Critical Thinking Paper

Isabelle Megosh

Red Group

May 7, 2018
 There are 10,000 juveniles currently incarcerated in an adult prison and close to 200,000

juveniles in the adult criminal justice system (Lahey). Many of these juveniles are tried for

non-violent crimes (Lahey). Upon entering adult jail, juveniles lose access to emotional and

educational services that are necessary for their rehabilitation, and they face high rates of sexual

abuse, violence, and suicide. Along with other factors, these circumstances raise the rates of

recidivism for juveniles incarcerated as adults compared to juveniles in juvenile detention

centers. Congress and state legislators must pass a law banning the waiver to adult court for any

juvenile under the age of 18 because by being tried as an adult and sentenced to adult prison,

juveniles lose the psychological and educational services provided by juvenile detention centers,

are more likely to experience sexual abuse, violence, and suicide, and once released, are less

likely to maintain a stable job and wage and more likely to become a recidivist.

When juveniles are sentenced as adults, they lose the benefit of emotional and

psychological services that are provided to them in juvenile detention centers. In adult prison,

emotional services are not adjusted for its youth population (Daugherty). These services are

sorely needed because in adult prisons, “​as many as two-thirds of the [juvenile] male detainees

and three-quarters of [juvenile] women detainees meet the criteria for one or more psychiatric

disorders” (The Editorial Board of the New York Times). ​According to the Campaign for Youth

Justice, “few jurisdictions have enacted safeguards to protect [juveniles’] physical, mental and

emotional health” (Daugherty). Juveniles, unlike adults, have less control over their mental

illnesses (​“Children in Prison”​). Juveniles’ disabilities, anxieties, and trauma cause them to act

impulsively and carelessly, leading to punishment that further worsens the juvenile’s mental

condition (​“Children in Prison”​). In many adult prisons, juveniles are kept separate from adults
for safety reasons; however, this separation often results in solitary confinement. As defined by

Cornell Law School, solitary confinement is “​the placement of a prisoner in a cell away from

other prisoners, usually as a form of internal discipline, but occasionally to protect the convict

from other prisoners or to prevent the prisoner from causing trouble” (Cornell Law School).

Solitary confinement causes or worsens mental disorders in juveniles and can lead to anxiety,

rage, and insomnia (Daugherty). As a result of mental strain, juveniles who have been in solitary

confinement report physically harming themselves, having suicidal thoughts, and attempting

suicide (Daugherty).

Adult prisons also do not provide adequate educational services for juveniles. ​Federal and

state laws give the right of education to juveniles in correctional facilities; however, this right is

not granted to juveniles in adult prisons (Curley). According to a 2005 survey, 40% of adult

prisons lacked any form of educational services (Curley). These educational services are

absolutely necessary for incarcerated juveniles because the “barriers to educational and

occupational achievement accumulate over time… thus increasing the likelihood of recidivism”

(Carlson and Maike). Upon analyzing data, researchers from the Washington State Institute for

Public Policy determined that statistically, educational programs reduced recidivism the most

(Carlson and Maike). The lack of educational services provided to imprisoned juveniles does not

aid their rehabilitation or help them transition to adulthood; instead, it increases the chance that

they will be incarcerated again.

Juveniles imprisoned in adult courts are more subject to sexual abuse and violence than

juveniles in juvenile detention centers. Research by the National Prison Rape Elimination

Committee shows that because juveniles are not able to cope with the environment created by the
adult inmates in jail, they are at a greater risk for experiencing sexual abuse (National Prison

Rape Elimination Commission Report). The experience of ​T.J. Parsell, a human rights activist,

shows this risk. He was incarcerated as an adult at the age of 17 and experienced violence and

sexual abuse upon entering adult prison. While in prison, he was “drugged, gang raped and

turned into sexual chattel” (Parsell). ​The National Prison Rape Elimination Commission bluntly

states, ​“More than any other group of incarcerated persons, youth incarcerated with adults are

probably at the highest risk of sexual abuse” (qtd. in Lahey). ​According to the Campaign for

Youth Justice, 75.5% of incarcerated juveniles ages 16 to 17 that reported sexual abuse were

abused more than once by staff, and 65.5% were abused more than once by inmates (Daugherty).

Yet less than 1 in 10 of these juveniles reported the abuse (​Daugherty)​. Moreover, 79% of those

who reported abuse also experienced physical force or a threat of force (​Daugherty). The trauma

from sexual abuse can lead to serious mental illnesses, such as depression or anxiety, and

medical conditions, such as cardiovascular disease, ulcers, and a weakened immune system

(National Prison Rape Elimination Commission Report). Adult prisons are not able to

competently protect the incarcerated juveniles from sexual abuse.

Incarcerated juveniles are often driven to suicide because of the mental and physical

strain caused by sexual and physical abuse. Linda Bruntmyer, whose son was incarcerated as an

adult at the age of 17, testified on Capitol Hill with Parsell. In her testimony, she detailed how

her son hung himself after he was raped in prison (Parsell). Between 2001 and 2011, suicide was

the leading cause of death for state prisoners under the age of 17, and a juvenile was 36 times

more likely to commit suicide if that youth was incarcerated with adults (Daugherty; “Children

in Prison”). While law enforcement officials argue that placing a juvenile in adult prison for a
short period does not harm the juvenile, of the 48% of suicides that occurred in the first week in

prison, 14% occurred on the first day, and 9% occurred on the following day (The Editorial

Board for the New York Times). Juveniles must not be incarcerated with adults because they

become drastically more likely to harm themselves or commit suicide.

Compared to juveniles in detention centers, juveniles imprisoned with adults have a

higher recidivism rate, proving that the criminal justice system isn’t rehabilitating juveniles

incarcerated with adults. As seen in the statistics from 15 states, juveniles tried as adults and

imprisoned with adults were rearrested 82% of the time (Scialabba). According to the American

Bar Association, studies show “t​hat there was greater overall recidivism for juveniles prosecuted

in adult court than juveniles whose crimes ‘matched’ in juvenile court” (Scialabba). In a study

done in Florida, researchers found that juveniles in the adult system had 34% more felony

rearrests than juveniles incarcerated in juvenile detention centers, although “the youths had

equivalent criminal records” (Pierre).

These high rates of recidivism are attributed to the lack of service targeted towards

rehabilitating juveniles (Scialabba). Juveniles are placed in environments where adult criminals

become their only role models, and they are exposed to more violence, which results in

emotional, behavioral, social, and academic problems (Scialabba; Daugherty). Even if juveniles

do not return to jail, they still face harsh consequences post-incarceration. While applying for

jobs, depending on state laws, juveniles who were tried as adults have to report their conviction

(Young and Gainsborough). This makes it harder for a juvenile to reenter society and stay out of

prison.
 Juveniles must not be tried as adults because what they will face in adult prison is

unacceptable. Psychological and emotional services in adult prisons are not tailored towards

teens, which causes mental conditions to deteriorate in prison. There is a lack of educational

services targeted towards juveniles, leading to higher rates of rearrests and making it difficult for

the juvenile to transition back into society. Juveniles are at a higher risk for sexual abuse,

violence, and suicide in adult prison because of their vulnerability. These factors lead to high

recidivism rates for juveniles in adult prison. As Jessica Lahey, a writer for ​The Atlantic​,

explains, “Society is essentially setting them up to fail” (Lahey). Society can, and should, do

better than that.

 Works Cited

Carlson, Katherine, and Michelle Maike. ​Educating Juveniles in Adult Jails: A Program Guide​.

Office of Superintendent of Public Instruction. ​National Juvenile Justice Network​,

www.njjn.org/uploads/digital-library/Educating-Juveniles-in-Adult-Jails-Washington-Pro

gram-Guide-7.10.pdf. Accessed 13 Mar. 2018.

"Children in Prison." ​Equal Justice Initiative​, eji.org/children-prison/underage-prosecution.

Cornell Law School. "Solitary Confinement." ​Cornell Law School​,

www.law.cornell.edu/wex/solitary_confinement. Accessed 13 Mar. 2018.

Curley, Caitlin. "Juveniles Tried as Adults: What Happens When Children Go to Prison."

GenFKD​, 11 Nov. 2016,

www.genfkd.org/juveniles-tried-adults-happens-children-go-prison. Accessed 13 Mar.

2018.

Daugherty, Carmen. "Zero Tolerance: How States Comply with PERA's Youthful Inmate

Standard." ​Campaign for Youth Justice​, cfyj.org/images/pdf/Zero_Tolerance_Report.pdf.

Accessed 13 Mar. 2018.

The Editorial Board of the New York Times. "Throwing Away Young People: Prison Suicide."

The New York Times​, 21 Nov. 2007,

theboard.blogs.nytimes.com/2007/11/21/throwing-away-young-people-prison-suicide/.

Accessed 13 Mar. 2018.

Lahey, Jessica. "The Steep Costs of Keeping Juveniles in Adult Prisons." ​The Atlantic​, 8 Jan.

2016,
 www.theatlantic.com/education/archive/2016/01/the-cost-of-keeping-juveniles-in-adult-p

risons/423201/. Accessed 13 Mar. 2018.

National Prison Rape Elimination Commission Report​. ​National Criminal Justice Reference

Service​, www.ncjrs.gov/pdffiles1/226680.pdf. Accessed 13 Mar. 2018.

Parsell, T.J. "In Prison, Teenagers Become Prey." ​The New York Times​, 5 June 2012,

www.nytimes.com/roomfordebate/2012/06/05/when-to-punish-a-young-offender-and-wh

en-to-rehabilitate/in-prison-teenagers-become-prey.

Pierre, Robert. "Adult System Worsens Juvenile Recidivism, Report Says." ​The Washington

Post​,

www.washingtonpost.com/wp-dyn/content/article/2007/11/29/AR2007112901936.html.

Accessed 13 Mar. 2018.

Scialabba, Nicole. "Should Juveniles Be Charged as Adults in the Criminal Justice System?"

American Bar Association​, 3 Oct. 2016,

www.americanbar.org/groups/litigation/committees/childrens-rights/articles/2016/should-

juveniles-be-charged-as-adults.html. Accessed 13 Mar. 2018.

Young, Malcolm, and Jenni Gainsborough. ​Prosecuting Juveniles in Adult Court: An Assessment

of Trends and Consequences​. 2000. ​Prison Policy Initiative​,

www.prisonpolicy.org/scans/sp/juvenile.pdf.
 Annotated Bibliography

Carlson, Katherine, and Michelle Maike. ​Educating Juveniles in Adult Jails: A Program Guide​.

Office of Superintendent of Public Instruction. ​National Juvenile Justice Network​,

www.njjn.org/uploads/digital-library/Educating-Juveniles-in-Adult-Jails-Washington-Pro

gram-Guide-7.10.pdf. Accessed 13 Mar. 2018. This is a report released to educate the

public on the lack of education resources juveniles have access to in adult prison. It

provides the history of education laws for juveniles, analyzes the current situation, and

proposes solutions.

"Children in Prison." ​Equal Justice Initiative​, eji.org/children-prison/underage-prosecution. This

source was released by a program that is dedicated to informing the public about the

horrors of underage prosecution. It provides statistics, facts, images and compelling

stories to inform the audience.

Cornell Law School. "Solitary Confinement." ​Cornell Law School​,

www.law.cornell.edu/wex/solitary_confinement. Accessed 13 Mar. 2018. This source

provides the legal definition of “solitary confinement.”

Curley, Caitlin. "Juveniles Tried as Adults: What Happens When Children Go to Prison."

GenFKD​, 11 Nov. 2016,

www.genfkd.org/juveniles-tried-adults-happens-children-go-prison. Accessed 13 Mar.

2018. This source analyzes the topic of juveniles in adult prison and argues as to why

juveniles should not be tried as adults. The arguments are supported by statistics, quotes,

and references to reports.

Daugherty, Carmen. "Zero Tolerance: How States Comply with PERA's Youthful Inmate

Standard." ​Campaign for Youth Justice​, cfyj.org/images/pdf/Zero_Tolerance_Report.pdf.

Accessed 13 Mar. 2018. This source discusses how juveniles are treated in adult prison

and what resources they are lacking because they are in adult prison. The sources uses

data, statistics, quotes, and testimonies to argue why juveniles should not be tried as

adults.

The Editorial Board of the New York Times. "Throwing Away Young People: Prison Suicide."

The New York Times​, 21 Nov. 2007,

theboard.blogs.nytimes.com/2007/11/21/throwing-away-young-people-prison-suicide/.

Accessed 13 Mar. 2018. This source provided statistics and facts on the suicide rates for

juveniles in prison. The source provides a counter-argument and explains why that

argument is invalid.

Estudillo, Mary. "Juveniles Should Be Tried as Adults in Certain Circumstances. “​Gale: A

Cengage Company​, 2008, bit.ly/2cVwfzE. This source proposes a counter argument and

supports why juveniles should be tried as adults under under certain circumstances. The

article uses statistics and logical reasoning to support its arguments.

Khan, Huma. "Juvenile Justice: Too Young for Life in Prison?" ​ABC News​, 12 July 2010,

abcnews.go.com/Politics/life-prison-juvenile-offenders-adult-courts/story?id=11129594.

This source discusses the topic of trying juveniles as criminals by looking at it through

specific cases. The source explains why juveniles can be tried as adults and what factors

influence that decision.

Lahey, Jessica. "The Steep Costs of Keeping Juveniles in Adult Prisons." ​The Atlantic​, 8 Jan.

2016,

www.theatlantic.com/education/archive/2016/01/the-cost-of-keeping-juveniles-in-adult-p

risons/423201/. Accessed 13 Mar. 2018. This source provides strong insights on why

juveniles should not be incarcerated as adults. It provides stories of real juveniles,

statistics, and quotes from organizations dedicated to this problem.

National Prison Rape Elimination Commission Report​. ​National Criminal Justice Reference

Service​, www.ncjrs.gov/pdffiles1/226680.pdf. Accessed 13 Mar. 2018. This source is a

report written by the National Prison Rape Elimination Commission about sexual abuse

occurring in prison. The source provides data for both juveniles and adults as well as

touching on why many prisoners experience sexual abuse.

Parsell, T.J. "In Prison, Teenagers Become Prey." ​The New York Times​, 5 June 2012,

www.nytimes.com/roomfordebate/2012/06/05/when-to-punish-a-young-offender-and-wh

en-to-rehabilitate/in-prison-teenagers-become-prey. This source provides a personal

testimony on someone’s experience with sexual abuse in prison. The source also talks

about a mother whose son experienced similar trauma and how he handled it.

Pierre, Robert. "Adult System Worsens Juvenile Recidivism, Report Says." ​The Washington

Post​,

www.washingtonpost.com/wp-dyn/content/article/2007/11/29/AR2007112901936.html.

Accessed 13 Mar. 2018. This source discusses the high rates for recidivism for juveniles

in adult courts. It considers what reasons may cause these high rates.
Scialabba, Nicole. "Should Juveniles Be Charged as Adults in the Criminal Justice System?"

American Bar Association​, 3 Oct. 2016,

www.americanbar.org/groups/litigation/committees/childrens-rights/articles/2016/should-

juveniles-be-charged-as-adults.html. Accessed 13 Mar. 2018. This source provides the

history of juvenile crime and its evolution. It defined key terms and concepts and debated

whether juveniles should be tried as adults.

United States, 108th Congress. Prison Rape Elimination Act of 2003. ​Code of Federal

Regulations​, vol. ​Office of Juvenile Justice and Delinquency Prevention​,

www.ojjdp.gov/about/PubLNo108-79.txt. Passed in 2003, this act’s goal was to eliminate

the risk of prison rape. It reviews the problem of sexual abuse in prison and discusses

how the government plans to fix it.

Young, Malcolm, and Jenni Gainsborough. ​Prosecuting Juveniles in Adult Court: An Assessment

of Trends and Consequences​. 2000. ​Prison Policy Initiative​,

www.prisonpolicy.org/scans/sp/juvenile.pdf. This source talked about trends in the

juvenile justice system and what legislative measures were being taken to fix the issues.

The source also covered juveniles’ experience in adult prison versus their experience in

juvenile detention centers.