Congress is set to reauthorize the Juvenile Justice and Delinquency Prevention Act, originally passed in 1974. The law established a set of protections for juvenile offenders; state and local governments that adhere to its guidelines are eligible for federal funding to maintain and improve its juvenile justice facilities. As lawmakers review the bill, they should take into serious consideration research that demonstrates the negative effects the criminal justice system has on offenders and, ultimately, society. An improved act should include provisions that prevent courts from treating minors like adults. Instead, the courts should be urged to find alternative methods that ensure these youth offenders are able to return to society as productive, law-abiding citizens.
A recent report, written by Michele Deitch, an attorney with over 23 years experience working on criminal justice policy issues, demonstrates why the adult criminal justice system is a poor, and often dangerous, place for young offenders. Every year, nearly 80 young offenders 13 and younger are transferred to adult court, mostly for what are considered minor offenses. While held in adult facilities, these youth face a higher risk of both physical and sexual assault. The younger the child, the more at risk they are. Often, the decisions about whether or not a young offender will be treated as an adult are made with racial and other biases.
The U.S., as it is with most aspects of the criminal justice system, is behind the times when it comes to the way it treats its youth offenders. According to the report, most countries, even those considered among the worst of human rights violators, do not try young children as adults and do not give them long sentences. And with good reason: young children sentences to adult jails often return to society more violent than they left, only to end up back in jail, this time for more serious crimes.
In 2005, the U.S. Supreme Court declared it unconstitutional to sentence a youth under the age of 18 to the death penalty. Justices in support of the ruling felt these young minds were not mature enough to fully appreciate the consequences of their actions. That decision was a big step in toward creating a justice system that works to rehabilitate youth offenders. Now, Congress has the opportunity to build upon the Court’s ruling when it reworks the Act.
Young offenders should be tried and convicted within the juvenile justice system and laws that call for the mandatory transfer of juveniles to adult court should be removed from the books. These young people should be housed in safe, juvenile facilities. In addition to education, counseling should be mandatory for these young offenders. Connecting them with mentors, who can guide them as they leave the system, is also critical.
The way the U.S. currently approaches crime, particularly the crime of juvenile offenders, does not work. It has been shown to actually foster criminality, not prevent it. It is time that new approaches are used to ensure these young people return to society ready to contribute. Doing so will contribute to a reduction in crime, creating safer neighborhoods for everyone.
I need to know how to handle the adult issues my children are putting themselves into as I did in my teens up into my 30s. I’m now 33 & clean. What I’m agonizing over right now are the way my children are heading. My daugther had sex with a 15 yr old when she was 12 & my 15 yr old son was just caught smoking pot at school. I am scared out of my mind! I have told my kids all about my past & the consequences of my actions that myself AND my children are still suffering because of them. I have covered all bases on the issues I speak of & yet they still go out & do exactly what I’ve preached against. I feel like they are skating on thin ice in which direction they will go in life & it’s in my hands & is such a huge responsibility on my part to try & guide them. It will break my heart to see them inflict the kind of pain on themselves that drugs & premarital sex brings. I am willing to fight for my kids but just how far do I go? Please help me with your knowledge and advice ASAP. Thanks so very much for listening & God bless you… Kristin
I very much enjoyed your TV show (laughed for the last 10 years!) but more so, I admire your interest in attempting to change the lives of people who need real help. When I was an undergraduate at Rice Unversity, working for the esteemed Dr. Lee Brown as a research student, I was fortunate to investigate this matter. The concept was to assist the legislators of Texas in finding the best treatment programs for youth with criminal convictions in true rehabilitation programs rather than merely sentences before release back into the community. Unfortunately, the time was not right in gaining support for any new legislation. Texas is a fairly unforgiving state when it comes to criminal convictions and has been well known for some of the greatest penalization regardless of any age. I lived in Hawaii for the last 5 years and came back with a renewed hope that at least in Austin, TX we can fight for the future of our youth. What a great and decent humanitarian that you are. America wishes you well and many happy returns. Keep us laughing in the mean time
Judge Mathis: I truly respect your opinion and all that you do. HOWEVER, your opinion on this blog and the decision you made on today’s show (11/13/09) judging against the 4 young boys and for their mother seems to be a contradiction. It was heart-breaking to watch and particularly disturbing. Especially watching the after-court interaction when one of the boys couldn’t control his pain and emotions. Obviously the mother did not tell the whole story behind her illegal behavior in the home – which must lead to much of the boys’ disfunctional behavior. She took absolutely no responsibility and it was unfortunate that you could not see that. The entire family came to you for an intervention and help and in your blog that is what you speak to – Why on earth wouldn’t you try and help these 4 boys when their mother admittedly smoked pot and drank and took things out on her boys? I’m sure their household is terrible. She needs to take some responsibility for what is happening to her children. Maybe she needs to go to jail for her bahvior? THESE BOYS WERE ASKING YOU FOR YOUR HELP. COULDN’T YOU FEEL THE BOY’S FRUSTRATION AND PAIN? PLEASE RECONSIDER HELPING THESE BOYS AND SENDING THEM TO A BOOT CAMP OR SOME PLACE THAT COULD CHANGE THEIR LIVES! YOU COULD MAKE A DIFFERENCE IN THEIR LIVES.
Thank you for your opinion and the concern that you express for the four young boys. I am pleased to inform you that counseling was offered to the entire family following the show. And the feedback from the young men to our show has been very positive. Some times tough love is the most effective love to get people decide to make a change.