Gender-Specific Issues in the Juvenile Justice System
Date:  09-01-2010

Criminal justice center calls for a major overhaul
Traditionally, in both adult and juvenile correctional facilities, the majority of inmates have been male. Today, males still comprise the majority, but females are quickly rising in numbers. A brief presented by the Berkley Center for Criminal Justice (BCCJ) in August outlines the differences between males and females in the juvenile justice system. The BCCJ studied juvenile crimes and incarceration in California, but relied on studies in other states, also.

Investigating different types of crimes, the BCCJ discovered that felony charges for girls were most often for car theft, burglary and other forms of theft, rather than for a violent crimes. For misdemeanor assault cases, the victim of a girl was usually a member of her family, while juvenile boys more often victimized strangers.

The brief, Gender Responsiveness and Equity in California’s Juvenile Justice System , relates that 75 percent of girls declared that they were victims of physical abuse, and 46 percent claim that they were sexually abused. Running away from home is the first “crime” many girls are charged with, even if the home they are running away from houses their sexual abuser. The brief also states that substance abuse by girls is often a sign that the girls are ‘internalizing” their response to living in the midst of a dysfunctional family.

Mental health problems plague girls in the juvenile justice system. Depression, post traumatic stress disorder, and anxiety disorder are some of the issues that girls face. In Ohio, the brief states, girls in the system more often than boys, have tried to harm themselves. Twenty-five percent of juvenile residential facilities for girls house at least one pregnant girl , and almost the same percent do not have provide obstetric care.

Like their older, female, counterparts in the criminal justice system, girls are often sent to a facility or program designed for males. In California, as in many states, gender-specific programs are geared toward males. Because of the scarcity of female facilities or programs, girls are more likely to be sent far from their communities, making family connections more difficult. Gender Responsiveness and Equity in California’s Juvenile Justice System suggests several ways that the system can be transformed. These recommendations include: training staff to be responsive to girls’ needs; using risk-assessment tools appropriate for girls; providing community-based programs, especially those that offer an alternative to incarceration; hiring medical and metal health staff with backgrounds in treating gender-specific illnesses, and furnishing the facilities with appropriate equipment; and eliminating policies that have the potential to re-traumatize girls in custody.

Because of financial constraints, most states, including California, will be unable to immediately implement some of the recommendations put forth by the BCCJ, but because gender-specific issues in the criminal justice system are finally being addressed, change is on the horizon.