Kansas Governor Brownback Rethinks Juvenile Offenders

The highly punitive nature of our criminal justice system poses concrete policy challenges in the form of prison overcrowding and underfunding. The lack of space and resources to accommodate the ever-growing inmate population also sheds light on a slew of ethical considerations.

Most concerning, perhaps, is evidence suggesting that exposure to the environment inside the prison system actually exacerbates the problem of recidivism (The Prison Journal).

A school of thought has grown in prominence that suggests that inmates’ exposure to life within the prison system actually increases the likelihood of future acts of criminality and antisocial behaviors. Supporters of this theory posit that exposure to negative environments within prisons obstructs the goal of inmate transition and reentry into society.

This theory of the role of the negative environmental impact is by no means new, but the culmination of social factors and a crisis of resources has spurred Kansas Governor Brownback to act.

Back in April, Governor Brownback signed a bill attempting to restructure the criminal justice system in Kansas to embrace a more rehabilitative objective – at least for juvenile offenders. The bill would redirect a portion of low-level juvenile offenders to programs that are rehabilitative and/or vocational in nature, in response to the theory that incarceration can actually promote the emergence of negative behaviors and antisocial personality traits.

Virginia federal criminal attorney Farral Haber commented, “This approach in Kansas is a good example of an alternative that addresses the causes of recidivism rather than fosters recidivism among low-level juvenile offenders. “

Now, rather than risk the continued exposure of Kansas’ youthful offenders to an environment that might be playing a role in the high rate of recidivism, Kansas will be making an effort to implement interventions that promote alternative, pro-social trajectories for these youths instead.

While the age-old debate between ‘Nature vs. Nurture’ is, in many ways, a gross oversimplification of a much greater issue, strikingly high rates of recidivism have propelled the issue into the spotlight. It is no secret that a large portion of the prison population consists of repeat offenders that have served time before; but statistically speaking, the Bureau of Justice Statistics calculated the rate of recidivism as being as high as 51% within three years of being released, and other estimations’ figures are even higher.

This figure is simply astounding: if, upon serving his or her prison sentence, over half of all parolees end up back in prison within three years, some serious reform of the criminal justice system is needed (namely, any type of policy to address and remediate the source of criminality).

Should this treatment-oriented approach to criminal justice stick, it could be absolutely groundbreaking for our criminal justice system. Sure, the number of juvenile inmates will reduce immediately – and if evidence is correct – over the long term as well.

But this recent policy move is indicative of an even more important shift that could be taking place – one in which the social perception of inmates changes considerably.

Should we adopt treatment-oriented responses towards offenders, we could be taking significant steps towards de-stigmatizing this marginalized and disenfranchised subset of our population. And decreased stigma of offenders is absolutely imperative if we truly hope to rehabilitate the maladjusted portions of our population and to prepare them for social re-entry.

Social progress dictates that America adopt a more evolved and solution-focused approach on crime. True – perhaps it was a crisis of resources and funds that has catalyzed this social change, but it is certainly a step in the right direction. Investing resources into assisting our nation’s youth – rather than simply detaining and stigmatizing them – is paving the way for a more pro-social trajectory over the long term, as well.

Expectations shape outcomes – particularly where adolescents are concerned – and constructive intervention, as early as possible, is highly effective in a statistically significant way (OJJDP). Furthermore, investing resources into the mental health and social service sectors is preferable to reinforcing the for-profit prison industry.

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