5002-Policy Analysis

Policy Analysis: The Juvenile Justice Delinquency and Prevention Act (JJDPA) Student’s Name Institution Course Number and Name Instructor’s Name Date Policy Analysis: The Juvenile Justice Delinquency and Prevention Act (JJDPA) The main policy relevant to addressing the racial disparities that characterize the people of color's interaction with America's juvenile justice system (JJS) is the Juvenile Justice Delinquency and Prevention Act (JJDPA). The policy has undergone significant amendments since its formation, with the Healthcare Reform Act of 2018 being the latest adjustment (US Congress, 2018). Although the initial act enacted in 1974 failed to incorporate racial equity provisions, the recent amendments have integrated mechanisms to address the disproportionality of the involvement of America’s youth of color with the JJS. This paper examines the development of the JJDPA, its effectiveness and feasibility, and the policy constraints limiting its impact on youth of color. The Development of the JJDPA The history of America's Juvenile Justice System (JJS) can be traced back to the mid-1600s during the Puritan Era (Washington et al., 2021). The replication of the “poor laws” by colonists as they settled in the US meant that delinquent children were placed in forced labor (Washington et al., 2021). During the Refuge Era (1824-1899), jurisdictions sought to develop separate institutions such as reform schools and refuge houses for juveniles. Unfortunately, during this period, black children were not “worthy enough” to possess the right to be admitted into refuge houses (Washington et al., 2021). Between 1899 and 1960, reform efforts sought to set up a separate court system for juveniles because of the belief that environment shapes children and, therefore, rehabilitation rather than punishment should be encouraged. At this point, the justice system recognized that it had a responsibility to protect and mold children to become responsible citizens (Washington et al., 2021). However, the period was characterized by discrimination against black children who were sent to prisons while white youth joined rehabilitation centers. The JJPDA of 1974 was enacted in a period when juvenile justice was shifting from a rehabilitative approach to a punitive approach (Washington et al., 2021). In addition, during this period, black youth were increasingly being charged as adults and, at the same time, receiving harsher treatment in the JJS. In 1986, Dr. Ira Schwartz testified before a House Subcommittee that youth of color were being held in custody disproportionately compared to the crimes they committed (McCoy & Pearson, 2019). This marked a significant moment as efforts to reduce disproportionate minority contact (DMC) began taking shape. Investigations in 1987 revealed that youth of color’s incarceration rates were up to four times more than white youth’s (McCoy & Pearson, 2019). Although amendments to JJDPA in 1988 and 2002 sought to reduce DMC, their effectiveness has been limited. Recently, the Healthcare Reform Act of 2018 rephrased DMC to Racial and Ethnic Disparities (RED) and required states to set up mechanisms and processes to reduce the involvement of minority youth with the JJS (Congress.gov, 2018). The effectiveness of the latest amendment has not yet been fully determined. A key goal of JJDPA is to support programs at local and state levels that seek to prevent young people from engaging in delinquent behaviors (US Congress, 2018). The policy also helps local, state, and tribal governments to solve juvenile crime by providing research, training, and provision of relevant information regarding evidence-based interventions to implement. The main program under JJDPA is the Formula Grants Program, which incentivizes states to implement strategies to prevent juvenile delinquency. It is important to recognize that the policy created the Office of Juvenile Justice and Delinquency Prevention (OJJDP), which, apart from the Formula Grants Program, oversees other services such as Youth Reentry and Family Engagement and Runaway and Homeless Youth initiatives (US Department of Justice, 2019). Despite JJPDA having such a long history and a multitude of pro...