JUVENILE JUSTICE IN AMERICA:

WE CAN DO BETTER
Presented By: Davina Phouthakoun

In the United States, nearly 80,000 youth1 are charged and incarcerated within detention or

correctional facilities annually. According to youth.gov, [the] primary goals of the juvenile justice

system, in addition to maintaining public safety, are skill development, habilitation, rehabilitation,

addressing treatment needs, reintegration of youth into the community.2 However, thousands upon

thousands of children remain imprisoned and even after they are released, they face countless

barriers to return to their communities.

We need to enhance the juvenile justice system with reforms that will truly provide

opportunities of rehabilitation and reentrance into society. There are a number of programs already

in place that serve the purpose to do so, but legislation is the key component in ensuring their

success and impact. The Juvenile Justice and Delinquency Prevention Act (JDPA) of 1974 has just

recently been reauthorized in 2015, The Grassley/Whitehouse Bill and the Baker Bills are the three

legislative reforms that will be analyzed. It is strongly recommended that The Grassley/Whitehouse

Bill be passed through congress as it aims

to strengthen the points already made in

the JDPA to protect

We are willing to
the rights of the
spend the least
youth involved in amount of money to
the juvenile justice
keep a kid at home,
more to put him in a
system.
foster home and the
most to institutionalize
him. - Marian Wright
Edelman

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Why Does This Matter?

Disconnected youth are teens, or young adults, that are neither working nor in

school. 3 Youth disconnect holds immense, negative impacts to the amount of opportunities brought

forth to a community. When detained, the youth are often brought to youth prison facilities far from

home. Even worse, there are over 5,000 individuals who are held in adult jails and prisons. They

cannot contribute anything valuable when they are stowed away in a cell. These young minds are

more malleable than adult minds are. There is still time to learn from mistakes and acquire

productive skills. The productivity of these individuals is crucial. But the most important education

and career opportunities are scarce for the millions of youth that have spent time in the juvenile

justice system.

Annually, the United States spends $10,500 per child on education4

Annually, the United detain spends $88,000 on each child incarcerated 5

66% of children that have been incarcerated never return to school upon their release. And

with our nation incarcerating 5 times more children than any other country in the world, the

limitations set on the prosperity of our communities and our people are unyielding.6 It is up to our

government to prioritize funding toward programs that will cultivate positivity within our youth rather

than fund their prosecutions and arrests.

Where We Are Now

The Numbers

14 out of 50 states do not have a minimum age at which children can be prosecuted as

adults. In some cases, there are children as young as 10 years old that have been tried as adults.7

There are 200,000 to 250,000 8 children prosecuted in adult courts annually. The continuously

increasing number of children being placed behind bars is appalling. It is as though the current

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system in place prefers imprisonment over any

other form of discipline. Some alternatives to

prison include9:

Fines and restitutions

Community sentencing or control

Mental health, sex oender and drug

treatment programs

Electronic home monitoring and home

confinement

Approximately 75% of the youth that are put on trial are jailed- even though they are not

considered a public threat.10 Amongst the percentage of juveniles are minorities. Youth of minority

nationalities are more likely to be incarcerated compared to their white counterparts in their

community. Racial disparities within the juvenile justice system are equally as prominent as they are

within the system in place for adults.

The Programs

We have made great eorts in striding toward reform for the US juvenile justice system.

There are numerous programs currently in place that provide services for those within and are/have

been aected by it such as11:

John D. & Catherine T. MacArthur Foundation: This foundation provides adolescent development,

aftercare, comprehensive reform, diversion, community-based alternatives, and ensures racial/

ethnic fairness.

National Center for Mental Health & Juvenile Justice: This center provides juvenile mental health

treatment, prevention, specialty treatment courts, and systems of care services.

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 Justice Policy Institute: This institute provides child welfare, detention and confinement reform,

and mental health treatment services.

Pennsylvania Council of Chief Juvenile Probation Ocers: This organization oers aftercare,

evidence-based practices, juvenile mental health treatment, and restorative justice services.

Washington State Institute for Public Policy: This institute oversees cost eectiveness, diversion,

and prevention for juvenile justice public policy.

EPISCenter Juvenile Justice System Enhancement Strategy12: The purpose of this program is to

enhance the capacity of Pennsylvanias juvenile justice system to achieve its balanced and

restorative justice mission by employing evidence-based practices with fidelity at every stage of

the juvenile justice process.

The work of these organizations, and a vast amount of programs like them, have given much

help to the individuals and families trapped within the juvenile justice system. However, hard

legislation is needed in order for these programs to have lasting impact. But first, we will reflect on

the history of the system itself.

How We Got Here

Throughout the beginning of the 20th century, a majority of the states handled cases with

youth under the age of 18 years old exclusively in juvenile court, and then the judges could make

the decision to transfer the oender to adult court if necessary. It was in the early 1990s when

juvenile crime began to make a drastic increase. In response, legislators began to bulk up the

consequences on young oenders13.

There were a handful of political scientists that warned us of a wave of brutally remorseless,

young, super-predators underway. However, the alleged swarm of super-predators never

developed and juvenile crime actually dropped after its spike in the mid-1990s.14

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 Advocates of juvenile justice seek to curtail harsh state punishments that were triggered by

the crack cocaine-fueled crime influx that took over the late 1980s and early 90s. This wave sent

thousands of adolescents to adult

courts and then, adult prisons.

On the other hand, many

prosecutors say that the

astringent approach to

punishment oers society the

best protection. But critics of the

harsh rulings say that young

people often leave prison more

bitter and dangerous than when

they entered. Recent brain studies

show weak impulse control in young people under the age of 18, prompting states to reconsider

tough punishment.15

Clasp County District Attorney, Joshua Marquis, says that in Oregon, we went from an

extreme - everyone needs a hug and cup of Ovaltine - to a more nuanced system. Delinquents

who need a minimum of incarceration and a maximum amount of structure get treated one way.

And then there are the young criminals who for all intents and purposes are young adults - they

dont act like children, dont respond like children and you cant treat them like children.16

Current Policies in Place

The Juvenile Justice and Delinquency Prevention Act (JDPA)

The purpose of the Juvenile Justice and Delinquency Prevention Act of 1974 is to support

the trauma-informed perpetuity of programs that address the needs of at-risk youth as well as any

young individuals that come into contact with the justice system. 17 JDPA aims to fulfill its purpose

by:

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 Requiring states to implement specified plans to ensure fairness ad reduce racial and ethnic

disparities in the detention of juvenile oenders.

Serves to enhance requirements for separating juveniles from sight or sound contact with adult

lock-ups.18

Provide for the distribution of funding grants to states based on the most recent census data.

Further expand requirements for state plans for juvenile justice and delinquency prevention to

include community-based alternatives to the detention of abuse screening. They must also

include a description of the use of their funds for reentry into the community of juveniles after

their release.

The JJDPA has been updated several times throughout its 43 years. It has just been

reauthorized in 2015, strengthening its standards to reflect more of the pressing issues within the

juvenile justice system. However, there remain loopholes within the act that have allowed key issues

of the system to exist and persist.

The original JJDPA aimed to eliminate the ability of states to keep youth in detention facilities

for status oenses (running away or truancy,) but a provision added to the act in 1980 allowed for an

exception. Judges could now issue detention orders in certain circumstances. 19

Additionally, this act only applies to the youth jurisdiction of the juvenile system. If a young

oender is charged as an adult, the protections under JJDPA do not apply to them. During the

1990s, 45 out of 50 states passed laws that mad it easier to transfer youth from the juvenile system

to the criminal system.20 Due to this, the number of juveniles who were charged as adults

skyrocketed. Currently, many states have made changes in attempt to remove youth from the adult

system, but the Human Rights Watch and the ACLU have estimated that 93,000 youth were still

held in adult jails annually. It was also found in a 2012 study that 2,200 were still being held in adult

prisons.21

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The Grassley/Whitehouse Bill

On December 1, 2016, US Senators Charles Grassley (Republican - Iowa) and Sheldon

Whitehouse (Democrat - Rhode Island) requested the Senate to pass a bipartisan legislation to

protect and improve the lives of young people that find themselves involved in the juvenile (and

criminal) justice systems. This bill would do so by22:

Providing incentive: if a state commits to meeting core protections for youth (that are stated in the

JJDPA,) then it may continue to receive federal grants to support its juvenile justice activities.

Make reforms to current law so that taxpayer-supported juvenile justice programs will yield all of

the best possible outcomes. Grassley and Whitehouse urge that the bill reflects the latest

research what works best with at-risk children and youth.

The bill would extend JJDPA protections to all youth, not just those in the juvenile system. This

means that even youth that are charged as adults will still hold all of the rights and protections

from being placed in adult jails and prisons.

Directly require states to lower the disparate numbers of youth of color that come in contact with

the juvenile justice system.

Senators Grassley and Whitehouse have both spoken on the importance of providing

alternatives to incarceration. Senator Grassley echoed a preventative approach as he wrote, it can

often be better to try to resolve the problems that bring at-risk youth to the local courthouse for

adjudication in the first place instead of placing them in detention.23

OBJECTIONS TO THE GRASSLEY/WHITEHOUSE BILL

The bill has been objected, therefor it must be sent back for editing and revision in order to

resubmit it for another chance of approval. Senators Grassley and Whitehouse chose to hotline the

bill for unanimous consent. To hotline a bill means that the proposers are asking for unanimous

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consent and will warn everyone that they are doing so. And if there was anyone who wants to object

the bill, they will have a chance to.

Only one senator out of the 100 individuals present objected the bill and that person was

Senator Tom Cotton (Republican - Arkansas.) He stated that he does believe that the bill indeed

would improve the way we handle juvenile oenders and hopes it eventually gets passed into law.

However, he would like to take more time to discuss one specific provision of the bill that relates to

the juvenile status oenders and secure confinement.24

Cotton thinks that judges should have the option to place juvenile oenders in detention

centers if they violate an order to take part in rehabilitation or other treatments. He argues that many

states are developing an array of options to treating status oenders beyond secure confinement.

Yet, most states still choose to retain the option for judges to order secure confinement in certain

circumstances. 25

Last year, Arkansas passed a new juvenile justice bill that sought to expand rehabilitation

and services for status oenders so the state could reduce the number of individuals subject to

secure confinement. His states legislatures judgement chose to retain secure confinement as a

last-resort option. Cotton [does not] believe congress should second guess that choice.26

The Baker Bills

On June 8, 2011, the Senate approved legislation sponsored by Senator Lisa Baker

(Republican - District 20) to reform the juvenile justice system and protect the fundamental rights of

the youth that are involved in it. According to Baker, the need for these reforms were highlighted by

the actions of two judges in Luzerne County, Pennsylvania. They were sending juvenile oenders to

detention facilities for minor infractions and preventing them from appearing with an attorney.27

Senate Bill 815: Mandatory Counsel28

- Eliminates waiving counsel in juvenile delinquency hearings.

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 Senate Bill 816: Juvenile Justice Advocate29

- Creates a victim advocate devoted to juvenile justice.

Senate Bill 817: Shackling30

- Prohibits the shackling of juveniles in the courtroom

Senate Bill 818: Dispositional Reasoning on the Record31

- Requires judges to state, on the record, all of the reasons behind their disposition orders.

According to statistics from the Juvenile Court Judges Commission, 185 juveniles waived

their right to an attorney in 2009.32 That means that more than 99 percent of juveniles had an

attorney for court proceedings that year.33 The court acknowledged that even though waive of

counsel is rare in Pennsylvania, the issues in Luzerne County show that significant problems can

still arise and definitely need to be remedied. Senator Bakers four bills has eected a portion of

juvenile justice, but it does not touch upon ways to help prepare youth for reentrance into the

community.

Feasibility of the Grassley/Whitehouse Bill

The Grassley/Whitehouse Bill holds an endorsement of more than 150 organizations that

have voiced their support for it. The bill is cosponsored by Senators Richard Blumenthal, Roy Blunt,

Chris Coons, John Cornyn, Richard Durbin, Dianne Feinstein, Orrin Hatch, Amy Klobuchar, Patrick

Leahy and Marco Rubio.34 These esteemed figures all believe that the components of this legislature

will provide the much needed reform in the juvenile justice system.

Groups such as the Campaign for Youth Justice, Coalition for Juvenile Justice, Boys Town,

Fight Crime Invest in Kids, and many others endorsed the legislation and contributed their own

9
input into its creation. The National Criminal Justice Association, National District Attorneys

Association, and a coalition of approximately two dozen anti-human tracking groups endorsed the

legislation as well.35

Many states fall short of core requirements that are a condition for these states to receive

taxpayer-funded grants. However, this bill will mandate that The Justice Department oce will be

responsible for overseeing the program being acknowledged. Since 1997, the oce has been

following an unlawful policy which allowed states to receive juvenile justice grants despite their

violations of funding requirements.36 When they heard of this, Senators Grassley and Whitehouse

were inspired to craft the new accountability requirements to ensure that taxpayer dollars are being

used properly as well as the youth being fairly served.

This bill also seeks to extend the JJDPA for five more years. Senators Grassley and

Whitehouse argue that the federal statute was last reauthorized in 2002 and is long overdue for an

update. Congress is still funding juvenile justice programs that expired in 200737 , so why not this

one?

The Next Step

The next step that needs to be taken is working to revise the Grassley/Whitehouse Bill to be passed

through the Senate. Its sponsors must take into consideration the points brought up by Senator Cotton. Even

its sole objector saw a tremendous possible outcome from it. The bill is merely an enhancement and

extension to the JJDPA, but it is what the juvenile justice system desperately needs. It touches upon the

fundamental rights of youth oenders, strategies of rehabilitation, and prevention. With the passing of this

legislature, we will see stupendous change in the system.

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End Notes
1Holloway, Philip. "Should 11-year-olds Be Charged with Adult Crimes?" CNN. Cable News Network, 14 Oct. 2015. Web.
15 Apr. 2017. <http://www.cnn.com/2015/10/14/opinions/holloway-charging-juveniles-as-adults/>.

2 "Juvenile Justice." Juvenile Justice | Youth.gov. N.p., n.d. Web. 15 Apr. 2017. <http://youth.gov/youth-topics/juvenile-
justice>.

3"Disconnected Youth." Measure of America - A Project of the Social Science Research Council. N.p., n.d. Web. 15 Apr.
2017. <http://www.measureofamerica.org/disconnected-youth/>.

4 Reynolds, Alexander. "The School-to-Prison Pipeline Is Institutional Racism." The Hungton Post.
TheHungtonPost.com, 09 Sept. 2015. Web. 15 Apr. 2017. <http://www.hungtonpost.com/alexander-reynolds/school-
to-prison_b_8108068.html>.

5 Reynolds, Alexander. "The School-to-Prison Pipeline Is Institutional Racism." The Hungton Post.
TheHungtonPost.com, 09 Sept. 2015. Web. 15 Apr. 2017. <http://www.hungtonpost.com/alexander-reynolds/school-
to-prison_b_8108068.html>.

6 Reynolds, Alexander. "The School-to-Prison Pipeline Is Institutional Racism." The Hungton Post.
TheHungtonPost.com, 09 Sept. 2015. Web. 15 Apr. 2017. <http://www.hungtonpost.com/alexander-reynolds/school-
to-prison_b_8108068.html>.

7 Katel, Peter. "WebAccess." Penn State WebAccess Secure Login:. N.p., 7 Nov. 2008. Web. 15 Apr. 2017. <http://
library.cqpress.com.ezaccess.libraries.psu.edu/cqresearcher/document.php?id=cqresrre2008110700>.

8 Townes, Carimah. "How To Spell Out All The Problems Of Juvenile Justice In Five Minutes." ThinkProgress.
ThinkProgress, 15 July 2015. Web. 15 Apr. 2017. <https://thinkprogress.org/how-to-spell-out-all-the-problems-of-juvenile-
justice-in-five-minutes-88cbac2a9919>.

9Crime, Punishment and Prison Alternatives." Lawyers.com. Lawyers.com, 09 Apr. 2015. Web. 15 Apr. 2017. <http://
criminal.lawyers.com/criminal-law-basics/crime-punishment-and-prison-alternatives.html>.

10 10Townes, Carimah. "How To Spell Out All The Problems Of Juvenile Justice In Five Minutes." ThinkProgress.
ThinkProgress, 15 July 2015. Web. 15 Apr. 2017. <https://thinkprogress.org/how-to-spell-out-all-the-problems-of-juvenile-
justice-in-five-minutes-88cbac2a9919>.

11"Juvenile Justice Information Exchange Experts." Juvenile Justice Information Exchange. N.p., n.d. Web. 15 Apr. 2017.
<http://jjie.org/hub/community-based-alternatives/experts/>.

12 "Juvenile JusticeJuvenile Justice System Enhancement Strategy (JJSES)." Juvenile JusticeJuvenile Justice System
Enhancement Strategy (JJSES) | EPISCenter. N.p., n.d. Web. 16 Apr. 2017. <http://episcenter.psu.edu/juvenile/jjses>.
13 "WebAccess." Penn State WebAccess Secure Login:. N.p., n.d. Web. 16 Apr. 2017. <http://
library.cqpress.com.ezaccess.libraries.psu.edu/cqresearcher/document.php?
id=cqresrre2015091100&type=hitlist&num=0>.

14 "WebAccess." Penn State WebAccess Secure Login:. N.p., n.d. Web. 16 Apr. 2017. <http://
library.cqpress.com.ezaccess.libraries.psu.edu/cqresearcher/document.php?
id=cqresrre2015091100&type=hitlist&num=0>.

15 "WebAccess." Penn State WebAccess Secure Login:. N.p., n.d. Web. 16 Apr. 2017. <http://
library.cqpress.com.ezaccess.libraries.psu.edu/cqresearcher/document.php?
id=cqresrre2015091100&type=hitlist&num=0>

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16"WebAccess." Penn State WebAccess Secure Login:. N.p., n.d. Web. 16 Apr. 2017. <http://
library.cqpress.com.ezaccess.libraries.psu.edu/cqresearcher/document.php?
id=cqresrre2015091100&type=hitlist&num=0>.

17Grassley, Chuck. "S.1169 - 114th Congress (2015-2016): Juvenile Justice and Delinquency Prevention Reauthorization
Act of 2015." Congress.gov. N.p., 15 Dec. 2015. Web. 16 Apr. 2017. <https://www.congress.gov/bill/114th-congress/
senate-bill/1169>.

18Grassley, Chuck. "S.1169 - 114th Congress (2015-2016): Juvenile Justice and Delinquency Prevention Reauthorization
Act of 2015." Congress.gov. N.p., 15 Dec. 2015. Web. 16 Apr. 2017. <https://www.congress.gov/bill/114th-congress/
senate-bill/1169>.

19Knefel, Molly. "Trying to Fix America's Broken Juvenile Justice System." Rolling Stone. Rolling Stone, 22 Jan. 2015.
Web. 16 Apr. 2017. <http://www.rollingstone.com/politics/news/trying-to-fix-americas-broken-juvenile-justice-
system-20150122>

20Knefel, Molly. "Trying to Fix America's Broken Juvenile Justice System." Rolling Stone. Rolling Stone, 22 Jan. 2015.
Web. 16 Apr. 2017. <http://www.rollingstone.com/politics/news/trying-to-fix-americas-broken-juvenile-justice-
system-20150122>.

21Knefel, Molly. "Trying to Fix America's Broken Juvenile Justice System." Rolling Stone. Rolling Stone, 22 Jan. 2015.
Web. 16 Apr. 2017. <http://www.rollingstone.com/politics/news/trying-to-fix-americas-broken-juvenile-justice-
system-20150122>.

22 "Judiciary Committee Clears Grassley, Whitehouse Bill to Reauthorize Juvenile Justice Programs with Improved
Accountability." Chuck Grassley. N.p., 23 July 2015. Web. 16 Apr. 2017. <https://www.grassley.senate.gov/news/news-
releases/judiciary-committee-clears-grassley-whitehouse-bill-reauthorize-juvenile-justice>.

23"Grassley, Whitehouse Speak Out Against Blocking of Bill to Protect Children in Juvenile Justice System." Chuck
Grassley. N.p., 01 Dec. 2016. Web. 16 Apr. 2017. <https://www.grassley.senate.gov/news/news-releases/grassley-
whitehouse-speak-out-against-blocking-bill-protect-children-juvenile>.

24Dick, Jason. "Tense Floor Exchange Blocks Juvenile Justice Bill." Roll Call. N.p., 03 Mar. 2016. Web. 16 Apr. 2017.
<http://www.rollcall.com/news/home/tense-floor-exchange-blocks-juvenile-justice-bill>.

25 "U.S. Senate Debate on Juvenile Justice Bill." C-SPAN.org. N.p., n.d. Web. 16 Apr. 2017. <https://www.c-span.org/
video/?c4580384%2Fus-senate-debate-juvenile-justice-bill&start=951>.

26 "U.S. Senate Debate on Juvenile Justice Bill." C-SPAN.org. N.p., n.d. Web. 16 Apr. 2017. <https://www.c-span.org/
video/?c4580384%2Fus-senate-debate-juvenile-justice-bill&start=951>.

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"Senate Passes Juvenile Justice Reform Measure, Again." Senator Lisa Baker. N.p., n.d. Web. 16 Apr. 2017. <http://
www.senatorbaker.com/2012/01/18/senate-passes-juvenile-justice-reform-measure-again/>.

28"Legislative Accomplishments." Senator Lisa Baker. N.p., n.d. Web. 16 Apr. 2017. <http://www.senatorbaker.com/
legislative-accomplishments/>.

29"Legislative Accomplishments." Senator Lisa Baker. N.p., n.d. Web. 16 Apr. 2017. <http://www.senatorbaker.com/
legislative-accomplishments/>.

30"Legislative Accomplishments." Senator Lisa Baker. N.p., n.d. Web. 16 Apr. 2017. <http://www.senatorbaker.com/
legislative-accomplishments/>.

31 "Legislative Accomplishments." Senator Lisa Baker. N.p., n.d. Web. 16 Apr. 2017. <http://www.senatorbaker.com/
legislative-accomplishments/>.

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32Kalinowski, Bob. "Much Has Changed in Juvenile Court since the Kids-for-cash Scandal." News - Citizens' Voice. N.p.,
n.d. Web. 16 Apr. 2017. <http://citizensvoice.com/news/much-has-changed-in-juvenile-court-since-the-kids-for-cash-
scandal-1.1785207>.

33Kalinowski, Bob. "Much Has Changed in Juvenile Court since the Kids-for-cash Scandal." News - Citizens' Voice. N.p.,
n.d. Web. 16 Apr. 2017. <http://citizensvoice.com/news/much-has-changed-in-juvenile-court-since-the-kids-for-cash-
scandal-1.1785207>.

34"Grassley, Whitehouse Speak Out Against Blocking of Bill to Protect Children in Juvenile Justice System." Chuck
Grassley. N.p., 01 Dec. 2016. Web. 16 Apr. 2017. <https://www.grassley.senate.gov/news/news-releases/grassley-
whitehouse-speak-out-against-blocking-bill-protect-children-juvenile>.

35"Grassley, Whitehouse Speak Out Against Blocking of Bill to Protect Children in Juvenile Justice System." Chuck
Grassley. N.p., 01 Dec. 2016. Web. 16 Apr. 2017. <https://www.grassley.senate.gov/news/news-releases/grassley-
whitehouse-speak-out-against-blocking-bill-protect-children-juvenile>.

36"Grassley, Whitehouse Speak Out Against Blocking of Bill to Protect Children in Juvenile Justice System." Chuck
Grassley. N.p., 01 Dec. 2016. Web. 16 Apr. 2017. <https://www.grassley.senate.gov/news/news-releases/grassley-
whitehouse-speak-out-against-blocking-bill-protect-children-juvenile>.

37"Grassley, Whitehouse Speak Out Against Blocking of Bill to Protect Children in Juvenile Justice System." Chuck
Grassley. N.p., 01 Dec. 2016. Web. 16 Apr. 2017. <https://www.grassley.senate.gov/news/news-releases/grassley-
whitehouse-speak-out-against-blocking-bill-protect-children-juvenile>.

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