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Parole Boards Treat Adolescents Who Grow Up in Prison Like Adults — and That’s Wrong

We know little about the discretionary release decisions of parole board decision-making, especially for juvenile offenders who have been sentenced as if they were adults to long terms of imprisonment, including life. The possibility of parole for juvenile lifers does not mean they will eventually be released. The formal and informal rules governing a juvenile offender’s eligibility for parole are either no different from adults or too vague.

First, we need to recognize that parole boards are at the tail end of the criminal justice system. Unlike criminal court they are an administrative body, often confidential in their deliberations. There is too often no requirement to be transparent. In this sense, parole boards would be considered a “black box” — one that can not only create a profound sense of injustice among offenders, making their rehabilitation less likely, but produce costly appeals.

Yet I believe that the administrative decision-making of parole boards can be improved upon in the case of juvenile offenders: first by recognizing the business of parole boards, which is not only to make judgments about the suitability of an offender’s release, but also to enable offenders to succeed by becoming law-abiding members of society. To enable appropriate assessments at the front and back end of the correctional process, it is important that parole boards recognize adolescence in all its complex developmental forms. I add the word complex, because a standard text on developmental adolescence is not appropriate for incarcerated adolescents subject to long-term adult imprisonment.

For instance, sensitivity to the adolescents who are juvenile offenders would modify state statutory requirements to consider the offender’s reoffending risk and offense seriousness. Offense seriousness and reoffending risk cannot easily be separated from one another, and often fall under the general rubric of offender dangerousness. Despite an offender’s excellent to good prison record (few infractions and having programmed well), offense seriousness (as indicative of offender dangerousness) is often presented as the defining reason for rejecting parole. But offense seriousness should be defined not only in terms of the harm committed, but also in terms of culpability. And in regards to culpability, the jurisprudence is clear: A youth’s culpability should be discounted based on the well-known facts of adolescence.

Still, before the parole board is not an adolescent but a middle-aged adult offender who looks no different from other middle-aged offenders who committed their offenses while adults. Parole boards need help in seeing beyond their cases of middle-aged offenders. They need to look beyond a series of U.S. Supreme Court decisions that has recognized the adolescence of juvenile lifers — at least in terms of those who were legislatively denied the possibility of parole.

Although the Supreme Court in its Graham (2010) and Miller (2012) decisions cited the developmental literature as reason for recognizing the jurisprudence of adolescence, it did not provide states with the standards for guiding parole board decisions, essentially leaving it to states to decide how they wish to implement the court’s decisions. Some states have created lengthy minimums, and others like California a specific part of their parole boards that explicitly acknowledges their juvenile lifers’ adolescence. Yet the acknowledgment where it exists appears vague and largely symbolic — an extension of merely stating for the record the juvenile’s age at time offense.

A step in the right direction would be to recognize the criminological reasons for juvenile violence, which include childhood trauma, neighborhood violence and familial abuse. The criminological reasons for gang membership as protection against neighborhood victimization would similarly explain why a juvenile or young inmate just entering prison would again join a gang , and again for protection. A capital offense and a life sentence are traumatic in themselves, and may lead to self-destructive behavior that produces a prison record that would not be looked upon kindly by parole boards many years later.

We should expect that over time the stated rules of engagement for parole boards have changed. This is the case in Massachusetts, where the state’s supreme judicial court not only recognized Miller, but also said that it is retroactive. The state’s supreme judicial court also indicated that parole-eligible juvenile lifers should have the benefit of legal representation — a right that is not provided to adults. Moreover, they recommended minimum periods that would provide adolescents with the possibility of returning to society as middle-aged adults.

Still, there is parole board resistance to dwelling on the adolescence of the offender at the time of the offense and to drawing on the developmental literature to explain early prison infractions. That resistance stems from alternative concerns that are raised by the victim, prosecutor and other members of the community, especially in serious cases of violence. The focus becomes on the offense; its sensational qualities, the victim(s) and then how the offense could be considered an indication that a “just” amount of time has not yet been served given the gravity of the crime.

My statements on parole are based on personally observing numerous parole board hearings and viewing nearly 300 videoed recordings, along with transcripts. I’ve not only observed hearings, but also examined in close detail records of decisions for juvenile lifers and compared them with young adult offenders. With Ed Mulvey (University of Pittsburgh) we found virtually no difference between adult lifers and juvenile lifers in their probability of parole, controlling for the severity of their offense and prison infractions. In fact, age was not a predictor of parole. Rather prison infractions, programming and offense seriousness were the only significant predictors after statistically controlling for a range of personal factors.

So where do we go from here? First, we need to understand parole board decision-making in cases of juveniles sentenced in criminal court to long terms of imprisonment—not just life. Many more thousands of juveniles beside those serving life are coming up for parole each year after serving long-term minimums. They are in the adult system from start to finish, and although a considerable amount of research on juvenile offenders has been conducted at the front end of the criminal justice system, there is little that is known about back-end decision-making, as exemplified by discretionary release decisions.

Secondly, states can do more to prepare their juvenile offenders for discretionary release by taking into account the facts of adolescence. They should not assume that just because the juvenile has been sentenced as an adult, they can be treated as an adult offender. A juvenile lifer’s problematic adolescence should not only be recognized first in a juvenile facility (usually the first stop for a juvenile lifer), but also in their subsequent adult prisons. Recognizing their problematic adolescence requires correctional officials to also recognize that the experiences of juvenile lifers are limited to prison life.

At the tail end of the correctional system is the parole board, and here the facts of a juvenile lifer’s adolescence must be explicitly recognized. The facts at this stage of discretionary release should not only acknowledge the adolescent’s limited socialization to life outside their prison. Those facts should also enable a set of treatments, reentry plans that specifically enables a juvenile lifer to succeed while on parole. In this way the upstream as well as downstream considerations that go into making parole decisions can do a better job in fulfilling the Supreme Court’s mandate for a meaningful review — one that takes into account the adolescence of juveniles, especially when imposing long-term maximum adult sentences.

To ignore the black box of parole board decision-making invites costly appeals, extending the cost of incarceration beyond the jurisprudential logic of a modern-day criminal justice system. Eventually states will do well by explicitly recognizing the adolescence of their juveniles and by developing the research tools, programs, procedures and administrative processes that can produce the meaningful review called for by the Supreme Court. My colleague Ed Mulvey and I have been working in this direction. However, we need more states than the few that have been willing to collaborate with us. If you would like to assist us in our research, please do not hesitate to contact me.

Simon I. Singer is a professor of criminology and criminal justice at Northeastern University. His current book project is titled “Adolescence Denied: Juvenile Lifers in America.” He has received awards from the American Sociological Association (Albert Reiss Book Award, 1999, for “Recriminalizing Delinquency: Violent Juvenile Crime and Juvenile Justice Reform”), and from the American Society of Criminology (Hindelang Book Award, 2014, for “America’s Safest City: Delinquency and Modernity in Suburbia”). He can be emailed at s.singer@northeastern.edu.

Juvenile Offenders that Work Long Hours and Skip School More Likely to Engage in Antisocial Behavior

A new study published in the journal Child Development finds that adolescents that eschew school for employment are more likely to be associated with antisocial behaviors than peers that either work less hours or focus solely on schooling.

Researchers, over a five year window, examined the relationship between work hours and school attendance in a sample of almost 1,300 juvenile offenders. The study, conducted by researchers from Temple University, the University of Pittsburgh and the University of California, Irvine states that teens that work long hours while simultaneously attending high school classes were more likely to engage in antisocial behavior than classmates that had less work hours or did not work at all.

In particular, researchers noted an apparent connection between high-intensity employment - categorized as more than 20 hours per week—and greater likelihoods of teens fostering antisocial behavior, such as bullying and vandalism.

Teens that attended school regularly, without working, were found to demonstrate the least amount of antisocial behavior, while teens that worked long hours and did not attend classes regularly were found to be the likeliest adolescents to engage in antisocial activities.

“The combinations of high-intensity employment and irregular school attendance, unemployment and irregular school attendance and unemployment and not being enrolled in school are associated with significantly greater antisocial behavior, particularly during early adolescence,”  the report reads. “High-intensity employment diminishes antisocial behavior only when accompanied by attending school.”

Study: Youth Offenses, Sentences, Predict Little about Recidivism

Data emerging from a seven years’ study of young offenders suggest that the nature of a serious juvenile crime or the length of time served for it, does not do a very good job predicting if a youth will re-offend.

“Burglars are not all the same, neither are car thieves or assaulters,” said Edward Mulvey, professor of psychiatry at the University of Pittsburgh.  “Just because they’ve done a certain type of offense doesn’t mean they’re on a particular path to continued high offending or more serious offending.”

Mulvey is principal investigator on the Pathways to Desistance study, which followed some 1,300 youths convicted of mostly felony offenses in Phoenix and Philadelphia for seven years after adjudication. Analyses are now being published.

“The way you code a presenting offense, you can do it violent or not violent, property or not property, you can do it a lot of ways; it never comes out as a real strong predictor of outcome,” Mulvey said, explaining some of his latest analysis.

The finding supports some prior academic literature, and adds to evidence that the finding is the same for the most serious offenses.

When it comes to writing law, state lawmakers have to think of their voters’ standards, Mulvey explained, but suggested lawmakers also consider that the kids convicted of any certain serious crime seem to be very different, heterogeneous people.

He gave the example of “transfer” laws: some states automatically send minors to adult court for certain offenses. Mulvey said he believes that a state law that leaves the transfer decision up to judges in every individual case “makes a lot more sense.”

But once a juvenile is in state custody, the length of stay appears to have nothing to do with the recidivism rate, said Thomas Loughran, of the University of Maryland’s Department of Criminology and Criminal Justice. He worked on that issue with the Pathways data by comparing two similar groups of youth.

“The more [time] we gave them, it didn’t make any difference, there was no effect” on recidivism, he reported, though cautioning that the bulk of the kids in the study served between three and 13 months.

“There’s a lot of competing theories [about] why that is,” he said, and thinks no answer is definitive. It could have to do with youth psychological development, he ventured, or low-risk kids mixing with high recidivism-risk kids in the same detention center.

Further, Loughran said his numbers show “no significant difference” in the re-arrest rate for offenders who served probation versus detention.

The Pathways study also suggests that family involvement in drug treatment is more effective than the treatment alone, Mulvey said.

Mulvey recently discussed the progress of his work at a National Juvenile Justice Network meeting, which published a short summary.

The Pathways to Desistance baseline data was published in August. Mulvey plans to write several more bulletins about the study via the federal Office of Juvenile Justice and Delinquency Prevention, a sponsor of the study, and later write a book.