Incarcerating waived juveniles in adult correctional facilities does not reduce crime or result in increased public safety; incarcerating juveniles with adults is deleterious to both the individual offender and society. This Note argues for a renewed focus on rehabilitative rather than retributive justice, and in so doing, proposes the implementation of a comprehensive continuum of graduated sanctions that includes networks of small, secure, highly structured maximum-security juvenile facilities, wilderness camps, residential and non-residential community-based programs, restitution, and fines. This Note further advocates for the incorporation of extensive education, vocational training and placement, counseling, treatment, supervision, mentoring, transitional, aftercare, and support services. By providing the appropriate services in the appropriate setting, youthful offenders can be rehabilitated while simultaneously being held accountable for their actions; recidivism will be reduced and both society and the youth will be better served.
Ellie D. Shefi,
Waiving Goodbye: Incarcerating Waived Juveniles in Adult Correctional Facilities Will Not Reduce Crime,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol36/iss3/6