NCJ Number
60279
Date Published
1979
Length
7 pages
Annotation
THE CONFINEMENT OF PERSONS UNDER 18 YEARS OF AGE IN ADULT JAILS IS DISCUSSED, EMPHASIZING HARMFUL EFFECTS, ALTERNATIVES TO JAIL, AND SIGNIFICANT COURT RULINGS.
Abstract
DESPITE WIDESPREAD DISAPPROVAL OF JAILING CHILDREN, EACH YEAR UP TO 500,000 ARE PROCESSED THROUGH LOCAL JAILS IN THE UNITED STATES. AS OF 1977, ALL BUT FOUR STATES ALLOWED THE PLACEMENT OF JUVENILES IN ADULT JAILS UNDER SOME CIRCUMSTANCES. A STUDY CONDUCTED BY THE CHILDREN'S DEFENSE FUND FOUND THAT ONLY 11.7 PERCENT OF THE CHILDREN HOUSED IN THE 449 JAILS SURVEYED WERE CHARGED WITH A SERIOUS OFFENSE; THE REMAINING 88.3 PERCENT WERE CHARGED WITH A PROPERTY OFFENSE, A MINOR OFFENSE, OR NO OFFENSE. THE FINDINGS LED THE FUND TO RECOMMEND THE PASSAGE OF STATE LEGISLATION PROHIBITING THE ADMISSION OR HOLDING OF CHILDREN IN AN ADULT JAIL. BECAUSE THE LONG-TERM IMPLICATIONS OF CONFINEMENT HAVE USUALLY BEEN NEGATIVE, OFTEN RESULTING IN SUICIDE, A FULL RANGE OF ALTERNATIVES TO INCARCERATION IS NEEDED, INCLUDING IMPROVED SERVICES FOR YOUTH IN THEIR HOMES, IMPROVED SCHOOL-RELATED SERVICES, CRISIS CENTERS, DIVERSION AND DIAGNOSTIC UNITS, TEMPORARY SHELTER CARE, AND COUNSELING SERVICES. SIGNIFICANT COURT RULINGS SUPPORT THE POSITION THAT JAILING OF YOUTH SHOULD BE ELIMINATED. FOR EXAMPLE, SWANSEY V. ELROD EXTENDED THE PROHIBITION AGAINST JAIL CONFINEMENT OF CHILDREN TO THOSE CHILDREN WHO HAVE BEEN TRANSFERRED TO THE ADULT CRIMINAL COURT FOR PROSECUTION AS ADULTS. BECAUSE SUCH CASES HAVE ONLY A LIMITED EFFECT, CONCERTED ACTION AT THE LOCAL, STATE, AND NATIONAL LEVEL IS IMPERATIVE IF THE JAILING OF CHILDREN IS TO BE ELIMINATED. FOOTNOTES AND A CHART ARE INCLUDED. (LWM)