Abstract:
The contemporary juvenile justice system is characterized by a striking racial disparity in which young, Black boys are the most disadvantaged at every level. This dynamic, first, is contextualized by the history of juvenile crime in which Black youth were dubbed ‘superpredators’ undeserving of rehabilitative treatments and instead the recipients of new levels of mass incarceration. The contemporary system has several critical characteristics, including ineffectiveness, abuse and violence. For youth waived to adult court, these features are further exacerbated. Such findings become increasingly problematic in light of developmental science that points to the biological and functional immaturity of the adolescent brain, producing an increased propensity for risk-taking and impulsivity. In order to address these deficiencies, a decade of case law by the Supreme Court has outlined new guidelines for juvenile justice based on diminished capacity jurisprudence. This precedential background is then gradually reflected in shifts in state legislatures and justice, as will be demonstrated in this research with the example of Oregon. Still remaining, however, is a system in which race inhibits the mitigating value of youth so that young White boys are afforded the casualty of adolescence while Black boys are viewed as more culpable and less reformable. In order to address the current discrepancies, we must more fundamentally transform the juvenile justice system and invest in the needs of youth through preventative and treatment-oriented options.