Disparities in the United States Youth Justice System
Identity is something that is important to the human experience, but the current United States justice system has been using identity against youth of sexual and gender minorities (SGM) and of racial and ethnic minorities (REM). A study published in the Journal of the American Academy of Child and Adolescent Psychiatry found that the proportion of LGBTQ youth in the juvenile justice system is two times the proportion of LGBTQ youth in the general population (Ramos). This higher proportion of incarcerated LGBTQ youth could stem from the “harassment, bullying, and harsher discipline in school settings” (Ramos).
It has been found that instability at home and trouble at school can increase the chances of police involvement. This same study found that REM youth are at a significantly higher risk for police contact than their white peers, and that many of these them are also SGM youth. Dr. Natalia Ramos and her team found that “19% of all incarcerated youth were LGBTQ” and that 90% of those youth are also REM youth (Ramos). This increased police contact has been found to be a stressor for youth, and it can have a negative impact on their mental health (Jahn). With the higher risk of mental health struggles before police involvement and the increased risk of mental health struggles after being involved in the justice system, REM and SGM youth are in danger of entering a nearly inescapable cycle.
For teenagers, taking care of mental health can be difficult in general, but adding in struggles at home and negative contact with the police can exacerbate those struggles even more. It was found that police stops had negative associations for the emotional, psychological, and social well-being for both Black and white girls, and that there were negative associations for emotional well-being for Black and white males (Jahn). In most cases, police involvement and contact occurs after the youth is involved in a traumatic event in one way or another. Whether the traumatic event is something that they witnessed or something they were involved in, it was found that around 90% of the youth involved in the juvenile justice system have been involved in one or more traumatic events (Balamurugan).
One category of traumatic events that many of these kids have experienced are Adverse Childhood Experiences, or ACEs. There are ten ACEs ranging from incarceration of a parent to living with someone who uses drugs or alcohol to physical and/or emotional abuse. Having experienced four or more ACEs can have serious effects on mental health (Clark). With this in mind, a 2022 survey of non-incarcerated and incarcerated youth found that 28.8% of youth in correctional facilities identified as SGM, and of those 43.8% were also REM (Clark). Of the SGM youth, 53.5% had experienced four or more ACEs, with the average age being 15 (Clark).
These kids have experienced many hardships that have led them to their situations, and they have become disproportionately represented in the justice system (Clark). Even so, a 2019 study found that many staff members at various correctional facilities did not believe that SGM youths were highly represented within their facilities. The study interviewed older staff members who believed they had only seen a handful of SGM youth throughout their many years at the facility (Jonnson). This information shows how important it is for staff members to know who their facilities are holding. Without knowing the demographic of a facility, the necessary resources for mental health services to help those who are struggling cannot be properly provided.
The Importance of Mental Health Resources in an Incarceration Setting
The Mayo Clinic recommends that patients suffering from depression have access to services such as mental health professionals, support groups, friends and family, and a healthy lifestyle (Mayo Clinic Staff), but not all people suffering from mental illnesses like depression have access to the same resources. Providing easily accessible mental health services in juvenile detention centers considerably reduces the likelihood of recidivism by addressing underlying psychological difficulties.
Accessible care in juvenile detention centers can be severely affected by funding issues. Depending on the facility’s size, available staff and resources, adolescents in correctional facilities do not receive the same level of care as their privileged counterparts (Kraut). Many juvenile justice systems struggle to provide appropriate funding for mental health services, resulting in limited access to counselors, therapists, and treatment programs. Low financing can also lead to facility personnel issues, resulting in a shortage of mental health experts and insufficient training for correctional staff, limiting the ability to properly treat the mental health needs of detained kids (Underwood).
Additionally, in the setting of a detention facility, youth have the potential to encounter violence, isolation and lack of organization, which can exacerbate pre-existing mental health issues. Incarcerated youth confront challenges such as a lack of appropriate psychological treatments, solitary confinement, which can be harmful to their mental health, and can lead to an increased chance of physical and sexual assault victimization. Many are subjected to harsh procedures such as strip searches, shackles, and chemical sprays. These methods can result in physical damage, emotional anguish, psychological injury, and disruption of healthy development (McCarty et al.).
In the past, there was a lesser focus on punishment and reactive discipline and a higher focus on rehabilitation. The juvenile justice system started by using a rehabilitative and preventative approach (Garascia); however, due to a brief rise in violent delinquency, safeguarding the community became the primary focus in the ’80s. As a result, the juvenile justice system adopted a punishment-based strategy rather than a rehabilitative one (Fried and Reppucci).
In the 1990s, most states observed a decrease in the availability of public mental health care for children. Because of the lack of availability, many towns began to use the juvenile justice system to try to fill the void left by it. The reliance on adolescent detention systems to cater for the mental health or other specialized needs of juvenile offenders grew (Grisso). Today, the juvenile justice system is tasked with offering mental health examinations and treatment programs to its adolescents. In recent years, it has become clear that, while jail and detention are appropriate for a tiny percentage of children, long-term confinement experiences generally cause more harm than good (Stoddard‐Dare et al.).
Integrating a system of care requires a collaborative approach to juvenile cases in order to satisfy the interconnected requirements of each individual kid. Regardless of diagnosis, adolescents require varying levels of care. As a result, effective screening and assessment, as well as a variety of treatment choices, are required for rehabilitation. Treatment approaches are most effective when they include well-trained professionals, families, and adolescents; are community-based; and address problem behaviors and stresses.
Addressing the mental health needs of incarcerated kids is critical for their well-being, rehabilitation, and recidivism reduction. To better their mental health, early intervention, diversion from the criminal system, and access to evidence-based mental health care both during and after incarceration should be prioritized (Jackson).
The difference in Depression Rates Between Incarcerated and Non-incarcerated Youth
The United States has the highest juvenile incarceration rates in the world. Although the percentage has depleted in recent years, it’s estimated over 27,000 youth are still behind bars (Rovner). Many juvenile facilities are trying to implement restorative justice therapies, but many of these children are not receiving proper rehabilitation. This directly impacts a decline in mental health, increasing rates of depression among incarcerated youth.
Depression is a common mental disorder for these vulnerable youth, most of whom come from high-stress-level environments and low levels of parental supervision. More stressful life events and less caregiver support were each independently associated with depressive symptoms (McCarty, 2019). Coming from backgrounds marked by trauma, neglect, exposure to violence, and unstable living conditions, these kids often have pre-existing mental health issues that may go untreated. Mental health support within juvenile facilities is often limited, with few qualified professionals available and inadequate access to counseling or therapy; signs of depression may go unnoticed or unaddressed (Mendel).
Many kids with emotional disorders don’t end up in the correctional system and many that commit crimes don’t have mental health disorders. For this reason, we can’t say that mental health disorders actually cause the youth to be locked up. However, there is a direct correlation to emotional disorders, such as depression, becoming an issue as youth spend more time in facilities (Poteet). Incarcerated youth tend to have higher rates of depression than their non-incarcerated peers due to a range of environmental, psychological, and social factors. Studies have shown that as many as 47% of youth in juvenile detention exhibit moderate-to-severe depressive symptoms (McCarty et al.).
Once incarcerated, the isolation and loss of freedom they experience can intensify feelings of loneliness, hopelessness, and powerlessness. Additionally, having the label of a “criminal,” along with shame and fear of rejection after release, can damage their self-esteem and well-being.
The environment itself can also be harsh. Youth may be exposed to violence, bullying, or rigorous routines, all of which induce stress and vulnerability to depression. On top of this, incarceration disrupts critical developmental stages in adolescence, interfering with education, social relationships, and the ability to plan for the future. This disruption can lead to a deep sense of hopelessness and lack of purpose, making depression more likely. An estimated one out of six youth in Minnesota have an incarcerated or previously incarcerated parent, making parental incarceration one of the most frequently reported Adverse Childhood Experiences for this population (Minnesota Student Survey).
When a parent is incarcerated, many children believe that becomes their fate too. Having your role model in and out of facilities puts crucial parental contact at a halt. When the child is also locked up it becomes even less likely to have healthy contact. Unstable family structures become a huge factor for depression while incarcerated due to lack of communication and the question of whether youth will have a guardian to go home to when their sentence is completed.
Demographics of home living with children having parents that are in trouble with the law are typically dangerous and unstable. Many young people still trust their guardians and turn to hatred for police and the government for taking their parents away. This creates a stigma prior to their time in facilities, making many youth noncooperative at first, because they do not want to comply with the system that broke apart their families. Slipping into depressive episodes quickly, many do not feel safe in this untrusted environment (Pal). The ideal response to youth who have a mental illness is to not incarcerate them. In the meantime, it is crucial to continue providing services to youth that will not only allow them to receive treatment for mental illness but also allow them to thrive once they exit the justice system (Pyne).
We cannot overlook the mental health needs of our young people, particularly vulnerable youth under the care of our justice system.
