Preventing Juvenile Delinquency: Strategies For A Brighter Future

The juvenile justice system is designed to rehabilitate young offenders, with the goal of helping them move past their crimes, reunite with their families, and become productive citizens. However, the system has been criticized for its failures, including the excessive use of force, poor living conditions, and a culture of extreme violence.

In this discussion, we will explore the measures that can be taken to prevent juveniles from breaking the law. We will delve into the role of the justice system, the importance of early intervention, and the impact of social and economic factors. By understanding the complexities of this issue, we can work towards developing effective strategies to support and guide young people away from a life of crime.

Provide youth with access to legal protections and experienced lawyers

Youth in the justice system are vulnerable to coercion and may be interrogated by police without an attorney, plead guilty without fully understanding the consequences, or give up other important trial rights in violation of the Constitution. They may appear in court unrepresented, or with an attorney who is overworked and under-resourced, and find themselves burdened by records that cause long-term obstacles as they try to continue their education or work in their communities.

To help juveniles stay on the right side of the law, it is important to provide them with access to legal protections and experienced lawyers. Youth need qualified and zealous attorneys who will advocate on their behalf, demand fair treatment, and hold systems accountable. They need lawyers who will help them navigate court proceedings, understand their rights, and recognize the short- and long-term consequences of court involvement.

In the United States, youth have had a constitutional right to counsel during juvenile court proceedings since 1967. In the case of In re Gault, the U.S. Supreme Court recognized that youth need the "guiding hand of counsel" to assist them in court, and that the court must appoint an attorney if the child cannot afford one. However, many youth in juvenile court still appear without counsel, and even when they are represented, attorneys may lack the resources to provide adequate representation. This can lead to unjust outcomes, including incarceration or transfer to adult court.

To address this issue, organizations like the Juvenile Law Center advocate for a robust right to counsel for all youth in the child welfare and justice systems. They also collaborate with national partners to train attorneys specifically for youth cases, ensuring that attorneys have the necessary expertise and are directed by their clients. Additionally, state laws should be enacted to require the presence of an attorney during police interrogations of minors.

Furthermore, it is important to address the systemic racism that leads to the disproportionate arrest, prosecution, and incarceration of youth of color. Fines and fees imposed on youth create a system of "justice by income," where children in poverty are more likely to face incarceration, while more affluent youth receive community-based treatment. By providing youth with access to legal protections and experienced lawyers, we can help ensure that justice is fair and equitable for all.

Ensure youth are not interrogated by police without an attorney

Juvenile law is a complex area that combines civil procedure and criminal law. It is designed to protect the public and provide treatment, training, and rehabilitation to youth, with a focus on holding both the child and their parents accountable and responsible for the child's conduct.

When a young person is accused of breaking the law, their case is handled in the juvenile justice system, which is very different from the adult criminal court system. This system aims to redirect and rehabilitate youth onto the right path, helping them avoid a future in the adult prison system.

One critical aspect of protecting juveniles' rights is ensuring they are not interrogated by police without an attorney present. Juveniles have the right to remain silent and to have an attorney during police questioning, and they can refuse to answer questions until they have legal representation. This is based on the Fifth Amendment to the U.S. Constitution, which provides the right against self-incrimination.

In some states, like California, the police are required to provide an attorney for an arrested minor before any interrogation takes place. This is because juveniles often waive their Miranda rights without fully understanding the consequences. Studies show that up to 90% of juveniles waive these rights, and legal experts argue that children and teenagers do not fully grasp the implications of their actions.

To address this issue, several states, including Washington, have passed laws prohibiting police from interrogating children until they have consulted a lawyer. Other states, like Illinois and Minnesota, have introduced similar bills to broaden protections for juveniles during police questioning.

The imbalance of power between young people and police during questioning can lead to harsher punishments, such as extended time in juvenile detention, which disrupts childhood and negatively impacts their future. It is important to remember that juveniles are more vulnerable and may be intimidated by the presence of law enforcement officers.

By ensuring that youth are not interrogated without an attorney, we can protect their rights, provide them with qualified legal representation, and help them navigate the complex justice system. This approach aligns with the juvenile justice system's goal of rehabilitation and accountability, reducing the chances of youth reoffending and ending up in the adult criminal justice system.

Address racism in the justice system

Racism is pervasive in the justice system, leading to the disproportionate arrest, prosecution, and incarceration of youth of color when compared to white youth. This is despite similar offending patterns between the two groups.

To address racism in the justice system, it is important to recognize and rectify the biases that exist at various stages of the criminal justice process, from arrest to sentencing. Here are some steps that can be taken to address racism and promote racial equity:

• Acknowledge the existence of racism in the system: Denying the presence of racism perpetuates the problem. It is crucial to recognize the historical and ongoing racial inequities in the justice system, particularly those faced by Black, Indigenous, and People of Color (BIPOC) communities.
• Advocate for policy changes: Push for policies that address racial disparities in arrest rates, such as ending the War on Drugs, which disproportionately impacts communities of color. Advocate for police accountability, budget reform, and equitable school funding to address systemic racism.
• Increase diversity in law enforcement: Strive for law enforcement teams that are representative of the demographics of the communities they serve. This can help reduce racist policing behaviors and expand the concept of the controlling group, leading to more appropriate policing behaviors.
• Improve police training: Current police training practices have been criticized for their insufficient focus on non-lethal weapons and objective performance measurement systems. Implementing behavior analytic procedures and methods in training, such as task analysis and follow-up tests, can help address these issues and promote antiracist behaviors.
• Address financial incentives: Monetary incentives for meeting arrest quotas and the profits generated by private prisons contribute to the problem. Addressing these financial incentives at a societal and legislative level is crucial to reducing racist behaviors in the system.
• Provide legal protections and access to experienced lawyers: Ensure that juveniles have access to legal representation and experienced lawyers who can challenge unconstitutional laws, oppose unfair policies, and hold systems accountable for harming youth and their families.
• Promote positive BIPOC representations: Increase positive representations of BIPOC individuals and communities across various platforms, including children's books, television shows, and senior leadership positions in companies and academic institutions. This can help reduce racist behaviors and promote antiracist actions.
• Support antiracist politicians: Vote for political candidates with a proven history of antiracist behavior and policies, both at the local and national levels.

Ensure youth are not tried as adults

Juvenile Law is a complex area that requires a careful understanding of civil procedure and criminal law. The Juvenile Justice System was established over a century ago to emphasize rehabilitation over punishment. Here are some reasons why it is crucial to ensure that youth are not tried as adults:

Adolescent Brain Development

Scientific research has shown that the average person's brain is not fully developed until their mid-20s. Adolescents are more prone to impulsive, emotional, and risk-taking behavior due to their developing brains. The U.S. Supreme Court has acknowledged the impact of adolescent brain development on culpability in several cases, including Roper v. Simmons, Graham v. Florida, J.D.B. v. North Carolina, Miller v. Alabama, and Montgomery v. Louisiana. This recognition highlights that youth are less blameworthy than adults and more capable of positive change and rehabilitation.

Higher Recidivism Rates

Research indicates that youth prosecuted in adult criminal courts are more likely to be rearrested and have higher recidivism rates than those in the juvenile justice system. The juvenile justice system is designed to address the unique needs of adolescents and provide opportunities for rehabilitation and learning from mistakes. Youth incarceration can lead to prolonged contact with the justice system and hinder their ability to continue their education, secure housing, or find employment.

Inadequate Protection and Services

Incarcerating children with adults can put minors at risk and deny them access to essential programs and services. Youth in adult facilities face a higher risk of sexual abuse, physical assault, and suicide. Additionally, they may be deprived of basic and special education, as well as treatment and counseling services, which are crucial for their healthy development and successful re-entry into their communities.

Racial Disparities

The justice system is plagued by racism, resulting in the disproportionate arrest, prosecution, and incarceration of youth of color compared to white youth. The application of fines and fees further contributes to an unfair system of "justice by income," where children in poverty are more likely to face incarceration, while more affluent youth receive community-based treatment. It is essential to advocate for racial and economic justice to ensure that all youth are treated fairly, regardless of their race or family income.

Tailored Sentencing

Opponents of trying juveniles as adults argue that it is crucial to tailor the sentence to the offender's age. Younger criminals have more mitigating circumstances, and their susceptibility to peer pressure and lack of oversight of long-term consequences should be considered. The juvenile system was created explicitly for minors, taking into account the differences between minors and adults in sentencing to prevent juveniles from reoffending as adults.

Provide alternatives to confinement

The juvenile justice system has a range of options to respond to young offenders, including legal or mandated options such as secure detention, transfer to the adult system, probation supervision, and community-based programs. However, secure detention and confinement have been shown to have several negative outcomes for youths, and alternatives have been developed to prevent youths from being placed outside of their homes.

Residential Alternatives

Residential alternatives include group homes, shelters, and residential treatment centers. These options often offer residential placement without the secure environment or with enhanced treatment offerings.

• Group homes are community-based, long-term alternative placements that allow residents extensive contact with the community. They serve anywhere from 5 to 15 youths placed through a court order or public welfare agencies. Group homes can be used as alternatives to detention or confinement.
• Shelters are short-term facilities that provide temporary care in a physically unrestricting environment. They are used for youths who require more supervision than non-residential options or who need placement because no parent or family member can provide a residence.
• Residential treatment centers are facilities that provide individually planned treatment programs for youths, in conjunction with residential care. Treatment programs can address issues such as substance misuse, sex offending, and mental health problems.

Community-Based Alternatives

Community-based alternatives are programs that provide youth with supervision and services outside of a locked facility setting.

• Probation is the most common juvenile court disposition and can be used pre- or post-adjudication. Probation officers monitor and supervise justice-involved youths in the community, ensuring they comply with the terms and conditions of probation imposed by the court.
• In-home detention/confinement is a community-based alternative that restricts the activities and movements of youths in the community. It can be enforced through monitoring by a probation officer or electronic monitoring.
• Day or evening treatment is a highly structured, non-residential, community-based alternative that provides intensive supervision to youths. It can be used pre- or post-adjudication as an alternative to detention or confinement.
• Intensive supervision programs (ISPs) are community-based, non-residential alternatives that provide a high degree of control over youths, including strict compliance conditions and high levels of contact from probation officers or caseworkers. ISPs are generally used post-adjudication as an alternative to confinement or traditional probation supervision.

These alternatives to confinement aim to reduce recidivism and provide effective interventions and treatment while keeping youths out of detention or confinement.

Frequently asked questions