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Juvenile Justice

FFIRS 08/18/2011 4:7:45 Page 2

FFIRS 08/18/2011 4:7:45 Page 3

Juvenile Justice

Advancing Research,Policy, and Practice

Edited by

FRANCINE T. SHERMAN andFRANCINE H. JACOBS

John Wiley & Sons, Inc.

FFIRS 08/18/2011 4:7:45 Page 4

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Library of Congress Cataloging-in-Publication Data:

Juvenile justice: advancing research, policy, and practice/edited by Francine T. Sherman and Francine H. Jacobs.

p. cm.

Includes index.

ISBNs 978-0-470-49704-3; 978-1-118-10586-3; 978-1-118-10585-6; 978-1-118-10587-0; 978-1-118-09337-5

1. Juvenile justice, Administration of—United States. 2. Juvenile corrections—United States. 3. Juvenile

delinquents—United States. I. Sherman, Francine T., 1955- II. Jacobs, Francine H.

HV9104.J864 2011

364.630973—dc22 2011014932

Printed in the United States of America

10 9 8 7 6 5 4 3 2 1

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To all the children, families, advocates, practitioners,

and policy makers involved with juvenile justice,

acknowledging the critical roles you play in creating

a more humane and effective system

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Contents

Foreword Justice for America’s Children xi

Marian Wright Edelman

Preface xv

Francine T. Sherman and Francine H. Jacobs

Introduction xvii

Francine T. Sherman and Francine H. Jacobs

Contributors xxvii

SECTION I

Framing the Issues 1

Chapter 1 A Developmental View of Youth in theJuvenile Justice System 3

Marty Beyer

Chapter 2 Youth in the Juvenile Justice System:Characteristics and Patterns of Involvement 24

Kristi Holsinger

Chapter 3 The Health of Youth in the JuvenileJustice System 44

Paula Braverman and Robert Morris

Chapter 4 Children’s Rights and Relationships:A Legal Framework 68

Francine T. Sherman and Hon. Jay Blitzman

Chapter 5 A Vision for the American Juvenile Justice System:The Positive Youth Development Perspective 92

Richard M. Lerner, Michael D. Wiatrowski, Megan Kiely Mueller,Christopher M. Napolitano, Kristina L. Schmid, and Anita Pritchard

vii

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SECTION II

Understanding Individual Youth 109

Chapter 6 Race, Ethnicity, and Ancestry in Juvenile Justice 111

James Bell and Raquel Mariscal

Chapter 7 The Role of Gender in Youth Systems:Grace’s Story 131

Francine T. Sherman and Jessica H. Greenstone

Chapter 8 Lesbian, Gay, Bisexual, and Transgender (LGBT)Youth and the Juvenile Justice System 156

Laura Garnette, Angela Irvine, Carolyn Reyes, and Shannan Wilber

Chapter 9 Adolescent Parents and the Juvenile Justice System:Toward Developmentally and Socioculturally BasedProvision of Services 174

Ellen E. Pinderhughes, Karen T. Craddock, and LaTasha L. Fermin

SECTION III

Understanding Youth in Context 197

Chapter 10 Parents, Families, and the Juvenile Justice System 199

Francine H. Jacobs, Claudia Miranda-Julian, and Rachael Kaplan

Chapter 11 Violence Within Families and Intimate Relationships 223

Linda L. Baker, Alison J. Cunningham, and Kimberly E. Harris

Chapter 12 Making a Place for Youth: Social Capital,Resilience, and Communities 245

Robert L. Hawkins, Maryna Vashchenko, and Courtney Davis

Chapter 13 The Developmental Impact of Community Violence 267

Edmund Bruyere and James Garbarino

viii CON T E N T S

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Chapter 14 The Right to a Quality Education for Childrenand Youth in the Juvenile Justice System 286

Kathleen B. Boundy and Joanne Karger

Chapter 15 Juvenile Prison Schooling and Reentry:Disciplining Young Men of Color 310

Sabina E. Vaught

Chapter 16 The System Response to the CommercialSexual Exploitation of Girls 331

Francine T. Sherman and Lisa Goldblatt Grace

Chapter 17 How American Government FramesYouth Problems 352

Timothy Ross and Joel Miller

Chapter 18 Youth Perspectives on Health Care 369

Rachel Oliveri, Ila Deshmukh Towery, Leah Jacobs,and Francine H. Jacobs

SECTION IV

Working for Change 389

Chapter 19 Youth-Led Change 391

Barry Dym, Ken Tangvik, Jesus Gerena, and Jessica Dym Bartlett

Chapter 20 The End of the Reform School? 409

Vincent Schiraldi, Marc Schindler, and Sean J. Goliday

Chapter 21 Collaboration in the Service of Better Systemsfor Youth 433

Anne F. Farrell and Diane M. Myers

Chapter 22 Getting on Board With Juvenile JusticeInformation Technologies 456

Stan Schneider and Lola Simpson

Contents ix

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Chapter 23 Establishing Effective Community-Based Carein Juvenile Justice 477

Peter W. Greenwood and Susan Turner

Chapter 24 Better Research for Better Policies 505

Jeffrey A. Butts and John K. Roman

Afterword 527

Congressman Robert (Bobby) Scott

About the Editors 531

Author Index 533

Subject Index 551

x CON T E N T S

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Foreword: Justice for America’s ChildrenMARIAN WRIGHT EDELMAN

President, Children’s Defense Fund, Washington, DC

The test of the morality of a society is what

it does for its children.

—Dietrich Bonhoeffer (c. 1940)

Has America turned her back on her most

vulnerable children?

America is the richest nation in the world.

We rank #1 in gross domestic product (GDP),

and we have more billionaires than any other

country. Surely, a nation so blessed will take

care of its children, who are its greatest treasure,

its future, and its most vulnerable population.

Yet the gap between rich and poor in

America is greater than in any other major

industrialized nation1 and is growing wider,

dooming millions of children to the fate of

growing up poor—if they survive infancy.

Today, tens of thousands of poor babies in

rich America enter the world with multiple

strikes against them: born without prenatal

care, at low birth weight, and to a teen, poor,

and poorly educated single mother and absent

father. Many are funneled from birth into what

the Children’s Defense Fund calls ‘‘the cradle-

to-prison pipeline,’’ which traps children into

life paths marked by abuse, illness, school failure

and suspension, detention, incarceration, and,

too often, early death. Others become trapped

in the pipeline to prison later in life.

At crucial points in a poor child’s develop-

ment, more risks pile on—the loss of a parent,

sibling, or friend; low teacher expectations;

family or neighborhood violence; gang

involvement—making a successful transition

to productive adulthood significantly less likely

and involvement in the criminal justice system

significantly more likely. For children of color,

who are disproportionately poor, the odds of

youth detention and eventual incarceration as

adults greatly exceed those for White children.

Black children are 3 times as likely as White

children to be poor. A Black boy born in 2001

is more than 5 times as likely as a White boy

born that same year to be incarcerated at some

point during his lifetime.

And, in the past 20 years, sentencing for

juveniles in our nation has become increas-

ingly harsh and punitive and there has been an

increase of 72% in the number of children

held in America’s juvenile detention centers;2

thousands of children are held in adult prisons.

As a number of the chapters in this im-

portant volume illustrate, the experiences of

detained and incarcerated children in America

are rarely rehabilitative. Children and teens

who go through our nation’s juvenile justice

2Myers, D. M., & Farrell, Anne F. (2008). Reclaiming

Lost Opportunities: Applying Public Health Models in

Juvenile Justice. Children and Youth Services Review 30,

1159–1177.

1OECD Report (2009), Growing Unequal? Income Distri-

bution and Poverty in OECD Countries, notes that ‘‘the

United States is the country with the highest inequality

level and poverty rate across the OECD, Mexico and

Turkey excepted.’’

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system are condemned to long terms at large

youth detention centers and adult prisons only

to languish in cells surrounded by thick walls

and razor wire. Too often, they are locked

down for long periods of the day with no real

opportunities for rehabilitation, treatment, or

education. Many youth become hardened

criminals while incarcerated, and at the end

of their sentences they are released into com-

munities that don’t have adequate resources to

reintegrate them.

Tragically, instead of helping disadvantaged

youth become responsible adults, the juvenile

justice system today has become a major feeder

into the cradle-to-prison pipeline, leading

young people into the adult criminal system.

That pipeline runs through economically de-

pressed neighborhoods and failing schools;

across vacant lots where playgrounds and health

facilities should be; and in and out of broken,

understaffed child welfare agencies. By the time

many children get arrested and are brought

before a juvenile court, they have been pro-

vided far too little loving and thoughtful adult

support—only to face purported child-serving

systems that treat them unjustly.

The high number of cases that juvenile

courts administer—an estimated 1.6 million

cases each year nationwide—is attributable to

the fact that we, the adults, have let our most

vulnerable children down. We don’t pay at-

tention to early warning signs, such as a drop

in grades or a reluctance to go to school, that

indicate poor children need help; we don’t

provide them with adequate mental health

services or other counsel; and we have per-

mitted the increasing criminalization of chil-

dren at younger and younger ages for

behaviors that used to be handled by families,

churches, teachers, and community organiza-

tions. We seem to have forgotten that children

are children, and that our job as adults is to

guarantee their safe passage to successful,

productive adulthood by guiding them, nur-

turing them, protecting them, and teaching

them.

It was not always so. America’s juvenile

justice system was once regarded as one of the

most enlightened in the world. It was founded

over 100 years ago on the principle that chil-

dren, unlike adults, are still developing and that

many of their perceptions, actions, and re-

actions are immature responses to an increas-

ingly complex world. The early American

juvenile justice philosophy taught that, with

the proper guidance, children can learn new

behaviors and attitudes as they mature. The

emphasis was on rehabilitation, not punishment

and retribution. In order to grow into respon-

sible and caring adults, it was believed, youthful

offenders need support, treatment, and care.

The editors of this volume and authors of

individual chapters urge us to remember that

the children involved in our juvenile justice

system are, first and foremost, children. Like all

children, they need the love and guidance of

adults—in their families, in their neighbor-

hoods, in their communities—to develop their

considerable potential and to thrive. And like

all children, they need a nurturing school

environment, the attention of caring and tal-

ented teachers who know their students can

learn, and a rigorous curriculum that gives all

students the skills to succeed in college and the

workplace. The fact that risk factors such as

poverty, discrimination, and personal tragedy

add stress to their young lives and increase their

chances of becoming trapped in the cradle-to-

prison pipeline should not cause us, the adults

in their lives, to lower our expectations for

their success or, worse, write them off or

abandon them. Indeed, their increased vul-

nerability should make us redouble our efforts

to give them the support and care they sorely

need. Repeatedly, in the chapters of this vol-

ume, we are reminded that deficit- and

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punishment-based approaches to juvenile jus-

tice only feed the pipeline to prison and that

when we identify children’s strengths and

build on those strengths intentionally and

consistently, we can help children in the juve-

nile justice system grow and thrive.

In the pages that follow, you will meet

children involved in the juvenile justice system

whowould have benefited from a coordinated,

caring, and developmentally appropriate system

of support. There is Marco, a young boy who

initially did well in school and loved science but

whose grades droppedwhen he became sad and

fearful in middle school because he was terror-

ized by gang violence in his neighborhood and

witnessed the murder of a friend; no adults

picked up on signs of his stress or bothered to

check in with him to see what was going on. As

his fears grew, Marco succumbed to pressure to

join a gang ‘‘for protection’’ and, before long,

he was charged with being an accessory to a

crime in a drive-by shooting.

You also will hear from Grace, an intelli-

gent and outspoken young girl of color who,

shortly after her placement in a foster home

(a placement she perceived as punishment), was

charged with assault on a public employee and

‘‘disturbing school assembly.’’ After Grace’s

expulsion from school, she was shuttled among

foster homes, residential placements, and secure

detention, as the Department of Family Ser-

vices and the Department of Juvenile Justice

struggled over control of her case. And you will

visit a juvenile justice detention center school

where children 13–20 years old are regarded as

‘‘predators’’ by the adults in charge of their care

andwhose ‘‘sentences’’ are extendedwhen they

fall asleep in class.

The authors place such stories in the

context of the latest research and recommend

best practices on child development that

emphasize the importance of an environmen-

tal, developmental approach that builds on a

child’s strengths. The chapter on youth-led

change introduces us to youth who have dis-

covered, within themselves, immense re-

sources not only to change themselves but

to transform their communities, creating ‘‘vir-

tuous cycles’’ (instead of ‘‘vicious cycles’’) that

serve as positive feedback loops building on

increasing strengths.

The lessons in this book remind us that we

can—and that we must—do better, for the sake

of our children, their futures, and the sake of

our nation. Incarceration should not be our

society’s first or primary response to youth in

trouble. Judges need to look for opportunities

to offer poor, young, and minority defendants

the same second chances most privileged youth

can count on. These include alternatives to

incarceration such as restitution, community

service, electronic monitoring, drug rehabilita-

tion treatment, or placement in a ‘‘staff secure’’

(but not locked) community corrections facil-

ity. These youth in trouble must get the educa-

tion, special education, mental health

treatment, and other services they need. We

must ensure that systems intended to support

children actually help them, instead of serving

as entryways into the cradle-to-prison pipeline.

And as the final chapter in this volume makes

abundantly clear, child welfare, juvenile justice,

and education systems all need to collaborate to

design individualized systems of support that

build on each child’s strengths.

There is already good work under way in a

number of states and communities, and you

will read about that work throughout this

volume. Committed leaders and staff are

working to rid the system of the abusive

and punitive treatment of youth in custody

that now too often pushes them into the adult

criminal justice system. Reforms in Missouri’s

juvenile justice system, often now referred to

as the Missouri Model, have replaced large

training schools and detention facilities with

Foreword: Justice for America’s Children xiii

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small group programs located as close to

youth’s homes as possible. These small pro-

grams offer a broad range of therapeutic inter-

ventions and are staffed by highly trained and

educated staff who understand that construc-

tive reform is best accomplished through pos-

itive behavioral supports and that the use of

force must be kept to a minimum. The

Missouri Model is being used to promote

juvenile justice reforms in Louisiana; New

Mexico; San Jose, California; andWashington,

DC, and other jurisdictions are waiting in line.

States such as California, Texas, and NewYork

are also making progress in establishing alter-

natives to secure confinement. The Juvenile

Detention Alternatives Initiative, begun by the

Annie E. Casey Foundation 15 years ago, has

reduced the number of youth in detention

and in some places also reduced the number

of juvenile arrests.

The goal of these and other reforms is to

create throughout our nation a juvenile justice

system that will give children the support they

need to grow into thoughtful, confident, car-

ing, and productive adults as they transition to

the community. We must bring to scale the

reforms already under way that build on the

strengths of children, youth, and families;

provide children and youth with individual-

ized and comprehensive services in the least

restrictive setting appropriate to their needs;

promote evidence-based approaches; and

assist and support the successful return of

youth to their communities. These new

approaches recognize the usefulness and

importance of tracking outcomes for youth

and responses to the new reforms over both

the short and long term.

At the same time, we must take action to

address the root causes of a child’s involvement

with the juvenile justice system so that we

might keep children and youth from ever

entering the system. We must eliminate child

poverty, assure every child comprehensive

health and mental health coverage and the

early childhood experiences and education

required to meet their individual needs, and

offer families the supports needed to keep their

children safe and in nurturing communities.

This volume is a call to action, and I

encourage everyone who reads it to take steps

to ensure that all America’s children are given

an equal chance to succeed. We must all work

together to replace the cradle-to-prison pipe-

line with a pipeline to responsible, productive

adulthood.

xiv F OR EWORD : J U S T I C E F O R AM E R I C A ’ S CH I L D R E N

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PrefaceFRANCINE T. SHERMAN AND FRANCINE H. JACOBS

The idea for this book grew out of our 5-year

collaboration on theMassachusetts Health Pass-

port Project (MHPP; first the Girls’ Health

Passport Project), which was an effort to de-

velop a system of continuous health-care access

for girls, and then boys and girls, committed to

the Massachusetts Department of Youth Ser-

vices. Fran Sherman was the principal investi-

gator of the core project to develop and

implement MHPP, and Fran Jacobs and her

team at Tufts University, of its evaluation.

Through many hours of discussion, debate,

and mutual education explicating MHPP goals

and teasing out ways to evaluate them, we each

discovered new, more critical ways of thinking

about our own fields, along with new connec-

tions among the worlds of law, policy, and the

social sciences. The experience was both

refreshing and challenging.

For us, that concrete, almost daily collabo-

ration reinforced our belief in interdisciplinary

conversations and understandings of juvenile

justice and broader youth policy. It also re-

inforced the importance of looking behind

practice (however successful you think you

are being) to understand how, and the extent

to which, it reflects current theory and research

on the one hand, and is approaching attainment

of its goals, on the other. That iterative process

of doing and analyzing and then redoing and

reanalyzing, is key to the development of sound

and innovative juvenile justice policy and

practice moving forward, and was practiced,

as well, in the development of this volume. In

that spirit, we hope this book will stimulate

both interdisciplinary conversations among stu-

dents, academics, policy makers and practition-

ers, and links among practice, research, and

theory to develop programs and policies pro-

moting positive development for youth and

their communities.

We have both benefited from the support

and dedication of talented students and col-

leagues. I (Fran Sherman) am grateful to the

Juvenile Rights Advocacy Project clinic and

seminar, which gives me the invaluable, daily

opportunity to see juvenile law and policy

through the fresh eyes and quick minds of

second- and third-year law students; to

Rebecca Vose and Tony DeMarco, my JRAP

colleagues, who have made my work life both

stimulating and fun and have been so generous

with their time, giving me time towork on this

volume, and Judy McMorrow, who has pro-

vided thoughtful and consistent counsel and

friendship through all of my 26 years at Boston

College Law School. I also want to thank my

national juvenile justice colleagues, many of

whom have contributed to this volume, who

demonstrate the power of vision, leadership,

devotion, and intentionality in implementing

smart and effective juvenile justice practices and

policies. The many youth and, particularly

young women, whom I have represented

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over 30 years, are an ongoing inspiration and

education, and are, of course at the core of this

volume.

Likewise, I (Fran Jacobs) have much

appreciated the support and encouragement

of colleagues in both of my departments at

Tufts—the Eliot-Pearson Department of

Child Development, and the Department

of Urban and Environmental Policy and

Planning—many of whom, from distinct

and distantly flung perches in the worlds of

child development and public policy, have

had encouraging words to share about the

worthiness of this book. Rachel Oliveri, Ila

Deshmukh Towery, Jessica Greenstone, and

Claudia Miranda-Julian expertly helped us

convert what was learned in the course of

the MHPP evaluation into broader lessons

for juvenile justice policy. And Maryna

Vashchenko and Jessica Dym Bartlett pro-

vided expert substantive consultation and

patient editorial intervention. At Boston

College Law School, Classie Davis, Celeste

Laramie, Kori Burnham, Lauren Whillhoite,

Hilary Jaffe, Coleman Peng, Dan Maltzman,

Mary Ann Neary, and Chester Kozikowski all

provided important research and administra-

tive support.

A number of foundations supported

the Girls’ Health Passport Project and the

Massachusetts Health Passport Project in

some way, and through that support helped

stimulate the thinking behind this volume.

They are: The Blue Cross Blue Shield of

Massachusetts Foundation, The Jacob and

Valeria Langeloth Foundation, The Boston

Foundation, the Florence V. Burden Founda-

tion, The Jessie B. Cox Charitable Trust, and

the Gardiner Howland Shaw Foundation. We

are grateful for their support and for the

encouragement and insight provided by our

grant administrators in each and every case. I

(Fran Sherman) have greatly appreciated the

support and fellowship I have received over the

years from my colleagues at the Annie E. Casey

Foundation’s Juvenile Detention Alternatives

Initiative. The many lessons I have learned

from them are woven through this volume.

We both thank our universities, Boston Col-

lege Law School and Tufts University, respec-

tively, for providing us with essential research

leave and support to work on this volume. We

are also grateful to MarianWright Edelman for

her foreword to this volume; her career as an

advocate for children is unparalleled and stands

as an inspiration.

My (Fran Sherman) boundless love, grat-

itude, and respect go to my three children,

Leah, Sarah, and Jake Tucker for their warmth,

kindness, intelligence, and senses of humor.

This book and so much of my work, which is

centrally about ways to support youth, is dedi-

cated to my children for the way they honor

their many gifts and opportunities. They aremy

inspiration, and I look forward to continuing to

watch their adult lives unfold. And most of all,

my gratitude and love go to my husband, Scott

Tucker—my best friend, most solid support,

and biggest booster.

My (Fran Jacobs) deep gratitude goes

to my family—first and foremost to my hus-

band Barry Dym—and then to my children

(Jessica and JJ Bartlett, and Gabriel Dym and

Rachael Kaplan) and grandchildren (Molly

and Jake Bartlett, and Eli Aaron Dym) for

having the patience to see me through this

process, and the good sense to avoid me on

those crunch writing days. My 91-year-old

mother, Miriam Jacobs, kept up on the prog-

ress of this project, celebrating with me the

completion of each phase. This book, about

children and families and the help that every

one of them needs and deserves, pays tribute

to them all.

xvi P R E F A C E

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IntroductionFRANCINE T. SHERMAN AND FRANCINE H. JACOBS

Arthur Schlesinger Jr. (1986) observed that

the history of social policy in the United

States reflects fairly predictable cycles, com-

pleted in 30 years or so, between liberalism

and conservatism—‘‘public purpose and private

interest’’ (p. 31). These cycles of national in-

volvement with issues of social concern invig-

orate our politics with new energy and ideas;

their seeds are sown, during previous cycles, as

forays of innovation that eventually coalesce.

And although it can appear at the ‘‘end’’ of a

cycle, that policy has not advanced much, if at

all, in fact the process is recursive. For better or

worse, we never do return precisely to where

we were, and every so often, the change in

policy direction is bold, significant, and per-

manent. Those of us who came of age in the

1960s and 1970switnessed this transformational

progress in civil rights, women’s rights, and the

rights of persons with disabilities.

And then there is juvenile justice policy. It is

often noted that our national disposition toward

delinquent youth and our approach to addressing

their deeds and needs vacillate, unsurprisingly,

and in the regular cycles that Schlesinger de-

scribed, between punishment and rehabilitation.

Modest changes are often consolidated before

the pendulum swings once again in the opposite

direction; reformers at either end tool up, ready-

ing themselves to undo or modify what has been

codified in the ‘‘down’’ cycle.

The prediction of the ‘‘coming of the super-

predators’’ by John Dilulio (1995, November

27), then a professor at Princeton University, in

the mid-1990s, may represent the apogee of the

pendular swing of that time, themidpoint of that

cycle. Broadly speaking, with the Juvenile Justice

and Delinquency Prevention Act and the pro-

cedural due process revolution of the late 1960s

and 1970s, juvenile justice policy had become

more rehabilitative in orientation. Rates of ju-

venile crime arrests increased over the 1980s,

however, and the population of juvenile offend-

ers became increasingly racialized. The rise in

juvenile violent crime arrests during the 1980s

was a complex, multidetermined phenomenon

(Zimring, 1998), however, and by 1994 juvenile

violent crime arrests had already begun their

long decline (Puzzanchera, 2009). Nonetheless,

Dilulio capitalized on, and catalyzed, the grow-

ing sentiment among Americans that these

youth were too dangerous to have in our midst.

They were depraved, thoroughly incorrigible,

and therefore needing to be removed from

society to protect the rest of us.

We know the end of this story: That on-

slaught never materialized—and indeed, juve-

nile crime statistics have evidenced steady

improvement over the ensuing years (Puzzan-

chera, 2009). Nonetheless, the late 1990s wit-

nessed a flurry of state legislation that expanded

punitive approaches for juveniles, including

making it easier to transfer youth to the adult

correctional system.

Meanwhile, reformers were preparing for

the next cycle to emerge, and that cycle is,

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CINTRO 08/18/2011 4:13:24 Page 18

indeed, upon us. There are many recent signs of

progress toward a more rehabilitative posture in

juvenile justice. The Supreme Court’s decisions

inRoper v. Simmons (2005) andGraham v. Florida

(2010) struck down the juvenile death penalty

entirely and juvenile life without parole in non-

homicide cases based, in part, on grounds of

child development and neuroscience. On the

front end of the system, detention reform has

significant national momentum, helping juris-

dictions to be more accountable to youth and

communities and reduce the use of secure de-

tention to cases of greatest community and flight

risk. On the back end of the system, led by

the Missouri Model, states are reducing their

reliance on secure youth institutions and build-

ing networks of community-based youth

programs on principles of positive youth devel-

opment. Around the country there is increasing

use of evaluation—and evidence-based practices

in juvenile justice systems—reflecting a more

thoughtful and hopeful approach to meeting the

goals these systems set for themselves.

With greater interdisciplinary engage-

ment, new ways to understand and support

youth in the system have emerged. Positive

youth development, ecological developmental

theory, family systems theory, and new re-

search on adolescent brain development, for

example, are infiltrating programming and

policy discussions in juvenile justice as well

as the law. This is a moment of hope and

possibilities; and perhaps these new possibilit-

ies will even direct us toward transformational

changes in juvenile justice.

THE ARCHITECTUREOF THE VOLUME

The organization of this volume, reflecting the

forward-facing trends previously noted, is eco-

logical in structure, considering youth in the

juvenile justice system within the context of

their families, communities, and the multiple

public systems that influence them, and are

influenced by them as well. Although most

of its chapters are scholarly in tone and content,

other authors approach their topics with an

activist orientation—a mix of perspectives we

sought out from the volume’s inception. Chap-

ter authors represent a broad range of disciplines

and perspectives, also necessary, in our view, to

engage meaningful juvenile justice policy.

Following this ecological roadmap, Juvenile

Justice: Advancing Research, Policy, and Practice is

divided into four sections: The first, ‘‘Framing

the Issues,’’ offers an introduction to the core

elements of the juvenile justice system—the

youth, the proposed developmental lens (posi-

tive youth development) through which to

consider their behaviors and the system’s re-

sponses to them, and the law that undergirds

and directs the system operations. Next, in

‘‘Understanding Individual Youth,’’ we provide

more in-depth portraits of subgroups of these

youth, according to characteristics that appear

to influence their experiences in the systems—

race and ethnicity, gender, sexual orientation,

and family circumstances. Next, in ‘‘Under-

standing Youth in Context,’’ we open the lens

and examine aspects of family, community, and

formal and informal systems particularly rele-

vant to youth’s system involvement. Finally, in

‘‘Working for Change,’’ we highlight some of

the most promising innovations in juvenile

justice; combined they offer a vision for the

future of juvenile justice system policy.

BASIC PREMISES

Although the chapters in this volume present a

range of opinions and approaches to collecting

and validating evidence, certain underlying

premises are represented in the book—obvious

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CINTRO 08/18/2011 4:13:24 Page 19

tous,butworthmentioning—thatcontribute to

the volume’s overall point of view.

& Youth have a set of legal rights that are

central to the structure and operation

of effective and successful public sys-

tems and of society as a whole. The

juvenile justice system is first a legal

system, with youth involvement trig-

gered by an alleged law violation.

Youth do not lose their rights

when they enter this system; rather,

in significant ways, their rights are

appropriately enhanced in counter-

point to the risk the system poses to

them. The rights of system-involved

youth, and of children generally, have

a long history in the United States

and can be understood to advance

youth’s needs and autonomy. Youth

law can also be understood ecologi-

cally, with children’s rights in relation-

ship with those of their parents and

the state. When the legal system

works properly, it both respects and

protects youth.& The course of development is mallea-

ble, at least into early adulthood.While

early experiences are core to a child’s

development, a substantial, accumulat-

ing body of theory and research—

reflected in recent Supreme Court

and other court decisions—concludes

that this developmental trajectory is

not set by adolescence. Youth in the

juvenile justice system, therefore, are

still maturing, making them amenable

to rehabilitation and, using value

language, redeemable.& This course of development is also

multidetermined, involving millions

of transactions and ‘‘inputs.’’ Urie

Bronfenbrenner, the developmental

psychologist who coined the term

ecological development for use in his

field, imagined the child as the core

piece in a collection of nested, Rus-

sian dolls—at the center of a set

of concentric circles of influence,

including families; communities; in-

formal and formal, governmental and

nongovernmental institutions and or-

ganizations; and societal values and

beliefs. Youth are both shaped by

and shape their environments, and

interventions to affect individual de-

velopment need to factor these con-

texts, centrally, into the equation.& The juvenile justice system is in the

position both to improve and to de-

grade the functioning and future pros-

pects of youth in its custody. Even

assuming a benign or helping orienta-

tion, the juvenile justice system as pres-

ently structured (a back-end, after-the-

fact, residual system)isnotwell-situated

to achieve its rehabilitation goals; there

is a poor match between what youth

need and what the system can provide.

Given the awesome legal power it

holds, systemreformersare increasingly

proposing adoptionof the ‘‘First, do no

harm’’ dictum—involvement only or

primarily with those youth whose

actions clearly demonstrate imminent

risk to public safety.& Juvenile justice system reformers un-

derstand that much of the essential

work for youth occurs at local levels.

It follows, then, that efforts should be

directed at families and communities

as the primary vehicles for positive

change for youth. The juvenile justice

process should be used to intention-

ally engage these levels of youth ecol-

ogy with, for example, positive youth

Introduction xix

CINTRO 08/18/2011 4:13:25 Page 20

development models of juvenile

defense, expanded diversion, proba-

tion as brokers of community services,

reduced use of secure detention

and treatment, and expansion of

community- and family-focused treat-

ment at the back end of the system.& The most promising juvenile justice

policy includes respectful, authentic

engagement of the full range of its

participants. Although theory and re-

search, and the wisdom of practition-

ers, are important cornerstones of

juvenile justice policy, so are the be-

liefs, opinions, strategic recommenda-

tions, and visions for the future of

system-involved youth, their parents

and family members, their neighbors,

and other members of the community.

This input is critical to developing

services that youth and families actu-

ally use, and to redressing the long-

standing sense of disregard that these

individuals have experienced.& Interdisciplinarity in research, prac-

tice, and policy is critical to the devel-

opment of a well-functioning system.

Juvenile justice (like most of youth

policy) is a naturally interdisciplinary

field and should be intentionally ap-

proached as such. Practitioners, schol-

ars, and advocates in law, developmental

psychology, and sociology must make

their work comprehensible across disci-

plines. Demystifying these disciplines

for use by one another contributes to

essential cross-system collaboration.& Policy is also normative, informed by

values. Research can get us only so

far; at a certain point the decision is

about the kind of society in which we

want to live—inclusive or exclusive;

more or less equitable, with more or

less of a generous civic impulse. Effec-

tive juvenile justice systems are self-

reflective in this way, asking them-

selves what they stand for, how they

want to be viewed, and the result is as

much values-based as evidence-based.

We argue that this is as it should be.& Confronting issues of race and pov-

erty is critical to any real progress—

the beachhead to claim during this

cycle. The juvenile justice system

cannot be fixed until it deals with

the issues of race and poverty that

undergird it and give it its present

shape. The disproportionate minority

contact (DMC) mandate, and federal

and state policy behind it, acknowl-

edge the racial impact of much of

juvenile justice policy, a fact that we

are only beginning to address.

SECTION I: FRAMING THE ISSUES

We begin this volume, and this section, with

an introduction to five system-involved youth

whose developmental trajectories Beyer ana-

lyzes in Chapter 1 using a strengths/needs-

based developmental framework. Based on

years of clinical practice, she argues that ado-

lescent delinquent behavior results, in part,

from immature thinking and the effects of trauma

and learning disabilities, all common in this

population. These factors, in addition to the

youth’s strengths, seen within the context of

their families, peers, schools, neighborhoods,

and cultural communities, must be considered

at all points of the juvenile justice decision-

making process.

In Chapter 2, Holsinger, as a criminolo-

gist, bases her portrait of youth in the juvenile

justice system on nationally available data that

detail their demographic characteristics, and

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CINTRO 08/18/2011 4:13:25 Page 21

the characteristics of the offenses that trigger

and sustain their system involvement. The

chapter includes an overview of the history,

development, and current operations of the

juvenile justice system, providing a shapshot of

the youth involved at each of its phases.

In Chapter 3, Braverman and Morris, both

physicians, introduce these youth as health-care

providers might encounter them: often high-

risk, underserved young people with a host of

unaddressed health, dental, and mental health

needs. After presenting the youth’s profile from

this vantage point, the authors conclude that

the factors that predispose these youth to poor

health outcomes are not a unique combination

of risks, but rather are shared by other disad-

vantaged young people in the United States.

The final two chapters in this section

provide theoretical and empirical scaffolding

for the remainder of the book. In Chapter 4,

Sherman and Blitzman, lawyer and judge,

respectively, provide an overview of U.S.

children’s law, framed both in terms of auton-

omy-based and needs-based rights, and by the

legal dynamic among child, parent, and state.

They highlight the law of juvenile justice and

child welfare systems, and also examine law

relevant to education and health care, two

central institutions for children. The chapter

proceeds ecologically, acknowledging that

children’s lives, including their legal lives,

are related to their families, communities,

and the social institutions surrounding them.

Finally, in Chapter 5, applied develop-

mental scientist Lerner and his colleagues

argue that the contemporary juvenile justice

system is predicated on a deficit view of the

youth in its custody, and as such demonstrates a

counterfactual and counterproductive under-

standing of the nature of adolescent develop-

ment. The authors provide an alternative

lens—the positive youth development (PYD)

perspective—that capitalizes on contemporary

theory and research on adolescent develop-

ment and has profound implications for the

transformation of juvenile justice policy and

programs.

SECTION II: UNDERSTANDINGINDIVIDUAL YOUTH

In Chapter 6, Bell and Mariscal, both lawyers

and advocates, begin with an overview of the

history, causes, and current status of racial and

ethnic disparities in the juvenile justice system,

placing contemporary federal policies pur-

porting ‘‘race neutrality,’’ but actually disad-

vantaging Black and Latino youth, in the

context of a deep historical legacy of systemic

racism. They then examine promising policies

and practices for reducing these disparities,

arguing that despite its history, the juvenile

justice system should strive to, and might

achieve, fairness and equity for all young

people.

In Chapter 7, Sherman and Greenstone—

from a legal and developmental perspective,

respectively—describe the experiences of

‘‘Grace,’’ a teenage girl involved with multiple

public systems, including juvenile justice.

Through detailed analysis of primary interview

data with Grace and others responsible for her

care and supervision, and of court case mate-

rial, they shed light on how Grace’s actions

were interpreted and the responses they

evoked. Their case study includes recommen-

dations for implementing gender-responsive

principles across these systems.

In Chapter 8, Garnette, Irvine, Reyes, and

Wilber (as lawyers, researcher, and system

administrator) follow with a discussion of

the experiences and needs of lesbian, gay,

bisexual, and transgender (LGBT) youth in

the juvenile justice system. The authors offer

a framework for understanding healthy

Introduction xxi

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adolescent development within this popula-

tion, and particular ways it can go awry, and

present data on the often harmful effects of

arrest and detention for LGBT youth. The

chapter concludes with policy and program

recommendations for addressing their needs.

Finally, inChapter 9,Pinderhughes andcol-

leagues, fromacultural/developmental perspec-

tive, present the challenges to development—

particularly identity development—and thus

to parenting, encountered by the diverse

population of incarcerated teen parents who

are involved with the juvenile justice system.

The authors recommend that the system adopt

a more strengths-based orientation to these

young parents, including facilitating contact

with their own children during their confine-

ment; this approach would increase the like-

lihood for continued engagement with their

children after their confinement ends.

SECTION III: UNDERSTANDINGTHE CONTEXTS OF YOUTH

The first two chapters in this section focus on

families. In Chapter 10, Jacobs, Miranda-Julian,

and Kaplan—representing a combination of

policy, developmental, and clinical expertise—

detail the current state of family involvement in

juvenile justice, proposing explanations for why

there is evidence of so little. They argue that

more and broader participation is a critical

feature of any juvenile justice system that seeks

or claims to be ‘‘reformed,’’ and review some

promising approaches to engaging families in

the positive development and rehabilitation of

their children.

Chapter 11 focuses on the significant

percentage of system-involved youth who

have experienced and/or perpetrated, vio-

lence in their families. Baker, Cunningham,

and Harris—clinical and developmental

psychologists—usefully identify ‘‘signposts’’

of the effects of family violence, for example,

compromised school success or mental health,

substance abuse, and early home leaving. They

argue for greater attention to the role that

family violence plays in the lives of delinquent

youth, in the service of designing more effec-

tive prevention and intervention programs.

Chapters 12 and 13 focus on communities

as a context for the development of system-

involved youth. In Chapter 12, Hawkins,

Vashchenko, and Davis combine their exper-

tise in urban policy, social work, and develop-

mental psychology to offer a framework,

rooted in resilience and social capital theory,

with which to generate support for youth

reentering their communities after incarcera-

tion. The authors suggest that juvenile justice

reentry programs and policies, and those de-

signed to prevent criminal activity in the first

place, would do well to assess a youth’s access

to positive as opposed to negative social capi-

tal, and then optimize opportunities to build

on the former.

In Chapter 13, Bruyere and Garbarino—

from a developmental perspective—discuss the

effect of risk accumulation, community vio-

lence, and other trauma on youth, some of

whom go on to become involved with the

juvenile justice system. The chapter then

argues for ratification of the United Nations

Convention on the Rights of the Child,

seeing it as providing critically needed guid-

ance for community development to support

this population and reduce the need for

future juvenile incarceration.

Moving to the systems that interact with

delinquent youth, and with other public

youth-serving systems, the next two chapters

examine the role of education before, during,

and after incarceration. In Chapter 14,

Boundy and Karger (lawyers who focus on

educational policy) provide a detailed

xxii I N T R O DU C T I O N

CINTRO 08/18/2011 4:13:25 Page 23

discussion of the two most relevant federal

laws—Title I of the Elementary and Second-

ary Education Act/No Child Left Behind Act

and the Individuals with Disabilities Education

Act—which together require states to provide

a quality public education to school-age

youth, with and without disabilities, including

those in delinquent facilities. Despite these

guarantees, they find the education of these

youth is seriously compromised throughout.

The chapter concludes with research-based

practices, targeted at implementing effective

teaching, learning, and planning for transi-

tion, meant to thwart this school-to-prison

pipeline.

In Chapter 15, Vaught, a scholar of urban

education, brings an ethnographic lens to the

issue of race, education, and juvenile justice,

using a Critical Race framework to examine

how institutional schooling practice and policy

function—in one school within a juvenile

prison—to hinder, complicate, and even likely

scuttle altogether, community reentry for in-

carcerated young men. The dynamics explored

here serve as a local window onto national

education policy, raising issues of fairness about,

for example, zero-tolerance policy, and policies

that assure the quality of the schooling offered

to system-involved youth.

Sherman and Goldblatt Grace, from the

perspectives of law, public health, and social

work, examine the system’s response to the

commercial sexual exploitation of children

(CSEC) in Chapter 16, focusing here on girls.

They describe the issue and then examine the

range of international, federal, state, and local

laws and policies, aimed at aiding and enhanc-

ing prosecution of perpetrators of CSEC (i.e.,

pimps, johns), and at providing protection and

services to its victims. They show that, as state

and local authorities implement practice and

policy for this population, those two goals—

law enforcement and victim protection—may

conflict, creating practices that serve neither

goal fully and yielding results contrary to

sound public policy and research. The chapter

concludes with a recommended comprehen-

sive response to CSEC.

In Chapter 17, Ross and Miller bring

youth policy and criminal justice together,

and shift to providing a view of the landscape

of government systems involved with youth

issues. They argue that the structure of

American government, combined with bu-

reaucratic service delivery systems, lead to

fragmented and, at times, inconsistent policies

concerning youth, including youth caught up

in the juvenile justice system. A number of

solutions to these problems are offered, and the

chapter concludes on a hopeful note: that

efforts to address service fragmentation are

improving the circumstances for some of these

system-involved youth.

This section concludes with Chapter 18,

Oliveri and colleagues’ (developmental psy-

chologists) qualitative study of the complex

relationships among system-involved youth

and the multiple systems meant to help

them maintain good health. Beginning with

a detailed review of the literature on health-

care access and utilization among this popula-

tion, the chapter then analyzes primary data

collected from youth regarding their health

behaviors and preferences, and their use of

health care. Its findings are useful to those

working across public sectors interested in

improving the health status of these youth.

SECTION IV: WORKINGFOR CHANGE

WithChapter19,Dymandcolleagues (psychol-

ogists and community activists) launch this sec-

tion devoted to promising efforts to reform the

juvenile justice system, with a case study of a

Introduction xxiii

CINTRO 08/18/2011 4:13:25 Page 24

youth-led community development program—

theHyde Square Task Force (HSTF) in Boston,

Massachusetts. Youth atHSTF,with the support

and encouragement of staff, initiate, design,

and implement advocacy projects to improve

their own circumstances and transform their

community. HSTF is nationally recognized as

a model for community-based youth develop-

ment, acting as an antidote to the forces that

pull youth toward involvement in the juvenile

justice system.

We move from program-specific innova-

tion to focus on systemwide reform in

Chapter 20. Schiraldi, Schindler, and Goliday

(experienced system administrators) thought-

fully advocate for systemwide reform to elim-

inate the training school and its mind-set, in

favor of a graduated, primarily community-

based approach to juvenile justice premised on

the tenets of positive youth development.

After reviewing the troubled history of the

reform school, and the promising alternatives

now available, they argue that this route is the

most likely to be able both to support youth

and protect and enhance communities.

In Chapter 21, Farrell and Myers (devel-

opmentalists interested in service systems’

operations) identify collaboration as the ‘‘new

imperative’’ across youth-serving systems. They

present the advantages of, and potential barriers

to, collaboration, and offer suggestions for

increasing service providers’ organizational

capacities to engage in this way. After recom-

mending the development of principles and

guidelines for evaluating systems change efforts,

Farrell and Myers conclude that systems pro-

viding services to at-risk and incarcerated youth

must findways to communicate, cooperate, and

share accountability for outcomes.

Chapters 22, 23, and 24 focus on the

significant contributions that relevant, reliable,

and accessible information can make to sys-

tems reform. In Chapter 22, Schneider and

Simpson, experienced data system consultants

to child-serving public agencies, highlight

how the quality, availability, and use of data

can either promote or impede agencies’ abili-

ties to plan, operate, and evaluate wisely. The

authors review the role that data systems have

played historically in these agencies, and the

current status, overall, of their information

systems; they then provide a detailed analysis

of the technical, logistical, and resource-

related challenges to be addressed before

agencies can shift to data-driven decision

making, using three JDAI (Juvenile Deten-

tion Alternatives Initiative) jurisdictions as

successful case examples.

In Chapter 23, Greenwood and Turner,

experienced consultants on evidence-based

practices for juvenile justice systems, review

the current state of evidence-based practice,

enumerating its demonstrable benefits, and

noting the challenges it may pose for agencies

adopting it. The chapter then provides the

framework by which the Blueprints for Vio-

lence Prevention project validates program

models as promising or efficacious, and in-

cludes an overview of successful programs.

The authors conclude with examples of the

implementation of such programs in selected

jurisdictions.

Finally, in Chapter 24, Butts and Roman

draw on their extensive experience as pro-

gram and systems evaluators to provide a

clear-eyed review of the research approaches

that inform evidence-based policy. Although

they support the increasing intention, and

practice, of using evidence to inform policy,

they caution against overreliance on it, detail-

ing the limitations of currently available

methods and products of research and eval-

uation for the tasks juvenile justice systems

have at hand. The authors conclude with

recommendations for enhancing the applica-

bility of research in this context.

xxiv I N T R O DU C T I O N

CINTRO 08/18/2011 4:13:25 Page 25

The volume concludes with an afterword

from U.S. Representative Robert ‘‘Bobby’’

Scott of Virginia. Congressman Scott, a na-

tional spokesperson for youth and families in

the juvenile justice system, notes prospective

federal legislation that focuses increasing at-

tention on less advantaged children, and

exhorts the federal government to continue

to demonstrate its leadership by enacting a

number of pending federal bills and initiatives,

such as the reauthorization of the Juvenile

Justice and Delinquency Prevention Act and

the Youth PROMISE (Prison Reduction

through Opportunities, Mentoring, Interven-

tion, Support, and Education) Act.

In reflecting both the exciting advances

and the considerable challenges currently

evident in the juvenile justice system, Juvenile

Justice: Advancing Research, Policy, and Practice

aims to make a modest contribution to the

movement toward a rehabilitative, youth and

community-centered vision of juvenile

justice.

REFERENCES

Dilulio, J. (1995, November 27). The coming of the

super-predators. Weekly Standard.

Puzzanchera, C. (2009). Juvenile arrests 2009.

Washington, DC: U.S. Department of Justice:

Office of Justice Programs: Office of Juvenile

Justice and Delinquency Prevention.

Schlesinger, A., Jr., (1986). Cycles of American history.

Boston, MA: Houghton-Mifflin.

Zimring, F. (1998). American youth violence. New York,

NY: Oxford University Press.

Introduction xxv

CINTRO 08/18/2011 4:13:25 Page 26

FLOC 08/18/2011 4:11:37 Page 27

Contributors

Linda L. Baker, PhD

Centre for Children and Families

in the Justice System

London, Ontario, Canada

Jessica Dym Bartlett, MSW, LICSW

Tufts University

Medford, MA

James Bell, JD

W. Haywood Burns Institute

San Francisco, CA

Marty Beyer, PhD

Independent Juvenile Justice and Child

Welfare Consultant

Cottage Grove, OR

Honorable Jay Blitzman, JD

Massachusetts Juvenile Court

Lowell, MA

Kathleen B. Boundy, JD

Center for Law and Education

Boston, MA

Paula Braverman, MD

Cincinnati Children’s Hospital Medical

Center

Cincinnati, OH

Edmund Bruyere, MS

Loyola University

Chicago, IL

Jeffrey A. Butts, PhD

City University of New York

New York, NY

Karen T. Craddock, PhD

Education Development

Center, Inc.

Newton, MA

Alison J. Cunningham, MA

Centre for Children and Families

in the Justice System

London, Ontario, Canada

Courtney Davis, MPP

New York University

New York, NY

Barry Dym, PhD

Boston University School of Management

Boston, MA

Marian Wright Edelman, LLB

Children’s Defense Fund

Washington, DC

Anne F. Farrell, PhD

University of Connecticut

Stamford, CT

LaTasha L. Fermin, MA

Tufts University

Medford, MA

xxvii

FLOC 08/18/2011 4:11:37 Page 28

James Garbarino, PhD

Loyola University

Chicago, IL

Laura Garnette, MPA

County of Santa Clara Probation Department

San Jose, CA

Jesus Gerena

Family Independence Initiative/Hyde Square

Task Force, Inc.

Boston, MA

Lisa Goldblatt Grace, LICSW, MPH

My Life My Choice/Justice Resource

Institute

Boston, MA

Sean J. Goliday, PhD

CSR, Inc.

Arlington, VA

Jessica H. Greenstone, MS

Tufts University

Medford, MA

Peter W. Greenwood, PhD

Association for the Advancement of

Evidence-Based Practice

Agoura, CA

Kimberly E. Harris, PhD

Centre for Children & Families in the

Justice System

London, Ontario, Canada

Robert L. Hawkins, PhD

New York University

New York, NY

Kristi Holsinger, PhD

University of Missouri

Kansas City, MO

Angela Irvine, PhD

National Council on Crime and Delinquency

Oakland, CA

Francine H. Jacobs, EdD

Tufts University

Medford, MA

Leah Jacobs, MA, MSW

University of California

Berkeley, CA

Rachael Kaplan, MSW, LICSW

Clinical Social Worker

Brookline, MA

Joanne Karger, JD, EdD

Center for Law and Education

Boston, MA

Richard M. Lerner, PhD

Tufts University

Medford, MA

Raquel Mariscal, JD

Senior Consultant/Annie E. Casey Foundation

Watsonville, CA

Joel Miller, PhD

Rutgers University

Newark, NJ

Claudia Miranda-Julian, MS, LICSW

Tufts University

Medford, MA

Robert Morris, MD

University of California

Los Angeles, CA

Megan Kiely Mueller, MA

Tufts University

Medford, MA

xxviii CON T R I B U TO R S