By Josh Rovner

The Sentencing Project, in its national survey of life and virtual life sentences in the United States found 1,465 people serving JLWOP sentences at the start of 2020. This number reflects a 38% drop in the population of people serving JLWOP since our 2016 count and a 44% drop since the peak count of JLWOP figures in 2012.1 This count continues to decline as more states eliminate JLWOP. In five decisions – Roper v. Simmons (2005), Graham v. Florida (2010), Miller v. Alabama (2012), Montgomery v. Louisiana (2016), and Jones v. Mississippi (2021) – the Supreme Court of the United States establishes and upholds the fact that “children are constitutionally different from adults in their levels of culpability”2 when it comes to sentencing. Differences in maturity and accountability informs the protections of the Eighth Amendment’s prohibition on cruel and unusual punishment that limits sentencing a child to die in prison. Research on adolescent brain development confirms the commonsense understanding that children are different from adults in ways that are critical to identifying age-appropriate criminal sentences. This understanding – Supreme Court Justice Anthony Kennedy called it what “any parent knows”3 – was central to the recent Supreme Court decisions excluding people under 18 from the harshest sentencing practices. Starting in 2005, Roper struck down the death penalty for people under 18…...  

Washington DC: The Sentencing Project, 2023.  6p.

By Christina A. Sorenson

Screaming Into The Void: Youth Voice in Institutional Placements is a report written by 2019 Soros Justice Fellow Christina K. Sorenson. This comprehensive report includes a personal anthology, a historical analysis, a review of the current state of affairs, an in-depth look at Pennsylvania, and a 51- jurisdictional research survey of youth grievance protections in institutional placements across the dependency and delinquency systems. The historical analysis is limited but essential to understanding the current system's failures and the need for system re-imagining.

The regularity of out-of-state placement necessitates a national perspective. The complicated intersection of federal and state laws exists ostensibly to protect the children we incarcerate. However, the research in this report unequivocally proves that nationwide, our oversight systems systematically dis-empower youth, hide abuses and limit liability.

Organized around three core components: See Youth, Hear Youth, and Protect Youth, this report weaves an existing analysis of protections across the county with multi-disciplinary recommendations and approaches. Finally, there is a curriculum developed by expert Antonio Thomas, to help jurisdictions work directly in partnership with youth to develop youth-centered grievance protections.

The purpose of this report is not to offer an answer, a model, or a template for grievance protection. Instead, the history, state statutory and regulatory review, and curriculum aim to supply the resources necessary for policy-makers and advocates to empower and include local youth with lived experience in imagining and implementing effective youth-centered grievance protections.
Philadelphia: Juvenile Law Center, 2023. 108p.

By   Ilya Klauzner, Suzanne Poynton, Don Weatherburn and Hamish Thorburn

Youth on Track is an early intervention scheme that was introduced in 2013 to help reduce the risk of young people re-offending. The scheme assigns young people to caseworkers for up to 12 months. Caseworkers administer interventions to the young person, including cognitive-behavioural and family interventions. They can also refer young people to external services to address criminogenic needs and engage with schools to increase attendance. Youth on Track is only available in seven sites in NSW and for young people who have never had a supervised order.
Between August 2017 and June 2020, a randomised controlled trial (RCT) was implemented to evaluate the Youth on Track program. A brief intervention called Fast Track was created as the control arm to ensure some level of treatment for all young people participating in the RCT. Fast Track was capped at six weeks of case management. Caseworkers did not deliver any structured interventions to the young person, but could refer them to external services.
We examined whether there were any differences in recidivism, education, employment, community activity, and housing outcomes between Youth on Track and Fast Track participants.

Sydney: NSW Bureau of Crime Statistics and Research. (Crime and Justice Bulletin No. 249).  

By  Aisha Ofori, Carmen Robin-D’Cruz, Bami Jolaoso and Stephen Whitehead

  Youth diversion is a set of informal, non-statutory practices in which children and young people are provided the opportunity to avoid a statutory out of court disposal or a court prosecution if they complete community-based interventions. It offers children and young people a crucial alternative, allowing them to avoid the damaging consequences of formal justice processing and the likelihood of becoming deeper entrenched into the youth justice system. However, at present, there are concerns that diversion is not equally available to all, potentially exacerbating the racial disparities that already mar the system. As the House of Commons Justice Select Committee reported, ‘race disproportionality is significant and fundamental, visible in every part of the youth justice system’.  Given the significant and potentially life-long harms which come with unnecessary involvement in the justice system, ensuring equal access to diversion is essential. This project explores the experiences of children and young people, some of whom had been diverted and some of whom had not, with a particular focus on how they perceived their ethnicity to have impacted the youth justice process and outcomes. Eleven children and young people currently in the youth justice system participated in face-to-face interviews about their experiences with the police, solicitors and youth justice services, and how they perceived these experiences to have been influenced by their ethnic background. This research, funded by the Esmée Fairbairn Foundation, follows on from our previous project ‘Equal diversion? Racial disproportionality in youth diversion’ and is a crucial step towards expanding the limited evidence base on youth diversion in England and Wales.  

London: The Centre for Justice Innovation, 2022. 21p.

By Patricia Soung

The dramatic growth of prison populations in the United States during the latter half of the twentieth century, as well as the problems of over-policing and police misconduct, have been well documented and decried.1 But the related expansion and problems of community supervision receive far less attention. Across the nation, reform efforts have increasingly included a focus on probation, especially juvenile probation, as an actor that both jails and polices youth in the community while also trying to rehabilitate them and promote their well-being. This Article studies the juvenile probation system, with a focus on California as one important system aiming to both surveil and care for individuals. It draws together two frameworks: 1) law and policy which describe the juvenile probation system as intended, and 2) juvenile probation practices and attitudes which reveal the day-to-day translation of the system’s formal intentions. Ultimately, where a system’s approach to rehabilitation and accountability become synonymous with or too reflexively able to adopt surveillance, containment, and punishment orientations, its ability to deliver meaningful help and support through that same system is improbable. Thus, this Article discusses the need in the United States to reform, dismantle, or replace probation with youth development-focused systems and uses Los Angeles as an example of a government already doing this important work

.112 J. Crim. L. & Criminology 549 (2022).

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 InSight Crime

President Maduro’s plan to help governors fund their states by gifting them each a gold mine soon ran into trouble. In the sprawling state of Bolívar, this led to immediate conflict. The criminal gangs that ran Venezuela’s mining heartland would never surrender. One group, in particular, has led the resistance. On November 5, 2019, threatening pamphlets appeared on the streets of El Callao, a mining town in Venezuela›s eastern state of Bolívar. The town was already on edge. A week before, a severed head was found on a road in El Callao. The pamphlets contained a message from a local gang leader, Alejandro Rafael Ochoa Sequea, alias “Toto,” to the municipal mayor, Alberto Hurtado. “You handed over your land to the government,” they read. “Resign, you have 48 hours to pack your bags because there is going to be more death, and if you don’t go, I’m coming for your head.” That night, armed men on motorbikes raced around the streets, firing off their weapons and setting off a grenade. This investigation exposes how the Maduro regime’s attempts to control Venezuela’s mining heartland in the state of Bolívar has led to criminal chaos, as guerrilla groups, heavily armed gangs and corrupt state elements battle over the country’s gold. Toto’s message and his gang’s terror campaign came shortly after President Nicolás Maduro had announced an unusual new policy: He would give each state governor a gold mine to help fund their administrations. There was one problem. Bolívar’s gold mines were controlled by brutal criminal gangs known as sindicatos (unions). And the sindicatos such as Toto’s had no intention of giving up the mines without a fight.

Washington, DC: InSight Crime, 2021. 31p.

By Joanna Callen

Jamaica’s violence problem is not new. Since the mid 1970’s the island’s per capita murder rate has steadily increased, by an average of 4.4 percent per year, from 19.8 per 100,000 in 1977, to 60 per 100,000 in 2017. In 2019, Jamaica was recorded as having the second highest murder rate in the Latin America and the Caribbean. Jamaica’ extreme violence rate is often attributed to gangs. CAPRI in partnership with the UK’s Department for International Development, and with Ms. Joanna Callen as the Lead Researcher is undertaking a study with an effort to bring focused attention to Jamaica’s gang problem, with the objective of advancing knowledge towards more effective policies and programmes for gang prevention and control. The information garnered will be used to make relevant policy recommendations, with an emphasis on providing a basis to mobilize civic support for and participation in good governance in the area of crime and violence reduction, particularly as it pertains to gangs. Gangs, organized crime, and violence, and the nexus between them, are Jamaica’s biggest citizen security challenge. With the second highest murder rate in the Latin America and Caribbean region in 2019, Jamaica’s extreme violence is often attributed to gangs. Between 2008 and 2018, gang-related violence was responsible for 56 percent of murders in Jamaica, with a high of 78 percent in 2013. Jamaica is a violent country in other ways, with extraordinarily high rates of domestic violence, including intimate partner (IPV) and gender-based violence (GBV). Jamaica’s violence problem is so

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  pernicious that the country has come to be described by academics and policy makers as having a “culture of violence.

Jamaica, WI: Caribbean Policy Research Institute, 2020. 67p.

By Diana Thorburn, Joanna Callen, Herbert Gayle and Laura Koch

Murder and extreme violence are at crisis levels in Montego Bay. The city is also the birthplace and centre of the lottery scamming industry and its offshoots, an industry that generates millions of U.S. dollars a year, and is thought to be connected to the high murder and shooting rates in St. James. This study considers the purported nexus between lottery scamming, gangs, and the high murder rate in St. James by situating St. James’ violence problem in its socio-economic context, and reviews the measures that have been taken over the past decade to tackle both problems.

Jamaica, WI: Caribbean Policy Research Institute, 2017. 72p.

By The Global Initiative Against Transnational Organized Crime.

This policy note provides a brief background on gangs in El Salvador and the attempts of Salvadoran authorities to negotiate with them to reduce violence in the streets. It analyzes a March 2022 gang-led homicide spree with a particular focus on the government’s response, arguing how it has harmed citizens’ lives, turning fundamental human rights into bargaining chips between licit and illicit actors. Highly punitive responses to contain gang violence have been the norm in El Salvador. In addition, for the past decade, secret negotiations between state actors and imprisoned gang leaders have been conducted, but outcomes have yielded similar or worse results. Authorities must seek alternative avenues for peace, such as promoting restorative justice and community resilience, minimizing the risk of prison riots and providing reinsertion programmes. Mediation from the international community is also needed in order to prevent the situation from spinning out of control.

Geneva: Global Initiative Against Transnational Organized Crime, 2022. 14p.

By Kim Geurtjens

Whereas outlaw motorcycle gangs (OMCGs) were originally perceived as uncivilized white men grouped around a passion for motorcycles and riding, they have now become increasingly associated with organized crime. Governments have defined them as a crime policy priority, resulting in a broad-scale law enforcement offensive aimed at reducing OMCG-related crime, reducing the number of clubs and chapters, and reducing interclub tension. The way in which the general public perceives OMCGs and the attitude toward OMCGs is largely influenced by media coverage on the subject, and in recent years OMCGs have become a popular topic. As public perceptions, policymaking, and media coverage influence each other, this paper seeks to explore the contemporary representation of OMCGs and law enforcement in the Meuse Rhine Euregion by means of analyzing regional newspaper articles from 2010 up to and including 2016. The theories used for this analysis are Quinn and Koch’s criminality typology and the situational crime prevention framework. Results demonstrate that the public image of OMCGs indeed centers around (organized) crime, and that even when events not involving crime are covered, the newspaper article focuses on law enforcement working toward containing the risks of OMCG-related crime and monitoring motorcycle clubs. The public image of law enforcement measures against OMCGs therefore relies heavily on police actions and, to a lesser extent, on administrative authority reducing not only crime opportunities, but also making OMCG life in general less attractive.

Unpublished Paper, 2019. 23p.

By Mark Shaw and Kim Thomas

Johannesburg’s western neighbourhoods of Westbury and Eldorado Park have long experienced serious problems derived from the presence of drug gangs and other forms of organized crime, resulting in a cyclical pattern of violence and criminality, followed by backlashes in the form of community protests and state responses. Law enforcement interventions have generally only temporarily quelled the violence before another cycle of gang activity, violence and protests flares up once again. Such continual cycles have been the pattern defining this urban area since the early 1990s. The costs of crime borne by the citizens of western Johannesburg are high and it is essential to reverse the cycle of violence and despair for these communities to thrive. This report focuses principally on gang-engendered violence in the city’s western suburbs of Westbury and Eldorado Park (and, to a lesser extent, Newclare), although other neighbouring urban areas that fall within the Johannesburg metropolitan area are also briefly analyzed. Broadly, in this urban area there have been three cycles of violence, and accompanying periods of protest and responses by community leaders and the state since the start of South Africa’s post-apartheid democratic era in 1994.

Geneva: Global Initiative Against Transnational Organized Crime, 2019. 35p.

By Owen Elrifi

This paper explores the classification of gangs as criminal actors and not as political actors. I propose that urban street gangs often resemble and reflect the actions of the Weberian state in their communities and that this makes them inherently political, even if they do not make explicitly political claims against the state. To test this, I develop a theoretical framework by which to compare gang characteristics to state characteristics. Through ethnographic case studies of three Chicagoan gangs in the latter half of the 20th century, I demonstrate the utility of my framework in analysis and evaluate the similarities between gangs and states.

Chicago: University of Chicago, 2019. 70p.

By Ben Fisher and Anthony Petrosino

One common policy in response to concerns about school safety is to regularly employ police in school buildings. Although many schools have had some regular presence of police in their buildings, the murder of George Floyd in May 2020 led to more scrutiny of law enforcement across the board. As a result, several districts across the nation began to reconsider the use of police in schools. However, as schools began returning to full-time, in-person teaching, concerns about the safety of students and staff led several districts to reverse their decision and bring officers back to campus. Clearly, more research is needed to guide this important policy decision. To respond to this research need, the WestEd Justice and Prevention Research Center, in collaboration with Professor Ben Fisher of Florida State University, conducted a systematic review of research on the effects of school policing on safety, perceptions, and academic outcomes. This brief summarizes results from this synthesis of 32 evaluations.

San Francisco, CA: WestEd,  2022. 5p.

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 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 James Diego Vigil

The Pico Gardens housing development in East Los Angeles has a high percentage of resident families with a history of persistent poverty, gang involvement, and crime. In some families, members of three generations have belonged to gangs. Many other Pico Gardens families, however, have managed to avoid the cycle of gang involvement.In this work, Vigil adds to the tradition of poverty research and elaborates on the association of family dynamics and gang membership. The main objective of his research was to discover what factors make some families more vulnerable to gang membership, and why gang resistance was evidenced in similarly situated non-gang-involved families. Providing rich, in-depth interviews and observations, Vigil examines the wide variations in income and social capital that exist among the ostensibly poor, mostly Mexican American residents. Vigil documents how families connect and interact with social agencies in greater East Los Angeles to help chart the routines and rhythms of the lives of public housing residents. He presents family life histories to augment and provide texture to the quantitative information.By studying life in Pico Gardens, Vigil feels we can better understand how human agency interacts with structural factors to produce the reality that families living in all public housing developments must contend with daily.

Austin, TX: University of Texas Press, 2007. 256p.