By Noor Toraif and Lael E. H. Chester

In this report, we collate a set of promising practices to support the implementation of pre-arraignment diversion programs for emerging adults. Emerging adults are roughly between 18-25 years of age and are uniquely situated between the developmental stages of adolescence and mature adulthood. This stage of adolescence poses a variety of challenges, because it is developmentally appropriate for this age group to be impulsive thrill seekers who are highly susceptible to peer influence and are ill equipped to assess risk or potential long-term consequences. As a result, they are overrepresented in almost every activity that involves bad judgement, such as: car crashes, accidental drownings, unintended pregnancies, and illegal behavior. The fact that this age group is maturing physically, emotionally, socially, and neurologically also creates a unique opportunity for non-punitive interventions designed to promote better life outcomes for the individuals and safer, healthier communities for everyone. We identify some of the limitations of the criminal legal system’s traditional responses to undesirable behavior for emerging adults and then recommend the implementation of pre-arraignment diversion for emerging adults as an effective way to prevent further criminal legal system involvement by responsibly supporting positive youth development. In this report, we note the key differences between the juvenile and adult criminal legal systems - their goals, strategies, rules, procedures, and resources – and the fact that emerging adults are automatically excluded from the youth system, often limiting (if not eliminating) the opportunity to be diverted before arraignment in a developmentally appropriate manner. We begin this report by describing the distinct developmental stage of emerging adulthood (also referred to as transition age youth) and the need to implement developmentally appropriate responses within, and adjacent to, the criminal legal system. Next, we analyze how the developmental frameworks of Positive Youth Development and Positive Youth Justice can be used to guide and inform the supports and interventions necessary to nurture young people’s development, especially when designing and implementing pre-arraignment diversion programs for emerging adults. We assess and review examples of pre-arraignment diversion programs for emerging adults, noting that they are relatively rare. Finally, and perhaps most importantly, we identify 13 promising practices derived from the existing examples of, and research on, these programs:

New York: Columbia University Justice Lab, 2023. 34p.

By Tim Bateman, Isabelle Brodie, Anne-Marie Day, John Pitts and Timi Osidipe

This is a narrative review of the literature relevant to understanding the relationship between ethnicity, disproportionality and diversion of children from the youth justice system. The review is part of wider research project, funded by the Nuffield Foundation and undertaken by the University of Bedfordshire and Keele University, exploring ethnic disparities at the gateway to the youth justice system and the impact of increased use of diversionary mechanisms in that context. Further information on the wider project is available on the Nuffield Foundation website at: Exploring racial disparity in diversion from the youth justice system - Nuffield Foundation. Methodology Literature is drawn largely from UK and US, English language, sources, from 2010 to the present. Grey literature is included where from an authoritative source. The focus is decision-making at the gateway to the youth justice system with a particular emphasis on the mechanisms whereby children are drawn into, or diverted from, formal processing and the extent to which those decisions are characterised give rise to disparity. Search terms were used flexibly and in combination. Disproportionality and the youth justice system Concern about the over-representation of children from minority backgrounds in the youth justice system is long-standing and evidence of disparities are well established. In his government commissioned 2017 review of the treatment of Black and other minoritised individuals within the criminal justice system, David Lammy MP noted that disproportionality in the youth justice system was his ‘biggest concern’ highlighting that ethnic disparities among children receiving criminal disposals had increased in recent years. In the year ending March 2022, 29 percent of children receiving a formal sanction came from a minority background compared to 19 percent a decade before. Similarly, while slightly fewer than one third of the child custodial population came from a minority ethnic background in 2012, a decade later the equivalent figure was in excess of half.

London: Nuffield Foundation 2023. 59p.