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JUVENILE JUSTICE

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The Influence of Racial Violence in Neighborhoods and Schools on the Psycho-Behavioral Outcomes in Adolescence

By Samantha Francois, Kimberly Wu, Erica Doe, Amber Tucker, Katherine Theall

Racism in all its manifestations is violence. This study examines the effect of discrimination-based racial violence in neighborhoods and schools on adolescent psychological and behavioral outcomes, while also testing the moderating influence of civic engagement. Researchers used a cross-sectional survey design to measure neighborhood and school-based racial discrimination, civic engagement, racial identity development, racism-based stress, and aggressive behaviors in a sample of 167, 13 to 23-year-old adolescents and emerging adults. Participants were recruited through a cluster randomized trial to test the impact of blight remediation in preventing youth violence. Study researchers hypothesized a direct effect of racial discrimination on adolescents' racism-based stress and aggressive behaviors and a buffering effect of civic engagement on these relationships. Researchers also examined these relationships in participants with higher-than-average racial identity development scores. Multivariate regression models revealed a significant direct effect of both neighborhood and school discrimination on adolescents' aggressive behaviors. Civic engagement had a positive buffering effect on the relationship between neighborhood discrimination and aggressive behaviors. Similar relationships were observed among adolescents with a high racial identity with a stronger effect. Study findings have implications for understanding the behavioral impact of racial violence and investing in civic engagement to mitigate its impact in adolescence and emerging adulthood.


Res Hum Dev. 2023;20(1-2):48-64. Epub 2023 Feb 24.

The Impacts of the Make-it-Right Program on Recidivism 

By Yotam Shem-Tov, Steven Raphael and Alissa Skog 

 The Make-it-Right (MIR) restorative justice conferencing program serves youth ages 13 to 17 who would have otherwise faced relatively serious felony charges (e.g., burglary, assault, unlawful taking of a vehicle). Following extensive preparation, participating youth meet with the people they have harmed or a surrogate, accept responsibility for the impact of their actions, and come to an agreement on how the youth can repair to the greatest extent possible the harm they caused. If the youth follow through with the repair actions outlined in the agreement, charges against them are never filed. If they do not, they face traditional juvenile felony prosecution. In this study, eligible youth were randomly assigned to participate in MIR or to a control group in which they faced felony prosecution. We find that youth allowed to participate in MIR had a 19-percentage-point lower likelihood of a rearrest within six months, a 44 percent reduction relative to the control group of youth who were prosecuted in the traditional juvenile justice system. The reduction in justice-system contact persists even four years after the offer of participation, providing strong evidence that restorative justice community conferencing can reduce subsequent justice-system involvement among youth charged with relatively serious offenses and can be an effective alternative to traditional prosecution.

Los Angeles: California Policy Lab, 2022. 5p.

Too Young to Suspend: Ending Early Grade School Exclusion by Applying Lessons from the Fight to Increase the Minimum Age of Juvenile Court Jurisdiction

By Peggy Nicholson

In many respects, the evolution of juvenile court reform and school discipline reform follow similar trajectories. This Article begins by tracking those respective evolutions. Part I outlines the evolution of the juvenile court system in the United States and focuses on the fledgling system’s distinction of children from adults and its “rehabilitative ideal” that children could outgrow challenging behavior if given the right treatment and services. After a long period of “adultification” of the juvenile court in response to rising crime rates, more recent reform efforts have focused on returning to the early court’s rehabilitative model, including policies that would keep young children out of juvenile court altogether. With the context of the juvenile court’s evolution in mind, Part II tracks the history of exclusionary school discipline, which is defined as any school disciplinary action, typically a suspension or expulsion, that removes a student from his or her typical education setting. Many of the same rationales for the “adultification” of the juvenile court, including the myth of the juvenile superpredator and the rise of a zero-tolerance approach to discipline, led to a sharp increase in the use of exclusionary discipline throughout the latter half of the twentieth century. However, with a growing body of research showing the harm and inefficacy of exclusionary discipline, advocates for discipline reform have pushed to decrease its use, which has included proposals to ban or limit exclusionary discipline for young students. The efforts to protect young children from both juvenile court intervention and exclusionary discipline are explored respectively in Parts III and IV. Part III describes the movement to “Raise the Minimum Age” of juvenile court jurisdiction as an avenue to bar court processing for young children. Notably, Part III outlines the variety of rationales that have been used to support raising the minimum age and charts the success of the movement in the last decade. Against this backdrop, Part IV turns to the movement to end exclusionary discipline for young children. Although important differences between the juvenile court and school discipline exist, many of the same rationales that support keeping young children out of juvenile court also apply to protecting young children from exclusionary discipline. Despite these similar rationales, which are explored in Part IV, the movement to end exclusionary discipline for young children has had less success, with fewer states adopting these measures. Further, most states that have passed laws limiting school exclusion for young students still allow exclusions to move forward in many circumstances. Part IV tracks existing statewide efforts to limit exclusionary discipline for young children and describes some of the challenges faced by these reform efforts. Despite the challenges, there are also opportunities. Part V highlights lessons learned from the “Raise the Minimum Age” movement to make recommendations for building momentum for states to end exclusionary discipline for young children. Given the willingness in many states to protect young children from juvenile court intervention, there is hope that similar arguments and advocacy strategies can be utilized to advance statewide policies that will protect those same young children from the harm of exclusionary discipline.

11 Belmont Law Review 334-383 (2024)

Incarceration of Youths in an Adult Correctional Facility and Risk of Premature Death

By Ian A. Silver; Daniel C. Semenza, Joseph L. Nedelec

Youths incarcerated in adult correctional facilities are exposed to a variety of adverse circumstances that could diminish psychological and physical health, potentially leading to early mortality. Objective: To evaluate whether being incarcerated in an adult correctional facility as a youth was associated with mortality between 18 and 39 years of age. Design, setting, and participants: This cohort study relied on longitudinal data collected from 1997 to 2019 as part of the National Longitudinal Survey of Youth-1997, a nationally representative sample of 8984 individuals born in the United States between January 1, 1980, and December 1, 1984. The data analyzed for the current study were derived from annual interviews between 1997 and 2011 and interviews every other year from 2013 to 2019 (19 interviews in total). Participants were limited to respondents aged 17 years or younger during the 1997 interview and alive during their 18th birthday (8951 individuals; >99% of the original sample). Statistical analysis was performed from November 2022 to May 2023. Intervention: Incarceration in an adult correctional facility before the age of 18 years compared with being arrested before the age of 18 years or never arrested or incarcerated before the age of 18 years. Main outcomes and measures: The main outcome for the study was age at mortality between 18 and 39 years of age. Results: The sample of 8951 individuals included 4582 male participants (51%), 61 American Indian or Alaska Native participants (1%), 157 Asian participants (2%), 2438 Black participants (27%), 1895 Hispanic participants (21%), 1065 participants of other race (12%), and 5233 White participants (59%). A total of 225 participants (3%) died during the study period, with a mean (SD) age at death of 27.7 (5.9) years. Incarceration in an adult correctional facility before the age of 18 years was associated with an increased risk of earlier mortality between 18 and 39 years of age compared with individuals who were never arrested or incarcerated before the age of 18 years (time ratio, 0.67; 95% CI, 0.47-0.95). Being arrested before the age of 18 years was associated with an increased risk of earlier mortality between 18 and 39 years of age when compared with individuals who were never arrested or incarcerated before the age of 18 years (time ratio, 0.82; 95% CI, 0.73-0.93). Conclusions and Relevance: In this cohort study of 8951 youths, the survival model suggested that being incarcerated in an adult correctional facility may be associated with an increased risk of early mortality between 18 and 39 years of age

July 2023, JAMA Network Open 6(7)

Trends in Juvenile Offending: What You Need to Know

By  Brendan Lantz, and Kyle G. Knapp

The analysis, entitled, Trends in Juvenile Offending: What You Need to Know, focuses on trends in offending from 2016 through 2022 by examining changes in the frequency of juvenile offending by crime type, demographics, and several other characteristics. This study uses incident information from the National Incident-Based Reporting System (NIBRS) from 2016 to 2022. The study period begins in 2016 because of notable increases in agency participation in reporting crime statistics to NIBRS following 2015; it ends in 2022 because that was the most recent year of data available at the time the report was prepared. To produce these data, offense, victim, and offender segment-level information was aggregated to the incident level for each year. The year files were then appended into a master incident-level file, in which incidents were restricted to those (a) involving at least one juvenile offender; and (b) from agencies that reported to NIBRS each month during the study period. From this file, totals were created for each month in every year. Some totals represent the total number of offender participations, while other totals represent the total number of incidents with one or more characteristics of interest. The outline below walks through each segment of NIBRS, how information was aggregated, how cases were dropped, and how totals were generated. 

2024. 20p.

A Decade of Declining Quality of Education in Young Offender Institutions: The Systemic Shortcomings That Fail Children

By Ofsted and His Majesty's Inspectorate of Prisons

 This report summarises our chief concerns about regimes at England’s YOIs. This type of secure accommodation holds convicted children aged 15 to 18. The report draws on Ofsted and HMIP’s 32 full inspection reports, and 5 reports following independent reviews of progress, across 10 years from June 2014 to March 2024. It also draws on comments from surveys of young offenders in custody, comments from leaders at education providers, YOI leaders and managers, and inspectors’ comments and findings. The review sets out a bleak picture of steadily declining educational opportunities and quality, reduced work experience and work opportunities, and sharply reduced time out of cell for children. In the worst case, in one setting some children had only half an hour out of their locked cells per day. We report on poor relationships between education providers and YOI leaders, poor-quality resources and infrastructure, severe staff shortages, and low levels of qualifications and training among staff. These factors result in children receiving a poor education that fails to meet their needs. Children have far fewer hours of lessons per day than their counterparts outside the secure estate. They have lower levels of attendance at classes, usually for reasons beyond their control. Because staff lack proper training, they cannot meet the needs of children with special educational needs and/or disabilities (SEND). Work experience opportunities and links to employers have become more limited during the past 10 years. This means that children are poorly prepared for their release and generally lack the skills and training that might help them secure employment. Chief among the reasons for the poor quality of education is the fact that YOIs are struggling with severe staff shortages. This makes it difficult for staff to build relationships with children and maintain order. They rely on very complicated regimes that keep large numbers of children separate from each other. Restrictive regimes mean that staff do not release children from cells to attend work or training. A vicious cycle develops whereby children are isolated, disheartened, and frustrated, then develop poor behaviors that lead to further restrictions being imposed. Poor leadership and poor cooperation between education providers and YOI leaders mean that, across the past 10 years, leaders and managers have put in place very few effective and sustainable measures to deal with the rapidly declining standards at YOIs.

Manchester, UK: Ofsted and His Majesty's Inspectorate of Prisons, 2024. 33p.

Confluence of Conflicts and Virtual Connections: The Rising Tide of Youth Radicalisation in the Digital Age

By Noor Huda Ismail

 Next month marks the first anniversary of the 7 October 2023 Hamas attack on Israel – a significant event that reverberated globally and triggered an uptick in youth radicalization, particularly online. The Singapore Terrorism Threat Assessment Report 2024 reveals that this conflict directly contributed to the radicalization of two Singaporean youths – a 14-year-old and a 33-year-old. These incidents can be explained by a psychological phenomenon called “identity fusion”, where individuals feel an intense sense of oneness with a group to the point where their personal and social identities merge. This feeling of unity makes them willing to make extreme sacrifices for their group as their identity becomes inseparable from the group’s fate. While identity fusion is not limited to Islamist extremism – it manifests in football fans reacting violently after a crucial loss or animal rights activists responding to trophy hunting – it has found fertile ground among youths who feel connected to the Palestinian cause. It is essential to recognize that the Hamas-Israel war is a long-standing issue, with roots tracing back to the establishment of Israel in 1948. This deep historical context adds layers to the narrative, making it particularly compelling for youths who perceive a sense of injustice and shared suffering. Southeast Asian policymakers must proactively address this challenge to prevent further radicalization among young people. This involves understanding the mechanism of identity fusion in online radicalization and embracing technology as a tool for effective intervention. By doing so, policymakers can create strategies that resonate with young people and counter extremist narratives.

S. Rajaratnam School of International Studies, NTU Singapore, 2024. 4p

 Only Young Once: The Systemic Harm of Florida’s School-to-Prison Pipeline and Youth Legal System, 

 By The Southern Poverty Law Center

Florida routinely pushes Black children out of schools and into a legal system with well-documented harms. In recent years, the state has made significant investments in school law enforcement and self-proclaimed “tough love” youth legal system policies, purportedly in the name of public safety. However, these investments have yielded a system that disparately disciplines, arrests, prosecutes and incarcerates Black youth more harshly than their counterparts. Florida’s well-developed school-to-prison pipeline has thus created an easy entryway for children into its legal system – even for those as young as 7 years old and children dealing with mental health issues. This report explores the scope and impact of this system and ways Florida can disrupt it.

 Montgomer, AL: Southern Poverty Law Center, 2024. 

The Effects of Law-Enforcement Mentoring on Youth: A Scoping Review 

By Kelly Stewart, David DuBois

This brief scoping review provides an overview of current research findings relating to law enforcement mentoring of youth. While not a systematic review of all available research, the findings present the current landscape of the types of programs that have been studied, the goals of such programs, and the evidence of their effectiveness in achieving intended outcomes. The review begins with a brief history and theoretical justification for engaging law enforcement (e.g., police) as mentors. Next, an overview of the review scope and literature search strategy is provided, along with a summary of the findings of identified studies and consideration of their limitations. The final sections provide conclusions as well as recommendations for practice and research.

Boston: National Mentoring Resource Center, 2021. 14p.

Does Welfare Prevent Crime? The Criminal Justice Outcomes of Youth Removed From SSI

By Manasi Deshpande & Michael G. Mueller-Smith

We estimate the effect of losing Supplemental Security Income (SSI) benefits at age 18 on criminal justice and employment outcomes over the next two decades. To estimate this effect, we use a regression discontinuity design in the likelihood of being reviewed for SSI eligibility at age 18 created by the 1996 welfare reform law. We evaluate this natural experiment with Social Security Administration data linked to records from the Criminal Justice Administrative Records System. We find that SSI removal increases the number of criminal charges by a statistically significant 20% over the next two decades. The increase in charges is concentrated in offenses for which income generation is a primary motivation (60% increase), especially theft, burglary, fraud/forgery, and prostitution. The effect of SSI removal on criminal justice involvement persists more than two decades later, even as the effect of removal on contemporaneous SSI receipt diminishes. In response to SSI removal, youth are twice as likely to be charged with an illicit income-generating offense than they are to maintain steady employment at $15,000/year in the labor market. As a result of these charges, the annual likelihood of incarceration increases by a statistically significant 60% in the two decades following SSI removal. The costs to taxpayers of enforcement and incarceration from SSI removal are so high that they nearly eliminate the savings to taxpayers from reduced SSI benefits

Cambridge, MA: National Bureau of Economic Research, 2022. 38p.

Youth Bullying: An Overview and Related Interventions

By Lauren Weisner and Lynne Mock

Bullying is a form of violence that can leave lasting negative effects on school-aged youth. This literature review examines research on bullying frequency, predictors and impacts, and prevention and intervention programs. Research finds that between 20% and 40% of youth in the United States have experienced bullying (with variances in data sources and groups examined) and that there are a host of negative outcomes for those exposed to it. Programs that address bullying vary, but there are several promising interventions to address the issue.   

Chicago: Illinois Criminal Justice Information Authority,  2022.14p.

Amber Alert Network DOJ Efforts to Include Tribes and U.S. Territories

By Gretta L Goodwin,, et al.

Why GAO Did This Study AMBER Alerts quickly communicate information to the public in certain child abduction cases. DOJ oversees the AMBER Alert network, which is made up of law enforcement and other involved stakeholders. DOJ created the AMBER Alert program to help carry out its AMBER Alert responsibilities. The National Defense Authorization Act for Fiscal Year 2021 (2021 NDAA) required DOJ to take additional actions related to the AMBER Alert network. It also includes a provision for GAO to assess the extent to which DOJ implemented these requirements and identify any challenges or needs in the U.S. territories. This report addresses (1) U.S. territories’ processes for and challenges in responding to missing and exploited children’s cases, including issuing AMBER Alerts; (2) DOJ actions to integrate U.S. territories into the AMBER Alert network; and (3) DOJ efforts to address certain 2021 NDAA requirements related to the AMBER Alert network, including assisting Tribes and U.S. territories. Among other methods, GAO analyzed DOJ documents, such as its AMBER Alert Best Practices document. GAO interviewed DOJ and Fox Valley officials and relevant U.S. territory officials. GAO also interviewed officials from a nongeneralizable selection of six federally recognized Tribes.  

Washington, DC: United States Government Accountability Office, 2024. 45p.

The Cost of Juvenile Crime and its Economic Impact on Colorado 

By Paul Pazen and Steven L. Byers

People in Colorado have not directly experienced crime. From property offenses to violent crimes, every crime leaves a traumatized victim. Whether the wounds are physical, psychological, or financial, it is important to acknowledge the profound effects that a crime can have on its victims. At Common Sense Institute, our goal is to address the economic impact of crime while remaining conscious of the suffering that it causes. This report analyzes the cost of juvenile crime in Colorado and its economic impact. This study encompasses the period of 2010 to 2023 and the data comes from Colorado Crime Statistics (2023). Colorado’s juvenile crime trends tell a mixed story. On the one hand, youth crime rates have fallen in the last 15 years as property crime rates fall, follow. On the other hand, violent youth crime has risen. Meanwhile, the number of juveniles arrested and detained has fallen from a combination of alternative sentencing, diversion programs, and increased parole. It is violent crime that costs more. Juvenile crime results in direct or tangible costs including unrecovered stolen property, damaged property, victims’ out-of-pocket medical expenses, the cost of police, courts and correctional institutions, and lost earnings by both victims and juvenile perpetrators who are arrested and convicted. Juvenile crime also inflicts indirect or intangible costs like the pain and suffering of victims, reduced quality of life for everyone, and lower levels of investment and lower property values.i Intangible costs are difficult to measure with precision but, among those who have estimated them, there is a consensus that the intangible cost of juvenile crime far exceeds the tangible cost. Reducing current rates of murder, rape, assault, theft, and robbery by juveniles would produce a wide range of savings and other benefits to families, individuals, property owners and taxpayers. All estimates of the cost of crime in this report are adjusted for inflation and are reported in 2020 dollars so that costs can be compared across years. In 2021, after an extraordinary rise in crime, CSI estimated a total cost of crime of $3.3 billion. 

Greenwood Village, CO: Common Sense Institute, 2024. 30p.

Inner City Kids: Adolescents Confront Life and Violence in an Urban Community

By ALICE McINTYRE

Urban teens of color are often portrayed as welfare mothers, drop outs, drug addicts, and both victims and perpetrators of the many kinds of violence which can characterize life in urban areas. Although urban youth often live in contexts which include poverty, unemployment, and discrimination, they also live with the everydayness of school, friends, sex, television, music, and other elements of teenage lives. Inner City Kids explores how a group of African American, Jamaican, Puerto Rican, and Haitian adolescents make meaning of and respond to living in an inner-city community.

The book focuses on areas of particular concern to the youth, such as violence, educational opportunities, and a decaying and demoralizing urban environment characterized by trash, pollution, and abandoned houses. McIntyre's work with these teens draws upon participatory action research, which seeks to co-develop programs with study participants rather than for them.

New York: London: NYU Press, 2000. 255p.

What Works to Prevent Youth Violence: Evidence Summary

By Kirsten Russell

Research aims and overview

Youth violence, which occurs between individuals aged 10 to 29, can take many forms and has health, social, and economic consequences for individuals, families and communities (World Health Organisation, 2015). When considering figures relating to young people’s involvement in violence in Scotland alongside concerns that the indirect social and economic consequences of the COVID-19 pandemic may lead to an increase in youth violence (Irwin-Rogers, Muthoo, & Billingham, 2020), it is clear that there is a pressing need to better understand which strategies can be implemented to address violence in youth. This report was undertaken to draw together high-quality international evidence about what works to prevent youth violence and is intended to inform policymakers and practitioners about the extant evidence base and effectiveness associated with different approaches and interventions.

Key Findings

  • There is evidence to suggest that school and education-based approaches are effective in reducing youth violence. These include both bullying prevention programmes (e.g. Olweus Bullying Prevention Program, KiVa) and social and emotional learning programmes (e.g. PATHS).

  • Interventions that have been identified as promising include: school-based programmes which seek to prevent violence in dating and intimate partner relationships, parenting and family-focused approaches, mentoring programmes, and community-based coalitions.

  • There is mixed evidence about the effectiveness of out-of-school activities and early childhood home visitation programmes.

  • Deterrence and fear-based approaches have been identified as having no effect on youth violence outcomes and, at worse, are potentially harmful to young people.

  • Due to a limited body of evidence, it is not yet possible to draw reliable conclusions on the effectiveness of programmes that specifically aim to prevent gang involvement and subsequent gang violence. As a result, the evidence is inconclusive.

Moderating factors: Key Findings

Across this report, the importance of accounting for the moderating factors, potential facilitators, and potential barriers for prevention interventions for youth violence have been highlighted where evidence is available. Accounting for these factors can encourage effective implementation of these evidence-based interventions.

According to the Early Intervention Foundation the “key principles of effective programmes” for preventing youth violence include:

  • Strategies that seek to create positive changes in the lives of youth and/or their families, as well as reduce risk factors and prevent negative outcomes

  • The involvement of trained facilitators who are experienced in working with children and families

  • Working with young people in their natural setting (e.g. school or home)

  • Ensuring that programmes are delivered as originally designed, specified and intended (i.e. high implementation fidelity)

  • Regular and/or frequent contacts (e.g. regular weekly contact delivered over the school term or year)

  • Encouraging positive interactions between young people, families and teachers/schools (i.e. addressing violence at individual and relationship levels)

  • Regular and/or frequent contacts (e.g. regular weekly contact delivered over a school term, the school year or longer)

  • Delivery though interactive sessions that provide the opportunity for skills-based demonstrations and practice

In addition, it has been emphasised within the literature that programmes should be theory-driven (Nation et al., 2003; Kovalenko et al., 2020). That is to say that interventions should be based on an explicit theoretical model that describes and justifies how and why an intervention may lead to a change in violence-related outcomes.

Conclusions

The impact of the COVID-19 crisis has the potential to contribute to a rise in youth violence. Moreover, the direct and indirect consequences of violence are broad, extending beyond victims and perpetrators to families and communities. As such, the evidence presented within this report can contribute to decision-making in work to prevent youth violence. School and education-based approaches have been shown to be effective, and the factors that influence their effectiveness have been highlighted. It has been noted, however, that there is limited evidence regarding who is more likely to change (e.g. in relation to age, gender, and sociodemographic status) and when programmes should be implemented. Moreover, it remains to be seen whether interventions of this nature influence youth violence outcomes when delivered out-with education settings or within non-school-aged samples (e.g. those aged 19-29).

Overall, much of the available high-quality evidence on the effectiveness of interventions to prevent youth violence has come from high income countries (such as the USA). As such, it is important to account for cultural context when considering the application of interventions within a Scottish context (Annex B of the report outlines implementation fidelity and associated issues).

Some interventions have been identified as out of scope for this report (see Annex E for a full out of scope list). While these interventions have not been included within this report, this does not necessarily indicate that they do not work. Rather, they have been excluded due to limited available evidence (e.g. high-quality evaluations) or they are beyond the primary prevention focus of this report (e.g. topic out of scope).

Edinburgh: Scottish Government, 2021. 70p.

An Investigation into Allegations of Serious Misconduct Following the Death of a Young Detainee in Unit 18 Casuarina Prison

By Western Australia Corruption and Crime Commission

In the early hours of 12 October 2023, a 16-year-old First Nation's boy, Cleveland Keith Dodd - died in custody. He was found hanging from a damaged vent in the ceiling of his cell at Unit 18 in Casuarina Prison. Cleveland's death comes some 32 years after the conclusion of the Royal Commission into Aboriginal Deaths in Custody. The painful truth is that he is by no means the first Indigenous Australian to have died in custody in Western Australia since that time. The profound tragedy is that he is the first child. While the cause and manner of Cleveland's death have not yet been determined by the Coroner, the Commission is satisfied within its jurisdiction that Cleveland fixed a torn piece of t-shirt material to a damaged ceiling vent, the ligature point from which he was later found hanging. At 01:35 on 12 October 2023, Cleveland used his cell call to contact a Youth Custodial Officer to tell him of his intention to hang himself -shortly before doing so. Cleveland's final threat of self-harm was one of at least 17 threats of self-harm or self-harm attempts made by the young people detainees at Unit 18 in the 24 hours leading up to it. Why Cleveland was driven to self-harm is not an inquiry within the jurisdiction of the Commission. The question of how he was able to attempt to take his own life in a tightly controlled space - is. There are several bodies vested with statutory power to investigate the circumstances surrounding the death of a child in custody. That is for good reason. The death of a child in such circumstances deeply affects not only their family but the Western Australian community as a whole. Broader systemic and cultural issues within the Department of Justice (DOJ) may have contributed to this outcome. In his May 2023 Inspection of Banksia Hill Detention Centre and Unit 18, the Inspector of Custodial Services Mr Eamon Ryan found young people, staff, and a physical environment in acute crisis. In the almost 18 months leading up to his inspection, the rates of self-harm and attempted suicide among young people in custody were unprecedently high. Staffing was in terminal decline. These wider considerations may form part of the Coronial inquest into Cleveland's death or the inquiries of the other authorities. The Commission has a narrow but important jurisdiction. Until 2014 the Commission also had jurisdiction in respect of public officers who engage in conduct that constitutes or involves a breach of the trust placed in the public officer by reason of his or her office of employment as a public officer and could constitute a disciplinary offence providing reasonable grounds for termination of employment. In 2014 Parliament removed that jurisdiction from the Commission and vested it in the Public Sector Commission. Therefore, acts of neglect or misfeasance which do not disclose a possible offence of 2 or more years' imprisonment are outside the Commission's jurisdiction. The Commission is empowered to investigate serious misconduct. Serious misconduct is defined in the Corruption, Crime and Misconduct Act 2003 (CCM Act) s 4. To constitute serious misconduct under s 4(a) or (b), a public officer must have acted or failed to act corruptly. Corruption has been held to include conduct that involves moral impropriety in public administration, or some perversion of the proper performance of the duties of office.1 There was no evidence giving rise to a reasonable suspicion that any public officer had engaged in conduct of that kind. As a result, the Commission concentrated on investigating whether any public officer may have engaged in serious misconduct under s 4(c), by committing an offence punishable by 2 or more years' imprisonment while acting or purporting to act in his or her official capacity. The scope of the Commission's investigation was limited to forming opinions asto whether any public officer committed an offence punishable by 2 or more years' imprisonment. The purpose of the investigation was to determine whether any public officers engaged in conduct of that kind in the execution of their duties at Unit 18 at Casuarina Prison from 10 to 12 October 2023. On 12 October 2023, the DOJ notified the Commission of Cleveland's critical incident.2 After assessing the matter, on 20 October 2023 the Commission formed Operation Lowestoft to investigate. The same day, the Commission took the unusual step of making a public announcement in relation to the investigation, given the extensive reporting, public interest and the seriousness of the incident. On 2 November 2023, a member of Cleveland's family made a report directly to the Commission.3 The Commission's inquiry focused on the actions of the five DOJ Youth Custodial Officers (YCOs) and one nurse contracted to the DOJ who worked the night shift during which Cleveland self-harmed. A significant amount of CCTV footage and a large volume of records were obtained. Interviews with witnesses were conducted. The DOJ fully cooperated with the Commission's investigation. All five YCOs and the Nurse were examined under oath or affirmation between 29 January and 2 February 2023. Between 5 and 8 February 2023, the Unit Manager of the day shift at Unit 18 on 11 October 2023, the Superintendent of Unit 18, Mr Douglas Coyne, and the Deputy Commissioner for Women, Ms Christine Ginbey, who was at the time the Deputy Commissioner for Women and Young People, were examined under oath or affirmation. Having carefully weighed the benefits of public exposure and public awareness against the potential for prejudice or privacy infringements, the Commissioner did not determine that it was in the public interest to open those examinations to the public. Nonetheless, the Commission considered that there was a strong public interest in the Commission investigating the persons present at Unit 18 on 11 and 12 October 2023, and those who supervised them. Under their watch - a boy died. The Commission's mandate was to investigate and expose any possible serious misconduct by those who may have played a part in it. The criminal offences that the Commission's investigation centred around were those of the falsification of a record by a public officer contrary to the Criminal Code s 85, an act or omission causing bodily harm or danger under the Criminal Code s 304 (arising by way of a breach of the duty to provide the necessaries of life under the Criminal Code s 262) and failing to protect a child from harm pursuant to the Children and Community Services Act 2004 (CCS Act) s 101. The Commission analysed the information gathered by the investigation. The Commission assessed the evidence of all the witnesses who gave evidence. In the Commission's opinion each of the witnesses was genuinely affected by Cleveland's death. There were undoubtedly breaches of DOJ procedures and policies that occurred on the night of Cleveland's self-harm. There may have been conduct engaged in that constitutes misfeasance or misconduct of another kind described in the CCM Act s 4(d). That is a matter about which the Commission has no jurisdiction to form an opinion. While Cleveland's death is plainly a devastating outcome of the events that occurred between 10 and 12 October 2023, in the Commission's assessment, there is no evidence to suggest that the public officers involved committed an offence punishable by 2 or more years' imprisonment in the execution of their duties at Unit 18 during that time. Consequently, the Commission has formed no opinions of serious misconduct.   

Northbridge, WA: The Commission, 2024. 70p.

Systemic Approaches In Rehabilitation in a Prison Setting Inclusive Education and Rehabilitation Model for Juvenile Offenders

Edited by: Joseph Giordmaina and Michela Scalpello

In 2019, a group or representatives from various countries interested in education and rehabilitation in prisons, through the Erasmus+ programme, sub-programme for Support for Policy Reform, submitted an application according the call for proposal EACEA-34-2019 in the Action: Social Inclusion through Education, Training and Youth. The focus of this sub action is the Social Inclusion and Common Values: The Contribution in the Field of Education. The partners meet informally to discuss the application, and decided to focus on an inclusive approach to persons in prison, social rehabilitation and education. Following the application stage, the partners were awarded funding for a three-year project entitled: Inclusive Approach to Inmate Social Rehabilitation and Education, the acronym of which is REEDU. The partnership is made up of the applicant organisation, Centre for Education and Culture Trebnje (CIK), The Slovenia Association for Social Work (ACSW), the Prison Education and Re-Entry Platform, University of Malta (UM), the International Association for Correctional and Forensic Psychology Europe (IACFP Europe), the Bremen Ministry of Justice and Constitution and Baia Mare Prison, Romania. The partnership was rewarded close to half a million euros to complete the project. The Project This project promotes the idea that resilience and desistence to crime need the support of the family and the community, and that it is necessary for successful rehabilitative programmes in prisons, particularly those focused on work with juveniles, to include significant others in their programmes. The family is considered to be the first model of a community in which we socialise, in which we share values, such as those of truth, respect, love and solidarity (Brighouse & Swift, 2014). It is the place where we are nurtured and initiated in the norms of the society we live in. These values are then shared with the extended family, and eventually with the outside world, such as schools, the place of work and one’s greater social circle. 

Community-Based Alternatives to Youth Incarceration

By Melissa M. Labriola, Samuel Peterson, Dulani Woods, Michael J. D. Vermeer, Brian A. Jackson

Based on a one-day count, the number of youth held in juvenile justice facilities declined 77 percent between 2000 and 2020. As a result, the number of residential placement facilities has also decreased, by 50 percent. This decrease is starkest among large facilities, which have decreased 74 percent from 1997 to 2019. Facility closure has gained attention and support for several reasons, such as investments in alternative rehabilitation and community-based programs, cost savings, and recognition of the need to treat youth involved in the juvenile justice system with a focus on rehabilitation rather than punitive measures. The decisions to close these facilities are complex.

This report presents findings and recommendations from an expert panel that explored challenges and opportunities associated with closing juvenile residential facilities and implementing community-based alternatives. The highest-priority needs centered on equity and disparity and the need for family engagement throughout the punitive process. These results are pertinent to a wide audience, including justice-system stakeholders, community corrections practitioners, the research community, and funders or grant-making organizations

Rand. 2024. 24p.

Patterns of Mental Health Service Contacts for Young People Deemed Eligible for Court Diversion

By Carey Marr, Sara Singh, Claire Gaskin, John Kasinathan, Trisha Lloyd & Kimberlie Dean

Past research suggests that diverting young people away from the criminal justice system and into mental health services can reduce subsequent reoffending, but the impact of such programs on the rates of timely mental health service contact are largely unknown. In this study, we examined a sample of 523 young people who were deemed eligible for mental health diversion between 2008 and 2015. Around half (47%) of these young people were granted diversion by a Magistrate. Overall, the levels of timely mental health service contact after court finalization, even for those who were granted diversion, appeared low given that the purpose of diversion is to facilitate such contact for all those diverted. Specifically, only 22% of those who were granted community-based diversion and 62% of individuals granted inpatient-based diversion had mental health service contact within 7 days of court finalization. Rates of health contact were much lower for those who were not granted either type of diversion (8% and 23%, respectively). Diversion was associated with a significant reduction in reoffending rates, but the impact of early mental health service contact was less clear. There is a need to understand the reasons why many young people are not accessing appropriate mental health services following diversion in order to improve outcomes and fully realize the intended benefits of mental health court diversion.

INTERNATIONAL JOURNAL OF FORENSIC MENTAL HEALTH, 2024, VOL. 23, NO. 3, 204–216https://doi.org/10.1080/14999013.2023.2276961

The Supervision of Care-Experienced Children Within the Youth Justice System

By Eleanor Staples and Jo Staines

This research sought to provide evidence about care-experienced children’s involvement with YJSs from the perspectives of both professionals and children. It looks at how YJS professionals understand care-experienced children’s needs and challenges and what barriers exist to working with them. It also explores perceived success factors, roles and relationships with multi-agency partners, and the impact of policy instruments designed to reduce the numbers of care-experienced children entering the youth justice system.

Research & Analysis Bulletin 2024/03 Manchester, UK: HM Inspectorate of Probation, 2024. 52p.