Jailing Juveniles: The Dangers of Incarcerating Youth in Adult Jails in America
A November 2007 report from the Campaign for Youth Justice, “Jailing Juveniles: The Dangers of Incarcerating Youth in Adult Jails in America,” provides a summary of the risks that youth face when incarcerated in adult jails and a review of the limited federal and state laws protecting them. Every day in America, an average of 7,500 youth are incarcerated in adult jails. The Juvenile Justice and Delinquency Prevention Act (JJDPA) has protected children in the justice system for more than three decades. Under the “Jail Removal” core protection, youth cannot be detained in adult jails except in limited exceptions and in those narrow circumstances the “Sight and Sound Separation” core protection prohibits contact with adults. However these protections do not apply to youth being tried in the adult criminal system.
The report “Jailing Juveniles” shows how difficult is it to keep children safe in adult jails. They have the highest suicide rates of all inmates in jails, as they are 36 times more likely to commit suicide in an adult jail than in a juvenile detention facility. Youth in adult jails are also at great risk of physical and sexual assault, as 21% and 13% of all substantiated victims of inmate-on-inmate sexual violence in jails in 2005 and 2006 respectively, were youth under the age of 18 (surprisingly high since only 1% of jail inmates are juveniles). Congress could easily fix this problem by extending the protections of the Juvenile Justice & Delinquency Prevention Act (JJDPA) that disallow the placement of children in adult jails to protect all children, no matter what court they are in – juvenile or adult.
Jailing Juveniles Full Report (PDF 10.5 MB)
Jailing Juveniles Fact Sheet (PDF 167 KB)
Jailing Juveniles Press Release (PDF 180 KB)
Jailing Juveniles National "Take Action!" Packet (PDF 396 KB)
A Capital Offense: Youth in DC's Adult Criminal Justice System and Strategies for Reform
For this July 2007 report, the Campaign for Youth Justice undertook a study of the status of youth prosecuted in the adult criminal justice system in the District of Columbia. The report highlights several key findings, like the fact that children as young as 15 can be prosecuted as adults, many without review by a judge or a court hearing. They are held in the DC Jail, an adult facility run by the Department of Corrections where there is a dearth of youth appropriate activities and programs. Only a third of the youth attend school, and some youth can spend up to 23 ½ hours a day locked in their cells. Youth are not even eligible for the expanded rehabilitative services provided by the Department of Youth Rehabilitation Services’ (DYRS) under new legislation.
The report calls for the end of pre-trial placement of youth in the DC Jail. It urges policy makers to consider key recommendations that include; Requiring that all transfer cases be decided by a judge; Provide a “reverse” waiver mechanism for youth in adult court; Encourage the Federal Bureau of Prisons to contract with the Department of Youth Rehabilitative Services and; to collect and analyze data on youth tried and sentenced as adults on an on-going basis. Click below to download the full report.
A Capital Offense (PDF 416 KB)
A Capital Offense Press Release (PDF 106 KB)
The Consequences Aren’t Minor: The Impact of Trying Youth as Adults and Strategies for Reform
This March 2007 study examines the laws and data in seven key states: California, Connecticut, Florida, Illinois, North Carolina, Virginia, and Wisconsin. An estimated 200,000 youth end up in the adult system each year, and 40 states allow or require the jailing of these youth in adult facilities before they ever go to trial. They are often held in adult jails for months or years, even though they are charged with nonviolent offenses. Research indicates that sending youth to the adult criminal justice system doesn't work to reduce crime. Jails are not designed to safely hold youth, who are either incarcerated in cells with adults, or separated in forms of isolation that can lead to depression or even suicide.
The laws are not evenly applied, with youth of color and those without access to adequate legal counsel more likely to end up in adult correctional facilities. Nationwide, three out of four young people admitted to adult prison in 2002 were youth of color. The report also notes that juvenile judges are frequently excluded from the decision to prosecute youth as adults. Instead, prosecutors and state laws determine which youth end up in the adult system, no matter how minor the offense.
The report urges policy makers to take advantage of the shift in public opinion and the new adolescent brain development research that inspired the Supreme Court to end the death penalty for minors. The report calls for a ban on the incarceration of youth in adult jails or prisons, and in the rare cases where the seriousness of a crime warrants consideration of prosecution in the adult system, a juvenile court judge should make the decision rather than prosecutors or state law. Click below to download the full report.
Consequences Report Press Release (PDF 36 KB)
