Leveraging Collaborative Partnerships to Protect the Human Rights of Children Involved in the United States' Juvenile Justice System

Leveraging Collaborative Partnerships to Protect the Human Rights of Children Involved in the United States' Juvenile Justice System Melissa Coretz Goemann, JD and Mikah Owen, MD, MPH, MBA Keywords Policy, youth justice, collaborative research, legislative advocacy, juvenile legal system, minimum age In 2019, United States' courts with juvenile justice jurisdiction handled more than 720,000 youth delinquency cases.1 Research demonstrates that children and adolescents involved with the legal system often have complex and unmet social, developmental, legal, medical, and mental health needs.2 Given the unique needs of justice-involved youth, it is imperative that the United States treat children in a developmentally appropriate way and promote and protect the human rights of justice-involved youth. The core elements of a justice system that would protect children's human rights are outlined in a series of international guidelines, laws, and treaties that establish minimum standards for treatment of children in conflict with the law. Unfortunately, when it comes to protecting the human rights of children involved with the justice system, the United States routinely fails to meet international standards. In this issue of Progress in Community Health Partnerships: Research Education and Action, Drs. Elizabeth Barnert and Laura Abrams highlight one way in which the United States systematically fails to protect the human rights of children involved with the justice system. As described in their article, international standards and norms establish the minimum age of criminal responsibility at no younger than ages 12 to 14 years. Despite these international standards, the United States lacks federal protection from prosecution for children under 12 years of age. Furthermore, many U.S. states also lack a minimum age of criminal responsibility for children. The lack of federal and state protections can have devastating effects on children and families. Whether it is the arrest of a 6-year-old in Florida for throwing a temper tantrum in school3 or officers handcuffing and pepper spraying a 9-year-old in New York for a family disturbance call,4 news headlines and child narratives reveal the traumatic impact that arrest, prosecution, and incarceration can have on young children and their families. In addition to news headlines and firsthand accounts from children, scientific evidence confirms that courtrooms and detention facilities are no place for young children. Over the last two decades, advances in neuroscience and neuroimaging show the brain undergoes numerous structural and functional changes throughout childhood and the process of brain maturation is not complete until at least 26. Furthermore, research shows that the brain develops in stages, culminating in the maturation of the prefrontal cortex. The prefrontal cortex, sometimes referred to as the 'control center of the brain,' is the area of the brain responsible for a variety of executive functions, including decision making, impulse control and emotional regulation.5 [End Page 545] The developmental immaturity of the prefrontal cortex underscores that young children do not have the cognitive ability to fully understand the moral and legal implications of their actions and may lack the capacity or competency to stand trial.6 Numerous legal experts and social scientists have also expressed significant concerns about a young child's competency to understand and exercise their legal rights, to meaningfully participate in their own defense, or to understand what happens procedurally in court.7 Given their developmental immaturity, it is not surprising that involvement with the justice system can be detrimental to the well-being and developmental trajectory of young children. Research shows early contact with the juvenile justice system increases the likelihood of future system involvement … Detention at a young age is associated with poor adult health outcomes across physical and mental health domains. Juvenile justice involvement may also interrupt health development, serve as a traumatic experience for youth already at heightened risk for exposure to trauma, and subject young children to victimization and abuse.5 The United States' failure to shield young children from involvement with the justice system represents a systemic failure to protect the basic human rights of marginalized children within our society. This failure is exacerbated by the fact that Black, Brown, Indigenous, disabled, and LGBTQIA+ children have been disproportionately criminalized for decades with significant disparities at virtually every decision point...