America and Child Incarceration
The U.S. incarcerates more children than any other civilized nation, These children are overwhelmingly Black or Brown and have some form of mental illness. Many have Post-traumatic stress disorder prior to entering incarceration, while many acquire PTSD while locked up (Figueroa, 2020). Locking up kids costs Americans tens of billions of dollars while a more effective option would be to offer young people treatment, rather than more trauma (Figueroa, 20920).
In the mid-nineties, Princeton professor John DiLulio pushed the concept of the “superpredator,” according to DiLulio, “A superpredator is a young juvenile criminal who is so impulsive, so remorseless, that he can kill, rape, maim, without giving it a second thought”(Boghani, 2017). DiLulio’s ideas became popular with lawmakers on both sides of the aisle who wanted to take on a “tough on crime” stance. This attitude is encapsulated in a 1996 speech given by then-First Lady (and later Senator and Secretary of State) Hillary Clinton where she said of recent gang violence, “these are not just gangs of kids anymore, they are often the kinds of kids who are called “superpredators” (C-SPAN, 2016). In one line, she stripped these troubled youth of their humanity and labeled them a public safety risk. This attitude across the political echo chambers led to policies that allow youth to be tried as adults, which could mean lengthy sentences among adult inmates. Twenty-one states now charge juveniles as adults under certain circumstances related to drug offenses (The sentencing project 2016). This allows for youth to be placed into the adult carceral system where recidivism is high and the majority are likely to return to incarceration (Figueroa, 2020). This creates a loss of youth, and a lack of social support to ensure even basic survival later in life.
The problem of charging youth as adults compels judges to impose the policy of “mandatory minimums” in sentencing. “Mandatory minimum sentences require judges to impose a sentence of a term of imprisonment of at least the time specified in a statute, a requirement generally triggered by the offense of conviction and/or the defendant’s recidivism” (Congressional Research Service, 2023). This contradicts The U.S. Supreme Court’s determination that youth have “diminished culpability and greater prospects for reform” and are therefore “less deserving of the most severe punishments (Steiner, 2017). These mandatory minimums mean long sentences in adult facilities.
Once a child is tried as an adult, their problems continue as the majority of states have “once-an-adult, always-an-adult” laws. This means if a youth were charged as an adult for a crime, any future crimes they commit will also mean they will be tried as an adult (The Sentencing Project 2016). If a young person commits a violent crime, for instance, successfully gets mental health treatment for the cause of their violence, but then goes on to commit a smaller offense, the youth could land themselves with a heftier sentence. This creates a cycle of incarceration and reincarceration.
The Supreme Court ruled that children should be treated differently than adult offenders as they show more hope for rehabilitation (Figueroa, 2020). It seems that many state and local laws would be unconstitutional under that standard. However, moral panic over the myth of the “superpredator” has pushed lawmakers to try predominantly Black youth as adults and create a revolving door of incarceration. The trauma inflicted on these young people is carried throughout their lives, creating more problems for them for years to come. Without substantial judicial reform in the U.S., this is a cycle that is likely to repeat indefinitely.
Works Cited
Boghani, P. (2017, May 3). They were sentenced as “superpredators.” who were they really?
PBS.
https://www.pbs.org/wgbh/frontline/article/they-were-sentenced-as-
superpredators-who-were-they-really/
C-SPAN. (2016, February 25). 1996: Hillary Clinton on “superpredators” (C-SPAN). YouTube.
Incarcerated Nation Network INC Media. (2020 AD). Prison Kids: A Crime Against America’s
Children. Youtube. Retrieved July 10, 2023, from
IncarceratedNationNetworkINCMedia.
The Sentencing Project. (2016). https://www.sentencingproject.org/app/
uploads/2022/08/How-Tough-on-Crime-Became-Tough-on-Kids.pdf
Steiner, E. (2017). Mandatory minimums, maximum consequences. Juvenile Law Center.
https://jlc.org/news/mandatory-minimums-maximum-consequences
When is a mandatory minimum sentence not mandatory under the first step ... Congressional
Research Service. (2023, February 2).
https://crsreports.congress.gov/product/pdf/LSB/LSB10910