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Comparative Analysis

"Children are a gift from the Lord;

they are a reward from him."

- Psalm 127:3

Global

  • United Nations passed a human rights resolution relating to the protection of juveniles (those under 18) deprived of their liberty.

    • ​Pre-trial detention should be avoided, and imprisonment should be a last resort.

  • International standards:

    • children should not be sentenced to life without parole

    • minimum age of criminal responsibility is 14

    • no child should be transferred to an adult court

  • ​Punitive vs. Rehabilitative approaches​

    • Sweden - no juvenile courts; children under 15 are referred to social welfare system​.

    • Switzerland - rehabilitation and reintigration are highly valued; priority is to protect and educate young offenders through treatment.

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  • ​Punitive vs. Rehabilitative approaches: Juvenile court jurisdiction in the US is defined by criminal law (punitive) rather than the need for social services (rehabilitative)

  • Research has shown incarceration without treatment is ineffective

  • One study found that 76% of juvenile offenders suffered from substance abuse disorders

  • One study found that 50% of juvenile offenders met criteria for 1 or more psychiatric disorders

  • Childhood maltreatment (trauma or violence) leads to greater risk of juvenile delinquency

  • Effective interventions address the juveniles challenges through treatment and support

Illinois

  • Children as young as 10 can be held criminally responsible and detained

  • Illinois has 5 youth prisons and 16 county detention centers where juveniles await trial.

  • Lake County, Illinois Juvenile Justice Division:

    • communities, victims, and youth offenders are stake holders in the system​.

    • decisions directly impact equity and social justice issues in the community.

    • strives to use restorative justice teqniques while taking victims rights into consideration.

    • seeks alternatives to formal court proceedings.

  • Age of criminal responsibility:​

    • Argentina - 16

    • Canada - 12

    • China - 12

    • Finland - 15

    • Italy - 14

    • Sweden - 15

    • Switzerland - 15

    • United States - varies by state

United States

  • In contrast to the United Nations resolution, every state in the United States allows pre-trial detention and imprisonment of juveniles.

  • International standards:

    • children should not be sentenced to life without parole - 22 states allow children to be sentenced to life without parole.

    • minimum age of criminal responsibility of 14 has been endorsed by the AMA (American Medical Association) but no US state meets this standard. Children as young as 6 can be held criminally responsible in North Carolina. In 2023, New York raised the minimum age from 7 to 12.

    • no child should be transferred to an adult court - no state meets this standard​.

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  • Cook County Detention Center (pictured)

    • "Isolating and deprivational rather than rehabilitative" - according to a Blue Ribbon Committee appointed by the Cook County Circuit Court chief judge.

    • Houses up to 175 youth. In 2019 there were over 100 admissions of 10-12 year olds, 70% black, many of whom suffer from mental illness or substance abuse. They spend at least 13 hours per day locked in cells plus additional time when there are staff shortages, or they break the rules.​​

    • Chief judge's committee recommended it be permanently shut down and replaced with smaller, community-based facilities focused on rehabilitation.

"Even though you have fallen a thousand times in one day,

if in the evening you stand up again on your own two feet,

you may sing of victory."

- St. Madeline Sophie Barat

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