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The War on Kids: How American Juvenile Justice Lost Its Way
In 2003, when Terrence Graham was sixteen, he and three other teens attempted to rob a barbeque restaurant in Jacksonville, Florida. Though they left with no money, and no one was seriously injured, Terrence was sentenced to die in prison for his involvement in that crime.
As shocking as Terrence's sentence sounds, it is merely a symptom of contemporary American juvenile justice practices. In the United States, adolescents are routinely transferred out of juvenile court and into adult criminal court without any judicial oversight. Once in adult court, children can be sentenced without regard for their youth. Juveniles are housed in adult correctional facilities, they may be held in solitary confinement, and they experience the highest rates of sexual and physical assault among inmates. Until 2005, children convicted in America's courts were subject to the death penalty; today, they still may be sentenced to die in prison-no matter what efforts they make to rehabilitate themselves. America has waged a war on kids.
In The War on Kids , Cara Drinan reveals how the United States went from being a pioneer to an international pariah in its juvenile sentencing practices. Academics and journalists have long recognized the failings of juvenile justice practices in this country and have called for change. Despite the uncertain political climate, there is hope that recent Supreme Court decisions may finally make those calls a reality. The War on Kids seizes upon this moment of judicial and political recognition that children are different in the eyes of the law. Drinan chronicles the shortcomings of juvenile justice by drawing upon social science, legal decisions, and first-hand correspondence with Terrence and others like him-individuals whose adolescent errors have cost them their lives. At the same time, The War on Kids maps out concrete steps that states can take to correct the course of American juvenile justice.
As shocking as Terrence's sentence sounds, it is merely a symptom of contemporary American juvenile justice practices. In the United States, adolescents are routinely transferred out of juvenile court and into adult criminal court without any judicial oversight. Once in adult court, children can be sentenced without regard for their youth. Juveniles are housed in adult correctional facilities, they may be held in solitary confinement, and they experience the highest rates of sexual and physical assault among inmates. Until 2005, children convicted in America's courts were subject to the death penalty; today, they still may be sentenced to die in prison-no matter what efforts they make to rehabilitate themselves. America has waged a war on kids.
In The War on Kids , Cara Drinan reveals how the United States went from being a pioneer to an international pariah in its juvenile sentencing practices. Academics and journalists have long recognized the failings of juvenile justice practices in this country and have called for change. Despite the uncertain political climate, there is hope that recent Supreme Court decisions may finally make those calls a reality. The War on Kids seizes upon this moment of judicial and political recognition that children are different in the eyes of the law. Drinan chronicles the shortcomings of juvenile justice by drawing upon social science, legal decisions, and first-hand correspondence with Terrence and others like him-individuals whose adolescent errors have cost them their lives. At the same time, The War on Kids maps out concrete steps that states can take to correct the course of American juvenile justice.
224 pages, Hardcover
Published November 1, 2017
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Displaying 1 - 16 of 16 reviews
March 24, 2022
While not a perfect book, it's an important and well-researched look into the failures of the juvenile justice system. The author did a great job of presenting some key court cases that define the justice system, as well as the struggle of implementing the outcomes of those cases into sentencing and parole processes.
I wish the author had gone deeper into discussions of systemic issues that lead a kid to justice involvement, and provided more research on diversions and services that are effective for rehabilitation. However, this is a good, quick intro to the juvenile justice system, with well-placed anecdotes and stories that individualize the realities of justice-involved kids.
I wish the author had gone deeper into discussions of systemic issues that lead a kid to justice involvement, and provided more research on diversions and services that are effective for rehabilitation. However, this is a good, quick intro to the juvenile justice system, with well-placed anecdotes and stories that individualize the realities of justice-involved kids.
April 9, 2018
Very interesting look at juvenile justice in America. Hearing about the Missouri plan and the focus on rehabilitation was refreshing and a plan all states should move towards. Missing, was the impact the breakdown of the family has on children. As a teacher, I see a shift towards less consequences across the nation after a move several years ago to cut down on suspension rates. We seem to go all in one way or the other in this country, a move towards the middle with consequences combined with rehabilitation seems to be the best plan.
Though the author demonized Trump in her conclusion, he didn’t make this problem. Both the left and the right need to step up and work together to help the youth of our nation. Both Republicans and Democrats have failed our kids.
Though the author demonized Trump in her conclusion, he didn’t make this problem. Both the left and the right need to step up and work together to help the youth of our nation. Both Republicans and Democrats have failed our kids.
June 13, 2019
3.5 Stars
It was a powerful read but the writing style was not for me.
It was a powerful read but the writing style was not for me.
October 24, 2017
I received a free copy in exchange for an honest review.
First of all we must as a society decide the worth of life especially a quality of life we consider ethical. We are a society full of movie goers that enjoy the shoot em up revenge flicks. We see the part our hero plays as morally just because of actions that "caused" him to seek a bloody revenge.
A parallel line can be drawn to youth that are incarcerated. They made poor choices to get there no doubt, but the mitigating circumstances of their reality before incarceration should also be weighed.
Study after study has shown how ineffective we have been as a country since the 1980s tough on crime policies came about. The author does a good job of documenting the shortfalls along with more recent cases to set up a strong case for serious reform for youth incarcerations. Neuroscience backs up her claim that 17 isn't really an adult, neither is 18 when it comes to brain development. The justice system, especially for youth should be more individually tailored for each case and each individual. Not everyone can be rehabilitated, however, no one will be if an attempt isn't made.
It is difficult not to think about the victim and their families while reading this, the only reason I didn't give 5 stars. The worth of a life goes both ways, and there may not be an easy answer that blankets every case.
First of all we must as a society decide the worth of life especially a quality of life we consider ethical. We are a society full of movie goers that enjoy the shoot em up revenge flicks. We see the part our hero plays as morally just because of actions that "caused" him to seek a bloody revenge.
A parallel line can be drawn to youth that are incarcerated. They made poor choices to get there no doubt, but the mitigating circumstances of their reality before incarceration should also be weighed.
Study after study has shown how ineffective we have been as a country since the 1980s tough on crime policies came about. The author does a good job of documenting the shortfalls along with more recent cases to set up a strong case for serious reform for youth incarcerations. Neuroscience backs up her claim that 17 isn't really an adult, neither is 18 when it comes to brain development. The justice system, especially for youth should be more individually tailored for each case and each individual. Not everyone can be rehabilitated, however, no one will be if an attempt isn't made.
It is difficult not to think about the victim and their families while reading this, the only reason I didn't give 5 stars. The worth of a life goes both ways, and there may not be an easy answer that blankets every case.
January 12, 2018
Strengths: This book compiles tons of good information about the juvenile justice system in the U.S. It is especially strong on explaining the details of how juveniles end up in the adult justice system and why that is a problem. I also liked the chapters about the factors that place youth at risk for delinquent/criminal offenses. The most resonant parts of the book for me were the vignettes of particular cases. They bring home the author's points and get the reader (or me, at least), emotionally invested in the policies, statistics, and case law she describes at length.
Weaknesses: The writing drove me a bit crazy at times. The author uses the phrase "the fact that" ad nauseam.
Bottom line: What's in this book will not be new for juvenile defenders, but it includes useful analysis about the field generally and could be a good introduction for students or those who are not in the field. I found the book a worthwhile read, and it cited resources and organizations I wasn't aware of and will be following up on in the future.
Weaknesses: The writing drove me a bit crazy at times. The author uses the phrase "the fact that" ad nauseam.
Bottom line: What's in this book will not be new for juvenile defenders, but it includes useful analysis about the field generally and could be a good introduction for students or those who are not in the field. I found the book a worthwhile read, and it cited resources and organizations I wasn't aware of and will be following up on in the future.
January 14, 2018
Read the first half of this book to find out the depth of the problems with our juvenile justice system. It is powerful reading.
Published by Oxford University Press in November of 2017.
Cara H. Drinan is a law professor at The Catholic University of America in Washington, D.C. Her book The War on Kids: How American Juvenile Justice Lost Its Way deals primarily with the changes to the justice system over the last 30 years and the mostly unforeseen consequences of those changes.
Drinan discusses how in the late 1980's and early 1990's the United States was experiencing a crime wave, including "the nation's peak murder rate" (p. 156) and a number of these criminals were minors. Lawmakers responded by making it easier to move cases involving juvenile offenders into adult court. Juvenile court, although imperfect, at least made some attempt to accommodate itself to the specific needs of youth offenders and offered opportunities to rehabilitate themselves. It also recognized the fact that young people's brains just work differently than adult brains (a point Drinan brings up often throughout the
book).
Early in the book, Drinan offers a powerful set of facts about the effects of poverty on youth and the truly dreadful conditions that some young people grow up in. Chapter 2's detailed description of Terrence Graham's childhood is tough reading. He was failed by nearly every adult relative in his life and was clearly failed by the social workers that knew the conditions he lived in and did nothing to remove him from a home filled with drugs, hunger, violence, chaos and deprivation. I wouldn't have let a dog stay in that house, let alone a human child.
Drinan also describes how defendants in the justice system often have to depend on understaffed public defender offices that clearly don't have the time to do much more than process their clients and hope for the best. The book Rights at Risk: The Limits of Liberty in America by David K. Shipler also covers this topic very well. Minors moved up into adult court become a part of an already over-burdened system.
Not that the juvenile courts are doing much better...
Read more at: http://dwdsreviews.blogspot.com/2018/...
Published by Oxford University Press in November of 2017.
Cara H. Drinan is a law professor at The Catholic University of America in Washington, D.C. Her book The War on Kids: How American Juvenile Justice Lost Its Way deals primarily with the changes to the justice system over the last 30 years and the mostly unforeseen consequences of those changes.
Drinan discusses how in the late 1980's and early 1990's the United States was experiencing a crime wave, including "the nation's peak murder rate" (p. 156) and a number of these criminals were minors. Lawmakers responded by making it easier to move cases involving juvenile offenders into adult court. Juvenile court, although imperfect, at least made some attempt to accommodate itself to the specific needs of youth offenders and offered opportunities to rehabilitate themselves. It also recognized the fact that young people's brains just work differently than adult brains (a point Drinan brings up often throughout the
book).
Early in the book, Drinan offers a powerful set of facts about the effects of poverty on youth and the truly dreadful conditions that some young people grow up in. Chapter 2's detailed description of Terrence Graham's childhood is tough reading. He was failed by nearly every adult relative in his life and was clearly failed by the social workers that knew the conditions he lived in and did nothing to remove him from a home filled with drugs, hunger, violence, chaos and deprivation. I wouldn't have let a dog stay in that house, let alone a human child.
Drinan also describes how defendants in the justice system often have to depend on understaffed public defender offices that clearly don't have the time to do much more than process their clients and hope for the best. The book Rights at Risk: The Limits of Liberty in America by David K. Shipler also covers this topic very well. Minors moved up into adult court become a part of an already over-burdened system.
Not that the juvenile courts are doing much better...
Read more at: http://dwdsreviews.blogspot.com/2018/...
March 28, 2020
This short book is a good introduction to the legal mechanisms that contribute to the incarceration of juveniles in adult prisons and the imposition of unjust harsh sentences. It focuses specifically on these legal mechanisms as well as recent Supreme Court decisions that offer an opportunity for reform. I now know more about how our country's laws work against juvenile offenders and how the courts have the potential to challenge these laws.
Drinan also offers a (rather brief) discussion of how race, class, and education determine the kids who are most unjustly forced into interactions with the juvenile justice system. However, I wouldn't turn to this book if I were looking for a historical discussion on how these factors built an unjust system. This book is best if one is looking specifically for judicial options for reform.
Drinan also offers a (rather brief) discussion of how race, class, and education determine the kids who are most unjustly forced into interactions with the juvenile justice system. However, I wouldn't turn to this book if I were looking for a historical discussion on how these factors built an unjust system. This book is best if one is looking specifically for judicial options for reform.
January 11, 2024
3⭐️
_______
“Perhaps most important, the Court sent the message loud and clear that kids are different- their brains have not fully developed, and this they are less capable, and more amendable to rehabilitation.”
~~~~~~
“Among 35 industrialized countries, the United States has the second highest child poverty rate, despite the fact that we have the largest economy in the world.”
_______
Had to read it for my class project and it was pretty good It provided clear messages with information to back it up. Terrance’s story was not really said well because it made it sound like he got life in the end but he didn’t and it was not for the same reasons original sought. Terrance’s story needed to be clarified better. I also felt there was a lot of biased attitude which kind of changes the perspective. Otherwise, the author makes very good points and would recommend this to other CJA majors.
_______
“Perhaps most important, the Court sent the message loud and clear that kids are different- their brains have not fully developed, and this they are less capable, and more amendable to rehabilitation.”
~~~~~~
“Among 35 industrialized countries, the United States has the second highest child poverty rate, despite the fact that we have the largest economy in the world.”
_______
Had to read it for my class project and it was pretty good It provided clear messages with information to back it up. Terrance’s story was not really said well because it made it sound like he got life in the end but he didn’t and it was not for the same reasons original sought. Terrance’s story needed to be clarified better. I also felt there was a lot of biased attitude which kind of changes the perspective. Otherwise, the author makes very good points and would recommend this to other CJA majors.
November 16, 2017
Nuanced View of Reforming Criminal Treatment of Children
Balanced and well-written review of the problems with and movements to reform the criminal justice system as it relates to children defendants. Certainly written with lawyers in mind as an audience, though.
Balanced and well-written review of the problems with and movements to reform the criminal justice system as it relates to children defendants. Certainly written with lawyers in mind as an audience, though.
January 22, 2022
Had excellent points and cases and personal stories to support the idea that reform is necessary and can be effective and beneficial. However, some phrases were too repetitive in my opinion and didn’t add to the point.
October 14, 2025
Such an illuminating and horrifying book! I enjoyed the academic structure and Drinan's approach to typical legal research, as well as her inclusion of anecdotes. The combination of feminist and Toulmin argumentation styles allowed her claims to be convincing and supported.
Read for CRJ 451!
Read for CRJ 451!
August 9, 2019
Incredibly thought provoking - clearly we need to reassess how we handle youth who encounter the system
January 12, 2021
Incredibly important topic, but I struggled with the writing
Read
February 15, 2024Read for school
August 3, 2026
Not as informative as I’d hoped.
January 20, 2025
Had to read this for a class but ended up really liking and learning from it. I would definitely recommend.
Displaying 1 - 16 of 16 reviews