Origins of Pretrial Diversion for Juvenile Offenders
Researchers in the 1960s found that youth offenders could possibly be managed and supported by community built programs. This initial interest in programs emerged due to the lack of support coming from juvenile institutions that had been shown to negatively impact the future of young offenders. Congress passed the Juvenile Justice and Delinquency Prevention Act in 1974 in order to give juveniles different options other than the standard juvenile justice system based more on individual need. Since this Act was passed, there has been an emergence of more programs dedicated to juveniles and engaging them in their community.
Benefits of Community Programs
Why Engaging Community Programs can be Important
Targeted Solutions
Young offenders are all different and act in inappropriate ways due to different circumstances. With community programs, there are different opportunities for offenders that can be selected to fit the situation. Fore example, some offenders suffer from mental disorders, while others suffer from substance abuse. These different sources for problems require different solutions.
Positive Relationships
By keeping juvenile offenders out of institutions, they can integrate into their community and find purpose that serves themselves and others. Building relationships with other members of society is important in social learning and growth.
Potential for Reduced Recidivism
In a report made by the Washington State Institute for PublicPolicy, researchers found that recidivism was reduced by 2.7% with diversion programs rather than without (Drake, 2007). While this is not a large reduction, it shows potential as these programs continue to develop. It is also becoming increasingly known that retention from these programs is one of the most important factors in recidivism. This is why it is crucial to create more engaging community programs that encourage juvenile offenders to actually want to be active participants.
Why is Institutionalization Harmful?
Labeling
Harmful Stereotyping
A big issue with institutionalization of juveniles is described by the labeling theory which explains that if society deems a person to be “deviant”, that person will behave as a “deviant” will behave. By putting young offenders in institutions, it promotes their self image as a criminal and perpetuates the cycle of offending.
Stunted Education
Removing Children From School
When young offenders are sent to juvenile institutions, they are no longer attending school, which is often essential in further progression of life and career as an adult.
Punishment rather than Growth
Younger offenders are still growing and learning. Their minds are malleable and can be taught tools and coping mechanisms. By simply punishing these offenders, they are not learning to correct their behavior, they are simply being punished.
Community Service Programs
- Creating positive change within the offender and within the community with tasks such as feeding the homeless, cleaning up garbage, and assisting at animal shelters
- Improves self worth and builds empathy and caring
Youth Aid Panels
- Allows a panel to meet with offenders to choose a resolution and treatment plan. Resolutions might be writing an essay on the impact of the crime, apologizing, a drug and alcohol evaluation, and others. Therapy and the proper support networks are also decided upon.
Restitution
-Allows offender to take accountability for their action and learn the responsibility behind making decisions
-Could include an apology letter or community service to repair harm inflicted upon community
Disrupting School to Prison Pipeline in Action
The NCRC has begun working with San Diego school systems to teach restorative practices to teachers and students. These practices work on relationship building and ensuring that students have safe relationships. School suspension rates declined in San Diego and in California from 2012 to 2020 . Juvenile felony arrest rates also declined both in San Diego County and throughout the state from 1980 to 2020, from about 30 per 1,000 youth in the county 3 (KidsData(b), 2023).
Working with juvenile offenders to correct issues leading to negative behavior while they are still malleable has the power to create more change for their future and for the future of society.
