What Predicts Out-of-Home Placement in Juvenile Court Dispositions? A Systematic Review and Meta-Analysis.

Research suggests that juvenile court dispositions are influenced by legal factors, such as offense severity and prior record, as well as extralegal factors, such as race/ethnicity, sex, and age. To date, however, no research has reviewed whether legal or extralegal factors are more predictive of juvenile court dispositions across extant research. To address this gap, the present study reports on a systematic review and meta-analysis of predictors of residential placement in the juvenile justice system. A total of 40 independent samples were analyzed from 33 studies that met the criteria for inclusion in the review. Meta-analytic techniques were used to examine the average effects of offense characteristics, prior record, age, preadjudication detention status, race and ethnicity, sex, and contextual factors on odds of placement. The findings suggest that legal factors are more strongly associated with juvenile court dispositions than extralegal or contextual factors. Additionally, the strongest predictor of placement was whether the juvenile defendant had been detained at intake, illustrating the influential role of early case assessment in juvenile court.

Responsabilização socioeducativa: entre a coerção e a educação / La responsabilité socio-éducative: entre contrainte et éducation / Socio-educational accountability: between coercion and education

O presente artigo tem por objetivo apresentar alguns resultados de uma pesquisa de mestrado relativa à responsabilização socioeducativa. Discute as formas de prevenir e tratar o delito juvenil na atualidade, reconhecendo a aplicação das medidas socioeducativas como o principal mecanismo de responsabilização pela prática de ato infracional. Realizamos um breve histórico da legislação e das instituições destinadas ao atendimento dos adolescentes no intuito de conhecer as maneiras de tratar o delito juvenil antes do advento do Estatuto da Criança e do Adolescente (ECA). Partimos do pressuposto que a medida socioeducativa, em especial a internação, se reveste tanto por um aspecto coercitivo quanto educativo, sendo que a articulação na prática desses dois elementos tem se revelado como um constante desafio. Assim sendo, investigou-se, a compreensão da socioeducação, bem como sua articulação com a temática da responsabilização. A pesquisa revelou que há três tipos de responsabilização ­ a jurídica, a subjetiva e a educativa ­ e que o trabalho socioeducativo se faz a partir dessa tensão.

Cet article vient présenter quelques résultats de la recherche de maîtrise sur la responsabilité socio-éducative. Il aborde les moyens de prévenir et de traiter la délinquance juvénile de nos jours, en reconnaissant l'application de mesures socio-éducatives comme le principal mécanisme de responsabilisation pour la pratique d'actes délictueux. Nous faisons un bref historique de la législation et des institutions destinées à la prise en charge des adolescents afin de connaître les manières de traiter la criminalité juvénile avant l'avènement du Statut de l'Enfant et de l'Adolescent (ECA). Nous partons de l'hypothèse que la mesure socio-éducative, en particulier l'internement, est couverte par un aspect coercitif autant qu'éducatif, étant donné que l'articulation dans la pratique de ces deux éléments s'est révélée être un défi constant. Nous avons donc étudié la compréhension de la socio-éducation, ainsi que son articulation avec le thème de la responsabilité. La recherche a révélé qu'il existe trois types de responsabilité - légale, subjective et éducative - et que le travail socio-éducatif se fait à partir de cette tension.

This article aims to present some results of the master's research on socio-educational accountability. It discusses ways to prevent and treat juvenile crime today, recognizing the application of social and educational measures as the main mechanism of accountability for the practice of transgressive acts. We conducted a brief history of legislation and institutions designed to assist adolescents in order to understand the ways of dealing with juvenile crime before the advent of the Statute of the Child and Adolescent (ECA). We assume that the socio-educational measure, especially internment, has both a coercive and educational aspect, and that the articulation of these two elements has objectively revealed itself as a constant challenge. Therefore, we investigated the understanding of socioeducation, as well as its articulation with the theme of accountability. The research revealed that there are three types of accountability - legal, subjective and educational - and that the socioeducational work is based on this tension.

¿Quién gobierna? Gobernamentalidad en la intervención de adolescentes infractores en el sur de Chile / Who governs? Governamentality in adolescent offenders intervention in the south of Chile

En Chile diversas investigaciones coinciden en afirmar que la implementación de la Ley de Responsabilidad Penal Adolescente no ha logrado proteger los derechos de los jóvenes sancionados. Desde la perspectiva teórica de la gobernamentalidad, este estudio tiene como objetivo comprender la articulación entre las tecnologías de gobierno y las prácticas de subjetivación de adolescentes con infracción de ley en un programa de Libertad Asistida en el sur de Chile. Utilizamos una metodología cualitativa de estudio de caso de un programa que consideró entrevistas a interventores, observación de talleres, análisis de documentos y de perfiles Facebook. Como principales resultados afirmamos que en el programa se produce una articulación entre las tecnologías que pretenden gobernar comportamientos de los adolescentes y las prácticas o tecnologías del yo de los adolescentes que permite, al mismo tiempo, la mantención del programa, así como de contra conductas de los adolescentes que entra en conflicto con la ley. Se discute el rol del sistema de licitación de estos programas y su relación con la lógica penal de cuantificación de las sanciones en la producción de sujetos.(AU)

In Chile, several investigations coincide in affirming that the implementation of the Adolescent Penal Responsibility Law has failed to protect the rights of penalized youth. From the theoretical perspective of governmentality, this study aims to understand the articulation between government technologies and the subjectivization practices of adolescents with a law violation in an Assisted Freedom program in southern Chile. We used a qualitative methodology of case study of the program that consisted of interviews with staff, observation of workshops, analysis of documents and Facebook profiles of adolescents. As main results we affirm that in the program there is an articulation between the technologies that seek to govern adolescent behaviors and the practices or technologies of the self of adolescent that allows both, the maintenance of the program, and counter-behaviors of the teenagers who conflict with the law. The role of the bidding system for these programs and its relationship with the penal logic of quantifying sanctions in the production of subjects are discussed.(AU)

Mock jurors' perceptions and case decisions following a juvenile interrogation: Investigating the roles of interested adults and confession type.

OBJECTIVE: Interested adults, such as parents and attorneys, may pose as safeguards against juveniles' vulnerabilities during custodial interrogations; yet, the trial-level ramifications of their presence are unknown. The current research examined mock jurors' perceptions and case decisions after they read about disputed juvenile confession evidence elicited in the presence of an interested adult. HYPOTHESES: We hypothesized that when reading about a voluntary confession (vs. coerced or none), participants would be more likely to convict, find the defendant vulnerable, and view his interrogation less negatively. When an interested adult (parent or attorney) was present, we anticipated an increase in convictions, lower vulnerability perceptions, and less negative views of the interrogation, and especially so when the adult encouraged the juvenile to speak. METHOD: Jury-eligible participants in Study 1 (N = 435) and Study 2 (N = 673) read a case about a 15-year-old male charged with murder and then completed a post case questionnaire. We manipulated confession type (coerced, voluntary, none) in both studies, interested adult's mere presence (parent, attorney, no adult) in Study 1, and adult advice (parent/attorney prompting the defendant to keep quiet or speak) in Study 2. RESULTS: Overall, findings demonstrated higher conviction rates when there was a voluntary confession (vs. coerced or none). Study 1 revealed that a parent's or attorney's presence inflated conviction rates, and Study 2 demonstrated that adults' advice did not affect convictions or perceptions. CONCLUSIONS: Interested adults' presence during juvenile interrogations seems to legitimize confession evidence instead of protecting juveniles at the trial level. (PsycInfo Database Record (c) 2020 APA, all rights reserved).

Crystalline methamphetamine (ice) use prior to youth detention: A forensic concern or a public health issue?

Links between crystalline methamphetamine (CM) use and criminal offending are often drawn in the media; however, there has been little scientific research into this relationship. The aim of this study was to ascertain the prevalence and correlates of lifetime CM use among a sample of young people in detention in Australia and to examine whether an association exists between lifetime CM use and recidivism in this population.The sample included 202 young people (164 males) in youth detention in the state of Victoria, Australia. Participants were administered questionnaires related to lifetime substance use and socio-environmental experiences. Lifetime mental health data and offending data were obtained for each participant from public mental health and policing databases. More than one third (38%) of the sample reported lifetime CM use. In multivariate logistic regression analyses, older age, male gender, polysubstance use, and high levels of community disorganisation were associated with CM use. The presence of a psychiatric diagnosis over the lifetime was not significantly associated with CM use. CM use was also not significantly associated with violent recidivism. Efforts to address CM use and related harm in detained youth should include community-based strategies to reduce CM use among this vulnerable population following their release from detention. However, the findings suggest that CM use on its own is unlikely to be an important consideration for professionals concerned with determining which young people should be selected for treatment designed to reduce the risk of violent recidivism.

Factor structure of the critical consciousness scale in juvenile legal system-involved boys and girls.

The Critical Consciousness Scale (CCS) is a recently developed and validated measure for use with low-income, diverse adolescents. However, research on the psychometric properties of this scale with juvenile legal system-involved youth is lacking. This study examines the psychometric properties of the critical reflection subscales of the CCS in a cross-sectional sample of 206 youth (48% girls) involved in the juvenile legal system to investigate (a) the factor structure of the critical reflection subscales of the CCS compared to existing adolescent samples, and (b) the extent to which critical reflection demonstrates measurement equivalence between boys and girls. Findings indicate (a) congruence with the previous literature on critical reflection but for system-involved girls, and (b) a difference in the structural relationships between perceived inequality and egalitarianism by gender. This study contributes to the nascent, psychometric literature on measures of critical consciousness in an underrepresented and unique adolescent population.

Understanding the perception of stakeholders in reducing adolescent-to-parent violence/aggression.

INTRODUCTION: Adolescent-to-parent violence/aggression (APV/A) is an understudied yet increasingly common social problem for adolescents and families, particularly those involved in the juvenile justice system. The current study focused on improving interventions for this population by gathering qualitative data from stakeholders to inform treatment targets. METHODS: Participants (N = 23) comprised of court professionals (n = 7), parents/guardians (n = 9), and their male adolescent children (n = 7) in the United States. Parent and adolescent participants were recruited through monthly court-mandated domestic violence education classes offered by the juvenile court. Parent/guardian participants were between the ages of 38 and 77 and consisted of four males and five females. Adolescents were between the ages of 14 and 17. Court professional participants consisted of judges, probation officers, and court psychologists. Semi-structured interviews were analyzed qualitatively using grounded theory. RESULTS: Results indicated that, from the perspective of key stakeholders, an effective intervention to reduce APV/A likely involves a two-pronged approach: (1) address specific and theoretically modifiable emotional, behavioral, and psychological factors at the adolescent-level; and (2) induce change in the family system by addressing environmental barriers to seeking treatment and by creating positive family relationships. CONCLUSIONS: The present study aimed to gather the perspectives of court professionals, adolescents, and parents/guardians regarding the development of an effective intervention for APV/A-involved families. This study represents the first step toward the development of a feasible, acceptable, sustainable, and effective intervention for adolescents and their families who are involved in the juvenile justice system due to APV/A.

Lesson learned? Mothers' legal knowledge and juvenile rearrests.

OBJECTIVE: The present study examined how mothers' personal characteristics, experience with, and attitudes toward the juvenile justice system are associated with their knowledge of the juvenile justice system over time. HYPOTHESES: We hypothesized that additional exposure to the system (via sons' rearrests) would be associated with greater legal knowledge. We predicted that White women, women with higher educational attainment, and women who had been arrested would experience greater gains in legal knowledge over time, relative to non-White women, women with lower educational attainment, and women who had not been arrested. Finally, we predicted that mothers' attitudes toward the legitimacy of the justice system would not be associated with their change in legal knowledge. METHOD: Mothers (N = 234) of male youth (majority non-White) completed a questionnaire of their knowledge about the juvenile justice system after their sons' 1st arrest (T1) and again 2.5 years later (T2). RESULTS: Knowledge did not improve over time, regardless of whether the youth was rearrested. Black mothers displayed less knowledge of the juvenile justice system when their sons were rearrested multiple times. Attitudes toward the justice system were not associated with legal knowledge. CONCLUSIONS: These results illustrate the importance of a family educational component to juvenile probation, especially as a vehicle to reduce disproportionate minority contact with the juvenile justice system. (PsycInfo Database Record (c) 2020 APA, all rights reserved).

[Assessment of the maturity of juvenile and young adult offenders according to §105 of German juvenile law: a developmental psychology perspective]. / Die Reifebeurteilung Heranwachsender nach § 105 JGG und der Umgang mit jungen erwachsenen Straftäterinnen und Straftätern aus entwicklungspsychologischer Sicht.

Assessment of the maturity of juvenile and young adult offenders according to §105 of German juvenile law: a developmental psychology perspective Abstract. Since 1953, according to § 105 of the German JGG (Jugendgerichtsgesetz/Juvenile Court Act), it has been possible to convict offenders aged 18.0 y-20y 11 mo either as juveniles or as adults, depending on their developmental status. Yet unambiguous criteria defining the individual stages of development are available neither to judges nor to experts. Thus, for this age group this may lead judges to make arbitrary decisions impairing the right of equal treatment before the law in Germany. In the absence of clear criteria for assessing maturity, experts nearly always recommend judging such offenders as juveniles. Recent findings from the neurosciences and developmental psychology show that not only juveniles but adolescents and young adults up to the age of 25y usually have significant potential for development. After an overview of the legal practices pertaining to juveniles in Germany and throughout Europe, we propose alternatives for the individual assessment of maturity.

Ensuring the rights of children with neurodevelopmental disabilities within child justice systems.

A recent UN general comment on criminal justice systems includes guidance to state parties regarding the implementation of the Convention on the Rights of the Child for children with developmental delays or neurodevelopmental disorders or disabilities. This guidance asserts that these children "should not be in the child justice system at all", but when present "should be individually assessed" to enable appropriate safeguards and accommodations to ensure the protection of their rights without discrimination. In this Viewpoint, we examine the significant barriers faced by children who are affected by neurodevelopmental disabilities to the realisation of their rights under international law and standards. These barriers include systemic and cultural barriers created by a lack of awareness among justice professionals about how to identify and work with children who have neurodevelopmental disabilities, as well as procedural barriers, which arise from the complexity and rigidity of many criminal justice processes. The effect of these barriers is that the child is denied their rights on an equal basis with other children without such disabilities.

Term-of-Years Sentences Since Miller v. Alabama.

Since the landmark case of Roper v. Simmons in 2005, the U.S. Supreme Court has ruled in a series of cases on sentencing for juvenile criminal offenders. Emphasizing that children are different for the purposes of criminal punishment, the Court has incrementally held that it violates the Eighth Amendment's prohibition against cruel and unusual punishment to impose death or life without parole for most juvenile offenders. Although the Supreme Court rulings establish minimum standards, they do not prescribe a clear framework for implementation. States have, accordingly, responded differently in interpreting and implementing the Supreme Court precedent. One area where a split exists between states is in juvenile term-of-years sentences that amount to de facto life sentences without parole. The case of People v. Contreras from California is one of the most recent state cases to address this problem. Reviewed here are Contreras, the historical precedent supporting juvenile justice reform, and jurisdictional responses to the notion of sentencing juveniles to de facto life sentences. Also discussed is a call for meaningful periodic opportunities for juveniles to be considered for release.

A specialty court for U.S. youth impacted by commercial sexual exploitation.

BACKGROUND: Specialty courts have emerged as a model of care for U.S. youth impacted by commercial sexual exploitation (CSE) to ensure comprehensive service provision. However, there is a lack of published research that documents the extent to which these programs achieve this goal. OBJECTIVE: We sought to understand a specialty juvenile justice court's role in identifying mental health and substance use treatment needs, providing linkages to services, and facilitating stability for youth with histories of CSE. PARTICIPANTS AND SETTING: We conducted an exhaustive court file review of the 364 participants in a U.S. based juvenile delinquency specialty court for youth affected by CSE. The observation period spanned 2012-2017. METHODS: The research team systematically transferred data from court files into a secure, electronic database. Descriptive statistics and Chisquared tests were calculated to explore potential associations. RESULTS: Participation in the specialty court for youth impacted by CSE suggests an increase in identification of mental health and substance use needs and linkages and referrals to mental health and substance use treatment services. In addition, there was increased stabilization as indicated by decreased substantiated child welfare allegations, fewer running away episodes, and placements and criminal involvement. CONCLUSIONS: Specialty courts that incorporate a multidisciplinary, trauma-informed approach offer a promising intervention model for meeting the high treatment needs of youth impacted by CSE.

Juvenile Drug Treatment Court.

Juvenile drug treatment courts (JDTCs) were established in the 1990s to reduce the cycle of crime, drug use, and delinquency among youthful offenders. The principles and guidelines underlying JDTCs, roles of multidisciplinary team members, and procedures common to JDTCs are described. Youth served by JDTCs are frequently male, identify as racial or ethnic minorities, come from impoverished backgrounds, and experience significant psychiatric comorbidity. This article reviews the small number of clinical trials that have examined adjunctive treatments using family-based and individual behavioral treatment approaches designed to improve the overall efficacy of JDTCs. Considerations for future research on JDTCs are described.

Lessons Learned: Challenges and Strategies for Conducting Family-Based Intervention Research in Juvenile Justice Settings.

Greater than 60% of youths in the juvenile justice system have a diagnosable mental health disorder, with substance use-related and addictive disorders being among the most common mental health disorders.1 Research studies have shown that family-based interventions targeting substance use-related and addictive disorders have two to nine times greater effect sizes compared with individual-based interventions.2 Family-based interventions, most notably, functional family therapy,3 multidimensional family therapy,4 and multisystemic therapy,5 have been shown to reduce substance use among justice-involved youths. Given the complex and multiple demands facing justice-involved youths, conducting family-based research within juvenile justice populations can be challenging. This article provides insights into the operational challenges and innovative strategies to address these challenges to conduct family-based intervention research with reentry youths.

Association of Childhood History of Parental Incarceration and Juvenile Justice Involvement With Mental Health in Early Adulthood.

Importance: Young adults with a childhood history of parental incarceration (PI) or juvenile justice involvement (JJI) are more likely to have worse mental health outcomes than their peers. However, the association between mental health and exposure to both PI and JJI (PI plus JJI) is unclear. Objective: To determine the association of PI plus JJI exposure with mental health outcomes in young adulthood. Design, Setting, and Participants: A cross-sectional study of the US National Longitudinal Survey of Adolescent to Adult Health was conducted to examine the associations between PI, JJI, and PI plus JJI and mental health outcomes (ie, depression, anxiety, posttraumatic stress disorder, suicidal ideation, and mental health counseling). In-home interviews were conducted of 13 083 participants; 704 participants with PI after age 18 years were excluded, and 12 379 participants formed the analysis sample. Participants were in grades 7 to 12 in 1994 to 1995 and were ages 24 to 32 years at follow-up in 2008. Data analysis was completed in 2019. Exposures: Parental incarceration, JJI, or PI plus JJI before age 18 years. Main Outcomes and Measures: Mental health outcomes in early adulthood (ages 24-32 years). The analysis included multivariable logistic regression models; accounted for individual, family, and geographic-level factors; and generated adjusted odds ratios. Results: Among 13 083 participants (6962 female; weighted proportion, 49.6%) with a mean age at wave 1 of 15.4 years (95% CI, 15.2-15.7 years), 10 499 (80.2%) did not have a history of PI or JJI, 1247 (9.1%) had childhood PI, 704 (5.2%) had PI after age 18 years, 492 (4.5%) had JJI only, and 141 (1.2%) had PI plus JJI. Sociodemographic characteristics varied by exposure. Exposure to both PI and JJI was associated with a greater risk of depression (adjusted odds ratio, 2.80; 95% CI, 1.60-4.90), anxiety (adjusted odds ratio, 1.89; 95% CI, 1.08-3.31), and posttraumatic stress disorder (adjusted odds ratio, 2.92; 95% CI, 1.09-7.82) compared with peers with neither exposure. Exposure to both PI and JJI did not have an additive association with mental health beyond PI or JJI alone. Conclusions and Relevance: This study suggests that exposure to the criminal justice system during childhood places individuals at risk for poor mental health outcomes in early adulthood. Clinical, advocacy, and policy efforts that prioritize reducing the impact of the US criminal justice system on children may yield substantive improvements in the mental well-being of those individuals as adults.

Youth homicide: a study of homicide predictor factors in adolescent offenders in custody in the south of Brazil / Homicídio juvenil: fatores preditores em adolescentes privados de liberdade no sul do Brasil

Abstract Objectives To assess the sociodemographic, psychiatric and criminal profile of adolescent offenders complying with temporary custody for homicide/homicide attempt and to compare it to that of the population of adolescents in custody for other crimes. Methods This cross-sectional study was based on the review of the medical records of 74 juvenile offenders in temporary custody at socioeducational agency Fundação de Atendimento Sócio-Educativo do Rio Grande do Sul. For the analysis, variables that presented p < 0.2 were included in multivariate adjustment through logistic regression. Results The sample comprised males only, mostly with white skin color (55.6 vs. 57.9% for homicidal and non-homicidal, respectively) and with a high prevalence of school failure (77.8 vs. 91.2%). There was a high prevalence of family history of delinquency (88 vs. 81%). Only years of study and belonging or not to a criminal organization remained statistically significant in the multivariate model. Conclusion The results show that having fewer years of study and denying belonging to a criminal organization are predictive factors of homicidal behavior in adolescent offenders (both with statistical relevance). The other variables were not statistically significant for this outcome. The present study may serve as a basis for further research, which may improve our understanding of risk factors for juvenile homicide.

Resumo Objetivos Avaliar o perfil sociodemográfico, psiquiátrico e criminal de adolescentes infratores que cumprem internação provisória por homicídio ou tentativa de homicídio e compará-los aos adolescentes privados de liberdade por outros atos infracionais. Métodos Este estudo transversal baseou-se na revisão dos prontuários médicos de 74 adolescentes infratores em internação provisória na Fundação de Atendimento Sócio-Educativo do Rio Grande do Sul. Para a análise, variáveis que apresentaram p <0,2 foram incluídas no ajuste multivariado por meio de regressão logística. Resultados A amostra foi composta apenas por homens, a maioria de pele branca (55,6 versus 57,9% para homicidas e não-homicidas, respectivamente) e com alta prevalência de reprovações escolares (77,8 vs. 91,2%). Houve alta prevalência de antecedentes familiares de delinquência (88 versus 81%). Apenas anos de estudo e pertencimento ou não a uma organização criminosa permaneceram estatisticamente significantes no modelo multivariado. Conclusão Os resultados mostram que ter menos anos de estudo e negar pertencer a uma organização criminosa foram fatores preditivos de comportamento homicida em adolescentes infratores (ambos com relevância estatística). As demais variáveis não foram estatisticamente significativas para esse desfecho. O presente estudo pode servir como base para futuras pesquisas, o que pode melhorar nossa compreensão dos fatores de risco para o homicídio juvenil.