Balko highlights a report on “status offenses”:
The Texas Public Policy Foundation (TPPF) has an interesting report out on the detainment and incarceration of juveniles for “status offenses,” or offenses that wouldn’t be crimes if the juveniles were adults. (TPPF is a right-leaning think tank that has been pushing conservatives to embrace criminal justice reform.)
Status offenses could include things like truancy, curfew violations, or vaguer offenses such as “incorrigibility.” These offenses don’t directly harm anyone. Instead, they’re generally discouraged because they’re believed to lead to criminal behavior. But treating them as criminal conduct has costs, both economic costs, and the risk that introducing a kid to the “system” can inflict irreversible harm.
A key part of the report:
Incarcerating or otherwise removing these youth from their homes increases the likelihood that they will be converted from today’s status offenders to tomorrow’s serious offenders, instead of being shepherded toward productive lives as young adults.
Among other things, research shows that status offenders, as a result of being exposed to seriously delinquent youth in close quarters, are in jeopardy of developing the more deviant attitudes and behaviors of higher-risk youth, such as anti-social perspectives and gang affiliation. While many of the causes underlying a status offenders’ behavior and the effects of incarceration has on their futures are also common to more serious offenders, the stakes are obviously higher for status offenders who have not committed property or person offenses and may be less likely to have previously been associated with seriously delinquent peers. In addition, the confinement of status offenders is expected to increase barriers to reentry into community, home, and school settings, and increase the likelihood that they will be rearrested, re-adjudicated, and re-incarcerated.
In short, there are very compelling reasons to avoid confinement of status offenders. The punishment fails to fit the “crime” since status offenses are simply behaviors that would be legal if committed by adult; alternative approaches are more effective and far less costly; and, as described in the previous paragraph, the futures of these youth would not be jeopardized by the negative impacts of exposure to serious offenders during placement.
The Dish 