Adolescence can be a tough time for many children, between the onset of puberty, peer pressure, and grappling with the many factors beyond a young person’s control, such as family dynamics, food and housing insecurity, and more. Some children may act out in ways that bring them into contact with the youth justice system, or in some cases, the adult system. Many factors can increase the likelihood of legal involvement for kids, such as over-policing in schools, known as the school-to-prison pipeline, and being in the foster care system. By the time they reach age 17, over 50% of foster children will have an encounter with the juvenile legal system through arrest, conviction, or detention. The injustices of the criminal legal system are compounded for children, who are disproportionately impacted by their environment, by the impacts of isolation, and by severe sentences. Empower Missouri advocates for both policies that would reduce the likelihood of court involvement for youth, as well as for policies that create a more just legal system for both children and adults.
Most kids who come into contact with the legal system under the age of eighteen will be processed in the youth justice system. There are 45 individual juvenile circuit courts in Missouri, and the experiences of youth in these circuit courts across the state vary greatly. Children may receive diversion services, such as behavioral therapy or social service referrals, and may also be detained in a residential detention center. Courts can also opt to commit kids to the Division of Youth Services (DYS) within the State Department of Social Services. This may occur if a youth commits a more serious offense, has committed multiple offenses, or has needs that exceed what the circuit court can address. DYS typically retains jurisdiction over those children in its custody until they are discharged, reach the age of eighteen, or, in some cases, reach the age of 21. In recent years, the number of children committed to DYS has increased.
A smaller number of kids will be “certified” as adults, meaning that their case is transferred to the adult criminal legal system. This means that they can be sentenced as an adult and face a lengthy prison sentence in the Department of Corrections (DOC). It also means that until they reach age eighteen, they will live in isolation: while a child who has been certified is held in adult correctional facilities, they cannot legally be housed with adults, meaning that they spend the majority of their time alone. The process by which children are certified as adults is somewhat arbitrary- while hypothetically only for the most serious cases, the reality is that kids of color are overrepresented, and rural jurisdictions certify kids at a higher rate than their urban counterparts. Conversations with experts close to this issue in Missouri reveal that the number of certifications has increased in recent years.
Kids are Different
No matter the severity of the crime, the bottom line is that kids are different from adults. The Supreme Court’s 2012 ruling in Miller v Alabama found that sentencing someone under the age of eighteen to life in prison without the possibility of parole violates the 8th Amendment’s prohibition on cruel and unusual punishment. This ruling is backed by brain science: the prefrontal cortex, responsible for decision-making, executive function, impulse control, and long-term planning, is not fully developed until age 25. Adolescents are more easily influenced by external factors, such as their environment, than their adult counterparts. Most children naturally grow out of delinquent behavior, but incarceration can be counterproductive to this process. Children in adult correctional facilities are 34 percent more likely to recidivate than those within the juvenile system. Youth detention resulted in a 31 percent decline in the likelihood of graduating from high school and a 25 percent increase in the likelihood of being arrested as an adult. System-involved youth already have a higher likelihood of having mental health disorders. About 50 to 75 percent of youth entering juvenile detention centers meet criteria for a mental health condition, with comorbidity (the presence of two or more mental disorders) affecting about two-thirds of incarcerated youth. Youth incarceration has a hugely detrimental impact on outcomes throughout the life course, and as such, should be used extremely sparingly, as only an absolute last resort in the most extreme cases.
Stay tuned for part two of this series to learn about some common-sense reforms, such as ending the shackling of youth in court, that Empower Missouri is advocating for in the youth justice space. Soon we will also share details of ways to discuss these issues with us at events and deepen your involvement.
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