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JUVENILE JUSTICE

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Looked after children and custody: a brief review of the relationship between care status and child incarceration and the implications for service provision

By Tim Bateman, Anne-Marie Day and John Pitts

Although there are some important limitations with the data, the available evidence demonstrates conclusively that children who are in the care of the local authority are consistently over-represented among those who come to the attention of the youth justice system. A similar disproportionality is also evident within the children’s custodial estate. While it appears that the relationship is long-standing, it has only recently become the focus of policy attention which has begun to explore some of the reasons for the patterns discernible in the figures (see, for example, Schofield et al, 2012: Laming, 2016). In particular, an independent review of the relationship between the care system and the criminal justice system, led by Lord Laming, commissioned an extensive exploration of the available literature that provides a useful baseline for future research (Staines, 2016). The current review aims to provide a context for research, funded by the Nuffield Foundation, that aims to identity the particular pathways of looked after children into, through and leaving custody and to establish in what ways, and to what extent, these might differ from those of children who do not have care experience. It does not accordingly aim to replicate the earlier work identified in the previous paragraph; instead the intention is to draw on previous reviews, and relevant additional material, through a lens that focuses on the existing evidence base as it relates specifically to the likelihood of children being incarcerated, to their subsequent custodial experience and to the provision of effective resettlement once they have been released.

Luton: University of Bedfordshire, 2018. 37p.

Substantiated Incidents of Sexual Victimization Reported by Juvenile Justice Authorities, 2013–2018

By Emily D. Buehler

This report describes substantiated incidents of youth sexual victimization perpetrated by youth or by staff in juvenile facilities. The report presents data on the incidents of sexual victimization, such as location and time of day. It also provides characteristics of the victims and perpetrators of the victimization. The report details services provided to the victim and consequences for the perpetrator. In part, it fulfills BJS’s mandates under the Prison Rape Elimination Act of 2003 (PREA; P.L. 108–79).

Highlights. During 2013–18: About 62% of youth-on-youth sexual victimization incidents occurred in an area under video surveillance in state juvenile systems, and 51% of incidents in local and private facilities occurred in an area under video surveillance. There were three times as many victims of abusive sexual contact (1,054) as victims of nonconsensual sexual acts (358). About 63% of victims and 73% of perpetrators of incidents of youth-on-youth sexual victimization were male. There were 657 victims and 511 perpetrators of staff-on-youth sexual victimization in juvenile justice facilities.

Washington DC: U.S. Department of Justice, Bureau of Justice Statistics, 2023. 33p.

Juveniles Incarcerated in U.S. Adult Jails and Prisons, 2002–2021

By Zhen Zeng, E. Ann Carson, and Rich Kluckow

Juveniles (persons age 17 or younger) arrested or convicted for a criminal offense may be housed in juvenile residential facilities or in adult jails and prisons, depending on state statute, judicial discretion, and federal law. This report details trends for juveniles who are held in adult facilities. Key Findings ƒ The number of juveniles incarcerated in all U.S. adult prisons or jails declined from a peak of 10,420 in 2008 to a low of 2,250 in 2021. In 2021, local jails had custody of 1,960 juveniles while state and federal adult prisons held 290. The percent of the total jail population who were juveniles declined from 0.9% in 2002 to 0.3% in 2021. The percent of the total prison population who were juveniles declined from 0.2% in 2002 to 0.02% in 2021. In 2021, 87% of juveniles in adult correctional facilities were held in local jails and 13% were held in prisons, compared to 66% in local jails and 34% in prisons in 2002, the earliest year for which comparable data are available for both populations

Just the Stats Series. Washington DC: Bureau of Justice Statistics, U.S. Department of Justice 2023. 5p.

Exploring Contextual Safeguarding in youth justice services

By Carlene Firmin, Hannah King, Molly Manister and Vanessa Bradbury

Contextual Safeguarding (CS) has developed as a safeguarding approach for practitioners to recognise contextual dynamics and children’s exposure to extra-familial harm (EFH). Within CS, practitioners (and the systems in which they work) assess neighbourhood, schools or peer groups to understand the contextual factors that are contributing to the harm and abuse of the young people who are associated with it. Interventions are then developed within the contexts where that harm has occurred, through relationships building, advocacy, training, policy and practical action, alongside support to the affected young people. Initially focused on and piloted within children’s social care, the approach has generated much interest from youth justice services (YJSs) across the country. It is evident that EFH crosses into YJS boundaries and collaborative work through the CS approach that is already underway within some local service areas across England. Safeguarding responsibilities are currently overseen by multi-agency Safeguarding Partnerships made up of three statutory partners – police, health and local authorities. These partners are free to arrange their local provision and to involve other agencies as they see fit. Probation and YJSs are frequently invited to attend and have a duty to cooperate.

Research & Analysis Bulletin 2023/02 . Manchester, UK: HM Inspectorate of Probation, 2023. 44p.

Juvenile Court Statistics 2020

By the National Center for Juvenile Justice

The National Center for Juvenile Justice has released "Juvenile Court Statistics 2020." This report describes delinquency and status offense cases handled between 2005 and 2020 by U.S. courts with jurisdiction over juvenile populations. National estimates are presented on 508,400 delinquency cases and 57,700 petitioned status offense cases handled in 2020. The report also tracks caseload trends from 2005 to 2020. Data include case counts and rates, juvenile demographics, and offenses charged. This report draws on data from the National Juvenile Court Data Archive, funded by the National Institute of Justice with support from OJJDP.

Pittsburgh, PA: National Center for Juvenile Justice, 2023. 114p.

Effective Alternatives to Youth Incarceration

By Richard Mendel

As The Sentencing Project documented in Why Youth Incarceration Fails: An Updated Review of the Evidence, compelling research proves that incarceration is not necessary or effective in the vast majority of delinquency cases. Rather, incarceration most often increases young people’s likelihood of returning to the justice system. Incarceration also damages young people’s future success in education and employment. Further, it exposes young people, many of whom are already traumatized, to abuse, and it contradicts the clear lessons of adolescent development research. These harms of incarceration are inflicted disproportionately on Black youth and other youth of color. Reversing America’s continuing overreliance on incarceration will require two sets of complementary reforms. First, it will require far greater use of effective alternative-to-incarceration programs for youth who have committed serious offenses and might otherwise face incarceration. Second, it will require extensive reforms to state and local youth justice systems, most of which continue to employ problematic policies and practices that can undermine the success of alternative programs and often lead to incarceration of youth who pose minimal risk to public safety. This report addresses the first challenge: What kinds of interventions can youth justice systems offer in lieu of incarceration for youth who pose a significant risk to public safety?1 Specifically, it identifies six program models that consistently produce better results than incarceration, and it details the essential characteristics required for any alternative-to-incarceration program – including homegrown programs developed by local justice system leaders and community partners – to reduce young people’s likelihood of reoffending and steer them to success.

Washington, DC: The Sentencing Project, 2023. 33p.

National Survey Results on Drug Use, 1975-2022: Secondary School Students

By Richard A. Miech, Lloyd D. Johnston, Megan E. Patrick, Patrick M. O'Malley, Jerald G. Bachman and John E. Schulenberg  

  Substance use is a leading cause of preventable morbidity and mortality; it is in large part why, among 17 high income nations, people in the U.S. have the highest probability of dying by age 50.  Substance use is also an important contributor to many social ills including domestic violence, violence more generally, theft, suicide, and more—and it typically is initiated during adolescence. It warrants our sustained attention. Monitoring the Future (MTF) is designed to give such attention to substance use among the nation’s youth and adults. It is an investigator-initiated study that originated with, and is conducted by, a team of research professors at the University of Michigan’s Institute for Social Research. Since its onset in 1975, MTF has been funded continuously by the National Institute on Drug Abuse—one of the National Institutes of Health—under a series of peer reviewed, competitive research grants. The 2022 survey, reported here, is the 48 th consecutive national survey of 12th grade students and the 32 nd national survey of 8 th and 10th grade students (who were added to the study in 1991). …

Ann Arbor, MI: Institute for Social Research, University of Michigan. 2023; 523p.

Reluctant Gangsters: Youth Gangs in Waltham Forest

By John Pitts

  This report, compiled between September 2006 and March 2007, brings together data from two surveys, 54 interviews with ‘key informants’: professionals, local residents and young people involved with, or affected by, youth gangs. Key informants are marked like this (KI.01) in the text to indicate the source of the information. However, the report also draws on the many insights I have gained from informal conversations at Waltham Forest YOT over the period. The interview and survey data is augmented by a literature review. Some of the material presented here is straightforward reportage, but some of it is more speculative, based on inferences or hunches drawn from what respondents have said or what I have read. So when, in the text, I write ‘it appears’ or ‘it is said’, I am drawing on hearsay and hunches or making an inference that seems plausible to me but is not necessarily a castiron fact. As such, these kinds of assertions or conclusions should be read with caution. In the interests of anonymity this report does not name the key informants; yet without them this study would have been impossible.

Cullompton UK:  Willan Publishing, 2008. 178p.  

The Monopoly of Peace: Gang Criminality and Political Elections in El Salvador

By Eleno Castro and Randy Kotti

Despite the growing body of qualitative evidence suggesting collusion between gangs and political parties in various parts of the world, little has been done to study quantitatively the extent to which criminal organization may affect political elections in such context. Using police data and voting results in El Salvador, we find that homicides in gang-controlled neighborhoods tend to decrease by 24 percent of the mean during electoral seasons. We also estimate that gang control is associated with a 2.75 percentage point increase in electoral participation. These effects are especially significant in the neighborhoods where political parties have a strong voting base. Consistent with the interviews we conducted, this suggests that parties negotiate with gangs to mobilize electoral participation in the areas where they are more likely to receive electoral support and thus increase their chances of winning. To conduct our analysis, we geolocated the homicides reported daily in the registry of the National Civil Police from 2005 to 2019 crossed with electoral results reported at the voting-center level across El Salvador. We exploit the sudden and exogenous decrease in criminality resulting from the 2012 truce between the government and the two main gangs in El Salvador to identify gang-controlled neighborhoods. We also use penitentiary data from the General Directorate of Prisons for robustness measures. 

Pre-publication, 2022. 51p.

Gangs, Labor Mobility and Development

By Nikita Melnikov, Carlos Schmidt-Padilla, and Maria Micaela Sviatschi   

We study how territorial control by criminal organizations affects economic development. We exploit a natural experiment in El Salvador, where the emergence of these criminal organizations was the consequence of an exogenous shift in American immigration policy that led to the deportation of gang leaders from the United States to El Salvador. Upon arrival, the gangs gained control over many urban areas and re-created a system of borders to protect their territory from outsiders. Using a spatial regression discontinuity design, we find that individuals in gang-controlled neighborhoods have less material well-being, income, and education than individuals living only 50 meters away but outside of gang territory. None of these discontinuities existed before the arrival of the gangs. A key mechanism behind the results is that gangs restrict individuals’ mobility, affecting their labor market options by preventing them from commuting to other parts of the city. The results are not determined by high rates of selective migration, differential exposure to extortion and violence, or differences in public goods provision.     

  NBER Working Paper No. 27832  

Cambridge, MA:; National Bureau of Economic Research, 2022. 123p.

Reluctant gangsters revisited: the evolution of gangs from postcodes to profits

By Andrew Whittaker, James Densley , Tirion Havard, Len Cheston , Tajae Tyrell , Martyn Higgins and Claire Felix-Baptiste.

  The aim of the current study was to understand how gangs have changed in the past ten years since Pitts’ (2008) study in the London Borough of Waltham Forest. The study undertook interviews with 21 practitioners working on gang-related issues and 10 young people affected by gangs or formerly embedded in them. Two focus groups involving 37 participants from key agencies then explored the preliminary findings and contributed to a conceptualisation of a new operating model of gangs. The study found that local gangs had evolved into more organized and profit-oriented entities than a decade earlier. The new operating model rejected visible signs of gang membership as “bad for business” because they attracted unwanted attention from law enforcement agencies. Faced with a saturated drugs market in London, gangs moved out to capture drugs markets in smaller UK towns in “county lines” activities. This more business-oriented ethos has changed the meaning of both territory and violence  While gang members in the original study described an emotional connection with their postcode, territory is increasingly regarded as a marketplace to be protected. Similarly, violence has moved from an expressive means of reinforcing gang identity to being increasingly used as an instrumental means of protecting business interests. The current study offers a rare opportunity to gain a picture of gangs at two time periods and contributes to work on the contested nature of UK gangs and renewed interest in gang evolution. These findings have important implications for local authorities and criminal justice agencies who need to address directly the profit motive of gang activity.  

European Journal on Criminal Policy and Research volume 26, pages. 1–22 (2020). 

No two gangs are alike: The digital divide in street gangs’ differential adaptations to social media

Byt Andrew Whittaker , James Densley and  Karin S. Moser 

Social media provide novel opportunities for street gangs to operate beyond their traditional borders to sell drugs, recruit members and control their territory, virtually and physically. Although social media have contributed to the means available to street gangs today, it does not mean that every gang agrees on their use. Drawing on different perspectives (ex-gang members, law enforcement) on gangs using a multi-method design in a London borough, the current study shows that social media have polarized gangs, resulting in two distinct types of digital adaptation. The proposed division of ‘digitalist’ and ‘traditionalist’ gangs is rooted in Thrasher’s (1927) dictum that no two gangs are alike and explains how some gangs prefer to keep a low profile, thus, avoiding social media use. ‘Digitalists’, by contrast, prefer to use social media as a way to gain reputation and territorial expansion. They use it to brand themselves and to appear attractive for recruits and customers alike. These differences can be theoretically explained firstly as a generational gap, meaning that younger gang members prefer the use of social media; and secondly, by how well established a gang already is, as newer gangs need more attention to establish themselves.
 Computers in Human Behavior Volume 110, September 2020, 106403

Neighbourhood Gangs, Crime Spillovers, and Teenage Motherhood


By Christian Dustmann, Mikkel Mertz and Anna Okatenko 

The effects of neighbourhood characteristics on the development of children and adolescents is a key area of research in the social sciences literature. Early papers such as Brooks-Gunn et al. (1993) document strong associations between children’s outcomes and the characteristics of the neighbourhoods they live in. More recent work finds evidence that the neighbourhood children grow up in a↵ects their earnings, college attendance, marriage, fertility (Chetty et al., 2016; Chetty and Hendren, 2018a,b; Chyn, 2018; Deutscher, 2020), and school performance (˚Aslund et al., 2011; Galster et al., 2016). One particular concern is the e↵ect of neighbourhood characteristics on adolescents’ criminal, delinquent, and health-compromising activities (for a review, see Leventhal and Brooks-Gunn (2000)), in particular the potential negative impacts of gangs, drugs and violence on children and young teenagers (Jencks and Mayer, 1990; Popkin et al., 2002). A small literature investigates the impact of exposure to crime on the criminal behaviour of young men and women, but little is known about which type of criminal activity in the neighbourhood may lead to spillovers, how this compares with the impact other neighbourhood characteristics have on later outcomes, how exposure to crime affects other dimensions of risky behaviour in particular for girls, and what the longer-term economic consequences of exposure to crime for males and females are….

Bonn: IZA  Institute of Labor Economics .2023. 76p.

Surviving Incarceration: The pathways of looked after and non-looked after children into, through and out of custody

By  Anne-Marie Day, Tim Bateman and John Pitts

  It is well documented that children in care – those looked-after by the local authority – are over-represented in the youth justice system.1 In recent years, the relationship between care and crime has begun to receive increasing academic and policy attention, culminating, in 2018, in the government publishing a national protocol to reduce unnecessary criminalisation of children in care and improve the criminal justice responses when they do enter the youth justice system. The use of child imprisonment has fallen dramatically over the past decade, but the experiences of children confined in the secure estate has worsened, leading to widespread acknowledgement that the incarceration of children is damaging and counterproductive and that existing provision is not fit for purpose. Looked-after children who come into contact with the justice system are seven times more likely to be detained than their non-care equivalents, but little is known about the factors leading to such over-representation or the differential experiences of children in care while in detention. This report bridges that evidence gap by considering the relationship between care and imprisonment. The research on which it draws, across the nine local authorities in the South and West Yorkshire Resettlement Consortium (SWYC) area, explored the pathways of looked-after children into, through and out of the custodial estate. A comparative approach allowed the identification of the extent to which those pathways differ for children in care and those who are not.

Bedminster, UK: University of Bedminster, 2020. 79p.

Peer Influence and Delinquency

By Jean Marie McGloin and Kyle J. Thomas 

Peer influence occupies an intriguing place in criminology. On the one hand, there is a long line of theorizing and empirical work highlighting it as a key causal process for delinquency. On the other, there is a group of theoretical skeptics who view it as one of the most notorious examples of a spurious link. After discussing these perspectives, this review takes stock of our intellectual advancements in understanding peer influence over decades’ worth of research toward this endeavor. We conclude that although there have been important gains, essential questions and gaps remain. Toward this aim, we offer some lines of future work that we believe offer pathways to yielding the greatest added value to the discipline. 

Annu. Rev. Criminol. 2019. 2:241–64 

Social Control Theory: The Legacy of Travis Hirschi’s Causes of Delinquency\

By Barbara J. Costello and John H. Laub

The publication of Travis Hirschi’s Causes of Delinquency in 1969 was a watershed moment in criminology. There are many reasons for the work’s lasting influence. Hirschi carefully examined the underlying assumptions of extant theories of crime in light of what was known about the individual-level correlates of offending. He then developed critical tests of hypotheses derived from social control theory and competing perspectives and empirically assessed them using original self-report delinquency data. Many of his key findings, such as the negative correlation between attachment to parents and delinquency, are now established facts that any explanation of crime must consider. Causes of Delinquency is still cited hundreds of times per year, and it continues to spark new research and theoretical development in the field. Perhaps the most lasting legacy is the volume of criticism it has attracted and fended off, leading to its enduring contribution to the study of crime and delinquency    

  Annu. Rev. Criminol. 2020. 3:21–41

Toward Targeted Interventions: Examining the Science Behind Interventions for Youth Who Offend

By Arielle Baskin-Sommers, Shou-An Chang, Suzanne Estrada, and Lena Chan

Youthful offending is a complex behavior that develops from an interaction between social experiences and individual differences in thinking patterns and emotional reactions favoring antisociality. The combination of factors associated with offending varies across individuals and influences the ways in which youth perceive, interpret, and respond to a wide range of experiences. Programs must consider the specific environmental (e.g., community), institutional (e.g., schools, parents, peers), and individual factors impacting youth as essential targets for intervention.We synthesize research on familyfocused, school-focused, peer- and community-focused, trauma-focused, cognitive-behavioral, and multisystem interventions in terms of their targets and note variability in their effectiveness. Furthermore, we highlight the continued need for developmentally appropriate interventions that accurately target the mechanisms of action, do no harm, are delivered with fidelity, and encourage active engagement by both interveners and youth. 

  Annu. Rev. Criminol. 2022. 5:345–69  

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Roper and Race: the Nature and Effects of Death Penalty Exclusions for Juveniles and the “Late Adolescent Class”

By Craig Haney ;· Frank R. Baumgartner; · Karen Steele3   

In Roper v. Simmons (2005), the US Supreme Court raised the minimum age at which someone could be subjected to capital punishment, ruling that no one under the age of 18 at the time of their crime could be sentenced to death. The present article discusses the legal context and rationale by which the Court established the current age-based limit on death penalty eligibility as well as the scientific basis for a recent American Psychological Association Resolution that recommended extending that limit to include members of the “late adolescent class” (i.e., persons from 18 to 20 years old). In addition, we present new data that address the little-discussed but important racial/ethnic implications of these age-based limits to capital punishment, both for the already established Roper exclusion and the APA-proposed exclusion for the late adolescent class. In fact, a much higher percentage of persons in the late adolescent class who were sentenced to death in the post-Roper era were non-White, suggesting that their age-based exclusion would help to remedy this problematic pattern. 

 Journal of Pediatric Neuropsychology (2022) 8:168–177

Making the Sentencing Case: Psychological and Neuroscientific Evidence for Expanding the Age of Youthful Offenders

By B.J. Casey, C. Simmons, L.H. Somerville, and A. Baskin-Sommers

Youthful offenders convicted of serious crimes continue to be sentenced to death and life without parole in the United States based on legal arguments that cast them as incorrigible and permanent dangers to society. Yet psychological and neuroscientific evidence contradicts these arguments and unequivocally demonstrates significant changes in brain, behavior, and personality throughout the life course, especially during adolescence as it extends into the early twenties. This article (a) clarifies the current state of the science on typical behavioral and brain development showing robust changes into the twenties; (b) demonstrates that behavior, personality, and psychopathic traits are dynamic and change over time; and (c) underscores that reliance on prior criminal behavior only to predict later recidivism is tenuous at best. Together, these scientific insights make a case for extending juvenile protections to youthful offenders sentenced for crimes committed in their teens and early twenties. 

Annu. Rev. Criminol. 2022. 5:321–43 

Juvenile Life Without Parole: An Overview

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.