Issues and Problems Within the Juvenile Justice System

There are many problems with the U.S. juvenile justice system. Minors are often punished instead of rehabilitated, an outgrowth of political and cultural battles.

The juvenile court system was founded to serve as a criminal court to serve the unique needs of adolescents, acknowledging that young people lack some decision-making skills and that community-based interventions are necessary. However, disparities in the treatment of kids have created problems with the juvenile justice system.

If you are a minor or guardian of a minor who has been victimized by the juvenile criminal justice system, a juvenile criminal defense attorney can assess your case and protect your rights.

Issues in the Juvenile Justice System

Juvenile justice problems are twofold. First, you have the processes and procedures that place minors in justice programs. Just like the prison system for adults, tactics used in the juvenile legal system are very controversial.

Secondly, once someone is “in the system,” there are facilities, staff, and programs that can either help or hurt a minor’s future. Every case, facility, and worker varies. Each youthful offender — whether you call them a juvenile delinquent, juvenile offender, involved youth, or just a teenager — is different. There are varying reasons for criminality also — substance abuse, mental illness, unmet mental health needs, sexual abuse, child abuse, overcrowded residential facilities, etc. It is hard for the system to give everyone the individualized help they need, leading to recidivism, truancy, and other bad outcomes.

Types of Correctional Facilities

Despite the common slang, “youth prison,” “juvie,” or “juvenile hall” facilities are not adult prisons but can have a similar feel. They are built to be restrictive while helping residents return to their everyday lives. The main types of facilities are:

• Juvenile detention center: Residents are restrained with handcuffs in this facility. This is for short-term use before court hearings or transport to other facilities.
• Long-term secure facility: These buildings are locked and often fenced, and residents are kept inside full-time or during certain hours. It can include reformatories or training schools.
• Reception center: Like a detention center, this building is secure and used for screening a juvenile before placing them in another facility. These are made for short-term stays.
• Diagnostic center: Another name for reception centers. Diagnostic centers often have psychologists or other expert services to help staff understand the best ways to help or place a minor.

Problems facing adult prisons permeate juvenile detention centers also. Solitary confinement, sexual abuse, child abuse, exposure to delinquent behavior and criminal behavior, inappropriate housing for people with disabilities, and poor health care plague these institutions.

Reports of Abuse

They are created to give minors an unpleasant and restrictive experience and are made to make kids want to never come back. There are many reports of abuse in juvenile correction facilities, including:

• Harassment and mistreatment from guards
• Sexual abuse and physical abuse from guards and inmates
• Isolation and excessive restraints used as discipline
• Staff allowing violence between residents

Abuse like this is illegal in most circumstances. The laws on what qualifies as abuse can sometimes feel like a “grey area,” so an attorney is the right person to review your child’s situation.

What Are Juvenile Correctional Facilities Like?

This largely depends on the state and the individual facility. Inmates in a juvenile correctional facility can expect a strict schedule in their day-to-day, including:

• Classes (similar to public school), with homework
• Meals
• Recreation time and time outdoors
• Exercise and shower time
• Programs, speakers, counseling, or therapy
• Being locked in a room at night (most residents have to share with roommates)
• Wearing a uniform

Most residents can earn extra free time or privileges if they follow the rules and prove their trustworthiness.

Unfortunately, there are dangers residents may encounter before and after arriving:

• Abuse or violence from police officers, staff, or other residents
• Invasive strip searches (searches depend on state laws and facility policy)
• Abuse during group showers and other group settings
• Physical attacks and sexual assault
• Isolation as punishment
• Psychological strain that can lead to future mental health struggles
• Gang and drug-related activities

The American juvenile system is an incredibly tough system to be in, with racism and prejudice playing a large part. Males and youths of color are sent to juvenile incarceration at a higher rate instead of seeking rehabilitation options.

Punishment vs. Rehabilitation

Many states have laws that children ranging from under six to 12 years old can’t be prosecuted for crimes. In some states, there are different age categories based on the severity of the crime.

States also have guidelines to determine if a child should enter a state care facility instead of a detention center. Minors might be placed in:

• Drug, alcohol, or addiction rehab centers
• Family counseling while living full-time at home
• Centers for behavior or emotional problems

While this is the decision of a juvenile court, an attorney can help you push for rehab instead of punishment.

Considerations for Circumstance

There is a proven link between abuse and neglect of children in cases of juvenile delinquency. From foster care abuse to neglectful parents to violent or sexual abuse, minors who have a difficult childhood or face problems at home are more likely to enter the juvenile system.

During your court case, an attorney can help point out the circumstances of your life and situation. Your attorney will be looking out for your best interests and future. Keeping you out of a juvenile center is ideal. They will speak with you to create a strong defense for your case before it goes before the judge.

You Need an Effective Attorney for Juvenile Crimes

While many are working toward juvenile justice reform, your goal now is to keep yourself or a loved one out of the juvenile system. Contact an attorney for help with negotiating a less-restrictive facility, getting a facility closer to home, or finding alternatives to confinement.