Learned Helplessness, Criminalization, and Victimization in Vulnerable Youth

Home , Learned helplessness, Youth detention center

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY LEARNED DECEMBER 2020 Elizabeth HELPLESSNESS, Trejos-Castillo, Texas Tech University Evangeline Lopoo, CRIMINALIZATION, Justice Lab, Columbia University AND VICTIMIZATION Anamika Dwivedi, Justice Lab, Columbia University IN VULNERABLE YOUTH The Square One Project aims to incubate new thinking on our response to crime, promote more effective strategies, and contribute to a new narrative of justice in America.

Learn more about the Square One Project at squareonejustice.org

The Executive Session was created with support from the John D. and Catherine T. MacArthur Foundation as part of the Safety and Justice Challenge, which seeks to reduce over-incarceration by changing the way America thinks about and uses jails. 04 08 12

INTRODUCTION VICTIMIZATION AND CURRENT JUSTICE CRIMINALIZATION OF POLICY AND PRACTICE VULNERABLE YOUTH LARGELY IGNORE YOUTH PERPETUATES LEARNED DEVELOPMENTAL HELPLESSNESS OUTCOMES 15 18 25

INSTITUTIONALIZATION TO COMBAT LEARNED CONCLUSION IN ALL ITS FORMS HELPLESSNESS, WE HAS THE POTENTIAL MUST PRACTICE TO INFLICT “HUMANIZING JUSTICE” PSYCHOLOGICAL HARM 26 27 31

ENDNOTES REFERENCES ACKNOWLEDGEMENTS 31 32

AUTHOR NOTE MEMBERS OF THE EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 04 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

“I have been in the foster system for 8 months and I have been locked up for 8 months…”1 Tina, a 17-year-old, lost her mother unexpectedly to a late diagnosed terminal disease in 2017. She and her younger siblings, including two adopted younger cousins, were in separate placements and were denied contact with each other. A few days after losing her mother and her siblings, while in custody of Child Protective Services, Tina harmed herself. She was immediately sent to a youth detention facility and held in solitary confinement for months for her “own protection.”

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 05 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

Tina is one of many youth navigating complex as US Immigration and Customs Enforcement and oftentimes irrational youth confinement (ICE) has detained some 40,000 immigrants systems in the United States, including adult and asylum seekers in 200 detention centers prisons, long-term secure facilities, group in the United States (Amnesty International homes, shelters, residential treatment, foster 2020b:5).2 Many parents detained by ICE are care, and many other institutional settings. being forced to make the heart wrenching The reach of these systems into the lives decision to either stay together with their of young people is massive. The number of children in detention indefinitely—a choice young people in youth and adult incarceration made further dangerous by the infectious systems alone is unwieldy: in 2018, nature of the COVID-19 pandemic—or send 37,529 youth were incarcerated in youth their children to live with a sponsor and risk facilities in the United States; 3,400 were held their own deportation (Amnesty International in adult jails (72 percent of said youth facing 2020a). While the parameters of detainment charges as adults); and 699 were held in adult in youth prison facilities and family detention state prisons—totaling 41,628 system-involved centers differ, the consequential trauma and youth (Office of Juvenile Justice and liberty restrictions being inflicted upon these Delinquency Prevention 2020). A year young people are the same. earlier—the most recent year with data available for demographic breakdowns The United States is a carceral outlier, of youth confinement populations— incarcerating at a rate of 60 out more than two-thirds of youth in carceral of 100,000 youth (the highest rate of custody were over 16 years old, but 92 reporting countries in the United Nations approximately 500 were 12 years old (UN)). Yet, youth throughout the world or younger, demonstrating that while the are consistently deprived of the various youth justice system largely cages older freedoms delineated as fundamental adolescents, it does not hesitate to lock up rights by the UN Convention on the Rights physically and developmentally young children of the Child (Saxon 2019; Nowak 2019; as well (Sawyer 2019). Undocumented youth United Nations Human Rights Office of the are especially vulnerable to confinement, Commissioner N.d.). This Convention has

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 06 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

been ratified by all UN member countries large in the first place, and why has it been except the United States.3 Despite the public so challenging to undo and reduce the reach commitment to protecting children, however, of youth detainment? Why is the United States a recent UN Human Rights Committee study an outlier within a global context that already (2019) found that there are 5.4 million children over-confines youth? living in institutions worldwide. Adding in the estimated 1 million children who are detained In the United States and worldwide, youth in police custody each year, approximately detainment has become an immediate, 7 million children experience some kind of catch-all response to challenges perceived detainment and severe liberty constraint as affecting public order and safety, including by institutional forces each year (Nowak but not limited to mental health, increased 2019:60). Clearly, member countries of the poverty rates, immigration, and others United Nations are not remaining steadfast (e.g., Mauer 2017; World Prison Brief 2019). in protecting childhood as a basic right It is often the go-to mechanism for any for all young people. behaviors that make society uncomfortable: youth wandering on the streets, youth acting There is certainly nuance to this story, out as a sequela of abuse and neglect, as the scope of youth incarceration in the youth resorting to illegal means for survival, United States has declined since the turn youth practicing truancy, or youth raising of the century. From 2000 to 2018, youth their voices to fight for change. As the incarceration in the United States declined socio-political roots of criminalization by 66 percent, and several jurisdictions are of youth remain unchallenged, so too does working to “zero out” the number of youth our social tolerance for abuse, neglect, held in traditional youth facilities in the and human rights violations. We are United States (Schiraldi 2020). Yet, how numb to approaches that are punitive did the US youth carceral state grow so and dehumanizing, such as youth solitary

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 07 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

confinement, limited treatments and community-based solutions to help services, placement in adult facilities, vulnerable youth overcome these challenges and life sentences. and lead healthy, productive, and safe lives. By doing so, we aim to create public Informed by a human development consciousness about societal contexts perspective, this paper will discuss the and the psycho-social processes affecting individual and contextual factors that lead vulnerable youth that can dismantle to the criminalization and victimization tolerance for their criminalization and of vulnerable youth, defined as youth victimization. We propose that justice exposed to risks and challenges that for youth must take on a new meaning: may be traumatic and detrimental to a humane approach to providing youth who their overall development and may have face traumatizing experiences with social, lifetime consequences. It will then offer emotional, and behavioral support.

IN THE UNITED STATES AND WORLDWIDE, YOUTH DETAINMENT HAS BECOME AN IMMEDIATE, CATCH-ALL RESPONSE TO CHALLENGES PERCEIVED AS AFFECTING PUBLIC ORDER AND SAFETY ...

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 08 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

VICTIMIZATION AND CRIMINALIZATION OF VULNERABLE YOUTH PERPETUATES LEARNED HELPLESSNESS

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 09 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

Two core elements are central to understanding human development: process and context.

Process reflects the internalization “dysfunction,” makes a person ill-equipped of factors that influence a person’s to cope and exercise control over wellbeing, motivation, engagement, circumstances, causing them to experience self-esteem, and belongingness. greater difficulty in adapting and managing Essentially, process defines how appropriate behaviors to deal with their we respond internally to external factors. context. Both competence and dysfunction Context, from a human developmental are—not surprisingly—greatly affected by the perspective, means exactly what it would contexts to which a person is exposed. to a layperson: contexts are the external proximal factors, beyond a person’s Sometimes youth are exposed to uniquely control, that directly or indirectly drive harmful and traumatic contexts that could a person’s decision-making and affect lead to their confinement, such as abuse their overall mental and behavioral (e.g., emotional, physical, sexual), neglect, wellbeing. Process and context forced labor, sexual exploitation, human work in tandem to create a person’s trafficking, forced displacement due to response mechanisms. armed conflict or political instability, extreme poverty, parental death, natural Positive or negative social support disasters, or parental migration to other and behavioral reinforcement can countries. It is these contexts, rather than influence processes, and, depending some innate sense of malice, that may cause on the circumstances, might exert two youth to develop maladaptive processes opposite effects on the person. For such as acting destructively or hurting example, development of “competence” others; said actions may be an attempt means a person acquires the needed to cope with distressing experiences. abilities and skills to adapt and thrive, In fact, studies clarify that vulnerable youth as well as the knowledge to guide their do not have a greater propensity to engage own behaviors and decision-making to in riskier behaviors (i.e., “misbehave”) than resolve life events. The opposite process, youth in general, as all adolescents tend

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 10 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

to underestimate the risks and Youth recognize and voice the effect consequences of their actions of outside forces on their choices when (e.g., optimistic bias) in part due to interviewed in systems of care like multiple socio-emotional, cognitive, youth facilities: neurological, and physiological changes affecting their decision I’ve been on my own on the streets making and impulse control (Reyna since I was 12. Every time they put and Farley 2006; McCormick, Qu, and me somewhere I ran away … there Telzer 2016; Spear 2013; Steinberg [in the street] I’m free and can take 2007). However, vulnerable youth might care of myself … I’ve had foster parents engage in such behaviors at an earlier who fed me dog food, who’ve beat me. age, at a greater frequency, and with Joseph, 13-years-old more intensity due to the necessity (3-month detention)4 to preserve their lives or senses of self in a context that denies them I’m not ashamed of what I did. I am opportunities for developing positive a “man of values” you see, I’m the coping and survival skills (Centers man of the house and I need to for Disease Control and Prevention feed my younger siblings every day. 2015; Moore, Philippe, West, Campbell, My only regret is that I got caught and Grubb 2016; Trejos-Castillo and today and there is no[t] gonna Trevino-Schafer 2018). be food on their plates tonight, tomorrow, and… (begins to cry) Thus, we must understand the Raul, 11-years-old contexts in which youth live (child-welfare/ before rushing to criminalize undetermined detention)5 them. Vulnerable youth coming from complex circumstances who I ran away from home. My parents can experience criminalization and barely feed and clothe my brothers victimization may develop a sense and I’m old enough to survive on of inner “nowhereness” due to lack of the streets and work … I was hiding stability, direction, safety, relatedness, from my family but the police caught and continuity, all of which leaves me, I’m so far away I cannot go them helpless. This phenomenon, back now … called “learned helplessness,” refers Shana, 15-years-old to the internalized perception of (6-month detention)6 powerlessness that results from

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 11 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

exposure to uncontrollable, continuous Youth verbalize their experiences negative events (Abramson, Seligman, of internalized learned helplessness and Teasdale 1978). Learned as they describe their lives: helplessness can have short- and long-term detrimental effects on brain … cuz I didn’t have no uh teachings development; cognitive, learning, from dad about the basic essentials and emotional processes; physical about what a person’s supposed to do and mental health; as well as social in life, like human quality traits, stuff adaptation and the development like that. I had to figure that out on my of healthy relationships. The vicious own. And me being without my mother cycle might precipitate youth into I uh saw that, like it was hard for me a self-fulfilling prophecy leading to love somebody, cuz a father teaches to negative outcomes based on the his son how to be a man, and a mother belief they are worthless, will not teaches her son how to love and I didn’t live long, and lack control over have none of that … their futures. Over time, learned Anonymous7 helplessness becomes an internalized oppression that affects not only the Me personally, I grew up around individual, but also the group, creating a lot of violence and my mom she a socially accepted mechanism for had always been abused and I went the intergenerational transmission to foster care and I always got abused of disparities, inequalities, and and I always ran away. I always had inequities to ensure the protection to fight. Me fighting always landed and legitimization of the status quo. me in being incarcerated which always ended up in me fighting again, so being abused and in foster care and all that I landed here. Anonymous8

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 12 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

CURRENT JUSTICE POLICY AND PRACTICE LARGELY IGNORE YOUTH DEVELOPMENTAL OUTCOMES

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 13 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

Despite the breadth and depth of scholarship on developmental outcomes, youth developmental psychology has failed to translate to policy and practice.

Social policies and justice systems Harper 2015; Petteruti 2011). Even more typically follow a “universalist” approach alarming is the evidence showing that with limited regard to the unique contexts students of color are disciplined at higher transecting individual life trajectories, rates than their white counterparts starting and, as such, are not well equipped to as young as preschool years. As revealed address historically complex interactions by the Civil Rights Data Collection (CRDC), between race, ethnicity, class, and gender in the 2011–12 school year, Black and Hispanic or sexual identity. By failing to integrate youth were four to six times more likely a developmental perspective into justice to be suspended or expelled from middle system practices, generations of harm and to high schools. Black preschoolers trauma that are distributed unequally in our were about 3.5 times more likely to receive society fail to be acknowledged. Inequitable one or more school suspensions or treatment persists when governmental be denied access to head start programs. actors do not take intergenerational violence Furthermore, thirteen US southern and its psycho-social effects into account states account for 55 percent of the when interacting with vulnerable youth. school suspensions and 50 percent of school expulsions of Black students A noteworthy example of “universalist” (Office for Civil Rights 2014). Racial profiling policymaking that disparately affects in schools takes on more subtle ways youth by race is the growing number of to discriminate and incriminate youth disciplinary actions and school offenses of color on the basis of “defiant behaviors,” that have increased youth of color referrals “disrespect,” and “ungovernability.” to the youth justice system even though Policies such as these also disregard rates of violent crime in schools have that Black people are twice as likely to be been declining since 1999 (Justice Policy poor than white people, and that poverty Institute 2013; Nance 2017; Smith and has been found to be a strong predictor for

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 14 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

behavioral problems in early adolescence of color. Thus, youth of color accounted (Pew Research Center 2016; Mazza, for approximately 67 percent of all Lambert, Zunzunegui, Tremblay, Boivin, incarcerated young people in 2017 and Côté 2017). The toll of poverty literally (Office of Juvenile Justice and Delinquency puts poor Black and other youth of color Prevention 2020) even though they only at an immediate disadvantage in school represented 49 percent of the entire settings, and thus over-incarcerates youth population (The Annie E. Casey and over-institutionalizes them. Foundation 2019).

Overall, system- and care-impacted “Zero tolerance” policies and the increasing youth are disproportionately youth of color. number of school resource officers (SROs), Though rates of youth arrests decreased plus the high rate of school suspensions, from 49 percent in 2003 to 31 percent in expulsions, arrests, and referrals to 2013, the racial disparities among white the justice systems from schools and youth and Black, Hispanic, and Native the child welfare system, do not make American youth increased during those US school campuses nor streets safer. 10 years (Rovner 2016). Black boys and For children and youth—particularly girls account for approximately 42 percent youth of color—dealing with abuse and and 35 percent of the total number of neglect; exposure to violence; separation incarcerated youth, respective to gender. and loss of family members; poverty; Hispanic youth account for 22 percent learning, physical, or mental disabilities; of all incarcerations, and Native American segregation; or racial and sexual boys and girls—though accounting for less discrimination, schools and protective than 1 percent of the total youth of color care services are no longer safe spaces population—represent 1.5 percent and to restore some sense of normalcy into 3 percent of the incarcerated youth their lives.

INEQUITABLE TREATMENT PERSISTS WHEN GOVERNMENTAL ACTORS DO NOT TAKE INTERGENERATIONAL VIOLENCE AND ITS PSYCHO-SOCIAL EFFECTS INTO ACCOUNT WHEN INTERACTING WITH VULNERABLE YOUTH.

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 15 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

INSTITUTIONALIZATION IN ALL ITS FORMS HAS THE POTENTIAL TO INFLICT PSYCHOLOGICAL HARM

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 16 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

Youth of color’s disproportionate risk of being incarcerated and institutionalized stems from policies and laws that funnel them from one system to another.

While moving across multiple systems, Across systems serving vulnerable youth, youth might be placed back with their the disconnect between humanity and biological families or next-of-kin, be placed treatment is appalling. For example, Safe on supervision, get adopted, be transitioned Harbor laws (protecting human trafficked out of child welfare into life without further youth from prostitution, and providing support, or be channeled into the adult them with shelter, treatment, and housing) justice system due to accumulated factors are only enforced in twenty-one states (e.g., drug use, drug trafficking, prostitution, and in some cases are only applicable or criminal behaviors). In settings like foster to youth under 14-years-old (Williams 2017). care and psychiatric care, restraining Despite commercial sexual exploitation and disciplining practices often further of children being prohibited by law, criminalize and victimize vulnerable youth prostituted children do not automatically in the process of “protecting” them. These receive a “victim” status and more likely “protective measures” rarely result in better will face charges in the United States. outcomes for vulnerable youth and instead In addition, girls entering the youth justice continue to inflict trauma on those who system for illicit sexual activities report need healing. having experienced sexual and emotional victimization while in these youth facilities (US Department of Justice 2013).

ACROSS SYSTEMS SERVING VULNERABLE YOUTH, THE DISCONNECT BETWEEN HUMANITY AND TREATMENT IS APPALLING.

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 17 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

In regards to mental health services, Unfortunately, the following case national statistics show that is a common example of the ways 50 to 75 percent of incarcerated in which vulnerable youth can be youth are diagnosed with a mental exposed to multiple social systems or behavioral health condition ill-equipped to effectively improve their (Underwood and Washington circumstances and life outcomes: 2016). Exposure to trauma is also overwhelmingly extensive; Sonya (15-years-old) had a long history for example, in a Cook County, of sexual abuse back home. Child Illinois youth detention center, Protective Services (CPS) placed almost 93 percent of detainees her in a great facility where she was had experienced at least one getting trauma-informed treatment form of trauma (Abram, Teplin, for Domestic Minors Sex Trafficking Charles, Longworth, McClelland, (DMST) youth. She was getting all and Dulcan 2004). Knowing that those services there, well, then justice-involved youth, compared she did really great for a month and to youth in general, are at a then her “risk” level dropped. So, CPS disproportionately higher risk for got her out of there because her risk developing a mental or behavioral level did not qualify her anymore and health condition or trauma disorder even though we had emails from the should be enough evidence that therapist saying she was not ready the justice system functions to go anywhere else. So, she got out as a germination chamber and ended up with the same gang for mental illness. members who were trafficking her before and having her sell drugs for protection and survival … she picked up prostitution and drug charges along the way and then she did not qualify for the DMST program anymore because she exceeded the “risk” level. She is now at this facility because she cannot [sic] longer go back to CPS … it’s a vicious cycle and we have to break it …” Parole Officer9

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 18 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

TO COMBAT LEARNED HELPLESSNESS, WE MUST PRACTICE “HUMANIZING JUSTICE”

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 19 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

The criminalization of vulnerable youth behaviors—behaviors which, out of context and without understanding their developmental trajectories, may seem deviant—has reinforced …

… the misconception that crime has a face, opportunities and resources to meet a name, an age, a skin color, a gender, needs and support growth and well-being, and lives in a certain neighborhood. As people can change, grow, and thrive—would a consequence, we do not yet acknowledge allow us to humanize justice. From school that the so-called “deviance” does not personnel to community leaders, police necessarily lie within the person, but officers, lawyers, judges, and the public, may be a condition forced upon a person our social responsibility for the challenging by contexts and circumstances, lack of life trajectories of vulnerable youth should opportunities and resources, and societal be a priority. Below, we propose three and historical oppression and prejudice. recommendations to better serve vulnerable These circumstances could make any person youth: respond to youth offending with feel hungry, angry, cold, unsafe, frustrated, restorative justice practices and policies; sad, abandoned, confused, afraid, shameful, make community-based reintegration anxious, distrustful, resentful, despaired, programs and welfare services an immediate and helpless—and lead them to act and universal priority for all justice-involved accordingly. Accepting that under extreme youth; and fortify social service systems circumstances, people will resort to survival to prevent learned helplessness and skills—and that, similarly, given the right diminish youth criminalization.

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 20 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

1. RESPOND TO YOUTH OFFENDING WITH RESTORATIVE JUSTICE PRACTICES AND POLICIES.

The capacity to understand youth crime all the parties affected by an incident as a consequence, not as a cause, of social of wrongdoing, to decide collectively problems has been understood by many on a consensual basis how to deal with civilizations and societies long before us. the aftermath of the incident” and adheres Indigenous justice practices approach crime to values that “guide an intervention as a social conflict. For instance, in African following an incident of wrongdoing” communitarian societies, indigenous justice (Roche 2002). Restorative justice systems are centered on the well-being of acknowledges that crime is fundamentally the victim, the person who has committed a violation of people and interpersonal wrongdoing, and the community at large, as relationships, and that these relationships the social equilibrium can only be achieved must be healed and wrongdoings must if all parts work together in restoring justice. be made right (Zehr and Mika 1998). While “Umuntu Ngumuntu Ngabuntu,” translated the implementation of restorative justice from Zulu as “a person is a person through takes on many forms, the concept has other persons,” is the center of Ubuntu been globally adopted and implemented justice practice. These practices treat since 1980 with increased popularity the harmed and the person who harms in 40 countries across Africa, Asia, Europe, with dignity and compassion and, more Latin America, the Caribbean, Middle-East, importantly, they reintegrate them as and the Pacific region. accountable members of the community where the responsibility for change is In the United States, restorative shared by all. justice policies face some institutional resistance. As a consequence, they are These indigenous justice practices have often implemented in the youth system been adopted in contemporary justice in conjunction with some elements of systems through restorative justice. traditionally retributive justice policies. Restorative justice can be understood The forms in which state legislative codes as both a structure and a set of cite restorative justice vary: only 11 states values: the process “brings together emphasize solely restorative justice

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 21 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

ACCEPTING THAT UNDER EXTREME CIRCUMSTANCES, PEOPLE WILL RESORT TO SURVIVAL SKILLS—AND THAT, SIMILARLY, GIVEN THE RIGHT OPPORTUNITIES AND RESOURCES TO MEET NEEDS AND SUPPORT GROWTH AND WELL-BEING, PEOPLE CAN CHANGE, GROW, AND THRIVE—WOULD ALLOW US TO HUMANIZE JUSTICE.

principles in their youth justice statutes could be conducive to development and codes; seven states use a so-called of youth’s life skills, accountability, and “balanced approach” that includes civic responsibility, while simultaneously a combination of regular youth justice promoting the dignity of young people policies with the inclusion of traditional (Fronius, Darling-Hammond, Persson, accountability practices, community work, Guckenburg, Hurley, and Petrosino 2019). treatment and care, and rehabilitation services; and 20 states use a mix of both Yet restorative justice will not be “balance and restorative justice” language fully embraced until the US legal (Pavelka 2016). Despite the continued system fundamentally shifts from resistance to adopting restorative justice punitiveness to accountability and widely in the US, this reparative approach rehabilitation. Restorative justice should might be key to ameliorating the effects be understood not as a “program,” but of the school-to-prison and care-to-prison as a reconceptualization of our moral pipelines by allowing practitioners, imperatives—specifically in adjudication professionals, and caregivers to examine and sentencing and, more generally, the factors leading to youth offending, in our communal obligations to each and more importantly, stopping the other. Furthermore, a shift to accountability unnecessary escalation of disciplinary and rehabilitation is compatible with actions for behaviors that are preventable a deviation from learned helplessness and modifiable. In fact, studies have that the system of punitiveness condones. found that schools might represent the When restorative justice is promoted, ideal setting for implementing restorative learned helples‑sness is negated, justice practices. School settings and vice versa.

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 22 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

2. MAKE COMMUNITY-BASED REINTEGRATION PROGRAMS AND WELFARE SERVICES AN IMMEDIATE AND UNIVERSAL PRIORITY FOR ALL JUSTICE-INVOLVED YOUTH.

Beyond restorative justice practices, rates wellbeing of youth and their positive of youth recidivism and the accompanying growth rather than punish them (Souverein, stigma of criminal activity can be reduced Dekkers, Bulanovaite, Doreleijers, Hales, by reintegrating justice-involved young Kaltiala-Heino, Oddo, Popma, Raschle, people into society through welfare services Schmeck, Zanoli and van der Pol 2019; Young, (e.g., housing, food, health), educational Greer, and Church 2017). or vocational and training programs, family therapy programs throughout detention Two important challenges to developing and reentry, open custody and half-way and implementing unconventional youth centers, and partnerships with industries justice reentry models are sustainability and businesses aiming to develop social and scalability. Reallocating funds and human capital and enhance labor from traditional justice programs market opportunities. Leading countries to community-led initiatives is key with such model programs are Australia, for ensuring that new efforts will Belgium, Brazil, Canada, Finland, France, be developed, tested, implemented, Germany, New Zealand, Turkey, and the evaluated, and maintained if successful. United Kingdom. These countries have much Alternative partnerships with community stronger social service systems than the advocates, industry, organizations, United States and can therefore respond nonprofits, and private foundations to youth offending in more beneficial ways, support scalability of evidence-based such as providing healthcare, pedagogical interventions (EBIs) to expand benefits and psychiatric referrals, and life and to a larger population as well as support soft vocational skills development. These replicability and adaptation of EBIs to systems support the socio-emotional diverse populations of youth.

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 23 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

3. FORTIFY SOCIAL SERVICE SYSTEMS TO PREVENT LEARNED HELPLESSNESS AND DIMINISH YOUTH CRIMINALIZATION.

To tackle learned helplessness, we cannot New York City, has implemented a restorative rely solely on utilization of restorative justice project in five Brooklyn high schools justice and reintegration programs in that allows conflict resolution to occur response to youth offending. We must also in a safe, monitored space, significantly employ preventive strategies for youth reducing the schools’ use of suspensions offending by creating a social service and the interference of SROs, thus model that supports and strengthens the minimizing youths’ potential for interaction holistic development of long-lasting life with the system entirely (Center for Court skills, healthy habits, prosocial behaviors, Innovation 2019). positive character traits, and work skills in a timely manner across various welfare Access to robust social services structures and life systems. The same and supports also depends on the urgency to implement restorative justice availability of sufficient resources. In and reintegration practices in the youth the last decade, social service-centered system should apply to developing these programs have been developed, piloted, preventive practice frameworks, from school and implemented throughout the to communities to care services, that are United States, though they vary widely contextually and culturally appropriate, by state and region. The US approach are informed by human development and includes community evidence-based individual trajectories, and revendicate outreach and engagement programs, youth’s rights as active agents of their own funded by federal, state, and private resilience and growth. Strong partnerships grants supporting their implementation across different structural systems, such across different settings (e.g., schools, as health and education, and community-led community centers) and locations advocacy can provide a solid base to manage (e.g., urban, rural, suburban, online). resources more cost-effectively, avoid In fact, the National Institute of Justice duplications, and prioritize interventions Crime Solutions database lists 12 effective that would repurpose funds most efficiently. and 35 promising evidence-based youth For example, the Center for Court Innovation programs and 3 effective and 5 promising (2019), a non-profit organization based in evidence-based practices, or general

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 24 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

procedures or strategies for youth (National Rausch, Arvidson, and Grassgreen 2019; Institute of Justice 2020). For 2020, the US Huang, Flatow, Biggs, Afayee, Smith, Clark, Congress allocated $320 million for youth and Blake 2014; Kataoka, Vona, Acuna, justice programs representing the largest Jaycox, Escudero, Rojas, Ramirez, Langley, requisition of funding since the previous and Stein 2018). Continued training and high of $424 million in 2010 (Congressional education for all practitioners and staff Research Service 2020). Funds have are also needed to implement de-escalation been allocated for new grants to prevent techniques; support the development of trafficking of girls and continuing grants adaptive behaviors and life skills, of positive studying opioid-affected youth and children coping strategies, and of self-efficacy and exposed to violence. The continuation of this self-restraint; and help with the efficient work is promising and supports the unique management of secondary traumatization needs of youth populations. and stress (Skinner-Osei, Mangan, Liggett, Kerrigan, and Levenson 2019). Vital to developing a stronger social service net, we must create policies and training for social and health service providers that align with youth’s individual trajectories These three recommendations must all and contexts throughout different modes be prioritized in both policy and practice, of institutionalization. For example, as they are imperative for reduction trauma-informed services that include of learned helplessness and of youth universal screenings and assessment for criminalization and victimization. trauma and psychological and psychiatric Without implementing restorative justice, conditions, as well as developmentally reintegration, and preemptive tactics, appropriate interventions, treatment, and youth voices will continue to remain silent timely follow-ups, must be a priority practice and young people will remain stripped in youth justice centers (Branson, Baetz, of their humanity, their strengths, and Horwitz, and Hoagwood 2017). Localities their capacities. We must listen to their such as Massachusetts, Connecticut, dreams and learn from the strengths Alaska, and California have developed and assets that carry them through working definitions and a best-practice their journeys in order to support their protocol for trauma-informed care of young healing and resilience. In their individual people in multiple settings and implemented stories there is a clear cry for social this protocol in trials (Fishel, Sanders, justice, demanding that we evolve from Coulehan, Frank, Sidmore, Azzarella, gatekeepers to door-openers.

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 25 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

CONCLUSION

It has now been ninety-six years since sentencing young offenders to life the Geneva Declaration of the Rights of in prison without parole; confining youth the Child (1924), sixty-one years since its in adult detention and corrections facilities; wide adoption by the United Nations (1959), disrupting families and separating children and thirty years since it was ratified as from their caregivers, exposing them the Convention on the Rights of the Child to damaging stress; persecuting minors during the so-called “Year of the Youth” for petty crimes; and other human and (1989–90). Yet the world—and, to an even children’s rights violations are all common greater extent, the United States–has fallen practices. Moving forward, we must short in defending children and youth’s recognize that previous policymaking human rights. The Convention on the Rights has failed to consider the specialized of the Child charges us to preserve and needs of youth who are vulnerable protect young people’s mental and physical to maladaptive coping mechanisms, development from harmful influences, and thus to learned helplessness. abuse, and exploitation; safeguard their rights to life, survival, and development; Lastly, as demonstrated by the quotes and ensure their full participation in family, included throughout this paper, we must cultural, and social life (UNICEF 1990). listen first to directly impacted youth. We have yet to honor this charge. Listening is the first step in acknowledging the inherent power youth have to overcome While the United States has tried in their circumstances and, in doing so, recent years to undo some of the damage overcome learned helplessness. Only caused by punitive excess, such excesses through centering these strong youth can we unfortunately remain the norm. Overusing begin to ensure their rights to safe, healthy, arrest, detention, imprisonment, and and thriving lives.

LISTENING IS THE FIRST STEP IN ACKNOWLEDGING THE INHERENT POWER YOUTH HAVE TO OVERCOME THEIR CIRCUMSTANCES AND, IN DOING SO, OVERCOME LEARNED HELPLESSNESS.

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 26 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

ENDNOTES

1 Interviews conducted by 4 Interviews conducted by 7 Interviews conducted by Trejos-Castillo at a Texas Trejos-Castillo at a Texas youth Trejos-Castillo at a Texas youth facility; study partially facility; study partially funded youth facility; study partially funded by a US Department by a US Department of Health and funded by a US Department of Health and Human Sciences, Human Sciences, Administration of Health and Human Sciences, Administration on Children, on Children, Youth and Families grant. Administration on Children, Youth and Families grant. Youth and Families grant. 5 Interviews conducted by 2 We do not have accurate data Trejos-Castillo at a Brazilian youth 8 Interviews conducted by on exactly how many of these detention facility; study funded by Trejos-Castillo at a Texas people are youth. a Fulbright Scholar Grant, United youth facility; study partially States Department of State, Bureau funded by a US Department 3 South Sudan and Somalia ratified of Educational and Cultural Affairs. of Health and Human Sciences, this Convention in 2015, making Administration on Children, the United States the sole country 6 Interviews conducted by Youth and Families grant. to fail to ratify. Both the Clinton Trejos-Castillo in western India and H.W. Bush administrations at a child welfare center; study 9 Interviews conducted by participated in negotiations partially funded by C.R. Endowed Trejos-Castillo at a Texas and contributed provisions. Professorship in Human Development youth facility; study partially See Mehta 2015. & Family Studies, Texas Tech University. funded by a US Department of Health and Human Sciences, Administration on Children, Youth and Families grant.

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 27 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

REFERENCES

Abram, Karen M., Linda A. Teplin, Branson, C. E., C.L. Baetz, S.M. Transforming-Schools-A-Framework- Devon R. Charles, Sandra L. Longworth, Horwitz, and K.E. Hoagwood. 2017. for-Trauma-Engaged-Practice- Gary M. McClelland, Mina K. Dulcan. “Trauma-informed juvenile justice Final.pdf). 2004. “Posttraumatic Stress Disorder systems: A systematic review of Fronius, Trevor, Sean Darling- and Trauma in Youth in Juvenile definitions and core components.” Hammond, Hannah Persson, Sarah Detention.” Archives of General Psychological trauma: theory, Guckenburg, Nancy Hurley, and Psychiatry 61:403–410. https://doi. research, practice and policy, 9(6): Anthony Petrosino. 2019. Restorative org/10.1001/archpsyc.61.4.403. 635–646. https://doi.org/10.1037/ Justice in US Schools: An Updated tra0000255. Abramson, L. Y., M.E.P. Seligman, Research Review. WestEd Justice and and J.D. Teasdale. 1978. “Learned Center for Court Innovation. Prevention Research Center. Retrieved helplessness in humans: Critique and 2019. “Restorative Justice in February 1, 2020 (www.wested. reformulation.” Journal of Abnormal Schools.” Retrieved August 13, 2019 org/wp-content/uploads/2019/04/ Psychology. 87:49–74. (www.courtinnovation.org/ resource-restorative-justice-in-u- restorative-justice-schools). s-schools-an-updated-research- Amnesty International. 2020a. review.pdf). Family Separation 2.0: “You aren’t Centers for Disease Control and going to separate me from my Prevention CDC (2015). “Youth Risk Huang, Larke N., Rebecca Flatow, only child.” Retrieved August 27, Behavior Surveillance 2015.” Retrieved Tenly Biggs, Sara Afeyee, Kelley 2020 (www.amnestyusa.org/ from www.cdc.gov/healthyyouth/data/ Smith, Thomas Clark, and Mary wp-content/uploads/2020/04/ yrbs/pdf/2015/ss6506_updated.pdf. Blake. 2014. SAMHSA’s Concept Amnesty-International-USA-Family- of Trauma and Guidance for Congressional Research Service. Separation-2.0_May-21–2020-.pdf). a Trauma-Informed Approach. 2020. Juvenile Justice Funding Trends. Rockville, MD: Substance Amnesty International. 2020b. Retrieved February 1, 2020 (https://fas. Abuse and Mental Health “USA: We are Adrift, About to Sink. org/sgp/crs/misc/R44879.pdf). Administration. Retrieved The Looming COVID-19 Disaster in the Fishel, Sharon, Andrea Sanders, October 13, 2020 (https://ncsacw. United States Immigration Detention Heather Coulehan, Konrad Frank, samhsa.gov/userfiles/files/SAMHSA_ Facilities.” Retrieved August 27, 2020 Patrick Sidmore, Thomas Azzarella, Trauma.pdf). (www.amnesty.org/download/ Ann Rausch, Josh Arvidson, and Documents/AMR5120952020 Justice Policy Institute. 2013. “More Lori Grassgreen. 2019. Transforming ENGLISH.pdf). Police—In Schools and Out—Not the Schools: A Framework for Trauma- Answer.” Retrieved February 1, 2020 Engaged Practice in Alaska. Association (www.justicepolicy.org/news/4829). of Alaska School Boards. Retrieved October 13, 2020 (https://dps. alaska.gov/getmedia/a2fc763c- aba5-4b25-875e-b0f63c54c301/

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 28 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

Kataoka, Sheryl H., Pamela Vona, theres-only-one-country-hasnt- Rights Committee. Retrieved August Alejandra Acuna, Lisa Jaycox, Pia ratified-convention-childrens). 27, 2020 (https://omnibook.com/ Escudero, Claudia Rojas, Erica Ramirez, view/e0623280–5656–42f8–9edf- McCormick, Ethan M., Yang Qu, and Audra Langley, and Bradley D. Stein. 5872f8f08562/page/1). Eva H. Telzer. 2016. “Adolescent 2018. “Applying a Trauma Informed neurodevelopment of cognitive control Office of Juvenile Justice and School Systems Approach: Examples and risk-taking in negative family Delinquency Prevention. 2020. OJJDP from School Community-Academic contexts.” NeuroImage, 124(A):989–996. Statistical Briefing Book. Retrieved Partnerships.” Ethnicity & Disease https://doi.org/10.1016/j. September 14, 2020 (www.ojjdp. 28(Suppl 2):417–426. https://doi. neuroimage.2015.09.063. gov/ojstatbb/corrections/qa08205. org/10.18865/ed.28.S2.417. asp?qaDate=2017). Moore, E., Philippe, C.D., West, K.J., Mauer, M. 2017. “Incarceration rates in Campbell, A.T., and Grubb, L.K. Pavelka, Sandra. 2016. “Restorative an international perspective.” Oxford 2016. “International Youth Justice Justice in the States: An Analysis Research encyclopedia, Criminology Systems: Promoting Youth of Statutory Legislation and Policy.” and Criminal Justice. Retrieved Development and Alternative Justice Policy Journal 2(13):6–8. August 19, 2019 (http://oxfordre. Approaches: A Position Paper of Retrieved November 18, 2020 com/criminology/view/10.1093/ the Society for Adolescent Health (www.cjcj.org/uploads/cjcj/ acrefore/9780190264079.001.0001/ and Medicine.” Journal of Adolescent documents/jpj_restorative_ acrefore-9780190264079-e- Health, 59(4): 482–486. https://doi. justice_in_the_states.pdf). 233?print=pdf). org/10.1016/j.jadohealth.2016.08.003. Petteruti, A. 2011. “Education under Mazza, Julie Rachel, Jean Lambert, Nance, J. P. 2017. “Student Surveillance, arrest”: The case against police in Maria Victoria Zunzunegui, Richard E. Racial Inequalities, and Implicit schools. Washington, DC: Justice Policy Tremblay, Michel Boivin, and Sylvana M. Racial Bias.” University of Florida Institute. Retrieved February 1, 2020 Côté. 2017. “Early adolescence behavior Levin College of Law Research Paper (www.justicepolicy.org/research/ problems and timing of poverty during No. 16–30. Retrieved February 1, 2020 3177?utm_source=%2fEducation childhood: A comparison of lifecourse (https://papers.ssrn.com/sol3/papers. UnderArrest&utm_medium=web& models.” Social Science & Medicine cfm?abstract_id=2830885). utm_campaign=redirect). 177:35–42. https://doi.org/10.1016/ jsocscimed.2017.01.039. National Institute of Justice. 2020. Pew Research Center. 2016. Crime Solutions Database. Washington, On Views of Race and Inequality, Mehta, Sarah. 2015. “There’s Only DC: US Department of Justice. Blacks and Whites Are Worlds Apart. One Country That Hasn’t Ratified Retrieved December 4, 2020 Washington, DC: Pew Research the Convention on Children’s Rights: (https://crimesolutions.ojp.gov) Center. Retrieved October 22, 2020 US.” American Civil Liberties Union. (www.pewsocialtrends.org/ Retrieved September 14, 2020 Nowak, Manfred. 2019. United Nations 2016/06/27/1-demographic-trends- (www.aclu.org/blog/human- Global Study on Children Deprived and-economic-well-being). rights/treaty-ratification/ of Liberty. United Nations Human

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 29 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

Roche, Declan. 2002. “Restorative Schiraldi, Vincent. 2020. “Can we Spear, Linda Patia. 2013. “Adolescent Justice and the Regulatory State in eliminate the youth prison? (and Neurodevelopment.” Journal of South African Townships.” The British what should we replace it with?)” Adolescent Health, 52(2, Suppl 2): Journal of Criminology 42(3):514–533. Square One Project Executive Session S7-S13. https://dx.doi.org/10.1016%2Fj. on the Future of Justice Policy. jadohealth.2012.05.006. Reyna, V. F., & Farley, F. 2006. Retrieved October 22, 2020 “Risk and rationality in adolescent Souverein, Fleur, Tycho Dekkers, Elena (https://squareonejustice.org/paper/ decision making: Implications Bulanovaite, Theo Doreleijers, Heidi can-we-eliminate-the-youth-prison- for theory, practice, and public Hales, Riittakerttu Kaltiala-Heino, and-what-should-we-replace-it-with- policy.” Psychological Science in the Aurelio Oddo, Arne Popma, Nora by-vincent-schiraldi-june-2020). Public Interest 7:1–44. https://doi. Raschle, Klaus Schmeck, Marco Zanoli, org/10.1111/j.1529-1006.2006.00026.x. Skinner-Osei, Precious, Laura Mangan, and Thimo van der Pol. 2019. “Overview Mara Liggett, Michelle Kerrigan, and of European forensic youth care: Rovner, J. 2016. Racial Disparities Jill S. Levenson. 2019. “Justice- towards an integrative mission for in Youth Commitments and Arrests. Involved Youth and Trauma-Informed prevention and intervention strategies Washington, DC: The Sentencing Interventions.” Justice Policy Journal for juvenile offenders.” Child Adolescent Project. Retrieved February 1, 2020 16(2):1–25. Retrieved February 1, 2020 Psychiatry and Mental Health 13(6). (www.sentencingproject.org/ (www.cjcj.org/uploads/cjcj/documents/ doi:/10.1186/s13034–019–0265–4. publications/racial-disparities-in- justice-involved_youth_and_trauma- youth-commitments-and-arrests). Steinberg, Laurence. 2007. “Risk informed_interventions.pdf). Taking in Adolescence: New Sawyer, Wendy. 2019. Youth Smith, Edward J., and Shaun R. Perspectives From Brain and Confinement: The Whole Pie. Harper. 2015. Disproportionate Behavioral Science.” Current Directions Northampton, MA: The Prison Policy impact of K-12 school suspension and in Psychological Science 16(2):55–59. Initiative. Retrieved February 1, 2020 expulsion on Black students in southern https://doi.org/10.1111/j.1467– (www.prisonpolicy.org/reports/ states. Philadelphia, Pennsylvania: 8721.2007.00475.x. youth2018.html). University of Pennsylvania Center The Annie E. Casey Foundation. 2019. Saxon, Shani. 2019. “US Has World’s for the Study of Race and Equity in “Child population by race in the United Highest Child Incarceration Rates.” Education. Retrieved February 1, 2020 States.” Retrieved September 14, 2020 Colorlines. Retrieved August 27, (https://web-app.usc.edu/web/rossier/ (https://datacenter.kidscount.org/ 2020 (www.colorlines.com/articles/ publications/231/Smith%20and%20 data/tables/103-child-population-by- us-has-worlds-highest-child- Harper%20(2015)-573.pdf). race#detailed/1/any/false/871,870,573, incarceration-rates). 869,36,868,867,133,38,35/68,69,67,12, 70,66,71,72/423,424).

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 30 LEARNED HELPLESSNESS, CRIMINALIZATION, AND VICTIMIZATION IN VULNERABLE YOUTH

Trejos-Castillo, Elizabeth, and Nancy Office for Civil Rights. 2014. World Prison Brief. 2019. “World Trevino-Schafer, Eds. 2018. Handbook 2013–2014 Civil Rights Data Collection: Prison Population Total.” Retrieved of Foster Youth. New York: Routledge, Data Snapshot (School Discipline). February 1, 2020. (www.prisonstudies. Taylor & Francis Group. US Department of Education. org/highest-to-lowest/prison- Retrieved February 1, 2020 population-total?field_region_ Underwood, Lee. A., and Aryssa (www2.ed.gov/about/offices/list/ocr/ taxonomy_tid=All). Washington. 2016. Mental docs/crdc-discipline-snapshot.pdf). Illness and Juvenile Offenders. Young, Susan, Ben Greer, and Richard International Journal of Environmental US Department of Justice. 2013. Church. 2017. “Juvenile delinquency, Research and Public Health 13(2): Sexual Victimization in Juvenile welfare, justice and therapeutic 228–242. https://doi.org/10.1192/ Facilities Reported by Youth 2012. interventions: a global perspective.” pb.bp.115.052274 10.3390/ Bureau of Justice Statistics: Office BJPsych Bulletin 41(1):21–29. ijerph13020228. of Justice Programs. Retrieved https://doi.org/10.1192/ February 1, 2020 (www.bjs.gov/ pb.bp.115.052274. UNICEF. 1990. “The Convention content/pub/pdf/svjfry12.pdf). on The Rights of The Child.” Zehr, Howard, and Harry Mika. 1998. Retrieved February 1, 2020 Williams, R. 2017. Safe Harbor: “Fundamental Concepts of Restorative (www.unicef.org/philippines/ State Efforts to Combat Child Justice.” Contemporary Justice ConventionontheRightsoftheChild.pdf). Trafficking.National Conference Review 1(1):47–56. of State Legislatures. Retrieved United Nations Human Rights Office February 1, 2020 (www.ncsl. of the Commissioner. “Convention org/Portals/1/Documents/cj/ on the Rights of the Child.” Retrieved SafeHarbor_v06.pdf). August 27, 2020 (www.ohchr.org/en/ professionalinterest/pages/crc.aspx).

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 31 CAN WE ELIMINATE THE YOUTH PRISON? (AND WHAT SHOULD WE REPLACE IT WITH?)

ACKNOWLEDGEMENTS AUTHOR NOTES

The authors would like to thank Elizabeth Trejos-Castillo is the Executive Session colleagues C.R. Hutcheson Professor in Human Vincent Schiraldi, Nneka Jones Tapia, Development & Family Sciences Lynda Zeller, and Katharine Huffman, at Texas Tech University. as well as Vidhya Ananthakrishnan, Evangeline Lopoo is a Project Director of Youth Justice Initiatives Coordinator for the Square One Project at the Justice Lab, for their feedback and Research Assistant at the Columbia on earlier drafts of this paper. University Justice Lab.

Anamika Dwivedi, a former high-school teacher, is the manager of the Executive Session on the Future of Justice Policy for the Square One Project, housed at the Columbia University Justice Lab.

designbysoapbox.com

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 32 CAN WE ELIMINATE THE YOUTH PRISON? (AND WHAT SHOULD WE REPLACE IT WITH?)

MEMBERS OF THE EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY

Abbey Stamp | Executive Director, Greisa Martinez Rosas | Deputy Nneka Jones Tapia | Inaugural Leader Multnomah County Local Public Safety Executive Director, United We Dream in Residence, Chicago Beyond Coordinating Council Jeremy Travis | Co-Founder, Square Pat Sharkey | Professor of Sociology Amanda Alexander | Founding One Project; Executive Vice President and Public Affairs, Princeton University Executive Director, Detroit Justice of Criminal Justice, Arnold Ventures; Robert Rooks | Vice President, Alliance Center & Senior Research Scholar, President Emeritus, John Jay College for Safety and Justice & Associate University of Michigan School of Law of Criminal Justice Director, Californians for Safety Arthur Rizer | Director of Criminal Katharine Huffman | Executive and Justice Justice and Civil Liberties, Director, Square One Project, Justice Sylvia Moir | Chief of Police, R Street Institute Lab, Columbia University; Founding Tempe, Arizona Principal, The Raben Group Bruce Western | Co-Founder, Square Thomas Harvey | Director, Justice One Project; Co-Director, Justice Kevin Thom | Sheriff, Pennington Project, Advancement Project Lab and Professor of Sociology, County, South Dakota Columbia University Tracey Meares | Walton Hale Hamilton Kris Steele | Executive Director, TEEM Professor, Yale Law School & Founding Danielle Sered | Executive Director, Laurie Garduque | Director, Director, The Justice Collaboratory Common Justice Criminal Justice, John D. and Vikrant Reddy | Senior Fellow, Charles Daryl Atkinson | Founder and Catherine T. MacArthur Foundation Koch Institute Co-Director, Forward Justice Lynda Zeller | Senior Fellow Vincent Schiraldi | Senior Research Elizabeth Glazer | Director, New York Behavioral Health, Michigan Scientist, Columbia University School City’s Mayor’s Office of Criminal Justice Health Endowment Fund of Social Work & Co-Director, Justice Elizabeth Trejos-Castillo | Matthew Desmond | Professor Lab, Columbia University C. R. Hutcheson Endowed Professor, of Sociology, Princeton University Vivian Nixon | Executive Director, Human Development & Family & Founder, The Eviction Lab College and Community Fellowship Sciences, Texas Tech University Melissa Nelson | State Attorney, Elizabeth Trosch | District Court Judge, Florida’s 4th Judicial Circuit 26th Judicial District of North Carolina Nancy Gertner | Professor, Harvard Law Emily Wang | Associate Professor School & Retired Senior Judge, United of Medicine, Yale School of Medicine; States District Court for the District Director, Health Justice Lab & of Massachusetts Co-Founder, Transitions Clinic Network

EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY The Executive Session on the Future of Justice Policy, part of the Square One Project, brings together researchers, practitioners, policy makers, advocates, and community representatives to generate and cultivate new ideas.

The group meets in an off-the-record setting twice a year to examine research, discuss new concepts, and refine proposals from group members. The Session publishes a paper series intended to catalyze thinking and propose policies to reduce incarceration and develop new responses to violence and the other social problems that can emerge under conditions of poverty and racial inequality. By bringing together diverse perspectives, the Executive Session tests and pushes its participants to challenge their own thinking and consider new options.