Juvenile Detention Reform in the United States: From a Punitive Measure to Helping Youth

Abstract

Historically, American juvenile justice has been defined by rehabilitative functions that aim to serve the treatment needs of youth. However, in recent years, juvenile justice practices have come in line with the Crime Control Era that has denied adult criminal justice. Juvenile detention, which is the physical holding of youth in secure settings prior to juvenile court hearings, is an example of a juvenile justice entity that is reflective of the Crime Control Era and its punitive nature. The present commentary seeks to understand how detention, as currently defined, supports a punitive ideology within the system of juvenile justice. The history of juvenile justice in the United States is traced, and the Rehabilitative Ideal as a philosophy for the system to follow is questioned. Secure detention as a policy is utilized as an example of the shift to punitive juvenile justice practice in the past 30 years. Furthermore, attention is given to the reform of secure detention, and how such reform can help juvenile justice recapture elements of a rehabilitative focus.