Wednesday, March 5, 2014

Excessive juvenile detention worsening Mexico's security problems?

There has been a lot written about Mexico's security problems. The drug war has led to tens of thousands of deaths. Certain municipalities, cities and large parts of some states are very dangerous places, where narco-gangs operate with impunity. We have met many families who have moved from more dangerous parts of the country to start life over in Mexico City - internally displaced people.

As a result of the insecurity, political pressure to get "tough on crime" has led to very draconian juvenile justice laws. Many states in Mexico allow kids to be imprisoned for one year or more while awaiting trial. Some states have excessive penalties juveniles, as high as 20 year sentences in some cases.

Is juvenile justice policy actually contributing to the security problems?



The policies adopted in many ways contribute to the violence rather than make communities safer. There are very negative consequences to children when they are detained for months and years awaiting trial, and then sentenced to years in Mexican prisons. Kids in detention loose contact with their families and communities, connections that are critical to their emotional and social development. Most kids fail to complete their education once detained. When they are finally released years later, they have few of the skills needed to become contributing members of society.

Studies conducted in the United States confirm the effect of detention on juveniles. Normally, kids age out of anti-social behavior. Middle and upper-class children have the luxury to chalk mistakes up to "youthful indiscretions" or "kids being kids" and then they grow out of it. Kids in conflict with the law, especially kids coming from poverty, aren't given the benefit of the doubt. Once kids are detained, the normal developmental processes that result in aging out of delinquent behavior are arrested, meaning these kids never "grow out of it" because of the negative developmental effects of being in detention.

Additionally, many prison officials talk about the "school of crime" effect. Non-serious or non-violent juvenile offenders, or kids awaiting trial, are detained with kids accused or convicted of more serious offenses. A 14 year-old accused of stealing a cell phone with his friends is detained with a 17 or 18 year-old accused or convicted of murder or drug trafficking. The 14 year old leaves detention with new connections and new "skills". In the United States, studies have shown that juveniles are even recruited into gangs while in detention and then continue that gang affiliation when released. The lack of research in to the effect of detention on juveniles in Mexico means that nobody really knows how serious this impact might be.

The drug trafficking and cartel problem in Mexico is much larger and goes much deeper than the problems in the juvenile justice system. But it is a legitimate question to ask Mexican policymakers and the international partners providing technical assistance, such as USAID - how does excessive juvenile detention contribute to the security breakdown in the country.

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