
Contents
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1 Infant, Child, and Adolescent Development and the Law: Intersections, Interactions, and Influences
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Rates of Informal Processing Rates of Informal Processing
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An Overview of Alternatives to Formal Processing An Overview of Alternatives to Formal Processing
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Prearrest or Police-Led Diversion Prearrest or Police-Led Diversion
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Court-Sponsored Diversion Court-Sponsored Diversion
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Specialty Youth Courts Specialty Youth Courts
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Juvenile Drug Courts Juvenile Drug Courts
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Juvenile Mental Health Courts Juvenile Mental Health Courts
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Teen Courts Teen Courts
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Alternatives to Informal Court Processing for Justice-Involved Youth: Risks and Pitfalls Alternatives to Informal Court Processing for Justice-Involved Youth: Risks and Pitfalls
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Racial and Ethnic Disparities in Informal Processing Racial and Ethnic Disparities in Informal Processing
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The Potential for Net Widening The Potential for Net Widening
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“Treatment Without Trial”: The Absence of Due Process in Informal Processing “Treatment Without Trial”: The Absence of Due Process in Informal Processing
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Implications and Future Directions Implications and Future Directions
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References References
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15 Alternatives to Traditional Court Processing: Diversion and Specialty Courts
Get accessErika Fountain, PhD is Assistant Professor in the Department of Psychology at the University of Maryland, Baltimore County, earned her PhD in Psychology with a concentration in Human Development and Public Policy from Georgetown University. She incorporates developmental and community psychology, law, and public policy to answer questions about legal decision making, court processes, and attorney–client–family relationships. Additionally, she explores how science can contribute to developmentally informed justice policy. She has testified to state legislators considering juvenile justice policies addressing jurisdiction, confidentiality, and legal protections in interrogation. She has authored op-eds advocating for developmentally informed reforms to youth justice.
Christina Ducat is a second-year PhD student in the Human Services Psychology program (Community track) at the University of Maryland, Baltimore. Her research focuses on the impact of state violence in the legal system on girls and gender nonconforming youth and how youth resist oppression. She received her bachelor’s degrees in Applied Psychology, Global Public Health, and Politics from New York University in 2018. After graduating, she spent several years doing advocacy work and organizing with girls involved with the legal system. She also conducted research on the state of girls’ incarceration nationally and collaborated with community organizations to promote youth agency and well-being.
Allison Lloyd is a second-year PhD student in the Human Services Psychology program (Community track) at the University of Maryland, Baltimore. She earned her MA in Clinical Psychology at Towson University in 2019. Her current research focuses on trans and gender-expansive youths’ perceptions of the police and experiences with school resource officers, and how these perceptions and experiences relate to their well-being. Using an intersectional framework, her research also examines how the nuances of race, gender, and socioeconomic status influence how trans and gender-expansive youth interact with law enforcement, inside and outside of school.
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Published:18 December 2023
Cite
Abstract
Informal processing is essential to juvenile courts. It directs youth away from the formal legal system and the consequences of involvement. Many youth are informally processed and placed into diversionary programs or specialty courts, yet relatively little is known about their outcomes. Youth must admit guilt to be eligible for many programs, and failure to succeed can result in youth returning to the formal court process. As a result, scholars caution that while informal processing is intended to reduce the footprint of the juvenile courts, it may actually increase the number of justice-involved youth and racial disparities in juvenile court. This is likely due, at least in part, to the fact that youth considering diversion programs are often doing so without legal counsel. This chapter describes informal processing, diversion, and specialty courts, before discussing the potential benefits and risks to youth. Recommendations for practice, policy, and research are discussed.
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