Making Social Justice Nonnegotiable in Crime Prevention: Case Studies of Youth (In)Justice

Risks, families, and youth justice

Identifying the risk and protective factors that distinguish who will and will not engage in crime is the cornerstone of crime prevention programs (Piquero 2014). Although research has identified correlates of delinquency and future contact with the justice system (Farrington et al. 2017), no single set of factors leads to delinquency. Demographics, personality traits, family characteristics, peers, and community context, all, to varying degrees, influence delinquency. Guided by the risk-need-responsivity (RNR) model, juvenile risk assessments are commonly used to match youths’ cumulative risk with a sanction and their criminogenic needs with services and to adapt services to their strengths—and that of their community—for successful intervention (Bonta and Andrews 2007). With research indicating that most justice-involved youth have a low or moderate risk of reoffending, it stands to reason that juvenile courts should invest resources on high-risk populations and divert others from the system altogether (Cauffman et al. 2021).

Families play an integral role in crime prevention and the juvenile court system. Scholars have found that growing up in single-parent families increases the likelihood that their children will drop out of school, become teen parents, and engage in delinquent behavior (Kroese et al. 2021). For justice-involved youth, family characteristics, such as single-parent households, parental incarceration, and inconsistent discipline, are risks for reoffending. Not surprisingly, these same factors have been shown to produce more punitive outcomes for racial and ethnic youth (Goldman and Rodriguez 2022; Love and Morris 2019). Families are also instrumental to the functioning of juvenile courts, given the court’s reliance on parents to oversee the treatment and supervision of youth. For single-parent families, this reliance can be particularly problematic because they are perceived as a source of youth delinquency (i.e., a risk) and thus facilitators of crime and reoffending (Anderson et al. 2023).

Culturally informed youth treatment

Cognitive behavioral therapy, family therapy, and skill-building are the prevailing evidence-based treatments for delinquent youth. Yet, because risk factors are distributed unevenly across the population (due to underlying economic, political, and legal systems), one-size-fits-all case treatment plans are ineffective in addressing at-risk youth. As such, treatment programs have been criticized for not being culturally sensitive and not targeting the risks and needs of diverse youth and families. Although some efforts have examined the predictive validity of risk assessment for racial and ethnic groups (Campbell et al. 2020), standard modes of treatment in case plans nonetheless persist. Further, they do not specifically address traumatic events experienced by underserved, marginalized youth (Rodriguez and Goldman 2024).

Adverse childhood experiences (ACEs) are a significant public health concern given their negative impact on physical and social outcomes, including justice-system involvement. The most commonly assessed ACEs are emotional, physical, or sexual abuse; emotional or physical neglect; witnessed household violence; household substance abuse or mental health issues; parental separation or divorce; and incarceration of a household member (Felitti et al. 1998). Additional adverse experiences, such as the death of a parent and discrimination, have also been shown to negatively impact child development and well-being. Nearly half (45 percent) of youth in the U.S. report experiencing one or more ACEs (Sacks and Murphey 2018). On average, Black and Latino youth report more ACEs than do white youth. Not only do racial and ethnic youth have higher ACEs relative to whites, but they also have higher rates of economic adversity—a condition that argues for including economic hardship in studies of ACEs and health outcomes (Zhang and Monnat 2022). Justice-involved youth relative to youth in the general population report higher ACEs (Belisle et al. 2024)—an unsurprising finding given the high rate of mental health needs and child welfare involvement among this population.

Public health experts have called upon community prevention programs to target the underlying systems that contribute to social inequality while ensuring that their programs are racially tailored. The Centers for Disease Control and Prevention’s Youth Violence Prevention Centers is one vehicle seeking to address this need (Nation et al. 2021). To promote prevention planning systems that focus on reducing risk and enhancing protective factors, the CDC works with communities to use data to identify and implement evidence-based interventions (Fagan et al. 2018). Key components of this work include targeting the structural determinates of crime, creating robust partnerships between community members and researchers to implement and evaluate these interventions, and using case studies to illustrate the voices and experiences of youth and families (Kingston et al. 2021). Despite these efforts, only a handful of crime prevention efforts are tailored to and targeting communities of color. Among the more than 800 youth crime intervention programs in the Blueprints for Healthy Youth Development registry from 2010 to 2021, only 2 percent were developed for Black youth and only 4 percent for Latinos (Buckley et al. 2023). Further, no crime prevention program bridges science across key areas (i.e., RNR model, ACEs, and youth justice) to reduce racial and ethnic disparities in the justice system. Stated differently, no crime prevention effort has outlined how to reduce racial disparities and ensure that the harms of social inequality faced by youth do not result in their criminalization and punishment.

Study 1

“Darren” is a Black boy whose first contact with the juvenile court was a shoplifting charge when he was 12 years old. His mother had a history of substance use and incarceration, and his father was never in his life. Child protective services (CPS) was heavily involved in his life, prior to and throughout his involvement with the courts. With the exception of a shoplifting referral and a theft charge, the remaining referrals in Darren’s record are for being absent without leave (AWOL), running away from CPS/court placements, and probation violations. A majority of case file notes illustrate Darren’s inability or unwillingness to successfully complete treatment as a result of his running away and marijuana use. Darren was ordered to multiple residential treatment centers and/or group homes and ultimately state imprisonment.

The narrative below illustrates the role of poverty and “crimes of survival,” such as theft of food, that brought Darren to the court.

Darren said that he took the money for personal use and spent the 197 dollars on food. Darren advised that he took friends out to dinner at [restaurant A] and [restaurant B]. Darren said that he went to numerous convenience stores and purchased miscellaneous items. (Court report regarding the theft charge, shared with the author)

The psychological evaluation lists issues in Darren’s life, including his family. His drug use and history of running away were deemed as warranting additional court restrictions and increased surveillance.

Problem 2: Darren has been separated from his family members due to past CPS involvement and him being in [residential treatment center A]. Darren has 2 older brothers and 2 younger sisters. Limited contact with brothers and youngest sister. Darren reports mother has a hx [history] of substance use and is presently incarcerated for a long period of time. Father has not been involved in Darren’s life.

Darren has been unsuccessful in the community due to his substance abuse and his hx of running away. Due to Darren’s hx of running away, he needs to be considered a flight risk and placed on AWOL precautions.

Darren’s case file reveals he was repeatedly sent to the same facilities for care and treatment despite their not improving his behavior and well-being. AWOLs and failure to complete court-mandated treatment led to probation violations and deeper system involvement.

On [date] a violation of probation (VOP)/warrant petition was approved. . . . Darren AWOL/run away from CPS placement on/around [date]. Youth failed to cooperate with counseling or other behavioral health treatment and failed to participate, cooperate or successfully complete counseling and therapy/treatment as directed.

Due to Darren’s substance abuse, history of running away, and aggressive behavior, it is believed that he is a danger to himself and the community at this time and should not be released. (Court report, shared with the author)

In a letter to the presiding juvenile court judge, Darren discusses his unsuccessful placements and what he feels would constitute successful treatment and care for him.

Dear Judge [name] . . . I wanna start by saying I know CPS would like to send me back to [residential treatment center C], I was just there not even months ago. That’s not a program where you can go two or three times and learn something different. I would also like to say that I completed that program successfully. Every home pass and everything I did I always came back clean[,] no marijuana no spice or anything like that. I am seventeen and a half[.] I don’t want to be sitting at a place for three months wasting time. . . . I have to worry about getting out and having to find a job because I do have to pay restitution. I want to be able to be in college doing something productive instead of wasting resources for someone who could really need it. I do want to go back to [residential treatment center D]. There my first four days I had a job interview [and] my first week I got enrolled back into college. . . . Judge [name,] please take this into consideration. I want to go somewhere I will be doing something with my life. Instead of going somewhere where I won’t be doing anything productive with my life.

Darren’s probation officer’s recommendation to the court is institutionalization due to Darren’s “inability” and “unwillingness” to comply with the terms of his treatment.

Probation has no additional services to offer Darren at this time with the exception of continued detainment until his 18th birthday. In lieu of that this Officer would recommend that the greatest consideration be given to committing Darren to the [youth state institution]. Darren could receive additional substance abuse and life skill services while there and would remain safe within that secured facility. CPS is in agreement with this recommendation. . . . The common factor in all is Darren’s inability or unwillingness to follow through with his therapy, sobriety, or Conditions of Probation once out of secure care. This Officer realizes that this is not an ideal situation for Darren, and he will be faced with many struggles upon release if committed to [youth state institution], however these were all issues that have been brought up to Darren in the recent past by this Officer, his two previous JPOs [juvenile probation officers] and his CPS caseworker, yet he chose to continue to use drugs and violate his probation. (Court report, shared with the author)

Unfortunately, Darren’s financial hardship (lack of access to food and clothes) and resulting substance use and traumas (family separation) are never addressed by the juvenile court. Further, failure to be “successful” in court-mandated services were repeatedly treated as a personal failure and basis for further youth punishment. The result is the incarceration of a young man until his 18th birthday for stealing a pack of playing cards when he was 12 years old.

Study 2

“Sal” is a Latino boy whose first contact with juvenile court was when he was 11 years old for a theft charge. His mother suffers from economic hardship and health problems. He was detained for the theft and later placed on probation supervision for a robbery charge. Subsequent charges were probation violations and a school referral for a fight with a classmate. During the course of Sal’s involvement with the system, a guardian ad litem (GAL) was appointed; dependency petitions were filed, resulting in CPS placement; and he was adopted by a foster mother, who later tells the courts she would like Sal sent back to CPS. Below are various excerpts from Sal’s case file that highlight the consequences when the court is unresponsive to the economic hardships experienced by youth and families.

Court documents repeatedly noted Sal’s financial strain, unstable housing, and his mother’s illness and disability.

Sal was placed on house arrest on [date]. . . . Sal’s mother suffers from several medical issues and the family struggles financially as mom is unable to obtain employment.

Family was evicted two days ago. As reported in the [date] Addendum Report to the Juvenile Court, [mother’s name]’s source of income is through her Social Security Disability, due to Multiple Sclerosis.

Despite the court’s awareness of these economic and health adversities, Sal was penalized for being unable or unwilling to comply with court mandates, including physical attendance at court and various probation requirements.

Court directed Probation to file a petition to revoke release . . . on information from GAL [GAL’s name] regarding mother and juvenile refusing to participate in counseling with [treatment facility A]. Per [GAL’s name], juvenile was reenrolled in school and attended on [dates]. No juvenile or parents present in court.

CPS to file a pick-up order on Sal. Parents defaulted on dependency [court tried to contact father by cell]. No parent or juvenile present in court. (Court report, shared with the author)

Throughout this case, financial hardship and the mother’s illness are acknowledged as salient factors in Sal’s life. In the excerpt below, there is also an acknowledgment that Sal was doing well before the warrant was issued, yet no alternative is offered.

According to [probation officer’s name], Sal’s mother suffers from several medical issues and the family struggles financially as mom is unable to obtain employment. [Probation officer’s name] stated that a warrant was issued for Sal as he failed to appear for several court hearings. According to [probation officer’s name], the family’s financial circumstances and [Sal’s mother]’s medical issues contributed to the warrant being issued for Sal. [Probation officer’s name] stated prior to the warrant being issued Sal did well on house arrest. (Court report, shared with the author)

This case demonstrates the ways that individual and familial traumas can be compounded by the court’s response. In various court documents, Sal identifies the stress of being unable to see his mother and notes his desire to stay with her. Not only are the court’s and CPS’s placement decisions counter to this stated need, but Sal’s “devotion” to his mother is perplexing to the court, given a new foster placement.

GAL for minor presents statements to the Court regarding his Dependency Petition and advises the Court that the Department is ignoring the concerning matters contained in his Petition. Counsel for mother addresses the allegations of mother having a history of substance abuse. . . . GAL for minor presents statements to the Court regarding concerns with the minor being placed back with mother. . . . Counsel for child advises the Court that the minor wants to be placed back with his mother.

For some reason, he holds a deep devotion to his mother. He is now residing in a more regimented and structured [foster] home that has provided warmth and care for him and his little brother. He goes to school well dressed and groomed. (Court report, shared with the author)

Substance use is repeatedly identified by the courts as a primary issue and risk factor for both Sal and his mother. Failure to complete or succeed in drug treatment, even when identified as ineffective by the court, results in further punishment for this young man.

Sal has been receiving counseling services through [treatment facility B]. Sal has been in counseling for a long period of time, and he still continues to abuse marijuana. Sal admits that counseling has helped him, but his friends and the urge to smoke marijuana gets him into trouble. He likes the high the marijuana gives him.

Met with Department of Economic Security (DES) caseworker. [DES caseworker’s name] has concerns about Sal’s recent attitude. Wanted to know if he tested positive for drugs. Advised her last urinalysis taken last week he showed up negative. DES caseworker admits he has been acting out as of yet and Sal relates that to not being able to see his mother and his mother being negligent in seeing them. (Court report, shared with the author)

Trauma-informed, culturally competent treatment that addresses the lingering traumas caused by structural disadvantages are vital for youth like Sal. Unfortunately, court-ordered substance use treatment alone can result in further criminalization if “unsuccessfully” completed by youth. Further, formulaic, one-size-fits-all treatment schemes undercut the court’s mission to advance well-being for youth most in need.

Study 3

“Laura” is a Latina girl whose first contact with the court was for a shoplifting charge when she was nine years old. A majority of the court record in this case focuses on the youth’s mother’s alleged drug use and criminal record. At age 15, Laura was arrested and detained for burglary. She entered a vacant apartment with her twin sister. With one exception (a charge for riding passenger in a stolen vehicle), all of Laura’s charges are for shoplifting and entering vacant homes.

Housing insecurity and unemployment or unstable employment characterize Laura’s family’s circumstances.

Both [grandmother’s name] and [mother’s name] denied having contact with the twins. [Mother’s name] denied using or selling drugs. She was asked why she would ask her mother to be guardian of her children and she said her and her husband were homeless at the time and she thought it was best for her children. She said she is not working but is looking for work. Grandmother is working at the local [location name].

Landlord continued to tell me he recognized all three subjects [including the youth] in the apartment as residents who have already been evicted before from a different apartment. (Court report, shared with the author)

Laura’s last delinquency referral was for shoplifting cold medicine. She was under the weather and did not have access to health care or resources for over-the-counter medicine. Despite the extensive court record that documents significant economic and housing insecurity at the time of this shoplifting incident, there is no attempt to find an alternative to address her needs.

Throughout numerous court reports, court officials simultaneously document Laura’s family (particularly her mother, but including her grandmother’s inability to provide effective care) as the root of her criminality.

Mother is believed to be a risk if this juvenile as well as her sister are returned home. I have the mother’s criminal history. The mother is historically known to be armed with firearms and has been in possession of contraband, substances, and according to criminal trespassing, probation violations, carjacking, and possession of tear gas. High danger to her children – [GAL’s name].

[Grandmother’s name], the guardian, is overwhelmed parenting five children including teenage twins that are clearly out of control. Neither [grandmother’s name] or [mother’s name] have encouraged school and the importance of education. [Grandmother’s name] can parent the other children, but the twins have drug issues, emotional problems, and issues with authority that require special skills and training. Laura should remain in Detention at this time, and because she is a possible flight risk, probation is not recommended. (Court report, shared with the author)

While treatment is recommended for Laura and her family, the psychologist does not believe it will be effective, given her family’s justice-system involvement.

A combination of individual and group therapy would likely be the best, and if possible, family therapy, but likely the family will not be overly responsive towards treatment interventions.

The evaluation indicates that Laura will need to be followed closely by the courts as there is a strong propensity that she will once again involve herself in illegal activities, much like what has been modeled within the family system for a considerable length of time. (Psychological evaluation, shared with the author)

The RNR model approach in this case illustrates how the one-size-fits-all approach to treatment fails to provide effective treatment for Laura; to make matters worse, she is punished for her poverty and her mother’s justice-system involvement. Although court officials and a psychologist explicitly note the predefined set of services as likely ineffective, they continue to be ordered by the court. The result is Laura’s detention and incarceration for most of her adolescence.

Address risk of financial hardship

Programs that combat economic insecurity, such as guaranteed basic income, guaranteed universal income, and unconditional cash transfers, can be powerful agents in providing people with basic needs and improving public health and safety outcomes. In the face of misconceptions about how these resources are used by recipients, research has shown that such programs are used to pay for necessities such as food and clothing (Stacy et al. 2024) and, moreover, reduce poverty and improve health and education outcomes (Hasdell 2020). Although the effects of these programs on labor market participation are unclear, they do stabilize families and can be launching pads for innovative strategies for labor force training. These programs are generally not conceptualized as “crime-prevention” strategies or “alternatives” to justice-system involvement, but they nonetheless reduce crime and child maltreatment (Kovski et al. 2022) and the social and economic costs associated with crime (Rostad et al. 2024).

Programs that assist families in obtaining basic needs, coupled with racially targeted behavioral health and substance abuse treatment, will be far more effective in reducing crime and inequality than our current practices are. Efforts that move beyond the criminogenic risks within the family unit and toward a model that assesses families for “risk” of financial hardship and prioritizes them in the distribution of government aid and services (e.g., guaranteed basic income, housing, and health care) would directly address the drivers of structural inequality. Reimagine Child Safety (2022), a coalition of organizers and system-impacted families working out of Los Angeles (and a leader in the state), advocates for resources for families in the form of cash aid, electronic benefit transfer, and a livable minimum wage. They also advocate for the collection of data and evaluations to inform future guaranteed basic income programs and possible expansion across jurisdictions.

Support community-based organizations

To address the immediate need for crime prevention efforts and justice-system alternatives, increased funding to community-based organizations should be a strategy adopted across jurisdictions (NASEM 2023). While community-based organizations are in every community, they are less visible than larger systems, not well funded, and not considered alternatives to the justice system. Unlike diversion programs, which can result in system contact due to unsuccessful program or treatment completion, many community-based organizations rooted in community care do not rely on punishment or the threat of punishment to alter behavior. Their vision of success is much broader than reducing delinquency or recidivism. Community-based organizations seek to meet the immediate and long-term needs of communities via mutual aid, peer support, and conflict resolution tools. Numerous organizations do this type of work; below I highlight two working to strengthen communities and reduce delinquency and justice-system involvement.

Project NIA (n.d.; nia means “with purpose” in Swahili) was created with the goal of ending youth incarceration and is dedicated to pursuing and implementing community-based justice models. Originally based in Chicago, the organization has grown to serve communities nationwide. Transformative justice, centered on healing the harms caused by violence, is the pillar of its work. For communities to be strengthened, Project NIA believes that local community members must participate in responding to crime and violence because they are most aware of the needs of their communities. The organization relies on principles of participatory community justice, which is focused on meeting the needs of victims, reducing recidivism, and improving satisfaction with the justice system. Central to its work is targeting and responding to the needs of those harmed by crime and violence, including perpetrators of crime. Research and outreach are also key dimensions of Project NIA—in particular, youth-directed, participatory action research.

Youth Justice Coalition (n.d.; YJC) is an abolitionist, youth-led organization in Los Angeles, working to reduce youth incarceration and race, gender, and class discrimination in the juvenile and adult justice systems. YJC is committed to supporting young people as they navigate complex life circumstances—without fear of being referred to the justice system for making mistakes. The organization seeks youth referrals from CPS and juvenile justice agencies to offer an alternative to traditional youth placement and punishment. YJC staff assist youth in meeting educational milestones and satisfying their court administrative requirements (e.g., creating opportunities for community service hours). Fight for the Revolution that will Educate and Empower High School, founded by YJC in 2007, is a charter school that serves young people who have been suspended or expelled from schools and formerly incarcerated students making the transition back to the community. The educational curriculum meets state requirements for graduation and includes direct experiential learning in social justice, community organizing, and participatory action research. YJC’s Chuco’s Justice Center is a resource center for youth and the community that offers a range of activities, such as training in peace building and de-escalation and courses in gardening and mural painting. The healing of trauma is seen as a central need for youth; to that end, YJC offers healing retreats (e.g., sweat lodges). YJC educates youth on substance use, prevention of substance use disorder, and harm reduction strategies associated with drug overdose. These community-led services address the many needs of youth in the community.

The strategies and organizations highlighted above offer an alternative to traditional youth crime prevention efforts. Reenvisioning youth justice to advance equity and fairness will require reducing social inequality and developing racially tailored programs that neither criminalize families facing economic insecurity nor punish youth for their life circumstances.