Adult Criminal Justice System Research Articles

Using Linked Administrative Data to Explore Ethnicity, Care Experience and Justice Systems Involvement: Challenges and Possibilities.

The youth and adult criminal justice systems in England and Wales disproportionately draw in individuals from ethnic minority backgrounds (Lammy, 2017; YJB, 2021) and those who have been in care as children (HMIP, 2021; MoJ, 2012). While evidence suggests that there is likely to be considerable overlap between these two groups (Prison Reform Trust, 2016), there was previously little in the way of quantitative data to explore this. The newly linked MoJ/DfE datasets have provided a unique opportunity to investigate the intersections between ethnicity, care experience and justice systems involvement for the first time. This paper will draw on findings from an ADR UK (Administrative Data Research UK) Fellowship utilising the newly linked datasets. It will outline to what extent ethnic minority care-experienced people are over-represented in justice systems. It will also explore the nature of this involvement including offence type, frequency, and disposals. The findings will be contextualised within the wider literature on racialisation (Phillips, 2012) and criminalisation in care (Howard League, 2017) to enable a broader understanding of the issues. The paper will outline the challenges of conducting interdisciplinary research using linked data from across government departments as well as the possibilities for future research.

Understanding developmental life-course theory for justice-involved girls and women residing in rural coercive sexual environments

ABSTRACT Coercive sexual environments (CSE) spotlight spatial disadvantage and sexual exploitation of at-risk girls in the United States. While existing literature explores sexualised culture in rural places, little is known about rural CSEs. The current study folds a developmental life-course framework together with the CSE phenomenon and gendered pathways to assess rural communities’ responses to ‘difficult’ girls. Incarcerated girls and women, as well as community stakeholders from rural communities, were interviewed to assess the gendered pathways of delinquent girls. Findings confirmed girls (juveniles) and young women (adults) can identify overt and covert community (in)actions that ignore their abuses and criminalise their trauma. Within this study, 37.5% of the sample moved from the juvenile justice system to the adult criminal justice system, with all previously residing in non-urban locations. Evidence suggests traditional gendered norms influence the community's responses to girls in rural CSEs, which partially explains the abuse-to-prison pipeline and later involvement in the criminal justice system.

The development of early onset, chronic, and versatile offending: The role of fetal alcohol spectrum disorder and mediating factors

IntroductionIt has been hypothesized that there are at least five pathways to adolescent serious and violent offending (SVOs), which include a prenatal risk factor pathway, a personality disorder pathway, an extreme child temperament pathway, a childhood maltreatment pathway, and an adolescent-onset pathway (1). These distinctive pathways have several important criminal justice system policy and public health implications. For the former, one of the most fundamental challenges has been devising and implementing effective intervention policies/programs to reduce recidivism. As well, SVOs frequently have been a major public health concern because their developmental pathways to offending, not uncommonly, are characterized by several physical and mental health risk factors, which also negatively affect their general social functioning. These risk factors include substance abuse, different forms of abuse including physical, sexual, and neglect, family poverty and disruption, and mental health disorders. Fetal alcohol spectrum disorder (FASD) is one mental health disorder that is so strongly over-represented among offender populations that it has been hypothesized to represent the SVO prenatal risk facto pathway (1). Like other pervasive developmental disorders, FASD is a complicated phenomenon; however, its etiology is less controversial because it is directly caused by the toxic effects of ethanol concentrations in alcohol on the development of the fetal brain. Frequent consumption of higher amounts of alcohol or binge drinking during the second trimester of pregnancy are two ways in which the likelihood of FASD is increased. Given that FASD too is a spectral disorder, its developmental impact on SVOs is very likely varied and mediated by other risk and protective factors.In Canada and other countries with substantial Aboriginal and First Nations populations (e.g., Australia and New Zealand), FASD is a fundamental health and mental health policy issue (2). Although FASD is not easily diagnosable, primarily because current tests are time consuming and costly, FASD has been reported to be disproportionately present among Aboriginal youth in both Canada (2) and Australia (3). Another policy theme is that FASD has likely been under-diagnosed for a variety of reasons but primarily because of resource limitations. It is difficult to obtain and validate prevalence estimates across different countries; yet few health officials in countries such as Canada, Australia, New Zealand, and the United States deny that FASD is a critical public health concern, generally, and for youth and adult criminal justice systems, in particular.In this study, a sample of incarcerated adolescent offenders (n = 514) were asked whether they had been told they had been diagnosed with FASD. File data also was utilized to assess or support the FASD assertion, though, this data too was subject to incomplete reporting. Additional criminogenic risk factors, including abuse, substance use, placement in foster care, and low self-control, were included to examine whether these factors mediated the relationship between FASD and different criminal offending outcome measures. As well, both criminal justice and public health systems' FASD-related costs were considered.Outcomes associated with FASDFASD has been causally related to neuro-cognitive deficits involving executive functioning, behavioral regulation problems, learning, and other mental and physical health problems (4,5). Nonetheless, the prevalence of FASD diagnoses in general populations has been estimated to be very low. Sampson et al. (6), for example, estimated that less than 1% of live births were afflicted with some form of alcohol-related neuro-developmental disorder. In effect, FASD does not appear to be a pervasive social/health issue. However, in countries such as Canada, the prevalence of FASD within certain criminogenic sub-populations (e.g., youth on probation) has been estimated to be as high as 30% (7), and similarly high among youth in forensic inpatient centers (8). …

Fetal alcohol spectrum disorder and confabulation in psycholegal settings: A beginner's guide for criminal justice, forensic mental health, and legal interviewers.

Fetal alcohol spectrum disorders (FASD) are neurodevelopmental/neurobehavioral conditions caused by prenatal alcohol exposure (PAE). Impairments caused by PAE contribute to the over-representation of individuals with FASD in the United States juvenile and adult criminal justice systems. These same impairments can equally impact on individuals with FASD who are witnesses to or victims of crime who also have to navigate the complexities of the criminal justice system. Difficulties include increased susceptibility to confabulation throughout the legal process that, in turn, can contribute to increased rates of poor outcomes including false confessions and wrongful convictions. Individuals with FASD are particularity at risk of confabulation when they are subjected to tactics, such as stressful and anxiety-provoking situations, threats, and leading, suggestive, or coercive questioning. Many professionals in the forensic context are unfamiliar with FASD or related confabulation risk and may unintentionally utilize tactics that intensify impacts of pre-existing impairment. This article serves as a beginner's guide for professionals working in criminal justice settings by (a) providing research-based overviews of FASD and confabulation, (b) describing how FASD may lead to confabulation, and (c) suggesting ways that professionals can modify protocols when interacting with individuals with FASD. Suggestions in this article hold the potential to decrease the risk of confabulation in the criminal justice system and decrease problematic outcomes, such as false confessions and wrongful convictions among individuals with FASD.

Zero Tolerance Policies are Anti-Black: Protecting Racially Profiled Students from Educational Injustice

When students are tracked from their schools into the juvenile and adult criminal justice system, primarily because of zero-tolerance policies, they fall victim to a practice that is now widely known as the school-to-prison pipeline. President Obama urged educators to abandon severe disciplinary policies that criminalize students for offenses that could be handled without law enforcement (Du, 2015). A review of the literature indicates a disproportionate number of Black students are at a greater risk of being adversely impacted by such policies thus increasing their chances of having a negative educational experience. Research shows that Black students receive higher rates of suspension, harsher discipline, and more special education referrals than do their similarly situated white counterparts. Policies that adopt positions of zero tolerance to justify colorblindness work against the academic achievement and persistence of Black students. Anti-Blackness Theory and Critical Race Theory are used to establish a connection between the Black K-12 student experience and the application of zero-tolerance disciplinary policies. To supplement this examination of how school disciplinary polices operate in school settings, I draw from a recent qualitative study of public-school leaders and teachers in the New York City metropolitan area.

The Optimization of the Role of Correctional Centers in the Indonesian Criminal Justice System

The purpose of this research is to examine and analyze (1) the role of Correctional Centers in the Criminal Justice System in Indonesia; and (2) the Optimization of the Role of Correctional Centers in the Criminal Justice System in Indonesia. The research method used is a normative juridical approach. The results of the research concluded; (1) Correctional Centers in the juvenile criminal justice system and in the adult criminal justice system both have a role, but the role of Correctional Centers in the adult criminal justice system has not been optimized as in the juvenile criminal justice system, and it tends to be discriminatory. (2) The optimization of the role of Correctional Centers in the Criminal Justice System in Indonesia needs to be carried out, because by optimizing the role of Correctional Centers, especially Correctional Research on adult cases, it will eliminate discrimination in treatment between children and adults and Correctional Research can be used as a reference for law enforcers. As a recommendation, it is suggested that in the Criminal Law Reform in Indonesia, both related to the renewal of the Criminal Procedure Law Code (KUHAP); the Criminal Code (KUHP); as well as the Corrections Law, the discrimination in making Correctional Research on juvenile cases and adult cases should be abolished, because it has no value of justice. The equalization of treatment related to Correctional Research will optimize the role of Correctional Research and also other law enforcers in achieving the value of justice in Indonesia.

Make Juvenile Justice More Just: Raise-the-Age to 20 Years Old

The USA does not have a consistent age of majority for criminal responsibility in its justice systems. This article examines empirical evidence regarding benefits and drawbacks of serving youth younger than 20 in the adult criminal justice system and provides a case example of Vermont, the first state to raise the age to 20. A review of the effects of serving youth in juvenile versus criminal courts published between January 2000 and December 2019 was conducted, as well as an examination of current state laws regarding the age of responsibility. The review produced six overarching themes—parent/family involvement, recidivism and education, developmentally appropriate service provision, the impact of a criminal record, institutional and community safety, and cost-effectiveness. These themes and the case example from Vermont support legislating a consistent age of juvenile jurisdiction at 20 years old. Raising the age is congruent with the social work value of social justice and the Grand Challenge to Achieve Equal Opportunity and Justice. Moreover, given the recent reauthorization of the Juvenile Justice and Delinquency Prevention Act (P.L. 115-385), there is strong bipartisan support for juvenile justice reform. Social workers are uniquely positioned to change policy practice to improve equity and the lives of youth, their families, and communities, by raising the national age in juvenile justice to 20 years old.

Out of the Picture: Latinx and White Male Youths’ Facial Features Predict Their Juvenile Justice System Processing Outcomes

Adults’ facial characteristics predict whether and how severely they are sentenced in the adult criminal justice system. We investigate whether characteristics of White and Latinx male youths’ faces predict the severity of their processing in the juvenile justice system. Among a sample of first-time offenders, despite no differences in the severity of their offenses, youth who were perceived by naïve observers as more dominant, less trustworthy, less healthy, and having darker skin were more likely to receive harsher sanctions. Thus, extralegal factors like appearance may bias legal decisions that place some youth at increased risk for more restrictive sanctioning. Our findings highlight the need for structured approaches to juvenile processing decisions that take youths’ appearance out of the picture.

Young Adults with Autism Spectrum Disorder and the Criminal Justice System.

This study describes charges, outcomes, and recidivism in both the juvenile and adult criminal justice systems (CJS) for young adults aged 17 to 23years with autism spectrum disorder (ASD; n = 606). Results are compared to individuals with ID (n = 1271)and a population control group(n = 2973). About 3% of individuals with ASD were charged with at least one offense by the time they reached young adulthood. Few differences were found in CJS involvement across groups. Young adults with ASD were not over represented in the CJS in general, and were less likely to be involved in the adult justice system than their peers. They received similar charges and outcomes and were as likely to reoffend as their peers.

“A Bad Combination”: Lived Experiences of Youth Involved in the Foster Care and Juvenile Justice Systems

Youth with involvement in foster care and the juvenile justice system, often called dual-status youth, are at increased risk for negative outcomes as they transition into adulthood, including homelessness, and involvement in the adult criminal justice system. Increase of interest in the phenomenon of youth dual involvement within the last decade, reveals focus on challenges associated with the dual-status population, the importance of multi-system collaboration, and foster care factors contributing to juvenile delinquency. This study aims to build on the current literature, through exploration of how dually-involved youth make sense of their experiences in the juvenile justice and foster care systems; and what youth believe are their unique challenges of being in two systems? This phenomenological study engaged ten individuals in Houston, Texas, between the ages of 18 and 24 years old, and previously involved in the juvenile justice and foster care systems. Research subjects participated in-depth, semi-structured, and audio-recorded interviews, disclosing their experiences in two systems. Interviews were transcribed and entered in the qualitative analytical program, Atlas.ti, where common themes of participant responses were extracted. Accounts from participants highlighted three key experiences: (1) experiences of and leading to dual involvement, (2) traumatic experiences, and (3) absence of normalcy. Study results are categorized based on their pathways to dual-involvement. This current study offers rich insights into how dually-involved youth make sense of their experiences in the foster care and juvenile justice systems. Implications for enhanced service provision among child welfare and juvenile justice professionals are offered.

COVID-19 and Youth Impacted by Juvenile and Adult Criminal Justice Systems.

* Abbreviation: COVID-19 — : coronavirus disease Youth impacted by the US juvenile and adult criminal justice systems are an important, largely overlooked pediatric population at grave risk of devastating consequences from the coronavirus disease (COVID-19) pandemic. Correctional facilities have high likelihood of COVID-19 outbreak, portending disproportionate risk and challenges to 3 groups of US children: (1) the 44 000 incarcerated youth,1 (2) the 2.7 million children whose parents are incarcerated,2 and (3) the hundreds of thousands of children whose parents work in correctional settings.3 As multiple correctional facilities become US epicenters for COVID-19, incarcerated youth and youth in contact with adults living or working in corrections have heightened medical risk of contracting COVID-19. Additionally, the susceptibility of jails, prisons, and detention centers to COVID-19 challenges the wellbeing of all children impacted directly or indirectly by the justice system. The COVID-19 correctional health crisis has advocacy and clinical implications for pediatric health professionals, including for providers in community ambulatory and hospitals settings, necessitating urgent action to protect a group of children already known to face significant vulnerabilities. Young people can experience significant COVID-19 morbidity and even fatality. In response, the pediatric community has galvanized and innovated to swiftly meet youth’s medical needs, such as through national advocacy efforts and by ramping up telehealth services. We must also remember youth impacted by the justice system. Although it can be easy to forget the plight of youth and adults in custody, especially during the COVID-19 global crisis, doing so will threaten the health of children and families across the … Address correspondence to Elizabeth S. Barnert, MD, MPH, MS, Department of Pediatrics, University of California, Los Angeles, 10833 Le Conte Ave, 12-467 MDCC, Los Angeles, CA 90095. E-mail: ebarnert{at}mednet.ucla.edu

Comparative Risk of Victimization for Adolescent Boys Processed through the Juvenile and Adult Criminal Justice Systems in Lagos Nigeria

One of the main rationales for the separation of the juvenile and adult criminal justice systems, is the need to protect young people from victimization. It is assumed that, by separating adolescents from adults, the risk of victimization in the former system will be reduced. However, there is still global scarcity of comparative data on the experience of victimization among youth processed through these two justice systems, from which such conclusions can be reached. This study compares self-reported victimization among fifty (50) boys who were processed through the juvenile justice system with an equal number who were processed through the general adult criminal justice system in Lagos (mean age = 16.3 ± 2.0 years). Results showed that the odds of forced confessions (OR = 7.9, CI = 2.7- 37.2 p < 0.001) and torture (OR = 17.0; 4.6 − 63.1) was significantly higher when arrested by the regular police compared with the juvenile police. In the course of detention, however, there was no statistically significant difference in the odds of reporting most other forms of victimization between the two groups. The study concludes that, as far as victimization of young inmates is concerned, boys detained in juvenile institutions did not fare better than those detained in adult prison.

Overlap between child protection services and the youth justice system: protocol for a retrospective population-based cohort study using linked administrative data in Manitoba, Canada.

IntroductionChildren who have a history of involvement in child protection services (CPS) are over-represented in the youth and adult criminal justice systems. There are significant health and socioeconomic implications for individuals involved in either or both CPS and the justice system. Understanding the ‘overlap’ between these two systems would provide insight into the health and social needs of this population. This protocol describes a research programme on the relationship between the child welfare and the youth justice systems, looking specifically at the population involved in both CPS and the youth justice system. We will examine the characteristics associated with involvement in these systems, justice system trajectories of individuals with a history of CPS involvement and early adult outcomes of children involved in both systems.Methods and analysisAdministrative data sets will be linked at the individual level for three cohorts born 1991, 1994 and 1998 in Manitoba, Canada. Involvement in CPS will be categorised as ‘placed in out-of-home care’, ‘received in-home services, but was not placed in care’ or ‘no involvement’. Involvement in the youth justice system will be examined through contacts with police between ages 12 and 17 that either led to charges or did not proceed. Individual, maternal and neighbourhood characteristics will be examined to identify individuals at greatest risk of involvement in one or both systems.Ethics and disseminationThe study was approved by the University of Manitoba Health Research Ethics Board and permission to access data sets has been granted by all data providers. We also received approval for the study from the First Nations Health and Social Secretariat of Manitoba’s Health Information Research Governance Committee and the Manitoba Metis Federation. Strategies to disseminate study results will include engagement of stakeholders and policymakers through meetings and workshops, scientific publications and presentations, and social media.

Juvenile Justice Policy in India – Some Reflections

Juvenile Justice policy in India treats juveniles in a different way than adults because our society believes that juveniles are different from adults, both in terms of criminal responsibility level and juvenile's potential for rehabilitation. One must not forget that juvenile justice law is based on a strong foundation of reformation and rehabilitation, rather than on retribution. Therefore, drastic changes proposed in some key areas of the existing system of juvenile justice need very deep introspection. There were minimum five judgements of the Supreme Court, namely Rohtas (1978), Raghbir (1981), Abujar Hussain (2012), Salil Bali (2013) and Subramaniam Swamy (2014) which have been ignored in the new 2015 Act in enacting Section 19 which provide for transfering juvenile aged above 16 year to Childrens Court. In each of these judgements, it was categorically provided that all children should be dealt with under the juvenile justice system but not under adult criminal justice system.

Healthy Development as a Human Right: Insights from Developmental Neuroscience for Youth Justice

Healthy development is a fundamental right of the individual, regardless of race, ethnicity, or social class. Youth require special protections of their rights, in part owing to vulnerabilities related to psychological and brain immaturity. These rights include not only protection against harm but opportunities for building the cognitive, emotional, and social skills necessary for becoming a contributing member of society. They apply to all youth, including those within the adult criminal justice system, which raises the legal question of when adult capacity and responsibility begin and special protections are no longer warranted. This article highlights ( a) empirical findings from developmental science on when psychological and neurobiological development reaches maturity; ( b) the extent to which this scientific knowledge guides current policies and practices in the treatment of youth in the United States; and ( c) emerging policies in the treatment of young people in the justice system based on developmental science.

Black and White Female Disproportional Discipline K–12

The school-to-prison pipeline represents an educational environment that allows public schools to push many at-risk children out of school and into the juvenile justice or the adult criminal justice system. Consequently, this study explores the disproportionate rates of discipline when comparing Black and White female students in the national public-school system. Specifically, this research explored discipline outcomes for Black and White female students in kindergarten through 12th grade in five of the best academically performing states in the United States compared with five of the worse academically ranked states in the United States. Using the Civil Rights Data Collection (CRDC) of 2013–2014 data, the exploration found Black female students were disproportionately suspended compared with White female students in both the high and low academically performing states. Similarly, Black female students experienced disproportionality rates (overrepresented) compared with White female students for school-related arrests. Overall, the disproportionality rates for Black female students suspended and arrested compared with White female students were higher in the academically higher ranked states.

Toward Administrative Justice: Social Ecology and Preventive Intervention in the Transformation of Juvenile and Adult Criminal Justice Systems

Toward Administrative Justice: Social Ecology and Preventive Intervention in the Transformation of Juvenile and Adult Criminal Justice Systems

System involvement among young adults experiencing homelessness: Characteristics of four system-involved subgroups and relationship to risk outcomes

Young adults experiencing homelessness (YAEH) have been found to have high rates of prior involvement with foster care and juvenile justice, but little is known about whether YAEH differ in their risk behaviors based on exposure to different systems. This study used a dataset of 1426 YAEH from 7 different US cities to examine the historical risk and resilience characteristics of those involved in foster care alone, juvenile justice alone, both systems (dual status), and no system involvement. Logistic regression was used to examine whether different types of childhood system involvement predicted risk behaviors in young adulthood including substance use, trade sex, suicide attempts, unplanned pregnancy, and involvement in the adult criminal justice system. Notably, 57% of youth had been exposed to one of the systems – 20% foster care only (n = 291), 18% juvenile justice only (n = 254), and 18% dual status (n = 261). YAEH without a history of system involvement had significantly lower childhood trauma scores and lower rates of lifetime mental health diagnoses compared to all three system involved groups, with dual status youth having the highest rates of both. In relation to risk outcomes, youth with dual status histories had higher odds of trading sex and those with juvenile justice involvement, either alone or as dual status, had higher odds of being arrested after age 18 and of problematic substance use. Results suggest YAEH with prior involvement in child-serving systems have unique risk characteristics that vary by type of system involvement, with dual-system involved youth at particularly high risk. Findings highlight the need for foster care and juvenile justice systems to work collaboratively in providing preventive interventions prior to system exit.

The Juvenile Justice (Care and Protection of Children) Act 2015: an analysis

ABSTRACTThe Juvenile Justice (Care and Protection of Children) Act 2015 was passed by the Parliament of India amidst intense controversy, prolonged debates and street protests by child rights groups, as well as some members of Parliament. This legislative note gives an overview of the background and processes that led to the passing of this Act. It discusses the positive provisions in the Act, like change in nomenclatures to remove negative connotations, inclusion of several new definitions such as orphaned, abandoned and surrendered children, setting timelines for inquiry by the Juvenile Justice Board, streamlining procedures for adoption, inclusion of new offences committed against children and mandatory registration of Child Care Institutions. It discusses the controversial provision of “transferring” children between 16 and 18 years accused of “heinous offences” to the adult criminal justice system. It gives recommendations for law reform and better implementation of the law.

Addiction and Mental Health: The New Norm

Back to table of contents Next article EditorialNo AccessAddiction and Mental Health: The New NormCornel N. Stanciu, M.D.Cornel N. StanciuSearch for more papers by this author, M.D.Published Online:1 Dec 2017https://doi.org/10.1176/appi.ajp-rj.2017.121201AboutSectionsPDF/EPUB ToolsAdd to favoritesDownload CitationsTrack Citations ShareShare onFacebookTwitterLinked InEmail As a current addiction psychiatry fellow and editorial board member for several addiction-focused journals, I am thrilled to have the opportunity to serve as this month's Guest Editor for the American Journal of Psychiatry Residents' Journal. The aim of this special issue is to shine light on the impact of substance abuse on our health care system. As we have seen throughout training, substance use disorders are highly prevalent and morbid conditions that result in significant social, financial, and human costs. Their prevalence is highest in clinical populations, especially among those with mental illnesses. It is estimated that 25% of the U.S. hospital beds are occupied by individuals with active substance use disorders (1). Ongoing use of substances and lack of properly addressing behaviors that lead to substance abuse impede upon our ability to treat substance use disorders from psychiatric and medical standpoints.By 2020, substance use disorders are expected to surpass all physical diseases as the major cause of disability (2). Tobacco use is the current number-one worldwide cause of preventable death (3), with many of our patients with mental health conditions being tobacco users. To make matters worse, we as physicians tend to avoid implementing pharmacotherapies for tobacco use and alcohol use disorder, despite strong supportive evidence of the efficacy of such therapies. Looking at the broader picture, for the first time in history the average life expectancy in the United States is decreasing (4, 5), and the conditions responsible for this epidemic of earlier deaths are directly or indirectly related to addiction (for example, chronic obstructive pulmonary disease, lung cancer, hepatitis C, cirrhosis, and fatal overdoses) (4, 5). It is imperative for us and our health care system to start addressing addiction as a top priority. Early intervention following first identification of substance use targets such disorders at a less advanced phase and hence prevents progression. A report published in 2009 showed a significant cost-benefit ratio for early detection and treatment interventions (6). These reduced costs relate to health care, the adult and juvenile criminal justice systems, education, and work productivity (6).To date, significant emphasis has been placed on the need for more physicians trained in substance abuse to alleviate the treatment gap and increase system capacity (7). There is also an effort to increase the capacity of general mental health care providers to identify and treat high-risk individuals earlier, before referring them for specialty health care (7). This would reduce patients' health risks associated with substance use much sooner while at the same time reducing the burden placed on more costly health care specialties (7). It is in this latter role that trainees and general mental health providers can best have an impact on the care of patients with substance use disorders.Dr. Stanciu is an Addiction Psychiatry Fellow in the Department of Psychiatric Medicine, Geisel School of Medicine, Dartmouth-Hitchcock Medical Center, Lebanon, N.H. He is also the Guest Editor for this issue of the Residents' Journal.