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This Article focuses on unifying the protocol for state competency evaluations, but with special concerns about undiagnosed FASD and developmental immaturity in adolescents. States do not mandate any process whereby psychometric tests are first performed prior to psychiatric mental status evaluations, often causing disparities in evaluations which might easily be avoided in court proceedings. Adding to the complications in current competency evaluations are recent studies from Canada and Australia identifying exceptionally high rates of FASD in incarcerated adolescents following multi-disciplinary teams’ studies directed at identifying FASD. If these studies’ rates of FASD turn out to be similar for children in the U.S. juvenile justice system, then systemic reform is called for as we are failing to identify this congenital condition when adolescents enter the system and then continue on into the adult criminal system without recognition of their prenatal exposure to alcohol.
Studies on criminal justice in Ghana have implicated the police in bribery, breach of trust, crime trade, and brutality, among others. This study departed from the approach of “perceived wrongs” cited against the police and examined the less untold challenges which militate against child-friendly policing in the country. A total of 160 police respondents were randomly selected from three police districts in the Northern Region of Ghana in a correlational study design. Administering a questionnaire was used as the primary data collection method. The study found that the police are constrained by inadequate cells for juveniles, inadequate serviceable vehicles, lack of remand homes for juveniles, lack of State-owned temporary shelters for victims of abuse and inadequate budgetary support for handling juvenile crimes. Using Kendall’s coefficient of concordance, with a 147.119 (df = 5) value for χ2, the asymptotic significance (p) was 0.000, signifying a significant agreement among police officers’ grading scores. Kendall’s coefficient of concordance (W) figure was found to be 0.751, implying that 75.1% of the ranking scores given by police officers were in consonance with these challenges which have restrained them from any practical child-friendly policing and administration of juvenile justice in the study locality.
Research has established critical consciousness (CC) as an important developmental competency, yet less is known about how to promote it, particularly for privileged youth. Service-learning experiences hold promise as context of CC development, but more research is needed to understand if they foster CC, for whom, and under what circumstances. This study examines the development of CC within what we term a critical service learning experience: the Resilience, Opportunity, Safety, Education, and Strength (ROSES) advocacy program. We connect specific features of this experience to expected growth in CC components among a group of educationally privileged university students serving as advocates for juvenile legal system-impacted girls. We delineate how engagement with ROSES is likely to influence critical consciousness among advocates themselves, then leverage exploratory data from advocates to empirically examine changes in CC over the course of ROSES. We examine changes in advocates’ interpersonal skills, critical reflection, critical motivation, and critical action as a result of participation in ROSES. We discuss patterns in these findings and examine how key characteristics of advocacy intervention implementation influenced skill development. We end by theorizing further on mechanisms of change in CC due to ROSES program participation and other service learning experiences.
The juvenile justice system in the USA adjudicates over seven hundred thousand youth in the USA annually with significant behavioral offenses. This study aimed to test the effect of juvenile justice involvement on adult criminal outcomes.
Methods
Analyses were based on a prospective, population-based study of 1420 children followed up to eight times during childhood (ages 9–16; 6674 observations) about juvenile justice involvement in the late 1990 and early 2000s. Participants were followed up years later to assess adult criminality, using self-report and official records. A propensity score (i.e. inverse probability) weighting approach was used that approximated an experimental design by balancing potentially confounding characteristics between children with v. without juvenile justice involvement.
Results
Between-groups differences on variables that elicit a juvenile justice referral (e.g. violence, property offenses, status offenses, and substance misuse) were attenuated after applying propensity-based inverse probability weights. Participants with a history of juvenile justice involvement were more likely to have later official and violent felony charges, and to self-report police contact and spending time in jail (ORs from 2.5 to 3.3). Residential juvenile justice involvement was associated with the highest risk of both, later official criminal records and self-reported criminality (ORs from 5.1 to 14.5). Sensitivity analyses suggest that our findings are likely robust to potential unobserved confounders.
Conclusions
Juvenile justice involvement was associated with increased risk of adult criminality, with residential services associated with highest risk. Juvenile justice involvement may catalyze rather than deter from adult offending.
Youth in the juvenile justice system evince high rates of mental health symptoms, including anxiety and depression. How these symptom profiles change after first contact with the justice system and – importantly – how they are related to re-offending remains unclear. Here, we use latent growth curve modeling to characterize univariate and multivariate growth of anxiety, depression, and re-offending in 1216 male adolescents over 5 years following their first arrest. Overall, the group showed significant linear and quadratic growth in internalizing symptoms and offending behaviors over time such that levels decreased initially after first arrest followed by a small but significant upturn occurring a few years later. Crucially, multivariate growth models revealed strong positive relationships between the rates of growth in internalizing symptoms and offending behaviors such that improvements in mental health related to greater decreases in offending, and vice versa. These results highlight the reciprocal nature of internalizing and externalizing problems in adolescence, underscoring the importance of considering mental health alongside offending in the juvenile justice system.
The United States juvenile justice system has primary oversight of youth who come into contact with legal authorities. This system is purposefully distinct from the adult system given the presumption of youths’ reduced culpability for delinquent behavior and increased potential for rehabilitation. Some juvenile court policies and practices are supportive of youth while others may drive youth further into the juvenile justice system. Today, we are at a point in which we can—and should—use information technology to accrue data to unpack the impact of these policies and practices on and across youth. Moreover, technology-driven policies and practices such as electronic monitoring may be detrimental to the well-being of youth, whereas others such as video conferencing could be more widely used to benefit youth. While juvenile courts hold youth accountable for their behavior, courts also need to be accountable to youth by employing data-informed policies and practices that advance the health and well-being of youth.
This chapter focuses on identifying and reviewing current clinical recommendations for the following special populations of children and adolescents: rural populations, ethnic minority populations, sexual and gender minorities, and youth in the juvenile justice system. Each of the common barriers to treatment with these populations is identified, as well as clinical recommendations for working effectively with children and adolescents with these identities or contextual factors. Ethical concerns associated with working effectively with each population are indicated, with resources to help clinicians engage these patients in a skilled and affirmative manner. Supplementary sources of information are also identified to help encourage clinicians’ continued exploration into current clinical guidelines for working with children and adolescents within these special populations.
Over 4,500 children were detained in Rwanda in 1998, most accused of participating in the genocide. This chapter introduces the issue of children accused of committing genocidal acts, but also more broadly, children involved in atrocities (including terrorist attacks). It explains the rationale for the book, noting that states have discretion to prosecute children but that there are various minimum standards, contained primarily in the Convention on the Rights of the Child, that must be upheld. These standards are binding in respect of all states that have ratified the treaty, yet post-conflict states often face significant reconstruction challenges. What, then, are the implications where states decide to prosecute minors for atrocity crimes? The chapter also introduces the role that international actors can play in enhancing implementation of, and compliance with, international standards, noting in particular UNICEF’s role as the lead UN agency for children in conflict with the law. The chapter notes the contribution of the book to existing scholarship and outlines the multidisciplinary approach, assumptions and methodology of the study, which includes semi-structured interviews and archival research, institutional and doctrinal analysis, and grounded theory and process tracing approaches. It also discusses the limitations and challenges involved in empirical research.
Individuals who have committed atrocities may be tried by national courts for international crimes or for ordinary crimes (the underlying offence). Children who come into conflict with the law are accorded special protection under international human rights law which goes beyond the protection provided to adults. Chapter 2 provides a detailed review of international juvenile justice standards, in particular those contained in the CRC, pertaining to children who come into conflict with the law generally. These include minimum procedural guarantees, restrictions on sanctions, and the requirement on states to establish a minimum age of criminal responsibility, put in place juvenile-specific laws, procedures and institutions, and act in the best interests of the child. The focus then shifts to child perpetrators of international crimes. The chapter considers briefly whether children can be prosecuted for international crimes, analysing international criminal law and practice and the treaties that require states to prevent and punish core international crimes. After establishing that children can be prosecuted for international crimes, the chapter argues that a child who is accused of committing genocide, or any other international crime, is entitled to the same rights and protections as a child who has committed an ordinary crime.
Following the genocide, the Rwandan government adopted a policy that sought to hold accountable all those suspected of participating in the genocide, including minors. Chapter 5 provides a detailed and comprehensive account of how child perpetrators were dealt with in Rwanda in law, policy and practice. It examines how children were held accountable for participating in the genocide, considering whether they were given differential treatment on grounds of their age (and if so, what the relevant age thresholds were). It considers broadly whether Rwanda complied with international juvenile justice standards, including on the minimum age of criminal responsibility, sanctions, juvenile-specific institutions and procedural guarantees. These issues are explored in the context of arrests and detentions, criminal justice mechanisms (both formal courts and gacaca jurisdictions) and administrative measures taken to address genocidal acts.
The responsibility for implementing and complying with international standards rests firmly with states. However, post-conflict states often lack resources and may also face significant socio-political challenges. Chapter 3 explores whether international child rights standards make any allowances for the context in which they are to be implemented, reviewing the ‘escape’ route of derogations, considering whether the economic, social and cultural context may be taken into account, and addressing textual flexibility. It also expounds factors, including resources and public opinion, that might affect the operationalisation of juvenile justice standards in particular. The state does not, however, operate in a vacuum. There is a range of international mechanisms that promote implementation of, and compliance with, human rights. This chapter reviews these mechanisms as they relate to children’s rights, examining in particular the Committee on the Rights of the Child established by the CRC to monitor state compliance with the treaty, before focusing in some detail on UNICEF. The chapter provides an overview of UNICEF’s institutional nature, its relationship with the CRC and its stance on juvenile justice, all of which are key to understanding UNICEF’s involvement in Rwanda and its approach to child génocidaires.
Following a devastating genocide in 1994, the Rwandan government elected to hold all perpetrators accountable - including children. Thousands of children were held in prisons while awaiting charges; some were later convicted. This book is about these children. Drawing on interviews and extensive archival research in Rwanda, it documents their journey through prisons, formal courts, gacaca proceedings or re-education centres. Its insights extend beyond Rwanda, looking at how international law protects children accused of even the most serious atrocities. The book is about law in action, and how states, and international organisations, operationalise international standards on child perpetrators in challenging post-conflict conditions. Engaging with theories from international law, international relations and anthropology, it illuminates strategies utilised by UNICEF to promote the rights of alleged child génocidaires and traces UNICEF's positive influence on their protection. It makes the case for principled pragmatism as an approach to human rights promotion in post-conflict societies.
To understand how exposure to victimization during adolescence and the presence of comorbid psychological conditions influence substance use treatment entry and substance use disorder diagnosis from 14 to 25 years old among serious juvenile offenders, this study included 1,354 serious juvenile offenders who were prospectively followed over 7 years. Growth mixture modeling was used to assess profiles of early victimization during adolescence (14–17 years). Discrete time survival mixture analysis was used to assess time to treatment entry and substance use disorder diagnosis. Posttraumatic stress disorder (PTSD) and major depressive disorder (MDD) were used as predictors of survival time. Mixture models revealed three profiles of victimization: sustained poly-victimization, moderate/decreasing victimization, and low victimization. Youth in the sustained poly-victimization class were more likely to enter treatment earlier and have a substance use diagnosis earlier than other classes. PTSD was a significant predictor of treatment entry for youth in the sustained poly-victimization class, and MDD was a significant predictor of substance use disorder diagnosis for youth in the moderate/decreasing victimization class. Therefore, substance use prevention programming targeted at youth experiencing poly-victimization in early adolescence—especially those who have PTSD or MDD—is needed.
Researchers note that the transitions of secondary students with disability in and out of the juvenile justice system are problematic for both the young person and leadership teams of their sending and receiving schools. Much of the literature focuses on barriers to successful transitions; however, there are some accounts of positive transition practices. In this article, we identify these positive practices and outline the steps school principals and executives involved in transitioning secondary school students with disability in and out of juvenile justice settings can take to smooth the way and improve student outcomes for this vulnerable population.
In recent years, we have witnessed various efforts by the federal government to advance our justice system and improve public safety. Collaborations across justice and service agencies and research on what works in criminal justice policy have been central in criminal justice reform activities. Within the juvenile justice arena, reducing rates of victimization and delinquency, as well as implementing strategies to reduce racial and ethnic disparities remain priorities. In this essay, I discuss how research on neuroscience and brain development, and racial and ethnic disparities in justice system outcomes has informed juvenile justice policy and procedural protections for youth. I also review how school policies and practices can perpetuate racial and ethnic disparities in justice outcomes. Throughout the essay, I discuss the federal government’s role in supporting research to advance policies and practices designed to reduce these harms. I highlight the implications of these activities and ways in which data and research can continue to play a key role in realizing equal opportunity and justice for all youth, especially as they are the most vulnerable members of society.
Lack of relevant data has continued to militate against the development of policy and practice toward identification and treatment of alcohol/substance abuse among adolescents coming in contact with the juvenile justice system in Nigeria. This study aims to provide such data, including its policy/practice implications.
Methods.
One hundred and seventy eight (178) adolescents, who are representative of adolescents within the youth correctional services of Lagos jurisdiction, were interviewed using the alcohol and substance abuse section of the Kiddies’ Schedule for Affective Disorders and Schizophrenia.
Results.
The lifetime prevalence rate of abuse of/dependence on any of alcohol or other substances was 22.5% (alcohol, 12.3%; illicit substance, 17.9%). Males were overrepresented among those with any substance use disorder, with gendered prevalence rate as high as 35%. Having had a lived-experience of being a street-child was the single most significant independent factor (Odds ratio (OR), 8.4; p = 0.007) associated with lifetime alcohol substance use disorder.
Conclusions.
Substance use disorder is highly prevalent among adolescents within the juvenile justice systems in Lagos Nigeria. There is need for deliberate incorporation of alcohol and substance abuse screening and intervention as part of individual care plan in youth correctional facilities in Nigeria. Practical steps toward achieving this were drawn from local reality and international best practices.
The goal of this study was to analyze the recidivism rate in minor offenders to whom a minimum intervention measure was applied after their first felony or misdemeanor, and to determine the variables associated with recidivism. The sample was made up of 154 minors from the province of Santa Cruz of Tenerife (Canary Islands, Spain). The information was collected from the database of the Minors' Court. The recidivism rate depends on the measure imposed, ranging between 14 and 40.6%. The degree of agreement between the Technical Team's proposal and the court decision was 70%. With regard to the variables associated with recidivism, a model was obtained through logistic regression that correctly classified 83.7% of the cases, and was made up of the variables perception of parenting problems, intervention of social services, and social isolation.
Durante la última década se ha producido un número importante de estudios sobre la efectividad de las sanciones judiciales para reintegrar a delincuentes juveniles y los efectos de las prácticas correccionales en su reincidencia delictiva. El hallazgo común en la mayoría de aquellas investigaciones es que las medidas judiciales (generalmente denominadas medidas socioeducativas en el caso de menores infractores) aplicadas en ámbitos comunitarios son más efectivas que aquellas que se ejecutan en contextos de privación de la libertad. Aunque reconozcamos la importancia de favorecer el uso de sanciones judiciales en ámbitos comunitarios antes que el encarcelamiento -y por tanto estos hallazgos contribuyan a tal posición- estos estudios aparentemente no han tomado en cuenta los efectos de sesgo metodológico condicionados por la Administración de Justicia Criminal. En los ensayos aleatorios controlados, los sujetos son asignados al azar en los tratamientos a los que son sometidos. En la Justicia Criminal, existe un sesgo de selección atribuido al juez al momento de sancionar a un convicto con un tipo de sanción (de encarcelamiento o no), según el tipo de delito cometido o según las características de riesgo criminogénico de éste. Por tanto, concluir sobre la efectividad de una intervención sin tales controles metodológicos restringe la validez de sus resultados. Por otro lado, la efectividad de los programas de reintegración incorporados en las sanciones judiciales ha sido generalmente medida a través de las tasas de reincidencia de tales programas. Sin embargo, en la composición de la varianza de reincidencia explicada subyacen tanto los efectos atribuidos a los programas como a otras variables intervinientes que generalmente no son controladas dadas las limitaciones metodológicas de los diseños de investigación posibles de ejecutar en contextos judiciales. Tomando en cuenta los resultados de las revisiones sistemáticas y los meta-análisis desarrollados fundamentalmente por el Grupo Campbell, este artículo analiza el estado del arte reportado en la literatura internacional sobre la efectividad correccional y discute las discrepancias metodológicas de los estudios previos ante los nuevos hallazgos.