The juvenile justice system is a complex web of services with intent to reform and rehabilitate. It plays a crucial role in addressing the needs of young offenders while simultaneously considering their age, development, and potential for rehabilitation. However, concerns have been raised over the disproportionate representation of certain demographics, young black males and those with behavioral or mental health disorders, within the system. Poor minorities often receive harsher treatment and longer sentences than affluent white youth. Vulnerable populations within a community and school system unprepared to support youth and families with concrete services and alternative non-confinement options may find themselves within the school-to-prison pipeline with staggering numbers of incarcerated youth without mental or developmental support.
Youth Incarceration and Disparities:
According to the U.S. Department of Justice's Office of Juvenile Justice and Delinquency Prevention, the overall youth confinement rate has been declining. However, racial disparities persist, with young black males severely overrepresented within the judicial system. From 2016 to 2020, while the rate of youth confinement for white males decreased by 21%, it decreased by only 10% for black males (Office of Juvenile Justice and Delinquency Prevention, 2021).
Disproportionate Impact on Youth with Behavioral or Mental Health Disorders:
Another concerning aspect is the overrepresentation of youth with behavioral or mental health disorders within the juvenile justice system. Common disorders found within this population are attention deficit hyperactivity disorder (ADHD), bipolar, substance use, and depression. According to the National Survey of Youth in Custody, approximately 65-70% of confined youth meet the criteria for at least one mental health disorder. Moreover, a report by the Centers for Disease Control and Prevention highlighted that these youth are at a higher risk of experiencing violence, trauma, and reoffending (Centers for Disease Control and Prevention, 2020).
Zero Tolerance Policies, Targeting of Young Black Youth, and the Impact on Youth with Mental Health Disorders
Zero tolerance policies, initially implemented with the intention of maintaining safe school environments, have had unintended consequences, especially for young black youth. These policies enforce severe punishments for minor infractions, such as possession of drugs or even non-violent altercations, without taking individual circumstances into account. Research has shown that these policies disproportionately affect black students, leading to higher suspension and expulsion rates, and subsequent involvement in the juvenile justice system. Additionally, many delinquency cases begin in schools with police being called before restorative justice principles could be applied, possibly averting disastrous incarceration outcomes often found in youth with mental health disorders that are incarcerated and separated from a support system.
The School-to-Prison Pipeline:
The combination of zero tolerance policies and racial disparities contributes to the school-to-prison pipeline, a phenomenon where students, primarily from disadvantaged backgrounds, are funneled from schools into the criminal justice system. Studies have indicated that the pipeline impacts black and Hispanic students at a higher rate, resulting in interrupted education, increased dropout rates, and increased involvement with the juvenile justice system.
Support Services on the East Coast:
Recognizing the importance of providing comprehensive support to youth and families, numerous organizations on the East Coast, especially New Jersey, have emerged to address these issues. These services focus on prevention, intervention, and diversion programs, as well as providing mental health support. Some notable resources include:
- Advocates for Children of New Jersey (ACNJ): Provides legal assistance, policy advocacy, and community outreach to improve the lives of children and families involved in the juvenile justice system.
- Norwescap: Provides early childhood education through Head Start programming, administration of the child care subsidy program, employment and career assistance, housing, and youth services (and more).
- Youth Advocate Programs (YAP): Operates in multiple states, providing community-based alternatives to incarceration and comprehensive support services for youth and families.
- Families and Schools Together (FAST): Implements evidence-based programs to strengthen family and school partnerships, reducing the likelihood of youth involvement in the justice system.
Conclusion:
The juvenile justice system must seek addressment of disparities and provide appropriate support to youth, especially young black males with behavioral or mental health disorders. Zero tolerance policies and the school-to-prison pipeline continue to perpetuate these inequalities. However, through the collective efforts of organizations and support services within schools and the community, families may access the necessary resources and support to navigate the system effectively. By prioritizing prevention, intervention, and rehabilitation, we can foster a more equitable and supportive juvenile justice system.
References:
Office of Juvenile Justice and Delinquency Prevention. (2021). OJJDP Statistical Briefing Book. Retrieved from https://www.ojjdp.gov/ojstatbb/
Centers for Disease Control and Prevention. (2020). Mental Health Disorders Among Adolescents in Juvenile Detention and Correctional Facilities. Retrieved from https://www.cdc.gov/mmwr/volum.../pdfs/mm6925a2-H.pdf
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