10.2 Youth Crime & Juvenile Justice
In his last speech as Vice President of the United States, Hubert H. Humphrey said that the moral test of a government is reflected in how it treats its children. If that is the case, how does America do on the moral test of how it treats delinquent children? This chapter will discuss the juvenile justice system in America, from the beginning of the juvenile court in 1899 to the Supreme Court’s ruling making it easier to sentence kids to life in prison without the possibility of parole in Jones v. Mississippi in 2021. This chapter will also discuss the school-to-prison pipeline and the problem of disproportionate minority contact.
Youth Crime
Since the early 1990s, America has witnessed an increased fear of youth crime. Sensationalized media exposure in the 1990s facilitated the public’s fear of youth crime, which resulted in “get tough” legislation and a perceived need to “do something” about juvenile crime (Benekos & Merlo, 2004). The juvenile court was criticized for its inability to control youth crime, and, as a result, policies shifted from rehabilitation to punishment of juvenile offenders (Feld, 2001). This punishment included an increase in the number of states that adopted new legislation or revised their previous statutes to facilitate the transfer of youthful offenders from juvenile court to criminal court to be tried as adults (Snyder & Sickmund, 2006).
Ted Talk: Jeffrey Brown—How we cut youth violence in Boston by 79 percent
An architect of the “Boston miracle,” Rev. Jeffrey Brown started out as a bewildered young pastor watching his Boston neighborhood fall apart around him as drugs and gang violence took hold of the kids on the streets. The first step to recovery is to listen to those kids, not just preach to them, and help them reduce violence in their own neighborhoods. It’s a powerful talk about listening to make a change. Optionally watch Jeffrey Brown: How we cut youth violence in Boston by 79 percent | TED Talk [Streaming Video] to learn more.
Juvenile Justice
The contemporary juvenile justice system operates under the idea that juveniles are different from adults and require special attention and treatment. The juvenile justice system believes that juveniles are changeable and can be rehabilitated. The juvenile court is based on the premise that public safety is best served by emphasizing rehabilitation rather than the imprisonment and punishment of juveniles (Myers, 2001). If the modern juvenile system is based on rehabilitation, why has the historical position been so focused on punishment?
This punitive or “get tough” position is nothing new. Before the beginning of the juvenile justice system, just over 100 years ago, youth were treated the same as adults. They were considered responsible for their actions and housed alongside adult offenders in jails and prisons. Recent research has used neuroscience to support the need to treat juveniles differently because they are different. The sections of the brain that control characteristics associated with moral culpability do not stop maturing until the early 20s. Therefore, it is assumed that someone under age 20, such as a juvenile delinquent, has an underdeveloped brain.
When addressing juvenile delinquency, when youth commit crimes/law violations in America, the pendulum swings from punishment-focused policies to rehabilitative or helping policies and then back again depending on media, politics, and the current climate. There is no magic bullet approach to preventing juvenile delinquency, but as the court evolves, changes, and utilizes best practices, it grows closer to a better answer.
Ted Talk: Stephen Case—Solving the Youth Crime ‘Problem’
The youth crime “problem” is examined as a social construction and moral panic created by institutions in Western societies. The talk traces the evolution of youth crime into a phenomenon persistently misrepresented as an escalating social epidemic. The developmental life stages of “childhood” and “adolescence” as inventions are explored, highlighting differences between young people and adults. In this way, “youth crime” can be identified as a social problem requiring distinct responses. A running theme is a child as a source of adult anxiety and fear, motivating societies to create structures, processes, theories, and images of youth crime that punish lawbreakers. The “solution” is the “positive youth justice” model. Children should not be punished as adults, but their criminal behavior should be seen as a normal part of growing up. Instead, they should be worked with to meet their needs, embrace their human rights, and promote their life chances. OPTIONAL: You can watch Solving the Youth Crime ‘Problem’ | Stephen Case | TEDxLoughboroughU [Streaming Video] to learn more.
Licenses and Attributions for Youth Crime & Juvenile Justice
Open Content, Shared Previously
“Youth Crime & Juvenile Justice” is adapted from “10.1 Youth Crime” and “10.2 Juvenile Justice” by Alison S. Burke in SOU-CCJ230 Introduction to the American Criminal Justice System by Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, and Shanell Sanchez, licensed under CC BY-NC-SA 4.0. Modifications by Roxie Supplee, licensed under CC BY-NC-SA 4.0, include editing to update reading level.
A facility that houses people convicted of serious crimes and sentenced to long terms of incarceration.
The release of a prisoner under supervision after serving a portion of their sentence.
The phenomenon where disciplinary actions in school can lead students into the juvenile justice system.
The process of helping someone who has committed a crime change their behavior and become a productive member of society.
A penalty imposed on someone who has committed a crime.
Antisocial or criminal behavior by a minor.
A system of rules enforced through social institutions to govern behavior.
When public fears and state interventions greatly exceed the objective threat posed to society by a particular individual or group