By Ben Finholt, Brandon L. Garrett, Karima Modjadidi, and Kristen M. Renberg 

Life without parole (LWOP) is “an especially harsh punishment for a juvenile,” as the U.S. Supreme Court noted in Graham v. Florida. The United States is the only country in the world that imposes juvenile life without parole (JLWOP) sentences. Many of these individuals were sentenced during a surge in LWOP sentencing in the 1990s. In the past decade, following several Supreme Court rulings eliminating mandatory sentences of LWOP for juvenile offenders, such sentencing has declined. This Article aims to empirically assess the rise and then the fall in JLWOP sentencing in a leading sentencing state, North Carolina, to better understand these trends and their implications.

We examine the cases of ninety-four North Carolina juveniles, aged thirteen to seventeen at the time of their offenses, who were sentenced to JLWOP. Of those, forty-nine are currently serving LWOP sentences. In North Carolina, JLWOP sentencing has markedly declined. Since 2011, there have been only five of such sentences. Of the group of ninety-four juvenile offenders, forty-four have so far been resentenced to non-LWOP sentences—largely pursuant to the post-Miller v. Alabama legislation passed in North Carolina. These JLWOP sentences are primarily concentrated in a small group of counties. A total of 61% (fifty-seven of the ninety-four) JLWOP sentences in North Carolina were entered in one of the eleven counties that have imposed more than three JLWOP sentences. We find a path dependency to these sentences: once a county has imposed a JLWOP sentence, it has a higher probability of imposing a JLWOP sentence again in the future. In contrast, homicide rates are not predictive of JLWOP sentences. We question what goals JLWOP serves, given what an inconsistently used, uncommon, geographically limited, and costly sentence it has been in practice. In conclusion, we describe alternatives to JLWOP, including the model adopted in states such as California and Wyoming, in which there is periodic review of lengthy sentences imposed on juvenile offenders.

110 J. Crim. L. & Criminology 141 (2020).

By Ashley Nellis and Niki Monazzam

  Beginning at age 18, U.S. laws typically require persons charged with a crime to have their case heard in criminal rather than juvenile court, where penalties are more severe.1 The justification for this is that people are essentially adults by age 18, yet this conceptualization of adulthood is flawed. The identification of full criminal accountability at age 18 ignores the important, distinct phase of human development referred to as emerging adulthood, also known as late adolescence or young adulthood.2 Compelling evidence shows that most adolescents are not fully matured into adulthood until their mid-twenties.3 The legal demarcation of 18 as adulthood rests on outdated notions of adolescence. Based on the best scientific understanding of human development, ages 18 to 25 mark a unique stage of life between childhood and adulthood which is recognized within the fields of neuroscience, sociology, and psychology. Thus, there is growing support for providing incarcerated people who were young at the time of their offense a second look at their original sentence to account for their diminished capacity. A 2022 study found similar levels of public support for providing a second look at prison sentences for crimes committed under age 18 as for those committed under age 25.4 This brief proceeds in three sections: • Analysis based on a newly compiled nationally representative dataset of nearly 30,000 individuals sentenced to life without parole (LWOP) between 1995 and 2017. • Research review on adolescent brain development revealing that emerging adults share more characteristics with youth than adults. • Judicial, legislative, and administrative reform updates in nine jurisdictions: California, Connecticut, Florida, Massachusetts, Michigan, Vermont, Washington, Washington, DC, and Wyoming.

Washington, DC: The Sentencing Project, 2023. 22p.  

By Charles Puzzanchera, Sarah Hockenberry, and Melissa Sickmund  

  Youth and the Juvenile Justice System: 2022 National Report is the fifth edition of a comprehensive report on youth victimization, offending by youth, and the juvenile justice system. With this release, the report series has adopted a new name (the series was previously known as “Juvenile Offenders and Victims”), but the focus of the report remains unchanged: the report consists of the most requested information on youth and the juvenile justice system in the United States. Developed by the National Center for Juvenile Justice (NCJJ) for the Office of Juvenile Justice and Delinquency Prevention and the National Institute of Justice, the report draws on reliable data and relevant research to provide a comprehensive and insightful view of youth victims and offending by youth, and what happens to youth when they enter the juvenile justice system in the U.S. The report offers—to Congress, state legislators, other state and local policymakers, educators, juvenile justice professionals, and concerned citizens— empirically based answers to frequently asked questions about the nature of youth victimization and offending and the justice system’s response. The juvenile justice system must react to the law-violating behaviors of youth in a manner that not only protects the community and holds youth accountable but also enhances youth’s ability to live productively and responsibly in the community. The system must also intervene in the lives of abused and neglected children who lack safe and nurturing environments. To respond to these complex issues, juvenile justice practitioners, policymakers, and the public must have access to useful and accurate information about the system and the youth it serves. At times, such information is not available or, when it does exist, it is often too scattered or inaccessible to be useful. This report bridges that gap by pulling together the most requested information on youth and the juvenile justice system in the United States. The report draws on numerous national data collections to address the specific information needs of those involved with the juvenile justice system. The report presents important and, at times, complex information using clear, nontechnical writing and easy to-understand graphics and tables. It is structured as a series of briefing papers on specific topics, short sections that can be read independently   

 Pittsburgh, PA:  National Center for Juvenile Justice, 2022. 226p.

By Amanda B. Gilman , Sarah Cusworth Walker , Kristin Vick, and Rachael Sanford  

  While there is ample research examining the short- and long-term effects of juvenile incarceration (broadly defined), less is known about the specific consequences of the most common form of youth incarceration, juvenile detention. We conducted a Rapid Evidence Review (RER), limiting our search to the past 10 years to include studies that captured modern juvenile justice practices, to assess the body of literature evaluating the effects of juvenile detention on youth outcomes. Our initial search yielded over 1,800 articles, but only three ultimately met criteria for inclusion in our review. We conclude that there is a profound lack of research regarding the consequences of juvenile detention, an issue that affects a large number of youth in the United States.

Crime and Delinquency, 67(11) : 1792-1813, 2021

By Vicky Kemp, Nicola Carr, Hope Kent and Stephen Farrall

  The criminal law is supposed to treat children, being those aged under 18 years, less harshly than it treats adults because of their developmental differences. Children also have particular legal rights due to their age, needs and circumstances. While the number of children arrested by the police has fallen by two-thirds over the past ten years, there were just under 53,000 people under 18 years old brought into police custody in England and Wales during the year ending March 2022. For children who come into conflict with the law, particularly those detained and questioned by the police, special protections are required to ensure that their legal rights are protected. In addition to legal safeguards under the Police and Criminal Evidence Act 1984 (PACE), children arrested and detained by the police have legal protections under the United Nations Convention on the Rights of the Child. Within the secure environment of police custody, however, children’s experiences are rarely heard, making them almost invisible during these early stages in the criminal process. This study, funded by the Nuffield Foundation, explores the impact of PACE on the detention and questioning of child suspects. For the first time in England and Wales, this included researchers engaging with child suspects about their legal rights while detained. Talking to children about their experiences in police custody provided researchers with greater insight into the processing of child suspects by the police.  

Nottingham, UK: University of Nottingham, 2023. 121p

By Josh Rovner

 Youth arrests and incarceration increased in the closing decades of the 20th century but have fallen sharply since that time. Public opinion often lags behind these realities, wrongly assuming both that crime is perpetually increasing and that youth offending is routinely violent. In fact, youth offending is predominantly low-level, and the 21st century has seen significant declines in youth arrests and incarceration. Between 2000 and 2020, the number of youth held in juvenile justice facilities fell from 109,000 to 25,000—a 77% decline.  

Washington, DC: The Sentencing Project, 2023. 9p.

By Richard Mendel

Though the number of youth confined nationwide has declined significantly over the past two decades, our country still incarcerates far too many young people.

It does so despite overwhelming evidence showing that incarceration is an ineffective strategy for steering youth away from delinquent behavior and that high rates of youth incarceration do not improve public safety. Incarceration harms young people’s physical and mental health, impedes their educational and career success, and often exposes them to abuse. And the use of confinement is plagued by severe racial and ethnic disparities.

This publication summarizes the evidence documenting the serious problems associated with the youth justice system’s continuing heavy reliance on incarceration and makes recommendations for reducing the use of confinement. It begins by describing recent incarceration trends in the youth justice system. This assessment finds that the sizable drop in juvenile facility populations since 2000 is due largely to a substantial decline in youth arrests nationwide, not to any shift toward other approaches by juvenile courts or corrections agencies once youth enter the justice system. Most youth who are incarcerated in juvenile facilities are not charged with serious violent offenses, yet the United States continues to confine youth at many times the rates of other nations. And it continues to inflict the harms of incarceration disproportionately on Black youth and other youth of color – despite well-established alternatives that produce better outcomes for youth and community safety.

Washington, DC: Sentencing Project, 2022. 34p.

By Barbara Bloom and David Steinhart

In I978,The National council on Crime and Delinquency (NCCD) published a study entitledWhy Punish the Children? The study JL offered a comprehensive and critical view of the nation's treatment of children whose mothers were incarcerated in the nation's jails and prisons. It documented a neglected and forgotten class of young people whose lives were disrupted and often damaged by the experience of isolation from their imprisoned mothers. Recommendations presented in the study were intended to focus attention on these children and their needs. The present work is a reassessment of the study published in I978. The need for a current appraisal is sharpened by the fact that the incarceration rate for female offenders has skyrocketed in recent years. This has spurred unwelcome growth of the invisible class of infants, children and teenagers who find themselves without a mother at home. While new legions of children are growing up separated from their mothers, government agencies appear more powerless than ever to attend to the needs of the children, their mothers and their caregivers. Now more than ever, we must renew our concern and define our commitment to these children. This report offers an appraisal of their needs and a current agenda for reform.

San Francisco: National Council on Crime and Delinquency, 1993. 86p.

By Frederic M. Thrasher

While gangs and gang culture have been around for countless centuries, The Gang is one of the first academic studies of the phenomenon. Originally published in 1927, Frederic Milton Thrasher’s magnum opus offers a profound and careful analysis of hundreds of gangs in Chicago in the early part of the twentieth century. With rich prose and an eye for detail, Thrasher looked specifically at the way in which urban geography shaped gangs, and posited the thesis that neighborhoods in flux were more likely to produce gangs. Moreover, he traced gang culture back to feudal and medieval power systems and linked tribal ethos in other societies to codes of honor and glory found in American gangs

Chicago: University of Chicago Press, 1973. 214p.

Edited by Scott H. Decker and David C. Pyrooz

Pulling together the most salient, current issues in the field today, The Handbook of Gangs provides a significant assessment by leading scholars of key topics related to gangs, gang members, and responses to gangs.

• Chapters cover a wide array of the most prominent issues in the field of gangs, written by scholars who have been leaders in developing new ways of thinking about the topics

• Delivers cutting-edge reviews of the current state of research and practice and addresses where the field has been, where it is today and where it should go in the future

• Includes extensive coverage of the individual theories of delinquency and provides special emphasis on policy and prevention program implications in the study of gangs

Chichester, West Sussex:Wiley Blackwell, 2015. 592p

Edited by Malcolm W. Klein, Hans-Jürgen Kerner, Cheryl L. Maxson and Elmar G. M. Weitekamp

The Eurogang Paradox is the first comprehensive collection of original research reports on the status of street gangs and problematic youth groups in Europe, as well as a set of special, state-of-the-art reports on the current status of American street gang research and its implications for the European gang situation. Seven American papers are joined with reports from England, Norway, Sweden, Denmark, Germany, Russia, Holland, Belgium, France, and Slovenia. Summary chapters by the American and European editors provide overviews of the street gang picture: the associated issues and problems of definition, community context, comparative research procedures, and implications for prevention and intervention. Professionals and students will find these papers easy to comprehend yet fully informative on comparative street gang studies.

Dordrecht: Kluwer Academic, 2001. 335p.

By Irving A. Spergel

Every day there are new stories of gang-related crime: from the proliferation of illegal weapons in the streets and children dealing drugs in their schools, to innocent bystanders caught in the crossfire of never-ending gang wars. Once considered an urban phenomenon, gang violence is permeating American life, spreading to the suburbs and bringing the problem closer to home for much of America. The government, schools, social agencies, and the justice system are conspicuous by their sporadic interest in the subject and have failed to develop effective policies and programs. Existing social support mechanisms and strategies for suppressing violence have often been unsuccessful. And, state and federal policy is largely nonexistent.In The Youth Gang Problem: A Community Approach, Irving Spergel provides a systematic analysis of youth gangs in the United States. Based on research, historical and comparative analysis, and agency documents and the author's extensive first-hand experience, the work explores the gang problem from the perspective of community disorganization, especially population movement, and the plight of the underclass. It examines the factors of gang member personality, gang dynamics, criminal organization, and the influence of family, school, prisons, and politics, as well as the response of criminal justice agencies and community groups.

• More.....

  Spergel describes techniques used by social agencies, schools, employment programs, criminal justice agencies, and grass-roots organizations for dealing with gangs, and recommends strategies that emphasize the use of local resources, planning, and collaborative procedures.There is no single strategy and no easy solution to the youth gang problem in the United States. There are, however, substantial steps we can take, and they must be honestly and systematically tested. Offering a practical and alternative approach to a serious social problem, The Youth Gang Problem: A Community Approach is a major and long-awaited contribution to this dilemma. It is required reading for criminal justice personnel, school staff, social workers, policy makers, students and scholars of urban and organizational sociology, and the general reader concerned with the youth gang problem and how to control, intervene, and prevent it.

Oxford, UK; New York: Oxford University Press, 1995. 368p.

By Ko-lin Chin

In Chinatown Gangs, Ko-lin Chin penetrates a closed society and presents a rare portrait of the underworld of New York City's Chinatown. Based on first-hand accounts from gang members, gang victims, community leaders, and law enforcement authorities, this pioneering study reveals the pervasiveness, the muscle, the longevity, and the institutionalization of Chinatown gangs. Chin reveals the fear gangs instill in the Chinese community. At the same time, he shows how the economic viability of the community is sapped, and how gangs encourage lawlessness, making a mockery of law enforcement agencies.Ko-lin Chin makes clear that gang crime is inexorably linked to Chinatown's political economy and social history. He shows how gangs are formed to become "equalizers" within a social environment where individual and group conflicts, whether social, political, or economic, are unlikely to be solved in American courts. Moreover, Chin argues that Chinatown's informal economy provides yet another opportunity for street gangs to become "providers" or "protectors" of illegal services. These gangs, therefore, are the pathological manifestation of a closed community, one whose problems are not easily seen--and less easily understood--by outsiders.Chin's concrete data on gang characteristics, activities, methods of operation and violence make him uniquely qualified to propose ways to restrain gang violence, and Chinatown Gangs closes with his specific policy suggestions. It is the definitive study of gangs in an American Chinatown.

New York: Oxford University Press, 1996. 248p.

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.

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.

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.

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.

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.

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.

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.