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Posted: January 28th, 2023
Juvenile Justice System: Should It Be Eliminated?
The juvenile justice system is a legal framework that deals with minors who commit crimes or delinquent acts. The system aims to rehabilitate and reform young offenders, rather than punish them harshly like adults. However, the system has been criticized for being ineffective, unjust, and harmful to the development and well-being of children and adolescents. Some advocates have even called for the abolition of the juvenile justice system, arguing that it is a form of institutionalized violence and oppression that violates the human rights of young people. In this blog post, I will examine the arguments for and against the elimination of the juvenile justice system, and offer some possible alternatives.
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Arguments for Elimination
One of the main arguments for eliminating the juvenile justice system is that it fails to achieve its stated goals of rehabilitation and reintegration. According to a report by the Annie E. Casey Foundation, the recidivism rate for youth who are incarcerated in juvenile facilities is 76%, meaning that most of them reoffend within three years of release (Annie E. Casey Foundation 2018). Moreover, incarceration exposes youth to physical, sexual, and psychological abuse, as well as isolation, deprivation, and stigma, which can have lasting negative effects on their mental health, education, employment, and social relationships (Justice Policy Institute 2014). Incarceration also disrupts the natural process of adolescent development, which involves exploring identity, autonomy, and peer relationships (Steinberg 2009). By locking up young people in harsh and restrictive environments, the juvenile justice system deprives them of the opportunity to learn from their mistakes and grow into responsible and productive adults.
Another argument for eliminating the juvenile justice system is that it is inherently discriminatory and oppressive. The system disproportionately targets and harms youth of color, especially Black and Indigenous youth, who are more likely to be arrested, detained, tried as adults, and sentenced to longer terms than their white peers (The Sentencing Project 2020). The system also criminalizes youth who are poor, homeless, LGBTQ+, disabled, or otherwise marginalized, and fails to address the root causes of their involvement in delinquency, such as poverty, trauma, abuse, neglect, mental illness, substance use, and lack of access to education, health care, and social services (Alexander 2012). The system perpetuates a cycle of disadvantage and exclusion that traps young people in a pipeline from school to prison (Wald and Losen 2003).
Arguments Against Elimination
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One of the main arguments against eliminating the juvenile justice system is that it is necessary to protect public safety and hold young offenders accountable for their actions. Some crimes committed by minors are serious and violent, such as murder, rape, robbery, and assault, and pose a significant threat to the victims and the community. The system provides a way to deter and prevent such crimes by imposing sanctions and interventions that are proportional to the severity of the offense and the culpability of the offender. The system also aims to restore justice by repairing the harm caused by the crime, involving the victims and the community in the resolution process, and offering opportunities for reconciliation and forgiveness (Bazemore and Umbreit 2001).
Another argument against eliminating the juvenile justice system is that it offers some benefits and protections to young offenders that are not available in the adult criminal justice system. The system recognizes that minors are different from adults in terms of their cognitive, emotional, moral, and social development, and therefore have a greater capacity for change and rehabilitation (Graham v. Florida 2010). The system also provides some legal safeguards to ensure that minors are treated fairly and humanely, such as the right to counsel, the right to a speedy trial, the right to appeal, and the right to confidentiality (Scott and Steinberg 2008). The system also offers some specialized services and programs that are tailored to meet the needs and interests of young people, such as education, counseling, mentoring, vocational training,
and recreation (Lipsey et al. 2010).
Alternatives to Elimination
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Given the pros and cons of both sides of the debate, it may not be feasible or desirable to completely eliminate or maintain the juvenile justice system as it is. Instead,
some possible alternatives or reforms could be considered to improve the outcomes
and experiences of young people who come into contact with the law. Some examples
are:
- Diversion: This is a process that diverts eligible youth from formal court processing
and refers them to community-based programs or services that address their needs
and risks without imposing a criminal record (Wilson et al. 2018).
- Restorative justice: This is an approach that focuses on repairing the harm caused
by crime through dialogue and cooperation among the stakeholders: offenders,
victims, families, communities, and authorities (Zehr 2002).
- Positive youth development: This is a framework that emphasizes the strengths,
assets, and potential of young people, rather than their deficits, problems, and risks
(Lerner et al. 2005). It involves providing youth with supportive relationships,
meaningful opportunities, and positive experiences that foster their growth and
well-being.
- Abolitionist alternatives: These are radical proposals that envision a world without
prisons or punishment, and instead rely on mutual aid, solidarity, and collective
action to address the root causes of crime and violence, such as capitalism,
colonialism, racism, sexism, and other forms of oppression (Critical Resistance 2012).
Conclusion
The juvenile justice system is a complex and controversial topic that has no easy or
simple answer. There are valid arguments for and against its elimination, as well as
some possible alternatives or reforms that could be explored. Ultimately, the question
is not whether we should have a juvenile justice system or not, but what kind of
juvenile justice system we want to have: one that harms or helps young people; one
that excludes or includes them; one that oppresses or empowers them.
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References
Alexander, Michelle. 2012. The New Jim Crow: Mass Incarceration in the Age of Colorblindness. New York: The New Press.
Annie E. Casey Foundation. 2018. "Transforming Juvenile Probation: A Vision for Getting It Right." https://www.aecf.org/resources/transforming-juvenile-probation/.
Bazemore, Gordon, and Mark Umbreit. 2001. "A Comparison of Four Restorative Conferencing Models." Juvenile Justice Bulletin. https://www.ncjrs.gov/pdffiles1/ojjdp/184738.pdf.
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Critical Resistance. 2012. "Abolitionist Toolkit." http://criticalresistance.org/wp-content/uploads/2012/06/CR-Abolitionist-Toolkit-online.pdf.
Graham v. Florida, 560 U.S. 48 (2010).
Justice Policy Institute. 2014. "Sticker Shock: Calculating the Full Price Tag for Youth Incarceration." http://www.justicepolicy.org/uploads/justicepolicy/documents/sticker_shock_final_v2.pdf.
Lerner, Richard M., Jacqueline V. Lerner, Jason B. Almerigi, Christina Theokas, Erin Phelps,
Silvia Gestsdottir, Sophie Naudeau et al. 2005. "Positive Youth Development,
Participation in Community Youth Development Programs, and Community Contributions of Fifth-Grade Adolescents: Findings from the First Wave of the 4-H Study of Positive Youth Development." The Journal of Early Adolescence 25 (1): 17-71.
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Lipsey, Mark W., James C. Howell, Marion R. Kelly, Gabrielle Chapman, and Darin Carver.
2010. "Improving the Effectiveness of Juvenile Justice Programs: A New Perspective on Evidence-Based Practice." https://www.ncjrs.gov/pdffiles1/ojjdp/grants/251063.pdf.
Scott, Elizabeth S., and Laurence Steinberg. 2008. Rethinking Juvenile Justice.
Cambridge: Harvard University Press.
Steinberg, Laurence. 2009. "Adolescent Development and Juvenile Justice." Annual Review of Clinical Psychology
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