Still Punitive

Abstract

Abstract Drawing from an analysis of national and state developments in sentencing laws, Chapter 5 details the ways in which punitive policies persist in a devolved, privatized, and individually focused juvenile justice system. Since the community-based reform movement is largely aimed at exempting particular youth from punitive policies rather than directly challenging the policies, the reforms have left in place the use of juvenile life without parole sentences, draconian sex offender laws, gang sentencing enhancements, and the harsh conditions of juvenile prisons. There continues to be bipartisan support for punitive approaches to “serious” offenders occurring alongside the support for the community-based reform movement. The idea that an investment in individual behavioral solutions to delinquency will prevent youth from becoming involved in the system and ending up subjected to punitive policies often serves to legitimize rather than challenge these very policies. All three states have continued to levy some of the most punitive policies in the world on youth caught up in the juvenile justice system.