Reforming Juvenile Justice A Developmental Approach (2013) / Chapter Skim
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Pages 1-14
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From page 1... ...
asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The committee's charge was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.
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Adolescent risk taking and delinquent behavior result from the interaction between the normal developmental attributes of adolescents described above and the environmental influences to which they are exposed before and during this stage of development. Put simply, the brain plays an enormous role in determining behavior, but individual development is affected strongly by the interplay between the brain and an adolescent's environment.
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For many youth, the lack of a positive social context during this important developmental period is further compounded by collateral consequences of justice system involvement, such as the public release of juvenile records that follow them throughout their lives and limit future educational and employment opportunities. Economically disadvantaged and minority youth are particularly affected by a juvenile justice system in which they are disproportionately represented.
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This evidence is summarized below, and guiding principles for implementing a developmentally informed approach to juvenile justice reform are set forth in Box S-1. Accountability Holding adolescents accountable for their offending vindicates the just expectation of society that responsible offenders will be answerable for wrongdoing, particularly for conduct that causes harm to identifiable victims, and that corrective action will be taken.
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A developmentally informed juvenile justice system can promote accountability by providing a setting and an opportunity for juveniles to accept responsibility for their actions, make amends to individual victims and the community for any harm caused, and to participate in community service or other kinds of programs. Restorative justice programs involving victims and adjudication programs that involve restitution and peers are examples of developmentally appropriate instruments of accountability.
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Whether conducted in institutions or in communities, programs are more likely to have a positive impact when they focus on high-risk offenders, connect sound risk/needs assessment with the treatment approach taken, use a clearly specific program rooted in a theory of how adolescents change and tailored to the particular offender, demonstrate program integrity, involve the adolescent's family, and take into account community context. Expanding the role of families in juvenile justice appears to be a critical challenge, and additional research regarding the processes of family involvement in juvenile justice and methods for successfully involving parents in these processes are urgently needed.
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Activities that have shown some promise for reducing disparities include using periodic public reports as a tool for heightening awareness and promoting accountability of state and local governments, modifying policies and practices that tend to disadvantage minority youth, concentrating efforts to reduce or structure discretionary decision making at the arrest and detention stages, eliminating punitive and discretionary school discipline practices likely to result in a referral to the juvenile justice system, and initiating a comprehensive research and data program on the causes and consequences of racial/ethnic disparities.
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would not be a crime if committed by an adult reflects the principle that youth who are not a risk to society or themselves should not be detained or removed from existing support systems; the requirements of "sight and sound separation" from adults and removal from adult jails reflect the idea that youth are vulnerable and should not be subject to punitive and potentially harmful conditions of incarceration; and the obligation to address racial disparities reflects the principle that youth should be treated fairly and equitably as a matter of justice. Congress envisioned a strong partnership between the federal government, state juvenile justice agencies, and tribal governments as well as a strong leadership role for OJJDP.
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Political Commitment to Reform by State, Local, and Tribal Governments Given the current fiscal realities regarding the role of OJJDP and the role of the federal government in general, the immediate momentum for change will need to come from state, local, and tribal governments. Numerous state and local jurisdictions appear to be making progress toward more developmentally appropriate juvenile justice policies and practices.
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• Avoid collateral consequences of adjudication, such as public release of juvenile records, that reduce opportunities for a success ful transition to a prosocial adult life. Preventing Reoffending • Use structured risk/needs assessment instruments to identify low risk youth who can be handled less formally in community-based wide reform efforts as well as individual programs should have clearly stated goals and objectives that can be measured scientifically, either on an individual site basis or across many sites.
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• Establish and implement evidence-based measures for fairness based on both legal criteria and perceptions of youth, families, and other participants. pices of the governor, the legislature, or the highest state court, charged with designing and overseeing a long-term process of juvenile justice reform.
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From page 12... ...
Strong Supporting Role for OJJDP The policies and principles reflected in OJJDP's legislation are now buttressed by a strong body of scientific knowledge regarding adolescent development as well as an impressive array of research on juvenile offending. Strengthening the legislation will send a strong message regarding the need for state, local, and tribal jurisdictions to assume greater responsibility for complying with the requirements and achieving a developmentally appropriate juvenile justice system.
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From page 13... ...
; support efforts to design and implement programs and policies aiming to reduce disparities; support scientifically valid methods for understanding the causes of racial/ethnic disparities and for evaluating the impact of DMC interventions; and enhance the transparency of its oversight activities by identifying impediments being encountered and assisting localities to overcome them. Federal Support for Research Traditionally, OJJDP has been the primary funder of research on juvenile crime and juvenile justice, but its capacity is limited.
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From page 14... ...
This challenge must be pursued at the federal level, and OJJDP is the logical agency to lead the effort and provide the training and technical assistance on automated data systems and support for data analysis activities to assess reform initiatives. Recommendation 4: Under OJJDP's leadership, the Bureau of Justice Statistics and other governmental and private statistical organizations should develop a data improvement program on juvenile crime and juvenile justice system processing that provides greater insight into state, local, and tribal variations.
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