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Posts in Juvenile Justice
From Punishment to Potential: A Landscape Analysis of Georgia’s Juvenile Justice System

By Kelley, L., Vignati, J., Wilkens-Earle, B., Grey, O., & Haberlen DeWolf, M.

Georgia’s juvenile justice system is at a crucial juncture, facing both significant challenges and promising opportunities for reform. This extensive analysis offers a comprehensive overview of the system’s structure, key partners, recent reforms, and ongoing issues. It aims to inform policymakers, advocates, and community leaders about the current state of juvenile justice in Georgia and guide efforts to improve outcomes for justice-involved youth. The landscape of juvenile justice in Georgia is intricate and unique. The state operates a functionally bifurcated system, with stateadministered “dependent” courts and locally operated “independent” courts, resulting in a patchwork of practices and policies across the state. This bifurcation poses challenges in standardizing approaches and collecting comprehensive data. According to its fiscal year (FY) 2023 annual report, the Department of Juvenile Justice (DJJ) supervised more than 9,000 youth daily, with secure facilities admitting more than 7,000 individuals and maintaining an average daily population of 1,051. However, these figures only partially tell the story. One of the most pressing issues confronting juvenile systems across the country is the overrepresentation of Black youth in the juvenile justice process. In Georgia, this overrepresentation is significant and increases as Black youth move through every stage of the juvenile justice process. This disparity indicates deeper systemic problems that require urgent attention and targeted interventions. The analysis also reveals troubling trends in behavioral health among justice-involved youth. In FY 2023, 65% of youth in long-term confinement and 48% in short-term detention were on the mental health caseload, underscoring the critical need for enhanced behavioral health services within the juvenile justice system and local communities. The intersection of education and juvenile justice presents another area for improvement. There are significant racial disparities in academic achievement, school discipline, and dropout rates. Zero-tolerance policies and the presence of law enforcement in schools may contribute to the “school-to-prison pipeline,” pushing students, particularly students of color, into the juvenile justice system for behaviors that would be better addressed within the home and community. Family and community factors play a crucial role in youth outcomes as well. Poverty, adverse childhood experiences (ACEs), and lack of community resources are identified as risk factors for juvenile justice involvement. The analysis found that 18% of children in Georgia have experienced two or more ACEs, with higher rates among Black and Hispanic children, highlighting the need for traumainformed approaches and community-based interventions across the state. The report also addresses issues surrounding focus populations within the juvenile justice system. Georgia remains one of just four states that process 17-year-olds in the adult criminal justice system, a practice widely criticized by juvenile justice advocates. Additionally, the treatment of youth charged with serious, violent felonies (Senate Bill 440 cases) and those sentenced to life without parole raises questions about age-appropriate responses to even the most severe offenses. Data collection and information sharing also pose a challenge. The lack of a comprehensive statewide data system impedes effective analysis and decision-making. Cross-agency information sharing is limited in Georgia, particularly for youth involved in multiple systems, making the provision of coordinated, holistic care difficult. Workforce challenges within the juvenile justice system present another hurdle, particularly in secure facilities. DJJ faces substantial retention and recruitment difficulties, especially for juvenile correctional officers. High turnover rates and staffing shortages impact quality of care and safety, potentially undermining rehabilitation efforts. However, with great challenge comes great opportunity. This report proposes a series of recommendations to address these multifaceted issues, including expanding community-based alternatives to detention and incarceration, enhancing behavioral health services, addressing racial and ethnic disparities, improving data systems, strengthening inter-agency collaboration, and investing in workforce development. Additionally, this report recommends raising the age of juvenile court jurisdiction and considering policy reform related to serious offenders, implementing a comprehensive plan for CHINS cases, and studying the impact of juvenile fines and fees.

Atlanta, GA : Voices for Georgia’s Children, 2025. 170p.

Did a High Court decision on doli incapax shift court outcomes for 10-13 year olds? 

By Jonathan Gu

Between 2016 and 2023, the number of young people aged 10 to 13 years found guilty of an offence fell markedly. This paper examines if this decline and other trends can be explained by the 2016 High Court of Australia decision (RP v R (‘RP’)), which clarified the application of doli incapax. We examine trends in: (1) the volume of court appearances for 10-13 year olds, (2) whether these court appearances resulted in a proven offence, (3) for proven matters, the severity of the penalty, (4) the extent to which prosecutors withdrew all charges, and (5) the extent of guilty pleas. METHOD We analyse NSW and national data on outcomes from Children’s Court cases involving 10-17 year olds, finalised between 2010 and 2023. Using these data, we investigate whether and why the five outcomes have changed over time for 10-13 year olds. Possibilities examined include: the RP decision; trends in the nature of the offence children have been accused of; the increased use of specialist Magistrates in the NSW Children’s Court; and demographics of defendants. RESULTS There is little evidence to suggest that the RP decision had any impact on the volume of court appearances involving a 10-13 year old. However, among 10-13 year olds that NSW Police proceeded against to court, there has been a dramatic decline in the proportion with a proven court outcome; the percent proven fell from 76% in the 2015-16 financial year to 16% in 2022- 23, which temporally coincides with the RP decision. Among the proven matters, the RP decision had no clear impact on the penalty imposed. The decrease in the proportion of proven charges cannot be explained by changes in the types of offences committed by 10-13 year olds (i.e., they are not increasingly committing types of crimes that are harder to prosecute), nor by specialist Magistrates, or the demographic characteristics of individuals proceeded against. The drop in proven matters is, however, linked with prosecutors increasingly withdrawing all charges (growing from 12% to 53% from 2015-16 to 2022-23) and 10-13 year olds pleading guilty less frequently (falling from 54% to 14% from 2015-16 to 2022-23). Similar shifts occurred in Victoria and South Australia. CONCLUSION By stipulating what is required to rebut doli incapax, the 2016 High Court of Australia’s decision RP v R likely reduced the number of young people aged 10-13 found guilty of a criminal offence. 

(Crime and Justice Bulletin No. 268). 

Sydney: NSW Bureau of Crime Statistics and Research 2025. 38p.