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The W. Haywood Burns Institute (BI) is a nonprofit organization founded in 2001 in San Francisco, California, by James Bell, [1] [2] an attorney who represented incarcerated youth for 20 years. Bell named the BI after his friend and colleague, W. Haywood Burns, [3] [4] one of the founders of the National Conference of Black Lawyers, [5] the founding dean of the City College Urban Legal Studies Program, and the dean of the Law School at the City University of New York (CUNY).
The institute's mission is to reform juvenile justice systems across the country that disproportionately impact and incarcerate poor and youth of color. [6] It works to reduce the adverse impacts[ citation needed ] of public [7] and private youth-serving systems [8] by teaming up with experts across the country in fields including mental health, immigration, and schools. The institute works towards ensuring fairness and equity throughout the juvenile justice system by working in sites across the country to bring together officials from law enforcement, legal systems, child welfare, community leaders, parents, and children. They follow a data-driven, consensus-based approach to change policies, procedures, and practices that result in the unnecessary detention of low-offending youth of color and poor youth. [9]
The institute's primary program, the Community Justice Network for Youth (CJNY), focuses on building the capacity of local organizations to improve their programs and engage in policy work. Through CJNY, the BI has successfully worked in over 40 jurisdictions across the country, leading to positive outcomes in reducing racial and ethnic disparities in the juvenile justice system. [10]
The Sentencing Project is a Washington, D.C.-based research and advocacy centre working for decarceration in the United States and seeking to address racial disparities in the criminal justice system. The organisation produces nonpartisan reports and research for use by state and federal policymakers, administrators, and journalists.
School discipline relates to actions taken by teachers or school organizations toward students when their behavior disrupts the ongoing educational activity or breaks a rule created by the school. Discipline can guide the children's behavior or set limits to help them learn to take better care of themselves, other people and the world around them.
Incarceration in the United States is one of the primary means of punishment for crime in the United States. In 2021, over five million people were under supervision by the criminal justice system, with nearly two million people incarcerated in state or federal prisons and local jails. The United States has the largest known prison population in the world. It has 5% of the world’s population while having 20% of the world’s incarcerated persons. China, with four times more inhabitants, has fewer persons in prison. Prison populations grew dramatically beginning in the 1970s, but began a decline around 2009, dropping 25% by year-end 2021.
Recidivism is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, or have been trained to extinguish it. Recidivism is also used to refer to the percentage of former prisoners who are rearrested for a similar offense.
In the United States, the relationship between race and crime has been a topic of public controversy and scholarly debate for more than a century. Crime rates vary significantly between racial groups; however, academic research indicates that the over-representation of some racial minorities in the criminal justice system can in part be explained by socioeconomic factors, such as poverty, exposure to poor neighborhoods, poor access to public and early education, and exposure to harmful chemicals and pollution. Racial housing segregation has also been linked to racial disparities in crime rates, as black Americans have historically and to the present been prevented from moving into prosperous low-crime areas through actions of the government and private actors. Various explanations within criminology have been proposed for racial disparities in crime rates, including conflict theory, strain theory, general strain theory, social disorganization theory, macrostructural opportunity theory, social control theory, and subcultural theory.
Juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes committed by children who have not attained the age of majority. In most modern legal systems, children who commit a crime are treated differently from legal adults who have committed the same offense.
In criminal justice systems, a youth detention center, known as a juvenile detention center (JDC), juvenile detention, juvenile jail, juvenile hall, or more colloquially as juvie/juvy or the Juvey Joint, also sometimes referred to as observation home or remand home is a prison for people under the age of majority, to which they have been sentenced and committed for a period of time, or detained on a short-term basis while awaiting trial or placement in a long-term care program. Juveniles go through a separate court system, the juvenile court, which sentences or commits juveniles to a certain program or facility.
The Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) is a United States federal law providing formula grants to states that follow a series of federal protections on the care and treatment of youth in the juvenile justice and criminal justice systems.
The American juvenile justice system is the primary system used to handle minors who are convicted of criminal offenses. The system is composed of a federal and many separate state, territorial, and local jurisdictions, with states and the federal government sharing sovereign police power under the common authority of the United States Constitution. The juvenile justice system intervenes in delinquent behavior through police, court, and correctional involvement, with the goal of rehabilitation. Youth and their guardians can face a variety of consequences including probation, community service, youth court, youth incarceration and alternative schooling. The juvenile justice system, similar to the adult system, operates from a belief that intervening early in delinquent behavior will deter adolescents from engaging in criminal behavior as adults.
Race in the United States criminal justice system refers to the unique experiences and disparities in the United States in regard to the policing and prosecuting of various races. There have been different outcomes for different racial groups in convicting and sentencing felons in the United States criminal justice system. Although prior arrests and criminal history is also a factor. Experts and analysts have debated the relative importance of different factors that have led to these disparities.
The United States incarcerates more of its youth than any other country in the world, through the juvenile courts and the adult criminal justice system, which reflects the larger trends in incarceration practices in the United States. In 2010, approximately 70,800 juveniles were incarcerated in youth detention facilities alone. As of 2006, approximately 500,000 youth were brought to detention centers in a given year. This data does not reflect juveniles tried as adults. As of 2013, around 40% were incarcerated in privatized, for-profit facilities.
The War on Drugs is a term for the actions taken and legislation enacted by the US federal government, intended to reduce or eliminate the production, distribution, and use of illicit drugs. The War on Drugs began during the Nixon administration with the goal of reducing the supply of and demand for illegal drugs, but an ulterior racial motivation has been proposed. The War on Drugs has led to controversial legislation and policies, including mandatory minimum penalties and stop-and-frisk searches, which have been suggested to be carried out disproportionately against minorities. The effects of the War on Drugs are contentious, with some suggesting that it has created racial disparities in arrests, prosecutions, imprisonment, and rehabilitation. Others have criticized the methodology and the conclusions of such studies. In addition to disparities in enforcement, some claim that the collateral effects of the War on Drugs have established forms of structural violence, especially for minority communities.
David Onek was the former executive director of the Northern California Innocence Project at Santa Clara University School of Law. He formerly served as Senior Fellow and founding Executive Director at the Berkeley Center for Criminal Justice. He is also the host of the Criminal Justice Conversations Podcast. In 2011, Onek ran unsuccessfully for District Attorney of San Francisco.
The New Jim Crow: Mass Incarceration in the Age of Colorblindness is a 2010 book by Michelle Alexander, a civil rights litigator and legal scholar. The book discusses race-related issues specific to African-American males and mass incarceration in the United States, but Alexander noted that the discrimination faced by African-American males is prevalent among other minorities and socio-economically disadvantaged populations. Alexander's central premise, from which the book derives its title, is that "mass incarceration is, metaphorically, the New Jim Crow".
In the United States, the school-to-prison pipeline (SPP), also known as the school-to-prison link, school–prison nexus, or schoolhouse-to-jailhouse track, is the disproportionate tendency of minors and young adults from disadvantaged backgrounds to become incarcerated because of increasingly harsh school and municipal policies. Additionally, this is due to educational inequality in the United States. Many experts have credited factors such as school disturbance laws, zero-tolerance policies and practices, and an increase in police in schools in creating the "pipeline". This has become a hot topic of debate in discussions surrounding educational disciplinary policies as media coverage of youth violence and mass incarceration has grown during the early 21st century.
The Covenant with Black America is a 2006 political, non-fiction book edited by the American talk-show host and writer Tavis Smiley. Its theme is power relations between Black and White Americans. In 2006, the anthology was listed as The New York Times' number one bestseller. Smiley has stated that this was one of his goals for the book and by placing on the list it would make people discuss the book and its contents, as it would "force everyone to talk about it".
Incarceration prevention refers to a variety of methods aimed at reducing prison populations and costs while fostering enhanced social structures. Due to the nature of incarceration in the United States today caused by issues leading to increased incarceration rates, there are methods aimed at preventing the incarceration of at-risk populations.
Criminal justice reform seeks to address structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism. Reforms can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, sentencing and incarceration. Criminal justice reform can also address the collateral consequences of conviction, including disenfranchisement or lack of access to housing or employment, that may restrict the rights of individuals with criminal records.
The Public Welfare Foundation distributes grants to organizations it believes it can contribute to reform. It has distributed more than $540 million in aid to 4,700 organizations. In 2013, it had total assets of $488.2 million and total giving of $20.2 million. Its average grant size is $148,324. These grants are awarded for both general and project support, but not for individuals, direct services, international projects, or endowment campaigns.
Linda A. Teplin is an American behavioral scientist and public health researcher. Her research focuses on the interface between mental health and the criminal justice system, criminalization of the mentally ill, and mental health needs and related health outcomes of incarcerated populations, including those in juvenile detention, jails, and prisons. Many of her published papers investigate the prevalence of psychiatric disorders, mortality, patterns of crime victimization, health service utilization, disproportionate incarceration of minorities, and HIV/AIDS risk behaviors. Her research has provided the empirical basis for changes in public health and criminal justice policy.