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, 2024) Roth Legal. (2024). Juvenile crimes: How courts handle offenders under 18. Retrieved from https://www.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, 2015) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. (2015). Trying juveniles as adults. Retrieved 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, 2014) Stevenson, B. (2014). Just mercy: A story of justice and redemption. New York, NY: Spiegel & Grau. Retrieved from https://www.penguinrandomhouse.com/books/314982/just-mercy-by-bryan-stevenson/ 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 Law Resource, 2024) Los Angeles Criminal Law Resource. (2024). Juvenile court process. Retrieved 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. (U.S. Department of Justice, 2024) U.S. Department of Justice. (2024). Trends in youth arrests. Retrieved from 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. (Center for Health Journalism, 2024) Center for Health Journalism. (2024). Juvenile justice system plagued by striking racial disparities health big one. Retrieved from 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. (The Sentencing Project, 2024) The Sentencing Project. (2024). Why youth incarceration fails: An updated review of the evidence. Retrieved from 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. (Zinn Education Project, 2024) Zinn Education Project. (2024). The kissing case. Retrieved from 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. (Zinn Education Project, 2024) Zinn Education Project. (2024). The kissing case. Retrieved from 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. (Juvenile Justice Information Exchange, 2017) Juvenile Justice Information Exchange. (2017, February 27). Juvenile justice reforms went backwards in the 90s. Retrieved from 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, 2015) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. (2015). Trying juveniles as adults. Retrieved 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, 2024) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. (2024). Juvenile justice 101. Retrieved 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, 2024) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. (2024). Juvenile justice 101. Retrieved 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 (OJJDP, 2024) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. (2024). Court statistics. Retrieved from https://www.ojjdp.gov/ojstatbb/court/JCSCF_Display.asp 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 (OJJDP, 2024) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. (2024). Statistical briefing book glossary. Retrieved from https://www.ojjdp.gov/ojstatbb/glossary.html Ctrl + C copy link Ctrl + K open source Copied (Georgia, 2020) Georgia. (2020). Georgia code § 15-11-582. Retrieved from https://law.justia.com/codes/georgia/2020/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 (OJJDP, 2024) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. (2024). Court statistics. Retrieved from https://www.ojjdp.gov/ojstatbb/court/JCSCF_Display.asp 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 (Georgia Department of Juvenile Justice, 2024) Georgia Department of Juvenile Justice. (2024). Criminal justice process for juveniles. Retrieved 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 (DeKalb County District Attorney, 2024) DeKalb County District Attorney. (2024). SB 440 unit. Retrieved 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 (OJJDP, 2024) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. (2024). Court statistics. Retrieved from https://www.ojjdp.gov/ojstatbb/court/JCSCF_Display.asp 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, 2024) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. (2024). Juvenile justice process diagram. Retrieved from https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/images/2021-11/flowbluemedwebalt2.gif 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, 2024) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. (2024). Juvenile justice 101. Retrieved 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, 2024) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. (2024). Juvenile justice 101. Retrieved 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, 2024) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. (2024). Juvenile justice 101. Retrieved 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 (BBC News, 2023) BBC News. (2023, December 6). Nebraska teen sentenced over abortion case. Retrieved from https://www.bbc.co.uk/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, 2018) Bureau of Justice Statistics. (2018). Sexual victimization reported by youth in juvenile facilities, 2018 (Summary). Retrieved from 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 (Bureau of Justice Statistics, 2009) Bureau of Justice Statistics. (2009). Sexual victimization in juvenile facilities, 2009. Retrieved from 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, 2024) Bureau of Justice Statistics. (2024). Sexual victimization in juvenile facilities. Retrieved from 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, 2024) Bureau of Justice Statistics. (2024). Sexual victimization in juvenile facilities. Retrieved from 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 (Child Safety Legal Resource, 2024) Child Safety Legal Resource. (2024). Minors in prison. Retrieved from https://childsafety.losangelescriminallawyer.pro/minors-in-prison.html 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 (U.S. Code, 2024) U.S. Code. (2024). 34 U.S.C. § 30301. Retrieved from 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 (Office of Juvenile Justice and Delinquency Prevention, 2024) U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. (2024). Youth in custody and pregnancy data. Retrieved from 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 (Prison Policy Initiative, 2025) Prison Policy Initiative. (2025, July 1). Jail births media project. Retrieved from https://www.prisonpolicy.org/blog/2025/07/01/jail_births_media_project/ Ctrl + C copy link Ctrl + K open source Copied .

The number of youth detentions has fallen drastically since its peak in the late 1990s, with the one-day count of youth in residential placements dropping from 107,493 in 1999 to 29,314 in 2023 (Office of Juvenile Justice and Delinquency Prevention, 2025) Puzzanchera, C., Sladky, T. J., & Kang, W. (2025). Easy access to the census of juveniles in residential placement. U.S. Office of Juvenile Justice and Delinquency Prevention. Retrieved from https://www.ojjdp.gov/ojstatbb/ezacjrp/ Ctrl + C copy link Ctrl + K open source Copied . However, the remaining detained population still represents a large volume of confinement. The Sentencing Project reports that among youth counted in placement, 45% were in detention while awaiting adjudication and 53% were committed to secure facilities (The Sentencing Project, 2024) The Sentencing Project. (2024). Youth justice by the numbers. Retrieved from https://www.sentencingproject.org/policy-brief/youth-justice-by-the-numbers/ Ctrl + C copy link Ctrl + K open source Copied .

A one-day census also understates the scale of confinement over time. The Sentencing Project estimates that roughly 150,000 youth were detained in 2022, even before counting additional youth held on criminal charges, probation violations, or status offenses (The Sentencing Project, 2024) The Sentencing Project. (2024). Youth justice by the numbers. Retrieved from https://www.sentencingproject.org/policy-brief/youth-justice-by-the-numbers/ Ctrl + C copy link Ctrl + K open source Copied . As common as youth detention remains, evidence suggests confinement is often less effective than community-based alternatives.

Detention centers are poor environments

Investigations in Kentucky documented more than 100 incidents between 2018 and 2021 in which staff in juvenile facilities used excessive force, including episodes that led to hospitalization. Reporting also described sexual misconduct by staff, racial slurs, threats of violence, failure to stop sexual assault between detained youth, and repeated loss of control requiring police intervention (R Street Institute, 2024) R Street Institute. (2024). Abused by the state: The hidden crisis inside America's juvenile detention system. Retrieved from https://www.rstreet.org/research/abused-by-the-state-the-hidden-crisis-inside-americas-juvenile-detention-system/ Ctrl + C copy link Ctrl + K open source Copied .

Sexual abuse is not limited to one state. The Bureau of Justice Statistics reported that an estimated 7.1% of youth in juvenile facilities experienced sexual victimization in 2018, with some jurisdictions reporting rates as high as 21.5% (Bureau of Justice Statistics, 2018) Bureau of Justice Statistics. (2018). Sexual victimization reported by youth in juvenile facilities, 2018 (Summary). Retrieved from https://bjs.ojp.gov/content/pub/pdf/svryjf18_sum.pdf Ctrl + C copy link Ctrl + K open source Copied .

Experiencing abuse has major long-term consequences. A Southern California study reported that 77.4% of detained youth experienced one or more forms of physical, psychological, or sexual abuse, and that a higher number of abuse incidents was associated with more social and emotional problems after release. More than one third of surveyed youth reported mild to significant depression symptoms, and 14.5% showed clinically significant posttraumatic stress reactions (Foy et al., 2014) Foy et al. (2014). Childhood maltreatment and juvenile justice outcomes. Law and Human Behavior. Retrieved from https://doi.org/10.1037/law0000002 Ctrl + C copy link Ctrl + K open source Copied . These outcomes raise serious ethical concerns, especially because only 8.5% of youth arrests involve FBI Part I violent crimes (The Sentencing Project, 2024) The Sentencing Project. (2024). Youth justice by the numbers. Retrieved from https://www.sentencingproject.org/policy-brief/youth-justice-by-the-numbers/ Ctrl + C copy link Ctrl + K open source Copied , while public-order and technical violations remain a substantial share of youth detention drivers (Office of Juvenile Justice and Delinquency Prevention, 2025) Office of Juvenile Justice and Delinquency Prevention. (2025). Offense profile of detained youth. Retrieved from https://www.ojjdp.gov/ojstatbb/ezacjrp/asp/Offense_Detained.asp Ctrl + C copy link Ctrl + K open source Copied .

Detention is ineffective and costly

A 2011 Annie E. Casey Foundation report found that 70% to 80% of youth leaving residential placement were rearrested within two to three years, and 45% to 72% were later adjudicated delinquent in juvenile court or convicted in criminal court (Annie E. Casey Foundation, 2011) Annie E. Casey Foundation. (2011). No place for kids: The case for reducing juvenile incarceration. Retrieved from https://files.eric.ed.gov/fulltext/ED527944.pdf Ctrl + C copy link Ctrl + K open source Copied . A later Sentencing Project review found that recidivism rates across 10 states had not meaningfully improved over that period (The Sentencing Project, 2024) The Sentencing Project. (2024). Why youth incarceration fails: An updated review of the evidence. Retrieved from https://www.sentencingproject.org/reports/why-youth-incarceration-fails-an-updated-review-of-the-evidence/ Ctrl + C copy link Ctrl + K open source Copied .

This raises a core policy question: if 63% of youth referred to juvenile court are never referred again (Office of Juvenile Justice and Delinquency Prevention, 2024) Office of Juvenile Justice and Delinquency Prevention. (2024). Patterns of juvenile court referrals. Retrieved from https://ojjdp.ojp.gov/publications/patterns-of-juvenile-court-referrals.pdf Ctrl + C copy link Ctrl + K open source Copied , why rely so heavily on the most restrictive response? Comparative studies indicate that detention frequently performs worse than probation and diversion, or produces no measurable benefit, when compared with community alternatives (The Sentencing Project, 2024) The Sentencing Project. (2024). Why youth incarceration fails: An updated review of the evidence. Retrieved from https://www.sentencingproject.org/reports/why-youth-incarceration-fails-an-updated-review-of-the-evidence/ Ctrl + C copy link Ctrl + K open source Copied .

The financial burden is also substantial. Justice Policy Institute data estimated that the annual cost to confine one youth in secure detention exceeded $214,620 in 2020, with some states averaging more than $500,000 per youth per year (Justice Policy Institute, 2020) Justice Policy Institute. (2020, July 30). Sticker shock: The cost of youth incarceration [Youth Justice, Community Reinvestment]. Retrieved from https://justicepolicy.org/research/policy-brief-2020-sticker-shock-the-cost-of-youth-incarceration Ctrl + C copy link Ctrl + K open source Copied .

Diversion and community programs are consistently shown to be more effective, less harmful, and less expensive than confinement-focused approaches (The Sentencing Project, 2024) The Sentencing Project. (2024). Why youth incarceration fails: An updated review of the evidence. Retrieved from https://www.sentencingproject.org/reports/why-youth-incarceration-fails-an-updated-review-of-the-evidence/ Ctrl + C copy link Ctrl + K open source Copied (The Sentencing Project, 2025) The Sentencing Project. (2025). Protect and redirect: America's growing movement to divert youth out of the justice system. Retrieved from 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 (Justice Policy Institute, 2020) Justice Policy Institute. (2020, July 30). Sticker shock: The cost of youth incarceration [Youth Justice, Community Reinvestment]. Retrieved from https://justicepolicy.org/research/policy-brief-2020-sticker-shock-the-cost-of-youth-incarceration Ctrl + C copy link Ctrl + K open source Copied .

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 (The Sentencing Project, 2024) The Sentencing Project. (2024). Why youth incarceration fails: An updated review of the evidence. Retrieved from https://www.sentencingproject.org/reports/why-youth-incarceration-fails-an-updated-review-of-the-evidence/ Ctrl + C copy link Ctrl + K open source Copied (The Sentencing Project, 2024) The Sentencing Project. (2024). Youth justice by the numbers. Retrieved from https://www.sentencingproject.org/policy-brief/youth-justice-by-the-numbers/ Ctrl + C copy link Ctrl + K open source Copied (Justice Policy Institute, 2020) Justice Policy Institute. (2020, July 30). Sticker shock: The cost of youth incarceration [Youth Justice, Community Reinvestment]. Retrieved from 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 stability 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.