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Bridging the care-crime gap: reforming the youth court? 

By Tim Bateman 

The National Association for Youth Justice (NAYJ) campaigns for the rights of, and justice for, children in trouble. It seeks to promote the welfare of children in the youth justice system and to advocate for child friendly responses where children infringe the law (NAYJ, 2019). The Association has, more recently, endorsed the Youth Justice Board’s adoption of a ‘child first’ model, first articulated in its Strategic Plan, published in 2018 (Youth Justice Board, 2018). The subsequent revised edition of National Standards for children in the youth justice system, published in 2019, is intended to provide a framework to support agencies in delivering a child first provision, by ensuring that they: • ‘Prioritise the best interests of children, recognising their needs, capacities, rights and potential; • Build on children’s individual strengths and capabilities as a means of developing a prosocial identity for sustainable desistance from crime. This leads to safer communities and fewer victims. All work is constructive and future-focused, built on supportive relationships that empower children to fulfil their potential and make positive contributions to society; • Encourage children’s active participation, engagement and wider social inclusion. All work is a meaningful collaboration with children and their carers • Promote a childhood removed from the justice system, using prevention, diversion and minimal intervention. All work minimises criminogenic stigma from contact with the system’ 

London: Ministry of Justice/Youth Justice Board, 2019: 6)

Only Young Once: The Case for Mississippi’s Investment in Youth Decarceration

By The Southern Poverty Law Center

Mississippi’s youth legal system is a study in extremes. While the state is currently experiencing its lowest youth arrest rate in decades, it simultaneously has markedly expanded its use of youth incarceration. Rather than being met with needed services and support, Mississippi students are being pushed out of the classroom at nation-leading rates and into the carceral system – a pipeline that has disproportionately impacted the state’s Black youth. Overall, Mississippi’s failure to invest in successful community-based programs that provide noncarceral alternatives for youth in need of rehabilitation leaves the state with incarceration as the first option for far too many young people. This overincarceration harms youth and their communities and is an expensive use of precious taxpayer funds. There is a better way. This report delves into the history and context behind Mississippi’s current youth legal system,  expands on its harmful impacts, and recommends policy  changes for reform.

Montgomery, AL: Southern Poverty Law Center, 2023

Juveniles at Risk: A Plea for Preventive Justice

By Christopher Slobogin and Mark R. Fondacaro

In this book, Slobogin and Fondacaro present their vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The authors develop their juvenile justice policy proposals effectively by carefully addressing the problems with past policy approaches.

New York: Oxford University Press, 2011. 224p.

Broken Bridges: How Juvenile Placements Cut Off Youth from Communities and Successful Futures

By The Juvenile Law Center

The United States incarcerates youth at more than double the rate of any other country in the world. On any given day, almost 50,000 young people are locked up in juvenile facilities across the country. Although overall juvenile incarceration rates have been falling, Black youth are still over five times more likely than their white peers to be detained or committed to an institution.

We know these institutions—many of which are over 100 years old—are part of a punitive corrections-oriented approach that does not work for youth. Research shows that institutional settings harm young people developmentally, psychologically, and—far too often—physically. Yet our country continues to rely on this outdated model as the backbone of its juvenile justice system.

Philadelphia: Juvenile Law Center, 2018. 31p.

Rethinking Justice for Emerging Adults: Spotlight on the Great Lakes Region

By Karen U. Lindell and Katrina L. Goodjoint

Since the U.S. Supreme Court’s decision in Roper v. Simmons banning the death penalty for young people under the age of 18, the principle that “kids are different” has come to permeate the justice system’s approach to young people. The developmental differences between adolescents and adults are now codified in numerous state statutes, have been cited in countless court decisions, and are foundational concepts in juvenile defense. And, while there is much work still to be done, the shift toward a developmental approach to youth justice has contributed to dramatic reductions in youth incarceration rates over the last decade.1 Yet even the Supreme Court has acknowledged, “[t]he qualities that distinguish juveniles from adults do not disappear when an individual turns 18.”2 People do not transform from children into adults on their 18th birthdays; instead the transition to adulthood is gradual and highly individualized.

The report begins by describing the defining characteristics of emerging adulthood and laying out the case for reforming the justice system’s approach to emerging adults. The report then examines examples and lessons from around the country where reforms are underway, including raising the age of juvenile court jurisdiction, reforming criminal justice procedures and practices, and using support from systems outside of the justice field. Finally, the report presents an in-depth look at the legal provisions and programs impacting emerging adults in the six states of the Great Lakes region—Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. Our hope is that this report provides policymakers and advocates in each of those states, as well as elsewhere, greater tools to reshape justice for emerging adults in their jurisdictions.

Philadelphia, PA: Juvenile Law Center, 2020. 96p.

Governing Delinquency Through Freedom: Control, Rehabilitation and Desistance

By Géraldine Bugnon

"This book analyses the non-custodial government of young offenders in two major cities in Brazil. In doing so, it delves into the paradox of an institution exerting control over youths while at the same time promoting their autonomy and responsibility. The study sheds light on the specific logics of power, control, and inequality produced by such institutional settings. The book’s analysis is based on an ethnographic study of ‘Assisted Freedom’ (Liberdade Assistida) – a form of probation – in the Brazilian cities of Rio de Janeiro and Belo Horizonte. This particular context – which is characterized by endemic violent crime, on the one hand, and a highly protective juvenile justice system, on the other – sheds productive light on the contradictions of juvenile justice systems and other public policies based on the values of citizenship, autonomy, and responsibilization. The analysis takes the form of an inverted zoom structure: it begins by looking at cognitive and interactional processes at the level of interpersonal relationships between youths and professionals, and then works its way up to examine ties outside the institution itself, with schools, the labour market, and juvenile courts. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, and social theory and those interested in learning about non-custodial measures and the regulation of juvenile delinquency."

London; New York: Routledge, 2021. 270p.

Can Targeted Transition Services for Young Offenders Foster Pro-Social Attitudes and Behaviours in Urban Settings? Evidence from the Evaluation of the Kherwadi Social Welfare Association’s Yuva Pariva

By Gupte, J.; Tranchant, J.-P. and Mitchell, B.

In Maharashtra, state-sponsored programmes that support school dropouts and young offenders in finding employment and integrating into society are severely limited by a lack of resources and capacity. While several government-sponsored schemes do exist, in reality, however, support for school dropouts is largely provided on an ad hoc basis, and predominantly by non-governmental organisations. In this context, we conducted a mixed-methods evaluation of Kherwadi Social Welfare Association’s Yuva Parivartan programme. This is one of the largest non-governmental interventions directed towards school dropouts and juvenile offenders. The overarching evaluation question adopted was ‘Can targeted preventive action and access to employment for school dropouts act as a preventive measure against delinquency and crime?’ The following five programme-specific Sub-Questions (SQ) were used for evaluation purposes: SQ1: Is the Yuva Parivartan (YP) programme effective at imparting on youth a set of prosocial values that are consistent with job-seeking and crime-avoidance behaviours? SQ2: Are the benefits of the YP programme reaching the population who self-report committing a crime? SQ3: Does the YP programme lead to pro-social behavioural changes? SQ4: Is there a relationship between attitudes towards aggressive and/or violent behaviour, entitlement, anti-social intent and employment outcomes? SQ5: Does the YP programme manage to instill a feeling of confidence among the trainees about their future prospects of finding a job?

Brighton, UK: Institute of Development Studies, 2015. 71p.

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Juvenile Crime And Reformation

By Arthur Macdonald.

Including stigmata of degeneration being a hearing on the bill (h. R. 16733) to establish a laboratory for the study of the criminal, pauper, and defective classes. Before A Sub-Judiciary Committee Of The United States House Of Representatives.”To find whether or not there are any physical or mental characteristics that distinguish criminal children from other children. Such knowledge would make it possible to protect children in advance and lessen the chances of contamination.”

Harrow and Heston Classic Reprint. (1908) 337 pages.

Criminal substance abusing adolescents and systemic treatment

By T.M. van der Pol.

Adolescents with delinquency and cannabis abuse, primarily boys, are predisposed to a variety of comorbid psychiatric psychopathology and form an intricate subgroup which is difficult to treat (Merikangas et al., 2010; Zahn-Waxler, Shirtcliff, & Marceau, 2008). Systemic treatments are considered the type of treatment which renders the most promising results in addressing the complex taxonomy of adolescents’ problem behaviours (Carr, 2009; Von Sydow, Retzlaff, Beher, Haun, & Schweitzer,2013; Waldron & Turner, 2008). Clinicians working with this group of adolescents have to deal, on a daily basis, with serious issues and have to make difficult decisions, impacting the adolescent, his/her family, and society as a whole. For the forensic research field, comprehending and grasping the complexity of these adolescents, which could generate insights and practical advises leading to improvement of care, is a tough and demanding task. This dissertation tries to inform clinical and research practice by providing insight and knowledge concerning: the common elements of systemic treatment, the effectiveness of Multidimensional Family Therapy (MDFT), and the predictive value on treatment outcome of baseline characteristics of the adolescent. This to better understand systemic treatments and to be better able to match a treatment with the individual adolescent’s psycho-social make-up.

Leiden: Leiden University, 2019. 183p.

Prevention of juvenile delinquency and providing specific services to minor offenders who are not criminally responsible - Guidelines concerning inter-institutional cooperation - Case studies: Romani

By Romania. Ministry of Internal Affairs.

This handbook has been developed within the project "Childhood without crime" carried out by the General Inspectorate of Romanian Police in cooperation with the National Authority for Child Protection and Adoption of the Ministry of Labour, Family and Social Protection and the Elderly, with the support of the Ministries of Internal Affairs of the Czech Republic and Bulgaria. The project, initiated by the Institute for Research and Prevention of Crime in the General Inspectorate of Romanian Police (G.I.R.P), has proposed increasing the efficiency steps to prevent juvenile delinquency in children under the age of 14. The pillars on which the project are represented, on the one hand, by the consolidation of institutional capacity, namely the improvement of cooperation between the police and the General Directorates for Social Assistance and Child Protection, and on the other hand, by the increasing awareness of the target groups (minors aged 14, parents, teachers, social workers, etc.) on the prevention of juvenile delinquency and services that children with delinquent and pre-delinquent behavior may benefit. Funding was provided by a grants program of the European Commission, Prevention of and fight against crime "(ISEC). The project was initiated after identifying the need to intensify crime prevention activities among children who have not attained the age of criminal responsibility, the age of 14. Both statistical data and findings in the field of police and social workers concluded that these children are a vulnerable group in terms of crime.

Romania: Ministry of Internal Affairs,2014. 99p.

Implementing Juvenile Justice Reform: The Federal Role

National Research Council.

In the past decade, a number of state, local, and tribal jurisdictions have begun to take significant steps to overhaul their juvenile justice systems - for example, reducing the use of juvenile detention and out-of-home placement, bringing greater attention to racial and ethnic disparities, looking for ways to engage affected families in the process, and raising the age at which juvenile court jurisdiction ends. These changes are the result of heightening awareness of the ineffectiveness of punitive practices and accumulating knowledge about adolescent development. Momentum for reform is growing. However, many more state, local, and tribal jurisdictions need assistance, and practitioners in the juvenile justice field are looking for guidance from the federal government, particularly from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) in the Department of Justice.

Implementing Juvenile Justice Reform identifies and prioritizes strategies and policies to effectively facilitate reform of the juvenile justice system and develop an implementation plan for OJJDP. Based on the 2013 report Reforming Juvenile Justice, this report is designed to provide specific guidance to OJJDP regarding the steps that it should take, both internally and externally, to facilitate juvenile justice reform grounded in knowledge about adolescent development. The report identifies seven hallmarks of a developmental approach to juvenile justice to guide system reform: accountability without criminalization, alternatives to justice system involvement, individualized response based on needs and risks, confinement only when necessary for public safety, genuine commitment to fairness, sensitivity to disparate treatment, and family engagement. Implementing Juvenile Justice Reform outlines how these hallmarks should be incorporated into policies and practices within OJJDP, as well as in actions extended to state, local, and tribal jurisdictions to achieve the goals of the juvenile justice system through a developmentally informed approach.

This report sets forth a detailed and prioritized strategic plan for the federal government to support and facilitate developmentally oriented juvenile justice reform. The pivotal component of the plan is to strengthen the role, capacity, and commitment of OJJDP, the lead federal agency in the field. By carrying out the recommendations of Implementing Juvenile Justice Reform, the federal government will both reaffirm and advance the promise of the Juvenile Justice and Delinquency Prevention Act.

Washington, DC: The National Academies Press. 2014. 122p.