Going Beyond the Dominant Paradigms of Juvenile Justice Policy
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UNIVERSITY OF CALIFORNIA, IRVINE Lost Causes and Social Injustice: Going Beyond the Dominant Paradigms of Juvenile Justice Policy DISSERTATION submitted in partial satisfaction of the requirements for the degree of DOCTOR OF PHILOSOPHY in Criminology, Law and Society by Sonya Marie Goshe Dissertation Committee: Professor Elliot Currie, Chair Professor Ronald Huff Assistant Professor Sora Han 2015 ©2015 by Sonya Marie Goshe DEDICATION For Nathan and Nora, who bring joy every day and have filled my life with more love than I ever thought possible. To all the young people I have worked with over the years, thank you for sharing your lives with me. Your stories continue to inspire. ii TABLE OF CONTENTS Page ACKNOWLEDGEMENTS iv CURRICULUM VITAE v ABSTRACT OF THE DISSERTATION xi INTRODUCTION 1 CHAPTER 2: Rehabilitation 11 CHAPTER 3: The Punitive Model 37 CHAPTER 4: Rights 77 CHAPTER 5: Nonintervention 102 CHAPTER 6: Restorative Justice 123 CHAPTER 7: Risk 142 CHAPTER 8: Conclusion 169 REFERENCES 181 iii ACKNOWLEDGEMENTS I cannot thank Elliot Currie enough for his unwavering support, encouragement, mentoring and creative inspiration throughout these years. This project would not have been possible without you, and you have made this journey to the Ph.D. intensely rewarding. My creative, professional and personal growth would simply not have looked the same without your penetrating insight, extensive knowledge, and critical imagination. Thank you for your faith in me. I would also like to thank Sora Han, Ron Huff and Geoff Ward for your thoughtful feedback, support through the employment process, and commitment to my work through the end. To Amy Long: You were a daily source of sanity, practical guidance, and inspiration throughout the dissertation writing process. Thank you for staying excited for me even when I thought I was not going to make it. You truly get my creative drive and my desire to be a present mom, and your friendship has been the best gift. I would not have made it without you. To Aimee Munyon: Thank you for bringing your calm, stable, and nurturing presence into my life all of these years. I still remember when I was explaining why I felt the need to go back for yet another degree, and you ask me, somewhat quizzically, why I felt the need to justify it. In your mind, it made perfect sense that I should just do what I wanted to do. It empowered me and is a piece of wisdom I try to pay forward. I cannot wait to be neighbors! To Deserie Charles: Girl, God bless the day I met you in grad school, round one. I walked away from meeting you knowing I had just found a best friend. It is hard to put into words how much your friendship has meant to me throughout the years. You have seen me through the highs and the lows, and have always helped me remember who I am as a person when I most needed reminding. Your commitment to your “kids” has been an ongoing source of inspiration, and is part of the reason I wanted to write this dissertation. We need more professionals like you, and we also need a system that better supports the hard work of sticking with kids through thick and thin. To Matt McCarthy: Thank you for being my life partner and a wonderful father to our children. I remember when we met, and I was still in law school, and you were baffled. “You do not have the personality of a lawyer.” But, when I committed to a career of teaching and writing and advocacy, even though you knew it meant less money and a lot more school, you knew it was my calling. Every time I have doubted myself, you have brought out the “pep talk” and stressed that this is what I am meant to do. Thank you for sticking with me on this journey, and I look forward to embarking with you on the next phase. To Nathan and Nora: Thank you for lighting up my life. Thank you for being everything. You have brought me joy and perspective. You have showed me just how precious life is and how much further our country has to go to become a place where all children can grow and thrive. iv CURRICULUM VITAE Sonya Marie Goshe Wilmington College August 2015- Assistant Professor, Criminal Justice Education & Awards PhD University of California, Irvine June 2015 Criminology, Law and Society Departmental commendations for performance Undergraduate Mentoring Award Recipient Newkirk Fellowship Recipient: Award granted to students whose research has potential for significant public impact and benefit to society Professional Development Fellowship Dissertation: Lost Causes and Social Injustice: Going Beyond the Dominant Paradigms of Juvenile Justice Policy Chair: Elliot Currie Committee: Ron Huff, Sora Han J.D. The Ohio State University 2004 Moritz College of Law Pedrick Scholar Award for Academic Excellence (Arizona State University) CALI Award for Academic Excellence in Natural Resource Law (Arizona State University) M.Ed. University of Virginia 2000 Clinical & School Psychology BA Ohio Wesleyan University 1998 Psychology Summa Cum Laude Phi Beta Kappa Department Awards for Outstanding Academic Achievement and Research Excellence v Publications Goshe, S. “Moving Beyond the Punitive Legacy: Taking Stock of Persistent Problems in Juvenile Justice”, Youth Justice: An International Journal , 15(1): 42-56, April 2015. Goshe, S “Malleable Mandates: Liberal Ideology and the Politics of Protection and Punishment in the Juvenile Justice and Delinquency Prevention Act” , Western Criminology Review , April 2013. Works in Progress Goshe, S . “The Potential for ‘Punitive Takeover’”: Punitive Ideologies, Racial Injustices, and Threats to Progressive Vision in Juvenile Justice, forthcoming, American Society of Criminology Association Conference, November 2015. Goshe, S. “Justice at-Risk: Ideologies of Avoidance and the ‘Logic of Severance’ in the Risk Factor Model”, paper in progress . Goshe, S. “Quotas, Counting & Colorblindness: The Problem of Disproportionate Minority Contact in the Juvenile Justice and Delinquency Prevention Act”, paper in progress. Presentations Goshe, S. “Moving Beyond the “Punitive Legacy”: Transforming ‘High Harm’ Issues in Juvenile Justice”. American Society of Criminology Annual Meeting, November 2014. “The Rehabilitative Ideal and Implications for Re-Imagining Juvenile Justice” , American Society of Criminology Annual Meeting, November 2013. “The Modern Accountability Philosophy and the Erosion of State Responsibility in Federal Juvenile Justice Law”, Society for the Study of Social Problems. August 2013 “Quotas, Colorblindness and Counting: The Construction of Youth, Race and Justice in Federal Law”, Critical Criminology & Justice Studies Conference. February 2013 “Juveniles and Justice: Capacity, Culpability and Intervention.” July 2012; August 2013. Invited lecture, Advanced Forensic Psychology, University of California, Irvine “Mandates or Mayhem? The Politics of Punishment and Protection in the Juvenile Justice and Delinquency Prevention Act”. Critical Criminology and Justice Studies Conference. February 2012. “Youth in Limbo: Accountability and Federal Juvenile Justice Law”, American Society of Criminology. November, 2010 vi Teaching Experience Teaching Associate University of California, Irvine Developed and delivered course content for a class on legal sanctions and social control. It focused on critically evaluating selective policy approaches, with particular emphasis on current issues in policing, drugs, juvenile justice, immigration and terrorism. Each policy approach was discussed in terms of the relationship to social control, race, class and gender inequalities. Assessed learning through applied critical thinking and writing assignments, video and media exercises, role plays, oral presentations. Teaching Assistant University of California, Irvine Promoted student learning through individual interaction, group discussion and activities. Assisted faculty with course administration and grading. Courses include ethics and politics of justice, hate crime (online Master’s class), policing, natural field research methods, American socio-legal theory, crime and gender, women and social control, white collar crime, and introduction to criminology, law and society. Adjunct Faculty, Online Programs; New Faculty Mentor Grand Canyon University College of Liberal Arts and Sciences Instructed diverse student population, including working professionals, first generation students, and international students in a broad array of online liberal arts and justice courses including a Master’s level statistics class, ethics in criminal justice, an introductory political science course, and courses in personality and developmental psychology. Mentored new online faculty to promote successful teaching and improve learning outcomes. Adjunct Faculty, Online Programs International Institute of the Americas Phoenix, Arizona Developed online curriculum for courses in ethics in criminal justice, introduction to criminology, juvenile justice, corrections, and philosophy of public policy administration. Taught a broad array of non-traditional students, typically first generation college students from diverse backgrounds in a range of online courses including: criminal law, introduction to criminology, juvenile justice, corrections, ethics, and introduction to sociology. vii Lead Faculty, Legal Programs International Institute of the Americas Instructed a diverse group of students, often first generation college students, working professionals, or individuals pursuing college immediately after obtaining a G.E.D. in a broad range of criminal justice, liberal arts, and legal