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Diversion: A Hidden Key to Combating Racial and Ethnic Disparities in Juvenile Justice

By Richard A Mendel

Diverting youth from juvenile court involvement should be a central focus in efforts to reduce racial and ethnic disparities and improve outcomes in our nation’s youth justice systems. Clear evidence shows that getting arrested in adolescence or having a delinquency case filed in juvenile court damages young people’s futures and increases their subsequent involvement in the justice system. Compared with youth who are diverted, youth who are arrested and formally petitioned in court have far higher likelihood of subsequent arrests and school failure. Pre-arrest and pre-court diversion can avert these bad outcomes. Research shows that Black youth are far more likely to be arrested than their white peers and far less likely to be diverted from court following arrest. Other youth of color – including Latinx youth, Tribal youth, and Asian/Pacific Islander youth – are also less likely than their white peers to be diverted. The lack of diversion opportunities for youth of color is pivotal, because greater likelihood of formal processing in court means that youth of color accumulate longer court histories, leading to harsher consequences for any subsequent arrest. Expanding diversion opportunities for youth of color therefore represents a crucial, untapped opportunity to address continuing disproportionality in juvenile justice.

Washington, DC: The Sentencing Project, 2022. 38p.

Advancing Racial Equity in Youth Diversion: An Evaluation Framework Informed By Los Angeles County.

By Liz Kroboth, Sukhdip Purewal Boparai and Jonathan Heller

In 2017, Los Angeles County established an Office of Youth Diversion and Development to advance a collaboratively designed pre-booking diversion initiative that prevents youth from getting formally arrested or referred to probation during encounters with law enforcement. Human Impact Partners and the Los Angeles (LA) County Office of Youth Diversion and Development (YDD) partnered to develop this evaluation framework to assess and prevent racial inequities in this program. LA County’s pre-booking diversion program is part of a broader effort to reduce mass incarceration of Black and Brown youth . In LA County and across the US, Black and Brown youth are arrested and detained by law enforcement at disproportionately greater rates compared to White youth. Organizing by local youth advocates and policy changes at the local, state, and national level have created opportunities for community-based pre-booking diversion in LA County to reduce the excessive and unfair criminalization and incarceration of Black and Brown youth and equitably improve outcomes for youth.

Oakland, CA: Human Impact Partners, 2019. 54p.

Too Many Locked Doors: The scope of youth confinement is vastly understated

By Josh Rovner

The United States incarcerates an alarming number of children and adolescents every year. Disproportionately, they are youth of color. Given the short- and long-term damages stemming from youth out of home placement, it is vital to understand its true scope. In 2019, there were more than 240,000 instances of a young person detained, committed, or both in the juvenile justice system.1 However, youth incarceration is typically measured via a one-day count taken in late October.2 This metric vastly understates its footprint: at least 80% of incarcerated youth are excluded from the one-day count. This undercount is most prevalent for detained youth, all of whom have been arrested but have yet to face a court hearing.

Washington, DC: The Sentencing Project, 2022. 27p.

Shootings, Gangs and Violent Incidents in Manchester: Developing a crime reduction strategy

By Karen Bullock and Nick Tilley

This report describes analysis and strategy development for a project aiming to reduce shootings in South Manchester. It attempts to apply problem-oriented policing principles to shootings and other serious violence associated with gangs, principally in South Manchester. Its broad approach follows that of an apparently very effective project in Boston, Massachusetts, which was associated with a rapid and sustained reduction in shootings. The project is one of a number being funded by the targeted policing initiative, part of the government’s three-year crime reduction strategy. Based on a range of quantitative and qualitative data, this report identifies some of the proximate causes of shootings in Manchester. On the basis of the analysis a strategy, involving police and partners, is sketched out. The strategy comprises a mix of preventative and enforcement based activities, some of which are adapted from the Boston model and some of which are tailored to the specific issues identified in Manchester.

London: Home Office, 2002. 68p.

Child Street Life: An Inside View of Hazards and Expectations of Street Children in Peru

By G.K. Lieten , Talinay Strehl

This brief studies the phenomenon of street children in two cities in Peru. It looks at some of the conceptual issues and, after analysing why children are in the street and what behaviour and which aspirations they exhibit, deals with the policy issues and lessons to be learned. This brief investigates when and why the transition from children on the street (street-working children) to children of the street (street living children) takes place and elucidates how they survive. It explains the fluidity and the risks involved in any type of child street life.

Cham: Springer, 2015. 66p.

Street Kids: Homeless Youth, Outreach, and Policing New York's Streets

By Kristina E. Gibson

Street outreach workers comb public places such as parks, vacant lots, and abandoned waterfronts to search for young people who are living out in public spaces, if not always in the public eye. Street Kids opens a window to the largely hidden world of street youth, drawing on their detailed and compelling narratives to give new insight into the experiences of youth homelessness and youth outreach. Kristina Gibson argues that the enforcement of quality of life ordinances in New York City has spurred hyper-mobility amongst the city’s street youth population and has serious implications for social work with homeless youth. Youth in motion have become socially invisible and marginalized from public spaces where social workers traditionally contact them, jeopardizing their access to the already limited opportunities to escape street life. The culmination of a multi-year ethnographic investigation into the lives of street outreach workers and ‘their kids’ on the streets of New York City, Street Kids illustrates the critical role that public space regulations and policing play in shaping the experience of youth homelessness and the effectiveness of street outreach.

New York: New York University Press, 2011. 288p.

No Place for Youth: Girls in the Adult Justice System

By Antoinette Davis, Andrea Gentile and Caroline Glesmann

Over the past three decades, States have enacted legislation making it easier to transfer youth to the adult criminal justice system. Although the process occurs with male and female youth, this document specifically addresses the challenges of transferring girls to adult court and correctional systems. Mechanisms developed to move youth into adult systems include Judicial Waiver/Transfer Laws, Prosecutorial Direct Filing, Statutory Exclusion Provisions, the “Once an Adult, Always an Adult” Provisions and Age of Jurisdiction Laws. When making those transfer decisions, less consideration may be given to the idea that adult jails and prisons are not designed for the confinement of youth, and as a result most are not equipped to meet the inherent and specific needs of adolescents.

While not intended as a research document, this bulletin highlights challenges when transferring juveniles to the adult criminal justice system for administrators and the individual justice involved girls. It is hoped that the audience for this document will extend beyond that of adult and juvenile correctional administrators and reach other related stakeholders who are involved in the decision-making regarding the transfer of juveniles to the adult criminal justice system

Washington, DC: National Institute of Corrections, 2016. 16p.

Re-Examining Juvenile Incarceration: High Cost, Poor Outcomes Spark Shift to Alternatives

By The Pew Charitable Trusts

A growing body of research demonstrates that for many juvenile offenders, lengthy out-of-home placements in secure corrections or other residential facilities fail to produce better outcomes than alternative sanctions. In certain instances, they can be counterproductive. Seeking to reduce recidivism and achieve better returns on their juvenile justice spending, several states have recently enacted laws that limit which youth can be committed to these facilities and moderates the length of time they can spend there. These changes prioritize the use of costly facilities and intensive programming for serious offenders who present a higher risk of reoffending, while supporting effective community-based programs for others.

Philadelphia, PA: The Pew Charitable Trusts, 2015. 8p.

No Place for Kids: The Case for Reducing Juvenile Incarceration

By Richard A. Mendel

Backed with an array of research, the case against America’s youth prisons and correctional training schools can be neatly summarized in five words: dangerous, ineffective, unnecessary, wasteful and inadequate. This report highlights successful reform efforts from several states and provides recommendations for how states can reduce juvenile incarceration rates and redesign their juvenile correction systems to better serve young people and the public.

Baltimore, MD: Annie B. Casey Foundation, 2011. 51p.

The Comeback States: Reducing Youth Incarceration in the United States

By The National Juvenile Justice Network and the Texas Public Policy Foundation

This report presents information on nine States that have adopted policies within their juvenile justice systems aimed at reducing the incarceration rate of youth in the United States. The nine States singled out for their efforts include California, Connecticut, Illinois, Ohio, Mississippi, New York, Texas, Washington, and Wisconsin. Using data collected by Federal agencies, this report presents details on national and State incarceration trends, with specific focus on the nine States. The analysis found that the decrease in youth incarceration rates is associated with changes in State policies since 2001 that have focused on increasing the availability of evidence-based alternatives to incarceration; requiring intake procedures that reduce use of secure detention facilities; closing or downsizing youth confinement facilities; reducing schools' overreliance on the justice system to address discipline issues; disallowing incarceration for minor offenses; and restructuring juvenile justice responsibilities and finances among States and counties. The nine States identified in this report were selected as a result of adopting at least four of the six policy changes, exceeding the national-average reduction in youth confinement for the period 2001-2010, and experiencing a decline in youth arrests for the same period.

Washington, DC: National Juvenile Justice Network; Austin, TX: Texas Public policy Foundation, 2013. 54p.

The Dangers of Detention: The Impact of Incarcerating Youth in Detention and Other Secure Facilities

By Barry Holman and Jason Ziedenberg

Despite the lowest youth crime rates in 20 years, hundreds of thousands of young people are locked away every year in the nation’s 591 secure detention centers. Detention centers are intended to temporarily house youth who pose a high risk of re-offending before their trial, or who are deemed likely to not appear for their trial. But the nation’s use of detention is steadily rising, and facilities are packed with young people who do not meet those high-risk criteria—about 70 percent are detained for nonviolent offenses.

Detained youth, who are frequently pre-adjudication and awaiting their court date, or sometimes waiting for their placement in another facility or community-based program, can spend anywhere from a few days to a few months in locked custody. At best, detained youth are physically and emotionally separated from the families and communities who are the most invested in their recovery and success. Often, detained youth are housed in overcrowded, understaffed facilities—an environment that conspires to breed neglect and violence.

Washington, DC: Justice Policy Institute, 24p.

America’s Youth Under Fire: The Devastating Impact of Gun Violence on Young People

By Chelsea Parsons, Maggie Thompson, Eugenio Weigend and Giovanni Rocco

On February 14, 2018, 14 students and three staff members were murdered at Marjory Stoneman Douglas High School in Parkland, Florida, by a single shooter armed with an assault rifle. This horrific massacre galvanized the nation’s attention to the issue of gun violence, particularly as it affects young people in this country. However, the scope of gun violence as it affects America’s youth is much vaster than this most recent mass shooting. Gunfire has officially overtaken car accidents as one of the leading killers of young people in the United States. As of publication time, since the beginning of 2018, 820 teens ages 12 to 17 have been killed or injured with a gun. As mass shootings become more common and more deadly, a staggering 57 percent of teenagers now fear a school shooting. The epidemic of gun violence against America’s youth is more than just a disturbing data point. For each bullet fired, there are multiple stories of lives changed forever. When he was just 6 years old, Missouri State Rep. Bruce Franks Jr. saw his brother shot in front of their neighbor’s home. Nevada activist Mariam El-Haj witnessed the shooting of her mother by her estranged father, who then turned the gun on Mariam. Oregon youth mentor Jes Phillip’s siblings have all had close calls—she has three younger sisters who were present at the Reynolds High School shooting in Troutdale, Oregon, and two bullets landed next to her brother’s bed when they came through her family’s apartment wall during a neighborhood shooting. Nineteen year-old student Eli Saldana, a member of the Native American community living in Chicago, was shot on his walk home from work. These stories of gun violence are all too common among young Americans. The United States’ gun violence epidemic disproportionately ravages young people, particularly young people of color. In short, gun violence is shattering a generation.

Washington, DC: Center for American Progress, 2018. 25p.

The War On Kids: How American Juvenile Justice Lost Its Way

By Cara H. Drinan

In 2003, when Terrence Graham was sixteen, he and three other teens attempted to rob a barbeque restaurant in Jacksonville, Florida. Though they left with no money, and no one was seriously injured, Terrence was sentenced to die in prison for his involvement in that crime.

As shocking as Terrence's sentence sounds, it is merely a symptom of contemporary American juvenile justice practices. In the United States, adolescents are routinely transferred out of juvenile court and into adult criminal court without any judicial oversight. Once in adult court, children can be sentenced without regard for their youth. Juveniles are housed in adult correctional facilities, they may be held in solitary confinement, and they experience the highest rates of sexual and physical assault among inmates. Until 2005, children convicted in America's courts were subject to the death penalty; today, they still may be sentenced to die in prison-no matter what efforts they make to rehabilitate themselves. America has waged a war on kids.

New York: Oxford University Press, 2017. 241p.,

Juvenile Justice Reform and Restorative Justice: Building Theory and Policy from Practice

Edited by Gordon Bazemore and Mara Schiff

This book, based on a large-scale research project funded by the National Institute of Justice and the Robert Wood Johnson Foundation, provides an overview of the restorative justice conferencing programs currently in operation in the United States, paying particular attention to the qualitative dimensions of this, based on interviews, focus groups and ethnographic observation. It provides an unrivalled view of restorative justice conferencing in practice, and what the people involved felt and thought about it. The book looks at four structural variations in the face-to-face form of restorative decision making: family group conferences, victim-offender mediation/dialogue, neighborhood accountability boards, peacemaking circles. The authors address two issues that have received limited research emphasis in restorative justice: the lack of clear and consistent standards, and the absence of testable theories of intervention that reflect what has become a rather diverse practice. In response the authors conclude with a proposed structure for principle-based evaluation designed to test emerging theories of restorative decision making.

Cullompton, UK: Willan Publishing, 2005. 400p.

Justice For Kids: Keeping Kids Out of the Juvenile Justice System

Edited by Nancy Dowd

Children and youth become involved with the juvenile justice system at a significant rate. While some children move just as quickly out of the system and go on to live productive lives as adults, other children become enmeshed in the system, developing deeper problems and or transferring into the adult criminal justice system. Justice for Kids is a volume of work by leading academics and activists that focuses on ways to intervene at the earliest possible point to rehabilitate and redirect--to keep kids out of the system--rather than to punish and drive kids deeper. Justice for Kids presents a compelling argument for rethinking and restructuring the juvenile justice system as we know it. This unique collection explores the system’s fault lines with respect to all children, and focuses in particular on issues of race, gender, and sexual orientation that skew the system. Most importantly, it provides specific program initiatives that offer alternatives to our thinking about prevention and deterrence, with an ultimate focus on keeping kids out of the system altogether.

New York and London: New York University Press, 2011. 325p.

Trends in Juvenile Violent Offending: An Analysis of Victim Survey Data

ByJames P. Lynch

The fact that our assessment of current trends in juvenile offending is based largely on arrest data reported to the Federal Bureau of Investigation (FBI) by local law enforcement agencies raises a fundamental question about the capacity of such data to provide an accurate and comprehensive picture of the myriad challenges that face today’s youth and our society. The information that this Bulletin offers on trends in juvenile violent offending over the past two decades, however, comes from a different source: the victims of those offenses. Thus, unlike the data derived from the FBI’s Uniform Crime Reports, which drive traditional assessments, the information provided by the National Crime Victimization Survey— and featured in these pages—is not limited to cases that come to the attention of local law enforcement officials, primarily through arrests. By comparing the pictures of trends in juvenile violent offending that these diverse data sources provide, we can begin to answer the critical question posed above and to determine whether our present understanding of juvenile offending accurately reflects the nature of those crimes—and not merely the nature of its origins.

Washington, DC: U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, 2002. 20p.

Protecting Children from Violence in Sport: a review with a focus on industrialized countries

By Celia Brackenridge, Kari Fasting, Sandra Kirby andTrisha Leahy

UNICEF has long recognized that there is great value in children’s sport and play, and has been a consistent proponent of these activities in its international development and child protection work. Health, educational achievement and social benefits are just some of the many desirable outcomes associated with organized physical activity. In line with the provisions of the Convention on the Rights of the Child, UNICEF has also been a strong advocate of children’s right to leisure and play and to have their voices heard in the planning and delivery of the sport activities in which they are involved. During recent years, however, it has become evident that sport is not always a safe space for children, and that the same types of violence and abuse sometimes found in families and communities can also occur in sport and play programmes. Child athletes are rarely consulted about their sporting experiences, and awareness of and education on child protection issues among sport teachers, coaches and other stakeholders is too often lacking. Overall, appropriate structures and policies need to be developed for preventing, reporting and responding appropriately to violence in children’s sport.

Florence, Italy: UNICEF Innocenti Research Centre, 2010. 54p.

Recriminalizing Delinquency: Violent Juvenile Crime and Juvenile Justice Reform

By Simon I. Singer

Recriminalizing Delinquency presents a case study of legislation that redefines previous acts of delinquency as crimes, and delinquents as juvenile offenders. It examines one state's response to violent juvenile crime through waiver legislation that transfers jurisdiction over juveniles from juvenile court to criminal court. It focuses on the creation, implementation, and effects of waiver legislation that lowered the eligible age of criminal responsibility to thirteen for murder and fourteen for other violent offenses.

New York: Cambridge University Press, 1996. 243p.

Judging Juveniles: Prosecuting Adolescents in Adult and Juvenile Courts

By Aaron Kupchik

By comparing how adolescents are prosecuted and punished in juvenile and criminal (adult) courts, Aaron Kupchik finds that prosecuting adolescents in criminal court does not fit with our cultural understandings of youthfulness. As a result, adolescents who are transferred to criminal courts are still judged as juveniles. Ultimately, Kupchik makes a compelling argument for the suitability of juvenile courts in treating adolescents. Judging Juveniles suggests that justice would be better served if adolescents were handled by the system designed to address their special needs.

New York: New York University Press, 2006. 211p.