Justice System’s Punitive Approach Fails to Curb Youth Gun Violence

A recent article from The Sentencing Project highlights effective, evidence-based solutions for addressing youth gun possession—approaches that not only benefit young people but also improve community safety. Yet, the justice system continues to rely primarily on punishment rather than prevention.

According to The Sentencing Project, reducing gun violence must be a national priority. Its continued prevalence disproportionately harms urban youth of color and undermines progress in their communities. Surveys show that more than a million youth between the ages of 12 and 17 carry a gun each year. The firearm death rate among children in the U.S. is 37 times higher than in 12 other high-income countries—a trend that has remained steady in recent years.

Although some states have acknowledged the issue of youth gun possession, arrests and court referrals have increased significantly since the pandemic began—especially for Black youth. Over the past decade, the justice system’s response to these cases has leaned overwhelmingly toward punishment rather than prevention.

While punishment may appear to be a logical deterrent, The Sentencing Project reports that the evidence says otherwise. Although gun possession among youth is widespread, gun violence is concentrated within specific demographics. The punitive approach not only fails to reduce violence but also jeopardizes a young person’s future, potentially leading to further cycles of harm.

Many youth carry guns for protection or because their peers do—not to commit violent crimes. The proportion who commit gun-related offenses is relatively small. When youth are treated with care and preventive interventions, they are far less likely to engage in future violence. Conversely, harsh punishments create long-term barriers that can push them deeper into the criminal legal system.

A public defender quoted by The Sentencing Project explains, “Kids accused of gun possession are placed on a GPS monitor; if they do well, they stay in the community, and if they do poorly, they go into placement. Some kids reoffend because they live in neighborhoods where they do not feel safe walking around unarmed. None of our systems are addressing the issue.”

The Sentencing Project conducted a national survey of public defenders and youth justice professionals, focusing on non-violent gun possession. The findings show that punitive measures are common—youth are often transferred to adult court, and constructive, developmentally appropriate interventions remain rare. Even youth who pose no public safety risk are being charged and incarcerated as if they do, often serving extended sentences that fail to address the root causes of their behavior. Transfers to adult court, in particular, lead to harsher and more damaging outcomes.

Making matters worse, The Sentencing Project reports that 2025 federal budget cuts under the Trump administration slashed funding for youth gun intervention programs from $300 million to $150 million. In light of these reductions, it’s more important than ever to allocate resources wisely and invest in community-based solutions.

The most effective strategies, according to The Sentencing Project, involve collaboration between courts and community organizations. These partnerships develop interventions rooted in support, not punishment—programs that have been shown to reduce youth homicides by as much as 63%. Ideally, the entire community, including law enforcement, embraces and implements these approaches.

Several court-based alternatives to punishment are outlined in the report. One key example is diversion programs for youth with no prior criminal history. These programs help young people stay in school, access needed services, and avoid the stigma and consequences of incarceration. A public defender in Arizona notes that the state previously offered diversion to first-time offenders, but now all youth are automatically petitioned into court—a sign of a broader shift toward more punitive policies. Despite their success, diversion programs tailored to youth gun possession remain scarce, with only 10 jurisdictions implementing such models nationwide.

The evidence is clear: youth gun possession can be addressed through prevention and support. But until the justice system moves away from punishment and embraces these proven strategies, the cycle of harm is likely to continue.

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  • Saed Mougharbel

    Hi, my name is Saed Mougharbel. I'm currently in my last semester at SFSU majoring in English with a concentration of professional writing and rhetoric. I have a major passion for anything related to the law as well as documentation. My hobbies include basketball, movies, and spending time with family and friends.

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