PrepTest 108 · Section 4 · Passage 2

Rehabilitating young offenders without routine incarceration

The full passage is in your LawHub copy of PrepTest 108.

Reading the passage

If young people get away with breaking the law, won't they keep doing it? That is the concern behind the opening position: juvenile delinquency supposedly becomes adult crime unless it is corrected, so young offenders should receive severe punishment, often incarceration. Some form of accountability might sound reasonable. But notice how quickly that concern becomes an argument for putting young people in confinement. Those are not the same thing.

The criminologists introduce a troubling possibility: what if incarceration helps produce the very behavior it is supposed to prevent? They suggest that the connection between juvenile delinquency and adult crime may partly reflect what the justice system does to young offenders. At this point, we can wonder how that might happen. What changes for a young person after being incarcerated? The next paragraph will give us a particular explanation, so we should not invent a finding the researchers have not supplied.

Their research creates a policy problem. If intervention can make things worse, should law enforcement simply do nothing? The criminologists do not turn their findings into a policy, partly because that seems to be the extreme implication. This is where the author starts pushing beyond the research: maybe the options are broader than severe punishment or no response at all.

The second paragraph asks us to separate an illegal act from a criminal identity. A young person might know that stealing or another delinquent act is illegal but still describe it as “fun.” That is not a claim that the act is harmless or acceptable. It tells us how the young person sees it. There is a difference between thinking, “I did something illegal,” and thinking, “I am a criminal.” Officially treating a young offender as a criminal deserving incarceration may help move that person from the first belief to the second.

The age finding gives us a reason to consider another approach. Most youthful offenders who escape detection stop their delinquent behavior by age 18. Only 8 percent of those report stopping because they feared getting caught. Be careful with that number: it describes a reason for stopping, not the percentage who continue committing crimes. We have not been told that 92 percent stop or that only 8 percent become adult criminals. The relevant point is that most of these undetected offenders stop, and relatively few of those who stop credit fear of detection. That makes maturation worth considering as an alternative to relying on severe punishment.

So should we just ignore juvenile delinquency? No. The final paragraph explicitly says it needs to be addressed. The author wants to change the response, not eliminate it. A young person caught stealing could return the merchandise and apologize to the store owner. That response acknowledges the wrong, requires the offender to face the person harmed, and provides a penalty without incarceration as a thief. It gives us a concrete example of how rehabilitation can work within the community.

The goal is for young offenders to learn society's values by the time they mature. Incarceration is not treated as the only way to teach those values, and letting someone escape every consequence is not the alternative being proposed. The recommendation is to encourage maturation and rehabilitation while retaining accountability. The research and the discussion of self-image matter because they support that recommendation.

Questions on this passage

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