No longer a child: Juvenile incarceration in America.

Source: (2011) Capital University Law Review. 39(1):193-229.

The first section of this note provides a brief history of the juvenile
justice system including its creation, changes since its inception, and the
modem practices of the juvenile court. This section discusses the original
and modem goals of juvenile justice, the differences between juveniles and
adults, and the need to treat juveniles differently and separately from
adults. The second section of this note details how juvenile institutionalization
in the United States is not accomplishing the mission set forth for juvenile
justice. Specifically, this section focuses on the crises in juvenile
correctional facilities, highlighted by the problems in California (California Youth Authority), Louisiana (Louisiana Department of Public Safety and
Corrections, Youth Services, Office of Juvenile Justice), New York (New
York Office of Children and Family Services), Ohio (Ohio Department of
Youth Services), and Texas (Texas Youth Commission). Investigations in
these states show countless illegal practices and procedures. These states
provide good examples of the problems that plague juvenile correctional
facilities across the country.
Finally, the last section of this note optimistically offers hope.
Research and analysis of the various issues in juvenile correctional
facilities show a real need for change, and not just with a few tweaks, but
instead with a radical step away from the culture of institutionalization and
a return to the rehabilitative roots of the juvenile justice system. Experts in
restorative justice, commissioned by the United States Department of
Justice, created a model to implement this type of change. Programs in
Missouri, New York, and California speak to the success of restoration and
the feasibility of implementation. (excerpt)