rayiner
8 hours ago
I wish people would stop using the word “child” in an effort to minimize criminal behavior by young adults. A 16 or 17 year old isn’t a “child.” The Marquis de Lafayette and James Manor were just 18 when the revolutionary war started. Societies going back to ancient times ascribed significant responsibility to teenagers. And in modern times, there is a scientific basis for distinguishing between adolescents and children when it comes to brain development. Historically, adolescents were treated like adults.
The article’s focus on moral culpability also overlooks the key purpose of the justice system: protecting society from criminals. In that respect, the age actually creates a bigger risk. People who start engaging in criminal conduct at an earlier age more likely to engage in criminal behavior as adults: https://nij.ojp.gov/topics/articles/youth-justice-involvemen... (“Continuity of offending from the juvenile into the adult years is higher for people who start offending at an early age, chronic delinquents, and young people who commit violent offenses.”). If you look at the curve of when violent conduct occurs, it peaks from ages 13-25. And it’s actually about as high at age 13 as it is at age 25, with the peak around 18-19.
A more rational and less emotional sentencing system would be harsher on teenage offenders while reducing sentences overall. If someone is committing violent crimes at age 15, that signals an increased risk of violent criminality for the next decade. Short sentences will mean that person will keep victimizing society repeatedly over that period. On the other hand, multi-decade sentences are counter productive. Violent criminality drops sharply after age 40.
seanmcdirmid
8 hours ago
Young people have a much higher chance of reforming if society puts some effort into it. Juveniles especially need to be put on the right track somehow. Ignoring the problem is definitely not the answer, but neither is focusing on punishment rather than rehabilitation.
rayiner
2 hours ago
Citation needed on that first point. I think the evidence shows the opposite. People who start committing crime earlier are more likely to simply be bad people rather than people who happened to be in bad circumstances.
soulbadguy
8 hours ago
> focusing on punishment rather than rehabilitation.
punishment is a prerequisit to rehabilitation
y0eswddl
6 hours ago
no, it's not. consequences are. and we don't need to hurt people to get accountability.
mcmoor
5 hours ago
> I wish people would stop using the word “child” in an effort to minimize criminal behavior by young adults. A 16 or 17 year old isn’t a “child.”
This reminds me of a horrific study (that keeps getting repeated over and over!) that claims that child death rate of covid is actually not as low as people thought. Then it turns out that their definition of child is 0-18, and in the data there's a really sharp turn in death rate for age <10, precisely what people already thought.
rendx
6 hours ago
> A more rational and less emotional sentencing system would be harsher on teenage offenders
This does not align with my understanding of the research, e.g. https://www.annualreviews.org/content/journals/10.1146/annur... ?
> "Unfortunately, so far, the existing empirical work has not had a central place in policy, legislation, and political discourse (Loughran 2019, Nelken & Hamilton 2022). Unsurprisingly, scholars have been frustrated that their insights on, for instance, the inconclusive evidence for the deterrent effect of incarceration on violent crime or the evidence that treatment can help to rehabilitate have not had sufficient impact (Cullen et al. 2011, McGuire 2013).
> Empirical research has failed to sway policymakers and political leaders for many reasons, too many to cover fully here. For instance, one can broadly think about high levels of punitiveness in certain cultures and jurisdictions, such as the American context (Kleinfeld 2016, Muenster & Trone 2015). Moreover, there has been a penal populism where politicians have sold the public on a simplistic discourse that they need and want strict punishment against crime (Roberts et al. 2003, Windlesham 1998). Added to this is the discriminatory and racist framing of crime as part of a dog-whistle political strategy (Haney-López 2015). Another problem is a more general aversion to science, and a populist politics that drives on simplicity instead of nuanced, evidence-based policy (Huber et al. 2022). These headwinds foster a more challenging set of conditions not just for altering policy but even for the bare minimum of having robust and legitimate conversations about effective and ineffective punishment."
Or, for a lengthier investigation and many citations and projects, https://www.barnesandnoble.com/w/the-end-of-violence-gary-sl... ?
("Twenty-five years ago, I sought out Gary Slutkin while searching for a solution to the gun violence we experienced in Los Angeles. I got far more than I hoped for. The methods he describes in his groundbreaking new book helped reduce our gun violence to historic lows and save thousands of lives.”—Charlie Beck, former chief of police, Los Angeles Police Department")
rayiner
2 hours ago
As I understand it, the research you’re talking about is about the potential deterrent or rehabilitative effect of punishment. I’m talking about the effect of removing people from society during the ages when they are most likely to commit violent crime.
soulbadguy
8 hours ago
> I wish people would stop using the word “child” in an effort to minimize criminal behavior by young adults. A 16 or 17 year old isn’t a “child.” The Marquis de Lafayette and James Manor were just 18 when the revolutionary war started. Societies going back to ancient times ascribed significant responsibility to teenagers. And in modern times, there is a scientific basis for distinguishing between adolescents and children when it comes to brain development. Historically, adolescents were treated like adults.
Looking at the past for wisdom on how to treat young adult/people is very dangerous...
> People who start engaging in criminal conduct at an earlier age more likely to engage in criminal behavior as adults
this is not quite what the citation means. I am also very curious on how these study correct for cofactors .People who start a life of crime early are probably not comming from the best conditions in term of life circonstances. Which in it self is also a strong predictor.
> A more rational and less emotional sentencing system would be harsher on teenage offenders while reducing sentences overall.
No, that would be the fear based emotional response. The ration response would be to simply measure whether or not harsher sentencing have a better outcome. Instead of prehemtively jailing people based on dubious stats.
bsder
8 hours ago
> The article’s focus on moral culpability also overlooks the key purpose of the justice system: protecting society from criminals.
I do NOT concede that as the KEY purpose. And when you call "protecting society from criminals" the key purpose of the justice system you wind up with the horribly broken mess that is the US justice system.
Yes, A purpose of the justice system is to remove from society those who cannot be trusted.
But another purpose of the justice system should be to rehabilitate those who can be. And the US justice system is HORRIFIC at that. If anything, the US justice system is a net negative on rehabilitation. The way the US system throws everybody together does more to let old criminals teach new ones their tricks than any improvement from any rehabilitation program can counteract.
rayiner
23 minutes ago
> Yes, A purpose of the justice system is to remove from society those who cannot be trusted
Agreed.
> But another purpose of the justice system should be to rehabilitate those who can be
Why? Especially if it comes at the expense of the first purpose?
JuniperMesos
8 hours ago
Protecting society from criminals (or the violently and severely mentally-ill) is the only function of incarceration that is guaranteed to work. I agree with you that the US justice system is horrific at rehabilitating those who can be rehabilitated - but we don't really have a good understanding of what specific people can and cannot be rehabilitated, or how to go about actually effectively doing the rehabilitation.
Whereas someone who has committed 30 petty thefts and then gets arrested, locked in a cage, and guarded by armed agents of the state, is extremely unlikely to commit another theft as long as he remains locked in the cage.
And he's also extremely unlikely to get shot to death by e.g. a store owner trying to protect his property from theft - another important function of the criminal justice system is protecting criminals from ordinary people using violence against criminals in order to protect their own lives or property.
magicalhippo
7 hours ago
> Protecting society from criminals (or the violently and severely mentally-ill) is the only function of incarceration that is guaranteed to work.
However in most cases the incarceration is used as punishment, with the length is related to the seriousness of the crime rather than the likelihood for repeating offenses.
Here in Norway we explicitly separate this, where most sentences are punishment, but some are explicitly for protecting society. In the latter case there is technically no end, just a minimum time and after that periodic reviews to determine if the person still poses a sufficient threat.
It's technically classified as a punishment due to legal reasons, like ensuring human rights and due process are respected.
soulbadguy
8 hours ago
> Whereas someone who has committed 30 petty thefts and then gets arrested, locked in a cage, and guarded by armed agents of the state, is extremely unlikely to commit another theft as long as he remains locked in the cage.
How does that help, if after incarceration that person become a much hardened criminal both because of the lack meaning pathway to integration, and you know spending years locked up with the worst of society.
> but we don't really have a good understanding of what specific people can and cannot be rehabilitated, or how to go about actually effectively doing the rehabilitation.
Then let's work on that.
mcmoor
6 hours ago
The theory is that people commit most of their crimes in their prime age of ~15-30. If you lock someone until out of that age, their crime rate will go down on their own. Whether or not this is cruel is another discussion.
This is actually a problem for rehabilitation studies, since now they have to sanitize this effect out of their data on how much rehabilitation treatment actuality works. This and other flaws have tainted some claims that a rehabilitation process is successful.
https://www.astralcodexten.com/p/prison-and-crime-much-more-...
user
2 hours ago
bsder
8 hours ago
> Protecting society from criminals (or the violently and severely mentally-ill)
And this is another problem--your "justice system" should NOT be where you place your mentally-ill--they belong in a (possibly secure) medical facility and not with rank-and-file criminals. This is yet one more issue with the US system.
JuniperMesos
7 hours ago
A secure medical facility is basically the same thing as a prison, as far as the people compelled by the state to remain there are concerned.
watwut
7 hours ago
It is not nearly the same.
05
6 hours ago
> The Marquis de Lafayette and James Manor were just 18 when the revolutionary war started.
And Thomas “all men are created equal” Jefferson raped his slaves[0], and then enslaved the resulting children, but we don’t do that nowadays either, because I guess some things changed since 200+years ago?
[0] https://en.wikipedia.org/wiki/Thomas_Jefferson_and_slavery