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Rounding out the picture of juvenile justice

In a July 12 ABC News.com article, “Life in Prison: Should Juvenile Offenders Be Tried in Adult Courts?” Huma Khan discusses the pervasive issue of young people—particularly those who are accused of committing serious offenses or have long histories of delinquency—getting tried in adult courts rather than being tried as juveniles. According to Khan, this trend results at least in part from a spike in serious juvenile crime in 2003, following nearly a decade of steady decline.

Critics of the decision to try juveniles in adult court point to a recognized and growing body of research that indicates that young people are qualitatively different from adults because their brains are not fully developed. In a move suggesting a national paradigm shift away from treating youth in the same way that adult criminals are treated, the U.S. Supreme Court in May 2010 barred the use of the death penalty for non-capital crimes committed by juveniles. Vera’s Center on Youth Justice (CYJ) has been heavily involved in assuring that youth get age-appropriate treatment, including raising the age of juvenile jurisdiction in Connecticut from 16 to 18. Similarly, Vera’s Cost-Benefit Analysis Unit, with research assistance from CYJ staff, is performing a cost-benefit analysis of raising the age of juvenile jurisdiction in North Carolina from 16 to 18, on behalf of the Youth Accountability Planning Task Force. CYJ also has a finger on the pulse of national best practices in juvenile justice programming.

While Khan writes that, according to a 2010 report by the federal Office of Juvenile Justice and Delinquency Prevention, juvenile courts have seen a significant increase in delinquency cases, she neglects to point out that according to the same report, the number of transfers to adult court nationally actually declined substantially from 1994 to 2007. It is worthy of attention that, despite changing juvenile justice approaches based on overwhelming research suggesting that youth benefit from rehabilitation and not from punishment, there are still thousands of instances in which young people are treated as adult criminals, which is unreasonable and ineffective. But it is also important not to omit data that are crucial to a full understanding of the issue. Without presenting information on the declining numbers of transfers to adult court, the author leaves readers with an incomplete version of the larger story.

 

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