Healthy Adolescent Development and the Juvenile Justice System: Challenges and Solutions
Caitlin Cavanagh
SummaryOriginal

Summary

The study shows that good parenting makes a big difference and how parents interact with their teens shapes their brain development related to emotions.

2022

Healthy Adolescent Development and the Juvenile Justice System: Challenges and Solutions

Keywords adolescent development; juvenile justice; reform

Abstract

Adolescents are developmentally distinct from adults in ways that merit a tailored response to juvenile crime. Normative adolescent brain development is associated with increases in risk taking, which may include criminal behavior. Juvenile delinquency peaks during the adolescent years and declines in concert with psychosocial maturation. However, current U.S. approaches to juvenile justice are misaligned with youth's developmental needs and may undermine the very psychosocial development necessary for youth to transition out of crime and lead healthy adult lives. In this article, I discuss empirically supported and efficacious responses to juvenile crime in the United States, as well as opportunities for further developmental reform of the juvenile justice system. Developmentally appropriate responses to juvenile crime prioritize community-based corrections and engage youth's social context in the rehabilitative process. The juvenile justice system shares the responsibility to prepare youth to live fulfilling, productive adult lives; that responsibility can be achieved by partnering with developmental scientists to inform juvenile justice practice and policy.

Adolescence is a time of increased risk taking, which for some youth may include illegal behavior. As a result, approximately 700,000 U.S. youth are arrested and processed through the juvenile justice system annually (Office of Juvenile Justice and Delinquency Prevention, 2020). Although the principal goal of the juvenile justice system is to rehabilitate youth, when viewed through a developmental lens, today's juvenile justice system falls short of supporting healthy adolescent development. Developmental science improves our understanding of children's behavior—including law-breaking behavior—and the most effective ways to adjust that behavior. Accordingly, developmental research can be applied to create a more effective and supportive juvenile justice system.

ADOLESCENT BRAIN DEVELOPMENT AND RISK TAKING

During adolescence, structural and functional changes to the adolescent brain underpin psychosocial development. These developmental processes have implications both for adolescent behavior and for appropriate system responses to adolescent crime. Although the developmental immaturity of adolescents alone does not cause juvenile delinquency, it is associated with risk taking, which often overlaps with criminal behavior.

Normative brain development underpins risk taking

The normative neural, biological, and psychosocial changes that characterize adolescence are associated with increased risk taking. Compared to adults, adolescents are less able to consider the consequences of their actions, plan for the future, control their impulses, and regulate their emotions (Casey et al., 2022). Additionally, the adolescent brain is very sensitive to social rewards, easily emotionally aroused, and primed to seek new sensations (Blakemore, 2012). While these normative changes can be adaptive, they are also implicated in risky behavior. For example, sensation seeking may propel youth to develop an independent identity and explore opportunities, but also spurs them to take risks (Crone & Dahl, 2012). Risk taking itself is intrinsically rewarding to adolescents (Albert & Steinberg, 2011), particularly in the presence of peers, which activates reward centers in the adolescent brain (Crone & Dahl, 2012).

Maturation takes place across different brain regions on distinct timetables. During adolescence, cognitive development occurs before socioemotional maturation, creating a gap in competencies. As a result, adolescents can make rational decisions in unemotional contexts, but may struggle to make mature decisions in emotionally arousing contexts (Shulman et al., 2016). A study of 10- to 30-year-olds from 11 countries of varied political, cultural, and economic contexts identified the same gap between youth's psychosocial and cognitive capacities (Icenogle et al., 2019), suggesting an endogenous rather than cultural explanation for these patterns.

As youth mature into adulthood, further brain development improves communication between the prefrontal cortex and the emotional centers of the brain so emotion regulation and behavioral control increase, and impulsivity and sensation seeking decrease. These changes result in a corresponding decrease in risk taking; according to a longitudinal study of racially diverse 9- to 18-year-olds in the United States, the tendency to engage in risky behavior peaks in mid-adolescence (Collado et al., 2014). Likewise, decades of research stemming from seminal criminological theory suggests that most youthful offenders desist from crime during adulthood (Moffitt, 1993). For this reason, juvenile delinquency is more appropriately considered a type of adolescent risk taking than a discrete form of antisocial behavior akin to adult criminality (Steinberg, 2014).

The developmental context and intervention strategies

Despite the normative increase in risk taking during adolescence, not all teenagers break the law and very few commit serious crimes (Office of Juvenile Justice and Delinquency Prevention, 2020). Rather, delinquency represents a dynamic interaction between developmental immaturity and a youth's context (Scott et al., 2018). Indeed, risk taking is manifested differently between youth, ranging from overtly illegal behavior like vandalism to legal but generally risky health behaviors like unsafe sex to prosocial behavior like aggressive athleticism in organized sports (Steinberg, 2014). How youth risk taking manifests may depend on the social environment. Household rules, parenting styles and practices, peer trends, school opportunities, and neighborhood factors all play a role in shaping adolescents' behavior, including risky behavior. Juvenile justice system approaches to rehabilitation should be responsive to the dynamic interaction between youth's social context and their development.

CURRENT APPROACHES TO JUVENILE JUSTICE AND OPPORTUNITIES FOR REFORM

The foundational tenets of the U.S. juvenile justice system are that youth are amenable to rehabilitation and fundamentally different than adults when it comes to criminal responsibility. Yet, despite this founding mandate, “get tough” crime policies during the 20th century shifted the goal of the juvenile justice system from rehabilitation to punishment. During this period, the number of youth who were detained, transferred to adult courts, and housed in adult facilities increased sharply, even as juvenile crime rates fell (Cavanagh et al., 2021).

In the beginning of the 21st century, the juvenile justice system began to return to its founding goal of rehabilitation. Advocates and researchers collaborated to apply developmental science to juvenile justice laws, policies, and practices. National professional juvenile justice organizations recommended and devoted resources to the use of developmentally supported policy. Several U.S. Supreme Court cases (Graham v. Florida, 2010; Miller v. Alabama, 2012, Montgomery v. Louisiana, 2015; Roper v. Simmons, 2005) acknowledged developmental research on the fundamental differences between juvenile and adult decision-making, and youth's strong potential for reform. Legislative changes at the local, state, and federal levels reduced the number of youth transferred to adult courts, incarcerated, and held in solitary confinement; improved community-based corrections; and increased the use of risk assessment and mental health screening tools. Although juvenile justice academics and practitioners champion maintaining this progressive trajectory in the face of headwinds toward a punitive approach (Cavanagh et al., 2021), more progress is needed for the juvenile justice system to truly reflect developmental science.

The mismatch between current juvenile justice approaches and adolescent development

The malleable adolescent brain is responsive to environmental stimuli. Thus, juvenile justice system responses must support youth's developmental needs. Yet, some juvenile justice approaches may be mismatched to these needs, undermining healthy adolescent development.

A punitive system and a reward-sensitive population

Developmentally, youth have difficulty considering the consequences of their actions (Shulman et al., 2016). In the justice system, punishment serves a deterrent function. In other words, one goal of a punitive justice system is to cause potential offenders to consider the consequences of their crime before committing it and decide to abstain instead. As a result of their developmental immaturity, adolescents are not well equipped to understand the potential consequences of their crimes, so a punitive approach is unlikely to deter delinquency (Lee et al., 2018). Youth are developmentally sensitive to rewards (Casey et al., 2022); expecting youth to flourish in a punishment-based system rather than a reward-based system sets them up for failure.

Juvenile justice system contact shifts youth’s social context

Children learn pro- or antisocial behavior patterns through exposure to key socializing units (e.g., family, school, peers, community institutions; Catalano & Hawkins, 1996). Healthy maturation during adolescence hinges on reciprocal interactions with a social context that provides a caring, authoritative adult figure and a prosocial peer group (Scott et al., 2018). Yet, juvenile corrections approaches undercut these social needs.

For youth who are detained, the detention context comprises their social world. In 2019, 36,479 youth were held in residential placement facilities in the United States on any given day (Office of Juvenile Justice and Delinquency Prevention, 2020). Although the specific environmental conditions within youth detention facilities vary widely, all detained youth are removed from their typical social context and placed in an atypical social context during a time of extensive social development. Most detention settings do not foster caring relationships between youth and an authoritative adult. The power dynamic between guards and detained youth is typically characterized by hostility and power, and devoid of caring guidance (Woolard et al., 2005). With respect to peers, detained youth's social interactions are with other detained individuals. Youth detained in adult facilities are vulnerable to exploitation by older inmates (Ahlin, 2020). Youth detained with same-aged peers may learn new methods of antisocial behavior from antisocial peers (“deviancy training”; Dishion et al., 1996). In this sense, incarceration may stall adolescents' psychosocial development by reducing opportunities for normative social experiences, disrupting contact with key social others (e.g., parents, friends, teachers, mentors) and increasing contact with antisocial others (i.e., fellow inmates). Because delinquent behavior results from a dynamic interaction between developmental immaturity and bonding to antisocial socializing units, this may increase the likelihood of future delinquent behavior (Scott et al., 2018).

The stakes of appropriate intervention

Adolescence is a seminal time during which youth acquire the tools, psychosocial skills, and identity that form their adult life. However, it is also a high-stakes time during which developmentally suboptimal events may have outsized consequences. Adolescence is considered the final period of developmental plasticity, when large-scale transformations in brain circuitry transpire (Galván, 2014). Neurological research on developmental plasticity has highlighted how the social environment and “turning point” events can shape adolescent brain development and as a result, the trajectory of a youth's life (Dow-Edwards et al., 2019).

The very regions of the adolescent brain that are associated with risk taking may not be able to mature appropriately in developmentally unsupportive contexts. Thus, experiences with the juvenile justice system can either support or undermine healthy psychosocial development away from risk taking. Some researchers conceptualize adolescence as a time of growth and opportunity for this very reason (Steinberg, 2014). Juvenile justice interventions must capitalize on the opportunity of adolescence through developmentally supportive practices rather than undermining development by providing an environment unconducive to growth.

DEVELOPMENTALLY SUPPORTED ALTERNATIVES FOR POLICY AND PRACTICE

To maximize adolescents' potential and reduce their likelihood of further involvement in crime, juvenile justice policy must recognize developmental science. Interventions by the justice system should provide meaningful opportunities for youth to acquire the skills necessary to prepare for autonomous adult roles.

Codifying developmentally appropriate legal responses

Developmental research has a role to play in juvenile justice reform efforts that seek to match youth to legal responses that are developmentally appropriate. Recent reform efforts have centered on codifying the ages at which youth are eligible for juvenile justice system intervention. The Raise the Age movement seeks to increase the maximum age of juvenile court jurisdiction. Although the federal age of majority in the United States is 18, in some states 17-year-olds are automatically sent to the adult court system rather than the juvenile justice system, despite their developmentally distinct rehabilitative needs. Thanks to the work of advocates, over the last two decades, 11 U.S. states have enacted legislation to raise the age of criminal responsibility to 18 years. Recently, Vermont became the first state to raise the age of juvenile justice jurisdiction to 20 years, in line with evidence that brain development continues beyond age 18; reformers are calling for other states to follow suit (Menon & McCarter, 2021).

Raise the Minimum Age efforts seek to increase the minimum age of juvenile court jurisdiction to 12 years old, in line with the United Nations Convention on the Rights of the Child. Most states (28) have no minimum age for prosecuting children in the juvenile justice system, while others set the minimum age as low as 6 years old. Raise the Minimum Age proponents argue that children under 12 are too cognitively immature to display the legal concepts of competency (i.e., fitness to stand trial) and capacity (i.e., criminal responsibility), that the standards for evaluating these concepts in children are neither uniform nor empirically supported, and that children are too immature to benefit from the interventions offered by the juvenile justice system (Abrams et al., 2020). Indeed, a review of research on neurocognitive, physical, sexual, and psychological maturation suggested 10 to 24 years as a more appropriate demarcation of the adolescent years, an argument that supports both Raise the Age and Raise the Minimum Age efforts (see Casey et al., 2022). Yet, relative to Raise the Age reforms, the Raise the Minimum Age movement has received less attention from policymakers and academics, positioning this reform movement as one in need of research from applied developmental scientists (Abrams et al., 2020).

Community-based corrections

Given the developmental salience of youth's social context, community-based correctional programs rehabilitate youth more effectively, provide greater continuity after court supervision has ended (Petrosino et al., 2022), and involve fewer health challenges (Barnert et al., 2020) than residential placement. Community-based approaches allow youth to prepare for life in their communities by addressing deficits and leveraging strengths in those contexts, rather than isolating youth through incarceration. For example, research suggests that multisystemic therapy reduces recidivism in youth precisely because therapists interact with youth as embedded members of their social contexts (i.e., family, peers, school, neighborhood; Lipsey, 2009). Community-based corrections take many forms; next, I discuss opportunities for developmentally supported components of this approach.

Use risk-needs assessments to guide case planning

Juvenile risk assessments are standardized instruments that estimate the likelihood that youth involved with the courts will reoffend based on empirically validated, criminogenically linked criteria (e.g., youth's personality, attitudes, school, family, peers, community; Andrews & Bonta, 2010). The success of these tools hinges on juvenile courts ensuring that they are reliable and valid for the local population and are administered with fidelity. Additionally, training and booster sessions should highlight the importance of responsivity, or how treatment should be provided for maximum efficacy in response to risk and needs (Holloway et al., 2018). Risk assessments often include a complementary appraisal of protective factors (strengths) in the same domains that risk was assessed. This strength-based approach facilitates holistic and effective case planning by simultaneously addressing youth's weaknesses and leveraging their strengths (Vincent et al., 2012). Indeed, meta-analytic findings suggest that courts that use reliable, valid juvenile risk assessments have lower rates of recidivism and higher rates of treatment compliance than courts that do not use these tools (Schwalbe, 2007).

Courts can provide developmentally appropriate rehabilitative care by assessing each youth's areas of need and matching the youth to skill-oriented services accordingly (Nelson & Vincent, 2018). Deterrence-based, punitive approaches are not developmentally appropriate; rather, skill building through positive reinforcement and rewards is more effective. For example, youth with deficits in the peer domain may be directed to programs that improve social skills to help them befriend prosocial peers. Strengths can similarly be leveraged: For youth with an interest in a certain career, programs that connect individuals to vocational skills in that career can prepare them for work under the supervision of a professional, who may double as a positive adult influence.

Implement restorative justice

Restorative justice (RJ) is the practice of convening crime victims and perpetrators so perpetrators can repair the harm done by their behavior. This approach shifts the response to crime away from punishment and toward making amends. In shifting focus, victims feel greater satisfaction and perpetrators develop healthier self-identities and social skills.

RJ approaches bolster youth's developmental needs. RJ identifies and addresses the source of the law-breaking behavior, both to hold the offender accountable and to more effectively integrate the offender into a supportive social network. By hearing directly from victims (and often, the youth's family or other caring adults in the community) about the harm their behavior caused, youth can take accountability while also practicing empathy and reintegrating into their community in preparation for adult roles (Frampton, 2018).

In addition to the potential developmental gains of RJ, in a meta-analysis of the approach, RJ programs moderately reduced recidivism relative to traditional juvenile court processing (Wilson et al., 2018). However, the success of RJ hinges on appropriate implementation and a match between youth's needs and what RJ offers; the meta-analysis concluded that diversion may be more effective than RJ for low-risk youth.

The social context of youth involved in the justice system

A youth's social context is critically important to healthy development and desistance from crime. Although an individual's social context spans many social interactions across levels, parents and peers are adolescents' two primary agents of socialization (Harrist & Criss, 2021).

Incorporate parents in the rehabilitative process

Youth involved in the justice system need a caring, authoritative adult to provide guidance. This is accomplished most parsimoniously through programs that help parents fulfill this role. However, justice system contact itself has a reciprocal, synergistic effect on the parent-adolescent relationship. In a longitudinal study of Black, Latino, and White 13- to 17-year-olds, the effect of a high-quality parent–child relationship at the time of a youth's first arrest reduced youth's recidivism. However, as youth continued to offend over time, parents reported less warmth in the relationship, suggesting that continued delinquency erodes the very relationship that protects against future delinquency (Cavanagh & Cauffman, 2017a). Thus, rehabilitative court interventions must deliberately help foster a strong parent–child bond.

A family-level perspective is important whether youth undergo community corrections or residential placement. Many successful community-based correctional programs leverage parents' existing skills and help them develop new skills to maximize their competence. Such programs highlight parental engagement and supervision and provide actionable tools for authoritative parenting (Kumpfer et al., 2015). Family relationships are important for the success of detained youth both during (Perkins-Dock, 2001) and after incarceration (Ruch & Yoder, 2018), yet extended periods of confinement weaken social bonds (Lynch & Sabol, 2001). Therefore, maintaining positive parent–child relationships during incarceration may be a mechanism for improving detained adolescents' well-being, as well as reducing likelihood of recidivism.

Despite consensus that parents should be partners in their child's rehabilitative process, no clear model or set of expectations exists for parental involvement (Burke et al., 2014). Additionally, parents face many challenges to participating. One challenge is that juvenile justice system practitioners and parents, while aligned in rehabilitating youth after an arrest, are not always aligned in their knowledge and attitudes. In a longitudinal study of parent–child dyads of arrested Black, Latinx, and White 13- to 20-year-olds, parents—particularly those of low socioeconomic status or from racial/ethnic- or linguistic-minority groups—knew little about how the juvenile justice system functions, and that limited legal knowledge was associated with less participation in their child's legal proceedings and ultimately, higher youth recidivism (Cavanagh & Cauffman, 2017b). Parents' lack of legal knowledge can be compounded by tense relations between parents and legal actors. When their child is consistently arrested over time, parents develop more negative attitudes toward the justice system (Cavanagh & Cauffman, 2019) and may socialize their children to hold similarly negative attitudes (Cavanagh & Cauffman, 2015).

A second challenge is that parental participation may be hampered by systemic racism. Although it is widely recognized that a disproportionate number of non-White youth enter and are processed by (rather than diverted from) the juvenile justice system, little progress has been made to reduce these racial/ethnic disparities (Cavanagh et al., 2021). From a developmental perspective, differences in family structure and function may reflect cultural differences rather than risk of criminality. For example, in a study of 13-year-olds in Arizona that controlled for actual family-level risk, probation officers rated Latino families as lacking appropriate parental supervision relative to White families, an attribution that informed harsher youth processing recommendations (Goldman & Rodriguez, 2020). Likewise, in a study of majority-Latino 13- to 17-year-olds in California, probationary restrictions undermined rather than augmented existing parental supervision practices (Fine et al., 2020).

The gap between the expectation that parents will partner with the juvenile justice system and the reality that parents (especially from minoritized families) face barriers to doing so presents an opportunity for developmental research. To move toward both equity and developmental reform, we must apply what we know about diverse, supportive parent-adolescent relationships to juvenile justice rehabilitative approaches.

Shift toward prosocial peers

Ideally, a youth's rehabilitative process limits access to and influence from antisocial peers while encouraging contact with prosocial peers. This is a challenge in residential settings, since the proximate peers are definitionally also antisocial. When residential placement is necessary, facilities should be very small, create a structured environment, and limit casual peer contact (e.g., the Missouri Model; Huebner, 2013).

Community-based interventions should help youth avoid the temptation of antisocial peer groups by facilitating connections with prosocial peers and building skills to reduce peer influence. Given the importance of (re)integrating youth with prosocial peers, school district policies that isolate or exclude youth who have been arrested are iatrogenic and serve only to further push youth to antisocial peer groups (Lipsey, 2009). Additionally, youth should be given the tools to get involved with prosocial activities (e.g., sports, clubs, volunteerism), where they may meet new prosocial peers (Farb & Matjasko, 2012).

CONCLUSION

Youth are developmentally different from adults in ways that merit a tailored societal response to crime. Adolescent risk taking, including actions that result in law breaking, is not necessarily a sign of adult criminality; most youth outgrow this tendency. A more ethical, empirically supported, and efficacious response to juvenile crime can match youth to developmentally appropriate legal responses, prioritize community-based corrections, and engage youth's social context in the rehabilitative process.

Juvenile crime has been decreasing for decades (Office of Juvenile Justice and Delinquency Prevention, 2020), largely the result of our improved understanding of developmentally appropriate interventions for youth involved in the justice system and the recognition of these interventions by lawmakers and practitioners. Yet, current approaches to juvenile justice still undermine healthy outcomes for youth. Applied developmental science is critical to guide decision-making in policy and practice. Only by providing youth with healthy developmental contexts and developmentally appropriate tools can we move toward more holistic and effective rehabilitation.

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Abstract

Adolescents are developmentally distinct from adults in ways that merit a tailored response to juvenile crime. Normative adolescent brain development is associated with increases in risk taking, which may include criminal behavior. Juvenile delinquency peaks during the adolescent years and declines in concert with psychosocial maturation. However, current U.S. approaches to juvenile justice are misaligned with youth's developmental needs and may undermine the very psychosocial development necessary for youth to transition out of crime and lead healthy adult lives. In this article, I discuss empirically supported and efficacious responses to juvenile crime in the United States, as well as opportunities for further developmental reform of the juvenile justice system. Developmentally appropriate responses to juvenile crime prioritize community-based corrections and engage youth's social context in the rehabilitative process. The juvenile justice system shares the responsibility to prepare youth to live fulfilling, productive adult lives; that responsibility can be achieved by partnering with developmental scientists to inform juvenile justice practice and policy.

Developmentally Informed Juvenile Justice: A Call for Reform

Introduction

Adolescence is a period of heightened risk-taking, including behaviors that may violate the law. However, developmental science suggests that adolescent delinquency should be viewed as a form of risk-taking rather than adult criminality. The juvenile justice system should prioritize rehabilitation and support healthy adolescent development. Despite progress in recent decades, current approaches often fail to align with developmental principles, undermining youth outcomes. This article advocates for developmentally informed reforms to create a more effective and supportive juvenile justice system.

Adolescent Brain Development and Risk-Taking

Normative brain development during adolescence underpins risk-taking behaviors. The prefrontal cortex, responsible for decision-making and impulse control, matures later than the emotional centers of the brain. This imbalance leads to increased sensitivity to rewards and difficulty considering consequences. While these changes can be adaptive, they also contribute to risky behaviors, including delinquency.

Mismatch Between Current Juvenile Justice Approaches and Adolescent Development

Punitive approaches, common in the juvenile justice system, are ineffective for adolescents. Their developing brains struggle to understand the potential consequences of their actions, making deterrence unlikely. Moreover, juvenile justice system contact can disrupt key social relationships and expose youth to antisocial influences, increasing the likelihood of future delinquency.

Developmentally Supported Alternatives for Policy and Practice

Codifying Developmentally Appropriate Legal Responses

Raise the Age and Raise the Minimum Age movements advocate for adjusting the ages at which youth are eligible for juvenile justice intervention. These reforms align with evidence that brain development continues beyond age 18 and that children under 12 lack the cognitive maturity for legal proceedings.

Community-Based Corrections

Community-based programs offer more effective rehabilitation than residential placement. They allow youth to address deficits and leverage strengths within their own contexts, fostering continuity and reducing health challenges.

Risk-Needs Assessments and Restorative Justice

Risk-needs assessments help courts identify youth's areas of need and match them with appropriate services. Restorative justice approaches focus on repairing harm and reintegrating offenders into their communities, promoting accountability and empathy.

The Social Context of Youth Involved in the Justice System

Parents: Parents play a crucial role in providing guidance and support. Juvenile justice interventions should strengthen parent-child bonds, as they protect against future delinquency. However, parents face challenges in participating, including limited legal knowledge and systemic racism.

Peers: Rehabilitative processes should limit exposure to antisocial peers and facilitate connections with prosocial ones. Community-based interventions can help youth build skills to resist peer influence and engage in prosocial activities.

Conclusion

Juvenile crime requires a tailored societal response that recognizes the developmental differences between youth and adults. By prioritizing community-based corrections, engaging youth's social context, and aligning with developmental principles, we can create a more ethical, empirically supported, and effective juvenile justice system that supports healthy outcomes for youth. Applied developmental science is essential for guiding decision-making in policy and practice, fostering rehabilitation and maximizing youth potential.

Link to Article

Abstract

Adolescents are developmentally distinct from adults in ways that merit a tailored response to juvenile crime. Normative adolescent brain development is associated with increases in risk taking, which may include criminal behavior. Juvenile delinquency peaks during the adolescent years and declines in concert with psychosocial maturation. However, current U.S. approaches to juvenile justice are misaligned with youth's developmental needs and may undermine the very psychosocial development necessary for youth to transition out of crime and lead healthy adult lives. In this article, I discuss empirically supported and efficacious responses to juvenile crime in the United States, as well as opportunities for further developmental reform of the juvenile justice system. Developmentally appropriate responses to juvenile crime prioritize community-based corrections and engage youth's social context in the rehabilitative process. The juvenile justice system shares the responsibility to prepare youth to live fulfilling, productive adult lives; that responsibility can be achieved by partnering with developmental scientists to inform juvenile justice practice and policy.

Juvenile Justice: A Developmental Perspective for College Students

Understanding Adolescent Brain Development and Risk-Taking

As you transition into adulthood, it's important to understand how your brain is still developing. During adolescence, your brain undergoes significant changes that affect your behavior, including your tendency to take risks.

  • Normative Brain Development:

    • The prefrontal cortex, responsible for decision-making and impulse control, develops later than the emotional centers of the brain.

    • This gap in development can lead to difficulty considering consequences and making mature decisions in emotionally charged situations.

    • Adolescents are also more sensitive to rewards and social influence, which can contribute to risk-taking.

  • Risk-Taking as a Form of Exploration:

    • While risk-taking can be dangerous, it's also a way for adolescents to explore their identities and learn about the world.

    • However, it's important to distinguish between healthy risk-taking (e.g., trying new sports) and illegal or harmful behaviors.

The Current Juvenile Justice System and Its Shortcomings

The juvenile justice system aims to rehabilitate youth who have broken the law. However, current approaches often fail to consider the developmental needs of adolescents.

  • Punitive vs. Rehabilitative:

    • Punitive approaches focus on punishment, which is ineffective for adolescents who are still developing their decision-making abilities.

    • Rehabilitative approaches prioritize skill-building and positive reinforcement.

  • Impact of Detention:

    • Detention removes youth from their typical social environments and places them in settings that can be harmful to their development.

    • Detention can increase exposure to antisocial peers and disrupt relationships with family and friends.

Developmentally Appropriate Alternatives

To improve the juvenile justice system, we need to implement policies and practices that align with adolescent development.

  • Legal Responses:

    • Raise the age of juvenile court jurisdiction to 18 or even 20, recognizing that brain development continues beyond 18.

    • Set a minimum age for juvenile court jurisdiction to ensure that young children are not treated as adults.

  • Community-Based Corrections:

    • Prioritize community-based programs that allow youth to remain in their homes and schools.

    • Use risk assessments to identify youth's needs and match them with appropriate services (e.g., therapy, job training).

    • Implement restorative justice programs that focus on repairing harm and reintegrating youth into the community.

  • Social Context:

    • Involve parents in the rehabilitative process, as they are crucial for providing guidance and support.

    • Help youth connect with prosocial peers and avoid antisocial influences.

    • Address systemic racism and cultural biases that disproportionately impact youth of color in the justice system.

Conclusion

By understanding adolescent brain development and implementing developmentally appropriate interventions, we can create a more effective and just juvenile justice system. This will help youth who have broken the law to develop the skills and support they need to become healthy and productive members of society.

Link to Article

Abstract

Adolescents are developmentally distinct from adults in ways that merit a tailored response to juvenile crime. Normative adolescent brain development is associated with increases in risk taking, which may include criminal behavior. Juvenile delinquency peaks during the adolescent years and declines in concert with psychosocial maturation. However, current U.S. approaches to juvenile justice are misaligned with youth's developmental needs and may undermine the very psychosocial development necessary for youth to transition out of crime and lead healthy adult lives. In this article, I discuss empirically supported and efficacious responses to juvenile crime in the United States, as well as opportunities for further developmental reform of the juvenile justice system. Developmentally appropriate responses to juvenile crime prioritize community-based corrections and engage youth's social context in the rehabilitative process. The juvenile justice system shares the responsibility to prepare youth to live fulfilling, productive adult lives; that responsibility can be achieved by partnering with developmental scientists to inform juvenile justice practice and policy.

Teen Brains and the Justice System: Why We Need to Do Better

What's Different About Teen Brains?

The teenage brain is still growing and changing as people get older. This means that teens think and act differently than adults. For example, teens are more likely to:

  • Take risks

  • Act on impulse

  • Seek out new experiences

This is because the parts of the brain that control decision-making and emotions are still developing.

Why This Matters for the Justice System

When teens break the law, it's important to remember that their brains are still developing. This means that they may not fully understand the consequences of their actions. They're also more likely to change and grow out of criminal behavior than adults.

The current justice system often treats teens like adults, but this isn't fair or effective. Teens need a different approach that focuses on rehabilitation, not punishment.

What a Better System Would Look Like

A better justice system for teens would:

  • Raise the age: Teens under 18 should be treated as juveniles, not adults.

  • Use community-based programs: These programs help teens stay in their communities and get the support they need to change their behavior.

  • Involve parents and peers: Parents and positive friends can play a big role in helping teens turn their lives around.

Why It's Important

By creating a justice system that's fair and effective for teens, we can help them become successful adults. This is good for them, their families, and their communities.

Link to Article

Abstract

Adolescents are developmentally distinct from adults in ways that merit a tailored response to juvenile crime. Normative adolescent brain development is associated with increases in risk taking, which may include criminal behavior. Juvenile delinquency peaks during the adolescent years and declines in concert with psychosocial maturation. However, current U.S. approaches to juvenile justice are misaligned with youth's developmental needs and may undermine the very psychosocial development necessary for youth to transition out of crime and lead healthy adult lives. In this article, I discuss empirically supported and efficacious responses to juvenile crime in the United States, as well as opportunities for further developmental reform of the juvenile justice system. Developmentally appropriate responses to juvenile crime prioritize community-based corrections and engage youth's social context in the rehabilitative process. The juvenile justice system shares the responsibility to prepare youth to live fulfilling, productive adult lives; that responsibility can be achieved by partnering with developmental scientists to inform juvenile justice practice and policy.

Why Teens Deserve a Different Justice System: A Call for Change

Teenagers are more likely to take risks, including breaking the law, than adults. But science shows their brains are still developing, especially the parts that help with planning and controlling impulses. This means teens might not fully understand the consequences of their actions. The justice system for teens, called juvenile justice, should focus on helping them grow into better people, not just punishing them.

Why Teens Make Risky Decisions

The teenage brain is a work in progress. The part that controls emotions develops faster than the part that helps with planning and self-control. This can make teens crave rewards and have trouble thinking about the future consequences of their actions. This is normal teenage development, but it can also lead to risky behavior, sometimes even criminal activity.

The Current System Isn't Working

The justice system often punishes teens harshly, hoping to scare them straight. But this doesn't work well for teenagers because their brains don't fully grasp the long-term consequences. In fact, being in the justice system can actually make things worse. It can damage relationships with family and friends, and expose teens to negative influences that could lead them into more trouble.

How We Can Help Teens Make Better Choices

There are better ways to handle teens who break the law. Here are a few ideas:

  • Raising the Age: Some states are looking at raising the age at which a teen can be tried as an adult. This is because science shows the brain keeps developing past age 18.

  • Keeping Teens in Their Communities: Sending teens to faraway facilities can disrupt their lives and make it harder for them to get the help they need. Community-based programs allow them to stay connected to family and friends while getting help.

  • Helping Teens Fix the Harm: Instead of just punishment, restorative justice programs focus on helping teens understand the impact of their actions and make amends to the victim.

  • Supporting Parents: Parents are crucial in helping teens make good choices. The justice system should work with parents to strengthen their relationships with their children.

  • Finding Positive Peers: Teens are easily influenced by their friends. Programs can help teens build positive relationships with peers who encourage good choices.

Building a Better System for Teens

Teens deserve a justice system that understands how their brains work. By focusing on rehabilitation, community support, and helping teens fix the harm they caused, we can create a system that helps them become productive members of society. This is not just the right thing to do, it's also the smart thing to do, based on the latest scientific research.

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Footnotes and Citation

Cite

Cavanagh, C. (2022). Healthy adolescent development and the juvenile justice system: Challenges and solutions. Child Development Perspectives, 16, 141–147. https://doi.org/10.1111/cdep.12461

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