Differences between youth in the foster care system and the criminal justice system – Why the difference in treatment?

Certain similarities exist between the children and youth in the foster care system and those in the criminal justice system. Often these youths are in unstable housing, have parents who might have substance abuse or domestic violence issues, have difficulties in finishing a high school education and behavioral issues while in school. In addition, they are more likely to end up in the criminal justice system as adults and not have as much stability as compared to the general population. This comparison is not to conflate the two populations, but to explore and analyze the different treatment between them. Foster youth receive certain benefits during their time in the system that are not afforded to children in the criminal justice system. My research would explore the differences in treatment between the two populations, why there is a difference, and hopefully generate some policy suggestions to create better outcomes and safer communities. My thought from the outset is if youth in the criminal justice system were given some of the benefits and/or services afforded to foster youth, they might have better outcomes than there are now. The benefits to this approach would hopefully be better experiences for youth growing up in turbulent environments, taxpayers wouldn’t have to spend as much on incarceration, and society as a whole would be safer and better to some of our most vulnerable citizens.  

My name is Pedro Naveiras and I am a second-year law student at Santa Clara University. Prior to law school I worked in education and local government, but I went to law school knowing I wanted to be a prosecutor. I attended CSU Bakersfield studying Philosophy and Political Science. I worked for the Kern County District Attorney’s Office last summer and will be clerking at the Contra Costa District Attorney’s Office this summer. I look forward to learning more about the approaches and taking this knowledge to whatever District Attorney’s office I end up working at.

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