Summary
Highlights
Nearly 50,000 U.S. youth under 18 are confined in facilities, with two-thirds in correctional settings. While this number has decreased over the past 20 years, the U.S. still incarcerates more children than any other country. Sarah Hinger of the ACLU notes the disproportionate impact on youth of color and those with disabilities within the system.
The juvenile justice system, founded on the principle of rehabilitation, is failing. A 2012 Department of Justice report found that 71% of individuals arrested as minors were re-arrested within three years of release, climbing to 80% by year five. This high recidivism rate highlights the system's ineffectiveness in rehabilitating young offenders.
Incarceration significantly impacts an adolescent's education. A 2015 study revealed that one in three incarcerated youth needed special education services, and over half were behind in reading and math. Sarah Hinger explains the 'school-to-prison pipeline,' where school disciplinary actions funnel children into the justice system, disrupting their education and long-term success. Even temporary detention can lead to school suspensions or expulsions.
The negative effects of navigating the justice system extend beyond release. Formerly incarcerated individuals are twice as likely not to have a high school diploma, and their unemployment rate stands at 27%. Without 'youthful offender status,' which allows for a clean record, young people face significant challenges in the job market, limiting their ability to compete for skilled jobs.
Former New York State Supreme Court Justice Michael Corriero established The Manhattan Youth Part, a specialized court for 13-to-15-year-olds, to channel cases into alternative incarceration programs. This initiative focused on understanding adolescent behavior and fostering an interactive relationship with youth. The Youth Part aimed to rehabilitate children by connecting them with social services and avoiding punitive measures, becoming a model for youth-focused justice.
Corriero and Hinger emphasize that the dominant policy for prosecuting children should be rehabilitation, not punishment. Adolescents are undergoing cognitive development, making them capable of changing and maturing out of problematic behaviors. The goal should be to hold youth accountable outside the prison system to prevent negative impacts on education and reduce recidivism, recognizing their unique developmental needs.