A new report from Pew Trusts has revealed that one of the keystones to reducing recidivism amongst young people is broken. America’s predilection for jailing
By Matt Clarke / Prison Legal News
Two studies by the LBJ School of Public Affairs at the University of Texas at Austin found that juveniles held in Texas jails while awaiting trial as adults are often isolated with no access to education programs, and that violence remains prevalent in state juvenile facilities in spite of recent reforms.
Texas’ juvenile system, which has been renamed the Texas Juvenile Justice Department (TJJD), was rocked by months of violence during 2012 in the agency’s six secure facilities – especially the Giddings State School and Corsicana Residential Treatment Center. The spike in violence echoed widespread reports of abuse and misconduct in 2007 that resulted in substantial changes in the state’s juvenile justice system.
For the first study by the LBJ School of Public Affairs (LBJ), 41 jails were asked to complete a survey related to incarcerated juveniles, their access to programs and whether they were separated from adult prisoners. The results indicated there were few prisoners under the age of 17 held in Texas jails – only 34 during the survey months of October and November 2011. The survey also showed that in 30 of the jails – roughly three-fourths – adults and juveniles were incarcerated separately. However, the report noted that juveniles might come into contact with adult prisoners during showers, recreation or meals.
“National research indicates that juveniles in adult facilities are five times more likely to be victims of sexual abuse and rape than youths who are kept in the juvenile system,” according to the report.
On May 7, 2012, two days before the LBJ report was released, Texas Attorney General Greg Abbott issued a ruling requiring jails to separate adult and juvenile prisoners.
By Prison Law Blog
An overwhelming majority of prisoners serving life
sentences without parole for crimes committed as juveniles were exposed to
domestic violence and lived in poverty, while significant numbers failed in
school, were influenced by friends in trouble with the law and grew up in a
home missing at least one parent who was incarcerated, according to a report by
The Sentencing Project.
The report, based on the most comprehensive survey to
date of prisoners serving life sentences for crimes they committed as
juveniles, calls for the elimination of life without parole (LWOP) sentences
for juvenile offenders. The report also recommends a closer inspection of the
racial dynamics of the juvenile justice system, which imposes LWOP sentences on
black youths at an alarmingly higher rate than on white youths.
“Juveniles serving life sentences have had their
lives defined by a serious crime committed in their youth, but it is not a
complete picture of who they are,” wrote Ashley Nellis, Ph.D., a research
analyst for The Sentencing Project and the report’s author.
“Although it does not excuse their crimes,”
she added, “most people sent to prison for life as youth were failed by
systems that are intended to protect children.”
Researchers for The Sentencing Project collected data
from 1,579 juvenile lifers across the United States between October 2010 and
August 2011. The average time served by the prisoners surveyed was 15 years,
and almost a fourth had been incarcerated at least 21 years.
Restorative justice is a practice that emphasizes repairing the harm caused by crime by bringing victims, offenders, and community members together to reconcile how that will be done. Outcomes from the process can be transformational.
Dr. Howard Zehr, the pioneer of restorative justice in the United States, proclaims, “A restorative justice framework focuses on repairing the harm done to victims and the community through a process of negotiation, mediation, victim empowerment, and reparation. Within this framework, crime and delinquency present a unique opportunity to build relationships and reach an agreement through a collaborative process.”
The process has been utilized with juvenile first time offenders and proven valuable for reducing the rate of reoffending. Recidivism is reduced from 30% using the conventional punitive system down to 8% using restorative practices with youthful offenders.
Restorative justice approaches to minor delinquency or criminal violations have gained popularity in the U.S. and elsewhere since the 1970s and are increasingly employed as responses to serious delinquency or adult criminal behaviors.
The restorative justice process traditionally involves victims and offenders confronting each other in a conference or also referred to as a circle. Both the victim and offender are voluntary participants. A facilitator and co-facilitator along with community members are also present.