John Ligon – From Being Down To Persevering, When Others Don’t See It But You

In the wake of justice, John Ligon had finally received what he believed would happen – a release from prison without parole. Why would someone wait 68 years for this?

John Ligon was the son of sharecroppers from the state of Alabama. John dropped out of school before he was middle school aged. John’s family relocated to Philadelphia, Pennsylvania when he was 13 years old. At this time his family wanted him to go back to school. John was new in town and lacked the education most teenagers had at the time. In 1953, when John turned 15-years old, he was charged in Pennsylvania for being part of a group of teenagers involved in a spree of robbery and assaults that led to the murder of two individuals. John admits to being part of this teenage group that did those crimes. Yet, John denies ever killing anyone. John states that the murders had the front pages of newspapers claiming the group he was in had been called “The Head Hunters,” but he denies that group ever being a gang. These convictions led to a life in prison without the possibility of parole.

During this period the United States was a world leader for imprisoning juveniles without the ability to get parole. Until 2016, the state of Pennsylvania had the most juveniles serving life sentences. Around sixty percent of this prison population had been from Philadelphia, one of the nation’s poorest big cities, and a high percentage of them were Black. The cost to lock up John for so long was $3 million, excluding the cancer treatments he received. John is currently in the remission phase. He is an example of the high expense to incarcerate elderly prisoners due to their demand for health needs; despite them likely being less of a danger to society.

Interestingly enough, John mentions he is a stubborn person, stating “I was born that way.” Yet, he wanted the freedom to be able to go anywhere he wanted without having to check in with no one. This is important as John did get an opportunity to get released on parole after the U.S. Supreme Court banned mandatory life terms for minors who were convicted of murder in 2012. Yet, John wanted a life without a parole officer, stating “with parole you got to see people every so often. You can’t leave the city without permission from parole. That’s part of freedom for me.” Even at that time, many prisoners wanted John to not think that way and told him that this is his opportunity to be out in the free world. Even a former juvenile lifer, John Pace, who is now a reentry coordinator for the Youth Sentencing and Reentry Project counseled John and told him, “if you want to fight, fight when you get out.” John knew how he wanted to live life once he was able to get freedom— that was not it.

John had a dedicated lawyer to help him with the ability to live that life of freedom he desired. Bradley Bridge, a public defender, was John’s lawyer of 15 years. He had a mission to release John on the terms John sought. This took gathering as much information about John’s background as possible, locating all school transcripts and prison records that spanned over the entire time John was incarcerated. Bridge argued that John’s sentencing was part of cruel and unusual punishment, specifically stating that “… if this went to trial today, Joe Ligon would be found guilty of robbery, aggravated assault, or attempted murder, and he would have gotten a sentence of five to 10 years.” During this time, in 2016, John was then eligible for parole but opted out to spend four more years in prison. Even at that time, the judge explained to John “I do not want you to die in prison.” Yet, John wanted to do whatever it took to be free from any type of sentencing tied to the convictions he received as a 15-year-old.

After the four additional years spent in prison, John eventually got what he wanted and was released from prison. John had 10 plus city organizations in Philadelphia assisting him in getting John a foster-care-like accommodation with a family who opened their home to him after his release. Additionally, John was able to get the Philadelphia Office of Homeless Services to work on compensating John’s living expenses he would be able to receive that first year. Moreover, John was given a benefits specialist to work on John being able to receive Social Security after that year ends. The support John received was tremendous and assisted in his ability to live the life he knew he would be able to after his release.

The reason John waited those extra years to be released from prison was to show that the fight to live a life you wanted is attainable. The daring obstacles John mostly put on himself was his choice. He knew he could get released with parole earlier than his actual release date, but that is not what he wanted. Even when public opinion and others close to John told him a viable way out if it was not what he wished for he kept surviving and advocating for what he believed in. John even mentions “we’ve been to hell and back,” so why not get what you wish for. John is a true story of perseverance.

No Second Chances Or No Chance At All

No Second Chances or No Chances At All

On Monday, March 22, Indiana legislatures conducted the second reading of a bill that would restore prosecutorial discretion to try 16 and 17-year-old children in adult court for their second gun crime.[1]  Representative Wendy McNamara authored the bill in response to an Indiana Supreme Court decision that cast doubt on the jurisdiction of the juvenile court to hear cases in which teenagers are charged with dangerous possession of a firearm.[2]  According to representative McNamara, the bill merely reinforces the status quo by “putting back into law what has currently been in practice for as long as I can know. . . .”  At first blush, it might seem hard to argue with Committee Chairman Senator Mike Young’s assertion that “kids with guns do dangerous things, and we gave them one break, and on the second one we’re going to send them to adult court.”  Such an assertion seems to follow a common belief held by many that kids who do adult crimes should do adult time.

The problem is this is not an adult crime.  In fact, Indiana’s dangerous possession statute “is clear and applies only to children; an adult cannot commit dangerous possession of a firearm.”[3] If IN HB1256 passes, it would be just another example of criminalizing youth, prioritizing the perception of public safety over education and development.  What’s more, another piece of legislation, IN HB 1369, which passed the House by 65-31 vote, would eliminate the license requirement to carry a handgun in Indiana despite the $5.3 million per year the license raises and fears the bill would make police officers and the general public less safe.[4]

So, what’s really going on here?  Does a dangerous possession statute like Indiana’s betray a presumption of dangerousness in youth?  Is the solution to remove kids from their dangerous homes and place them in prisons?  Will waiving a teen gun offender to adult court amount to a denial of services and individualized treatment by placing them on probation or community correction?  And why in the world would we subject a child to the adult criminal justice system for conduct that is not criminal behavior? As I ponder these questions, I can’t help but think this is just another example of the system working as it was designed to, an example of what Alec Karakatsanis would characterize as people in power making very important choices about what is and is not a crime for very particular racial and political purposes.[5]

In my view, it is absurd to deprive a person of their childhood because they made the same mistake twice – which in and of itself seems to indicate a lack of mature reasoning.  It is absurd to “discipline” teenagers in a way that does not teach them about the rights and responsibilities they will have as adults.  But this seems to be the criminal “justice” system working as it was designed.  When 83% of the young offenders being sent directly to adult court on firearms charges are children of color, it seems clear that proponents of the bill are indeed just trying to maintain the status quo of controlling poor people and people of color.  Because, while a “lawful citizen in the state of Indiana” should have the right to protect themselves without state interference, children – particularly children of color – are not afforded the same right.  Imagine, for instance, white, female, country singer, Miranda Lambert said that after receiving threats, she carries a weapon for self-protection.[6]  That is, no doubt, her right and many might celebrate her for doing so.  However, children who grow up in marginalized communities, which inevitably become designated as “high crime areas” to justify infringements on other constitutional rights such as the 4th Amendment, may start carrying a gun for protection.  Driven by the same trauma as a “lawful citizen,” these children are thrown in jail, labeled criminals, and deprived of hope for the future.

Although I have focused on Indiana, this is a nationwide problem.  For example, truancy laws across the country subject children to the “justice” system for conduct that would not be criminal if committed by an adult.  And while these laws may be enforced under the guise of public health and safety, in reality, it is just another way for the legal system to marginalize and subjugate children, preparing them to be disenfranchised and despondent adults.

[1] https://fox59.com/news/politics/indiana-senate-to-debate-bill-to-send-more-juveniles-to-adult-court/

[2] K.C.G. v. State, 156 N.E.3d 1281, 1282 (Ind. 2020)

[3] Id. at 1283.

[4] https://www.indystar.com/story/news/politics/2021/02/22/indiana-general-assembly-house-votes-eliminate-handgun-license/6765355002/

[5] https://www.texasobserver.org/alec-karakatsanis-usual-cruelty-criminal-justice-reform/

[6] https://tasteofcountry.com/miranda-lambert-admits-she-carries-a-weapon-for-protection/

 

Three Reasons Why Texas Lawmakers Should Raise the Age

 

In Texas, a 17-year-old that is arrested is automatically sent to the adult criminal justice system. This is done regardless of how minor the offense is. In fact, the majority of these youth are arrested for non-violent and misdemeanor crimes.

Texans have advocated for raising the age that a child can be prosecuted as an adult for years. Nonetheless, Texas remains one of only three states left that treats these teens as adults for Criminal Justice Purposes. While this is long overdue, legislators must raise the age this session.

The Adult Criminal Justice System is no place for 17-Year-old Youth.

Adult facilities and services are not equipped for the needs of youth. Juvenile systems focus more on rehabilitative care as compared to adult facilities. It is often the case that treatment programs for adults don’t allow 17-year-old in their program.  Additionally, youth are at an increased risk of violence and sexual assault. PREA, the Federal Prison Rape Elimination Act, requires jails to separate children in their care from adults. Anyone under the age of 18 must be separated by sight and sound. This can lead to 17-year-olds being held in solitary confinement for up to 23 hours a day. It is also very costly for county jails to comply with PREA.

Youth involved in the adult criminal system receive worse outcomes than their youth peers.

Youth involved in the adult criminal system are more likely to recidivate. Youth who are transferred from the juvenile court system to the adult criminal system are approximately 34% more likely than youth in the juvenile court system to be re-arrested for violent or other crimes. And unlike in the juvenile system, youth are given adult criminal records. This adversely impacts their chances of obtaining employment, obtaining housing, furthering their education, and serving in the military.

The best time to make this change is now!

Due to the COVID pandemic, juvenile facility populations are at an all-time low. Even before the pandemic, these facilities were projected to be at a record low. The juvenile state residential population is projected to decrease 2.7 percent per year for the next 5 years. During the projected period,  these facilities will remain 44.7 percent below operating capacity. This, combined with a 65 percent decline of the arrest of 17-year-olds, creates capacity and opportunity to raise the age.[1]

Bills that will raise the age have already been filed. Texas should join the other 47 states that have already chosen to prioritize helping children. The 87th Texas Legislatures must raise the age.

Find more information on Raising the Age in Texas here.

 

[1] Texas Department of Public Safety (DPS), The Texas Crime Report for 2019 –Texas Arrest Data, https://www.dps.texas.gov/administration/crime_records/pages/crimestatistics.htm