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

Lorraine Mazerolle, Sarah Bennett, Emma Antrobus, Stephanie M. Cardwell, Elizabeth Eggins & Alex R. Piquero 

Truancy in adolescence is related to detrimental developmental outcomes over the life-course, including a greater risk for delinquency during adolescence and offending in adulthood. This paper presents results from the Ability School Engagement Program (ASEP): a Third Party Policing partnership between schools and police that sought to disrupt the relationship between truancy and delinquency by communicating, in a procedurally fair dialogue, the legal responsibilities of parents to ensure their children attend school. This paper examines the impact of ASEP on antisocial behavior and the modifying effects of ASEP on the relationship between willingness to go to school and antisocial behavior.

 Journal of Quantitative Criminology volume 35, pages663–689 (2019

By Veronica Frisancho,  Alejandro Herrera and Eduardo Nakasone

This paper analyzes the relationship between the presence of LGBTQI students in the class-room and the prevalence of violence in the school setting. We rely on a representative sample of secondary schools in Uruguay and exploit variation in the share of LGBTQI students across classrooms to study how their presence affects the individual experience of violence. Our results show little support for the contact hypothesis: a larger share of LGBTQI students in the classroom has no impact on the individual experience of violence. On the contrary, a greater share of female LGBTQI students in the classroom is associated with greater psychological and physical violence among girls, irrespective of their gender identity or sexual orientation.

Washington, DC: Inter-American Development Bank, 2022. 31p.

United States. Public Health Service. Office Of The Surgeon General

From the document: "This Advisory calls attention to the growing concerns about the effects of social media on youth mental health. It explores and describes the current evidence on the positive and negative impacts of social media on children and adolescents, some of the primary areas for mental health and well-being concerns, and opportunities for additional research to help understand the full scope and scale of social media's impact. This document is not an exhaustive review of the literature. Rather, it was developed through a substantial review of the available evidence, primarily found via electronic searches of research articles published in English and resources suggested by a wide range of subject matter experts, with priority given to, but not limited to, meta-analyses and systematic literature reviews. It also offers actionable recommendations for the institutions that can shape online environments--policymakers and technology companies--as well as for what parents and caregivers, young people, and researchers can do."

United States. Public Health Service. Office of the Surgeon General. 2023. 25p.

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 Texas Center for Justice and Equity

During Youth Justice Action Month, we launched a new campaign focused on closing Texas’s 5 remaining prisons and investing in kids instead. After reports revealed dangerous and inhumane conditions in the Texas Juvenile Justice Department (TJJD), the “solution” has been to raise employee salaries. We know this will not fix the systemic abuse and neglect of incarcerated youth, and we demand something better for Texas kids. Along with the release of a policy brief and webpage explaining our policy goals, we’re convening the Finish the 5 Coalition — a group of advocates, organizations, impacted people, and other individuals. 

Austin, TX: TCJE, 2022. 9p.

By Emily A. Vogels

Nearly half of U.S. teens have been bullied or harassed online, with physical appearance being seen as a relatively common reason why. Older teen girls are especially likely to report being targeted by online abuse overall and because of their appearance

Washington, DC: Pew Research Center, 2022. 24p

By The National Governors Association

Youth involved in the juvenile justice system routinely face a variety of repercussions beyond detention. Although some of these may be directly related to the violation that occurred, there are many other secondary effects that can result from their system involvement. These secondary repercussions, or collateral consequences, can negatively impact youth and their families upon even the lowest level of engagement with the juvenile justice system. Such side effects can restrict a youth’s ability to recover and develop into a productive and self-sustaining adult citizen.

To better understand the range of collateral consequences youth may face, NGA conducted a series of learning calls and hosted a virtual roundtable titled “Strategies to Address the Needs of Juveniles Impacted by Collateral Consequences” during the fall of 2022. This roundtable convened national, state, and local subject-matter experts to explore the breadth of collateral consequences faced by justice-involved youth, the challenges and barriers policymakers face when addressing these consequences and policy options state leaders may consider to mitigate the negative effects that may result when youth interact with the juvenile justice system. This publication documents these high-level discussions and highlights key policy strategies for Governors’ offices to consider addressing this issue.  

Washington, DC: NGA, 2023. 12p.

By The National Juvenile Justice Network

Realizing true youth justice means ensuring youth live in a well-resourced ecosystem of community-based, trauma-informed and healing-centered responses to youth needs that create a pathway to opportunity, success and thriving for young people. An integral part of that ecosystem is a positive school environment that honors who young people are, pushes them to do their best, helps them when they encounter challenges, and extends grace when they miss the mark. When young people have access to positive school environments, they are better equipped to come to school with enthusiasm for learning, discover their dreams and passions, find ways to positively impact their school environment and learn from mistakes when they arise.
Unfortunately, a “surveillance” culture permeates too many of today's schools where students are penalized instead of encouraged to achieve their highest goals. Black, Brown, Indigenous, LGBTQIA+, and disabled students more often experience these types of surveillance school environments, which cause young people stress, trauma, and alienation and detract from their ability to learn and grow. Ultimately, it can lead students to become so disaffected that they drop out of school or are forced out through suspension, expulsion, or arrest.

Washington DC: NJJN, 2022. 45p.

By The Strathmore Law Clinic

Socially and economically vulnerable girls in Kenya are at heightened risk of being ensnared by the juvenile detention system. Facing extreme poverty, these girls are often arrested and detained for petty offences that arise from socioeconomic disadvantage. Girls are often subjected to abuses at all levels of the juvenile detention system, including violations of their rights during arrest, remand, and trial; abusive or inadequate conditions of post-sentencing detention; and stigmatization and lack of support upon release from detention. This report chronicles the experiences of girls during all phases of the criminal detention system in Kenya and advocates for abolition and reform of the juvenile detention system.

In November 2019, following weeks of desk research on the experiences of juveniles in Kenya’s criminal detention system, the Leitner Clinic, Strathmore Law Clinic, Wakilisha Initiative and Clean Start convened in Nairobi to conduct fact-finding interviews for the report. We conducted a site visit to the Kamae Girls Borstal Institution (“Kamae”), the only girls Borstal institution in Kenya, and interviewed the Head Officer and 10 of the 37 girls currently detained at Kamae to discuss their experiences at all levels of the juvenile detention system. We also interviewed Hon. Jacqueline Kibosia, a Kenyan children’s court magistrate; Irene Ndegwa, a pro bono attorney who represents children in the juvenile detention system; and representatives of Wakilisha Initiative (“Wakilisha”), Clean Start, Nafisika Trust (“Nafisika”) and NGOs that assist incarcerated and formerly incarcerated children.

Nairobi, Kenya: Strathmore Law Clinic, 2022. 38p.

By José Miguel Cruz, Ph.D. Andi Coombes, M.S.c. Yemile Mizrahi , et al.

Can a gang member in Honduras leave the gang, abandon criminal activities, and rehabilitate? What factors facilitate the process of disengagement from gangs in Honduras? To answer these questions, the American Institutes for Research (AIR), the Kimberly Green Latin American and Caribbean Center at Florida International University (LACC-FIU), and Democracy International (DI) conducted a study with Honduran gang members and former gang members across the country. The study is based on a survey with a sample of 1,021 respondents with a record of gang membership and 38 in-depth interviews with former gang members and other community members. Active gang members do disengage from the gang and its activities, but this disengagement depends on a myriad of factors, including the types of social relationships which the individual establishes outside the gang, the type of gang organization, and the availability of faith-based programs willing to reach out to the individual. This study, funded through the United States Agency for International Development (USAID) Latin America and Caribbean Youth Violence Prevention project, builds on previous academic scholarship on gangs in Honduras and Central America. We conducted the survey interviews in three adult penitentiaries, three juvenile detention centers, two juvenile parole programs, and several faith-based centers which work with former gang members in Tegucigalpa and San Pedro Sula. We complemented the information with semistructured interviews with 14 former gang members in the metropolitan areas of San Pedro and La Ceiba. We also interviewed 24 subject-matter experts and community members in Tegucigalpa, San Pedro Sula, and La Ceiba. We contracted a local firm, ANED, to conduct the survey interviews and trained a local team of interviewers, who collected the information under our direct supervision. For the in-depth interviews, we contracted and trained two local specialists. Data collection was conducted between October and December 2019.

Washington, DC: American Institutes for Research & Florida International University , 2020. 91p.

By Save the Children - Australia

At its best, the youth justice system has the potential to turn around lives, be responsive to the needs of children and young people, provide the supports they need to thrive, and thereby keep communities safer. In recent years, numerous reports and inquiries across Australia and internationally have detailed the negative impacts that contact with the justice system can have on children and young people. This is particularly the case for Aboriginal and Torres Strait Islander children and young people, who are overrepresented across all youth justice systems in Australia and are detained in youth detention facilities at unacceptably high rates. Despite some recent gains and efforts in certain jurisdictions to better utilise prevention and early intervention across the system and support culturally safe practices, youth justice systems in Australia persistently violate child rights. Our youth justice systems are also often not fit-for-purpose to support the needs of children and young people and divert them out of the system for good. Punitive and incarceration-focused policies and practices directly undermine the key outcomes that governments are seeking to achieve through these policies, including to reduce recidivism and improve community safety. This report comes at a time when there has been significant youth justice reform across a number of states and territories in Australia, and a strengthened political imperative at the national level to raise the age of criminal responsibility and ameliorate the ongoing legacy of racial injustice. Right now, more than ever, there is also a heightened public consciousness that demands a new and better approach to youth justice. The report aims to highlight why child rights are important, how these rights are relevant across youth justice systems, where child rights are being undermined in youth justice today and where the greatest opportunities are for reform.

Save the Children - Australia: 2023. 109p.

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 Miroslava Chavez-Garcia

This unique analysis of the rise of the juvenile justice system from the nineteenth to twentieth centuries uses one of the harshest states—California—as a case study for examining racism in the treatment of incarcerated young people of color. Using rich new untapped archives, States of Delinquency is the first book to explore the experiences of young Mexican Americans, African Americans, and ethnic Euro-Americans in California correctional facilities including Whittier State School for Boys and the Preston School of Industry. Miroslava Chávez-García examines the ideologies and practices used by state institutions as they began to replace families and communities in punishing youth, and explores the application of science and pseudo-scientific research in the disproportionate classification of youths of color as degenerate. She also shows how these boys and girls, and their families, resisted increasingly harsh treatment and various kinds of abuse, including sterilization.

California. University of California Press. 2012. 292p.

By Emer Smyth and 

Merike Darmody

New research, published by the ESRI and produced in partnership with the Department of Children, Equality, Disability, Inclusion and Youth (DCEDIY), shows that schools are more important than neighbourhoods in influencing adolescent behaviour. Using data from the Growing Up in Ireland study, the findings show that most 17-year-olds have no behaviour difficulties and few consistently ‘act out’ at home, at school, and in the community.
 

Dublin: The Economic and Social Research Institute. 2021. 147p.