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A Return to Justice - Rethinking our Approach to Juveniles in the System (Hardcover)
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A Return to Justice - Rethinking our Approach to Juveniles in the System (Hardcover)
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Juveniles who commit crimes often find themselves in court systems
that do not account for their young age, but it wasn't always this
way. The original aim of a separate juvenile justice system was to
treat young offenders as the children they were, considering their
unique child status and amenability for reform. Now, after years
punishing young offenders as if they were adults, slowly the
justice system is making changes that would allow the original
vision for juvenile justice to finally materialize. In its original
design, the founders focused on treating youth offenders separately
from adults and with a different approach. The hallmarks of this
approach appreciated the fact that youth cannot fully understand
the consequences of their actions and are therefore worthy of
reduced culpability. The original design for youth justice
prioritized brief and confidential contact with the juvenile
justice system, so as to avoid the stigma that would otherwise mar
a youth's chances for success upon release. Rehabilitation was seen
as the priority, and efforts to redirect wayward youth were to be
implemented when possible and appropriate. The original tenets of
the juvenile justice system were slowly dismantled and replaced
with a system more like the adult criminal justice system, one
which takes no account of age. In recent years, the tide has turned
again. The number of incarcerated youth has been cut in half
nationally. In addition, juvenile justice practices are
increasingly guided by scholarship in adolescent development that
confirms important differences between youth and adults. And,
states and localities are choosing to invest in evidence based
approaches to juvenile crime prevention and intervention rather
than in facilities to lock up errant youth. This book assesses the
strategies and policies that have produced these important shifts
in direction. Important contributing factors include the declining
incidence of youth-committed crime, advances in adolescent brain
science, nationwide budgetary concerns, focused advocacy with
policymakers and practitioners, and successful public education
campaigns that address extreme sanctions for youth such as solitary
confinement and life sentences without the possibility of parole.
Yet more needs to be done. The U.S. Supreme Court has recently
voiced its unfaltering conclusion that children are different from
adults in a series of landmark cases. The question now is how to
take advantage of the opportunity for juvenile justice reform of
the kind that would reorient the juvenile justice system to its
original intent both in policy and practice, and would return to a
system that treats children as children. Using case examples
throughout, Nellis offers a compelling history and shows how we
might continue on the road to reform.
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