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Disposable children: The prevalence of child abuse and trauma among children prosecuted as adults in Maryland

children prosecuted as adults, Juvenile justice reform: Person with dark hair sits on steps behind bars with head in hands wearing orange jumpsuit
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Source

The Annie E. Casey Foundation and Human Rights for Kids

Summary

“This report details the results of a study on the prevalence of Adverse Childhood Experiences (ACEs) and childhood trauma among people incarcerated in Maryland state prisons for crimes they committed as children. While the number of children detained in the juvenile justice system has sharply declined over the past two decades, this promising trend leaves out a troubling fact: Children are still prosecuted in the adult criminal justice system in every state in the country. In Maryland, more children are charged as adults per capita than in any other state save Alabama. And Maryland ranks in the top five states for the percentage of its prison population that has been incarcerated since childhood.

To complete this report, researchers mailed ACE surveys to 882 people in Maryland who were incarcerated in adult prisons since childhood; 124 individuals responded. These responses indicated an average ACE score of 6.38 out of 10, and nearly 70% of respondents reported experiencing six or more ACEs prior to their incarceration. The most common ACEs identified in the responses were parental separation, household substance abuse, emotional and physical abuse and the incarceration of a household member.

The Repercussions of Childhood Abuse
Experiences of abuse, including physical, sexual and emotional, have profound and lasting effects on individuals. These traumatic events, when occurring as early as childhood, can set the stage for a lifetime of psychological, emotional and physical challenges. The repercussions of such abuse can be far-reaching, affecting every aspect of a person’s life — from their mental health and self-esteem to their relationships and ability to function in society. As people who have survived trauma grow up, the harm they experienced persists into adulthood and is strongly correlated with negative life outcomes.

Children’s Negative Interactions With the Adult Criminal Justice System
When children come before the justice system, they are often seen only in the context of the worst thing they have ever done. To better understand the causes of a child’s interaction with the justice system, the survey asked respondents about their most acute unaddressed needs prior to their incarceration. Responses varied but many themes emerged, including:
• insecure and unsafe living environments;
• no support system;
• insufficient communication about legal rights; and
• a lack of educational and mental health resources.

Report Recommendations
The report’s primary recommendation is that all cases involving children should begin in juvenile court. Further, the authors suggest that courts consider a child’s ACEs and trauma history at hearings and sentencing. Other recommendations include prohibiting the use of solitary confinement on children across all facilities and prohibiting the housing of children in adult jails and prisons. Recommendations also extend to practice, such as requiring training on ACE’s, how violence impacts child development and how to best engage with youth who have extensive trauma histories. These recommendations are intended for law enforcement, judges, prosecutors, defense attorneys, probation officers, service providers and facility staff. The report also identifies ways that public agencies could better support children’s home environments.”

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