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Juvenile Justice And Delinquency Prevention Act Of 1974

Decent Essays

A juvenile or “youthful inmate” as defined by the Prison Rape Elimination Act of 2003 (PREA) is any person under the age of eighteen who is under adult-court supervision and incarcerated or detained in a prison or jail. While PREA defines a juvenile as under the age of eighteen the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) allows the states to set their own definition of a juvenile (Lahey). This discrepancy in the definition of a juvenile has caused problems and slow progress with states coming towards compliance with PREA. States, such as North Carolina, South Carolina, New York, Missouri, Georgia, Michigan, Wisconsin, Texas and Louisiana have set the upper limit for a juvenile at sixteen. Texas, recently has agreed to comply with the terms of PREA. Louisiana automatically prosecutes seventeen year olds as adults, even for minor offenses (Neustrom). Sentencing juveniles to adult prison is risking the juvenile’s safety by putting them in a situation where they are vulnerable and more likely to be physically or sexually assaulted, commit suicide and it also causes an increase in the recidivism.
In America on any give day, approximately ten thousand juveniles are housed in adult prisons and jails. Approximately two hundred thousand juveniles enter the adult criminal justice system each year and most have non-violent crimes. Juveniles in the adult jails lose out on the educational and psychological benefits offered by juvenile detention facilities and

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