Extending the long arm of the law: punishment and rehabilitation as motives of public support for handling violent juvenile offenders as adults

Public Perceptions of Juvenile Life Without Parole and Alternative Sentences: A Michigan Based Sample

“…This general belief that adolescents have the potential for rehabilitation and should not be subjected to long sentences is supported by a number of public opinion studies across the country. For example, a nationwide study found majority support for tax dollars being allocated to rehabilitative treatment and sentences of juvenile facilities compared to blended sentences (Applegate et al, 2022). In a different study conducted by the National Council on Crime and Delinquency, 90% of respondents believed that rehabilitation and treatment of adolescents can prevent further crime, and 70% believed that putting adolescents under 18 in adult facilities makes them more likely to commit future crimes (Krisberg & Marchionna, 2007).…”

“…Studies show that, in fact, the public typically supports rehabilitative objectives for adolescents as they find most are not beyond the point of redemption (Bolin et al, 2019; Moon et al, 2000; Pickett & Chiricos, 2012; Piquero et al, 2010). Moreover, not only are people in favor of rehabilitation-oriented treatment for adolescents who commit offenses, they are also willing to pay more taxes to support this goal in contrast to incarceration (Applegate et al, 2022; Piquero & Steinberg, 2010). For those who do support harsher sentences, their generalized opinions usually change when given more individualized information, such as crime type or crime details, often preferring less punitive punishments (Applegate & Davis, 2006).…”

Split Sentencing and the “Youth Discount” in Florida Criminal Courts

“…While a noteworthy limitation of the data analyzed in this study is that they do not allow for an assessment of court actors’ perceptions and cognitive attributions, the results nonetheless may suggest that judges hold some optimism for rehabilitative success among transferred juveniles, thus designating them as particularly suitable candidates for split sentences—including when this outcome constitutes an upward departure. Such a sentiment would correspond with broader public attitudes about the redeemability of youth offenders and general preferences for juvenile punishments that are focused on reform and correction (e.g., Applegate et al, 2022; Cullen et al, 2007; Piquero et al, 2010). Of note, though early scholarship expressed some skepticism regarding the effectiveness of split sentencing (MacKenzie & Shaw, 1993; Vito et al, 1985), some recent evidence from Florida suggests that post-release supervision is indeed associated with more favorable recidivism and employment outcomes than imprisonment alone (Clark et al, 2015).…”

“…While there are good theoretical reasons to expect that a “juvenile penalty” might emerge in adult court punishment, an alternative perspective suggests that transferred juvenile defendants may experience a “youth discount.” Research consistently reveals widespread public optimism about juvenile offenders’ rehabilitative potential (Mears et al, 2007; Piquero et al, 2010), and there is overwhelming support for “child saving” and lenient alternatives to adult court transfer for most youthful offenders (e.g., Applegate et al, 2022; Cullen et al, 2007; Miller & Applegate, 2015). Further, an expansive literature from developmental psychology suggests that adolescents have reduced criminal culpability (e.g., Cauffman & Steinberg, 2000, 2012), and considerations surrounding this issue may explain the relative leniency that younger juveniles experience across decision points within the juvenile justice system (e.g., Bryson & Peck, 2022; Leiber & Johnson, 2008; Leiber et al, 2016; Morrow et al, 2015).…”

Effective family‐based program options for justice‐involved youth

“…The rearrest rates for youth who have previously been incarcerated or on probation were as high as 50% to 80% across states over a 1–3‐year follow‐up period (Seigle et al., 2014). Although public opinion may begin to shift toward rehabilitation for youth who have committed violent offenses in the last decade, the sentiment for holding these youth accountable and that they should receive punishment instead of rehabilitation is still prevalent among public opinion (Applegate et al., 2023). It is crucial for legal professionals to be aware of more effective rehabilitative programs alternative to confinement for youth who commit offenses to acknowledge the special phase of adolescence and reduce the likelihood of future justice involvement (Feld, 2018).…”