11.10 Juvenile justice system

The juvenile justice system aims to address youth crime while recognizing developmental differences between youth and adults. It focuses on rehabilitation, individualized assessment, and addressing underlying causes of delinquent behavior to prevent future offending and promote positive youth development.

Key components include law enforcement interactions, court processing, and sentencing options. The system grapples with racial disparities, gender differences in offending, and the impact of trauma on justice-involved youth. Reform efforts emphasize evidence-based practices and addressing systemic inequities.

Overview of juvenile justice

• Encompasses the laws, policies, procedures, and institutions that address youth crime and delinquency in order to hold young offenders accountable, ensure public safety, and provide rehabilitation
• Recognizes the developmental differences between youth and adults, focusing on individualized assessment and treatment rather than purely punitive measures
• Aims to identify and address the underlying causes of delinquent behavior, such as family dysfunction, trauma, mental health issues, and social disadvantage, to prevent future offending and promote positive youth development

Key components of system

Law enforcement interactions

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• Serve as the entry point into the juvenile justice system, with police officers having discretion to warn, counsel, and release youth or refer them to court for formal processing
• Involve specialized training for officers in adolescent development, de-escalation techniques, and diversion options to minimize unnecessary arrests and detention
• Require procedural protections for youth, such as Miranda warnings, parental notification, and limits on interrogation methods, to ensure fairness and due process

Court processing and adjudication

• Determine whether a youth has committed a delinquent act and, if so, the appropriate disposition or sentence, with a focus on rehabilitation rather than punishment
• Include specialized juvenile courts with judges, prosecutors, and defense attorneys trained in adolescent development and the unique needs of young offenders
• Provide due process rights for youth, such as the right to counsel, the privilege against self-incrimination, and the right to confront witnesses, while also allowing for more informal and flexible proceedings than in adult criminal court

Sentencing and corrections options

• Range from community-based supervision and treatment programs to secure confinement in juvenile detention centers or correctional facilities, depending on the severity of the offense and the youth's risk level
• Emphasize individualized assessment and case planning to address the specific needs and risks of each youth, such as mental health treatment, substance abuse counseling, educational support, and family interventions
• Aim to provide a structured and supportive environment for youth to develop positive skills and relationships, address underlying issues, and prepare for successful reintegration into the community

Theories of juvenile delinquency

Individual risk factors

• Include biological and psychological characteristics that may increase a youth's likelihood of engaging in delinquent behavior, such as impulsivity, aggression, low self-control, and cognitive deficits
• Recognize the influence of adverse childhood experiences, such as abuse, neglect, and exposure to violence, on brain development and emotional regulation, which can contribute to delinquency
• Emphasize the importance of early identification and intervention to address individual risk factors and promote resilience and positive development

Family and peer influences

• Acknowledge the critical role of family dynamics, parenting practices, and attachment in shaping youth behavior, with factors such as inconsistent discipline, lack of supervision, and family conflict increasing the risk of delinquency
• Recognize the powerful influence of peer groups on youth attitudes and behavior, with association with delinquent peers and gang involvement being strong predictors of delinquency
• Highlight the importance of positive family and peer support, such as strong parent-child relationships, consistent discipline, and prosocial peer groups, in preventing and reducing delinquency

Community and societal context

• Examine the impact of neighborhood and community factors, such as poverty, social disorganization, and lack of resources and opportunities, on youth delinquency and crime rates
• Recognize the influence of societal norms, values, and institutions, such as racism, sexism, and economic inequality, on the development and expression of delinquent behavior
• Emphasize the need for comprehensive, community-based approaches to preventing and addressing delinquency, such as improving schools, expanding youth programs, and promoting social justice and equity

Racial disparities in system

Over-representation of minorities

• Reflect the disproportionate arrest, prosecution, and confinement of youth of color, particularly Black and Latino youth, relative to their representation in the general population
• Result from a complex interplay of factors, including differential offending rates, socioeconomic disadvantage, and systemic bias and discrimination in policing, court processing, and sentencing decisions
• Highlight the need for data collection, analysis, and reporting on racial and ethnic disparities at all stages of the juvenile justice system to identify and address sources of inequity

Bias in decision-making points

• Occur at various stages of the juvenile justice process, from initial police contact and arrest to court referral, adjudication, and disposition, with youth of color more likely to receive harsher treatment than white youth for similar offenses
• Reflect the influence of implicit and explicit biases, stereotypes, and cultural misunderstandings on the perceptions and judgments of system actors, such as police officers, prosecutors, judges, and probation officers
• Require ongoing training, accountability, and oversight to identify and eliminate bias in decision-making and ensure fair and equitable treatment for all youth, regardless of race or ethnicity

Impact of policies and practices

• Include the disproportionate impact of "tough on crime" policies, such as mandatory minimum sentences, adult court transfer, and zero-tolerance school discipline, on youth of color, particularly in low-income communities
• Reflect the influence of media portrayals and public perceptions of youth crime and violence, which often perpetuate racial stereotypes and fear of young people of color, leading to harsher policies and practices
• Highlight the need for evidence-based, culturally responsive, and community-informed approaches to juvenile justice that prioritize prevention, diversion, and rehabilitation over punishment and incarceration, particularly for youth of color

Gender differences in offending

Patterns of delinquency by gender

• Show that boys engage in more frequent and serious delinquency than girls, particularly for violent and property crimes, while girls are more likely to be arrested for status offenses (running away, truancy) and minor assaults
• Reflect gender differences in risk factors and pathways to delinquency, with girls more likely to have histories of abuse, trauma, and mental health problems, and boys more likely to be influenced by peer delinquency and gang involvement
• Highlight the need for gender-specific programming and interventions that address the unique needs and experiences of girls and boys in the juvenile justice system

Unique needs of girls in system

• Include higher rates of sexual abuse, dating violence, and commercial sexual exploitation, which can contribute to trauma, mental health problems, and substance abuse that fuel delinquent behavior
• Reflect the influence of gender norms and expectations, such as the pressure to conform to traditional feminine roles and the stigma attached to girls' aggression and sexuality, on girls' pathways into and experiences in the juvenile justice system
• Require a trauma-informed, strengths-based approach that recognizes girls' resilience and agency, provides safe and supportive environments, and addresses the underlying issues that contribute to their delinquency

Equitable treatment strategies

• Involve the development and implementation of policies, practices, and programs that are responsive to the unique needs and experiences of girls and boys, rather than a "one-size-fits-all" approach
• Include gender-specific risk and needs assessments, treatment and programming options, and staff training to ensure that girls and boys receive appropriate and effective interventions and support
• Require ongoing monitoring and evaluation of gender disparities in system processing and outcomes, as well as collaboration with community partners and advocates to promote gender equity and justice

Trauma in justice-involved youth

Prevalence of adverse experiences

• Show that a significant proportion of youth in the juvenile justice system have experienced multiple types of trauma, such as physical and sexual abuse, neglect, witnessing violence, and loss of a caregiver, often referred to as adverse childhood experiences (ACEs)
• Reflect the cumulative impact of trauma on brain development, emotional regulation, and behavior, with higher ACE scores associated with increased risk of delinquency, substance abuse, and mental health problems
• Highlight the need for universal screening and assessment of trauma among justice-involved youth to identify those in need of specialized interventions and support

Effect on delinquent behavior

• Involve the ways in which trauma can contribute to delinquent behavior, such as by impairing impulse control, increasing aggression and risk-taking, and leading to substance abuse and other maladaptive coping strategies
• Reflect the influence of trauma on youths' perceptions of threat and safety, leading to hypervigilance, mistrust of authority figures, and a heightened fight-or-flight response that can escalate conflicts and lead to further system involvement
• Require an understanding of the complex interplay between trauma, delinquency, and other risk factors, such as poverty, family dysfunction, and community violence, to develop effective prevention and intervention strategies

Trauma-informed approaches

• Involve the integration of knowledge about trauma and its impact on youth into all aspects of the juvenile justice system, from initial contact with law enforcement to reentry and aftercare services
• Include strategies such as creating safe and supportive environments, building positive relationships between youth and staff, providing evidence-based trauma treatment (cognitive-behavioral therapy), and collaborating with community partners to address the social determinants of health
• Require ongoing training and support for system staff to recognize and respond to trauma in a sensitive and effective manner, as well as policies and procedures that minimize the risk of re-traumatization and promote healing and resilience

Alternatives to formal processing

Diversion programs and services

• Provide an alternative to formal court processing for youth who have committed minor offenses or who are at low risk of reoffending, allowing them to avoid the negative consequences of a delinquency adjudication, such as a criminal record and stigma
• Include a range of community-based interventions, such as youth courts, teen courts, and restorative justice programs, that hold youth accountable for their actions while providing support and services to address underlying needs and prevent future offending
• Require collaboration between the juvenile justice system, schools, mental health providers, and other community partners to ensure that diverted youth receive appropriate and effective interventions and support

Restorative justice models

• Focus on repairing the harm caused by delinquent behavior and restoring relationships between offenders, victims, and communities, rather than simply punishing offenders
• Include practices such as victim-offender mediation, family group conferencing, and peacemaking circles, which bring together offenders, victims, and community members to discuss the impact of the offense, identify needs and obligations, and develop a plan for accountability and support
• Require a shift in the role of the juvenile justice system from an adversarial to a facilitative one, with system actors working to support the restorative process and ensure that all parties' needs and interests are addressed

Community-based interventions

• Provide a range of services and support for justice-involved youth and their families in their own communities, rather than in institutional settings such as detention centers or correctional facilities
• Include programs such as mentoring, tutoring, job training, and recreational activities that build on youths' strengths and interests, promote positive youth development, and reduce risk factors for delinquency
• Require collaboration and coordination among various community stakeholders, such as schools, social service agencies, faith-based organizations, and neighborhood associations, to create a comprehensive and sustainable network of support for justice-involved youth and their families

Rehabilitation vs punishment debate

Arguments for each perspective

• Reflect the competing goals and values of the juvenile justice system, with rehabilitation emphasizing the potential for youth to change and grow, and punishment emphasizing accountability and public safety
• Include arguments for rehabilitation, such as the developmental differences between youth and adults, the influence of external factors on delinquent behavior, and the long-term costs of incarceration, and arguments for punishment, such as the need for deterrence and incapacitation of serious and violent offenders
• Highlight the need for a balanced approach that holds youth accountable for their actions while providing opportunities for rehabilitation and positive development

Evidence of effectiveness

• Show mixed results for both rehabilitative and punitive approaches, with some studies finding that certain interventions (cognitive-behavioral therapy, family therapy) can reduce recidivism and improve youth outcomes, while others find that harsh punishment (boot camps, adult court transfer) can increase recidivism and other negative outcomes
• Reflect the challenges of evaluating the effectiveness of juvenile justice interventions, given the diversity of youth and their needs, the variety of programs and services available, and the influence of broader social and economic factors on youth outcomes
• Highlight the need for ongoing research and evaluation to identify evidence-based practices that are effective in reducing delinquency and promoting positive youth development, as well as the importance of adapting interventions to the specific needs and contexts of different youth populations

Balanced and restorative justice

• Provide a framework for integrating the goals of rehabilitation, accountability, and public safety in the juvenile justice system, emphasizing the importance of involving offenders, victims, and communities in the response to delinquent behavior
• Include principles such as individualized assessment and case planning, victim involvement and support, community protection and restoration, and offender competency development, which guide the development and implementation of juvenile justice policies and practices
• Require a collaborative and coordinated approach among juvenile justice system actors, community partners, and other stakeholders to ensure that the needs and interests of all parties are addressed and that youth are provided with the support and opportunities they need to succeed

Reform efforts and initiatives

Deinstitutionalization movement

• Emerged in the 1970s and 1980s in response to concerns about the negative effects of institutionalization on youth, including high recidivism rates, abuse and neglect, and lack of rehabilitative services
• Involved efforts to reduce the use of secure confinement for youth, particularly those with mental health and substance abuse problems, and to develop community-based alternatives, such as group homes, day treatment programs, and intensive probation supervision
• Required significant changes in juvenile justice policies and practices, such as the closure of large institutions, the development of new assessment and case management tools, and the reallocation of resources to community-based programs and services

Evidence-based practices

• Refer to interventions and programs that have been rigorously evaluated and shown to be effective in reducing recidivism and improving youth outcomes, such as cognitive-behavioral therapy, family therapy, and vocational training
• Involve the use of standardized assessment tools to identify youths' risks and needs, the selection of interventions that are matched to those risks and needs, and the ongoing monitoring and evaluation of program implementation and outcomes
• Require a commitment to data-driven decision-making, continuous quality improvement, and the dissemination of best practices across the juvenile justice system and related fields, such as mental health and education

Racial and ethnic impact laws

• Require policymakers to consider the potential impact of proposed juvenile justice legislation on racial and ethnic disparities, and to develop strategies to reduce those disparities
• Involve the use of data analysis and community input to identify the sources of disparities, such as differences in arrest rates, court processing, and sentencing, and to develop targeted interventions to address those disparities
• Reflect a growing recognition of the need to address systemic racism and bias in the juvenile justice system, and to promote equity and fairness for all youth, regardless of race or ethnicity