Juvenile in Custody & Detention

Juveniles in Custody & Detention: An Empathetic Look at a Complex Issue

The juvenile justice system in America is complicated, to say the least. As a society, we’re conflicted. We want to rehabilitate young offenders and give them a second chance at a successful, crime-free life. But we also want to punish them and keep our communities safe. It’s a delicate balancing act—one our legal system doesn’t always get right.

In this article, we’ll take an in-depth, empathetic look at juveniles in custody and detention. We’ll discuss the pros and cons of the current system, alternatives, and ideas for reform. We’ll also highlight relevant laws and legal precedents that have shaped juvenile justice over the years.

My goal isn’t to preach or propose the perfect solution. I simply want to further the conversation and make people think. These are our children we’re talking about, after all. They deserve our compassion as much as our protection.

Why Detain Juveniles at All?

First, let’s look at the reasons we detain juveniles in the first place. There are basically two schools of thought:

1. Detention as Punishment – We want to punish young offenders and deter future crimes. Locking kids up sends a message that actions have consequences.
2. Detention for Community Safety – We want to protect society from dangerous individuals, regardless of age. Some kids are threats and need to be confined.

In recent decades, the focus has shifted more toward community safety and less on punishment. “Get tough on crime” policies led to a spike in youth detention in the 80s and 90s. Today, the mood is more toward rehabilitation and alternative solutions.

But the fact remains – some juveniles are threats. When a teenager commits violent crimes or shows signs of developing into a lifelong criminal, detention seems necessary.

The trouble is figuring out who these high-risk kids are. It can be hard to tell which juveniles will grow out of their behavior and which are headed for real trouble down the road. This uncertainty complicates the process, as you’ll see below.

The Pros and Cons of Juvenile Detention

Like most complex issues, juvenile detention has reasonable arguments on both sides. Let’s look at some of the pros and cons:

Potential Pros:

• Community Safety – Removing dangerous individuals from society keeps citizens safe in the short term.
• Deterrence – The threat of detention may dissuade some youth from committing crimes.
• Rehabilitation – Locked facilities can provide counseling, education, skills training, etc. to help juveniles reform their behavior.
• Structure – Detention facilities offer structure and discipline some troubled kids lack at home.

Potential Cons:

• High Costs – It costs an average of $240 per day to detain one juvenile, according to a Justice Policy Institute study.
• Mental Harm – Locking up young people, especially for minor crimes, can cause psychological damage.
• Increased Recidivism – Detained youth are more likely to reoffend than those who remain in their communities.
• Lost Opportunity – Removing juveniles from society disrupts positive activities like school, work, and family life.
• Abuse – Sadly, allegations of physical/sexual abuse by staff still plague some detention facilities.
• Disproportionate Minority Confinement – Minority youth are detained at higher rates than their white peers.

As you can see, there are reasonable points on both sides of the issue. So where do we draw the line between community safety and compassion for young offenders? It’s a tough call.

Criticisms of the Current Juvenile Detention System

While juvenile detention plays an important role in our justice system, many believe the current system is flawed and in need of reform. Here are some common criticisms:

• Overuse of Pretrial Detention – It’s estimated that over 100,000 youth per year are locked up while awaiting trial, according to the Annie E. Casey Foundation. Many are non-violent offenders who pose little threat to the community.
• Disproportionate Minority Contact – Minority youth have significantly higher detention rates than white youth charged with similar offenses. This raises serious questions about bias and discrimination in the arrest and detention process.
• Excessive Sentencing – Sentences often seem arbitrary or excessive given the minor nature of many juvenile offenses. Status offenses like truancy and underage drinking rarely seem to warrant confinement.
• Overcrowding and Violence – Detention facilities are often chronically overcrowded. This creates volatile environments where violence can thrive.
• One Size Fits All Approach – Locked facilities take a blanket approach to rehabilitation rather than addressing each juvenile’s unique needs.
• Mental Health Concerns – The system often fails to adequately address the trauma and mental illness underlying many youth’s misbehavior.
• Educational Disruption – Detained youth struggle to keep up with their schoolwork. Many drop out altogether.
• High Recidivism – According to the National Institute of Justice, 55-75% of youth are rearrested within 2-3 years of release. This signals a failure to truly rehabilitate.

While the current system has its merits, it’s clear that reforms are needed. Next, let’s look at some alternative approaches.

Ideas for Reform

While we may always need some form of juvenile detention, most agree the system needs an overhaul. Here are some reform ideas that could improve outcomes for youth and communities:

• Limit detention to violent/chronic offenders – Alternatives should be explored first for low-risk youth.
• Address racial disparities – Identify and correct biases that lead to disproportionate minority confinement.
• Improve conditions – Make facilities more humane and rehabilitative with counseling, education, vocational training, family engagement, etc.
• Smaller regional facilities – Small facilities keep kids closer to home which aids rehabilitation.
• Mental health screening – Identify and treat youths’ mental health issues rather than just punishing behaviors.
• Raise the age of jurisdiction – Several states have raised the maximum age for juvenile court from 17 to 18. This allows older teens access to more rehabilitative juvenile programs.
• Abolish fee and fines – Eliminate fees for probation, ankle monitors, drug tests, etc. which disproportionately burden poor families.
• Provide education and job training – Continuing education and skills training post-release reduces recidivism.
• Reform harsh sentencing laws – Sentencing guidelines should be made more flexible, rational and consider juveniles’ developmental stage.
• Increase funding for alternatives – Policymakers must allocate funds to expand research-backed alternatives to detention.
• Listen to youth advocates – The voices of former detainees and their advocates should inform reforms. They know the system’s flaws.

Small tweaks could make a big difference. With smart reforms, we can maintain community safety while also guiding troubled youth toward productive lives. The well-being of our children and society depends on getting this right.

The Path Forward

When I started researching this article, I expected to find clear-cut answers. But this is anything but a black and white issue. Juvenile detention and reform is complicated.

However, a few things seem clear:

• Community safety must be balanced with compassion for youth.
• High-risk youth may require confinement, but it should be rare and facilities must be humane.
• Alternatives to detention should be explored for low-risk offenders.
• Racial disparities, excessive sentencing, and abuse have no pla ce in juvenile justice.
• Mental illness and trauma among system-involved youth must be addressed.
• Post-release support is key to reducing recidivism.
• Youth advocates should have a seat at the reform table.

There are no easy answers. But we must keep striving to deter crime, rehabilitate youth, and close the revolving door of the justice system. With smart reforms, juvenile detention can become more rare, more humane, and more effective.

The bottom line – we must balance accountability with mercy. Youth deserve punishment but also guidance. With care, even serious young offenders can change course and write a new story. Our juvenile justice system should give them the chance.

What are your thoughts on juvenile detention reform? I welcome perspectives from all sides. Let me know in the comments below!