What Goes Up But Never Comes Down? Juvenile Punitive Practice Within the United States

From the Introduction of the Paper: 

“The U.S.’s failure to implement an internationally abiding federal law regulating juvenile justice has important implications on the treatment of incarcerated adolescent populations while incarcerated, rehabilitated, and reintegrated into society. This article will analyze the harmful and outdated legal frameworks and institutional structures of the U.S. juvenile justice systems. Looking to international standards for inspiration and guidance, this article proposes strong federal legislation to better protect the rights of incarcerated juveniles.  

Part I of this paper will provide an overview of the “modern” U.S.’s juvenile justice systems as it relates to incarceration, highlighting the lack of federal regulation and individual state practices. Part II will discuss the international standards for juvenile justice, focusing on the United Nations Standard Rules for the Administration of Juvenile Justice,10 the United Nations Convention of the Rights of a Child, the United Nations Guidelines for the Prevention of Juvenile Delinquency, and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. Lastly, Part III argues that exceeding the international standards by codifying a federal juvenile justice code, encompassing a new minimum and maximum age of criminal responsibility, emphasizing imprisonment as a last resort, and outlawing solitary confinement are needed to protect juvenile human rights and dignity in the U.S.”

File Type: pdf
Categories: Law Review Articles, Resource Library
Tags: 8th Amendment, Age as Mitigation, Alternatives to Incarceration, Conditions of Confinement, CRIPA, Detention, Disabilities, DOJ, Facility Staff, Federal Juvenile Legal System, Historical Analysis, Human Rights, International Law & Treaties, JJDPA, Juvenile Life Without Parole, Least Restrictive Alternative, Mass Incarceration, Minimum Age of Prosecution, Parens Patriae, Physical Restraint, Post-Adjudication Placement or Incarceration, Racial and Ethnic Disparities, Sentencing, Solitary Confinement, Special Education, Standards, Transfer or Bindover or Certification, Youth in Adult Court