion of Drug Court Professionals) that was pre-
sented and read by a representative of the Public
Defender’s office. Although this program is for
anyone who meets the criteria, I noticed that
the graduates were of all ages. As I listened to
the message, my thoughts were how to incor-
porate this when addressing issues involving to-
day’s youthful offenders? The phrase “All RISE”
now has a distinct and different meaning for
me. It is surely a social meaning as it is described
in the body of the All Rise scroll when used in
the following message.
In short, ALL RISE suggests very strongly
that we all see beyond the chaos and the wreck-
age in a person’s life. We evaluate the individual;
we seek out their potential, their hope and their
humanity. Once this is accomplished, we take
the proper action. As ALL RISE mentions:
Because when we know that when one person
rises out of drugs and crime, we ALL RISE.
(NADCP-National Association of Drug Court
Professionals/nadcp.org)
What a powerful and righteous statement.
About the Author: Magisterial District Court Judge John
R. Bailey has over 34 years of law enforcement experience,
retiring in 2011 as a Detective Sergeant with the Tredyffrin
Township Police Department in Berwyn, Pa. A graduate of
the FBI NA session 223, Judge Bailey has a Master’s Degree
from Fairleigh Dickinson University. Judge Bailey is an
adjunct professor teaching Youthful Offender at Delaware
County Community College, and author of the following
article “Policing in a Distressed Economy” National Acad-
emy Associate Magazine (Fall 2009).