Disciplining Juveniles in Schools and Courts: We're Doing it Wrong

I feel that sometimes, we'd really like to treat children like little adults.  We'd like to treat them as if they are acting on their own free will and that when you make bad choices, you face bad results.  This is the premise of our criminal justice system and it now and again slips into our notion of juveniles as well.  And since that's the case, we're doing it wrong (Note: "we" does not include everyone).

As our friend T-Rex explains, children are not adults.  Let's look at this a bit.

I recently read a judge's opinion on the duty of the state towards children.  Apparently, the state must balance the need for deterrence and juvenile responsibility against treatment.  This entire discussion is couched in a tension between what causes a child to act out.  Natural evil or environment?

Today, MPR had an interesting discussion about discipline in schools, using Texas' record which found that 60% of students were given punishments ranging from expulsion to in-school suspension.  The guest on MPR said that this is not an isolated incident, but quite telling about all of America.  Here's a link.

With that being said, it seems like we have a dilemma not only in our schools as MPR discussed, but a problem that bleeds into our justice system.  Children aren't adults.  Obviously, children differ from adults in experience and knowledge.  I think we can all infer that from our own experience as a child.  However, a child's mind is also biologically different (unfortunately I don't have the cite for this because I left the book at school).  They're ability to reason, withstand social pressure, and understand long-term consequences is at best, impaired compared to an adult.

So the question is then, what is the value of punishing behavior that may not be the result of a bad moral character?  In theory, punishment isn't deterring anything as the child was not really making a judgment on values anyway.  Likely, they made a judgment devoid of judgment itself.

Perhaps then, the question is really, what are the downsides of punishing children?  In the school context, an easy answer is that they're missing class.  Which may not be a big deal if you're a white, upper-class, female (statistically, the demographic with the highest degree of academic success).  However, if you're a low-income, black, male (polar opposite of the former), those minutes, hours, or days out of class may be a really big deal.  Add that with some other problems like the notion that punishment doesn't necessarily address what makes a child act out or make bad decisions.  Moreover, if they're acting out for another reason, punishment doesn't have the effect of "teaching a lesson," but rather causes confusion and resentment upon its recipient.

I've written this before, but I think we as a society feel good about punishment.  As if some kind of justice has been achieved.  That may be correct, but many times it doesn't help us avoid more crime or even prevent the guilty party itself from reoffending.  It's kind of like fast food.  It tastes good, but it has absolutely no long term value for you.  In fact, it's bad.  It's bad for you in the moment and in the future. So yeah.  Fast food and punishment for kids.  We're doing it wrong.