Special Populations, Bail, and Courts

What shaped Kalief Browder’s experience (intersectionality)?

Race (Black), class (poor), age (juvenile), location (NYC)

What went wrong in Kalief Browder’s case?

False identification, unaffordable bail, delayed trial

-unreliable eyewitness identification

Examples of victimization in Kalief Browder’s case?

Violence, solitary confinement, lack of mental health care

Short-term vs long-term effects in Kalief Browder’s case?

• Short: violence, isolation

• Long: trauma, suicide

How does Kalief Browder’s case show criminalization of poverty?

He stayed jailed because he couldn’t afford bail

What drove Ferguson’s policing system?

Revenue generation

How were officers evaluated in the Ferguson PD case?

Based on citations issued

What unconstitutional practices occurred in the Ferguson PD case?

• Stops without cause

• Excessive force

• Free speech violations

Which of the following best summarizes the findings of the Department of Justice investigation into the Ferguson Police Department?

The Ferguson Police Department engaged in a pattern of unconstitutional policing practices—including violations of the 1st, 4th, and 14th Amendments—driven largely by a focus on generating revenue through fines and fees, disproportionately impacting Black residents and undermining community trust.

How did courts contribute to the Ferguson PD case?

Issued warrants to force payment

What is All Rise in the context of the case study?

An organization focused on advancing justice through treatment courts, including juvenile drug courts, emphasizing rehabilitation and evidence-based practices.

Who were the key figures interviewed in the All Rise case study?

Paul Bowen (Project Director at All Rise) and Dr. Jacqueline van Wormer (Director of the Center for Advancing Justice at All Rise).

How does a juvenile enter a juvenile drug court program?

A youth must first be referred for a delinquency charge within the Juvenile Justice System.

What happens after a youth is referred to juvenile drug court?

They undergo an assessment to determine if they need intensive services, with a focus on rehabilitation.

What type of youth is the juvenile drug court designed for?

Youth with repeated involvement in the criminal justice system and substance use disorders—not first-time offenders.

How do juvenile drug courts differ from traditional courts?

They focus on rehabilitation and treatment rather than punishment, addressing root causes of behavior.

Why were juvenile drug courts developed (historical context)?

Initially, drug courts focused on adults; later, attention shifted to juveniles as understanding of adolescent brain development increased.

What was the “superpredator” theory and what happened with it?

A 1990s prediction of a major rise in violent youth crime; it was incorrect but heavily influenced policy and media.

What is significant about adolescent brain development in this case study?

Adolescents operate in a unique developmental stage, often relying more on the amygdala (emotion-driven decision-making).

What is PBIS (Positive Behavioral Interventions and Supports)?

A behavioral framework adapted from schools to juvenile programs to improve behavior and reduce conflict.

What impact did PBIS have in juvenile settings?

It led to a 73% decrease in incidents between youth and facility staff.

What is necessary for juvenile drug courts to be effective?

Organizational readiness, individual readiness, collaboration between practitioners and academics, and cross-system cooperation.

Why is collaboration important in the All Rise model?

It ensures different systems (courts, treatment providers, researchers) work together and share expertise.

What is the main goal of juvenile drug courts?

To reduce recidivism by helping youth become healthy individuals with resources to succeed outside the system.

What model is blended in juvenile drug courts according to All Rise?

Traditional approaches with the risk-need-responsivity (RNR) model.

Why is research-based practice important in All Rise programs?

Programs must be evaluated and adjusted to remain effective.

What is a key takeaway about juveniles in the justice system from this case study?

There is no one-size-fits-all solution—juveniles require individualized interventions.

What are specialized courts also known as?

Problem-solving courts.

What is the main focus of specialized courts?

They focus on specific types of offenses and offenders to provide personalized attention.

How do specialized courts differ from traditional courts?

They address the root causes of criminal behavior rather than just punishing it.

What type of teams are used in specialized courts?

Interdisciplinary teams (e.g., judges, treatment providers, social workers).

What is the main goal of specialized courts?

To reduce recidivism by connecting offenders to treatment and rehabilitation.

How do specialized courts attempt to reduce repeat offending?

By addressing underlying issues like substance use, mental health, or social factors.

How are specialized courts different from pretrial diversion programs?

Specialized courts are part of the judicial system, while diversion programs are typically run by prosecutors and lack independent oversight.

What resource provides data and definitions for specialized courts across the U.S.?

“Treatment Courts Across U.S. States/Territories (2024)” handout.

What major trend occurred in youth incarceration between 2000–2022 of Youth Incarceration?

A 75% decline in youth incarceration

Despite declines in youth incarceration, what problem still exists?

Persistent racial and ethnic disparities.

How do arrest rates differ between Black and white youth?

Black youth have higher arrest rates than white youth.

What happens to Black youth at the point of arrest compared to white youth?

Black youth are more likely to be detained.

How do diversion rates differ by race?

White youth are more likely to be diverted from formal system involvement than Black youth.

What happens after youth are found delinquent in court?

White youth are more likely to receive probation or informal sanctions, while Black youth are more likely to be incarcerated.

Overall, how are Black youth treated as they move through the juvenile justice system?

They face harsher outcomes at each stage (arrest, detention, sentencing).

What is the Troubled Teen Industry (TTI)?

A network of private youth programs (boarding schools, treatment centers, wilderness programs, etc.) that claim to address behavioral, mental health, and substance use issues.

-Around 50,000 youth are placed in TTI programs

Did the TTI historically have federal oversight?

No, it largely operated without federal oversight.

-because they were privately owned/run

What law was passed to address TTI issues?

The Stop Institutional Child Abuse Act.

Aims to create federal oversight, improve safety, and monitor abuse in youth programs.

How do youth typically enter TTI programs?

Placed by parents, not through the justice system.

issue with parents: They may be manipulated into trusting programs and not believing their children.

What are common types of TTI programs?

Boarding schools, residential treatment centers, wilderness therapy, and boot camps.

What is a major criticism of TTI programs?

Abuse, neglect, and lack of regulation.

What do teens commonly experience during TTI programs?

Loss of autonomy, isolation, and possible abuse or neglect.

Long term effect: PTSD, trust issues, identity struggles, and difficulty adjusting

What role does Paris Hilton play in TTI awareness?

Survivor and advocate raising awareness and pushing for reform.

Key difference: TTI vs. specialized courts?

TTI = private, parent-driven; Specialized courts = judicial, system-driven.

Which has more oversight TTI or specialized courts?

Specialized courts

Which focuses on evidence-based rehabilitation and reducing recidivism?

Specialized courts.