HEALTH & JUSTICE FOR YOUTH

Mobilizing Health Professionals Against the Juvenile Death Penalty

Following the Supreme Court ruling, PHR Executive Director Leonard Rubenstein said: "We are thrilled about the decision. It provides a legal grounding for what scientists have shown - that kids are different from adults."

Health and Justice for Youth

Who Are These Kids?

Overwhelmingly, youth in the juvenile justice system are some of the most vulnerable and marginalized in our society. The majority come from backgrounds of poverty, trauma and abuse and suffer from a broad range of mental health disorders. Unfortunately, the juvenile justice system is lagging in its ability to provide appropriate services that address trauma, culture and gender.

Youth from the Child Welfare System

Often labeled "crossover kids," youth in the child welfare dependency system are at high risk for eventually ending up in the juvenile justice system.

Children may enter the child welfare dependency system for reasons of child abuse, neglect, domestic violence or other unsafe conditions in the home. They are often plagued with physical, emotional, psychological and mental problems due to serious maltreatment. Research suggests that youth who do not receive intervention often develop behavior problems, which lead to delinquency. Multiple shifts among foster and group homes further create disconnection from stable, positive relationships. Studies show that numerous out-of-home placements typically precede a youth's incarceration. As a result, these kids are doubly penalized: they suffer the trauma of a negative home situation and then are criminalized for trauma effects that manifest as delinquent behaviors.

Youth of Color

Although youth of color only make up 32% of the general population, they represent 68% of those in juvenile justice according to the Office of Juvenile Justice and Delinquency Prevention. Differential treatment among youth of color is clear: they are arrested, detained, adjudicated and incarcerated at much higher rates than white youth, even for similar offenses. One study found that of incarcerated adolescents, 77% were African-American, 15% were Hispanics, and only 7% where white. Further, youth of color are much more likely than white youth to be transferred to the adult system.

There are a variety of factors that contribute to the over-representation of youth of color, including poverty, discrimination, lack of access to quality legal, health, and support services. Culturally competent practices must be developed and strengthened to address the unique needs of youth, families and communities of color.

Girls

Though girls are the fastest growing population in juvenile justice, the system has failed to consider their special needs. Up to 92% of incarcerated girls have experienced physical, sexual and/or emotional abuse before entering the system. One study in Colorado revealed:

More than 45% have been beaten or burned at least once

40% have been raped

65% suffered from post-traumatic stress disorder

32% had (or previously had) chronic health problems

32% had current or past sexually transmitted diseases

14% were pregnant at the time of detention

62% report drug use and 50% report parental drug use

For many, the abuse and trauma does not stop when they are incarcerated. Increased risks for physical and sexual violence and harsh treatment, including seclusion, loss of privacy, and methods of asserting authority, can often re-traumatize and re-victimize girls, leading to self mutilation and suicide. Gender-specific programs are needed to address their unique needs.

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