The Ethics of the United States Juvenile System
Introduction
Duc is a 16 year old Asian-American teen who grew up an underprivileged neighborhood growing up. When Duc reached high school, daily gang members came up to him daily asking him to be apart of their gang, he refused. One day, like many teens his age, Duc was driving some of his friends in their neighborhood: things take a turn for the worst and Duc’s friend has a gun pointed outside the car window. This person fired four shots, luckily hitting no one. Even with no prior arrests or marks on his record, Duc was arrested, tried as an adult and found guilty of first degree attempted murder.[1]
Today in the United States there are weekly cases just like Duc’s. Even though the United States Juvie system was created to keep youth out of adult jails, today it incarcerates thousands of youth in adult jails. Citizens of the United States are made to believe something has gone terribly wrong with our youth today. Daily the media produces images and stories of youth who have robbed, raped or killed innocent victims. Despite the media’s depiction of youth crime, it has dropped 41% in the last few years. [2] Yet, stricter laws are being created to put youth behind bars and keep them there.
There is an injustice to the system of youth crime and “Juvies.” There is now psychological, neurological, and sociological evidence that suggests that adolescences should not be allowed to be tried as adults, yet they are today. While nay-sayers believe the evidence is not conclusive enough to change United States laws, the research continues to pour in and prove them wrong. It is in times like this that we need prophets to stand up and change this system of injustice, to set an oppressed people free.
Adolescence
The emergence of adolescence in the late nineteenth century Western culture, has caused adolescence to be a topic of much conversation and research.[3] At the top of this list is the moral development of adolescents. Psychologists and sociologists alike have been intrigued by this mind-boggling, ever-changing, period of time in a person’s life. In 1908 Arnold van Gennep called this process, which we now know as adolescence, “rite of passage.” Gennep suggested there are three important elements to this “right of passage:” separation from the old status, transition, and incorporation into the adult community.[4] The process of a child transitioning into the adult community is now referred to as individuation; when a person’s idea of their identity, autonomy, and belonging are formed.
Since its emergence adolescence has lengthened from lasting from age 14 to 18, to as many as 12 plus years, from ages 11or 12 to 24 plus. The lengthening of adolescence is because psychologists believe adolescence begins in puberty and ends in one’s culture context.[5] With the growth of adolescence, scientists noticed three stages of adolescence emerging in the early 1990s; these stages are called Early-Adolescence 11 to 14, Middle-Adolescence 15 to 19, and Late Adolescence 19 to 25. With the emergence of these new stages of adolescences came a new characteristic of these stages of life. During these stages of life adolescence are characterized different by their cognitive development. Early Adolescence is characterized by concrete thinking meaning that they care just about themselves. Middle Adolescence is characterized by ego-centric abstraction, realizing that they affect others but do not care. Late-Adolescents is characterized by abstract thought, realizing that the “I” and “thou” exist and they care about the “I” “thou” relationship.[6]
Adolescent Brain Development
Research on adolescent brain development is relatively new. In 1962 Hubel and Wiesle and in 1992 Kuhl, Williams, Lacerda and Stevens showed sensory regions of the brain go through development in the early stages of human life and that it is unlikely that the human brain might continue to undergo change after early childhood.[7] It was not until the 1970s and 1980s that studies stared to suggest the human brains might continue to develop in the prefrontal cortex into adolescents.[8]
Two changes revealed in the human brain before and during adolescence; as neurons develop there is a layer of myelin that is formed around their extension from the supporting glial cells. Myelin acts as an insulator, increasing the speed of transmission of electrical impulses from neuron to neuron 100 fold. The sensory and motor skills region of the brain become fully myelinated during the first few years of life, yet while the brain tissue volume remains stable; axons in the frontal cortex continue to be myelinated into adolescence. The studies suggest that transmission speed of neural information in the frontal cortex increases throughout childhood and adolescence.[9]
The second difference in the brain of pre-pubescent children and adolescents suggests changes in synaptic density in the prefrontal cortex. During development, the intricate network of connections between neurons significantly changes. Peaks of synaptic density followed by periods of synaptic elimination or pruning happen. During this process connections are strengthened and infrequent connections are eliminated, based on experience. During adolescence this pruning occurs mostly in the frontal lobes. The brain does this in order to fine-tune its functional networks enabling remaining synaptic circuits to be more efficient.[10]
The invention of Magnetic Resonance Imaging (MRI) allowed for scientists to create 3-D images of the brain, permitting them to further study the human brain during people’s lifetimes. Studies have since begin in which scientists have studied individuals throughout their childhood and adolescent development. One such study is underway by Dr. Jay Giedd, Chief of Brain Imaging in the Child Psychiatry Branch of the National Institute of Mental Health. Giedd has spent the past 13 years studying 1,800 children’s and adolescents brains through the use of the MRI. Giedd has build a record of brain development within children and adolescents enrolled in his study, following youth up to the age of 25.
Giedd’s study has helped to prove early brain research studies, like the ones discussed above. Giedd has found that between the ages of 6 and 12, the neurons grow outward connecting to other neurons and creating new pathways for nerve signals. With this growth the gray matter in the frontal lobe of the brain increases. The gray matter of the frontal region of the brain peaks in girls at approximately age 11 and in boys around 12 ½.[11] After peaking the frontal gray matter becomes thinned out at a rate of 1% per year until the early 20’s.[12] At the same time the white matter of the frontal lobe of the brain thickens. White matter is comprised of myelin sheaths that enclose axons. During this process the human brain as mentioned above, prunes away unneeded mass, while making existing connections quicker and more efficient.[13] Ruben Gur of the University of Pennsylvania in Philadelphia suggests that until this process is complete the frontal lobe of the brain is not fully developed.[14]
Gur states, “The frontal lobe of the brain controls the impulses coming from other parts of the brain…if you’ve been insulted, your emotional brain says, ‘kill,’ but your frontal lobe says you’re in the middle of a cocktail party, so let’s respond with a cutting remark.”[15] Studies suggest the frontal lobe of the brain is responsible for functions such as self-control, judgment, emotions, and organization.[16] This is one reason adolescents do not understand conceptual argument that seem logical to adults. Another study by Beckman, came to the same conclusion as Gur did. Beckman concluded that the prefrontal cortex didn’t blaze in teens as it did in adults, suggesting the brain regions that process emotions and risk awareness are not fully developed in adolescents. This suggests that adolescents are more prone to erratic behavior than adults are.[17] An article titled, “Teen Brains on Trial,” by Bruce Bower states that “the last part of the brain that develops is the prefrontal cortex, where planning setting priorities, organizing thoughts, suppressing impulses, and weighing consequences…” occur.[18]
As the brain matures it slowly reorganizes how it integrates information coming from differing regions. As the brain develops it switches from relying heavily on local regions in childhood, to distributing and collaborating its interactions among distant regions of the brain in adulthood.[19] Studies suggest that because adolescents cannot use the frontal lobe of their brain, because is not fully developed, the body copes by using other parts of the brain. For instance, when processing emotions adolescents rely heavily more on the amygdala, a structure located in the temporal lobes which processes emotions and gut reactions; while adults rely less on the amygdala and more on the frontal lobe.
Despite all the research and findings that prove adolescent brains do not allow adolescents to make decisions that adults can many psychologists like Harvard University’s Jerome Kagan, as well as other professionals, still believes there is not enough evidence to change existing legislation that allows for adolescents to be tried as adults. While Kagan confesses this is a matter of ethics, he believes something about an adolescent’s cultural context must be critical. While Kagan makes a good argument, their must be some reasons why some adolescents can control their acts without a fully developed frontal lobe; Kagan is naïve to reject a change in legislation because the role that ones’ cultural context might play a role in their ability to make decisions. Research shows it is obvious that brain development plays a large enough role to make some waves toward legislation reform yet, for argument’s sake social context and moral development must also be considered.
Moral Formation in Adolescents
Development of each individual is an essential process. As a person develops through childhood and adolescence there are events, relationships, and decisions that can affect the development. During adolescence one goes through the process of individuation. Chap Clark, who is associate professor of youth, family and culture at Fuller Theological Seminary, suggests that one does not pass through adolescence until one become individuated.[20] It is during this process of individuation that one’s morals become joined to who they are as an individual.
Daniel Hart of Rutgers University and Gustavo Carle of the University of Nebraska-Lincoln suggest in their study entitled “Moral Development in Adolescence” that moral life develops during adolescence more than it does during the rest of childhood.[21] Bernard Williams believes that when forming ones moral philosophy, one seeks to answer three questions: What is the right thing to do? What is the best possible state of affairs achieved? What qualities make for a good person?[22] These questions are tied to a person’s beliefs, attitudes, and values.
Clark argues that it is ones beliefs, attitudes and values that influence an individual’s Practical Conscience.[23] This level of consciousness is responsible for decisions made through mapping. The human brain maps certain decisions unconsciously, when these same decisions are made again your brain automatically goes to your previous mapped decision. If one’s belief, attitudes and values are altered then ones morals are changed and therefore so are one’s conscious decisions. Yet, as Kagan suggest, since one’s believes, attitudes, and values are tied to the social and cultural context of an individual then one’s social context has to affect their moral development as Kagan suggests.
Social Context and Moral Development in Adolescents
The sociological state of adolescent today is totally different then the sociological state of adolescents 20 years ago, when many adults who create legislation were adolescents. Clark conducted one of the largest direct studies of mid-adolescents in the history of the United States; after conducting this study he detailed his finding in a book called, Hurt: Inside the World of Today’s Teenagers. Chap suggests that today’s adolescents have been systemically abandoned by adults in today’s world. He states, adolescent “abandonment has created an environment in which Mid-Adolescents believe that they are on their own; they pull away from the adult world.”[24] The result of this is that youth all over the world have created their own system of safety mechanism which he calls “the world beneath,” in order to get themselves through adolescence the best they can. Clark believes that there are three major issues related to “the world beneath;” first, adolescents naturally believe they have no other choice but to create their own world to survive. Secondly, because Mid-Adolescents are emotionally and relationally starved, the most important thing they need is a relationally-focused home. Thirdly, Mid-Adolescents have the ability to band together in a way that satisfies their longing for relationships with others as they try to navigate through adolescents.[25]
David Elkind believes, like Clark, that something is desperately wrong with our youth and family structure today. Elkind believes that our culture and family systems have ”stressed out” our youth. We have not been devoted to meeting the needs our youth today because of the world we have created for our children and adolescents is ruled by consumerism, busyness and neglect. Even our families have become “stressed,” stuck in a circular parade of issues that are created by culture and are creating our culture. Our own culture is making it harder for us to recover from our current state. [26]
Urban areas of our country are in an even worse state. Elijah Anderson, the Charles and William L. Day Professor of the Social Sciences at the University of Pennsylvania, believes the state of our urban areas have become so bad because of the systemic depravity of individuals who live in urban area receive. They exist in a state of their own law, which he calls, “the code of the street.” This systemic depravity is created by racism, consumerism, capitalism, and the selfishness of our current culture. It is by the “code of the streets” that individuals govern themselves and allow themselves to be governed.[27] This “code” is so dominating that individuals in urban areas have convinced themselves they cannot escape it. The individuals that do believe they can escape believe they have to do so by their own “boot straps.”
The findings of Clark, Elkind, and Anderson all agree the one thing that youth today need to get out of these current situations are adults. In a study on adolescent development Laurence Steinber of Temple University and Amanda Sheffield Morris of Arizona State University find that adolescents with supportive families are more socially competent and have more positive friendships. This same research also shows that adolescents with less supportive families are influenced more by peers, especially during Mid-Adolescence.[28]
Contrary to studies such as these, things are not getting any better. Kagan was accurate; something in our adolescents’ cultural context is affecting their development. Our adolescents are in the worst state then they have ever been. Yet, like brain research, studies on adolescent sociology and adolescent cultural context have not affected how our legal system approaches crime and adolescents. Adolescents are still being tried as adults, furthering our systemic abandonment of adolescents. It is clear this treatment of adolescence is ethical wrong.
The Church’s Response
There is something ethically wrong about the way the legal system trying adolescents as adults. Despite all of the brain and sociological research proving that trying adolescents as adults is unethical, little change has occurred. The people of this country and the church within the U.S. have just stood by watching, or not caring enough of listen. This needs to change, especially within the U.S. church. When looking at the life of Jesus we can see a person who stood up against the systems of injustice. Jesus came to proclaim a message of freedom saying, “[God] has anointed me to bring good news to the poor. He has sent me to proclaim release to the captives and recovery of sight to the blind, to let the oppressed go free (Luke 4:18).”
The Church should take the role that Jesus did, proclaiming the “good news” of freedom. In times like these, I am reminded of Israel during the time of Amos. Through the prophet Amos God declared, “…you have turned justice into poison and the fruit of righteousness into wormwood (Amos 6: 12).” Again the prophet proclaims, “Hear this, you that trample on the needy, and bring to ruin the poor of the land (Amos 8:4).”
Conclusion
In this land, during this time, we have “turned justice into poison.” We “trample on the needy, and bring to ruin the poor of the land.” In this system we have created, it is our adolescents that we have made the poor and the oppressed. It is an injustice that we are trying those who we shouldn’t as adults; life-imprisonment for nothing more than driving a friend down the street. Adolescents are not in a developmental or sociological place where this is practical. We have not only systemically abandoned them but we now mistreat those in need. Nothing will change in this system unless someone stands up. We as the church must become like the prophets of old. We must hear the word of God and stand against injustice that tries to encircle us. It is not only our duty to be these prophets, it is our calling.
[1] Neale, Leslie. Written and Director. Densmore, John & Wahlberg, Mark. Executive Producers. Director. Juvies: What Some Kids Face Behind Bars is a Crime, 2004 Chance Films
[2] (Neale, Juvies, 2004)
[3]Clark, Chap. Hurt: Inside the World Of Today’s Teenagers. (Grand Rapids, MI: Baker Academic, 2004), 25.
[4] (Clark 2004, 26)
[5] Dean, Kendra and others. ed., Starting Right: Thinking Theological About Youth Ministry. (Grand Rapids, Minchigan: Zondervan Publishing House, 2001,)45.
[6] Clark, Chap, Intro to Youth Ministry at Fuller Theological Seminary, Pasadena, Ca., October, 2006,
[7] Blakemore, Sarah-Jayne and Choudhury, Suparna. “Development of the Adolescent Brain: Implications for Executive Function and Social Cognition.” Journal of Child Psychology and Psychiatry (2006), 47:3/4
[8] (Blakemore 2006, 296) Studies done by Huttenlocher, 1979; Huttenlocher, De Courten, garey & Van Der Loos, 1983; Yakovlev & Lecours, 1967
[9] (Blakemore 2006, 296) studies done by Yakovlev & Lecours, 1967
[10] (Blakemore 2006, 297) ( Huttenlocher, 1979; Bourgeosi, Goldman-Rakic, & Rakic, 1994; Woo, Pucak, Kye, Matus, & Lewis, 1997; Zecevic & Rakic, 2001)
[11] Alice, Claudia, Park, Wallis. “What Makes Teens Ticks.” Time, Vol. 163, Issue 19.
[12] Beckman, Mary. “Crime, Culpability, and the Adolescent Brain.” ScienceMagazine.org, Vol. 305, Issue 5684. July 30, 2004.
[13] (Alice, Claudia, Park, Wallis)
[14] (Beckman 2004)
[15] (Beckman 2004)
[16] Unknown Author. “Adolescent Brain.” Youth Studies Australia (2003) Vol. 22 Number 1
[17] (Beckman 2004)
[18] Bower, Bruce. “Teen Brains on Trail.” Science News, Vol. 165, Issue 19.
[19] (Beckmand 2004)
[20] (Dean. ed, 2001, 55)
[21] Carlo, Gustavo and Hart, Daniel. “Moral Development in Adolescence.” Journal of Research Adolescence (2005), 15(3), 223-233
[22] (Carlo 2005)
[23] Clark, Chap, “Strategies of Youth Outreach” at Fuller Theological Seminary, Pasadena, Ca., February 5, 2007,
[24] Chap Clark, 54
[25] Chap Clark, 59-60
[26] Elkind, David. Ties That Stress: The New Family Imbalance. (Cambridge, Massachusetts, Harvard University Press, 1994)

[27] Anderson, Elijiah. Code of the Street: Decency, Violence and the Moral Life of the Inner City. (New York, 1999)
[28] Morris, Amanda Sheffield and Steinberg, Laurence. “Adolescent Development.” Annul Review Psychology (2001), 52:83-110