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U.S. Prisons & Juvenile Delinquents
By Raiaab Ajmal and Leena Mohammed, 7/14/2020

Skirting the Law: A Picture of Negligence
Since the founding of the United States, the justice system has struggled to categorize legal wrongs and misdemeanors among children and adapt them in ways suitable to their age. In 1899, the court system created juvenile detention centers. The concept behind a juvenile detention center or a youth prison seems to be a good idea, in theory. However, Americans must acknowledge that even the systems that have been put in place for children are seen as the most restrictive facilities in the juvenile justice system. 92% of juvenile delinquents are placed in locked detention facilities, where the government uses restrictive gear such as mechanical restraints and straitjackets. Furthermore, these institutions isolate them for at least four hours daily. Thus, these facilities are both psychologically abusive and unsafe for children.

While activists have tried time and again to find methods to house those who have committed misdemeanors and reform them to re-enter society as productive adults, they have yet to find a suitable measure. Thus, the government places young criminals in adult-styled prisons. Many states imprison those under 18 alongside adults. This action is a direct violation of the Juvenile Justice and Delinquency Act, but for prisons, it is cheaper and easier to ignore the legislation.  In fact, 10% of all adolescent criminals in the United States are incarcerated with adults. This statistic not only means that their sentences could last up to 25 years, but also puts these children at risk of sexual abuse by adult prisoners. This risk would not be permitted in any other circumstance, yet it is not seen as a violation of human rights in this given situation. It seems almost hypocritical to imprison people for inhumane acts such as sexual abuse or pedophilia, but turn a blind eye to these exact situations when they happen inside of prisons. 

Not only do these children encounter cruelty, but they also do not feel safe enough in their environment to report such incidents. According to a recent study, only 10% of the victims feel like they can come forward in the aftermath of violence or rape. Due to this fact, the prison system has a considerable effect on the mental health of imprisoned youth. Adolescents, mentally, do not function as adults. Unsurprisingly, teenagers in adult prisons are twice as likely to commit suicide than their adult inmates. Tackling youth suicide seems to be a large concern for the American government; however, its lack of concern regarding detention centers is alarming. 

Various civil rights attorneys report that the judicial side of this system is flawed. 20% of youth in these prisons are detained for minor offences, such as technical violations. Many families are asking for justice for their children. Additionally, in the United States of America, 19 states permit the execution of sixteen/seventeen-year-olds. Since the 1970s, 226 of these death sentences have ended in executions. This flawed system is essentially killing children. The gravity of this issue needs to be acknowledged - prisoners are stripped of their human rights once they have committed a crime. Children need to be rehabilitated, not detained. The juvenile prison system does very little to serve the community. Children deserve better, and they deserve a second chance.
​Effective and Moral: A Defense
A little over a century ago, the courts referred to the youth of colonial America as “miniature adults.” This standard changed in 1899 when the juvenile court system was introduced, with the first of its kind established in the state of Illinois. Since then, there have been several debates on “juvenile crime” which can be defined as a “crime committed by young people below a specific age (18 in most countries) and juvenile confinement.” Approximately 60,000 of the youth of the United States of America, aged 12-21,  are confined to the country’s prison system, with a majority of them between the ages of 15-17. As reports suggest, 85% of these offenders are male, while the remaining 15% are female or non-binary. The courts place these offenders in roughly 1,772 correctional-style juvenile facilities and adult prisons all over the country. Some of these juvenile facilities include detention centers, group homes, secure facilities also known as training schools, wilderness camps and diagnostic centers. 
​

The juvenile justice system of America is composed of one federal jurisdiction, coupled with numerous state, territorial and local administrations. These bureaucratic powers work together under the authority of the United States Constitution to fight juvenile crime with the help of the police and various other law enforcement. Not only does this system discipline wrong-doers through various activities and processes such as community service, probation, youth court, juvenile detention and alternate schooling, it also consists of certain features that penalize the parents or guardians of the child. 

Although the basic framework of the justice system is similar to that initiated in 1899, there have been some definite and notable changes in it, too. One of the biggest differences includes juvenile delinquents having more procedural rights in court: they now have the right to an attorney in court and possess the right to be independent of self-incrimination. All 50 states have enacted the “juvenile code” which sets certain criteria for juvenile confinement. This code addresses various details and factors, such as the crimes themselves, the circumstances and environment they were committed to, the background of the offender, the procedure of dealing with these actions, the judicial response and the rights of the juvenile offender. 

One of the main goals of this juvenile jurisdiction is to protect children from the punitive penalties of adult criminal courts and to promote rehabilitation and recovery based on the needs of individual juveniles. Defenders of the system have often claimed that age and vulnerability must be taken into consideration in all aspects of life. Defenders believe that placing children on the same spectrum as adults and treating them in an identical manner seem unjust. This vulnerability also builds on the idea that young people are still developing and have not had the same experiences as adults, so it is vital that they are treated differently to adults when they commit an offence.  

Unlike adult prison systems around the world, juvenile systems are programmed in a way which benefits the delinquent. Not only do they present opportunities for these offenders to continue schooling,  but they also provide medical services and mental health treatment. One great example is the Mason County Juvenile center in Washington which provides resources to the juvenile offenders to continue their education, physical activities and exercise programs, access to library resources, allotted visitation with family members and, medical and mental health services. 

Many felons hail from broken homes. Family members are often violent drug-abusers, who project extremely negative energy on children. The centers help children escape these homes, which many past delinquents have described to be “torturous.” Such centres can prove to be a safe haven for many of these children, allowing them to rehabilitate and use the facilities provided fully to emerge as better versions of themselves. Not only are they removed from the root of their issues, but they are also provided with a chance to enhance their skills and are also given the opportunity to work on their education. 
Reports suggest that since 2000, the number of youth in confinement has fallen by 60%, and these numbers keep growing, which proves that the endorsement of such centers is vital in battling juvenile crime. ​
International Youth Politics Forum, Est. 2019

All arguments made and viewpoints expressed within this website and its nominal entities do not necessarily reflect the views of the writers or the International Youth Politics Forum as a whole.

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