APRI Highlights - Spring 2003

A Comprehensive Juvenile Justice Philosophy: Great Idea, But Does it Work for the Tough Cases?

Caren Harp, Director, National Juvenile Justice Prosecution Center

Lots of philosophies look good on paper or applied to simple cases with low-level offenders. The real test of a philosophy for juvenile justice is its application to the most difficult cases, under the most unique and challenging circumstances. The “best interest of the child” theory is noble, but without more structure or definition to guide its application, it doesn’t work. It is not a sound theoretical basis for decision-making.

NJJPC maintains that balanced consideration of community safety, offender accountability and competency development in offenders is the preferred philosophical approach to juvenile justice. These three principles can guide decision-making from the simplest offense to the most complicated and serious case.

Juvenile sex offense cases are among the most challenging cases prosecutors face. Can balanced consideration of community safety, offender accountability and competency development lead to an appropriate result in these types of cases? Yes. Here’s how.

• Community Safety. Long understood by prosecutors, communities have a right to be protected, especially from juveniles subject to the court’s jurisdiction. This is especially true in sex offense cases. The “balanced approach” provides for removal of dangerous offenders from the community, or for such other corrective actions that can guarantee community protection, more than actions likely under the “best interest of the child” theory.
  
  
• Offender Accountability. Holding offenders accountable to victims and communities is critical in any case. In juvenile sex offense cases, due to the nature of the charge and the generally tender ages of those involved, accountability to victims may take many different forms, or it may be as simple as assuring the victim that they are believed, and that the offender has experienced consequences for his conduct. Accountability to the community usually involves restoring a sense of justice through some period of incarceration (usually therapeutic), probation, and work service hours.
  
  
• Competency Development. Reputable treatment programs for sex offenders are victim centered and grounded in competency development. They teach offenders empathy for victims, help them learn to regret how they’ve hurt others, and teach offenders the skills they need to manage their emotions without offending again. Treatment, in concert with strict and formal sanctions from the court system, help offenders understand that people have a right to be free from victimization, that there are consequences for offending, and importantly, that they have the ability to live productive lives without criminal conduct.

For further in-depth discussion of these ideas and others, read Bringing Balance to Juvenile Justice, available on-line at www.ndaa-apri.org.