Int. J. Liability and Scientific Enquiry, Vol. 5, Nos. 3/4, 2012

213

Lead poisoning: the epidemic hitting the US juvenile
justice system
Summer M. Miller
Southern University Law Center,
2 Roosevelt Steptoe Avenue,
Baton Rouge, LA 70813, USA
E-mail: summermmiller@gmail.com
Abstract: Not all behavioural issues that lead to juvenile delinquency are
hereditary. In fact, there are behavioural issues that can be prevented, such as
lead poisoning, that affect the likelihood of juvenile delinquency. This article
focuses on the relationship between elevated juvenile lead exposures leading
to lead poisoning, specifically its effects on a child’s body, and juvenile
delinquency. The author explains how only a small amount of lead is needed to
elevate lead levels in juveniles, including a discussion of several nationwide
reports conducted to inform the public of this once trending epidemic and since
its known existence, whether there have been sufficient changes to drastically
lower levels amongst families. The article concludes with a public service
message of ways to prevent lead poisoning in one’s home.
Keywords: juvenile delinquency; lead poisoning; lead exposure; behavioural
issues; juvenile crime.
Reference to this paper should be made as follows: Miller, S.M. (2012)
‘Lead poisoning: the epidemic hitting the US juvenile justice system’,
Int. J. Liability and Scientific Enquiry, Vol. 5, Nos. 3/4, pp.213–220.
Biographical notes: Summer M. Miller is a 3L at Southern University Law
Center in Baton Rouge, LA and is a member of various on-campus
organisations. She has legal experience working in Immigration Law and has
dealt with US clients as well as clients from Latin America. Her interests in law
include international business, immigration, criminal law and intellectual
property.

1

What is lead poisoning?

Lead poisoning results from high exposure to lead and its subsequent absorption in the
body. Since lead poisoning results from lead exposure, it is one of the most common
preventable poisonings of childhood diseases. Data from the US Centre for Disease
Control (CDC) shows that 6% of all children ages one to two years and 11% of
African-American (non-Hispanic) children ages one to five years have blood lead levels
in the toxic range in the area a lead poisoning (American Academy of Child and
Adolescent Psychology, http://www.aacap.org/cs/root/facts_for_families/lead_exposure_
in_children_affects_brain_and_behavior). Very small amounts of lead are associated with
toxicity. There have been discrepancies amongst researchers in determining the levels
indicating lead poisoning. Thus, it has been reported that levels as low as 10 µg/dL shows
Copyright © 2012 Inderscience Enterprises Ltd.

214

S.M. Miller

enough lead exposure to diagnose lead poisoning. Other studies indicated higher numbers
later concluding that the µg/dL would actually be lower. This could simply be the result
of more in-depth research over time. For example, one study indicated that lead
poisoning was not diagnosed until blood levels reached as high as 45 µg/dL. Lead is a
hazardous element, which in the past was commonly found in general materials and
products, including paints on children’s toys until it was known to negatively impact
child development and later, child behaviour.
In a research report analysing the effects if lead poisoning, it was indicated that some
common sources of lead include: water, paint, electric storage batteries, insecticides, auto
body shops, and gasoline (Patel, 2000). “The largest source of lead was paint
manufactured before 1978 and the dust created when it decays” (Illinois Department of
Health, http://www.idph.state.il.us/public/hb/hblead.htm). Because lead based dust is
typically in the proximity of the floor where children, and particularly crawling babies
usually are placed, and since children constantly touch objects and put their fingers in
their mouths, exposure to lead can easily result in commonly high dosages. Another
equally common way of being exposed to lead poisoning is through drinking water
(BBC News World Edition: Health, http://news.bbc.co.uk/2/hi/health/2632261.stm). This
lead contaminated water is passed through a number of old lead piping which are
common in many older homes. Lastly, a major source of lead exposure is the inhalation
of vehicle fumes. The fumes released by the many exhaust systems are a contributing
factor in lead poisoning. Generally lead exposure is typically by intake through the mouth
and casually breathed in the form of the decayed paint dust.

2

What is the relationship between lead poisoning and juvenile
delinquency?

There are a number of studies that have been conducted to determine if lead poisoning
amongst juveniles have an effect on juvenile delinquency. Most of these studies have
concluded that there is some correlation between elevated blood levels of lead and
juvenile delinquency. Scientists have found that even low levels of lead poisoning have
been a contributing factor for some, not all, cases of juvenile delinquency (id). “A study
of young offenders passing through a court in Pennsylvania found that on average,
concentrations of lead in bone were much higher than those from non-delinquent
teenagers” (id).
Although these results are not definitive in determining that lead poisoning, even at
low levels, is for sure a contributing factor, scientists are certain that “high levels of lead
poisoning are toxic, particularly to brain development in children” (id). It has long been
established that high levels of lead poisoning are toxic, particularly to brain development
in children (id). This exposure tends to have harmful side effects on the nervous system
(brain) and the urinary system (kidneys), where the lead can be stored for many years.
The effects of high lead exposure amongst children can result in “learning disabilities,
mental retardation, behavioural problems, lowered intelligence, stunted growth, and
hearing impairment. Some recent studies claim that childhood lead poisoning can
contribute to problems later in life, such as academic failure, juvenile delinquency, and
high blood pressure” (id).
Published research shows that lead exposure and criminality is linked to evidence of
poorer intelligence, low communication skills, and behavioural problems, such as

Lead poisoning

215

vandalism and bullying (Norton, 2000). Another study conducted by the Allegheny
County Juvenile Court in Pennsylvania found delinquent juveniles were four times more
likely to have elevated concentrations of lead in their bones than non-delinquent juveniles
(Talkleft.com, http://www.talkleft.com/story/2003/01/08/214/26722). It has been found
that children exposed to high lead concentrations later in their adolescent years,
experience anti-social behaviour, lower IQ and attention span, learning disabilities, and
stunted growth as compared to children who were only exposed to lead in their early
youth. Perhaps this is because the earlier in life the exposure and the sooner the exposure
ends, the more time the body has to rid itself of the toxin and resume normal function.
Many of these effects are displayed in the classroom and lead to juvenile delinquency.
Juveniles that have highly prevalent to severe behavioural problems due to lead poisoning
or exposure are characterised as having Pb (lead) encephalopathy (Wisconsin Council on
Children and Families, http://wccf.org/pdf/lead_delinquency_brief.pdf).
Another study conducted by the Wisconsin Department of Health reported that
childhood poisoning explained 88% of the variation in the violent crime rate in the USA
over several decades, being a powerful predictor of school disciplinary problems,
delinquency and adult criminality (id). These juveniles suffering lead poisoning usually
tend to experience antisocial behaviour along with other behavioural problems such as
aggression and hyperactivity. Also, it has been concluded that several of the juvenile
delinquents, who have been exposed to lead, have consistently used marijuana.
In an Ohio study conducted by the University of Medicine and Dentistry of
New Jersey, consisting of 195 newborns, the researchers followed the test group until the
ages of 15 to 17, while observing lead exposure and delinquency to determine
correlation. The participants were 92% African-Americans and equally divided
between males and females. The study concluded that around the age of six, parents of
children exposed to lead found that their children did show strong signs of delinquent
behaviour with signs of increased aggression and violent behaviour. This was
prevalent in both the boys and girls. At the end of the study, it was common amongst the
juveniles that if the investigators found that their blood lead levels increased, juvenile
delinquency was much more frequent and the individuals were more inclined to
use marijuana (University of Medicine and Dentistry of New Jersey, New Jersey
Medical School, http://njms2.umdnj.edu/hwmedweb/archives/LeadDelinq_archive.htm).
Specifically, three of California’s major metropolitan areas found after compiling
reported information from the National Institute of Justice that juvenile delinquents are
prone to using marijuana and other drugs (see Figure 1).
In the Allegheny County Juvenile Court study, the goal was to find a link between
lead exposure and juvenile delinquency. In the study, researchers focused on 194
convicted juveniles who had passed through the Allegheny County Juvenile Court system
and 146 high school students who did not have a criminal background and did not have
behavioural issues and problems. The test group consisted of youths between 12 and 18
years of age. Lead levels were gathered by scanning each child’s leg to get an accurate
reading of the lead exposure levels in their bodies. This study considered race, parent
education and occupations, single-parent households, number of children in home and
neighbourhood crime rate. “The mean concentration of lead in the convicted youths was
11.0 parts per million, compared to only 1.5 parts per million among other high school
youths. Based on their findings, researchers attribute an estimated 11 percent to
38 percent of juvenile delinquency in Allegheny County to lead exposure”.1

216

S.M. Miller

Figure 1

Many Juveniles arrested for an offense also test positive for drugs

Source: National Institute of Justice (1993)

In addition, Preschool blood lead levels were associated with subsequent crime rate
trends over several decades in the USA, Britain, Canada, France, Australia, Finland,
Italy, West Germany and New Zealand (Minneapolis Department of Health and Family
Support, 2008). Finally, a prospective study of 250 individuals 19 to 24 years of age
demonstrates an association between developmental exposure to lead and adult criminal
behaviour. Blood lead levels were measured during pregnancy and until the children were
6.5 years old. Prenatal and postnatal blood lead concentrations are associated with higher
rates of total arrests and arrests for offenses involving violence. For every 5 μg/dL
increase in blood lead level at six years of age, the risk of being arrested for a violent
crime as a young adult increases by 50% (id).

3

How should society respond to the correlation between lead and
delinquency?

3.1 Are there any symptoms to detect lead poisoning?
Lead poisoning has a progressive effect over time and its symptoms are those
experienced by most people, such as headaches and abdominal pain. Because these
symptoms are so common, this allows detection to go unnoticed. However, a blood test
can be administered to detect if there are high levels of lead in the body.2

3.2 Who is at risk for lead poisoning and how does it affect juveniles?
When it comes to identifying groups more prone to the risks of lead poisoning, children
between the ages of one and six are identifiable perhaps because it is during those years
when they are constantly putting their hands and several objects, which may be
contaminated with dirt in their mouths. It is when children’s growing bodies are sensitive

Lead poisoning

217

and can easily absorb lead, which can cause brain and nervous system damage (Product
Safety Certification Organization, http://www.safetyathome.com/environmentalsafety/environmental-safety-articles/lead-poisoning-get-the-facts-about-the-threat/?gclid=
CNSMgr-imrICFWRntgodhWUA_A). Other identifiable groups are those considered
to be low-income families, which results in more on the population being of
African-Americans and Mexican-Americans living in large metropolitan areas. These
affected families usually live in older housing built before 1978. The core of these
identifiable groups is race. It is among these common races where there is an economic
disadvantage and thus being able to afford newer housing is not an option. Further, their
lack of being educated on lead exposure and its effects causes them to remain trapped in
lead exposed homes. Therefore, if not detected early, children with high levels of lead in
their bodies can suffer from such disorders as damage to the brain and nervous system,
behaviour and learning problems along with poor attention span, slowed growth, hearing
problems, headaches, anaemia, seizures, irritability, abdominal pain, vomiting, weight
loss, hyperactivity (id).

3.3 What are the risk factors identified with juvenile crimes?
Parents and educators should watch for certain characteristics or factors in juveniles, not
only because they may be precursors to criminal behaviour, but because they may signify
an underlying lead exposure issue or lead poisoning.

3.3.1 Failure in school
This factor manifests itself at an early age. Failure at school includes poor academic
performance, poor attendance, or more likely, expulsion or withdrawing from school.
This is an important factor for predicting future criminal behaviour. Leaving school early
reduces the chances that juveniles will develop the ‘social’ skills that are gained in
school, such as learning to meet deadlines, following instructions, and being able to deal
constructively with their peers (State of California: Legislative Analyst’s Office,
http://www.lao.ca.gov/1995/050195_juv_crime/kkpart3.aspx). In addition, juvenile who
are not in school have more opportunities to interact with unhealthy role models and
potentially engage in criminal behaviour.

3.3.2 Family problems
This factor includes a history of criminal activity in the family. It also includes juveniles
who have been subject to sexual or physical abuse, neglect, or abandonment. It is also
manifested by a lack of parental control over the child (id).

3.3.3 Substance abuse
This risk factor includes not just arrests for drug or alcohol possession or sale, but also
the effect of substance abuse on juvenile behaviour. For example, using alcohol or drugs
lowers a person’s inhibitions, making it easier to engage in criminal activity. Also, drug
abuse can lead to a variety of property offenses to pay for drug habits (id).

218

S.M. Miller

3.3.4 Pattern behaviours and ‘conduct’ problems
Pattern behaviours include chronic stealing or running away. Juveniles with ‘conduct’
problems can be characterised as those individuals who have not outgrown
aggressiveness by early adolescence (id).

3.3.5 Gang membership and gun possession
Gang membership and gang-related crime is primarily a juvenile problem. Gang
membership, especially at an early age, is strongly associated with future criminal
activity. Juvenile gun possession is a factor that ‘magnifies’ juvenile crime by making
offenses more likely to result in injury or death (id).

3.4 Has there been a decline in reports of lead poisoning and therefore a
decline in juvenile delinquency?
In recent years, there has been a steady decline of lead poisoning reports. As landlords of
government subsidised homes are required to inform tenants of lead exposure
(US Department of Housing and Urban Development, http://portal.hud.gov/hudportal/
HUD?src=/program_offices/healthy_homes/enforcement/disclosure), it has been quite
common that although the paint is not scraped and removed, several landlords have
painted over the old paint with new lead-free based paint to reduce exposure
(Leadfreekids.org, http://leadfreekids.org/my_home/index.php). There are other proactive
measures that contributed to this decline as well. From these proactive measures,
scientists and researchers have seen blood lead levels decrease and severe/fatal lead
levels are almost non-existent. Because of the increased awareness, physicians are more
aware of the various symptoms to provide a quicker reaction to those exposed to lead.
Although there has been a steep decrease in lead exposure in all children, higher lead
concentration levels remain widespread amongst African-American children and poor
children (American Academy of Pediatrics, http://pediatrics.aappublications.org/content/
116/4/1036.full). Suspected factors in contributing to the higher concentrations amongst
African-Americans and poorer children could stem from the shortage of affordable
housing and the lack of significant increases in minimum wage jobs. In spite of this, there
still can be no definitive answer as to whether there has been a decline in juvenile
delinquency as a result of the decline in lead poisoning amongst children exposed at an
early age. These studies are assumed to continue to eventually bring to a close that lead
poisoning does have an effect of juvenile delinquency.

3.5 Moving forward
Knowing there is at least a correlation between lead poisoning amongst children and
juvenile delinquency, it is important to continue to educate parents, physicians and
teachers the importance of ways to decrease lead exposures to children. Landlords need
continue being required to disclose the possibility for their structure to contain lead, but
on a more proactive approach, there needs to be more required of them. It should be the
law for landlords to repaint all areas, with lead free paint, each time a new tenant moves
in. This would decrease the chances of paint drying out, flaking off, and creating dust and
paint chips that could have absorbed some of the old lead-based paint. Increased calcium

Lead poisoning

219

intake should also be encouraged as part of school and daycare meals and nutritional
programmes for low-income families, since researchers have concluded that increased
calcium intake helps to prevent lead poisoning.3

4

Conclusions

Although lead is common element that can be found in several places such as old paints,
soils, old piping, water, and the air, it can cause irreversible damage to the body and its
nervous system. The damage can range from simple headaches to death. However, early
detection and treatment is important to reduce the risk of damage to children. Early
detection and treatment can prevent children from experiencing permanent damage in the
long run. Prevention and treatment begins with removing children from environments
where they can be exposed to lead. As physicians learn more about this area in the health
and sciences, they should be able to provide improved and more effective treatments to
safely remove lead from the body.

References
American Academy of Child and Adolescent Psychology, ‘Lead exposure in children affects brain
and behavior’ [online]
http://www.aacap.org/cs/root/facts_for_families/lead_exposure_in_children_affects_brain_and
_behavior (accessed 1 September 2012).
American Academy of Pediatrics, ‘Lead exposure in children: prevention, detection, and
management’ [online] http://pediatrics.aappublications.org/content/116/4/1036.full
(accessed 7 September 2012).
BBC News World Edition: Health [online] http://news.bbc.co.uk/2/hi/health/2632261.stm
(accessed 1 September 2012).
Illinois Department of Health [online] http://www.idph.state.il.us/public/hb/hblead.htm
(accessed 1 September 2012).
Leadfreekids.org [online] http://leadfreekids.org/my_home/index.php
(accessed 7 September 2012).
Minneapolis Department of Health and Family Support (2008) ‘Lead poisoning, behavior problems
and violence’, August,
http://www.minneapolismn.gov/www/groups/public/@health/documents/webcontent/convert_
265532.pdf.
National Institute of Justice (1993) Drug Utilization Forecasting.
Norton, C. (2000) ‘Lead poisoning is linked to juvenile delinquency’, The Independent,
16 May, [online] http://www.independent.co.uk/news/uk/this-britain/lead-poisoning-is-linkedto-juvenile-delinquency-718524.html (accessed 1 September 2012).
Patel, A. (2000) ‘How does lead effect the nervous system’ [online]
http://serendip.brynmawr.edu/bb/neuro/neuro00/web2/Patel.html
(accessed 1 September 2012).
Product Safety Certification Organization, ‘Lead poisoning: get the facts about the threat’ [online]
http://www.safetyathome.com/environmental-safety/environmental-safety-articles/leadpoisoning-get-the-facts-about-the-threat/?gclid=CNSMgr-imrICFWRntgodhWUA_A
(accessed 6 September 2012).
State of California: Legislative Analyst’s Office, ‘Juvenile Crime – Outlook for
California – Part III’ [online] http://www.lao.ca.gov/1995/050195_juv_crime/kkpart3.aspx
(accessed 6 September 2012).

220

S.M. Miller

Talkleft.com, ‘New study: lead poisoning linked to juvenile crime’ [online]
http://www.talkleft.com/story/2003/01/08/214/26722 (accessed 1 September 2012).
University of Medicine and Dentistry of New Jersey, New Jersey Medical School, ‘Healthful life
project’ [online] http://njms2.umdnj.edu/hwmedweb/archives/LeadDelinq_archive.htm
(accessed 6 September 2012).
US Department of Housing and Urban Development, ‘The lead disclosure rule’ [online]
http://portal.hud.gov/hudportal/HUD?src=/program_offices/healthy_homes/enforcement/discl
osure (accessed 7 September 2012).
Wisconsin Council on Children and Families, ‘Lead poisoning and juvenile delinquency’ [online]
http://wccf.org/pdf/lead_delinquency_brief.pdf (accessed 6 September 2012).

Notes
1
2
3

Talkleft.com, supra note 11.
Wisconsin Council on Children and Families, supra note 12.
University of Medicine and Dentistry of New Jersey, supra note 14.