Underage Prosecution

The juvenile justice system in the United States is founded on the principle that children and adolescents should be treated differently from adults under the law. Most legal systems distinguish between children who are too young to be criminally responsible and those who, while still minors, can be held accountable for their actions. This second group is typically the focus of underage prosecution. Unlike adult courts, juvenile proceedings do not use juries since a true "jury of peers" is not possible and instead emphasize rehabilitation over punishment, often using terms such as "delinquent" rather than "guilty" (Roth Legal, 2025) Roth Legal. (2025, July 9). Juvenile Crimes: How Courts Handle Offenders Under 18. Roth Legal. https://roth-legal.com/blog/juvenile-crimes-how-courts-handle-offenders-under-18/ Ctrl + C copy link Ctrl + K open source Copied .

However, this rehabilitative ideal is not always upheld in practice. In many jurisdictions, minors can be waived into adult court, where they face significantly harsher penalties, and 46 out of 50 states allow this transfer under certain conditions (Office of Juvenile Justice and Delinquency Prevention, n.d.-c) Office of Juvenile Justice and Delinquency Prevention. (n.d.-c). Trying Juveniles as Adults in Criminal Court: An Analysis of State Transfer Provisions. Retrieved March 22, 2026, from https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/tryingjuvasadult/transfer.html Ctrl + C copy link Ctrl + K open source Copied . As Bryan Stevenson argues in Just Mercy, fear and inequality can distort legal outcomes and move the system away from its rehabilitative purpose (Stevenson, 2015) Stevenson, B. (2015). Just mercy: A story of justice and redemption (Spiegel&Grau trade paperback edition) [Print]. Spiegel & Grau. https://justmercy.eji.org/ Ctrl + C copy link Ctrl + K open source Copied .

How the System Works

The process of navigating the juvenile system mirrors adult legal procedures in structure, even as it claims a different purpose. After arrest, a minor may be released with a citation or placed in a juvenile detention facility. A petition is then filed, followed by a detention hearing where a judge decides whether the youth remains in custody. In some cases, a fitness hearing determines whether the minor should be transferred to adult court. If the case proceeds, a jurisdiction hearing requires proof beyond a reasonable doubt, and a judge not a jury determines responsibility. Finally, a disposition hearing assigns consequences, ideally tailored toward rehabilitation (Los Angeles Criminal Lawyers, n.d.) Los Angeles Criminal Lawyers. (n.d.). Child Crime Prevention & Safety Center. Retrieved March 22, 2026, from https://childsafety.losangelescriminallawyer.pro/juvenile-court-process.html Ctrl + C copy link Ctrl + K open source Copied .

Where It Breaks Down

Despite its stated goals, the system continues to face significant challenges. Juvenile arrests have declined dramatically, dropping 74% from their mid-1990s peak (Puzzanchera, 2022) Puzzanchera, C. (2022). Trends in Youth Arrests for Violent Crimes (p. 4). US Department of Justice. https://ojjdp.ojp.gov/publications/trends-in-youth-arrests.pdf Ctrl + C copy link Ctrl + K open source Copied . Yet policies shaped by the superpredator scare of that era still influence how youth are treated today. Youth of color remain disproportionately represented in detention, making up a large majority of incarcerated juveniles, raising ongoing concerns about structural bias (Mink, 2022) Mink, C. A. (2022, May 31). The juvenile justice system is plagued by striking racial disparities-But health is a big one. https://centerforhealthjournalism.org/our-work/insights/juvenile-justice-system-plagued-striking-racial-disparities-health-big-one Ctrl + C copy link Ctrl + K open source Copied .

Health outcomes further highlight systemic issues. Many detained youth enter the system with urgent medical needs, and a large proportion experience mental health or substance use disorders. Research suggests that incarceration can worsen these conditions, disrupt education, and increase the likelihood of reoffending rather than reduce it (Mendel, 2023) Mendel, R. (2023). Why Youth Incarceration Fails: An Updated Review of the Evidence. The Sentencing Project. https://www.sentencingproject.org/reports/why-youth-incarceration-fails-an-updated-review-of-the-evidence/ Ctrl + C copy link Ctrl + K open source Copied .

Prosecution and punishment have long been central to justice systems, and when applied fairly, they are often seen as necessary and just. However, the prosecution of children is frequently underexamined, even though its consequences can be far more damaging than corrective. While it is true that actions carry consequences and responsibility must be taken, the nature of that punishment matters. For children in particular, punishment should follow thorough investigation and aim to guide and rehabilitate, rather than simply impose suffering without addressing underlying causes.

The Kissing Case and Its Legacy

This tension becomes clear when examining real cases. In October 1958 in Monroe, North Carolina, 9-year-old James Hanover Thompson and his 8-year-old David "Fuzzy" Simpson were playing with other white children when a kissing game began. During the game, a white girl, Sissy Sutton, kissed David on the cheek first. Later, she told her parents, who reported the incident to the police. Officers confronted the boys at gunpoint, shouting racial epithets and calling them "little rapists." The boys were beaten and believed they were going to be killed. On Halloween, officers reportedly dressed as members of the Ku Klux Klan and threatened to lynch them, intensifying the trauma. The boys were charged with assault and molestation and, under the "separate but equal" system of Jim Crow laws, were ruled guilty and sentenced to spend the rest of their childhood in a reformatory (Rimer, 2024) Rimer, S. (2024). Oct. 28, 1958: Two Children Arrested in N. Carolina. Zinn Education Project. https://www.zinnedproject.org/news/tdih/the-kissing-case/ Ctrl + C copy link Ctrl + K open source Copied .

The case gained widespread attention through media coverage, particularly after images of the boys crying were published. The NAACP appealed to the state superior court, but the judge refused to consider evidence that could support their release and sent them back to the reformatory. Public outrage grew both nationally and internationally, ultimately pressuring Governor Luther H. Hodges to pardon the boys on February 13, 1959 (Rimer, 2024) Rimer, S. (2024). Oct. 28, 1958: Two Children Arrested in N. Carolina. Zinn Education Project. https://www.zinnedproject.org/news/tdih/the-kissing-case/ Ctrl + C copy link Ctrl + K open source Copied , when influenced by racial bias and social context, can fail to protect the very children it is meant to rehabilitate.

Fear-Driven Policy

Decades later, similar tensions persisted in policy. The mid-1990s saw a peak in juvenile crime that fueled the "superpredator" scare, a widely publicized theory that warned of a generation of violent youth. This led to the passage of laws that made it easier to try juveniles as adults (Teske, 2017) Teske, S. (2017, February 27). Juvenile Justice Reforms Went Backwards in the '90s. Juvenile Justice Information Exchange. https://jjie.org/2017/02/27/juvenile-justice-reforms-went-backwards-in-the-90s/ Ctrl + C copy link Ctrl + K open source Copied . However, the predicted wave of crime never materialized, and many of these policies were enacted even as juvenile crime rates were already declining (Office of Juvenile Justice and Delinquency Prevention, n.d.-c) Office of Juvenile Justice and Delinquency Prevention. (n.d.-c). Trying Juveniles as Adults in Criminal Court: An Analysis of State Transfer Provisions. Retrieved March 22, 2026, from https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/tryingjuvasadult/transfer.html Ctrl + C copy link Ctrl + K open source Copied . Today, many of these laws remain in place, continuing to shape how young offenders are treated and raising questions about whether fear-driven policy has had lasting consequences.

Children make mistakes, and it is a natural part of development. Some actions are more serious than others, and in some cases, they reflect choices rather than accidents. Yet these choices are often shaped by environment, influence, and circumstances beyond a child's full control. Because children are still mentally and emotionally developing, systems of punishment should reflect that reality.

Current Prosecution Pathway

While the details differ from state to state, the juvenile justice system in the United States is typically separate from the adult criminal justice system (Office of Juvenile Justice and Delinquency Prevention, n.d.-b) Office of Juvenile Justice and Delinquency Prevention. (n.d.-b). Facts About Youth Crime | Juvenile Justice 101. Retrieved March 22, 2026, from https://ojjdp.ojp.gov/juvenile-justice-101 Ctrl + C copy link Ctrl + K open source Copied . After being arrested, a young person is usually either released to a parent or guardian or detained (Office of Juvenile Justice and Delinquency Prevention, n.d.-b) Office of Juvenile Justice and Delinquency Prevention. (n.d.-b). Facts About Youth Crime | Juvenile Justice 101. Retrieved March 22, 2026, from https://ojjdp.ojp.gov/juvenile-justice-101 Ctrl + C copy link Ctrl + K open source Copied .

In 2021, 56% of youth referred to court received a hearing (Office of Juvenile Justice and Delinquency Prevention, 2025b) Office of Juvenile Justice and Delinquency Prevention. (2025b, February 21). Juvenile Court Case Processing. Department of Justice. https://ojjdp.ojp.gov/statistical-briefing-book/court/faqs/jcscf_display Ctrl + C copy link Ctrl + K open source Copied . If the hearing leads to adjudication, the juvenile judge, without a jury, determines whether the youth is delinquent beyond a reasonable doubt (Georgia Code, 2024) Adjudication Hearing; Time Limitations; Findings, Title 15 - Courts Georgia Code SS 15-11-582 (2024). https://law.justia.com/codes/georgia/title-15/chapter-11/article-6/part-10/section-15-11-582/ Ctrl + C copy link Ctrl + K open source Copied .

In 2021, 48% of petitioned youth were adjudicated, and 28% of adjudicated youth were placed in a residential facility (Office of Juvenile Justice and Delinquency Prevention, 2025b) Office of Juvenile Justice and Delinquency Prevention. (2025b, February 21). Juvenile Court Case Processing. Department of Justice. https://ojjdp.ojp.gov/statistical-briefing-book/court/faqs/jcscf_display Ctrl + C copy link Ctrl + K open source Copied . If the youth is found delinquent and is not released, a disposition hearing determines outcomes such as release, detention, probation, or other services (Department of Juvenile Justice, n.d.) Department of Juvenile Justice. (n.d.). Criminal Justice Process for Juveniles. Retrieved March 22, 2026, from https://djj.georgia.gov/criminal-justice-process-juveniles Ctrl + C copy link Ctrl + K open source Copied .

In some states, including Georgia, juveniles may be prosecuted as adults for severe crimes, such as murder or armed robbery (Office of the DeKalb County District Attorney, n.d.) Office of the DeKalb County District Attorney. (n.d.). SB440 Unit. Office of the DeKalb County District Attorney. Retrieved March 22, 2026, from https://www.dekalbda.org/divisions_special_units/special_units/sb440_unit/index.php Ctrl + C copy link Ctrl + K open source Copied . In 2021, there were approximately 2,800 U.S. youth transferred or waived into adult criminal court (Office of Juvenile Justice and Delinquency Prevention, 2025b) Office of Juvenile Justice and Delinquency Prevention. (2025b, February 21). Juvenile Court Case Processing. Department of Justice. https://ojjdp.ojp.gov/statistical-briefing-book/court/faqs/jcscf_display Ctrl + C copy link Ctrl + K open source Copied .

The overall process is also represented in OJJDP's national pathway diagram (Office of Juvenile Justice and Delinquency Prevention, n.d.-a) Office of Juvenile Justice and Delinquency Prevention. (n.d.-a). Case Flow Diagram. Department of Justice. Office of Juvenile Justice and Delinquency Prevention. Retrieved March 22, 2026, from https://ojjdp.ojp.gov/statistical-briefing-book/structure_process/case Ctrl + C copy link Ctrl + K open source Copied .

"The juvenile justice system is not part of the criminal justice system. In most jurisdictions, it includes separate judges and separate courtrooms from the adult system." (Office of Juvenile Justice and Delinquency Prevention, n.d.-b) Office of Juvenile Justice and Delinquency Prevention. (n.d.-b). Facts About Youth Crime | Juvenile Justice 101. Retrieved March 22, 2026, from https://ojjdp.ojp.gov/juvenile-justice-101 Ctrl + C copy link Ctrl + K open source Copied

Overview

The Juvenile Justice and Delinquency Prevention Act includes major protections for youth (Office of Juvenile Justice and Delinquency Prevention, n.d.-b) Office of Juvenile Justice and Delinquency Prevention. (n.d.-b). Facts About Youth Crime | Juvenile Justice 101. Retrieved March 22, 2026, from https://ojjdp.ojp.gov/juvenile-justice-101 Ctrl + C copy link Ctrl + K open source Copied :

• Juveniles should not be held in adult jails and lockups.
• If juveniles are held in adult facilities, they cannot see or hear adult inmates.
• Juveniles should not be detained for status offenses.
• States must work to reduce racial and ethnic disparities within youth justice systems.

OJJDP also notes that many states use Balanced and Restorative Justice (BARJ), which focuses on public safety, youth skill development, and accountability to victims and communities (Office of Juvenile Justice and Delinquency Prevention, n.d.-b) Office of Juvenile Justice and Delinquency Prevention. (n.d.-b). Facts About Youth Crime | Juvenile Justice 101. Retrieved March 22, 2026, from https://ojjdp.ojp.gov/juvenile-justice-101 Ctrl + C copy link Ctrl + K open source Copied .

Underage Prosecution, Pregnancy, and Risks in Detention

Criminalization of Pregnancy and Related Offenses

While underage pregnancy itself is not directly prosecuted, minors may still face criminal charges related to their pregnancy or its outcome. Laws originally designed for other purposes are often applied in these cases, particularly when a pregnancy ends or is concealed.

For example, in Nebraska, Celeste Burgess, a 17-year-old, was sentenced to "three months in jail" and "two years of probation" for disposing of a fetus after a self-managed abortion, while her mother faced up to five years in prison for assisting her (Bailey, 2023) Bailey, C. (2023, July 21). Nebraska teen jailed for illegal disposal of her aborted foetus. BBC News. https://www.bbc.com/news/world-us-canada-66271537 Ctrl + C copy link Ctrl + K open source Copied .

These prosecutions often rely on laws such as:

• Abuse of a corpse
• Concealing a birth
• Manslaughter
• Chemical endangerment of a child
• Practicing medicine without a license

Although these laws are not explicitly written to target minors, they are frequently applied in situations where young individuals experience fear, lack of access to care, or limited knowledge of legal and medical systems.

Sexual Victimization of Youth in Detention

Youth placed in detention facilities face a significant risk of sexual abuse. According to the Bureau of Justice Statistics (BJS), 7.1% of youth in juvenile correctional facilities reported sexual victimization in 2018 (Bureau of Justice Statistics, 2019) Bureau of Justice Statistics. (2019). Sexual Victimization Reported by Youth in Juvenille Facilities, 2018 [Summary]. https://bjs.ojp.gov/content/pub/pdf/svryjf18_sum.pdf Ctrl + C copy link Ctrl + K open source Copied .

Although this represents a decline from earlier years - 12% in 2009 and 9.5% in 2012 - the rates remain alarmingly high (Office Of Justice Programs, 2009) Office Of Justice Programs. (2009, December 31). 12 Percent of Adjudicated Youth Report Sexual Victimization in Juvenile Facilities [Memo]. https://bjs.ojp.gov/sites/g/files/xyckuh236/files/media/document/svjfry09pr.pdf Ctrl + C copy link Ctrl + K open source Copied (Bureau of Justice Statistics, 2025) Bureau of Justice Statistics. (2025). PREA Data Collection Activities, 2024 (No. 309976; PREA Data Collection Activities). US Department of Justice. https://bjs.ojp.gov/document/pdca24.pdf Ctrl + C copy link Ctrl + K open source Copied .

Notably, youth in juvenile facilities experience higher rates of sexual victimization than adults in prisons (4.0%) or jails (3.2%) (Bureau of Justice Statistics, 2025) Bureau of Justice Statistics. (2025). PREA Data Collection Activities, 2024 (No. 309976; PREA Data Collection Activities). US Department of Justice. https://bjs.ojp.gov/document/pdca24.pdf Ctrl + C copy link Ctrl + K open source Copied .

Even more concerning, less than 10% of minors who experience sexual abuse report it, suggesting that actual rates may be significantly higher than documented (Seacrest, 2025) Seacrest, L. (2025). Abused by the State: The Hidden Crisis Inside America's Juvenile Detention System. R Street. https://assets.aecf.org/m/resourcedoc/rstreet-abusedbythestate-2025.pdf Ctrl + C copy link Ctrl + K open source Copied .

Risks in Adult Facilities

When juveniles are placed in adult facilities, the risks increase dramatically. Federal law notes that juveniles are five times more likely to be sexually assaulted in adult facilities than in juvenile facilities, often within the first 48 hours of incarceration (United States Code, 2003) Prison Rape Elimination Act (PREA), United States Code SS 30301 - Findings (2003). https://uscode.house.gov/view.xhtml?req=(title:34%20section:30301%20edition:prelim) Ctrl + C copy link Ctrl + K open source Copied .

This highlights the dangers of prosecuting youth as adults, particularly when considering the physical and psychological risks associated with incarceration.

Family and Pregnancy in Detention

Data from the Office of Juvenile Justice and Delinquency Prevention shows that 12% of youth in custody report currently expecting a child, and 20% either have or are expecting children (Sedlak & Bruce, 2010) Sedlak, A. J., & Bruce, C. (2010). Youth's Characteristics and Backgrounds. Office of Juvenile Justice and Delinquency Prevention. https://www.ojp.gov/pdffiles1/ojjdp/227730.pdf Ctrl + C copy link Ctrl + K open source Copied .

This reflects the broader reality that many incarcerated youth are navigating complex family, health, and socioeconomic challenges - factors that are often overlooked in punitive justice approaches. Related national reporting on custody-related pregnancy and birth outcomes is also tracked by the Prison Policy Initiative (Wang & Schindeler, 2025) Wang, L., & Schindeler, B. (2025, July 1). Birth behind bars: Ten years of U.S. jail births covered in the news highlight horrific experiences and minimal data collection. Prison Policy Intiative Briefings. https://www.prisonpolicy.org/blog/2025/07/01/jail_births_media_project/ Ctrl + C copy link Ctrl + K open source Copied .

Introduction

The number of youth detentions has fallen drastically since its peak in the late 1990s, with the one-day count of youths in residential placements falling from 107,493 in 1999, the peak year, to roughly 29,314 in 2023 (Rovner, 2025) Rovner, J. (2025, November 20). Youth Justice by the Numbers. The Sentencing Project. https://www.sentencingproject.org/policy-brief/youth-justice-by-the-numbers/ Ctrl + C copy link Ctrl + K open source Copied . As reported by the Sentencing Project, an advocacy group focused on changing sentencing and addressing racial bias in the criminal justice system, 45% of the youths in this one-day count were held in detention awaiting adjudication, equivalent to trial in the criminal justice system, and 53% were committed to a secure facility, equivalent to being imprisoned (Rovner, 2025) Rovner, J. (2025, November 20). Youth Justice by the Numbers. The Sentencing Project. https://www.sentencingproject.org/policy-brief/youth-justice-by-the-numbers/ Ctrl + C copy link Ctrl + K open source Copied .

This one-day count does not accurately depict the scope youth detainment, however, with the Sentencing Project stating that there are roughly 150,000 detention admissions in 2022, the most recent data, with this figure even excluding youths held "on criminal charges, for violations of probation, or for status offenses" (Rovner, 2025) Rovner, J. (2025, November 20). Youth Justice by the Numbers. The Sentencing Project. https://www.sentencingproject.org/policy-brief/youth-justice-by-the-numbers/ Ctrl + C copy link Ctrl + K open source Copied . As common as youth detainment is though, it is less efficient and effective than alternatives.

Detainment centers are poor environments

As an example, investigations by the Lexington Herald-Leader in Kentucky identified more than 100 incidents between 2018 and 2021 where staff in juvenile correctional facilities used excessive force against the youths, with several cases involving youths being hospitalized. Furthermore, the newspaper reported there were instances where facility staff inappropriately engaged in sexual contact with the detained children, used racial slurs, threatened violence, failed to stop sexual assault between the detained youth, or were unable to contain riots, forcing the police to step in (Seacrest, 2025) Seacrest, L. (2025). Abused by the State: The Hidden Crisis Inside America's Juvenile Detention System. R Street. https://assets.aecf.org/m/resourcedoc/rstreet-abusedbythestate-2025.pdf Ctrl + C copy link Ctrl + K open source Copied .

Sexual abuse is not an issue specific to Kentucky, however, with the National Survey of Youth in Custody report published by the Bureau of Justice Statistics in 2019 finding that an estimated 7.1% of juveniles held in detention centers reported sexual victimization in 2018, with some states reporting as high as 21.5% of juveniles experiencing sexual abuse (Smith & Stroop, 2019) Smith, E., & Stroop, J. (2019). Sexual Victimization Reported by Youth in Juvenile Facilities, 2018 (National Survey of Youth in Custody) [Special Report]. Bureau of Justice Statistics. https://bjs.ojp.gov/content/pub/pdf/svryjf18.pdf Ctrl + C copy link Ctrl + K open source Copied . Disheartingly, according to a report by R Street, less than one tenth of all sexual abuse allegations are verified and the perpetrators seldom face criminal charges (Seacrest, 2025) Seacrest, L. (2025). Abused by the State: The Hidden Crisis Inside America's Juvenile Detention System. R Street. https://assets.aecf.org/m/resourcedoc/rstreet-abusedbythestate-2025.pdf Ctrl + C copy link Ctrl + K open source Copied .

Moreover, it is not just sexual abuse that is relatively common in these detention facilities. In a report by The Annie E. Casey Foundation, since 2000, 29 states and the District of Columbia have documented systematic maltreatment in their correctional facilities, with another three states reporting substantial evidence of maltreatment (Mendel, 2015) Mendel, R. (2015). Maltreatment of Youth in U.S. Juvenile Corrections Facilities. The Annie E. Case Foundation. https://assets.aecf.org/m/resourcedoc/aecf-maltreatmentyouthuscorrections-2015.pdf Ctrl + C copy link Ctrl + K open source Copied . More recent examples include investigations from the Department of Justice in 2024 regarding five secure facilities managed by the Texas Juvenile Justice Department (TJJD), and found excessive use of physical force and pepper spray, prolonged isolation during detention, stark conditions, inadequate access to mental health and education, and enduring sexual abuse (U.S. Department of Justice & Civil Rights Division, 2024) U.S. Department of Justice & Civil Rights Division. (2024). Investigation of the Texas Juvenile Justice Department [Findings Report]. https://www.justice.gov/d9/2024-07/2024_tjjd_findings_report.pdf Ctrl + C copy link Ctrl + K open source Copied .

Specifically, the report details that children can commonly spend between 17 to 22 hours a day alone in their cells all the while forced to stay longer in these facilities as the DOJ found that in a period of 13 months, 100% of children with disabilities got their sentence extended and 93% got their sentence extended at least twice, effectively adding an average of eight months to their sentences (U.S. Department of Justice & Civil Rights Division, 2024) U.S. Department of Justice & Civil Rights Division. (2024). Investigation of the Texas Juvenile Justice Department [Findings Report]. https://www.justice.gov/d9/2024-07/2024_tjjd_findings_report.pdf Ctrl + C copy link Ctrl + K open source Copied . However, none of these findings were particularly new, as the TJJD failed to implement measures to prevent continued sexual abuse even after more than two decades of notice, ignoring problems regarding staff training and oversight, leading to a pervasive atmosphere of sexual abuse, grooming, and lack of staff accountability and training (U.S. Department of Justice & Civil Rights Division, 2024) U.S. Department of Justice & Civil Rights Division. (2024). Investigation of the Texas Juvenile Justice Department [Findings Report]. https://www.justice.gov/d9/2024-07/2024_tjjd_findings_report.pdf Ctrl + C copy link Ctrl + K open source Copied . Unfortunately, the TJJD's staffing issues are not specific to Texas, with the report by R Street indicating that 90% of these state run centers are reporting moderate to severe staffing shortages, with some areas being short 30% to 40% on staff, leading to lower hiring standards and inadequate training (Seacrest, 2025) Seacrest, L. (2025). Abused by the State: The Hidden Crisis Inside America's Juvenile Detention System. R Street. https://assets.aecf.org/m/resourcedoc/rstreet-abusedbythestate-2025.pdf Ctrl + C copy link Ctrl + K open source Copied .

Experiencing abuse has significant consequences. According to a 2014 study in Southern California, 77.4% of children reported experiencing one or more forms of physical, psychological, or sexual abuse during detention and found that the number of incidents of abuse experienced was positively correlated with social and emotional problems after release, with more than one third of youth reporting mild to significant depression symptoms and 14.5% showing clinically significant signs of posttraumatic stress reactions (Dierkhising et al., 2014) Dierkhising, C. B., Lane, A., & Natsuaki, M. N. (2014). Victims behind bars: A preliminary study of abuse during juvenile incarceration and post-release social and emotional functioning. Psychology, Public Policy, and Law, 20(2), 181-190. https://doi.org/10.1037/law0000002 Ctrl + C copy link Ctrl + K open source Copied . These statistics highlight that there are serious ethical considerations with youth detention and detention should be minimized to avoid traumatizing children. However, only 8.5% of youth arrests are categorized by FBI Part I violent crimes (aggravated assault, robbery, rape, and murder) (Rovner, 2025) Rovner, J. (2025, November 20). Youth Justice by the Numbers. The Sentencing Project. https://www.sentencingproject.org/policy-brief/youth-justice-by-the-numbers/ Ctrl + C copy link Ctrl + K open source Copied , with the most serious offence for 29.3% of detained youth being public order or technical violations (Office of Juvenile Justice and Delinquency Prevention, 2025a) Office of Juvenile Justice and Delinquency Prevention. (2025a). OJJDP Statistical Briefing Book [Online]. Department of Justice. https://ojjdp.ojp.gov/statistical-briefing-book/structure_process/faqs/QA04111 Ctrl + C copy link Ctrl + K open source Copied .

Detainment is ineffective and costly

In a report by The Annie E. Casey Foundation in 2011, 70% to 80% of youth who left their residential placements were rearrested after two or three years and 45% to 72% were then found delinquent in juvenile court or guilty in the criminal justice system (Mendel, 2011) Mendel, R. (2011). No Place for Kids: The Case for Reducing Juvenile Incarceration. https://www.aecf.org/resources/no-place-for-kids-full-report Ctrl + C copy link Ctrl + K open source Copied . Moreover, a later review by the Sentencing Project found that the recidivism rates across 10 states have not changed significantly since the original report was released (Mendel, 2023) Mendel, R. (2023). Why Youth Incarceration Fails: An Updated Review of the Evidence. The Sentencing Project. https://www.sentencingproject.org/reports/why-youth-incarceration-fails-an-updated-review-of-the-evidence/ Ctrl + C copy link Ctrl + K open source Copied .

Given the context that 63% of youth referred to juvenile court were never referred again (Puzzanchera & Hockenberry, 2022) Puzzanchera, C., & Hockenberry, S. (2022). Patterns of Juvenile Court Referrals of Youth Born in 2000. Office of Justice Programs. https://ojjdp.ojp.gov/publications/patterns-of-juvenile-court-referrals.pdf Ctrl + C copy link Ctrl + K open source Copied , detention centers are correlated with a negative effect on recidivism rates. Moreover, when compared to other alternatives such as probation or diversion to community programs, studies indicate that detention facilities perform worse than these alternatives or there was no benefit in detaining youth (Mendel, 2023) Mendel, R. (2023). Why Youth Incarceration Fails: An Updated Review of the Evidence. The Sentencing Project. https://www.sentencingproject.org/reports/why-youth-incarceration-fails-an-updated-review-of-the-evidence/ Ctrl + C copy link Ctrl + K open source Copied , calling into question whether residential placements are ethical.

Other than considering recidivism rates, detention facilities also negatively impact the educational outcomes of detained youth. A study on educational outcomes and youth detainment in Washington State published in 2019 found that after controlling for background, detention was associated with a 28% decrease in high school diplomas (Gertseva et al., 2019) Gertseva, A., McCurley, C., Wang, W., & Sanford, R. (2019). Education Outcome Characteristics of Students Admitted to Juvenile Detention. Prepared for Education Research and Data Center - Washington State Office of Financial Management. https://erdc.wa.gov/sites/default/files/2025-12/publication_201901_juvenile_detention_outcomes_0.pdf Ctrl + C copy link Ctrl + K open source Copied . Additionally, the same study found detention was positively correlated with enrollment in two-year colleges but did not affect four-year college enrollment; however, the difference in four-year college enrollment rates was staggering, with 0.8% of detained students attending a four-year college as opposed to 13.4% of non-detained students (Gertseva et al., 2019) Gertseva, A., McCurley, C., Wang, W., & Sanford, R. (2019). Education Outcome Characteristics of Students Admitted to Juvenile Detention. Prepared for Education Research and Data Center - Washington State Office of Financial Management. https://erdc.wa.gov/sites/default/files/2025-12/publication_201901_juvenile_detention_outcomes_0.pdf Ctrl + C copy link Ctrl + K open source Copied .

In general, the study found that detention had a weak effect on educational outcomes when considering other factors, claiming the root cause was these youths being systematically failed beforehand. A report by the Sentencing Project indicates that detainment has been found by multiple other local studies to negatively impact high school graduation rates, with detainment correlated with decreasing graduation rates anywhere between 13% to around 50% (Mendel, 2023) Mendel, R. (2023). Why Youth Incarceration Fails: An Updated Review of the Evidence. The Sentencing Project. https://www.sentencingproject.org/reports/why-youth-incarceration-fails-an-updated-review-of-the-evidence/ Ctrl + C copy link Ctrl + K open source Copied .

As mentioned by Stevenson in Just Mercy, adolescent brains are vastly different from adult brains (Stevenson, 2015) Stevenson, B. (2015). Just mercy: A story of justice and redemption (Spiegel&Grau trade paperback edition) [Print]. Spiegel & Grau. https://justmercy.eji.org/ Ctrl + C copy link Ctrl + K open source Copied . As summarized by the APA from its amicus briefs in the Miller v. Alabama and Jackson v. Hobbs cases, juveniles do not have fully developed brains, so they do not fully understand the consequences of their actions; juveniles are vulnerable to negative peer influence; and juveniles have malleable character, so they have a greater chance for rehabilitation (American Psychological Association, 2012) American Psychological Association. (2012). Miller v. Alabama and Jackson v. Hobbs [Amicus Brief]. American Psychological Association. https://www.apa.org/about/offices/ogc/amicus/miller-hobbs.pdf Ctrl + C copy link Ctrl + K open source Copied . For example, 63% of youth referred to juvenile court were never referred again (Puzzanchera & Hockenberry, 2022) Puzzanchera, C., & Hockenberry, S. (2022). Patterns of Juvenile Court Referrals of Youth Born in 2000. Office of Justice Programs. https://ojjdp.ojp.gov/publications/patterns-of-juvenile-court-referrals.pdf Ctrl + C copy link Ctrl + K open source Copied . Extending this reasoning, sending youths to detainment centers where one in fourteen will report being sexually victimized and where detainment carries long-term physical health, mental health, and economic consequences, detainment should be reconsidered.

Although less important than the terrible treatment of detained youth, detainment also commands a high price, with research by the Justice Policy Institute finding the annual cost to hold a youth in secure detention was more than $214,620 in 2020, with some states spending upwards of $500,000 per year per youth (Justice Policy Institute, 2014) Justice Policy Institute. (2014). Sticker Shock 2020: The Cost of Youth Incarceration. Justice Policy Institute. https://justicepolicy.org/research/policy-brief-2020-sticker-shock-the-cost-of-youth-incarceration/ Ctrl + C copy link Ctrl + K open source Copied .

Diversion to community programs are more effective and less expensive

The primary goal of diversion programs are to minimize contact with the juvenile justice system and reduce the criminal history arrested youths will develop. They are much more effective than detainment. In a 2020 study analyzing the effectiveness of diversion programs in Harris County, Texas, youths taking part in diversion had 48% fewer convictions than comparable youth who were detained, and experienced better employment outcomes, being employed 49% more weeks and having total wages increase by 93% (Mueller-Smith & Schnepel, 2021) Mueller-Smith, M., & T. Schnepel, K. (2021). Diversion in the Criminal Justice System. The Review of Economic Studies, 88(2), 883-936. https://doi.org/10.1093/restud/rdaa030 Ctrl + C copy link Ctrl + K open source Copied .

In addition to being more effective than detention, they are also far less expensive, with alternatives like Functional Family Therapy, associated with a 35% decrease in felonies and 30% decrease in violent crime, costing an average of $7,921/person/year, and Multisystemic Therapy, associated with a 40% decrease in future adjudications, costing an average of $8,484/person/year (Bandy-Fattah, 2024) Bandy-Fattah, T. (with Spaulding, J.). (2024). Costly, punitive juvenile justice approaches undermine healthy adolescent development. Council for A Strong America. https://strongnation.s3.amazonaws.com/documents/1866/43e2579d-fa40-43e8-8a39-e168b996b24f.pdf?1718718818&inline;%20filename=%22Costly,%20punitive%20juvenile%20justice%20approaches%20undermine%20healthy%20adolescent%20development.pdf%22 Ctrl + C copy link Ctrl + K open source Copied .

Despite clear advantages, only 46% of youth are diverted from formal processing in the U.S., compared to 76% in Germany or 83% in Norway. Moreover, there are significant racial discrepancies within diversion systems, with white youth being diverted far more frequently than black youth (Mendel, 2024) Mendel, R. (2024). Protect and Redirect: America's Growing Movement to Divert Youth Out of the Justice System. The Sentencing Project. https://www.sentencingproject.org/reports/protect-and-redirect-americas-growing-movement-to-divert-youth-out-of-the-justice-system/ Ctrl + C copy link Ctrl + K open source Copied .

Moreover, although a little less than half of youth are now diverted from formal processing, pretrial detention is still prevalent, with disproportionate detention of minorities (Wen et al., 2023) Wen, A., Gubner, N. R., Garrison, M. M., & Walker, S. C. (2023). Racial disparities in youth pretrial detention: A retrospective cohort study grounded in critical race theory. Health & Justice, 11(1), 14. https://doi.org/10.1186/s40352-022-00203-8 Ctrl + C copy link Ctrl + K open source Copied . Although youth detained during pretrial detention will most likely not be placed in secure detention facilities, it is associated with tripling the likelihood of being sentenced to incarceration and a 33% increase in subsequent felony convictions (Mendel, 2023) Mendel, R. (2023). Why Youth Incarceration Fails: An Updated Review of the Evidence. The Sentencing Project. https://www.sentencingproject.org/reports/why-youth-incarceration-fails-an-updated-review-of-the-evidence/ Ctrl + C copy link Ctrl + K open source Copied .

Although there have been improvements in detention centers, they still fail to reform children, subject them to abusive conditions, all while being extremely expensive, raising questions about continued use of these facilities. More recently, there has been a surge in diversion programs, which have been shown to be more effective, although pretrial detention of youths is still prevalent.

The evidence across this article points to one unavoidable conclusion: the juvenile justice system can only be legitimate if it reflects its stated purpose of rehabilitation rather than replicating the punishment-first logic of adult prosecution. We traced how historical fear and policy backlash hardened legal responses to youth, how current practices still expose children to confinement conditions associated with trauma and abuse, and how detention often delivers poor public-safety returns at extraordinary human and financial cost (Mendel, 2023) Mendel, R. (2023). Why Youth Incarceration Fails: An Updated Review of the Evidence. The Sentencing Project. https://www.sentencingproject.org/reports/why-youth-incarceration-fails-an-updated-review-of-the-evidence/ Ctrl + C copy link Ctrl + K open source Copied (Rovner, 2025) Rovner, J. (2025, November 20). Youth Justice by the Numbers. The Sentencing Project. https://www.sentencingproject.org/policy-brief/youth-justice-by-the-numbers/ Ctrl + C copy link Ctrl + K open source Copied (Justice Policy Institute, 2014) Justice Policy Institute. (2014). Sticker Shock 2020: The Cost of Youth Incarceration. Justice Policy Institute. https://justicepolicy.org/research/policy-brief-2020-sticker-shock-the-cost-of-youth-incarceration/ Ctrl + C copy link Ctrl + K open source Copied . Reform is not an abstract ideal; it is a practical and moral requirement: limit detention to truly necessary cases, expand diversion and community-based interventions, center treatment and education, and measure success by long-term recovery rather than short-term punishment. If the system is meant to help young people change, then it must be redesigned to give them a real chance to do so.