By Clarence Okoh

Public and private actors are turning to artificial intelligence (AI) and other big data technologies to engineer new futures for structural racism and social inequality in the United States, a phenomenon that the sociologist Ruha Benjamin has termed the “New Jim Code.”

These technologies are upending decades of civil and human rights legal standards, expanding mass criminalization, restricting access to social services, and enabling systemic discrimination in housing, employment, and health care, among other areas.3 The New Jim Code carries unique threats to youth and young adults of color, especially in the context of K-12 public schools.

In recent years, federal policymakers have taken steps to address the societal implications of AI and big data technologies, including the White House Blueprint for an AI Bill of Rights, President Biden’s Executive Order on Artificial Intelligence, and the U.S. Department of Education’s guidance on AI in schools. However, these efforts have largely failed to address the specific harms that these technologies raise for youth and young adults of color and youth from other historically marginalized communities.

As the infrastructure of police surveillance grows in public schools, communities must be prepared to safeguard the rights and freedoms of students and families. This report is designed to help youth justice advocates, youth leaders, educators, caregivers, and policymakers understand and challenge the impact of school surveillance, data criminalization, and police surveillance technologies in schools.

This report includes:

• An analysis of six key facts about the impacts of data criminalization and school surveillance technologies on education equity.

• A case study of an AI school surveillance technology that can land children in adult misdemeanor court.

• Key recommendations for education policymakers and school district leaders for advancing youth data justice.

Washington, DC:CLASP, 2024. 17p.

By Hannah Sutherland, Jessica Norton, Danielle Munguia, Trevor Fronius

Research on the factors that contribute to male gang involvement is extensive and varied. It includes studies of environmental, cultural, and social factors that increase the risks of gang involvement or lead to gang involvement, including how these factors vary by race and ethnicity. These factors are typically referred to as “push” and “pull” factors. Push factors are external to the gang (e.g., history of abuse, lack of parental support or supervision) and push an individual toward membership, and pull factors are internal to the gang (e.g., street credibility, protection, economic benefits) and draw an individual into membership. This paper extends the focus on push and pull factors by providing a systematic review of research from the past decade specific to female gang involvement. Until recently, research on the roles of females in gangs has been minimal because violence and gang membership have historically been thought to be male-dominated phenomena (Esbensen et al., 1999). Females have commonly been thought to be auxiliary members or nonactive members because of the roles they would stereotypically inherit or be placed into by male gang members. For example, initial research on the female roles within gangs was focused on narrow parameters regarding what constitutes an appropriate or even possible set of gang activities for girls and women (Coughlin & Venkatesh, 2003). These activities were usually based around sexual favors to their male counterparts, weapon concealing, drug carrying, and whatever else may be instructed to them by the dominant males. Furthermore, longitudinal research has not been conducted on the push and pull factors that attract females to gang involvement. Often this research has disregarded gender differences when observing push and pull factors by assuming factors were the same across genders. Additionally, insight into female gang involvement has often reflected male-gendered perspectives, suggesting a deficit model for gang affiliation and engagement (Deuchaur et al., 2020). However, some literature has provided fresh perspectives that argue that female gang affiliation is much more “agentic” than previously thought (Bandura, 2001). For instance, Moore and Hagedorn (2001, p. 3) found that gang membership can be viewed as an “assertion of independence” from familial, cultural, and class constraints. In this way, the gang lifestyle offers females empowerment and the prospect of individualism that counters previously reflected gendered perspectives that suggested a deficit model of gang affiliation and engagement (Deuchar et al., 2020). In a qualitative comparative study, Deuchar and colleagues (2020) compared female gang involvement in Los Angeles and Glasgow and found that the method of entry and point of entry into gangs were especially important to female respondents. Their entry determined not only how they were viewed, categorized, and perceived by their male counterparts but also how they were positioned within their own street gang hierarchy. This finding challenges the common assumption that females join gangs to be affiliated with male gangs. In fact, it could be argued that street gangs offer females a variety of reasons for joining—for some, gang affiliation is a way to escape from past experiences; for others, gang affiliation is a way in (i.e., past experiences have normalized gang involvement); and for others, gang affiliation may be a way of achieving social mobility and power (Deuchar et al., 2020). Although some factors may be similar for male and female gang involvement, others may be uniquely identified by expanding the research on female gang involvement. To start, numerous studies have demonstrated that females involved in gangs experience different forms of and more severe victimization than do their male counterparts (Klein & Maxson, 2006; Sutton, 2017; Valasik & Reid, 2019). For example, studies show that many female gang members experience an excessive amount of victimization early in life, even prior to joining a gang (Sutton, 2017). Female gang members often have a history of physical and sexual abuse at home by older male figures who are either family members or family friends (Valasik & Reid, 2019). This victimization is known to continue in various forms between female and male gang members upon joining a gang. Once they join a gang, females are at increased risk of being victimized, especially sexually, by older male counterparts in the gang (Valasik & Reid, 2019). They are also at increased risk of being forced by established female gang members to have sex with multiple male members (Gibson et al., 2012). This form of victimization is rarely experienced by male gang members and is uniquely identified in female gang members. Moreover, another stark gender difference between males and females is that females who experience a lack of family support are at increased risk of joining a gang to fulfill their desire of having an emotionally satisfying familial group, while males are typically seeking adventure and excitement in gang lifestyle and relationships (Valasik & Reid, 2019). Common gang-involved factors such as street status, protection, physical and sexual victimization, delinquency, lack of parental monitoring or support, and a craving for an emotionally satisfying familial peer group are only a few mentioned factors that are not completely generalizable across genders (De La Rue & Espelage, 2014; Deschenes & Esbensen, 1999; Deuchar et al., 2020; Esbensen et al., 1999; Gold, 2000; Simon et al., 2013). In his early research, Gold explored power and status as prominent pull factors due to the significant number of females who join gangs because of limited opportunities in their homes and communities that in turn push them toward gang involvement. His research around female gang involvement showed that roles for female gang members have expanded, and they are no longer viewed as just sexual objects or the girlfriends of male gang members; they have gained their own gang autonomy and control (Gold, 2000). In addition, Gold (2000) researched the ways in which peer relationships among females are fostered in gangs and how such relationships influence their decision to join, stay, and pressure other peers to conduct delinquent activities. Some scholars suggest that females can perceive gangs and gang life as a source of empowerment. According to Gold (2000), many females perceived the gang as a place where they could gain some power and control over their lives. Relatedly, Curry (1998) has suggested that it is important to develop a feminist perspective in order to formulate more useful observations and theories about female gang involvement that counter the initial, hegemonic, male-centered view of gang lifestyle. In other words, a feminist perspective could limit the generalizations made about factors that influence females to join gangs and facilitate a greater inclusion of relevant environmental, cultural, and social factors that promote female gang involvement. The sections that follow describe why and how a systematic review of relevant literature was conducted and then provide a synthesis of the quantitative empirical literature on push and pull factors that influence females to join gangs and on collateral involvement in sex trafficking.

Boston: Massachusetts Executive Office of Health and Human Services, Office of Children, Youth and Families. 2024; 32p.

By Delfina Bilello, Lucy J. Swancott, Juliane A. Kloess, Stephanie Burnett Heyes

Introduction: Gang involvement poses serious risks to young people, including antisocial and criminal behavior, sexual and criminal exploitation, and mental health problems. There is a need for research-informed development of preventive interventions. To this end, we conducted a qualitative study of young people’s responses to an educational virtual reality (VR) experience of an encounter with a gang, to understand young people’s decisions, emotions and consequences. 

Methods: Young people (N = 24 aged 13-15, 11 female, 13 male) underwent the VR experience followed by semi-structured focus group discussions. Questions focused on virtual decision-making (motivations, thoughts, feelings, consequences) and user experiences of taking part. Data were analysed using Thematic Analysis. 

Results: Three themes were developed to represent how participants’ perceptions of the gang, themselves, and the context influenced virtual decisions. Social pressure from the gang competed with participants’ wish to stand by their morals and establish individual identity. The VR setting, through its escalating events and plausible characters, created an “illusion of reality” and sense of authentic decisions and emotions, yielding insights for real-life in a safe, virtual environment. 

Discussion: Findings shed light on processes influencing adolescent decision-making in a virtual context of risk-taking, peer pressure and contact with a gang. Particularly, they highlight the potential for using VR in interventions with young people, given its engaging and realistic nature.

Front. Virtual Real., 16 July 2023

By Andrew McGrath, Alison Gerard, and Emma Colvin

The current study examines the factors underlying pathways from out-of-home care into the criminal justice system. Using a multi-method approach—specifically, court observations, file reviews, and qualitative interviews—we found evidence of how histories of trauma and situational factors relating to the care environment interact to increase criminalization. While many policy initiatives have been developed to address this criminalization, in all parts of our study we found little evidence these are having an impact on practice in relation to care-experienced children. Some innovations we observed in our United Kingdom case study offer potential solutions to address this serious and ongoing problem.

Trends & issues in crime and criminal justice no. 600. Canberra: Australian Institute of Criminology. 2020. 14p.

By William D. Murphy, and Jacqueline Page

Nationally and internationally there has been a heightened awareness and response to the commercial sexual exploitation of children (CSEC)/domestic sex trafficking of children. CSEC “refers to a range of crimes and activities involving the sexual abuse or exploitation of a child for the financial benefit of any person or in exchange for anything of value (including monetary and non-monetary benefits) given or received by any person” (Development Service Group, Inc., 2014). Within the United States, the response has included both federal and state governments’ recognition and efforts to address the issue. Many view the Victims of Trafficking and Violence Protection Act of 2000 (TVPA) as a turning point in formal, organized recognition of the gravity of the issues of sex trafficking including minors. Efforts to combat and prevent CSEC and develop resources to meet the needs of victims of CSEC have continued. The PROTECT Our Children Act of 2008 required the Attorney General to develop and implement a National Strategy for Child Exploitation Prevention and Interdiction (National Strategy). The first report was published in 2010 and was updated in 2016. Each report included a National Child Exploitation Threat Assessment and identified how the federal government and its partners can address the issue of child exploitation. The 2016 report focused on changes to the child sexual exploitation threat since 2010 and examined potential threats for the next five years. In addition, the Office of Justice Programs (OJP), has provided significant funding to both combat human trafficking and assist in essential services being available to victims of trafficking. As a part of this funding, the Office for Juvenile Organizations provides mentoring services for children and youth who are victims of domestic sex trafficking or commercial sexual exploitation and projects focused on preventing the sex trafficking of girls. The National Judicial Institute on Domestic Child Sex Trafficking was created by the National Council of Juvenile and Family Court Judges with the goals of helping judicial officers understand the dynamics involved in child sex trafficking, examining legal considerations for victims, and connecting children at risk of, or who have been trafficked, to needed services. The Tennessee Bureau of Investigation launched a public awareness campaign in 2014 aimed at educating residents of Tennessee about human trafficking and what they could do to help end trafficking. The Tennessee Department of Children’s Services’ provides a webpage about the commercial sexual exploitation of minors which includes links to resources and information from different organizations. Despite the increased focus and efforts, commercial sexual exploitation of children and domestic sex trafficking continue to be a serious issue impacting our children and youth. Research related to CSEC is ongoing and is important to our understanding of the issue and its impact. The research is also instrumental in developing strategies to prevent the sexual exploitation of children and youth, identifying needed services, and developing appropriate treatment frameworks and modalities for victims of CSEC. There continues to be significant discussion about how we as adults, professionals, and as a society can best help and support the children and youth at risk of or impacted by CSEC. The purpose of this document is to 1) provide a review of the research related to what is currently known about the experiences of children and youth who are commercial sex exploited, 2) discuss possible factors impacting the child/youth’s exit from the sexual exploitation situation and 3) examine what is known about how to best help victims of commercial sexual exploitation including identifying their needs, appropriate approaches and possible interventions.  

Tennessee Joint Task Force for Children’s Justice and Child Sexual Abuse Treatment Committee  2021. 54p.

By The Global Initiative Against Transnational Organized Crime’s Observatory of Illicit Economies in South Eastern Europe (SEE-Obs)  

The Western Balkan Six (WB6) has historically not been at the center of attention and research investigating commercial sexual exploitation of children (CSEC). Despite a growing body of literature on human trafficking in southeastern Europe generally, there is little data on CSEC specifically. Information is rarely reported by local media, also because the patriarchal and traditional structure of societies in the Western Balkans fuels a widespread belief that sexual exploitation of children either does not exist or is an exception rather than the rule. Very few reports have therefore previously looked at the WB6’s role, its vulnerabilities, and its contribution to the CSEC phenomenon in a comprehensive way. At the same time as CSEC is gaining attention globally, societies and institutions in the Western Balkans continue to have low levels of awareness and capacity to take on the phenomenon. CSEC manifests itself in several interconnected forms in the WB6, including in the sex trafficking of minors, exploitation of children in travel and tourism, early and forced marriage, and sexual exploitation in venues such as brothels, bars, and strip clubs. It is also reflected in the creation and distribution of child sexual abuse materials (CSAM) online, including but not limited to the recording, live-streaming, sharing, and downloading of materials depicting minors being sexually exploited. There are also several overlaps between CSEC and other forms of exploitation, including labor exploitation (e.g., begging). Even before the COVID-19 pandemic hit the WB6, the region was recording an increasing number of CSEC cases. Given the lack of research and court data that could serve as a basis for analysis, there is no common profile of perpetrators involved in CSEC in the region. It seems that perpetrators are operating across the region without much scrutiny, facilitated by digital technologies and networks, the rise in tourism, and widespread weaknesses in the child protection system. Criminal actors also take advantage of the region’s socio-economic vulnerabilities and endemic marginalization, making various ethnic minorities even more vulnerable. This report assesses children’s vulnerability to CSEC across the WB6 and focuses specifically on online sexual exploitation of children and sexual exploitation of children in travel and tourism (SECTT). It also provides an overview of what law enforcement authorities, private companies, and civil society organizations are doing – and what they are not doing – to respond to, combat, and prevent the various manifestations of CSEC.

Geneva: SWIT: The Initiative, 2021. 96p.

By Aysegul Kayaoglu

A child laborer makes a most casual sight in Istanbul. In many sectors from construction to textiles, Turkey's business capital is where thousands of children go to work on any day. In this huge metropolis of over 15 million residents, child labor has long been a given. However, is it also inescapable? Are children hopelessly destined for abusive work here forever? This report is the product of a meticulous study conducted by a group of researchers who believe otherwise. They aimed to paint a comprehensive picture of the urban child labor in Istanbul with all its push and pull factors accurately identified for both girls and boys. They went door to door to meet all stakeholders -- children, parents, employers, teachers, elected officials, and experts as well as workers at public agencies and not-for-profit organizations. This summary report pertains to the specific case of Syrian refugee children as well as those of the low-income host community and the extremely impoverished Roma people. There, readers will not only see critical statistics and insights deduced from the interviews but also hear members of those study groups speak for themselves and discuss their experiences, perceptions, hopes, and fears. What follows is a long list of findings and recommendations that could be useful in actual policymaking and implementation.

London: Save the Children International, 2021. 63p.

By The Campaign for the Fair Sentencing of Youth (CFSY)

For over 12 years, hundreds of individuals serving juvenile life without parole (JLWOP) have not received a second look at their sentences despite mandates from the United States Supreme Court limiting the practice and requiring new sentencing procedures for youth. Twenty-two states still legally allow JLWOP and what's worse, certain outlier states are increasing their incarcerated populations of children serving the sentence. These concerns become even more alarming when contextualized in the broader picture. As outlined in this report, the imposition of juvenile life without parole is not only becoming increasingly unusual nationally but also more unequal. In the past 12 years, we've seen an overall 85% decrease in the population of those serving these sentences, while the number of states banning JLWOP has increased by over 800%. However, despite these positive shifts, the percentage of Black children serving juvenile life without parole has risen significantly – from 60% historically to nearly 80% today. The continued legality of life without parole for youth also further enables the legal system to sentence children to other extreme terms. For instance, JLWOP sentences can be used as bargaining chips in plea deals, resulting in children receiving lengthy terms of years or de facto life sentences with minimal chance of parole. Furthermore, in a context where JLWOP is an option, sentencing a child to 20 years may be more accepted despite the fact that this exceeds the maximum sentence for adults in many countries around the world. As this report details, the use of JLWOP is increasingly unusual and increasingly unequal. And when contextualized in these trends, its persistence in outlier states is exceedingly unacceptable. The more unusual and unequal it is to sentence a child to life without parole nationally; the worse outlier states fare when held up to globally accepted standards of decency for our youth. Taken together, the need to address the unfinished business of ending juvenile life without parole is urgent. 

Washington, DC: CFSY, 2024. 13p

By Michael Welner, Matthew DeLisi, Heather M. Knous-Westfall, Carolyn C. Meltzer & James D. Seward 

In 2012, the United States Supreme Court struck down existing legislative statutes mandating life without parole sentencing of convicted homicide offenders under age 18. The Court’s core rationale credited research on brain development that concludes that juveniles are biologically less capable of complex decision-making and impulse control, driven by external influences, and more likely to change. Closer scrutiny of the research cited in the defendants’ amicus brief; however, reveals it to be inherently flawed because it did not include relevant populations, such as violent offenders; utilized hypothetical scenarios or games to approximate decision-making; ignored research on recidivism risk; made untenable leaps in their interpretation of relevance to the study of homicide, and failed to include contradictory evidence, even from the brief’s authors. In forensic assessment, a blanket assumption of immaturity based on a homicide offender’s age is not appropriate, as research has demonstrated that in relevant respects, older adolescents can be just as mature as adults. An individualized and thorough assessment of each juvenile offender, including an analysis of personal history, behavioral evidence such as pre-, during, and post-crime behavior and testing data more accurately informs questions of immaturity and prognosis in juvenile violent offenders.

American Journal of Criminal Justice (2023) 48:1157–1182

By The Centers for Disease Control and Prevention

Key findings

• In 2023, female students and LGBTQ+ students experienced more violence, signs of poor mental health, and suicidal thoughts and behaviors than their male cisgender and heterosexual peers.

• From 2021 to 2023, there were early signs that adolescent mental health is getting better. There were also concerning increases in students' experiences of violence at school.

• From 2013 to 2023, 10-year trends were similar to what data showed in 2021. There were decreases in students' use of substances. There were increases in students' experiences of violence, signs of poor mental health, and suicidal thoughts and behaviors. Students' sexual activity decreased, but so did their protective sexual behaviors, like condom use.

Washington, DC: U.S. Department of Health and Human Services; 2024.

By Janne Kivivuori

This book presents a history of the self-report crime survey as a method of criminological inquiry, describing how it was born within a distinct moral framework by pioneers out to show that crime was very prevalent and, therefore, normal. It recounts how, during the 1930s and 1940s, a handful of U.S. criminologists discovered the method of the self-report delinquency survey — a method used to ask people directly about their crimes. Previously, criminologists had to rely on official statistics produced by the police and other control authorities; their studies were therefore constrained by the ‘official control barrier’, which perpetuated the notion that crime was linked to the lowest social strata and/or to psychological abnormality. By confronting the domination of psychiatrists and psychologists in the study of crime, criminologists began to challenge the punitive attitudes of society; thus, exposing the so-called white-collar offenders and alerting people to see crime as something that could also be found among the middle and upper classes. Expounding both the history of that discovery and its implications for criminological work, past and present, this book offers a perspective on how criminology has developed, and how it continues to advance amid the twin pressures of facts and policy goals.

Oxford, UK: New York: Oxford University Press, 2011.

By Madeline Rolfe and Sarah Hibbert

Crest Advisory was commissioned by the Youth Endowment Fund to conduct research on serious youth violence and vulnerability in England and Wales. The research was in three parts: an analysis of national indicators of serious violence and vulnerability; a survey of over 2,000 children and young people across England and Wales; and engagement with vulnerable young people in contact with a Youth Offending Service (YOS), and their support workers. This report focuses on our engagement with vulnerable young people in contact with a YOS and their support workers. To conduct the research we reviewed and collected qualitative and quantitative information on the young people. By reviewing these data sources in tandem, we were able to look beyond the statistics to better understand how vulnerability and violence affects young people.

• vulnerable to exploitation. In reviewing the life stories of the young people in contact with the YOS, we found a connection between a lack of these protective factors and proximity to violence.

• One of the most powerful tools to engage vulnerable young people is establishing trusted relationships. When young people feel that they are listened to and understood, they are more likely to engage with support services and interventions. The life stories of the young people we engaged with highlighted the importance of trusted relationships. For Dominic, whose life story is outlined below, having a dedicated YOS worker who regularly checked in with him helped to reduce his offending.
  

London: Crest Advisory, 2023. 40p.

By Colleen Sbeglia, Cortney Simmons, Grace Icenogle, Marsha Levick, Monica Peniche, Jordan Beardslee, Elizabeth Cauffman

In Miller v. Alabama (2012), the Supreme Court abolished mandatory juvenile life without parole (JLWOP) sentences and subsequently decided that the ruling applied retroactively (Montgomery v. Louisiana, 2016), effectively rendering thousands of inmates eligible for resentencing and potential release from prison. In its decisions, the Court cited developmental science, noting that youth, by virtue of their transient immaturity, are less culpable and more amenable to rehabilitation relative to their adult counterparts. Specifically, the Court notes adolescents' propensity for impulsive action, sensitivity to social influence, and difficulty understanding long-term consequences. Even so, these rulings raised concerns regarding the consequences of releasing prisoners who had committed heinous crimes as juveniles. Several years after the Court's decision, preliminary data are now available to shed light on rates of recidivism among those released. The current paper comprises three goals. First, we discuss the science of adolescent development and how it intersects with legal practice, contextualizing the Court's decision. Second, we present recidivism data from a sample of individuals formerly sentenced to JLWOP in Pennsylvania who were resentenced and released under Miller and Montgomery (N = 287). Results indicate that 15 individuals received new criminal charges up to 7 years postrelease (5.2%), the majority of which were nonviolent offenses. This low rate of recidivism is consistent with the developmental science documenting compromised decision-making during the adolescent years, followed by desistance from criminal behavior in adulthood. Lastly, we discuss the importance of interdisciplinary collaborations between researchers and legal practitioners, as well as critical future avenues of research in this area.

Journal of Research on Adolescence, 00, 1–11. 2024.  

By the Vera Institute of Justice and Young Women’s Freedom Center

This report is the product of a two-year, multidisciplinary, mixed methods study by Young Women’s Freedom Center (YWFC) and the Vera Institute of Justice (Vera). The work leading to this report was a community-based research project that included outreach, quantitative data collection, collaborative analysis, and original qualitative data collection in the form of interviews with 50 system-involved women, girls, and gender-expansive young people across the state. The report offers policymakers, funders, advocates, and communities the data and evidence they need to understand the scope of girls’ incarceration in California. The report › provides background on the history and context of girls’ incarceration, › lays out the key findings from quantitative and qualitative analyses, and › provides a roadmap of how communities and state leaders can work together to end the incarceration and criminalization of girls and gender-expansive youth. This analysis shows that it is possible for every county in California to end girls’ incarceration with bold and decisive action.

New York: Vera Institute of Justice, 2024. 89p.

By Ashley Nellis and Devyn Brown

A wave of reforms since 2010 has changed the trajectory of punishment for young people by substantially limiting the use of juvenile life without parole (JLWOP) sentences. At the sentence’s height of prominence in 2012, more than 2,900 people were serving JLWOP, which provided no avenue for review or release. Since reforms began, most sentence recipients have at least been afforded meaningful opportunity for a parole or sentence review. More than 1,000 have come home. This progress is remarkable, yet thousands more who have been sentenced to similarly extreme punishments as youth have not been awarded the same opportunity. Our analysis shows that in 2020, prisons held over 8,600 people sentenced for crimes committed when they were under 18 who were serving either life with the possibility of parole (LWP) or “virtual” life sentences of 50 years or longer. This brief argues for extending the sentencing relief available in JLWOP cases to those serving other forms of life imprisonment for crimes committed in their youth. In addition, The Sentencing Project has estimated that nearly two in five people sentenced to life without parole (LWOP) were 25 or younger at the time of their crime. These emerging adults, too, deserve a meaningful opportunity for a second look because their developmental similarities with younger people reduce their culpability in criminal conduct. The evidence provided in this brief supports bold reforms for youth and emerging adults sentenced to extreme punishments.

Washington, DC: The Sentencing Project, 2024. 10p.

By Megan Davis and Craig Wright

This report summarises previously published insights from the Social Wellbeing Agency’s work assisting the New Zealand Government's response to youth crime. The report looks at wellbeing factors that are highly correlated to offending behaviour in young people and outlines ways that policymakers can reduce crime by targeting better support to young people and their families.

The report finds that the greater the exposure of young people to hardship and disadvantage, the more likely they are to offend. The authors conclude that public services are not providing enduring solutions for young people with high needs and that many solutions to youth crime lie in better support to families, whānau and communities.

Key findings

• Young people who are most likely to offend include those who have (in order of impact):

  • exposure to family violence and contact with Oranga Tamariki (NZ Ministry for Children)

  • experience of poverty

  • and parent(s) who have an alcohol or other drug issue, a mental health issue, and/or contact with Corrections.

• Over three-quarters of youth crime in Aotearoa New Zealand is committed by the 10% of young people who have greatest exposure to experiences of hardship and disadvantage.

• Most factors correlated to offending behaviour by young people reflect the characteristics of their environment (their families and communities). This suggests solutions to youth offending should consider family and community wellbeing.

• Over 60% of young people in the highest needs group first came to the attention of a government agency for a relatively serious issue by age 5.

• Young offenders are concentrated in areas of higher deprivation.

• Repeated referrals to the social system suggest that current approaches are not addressing their underlying needs to stop their offending or prevent resulting harm to communities.

Supports that are shown to help prevent youth crime

• Early intervention and prevention programmes that aim to identify and support young people and their families, whānau and communities before they engage in criminal behaviour

• Positive youth development programmes that focus on building the social and emotional skills, resilience, and positive relationships of young people

• Restorative justice – an approach that aims to repair the harm caused by crime by involving victims, offenders, and the community in the process of addressing the harm caused by offending behaviour

• High levels of collaboration between and among government agencies, community organisations and Iwi to ensure the right services are provided in the right way at the right time

• Providing positive education and employment opportunities to young people – including giving them a sense of purpose and a confident future outlook.

Social Wellbeing Agency (New Zealand), 2023. 12p.

By Alliance for Youth Justice, et al.

The establishment of a distinct secure estate for children has been government policy for nearly 25 years. This endeavor began with the transfer of commissioning and oversight of children’s custodial institutions to the Youth Justice Board (YJB) in 2000, and the coming into force of the prison service policy ‘Regimes for prisoners under 18 years old’ in the summer 1999.[1] In September 2017, the Youth Custody Service in the Ministry of Justice was established “as a distinct part of HM Prison and Probation Service” and YJB’s responsibility for child prisons was duly moved across.[2] Over the past 25 years, the number of children in custody at any one time has decreased significantly – from 3,000 at its high point in the early 2000s to under 450 today.[3] However the majority of children are still detained in institutions whose history, culture, and practices originate and in many respects replicate the confinement and punishment of adults. Only 19% of children in custody today are living in secure childcare establishments; the remainder are in prisons.[vii] Moreover, despite successive promises of transformation, children in prison continue to experience significant harm and neglect.[4] Within the overarching, recurring policy goal of transformation, there have been consistent, discrete government and YJB pledges focused on individual aspects of children’s safety and welfare. We have selected 10 pledges for review and analysis: Children will be kept safe Children’s relationships with their loved ones will be supported Looked after children will have their needs met, and their rights fulfilled Solitary confinement will not be used for children Restraint will only ever be used on children as a last resort. Pain-inducing techniques will be reserved for extremely grave incidents Children will have at least 30 hours of education and purposeful activity a week Meals will meet the needs of growing children, and mealtimes will be a social activity All staff will be properly vetted, trained, and supported to enable them to carry out skilled work with children who have multiple needs Children will receive the help and support they need whilst in custody, so they can thrive once they return to the community YOIs and STCs will be permanently closed  

London: Alliance for Youth Justice, 2024. 40p.

By Karen Freeman and Neil Donnelly

The NSW Bureau of Crime Statistics and Research (BOCSAR) has released a new paper examining interactions between young people aged 10 to 13 years and the NSW criminal justice system. The study finds that most 10- to 13-year-old children who appear in court are from a disadvantaged background, have been a victim of violence, have had significant contact with the child protection system, and have a parent with a history of offending. Aboriginal children and children living in regional and remote NSW are disproportionately affected.

In terms of their criminal justice pathway, the study found that:

• Most young people aged 10 to 13 years are dealt with under the Young Offenders Act which aims to divert young people from the court system were possible. In 2023, NSW Police commenced 4,662 legal proceedings against young people aged 10 to 13 years; two-thirds (63) were formal court diversions.

• Of the 719 criminal court appearances finalised in 2023 involving defendants aged 10 to 13 years, only 20% resulted in a proven outcome; half (53%) had all charges withdrawn and a quarter (25%) had a not-guilty finding. Even where an offence was proven, half (50%) resulted in a court ordered caution or youth justice conference. 

• There were 171 distinct young people aged 10 to 13 years who had an episode of youth detention in 2023. These young people all entered detention on remand, and three quarters (74%) of detention episodes were for 24 hours or less.

PARRAMATTA NSW, The NSW Bureau of Crime Statistics and Research (BOCSAR) , 2024. 23p.

By Angela M. Collins and Maisha Cooper

This paper discusses how juvenile waiver policies may be leading to a reduction in the rehabilitative nature of the juvenile justice system. The first section discusses the value of the juvenile justice system. Here, the beginning of the juvenile justice system and why the juvenile justice system is important will be summarized. The second section explains the movement that is being made toward a more punitive approach in regard to juvenile delinquents and how this could lead to the erosion of the juvenile justice system. Next is a discussion of how waivers play a part in the erosion and how their continued use could prove very dangerous for the juvenile justice system. The next section will look at the implications of the erosion and what could potentially happen if we lost the juvenile system. Last, there will be a glance at possibilities for the future, along with suggestions on how to improve the use of waivers. Overall, this paper will show that the use of juvenile waivers may be leading the United States away from a rehabilitative system for juveniles to a smaller version of an adult criminal court. 

• July 2024

• Social Sciences 13(7):367

 By Sarah Anderson, Lisel Petis and Jillian Snider

Over the past few decades, juvenile crime (i.e., “delinquency”), arrests and confinement have begun to decline—a trend that directly correlates with states and localities moving away from overly punitive, “tough on crime” juvenile policies and toward diversion initiatives aimed at limiting juvenile interaction with the justice system. Between 1996 and 2019, juvenile arrests declined by 74 percent, and between 1995 and 2019, juvenile incarceration dropped by 70 percent with no corresponding uptick in overall or violent juvenile crime.

Research on crime, adolescent brain development and behavior has demonstrated that arrest, detention and juvenile court adjudication and incarceration tend to increase delinquent youths’ risk of recidivism, negatively impacting psychosocial development and maturation into healthy, productive adulthood. In response, many communities are using diversion for low-risk juvenile offenders in place of formally processing youth through the juvenile court system. This allows juveniles to avoid the trauma and stigma of juvenile proceedings; avoid the burden of delinquency records that impede future educational and employment opportunities; and benefit from rehabilitation and accountability.

Of the many juvenile diversion models in use, pre-arrest diversion led by law enforcement—often referred to as deflection—has received comparatively little attention. This study works to fill that gap by assessing juvenile arrest rates and deflection efforts for all 50 states and providing a state-by-state overview and comparison of deflection programs

R Street Policy Study No. 263

Washington, DC: R Street, 2022. 23p.