Cyntoia Brown Granted Clemency by Tennessee Governor

cyntoia brown was granted executive clemency on monday by tennessee governor bill haslam. brown was tried as an adult and convicted of first-degree murder, among other charges. brown is now eligible for release from prison august 7, 2019.

brown, a victim of child sex trafficking, was sentenced to life for killing 43 year-old johnny allen in 2004. brown was 16 then, and living with her 24 year-old boyfriend, a pimp named kut throat, who forced her into prostitution and raped her.

haslem said, "cyntoia brown committed, by her own admission, a horrific crime at the age of 16. yet, imposing a life sentence on a juvenile that would require her to serve at least 51 years before even being eligible for parole consideration is too harsh, especially in light of the extraordinary steps ms. brown has taken to rebuild her life."

tennessee's supreme court in december ruled brown must remain in prison at least 51 years before release eligibility. a lawsuit for her argued mandatory life sentences without parole for juveniles is unconstitutional. the court rejected the suit, inspiring the women's march to announce nationwide protests for brown - and other sex-trafficking victims - on january 19.

some notable celebrities, including rihanna and kim kardashian west, publicly joined people around the country who supported brown, after pbs produced a documentary about her in 2011, "me facing life: cyntoia's story." 

under the conditions for her release, brown will be required to get a job, undergo regular counseling and work at least 50 hours of community service. in a statement through her lawyers, brown thanked haslem "for your act of mercy in giving me a second chance. i will do everything i can to justify your faith in me."    







      

Pennsylvania Court rules Mothers' Drug Use while Pregnant isn't Child Abuse

the pennsylvania supreme court ruled on december 28 mothers who use illegal drugs while pregnant cannot be considered perpetrators of child abuse towards newborn children under the state's child protection law.

the court's main opinion said the law's definition of a child does not include fetuses or unborn children, and victims of perpetrators must be children under the child protective services law (cpsl).

"the fact that the actor, at a later date, becomes a person who meets one of the statutorily-defined categories of a 'perpetrator' does not bring her earlier actions - even if committed within two years pf the child's bodily injury - under the cpsl," wrote justice christine donohue. 

two justices who dissented said what should matter is when the injury shows itself, and that can be after the child is born.

in december 2017 supreme court justice geoffrey moulton submitted an opinion, stating a mother's substance abuse while pregnant "may constitute child abuse" if child welfare authorities can prove she "intentionally, knowingly or recklessly caused, or created a likelihood of, bodily injury to a child after birth."

while a judge said he agreed with moulton's opinion, he challenged it by stating,"there is also no doubt that most pregnant women who use illegal drugs during their pregnancies do so not because they wish to harm their child, but because they are addicted to the drugs."

the case involves a child who spent 19 days in williamsport hospital last year after birth being treated for drug dependence that caused severe withdrawal symptoms. the mother's lawyer calls the decision a victory for public health and the rights of women and children.     

Latino Youth Targeted by Curfew Law in Denver

cities such as austin and san antonio have decriminalized or eliminated curfew violations - arresting youth who remain out of their homes at late hours - but denver's curfew law, which began in 1994, is still on the books.

a recent review by the denver post reported female and male latino youth, who comprise 41% of their teen population, accounted for 67% of the city's arrests. the police department asserts they target areas with "a lot of juvenile activity" and deploy extra curfew runs during cinco de mayo. 

curfew citations mandate female and male youth undergo a months-long program and can result in fines, a permanent record and consequences for immigration proceedings.

"the numbers here suggest that if you happen to be a mexican kid living in denver, then that's a crime," said councilman paul lopez, who represents the area most targeted by law enforcement. the denver post highlighted stores which include a latina girl ticketed for stopping at a convenience store on the way home from her late shift at a restaurant.

the latina youth was saving money for college, but quit the job to avoid potential encounters with the police. these culturally insensitive problems existed for years, but denver's police department made data errors (uncovered by local media) which hid the existence of racial disparities.