Transformation Through Accommodation: Reforming Juvenile Justice by Recognizing and Responding to Trauma

This article from the American Criminal Law Review “argues that our judicial system and legislatures, when crafting juvenile justice law, policy, and practice, cannot stop with merely incorporating the research behind the impact of normal adolescent development on the decisionmaking abilities of youth; they must also incorporate the research behind how the experience of trauma can further diminish such decision-making abilities. To that end, this Article proceeds in three parts. Section I provides an overview of normative childhood development, specifically highlighting key distinguishing features between adolescence and adulthood. Section I also explores the legal relevance that these key normative differences have to criminal law. Section II introduces trauma, the impact that trauma can have on the developing brain and stress response system, and the manner in which trauma manifests itself in the day-to-day lives of adolescents. In particular, Section II explores the scientific literature relating to how adverse childhood experiences can leave physiological, neurological, and psychological scars that follow an individual well into mature adulthood. Section III argues that the juvenile and criminal justice systems should accommodate trauma—just as they are increasingly accommodating the developmental differences between adolescents and adults—in light of recent research, case law, and existing legislative frameworks. Section III proposes that the juvenile justice system adopt a narrow goal of recidivism reduction while also implementing systemic changes that effectively accommodate the impact of childhood trauma. This Article concludes that effectively accommodating trauma in the juvenile justice system should lead to a smaller, more effective system; improved youth and family outcomes; and increased public safety.”