Juvenile Justice Research Articles

Children, juveniles, and crime in early modern London: Old Bailey trials, 1674–1750

Abstract This article uses the early records of the Old Bailey to examine how the court handled cases involving children and juveniles, whether as offenders, victims or witnesses. It argues that though juvenile courts belong to a later age, the early modern court was already applying different criteria in trying young offenders. It demonstrates how juries used age, gender and related considerations to justify the ‘pious perjury’ that sheltered many from the full rigour of the law. Previous work on children as victims has focused on child-rape and infanticide. This article explores other categories. It argues that in cases of death following a severe beating the court's sympathies lay firmly with the defendants, determined to uphold the authority of employers and parents. Lastly, the article explores cases involving children as witnesses, which raised difficult questions about the admissibility of evidence. Judges had to decide if the youngster was sufficiently mature to give evidence on oath.

Exploring the Juvenile Justice Act: Legal Framework and Psychosocial Interventions for Children in Conflict with the Law

Understanding and supporting children in conflict with the law (CCL) is vital for their positive transformation. By exploring the factors influencing their behaviour, developmental influences, historical context of juvenile justice and effective interventions, we empower these youths for a brighter future. CCL refers to individuals under 18 alleged or found to have committed an offense. Recognizing their needs and challenges is essential for devising suitable rehabilitation strategies. Identifying risk factors contributing to children's criminal involvement is essential for effective intervention. These factors range from individual and family aspects to wider community and societal influences. Targeting these factors can prevent CCL. Embracing a developmental perspective is crucial for understanding the reasons behind a child's unlawful actions. Positive parenting, quality education, healthy peer interactions and community support play pivotal role in shaping a child's choices. Exploring the history of juvenile justice offers insights into societal responses to young offenders. A shift from punitive measures to rehabilitation reflects an evolving understanding of CCL's unique needs. Understanding definitions from the Juvenile Justice Act is vital for effective work with CCL. Concepts like "best interest of the child" and "observation home" guide interventions and decisions. Implementing psychosocial interventions addressing cognitive, emotional, and social needs proactively rehabilitates CCL. Disciplinary measures, counselling, vocational training, mentorship, and access to education with a positive approach are the key. Integrating these aspects creates a holistic framework to support CCL. This approach fosters personal growth, safer communities, and a just society.

Applying Cognitive Neuroscience to Juvenile Justice: The Role of Brain Development in Decision-Making

The intersection of cognitive neuroscience and juvenile justice offers profound insights into understanding the role of brain development in decision-making among adolescents. This research explores the implications of neurodevelopmental processes, particularly in the prefrontal cortex and limbic system, which govern impulse control, risk assessment, and emotional regulation. Adolescents are at a stage of heightened neuroplasticity, which significantly influences their cognitive and emotional responses. This study examines how these developmental factors impact their decision-making and susceptibility to external influences, such as peer pressure. By integrating neuroscientific findings with legal frameworks, the research highlights the importance of adopting rehabilitative over punitive approaches in juvenile justice systems. The findings underscore the need for tailored interventions and policies that account for the neurobiological underpinnings of adolescent behavior, fostering a balance between accountability and the opportunity for growth and rehabilitation.

Legal Protection of Children Involved in Cases of Fights Between Studentss Based on a Criminological Perspective

This study aims to analyze the basic principles in the juvenile justice system in Indonesia as well as legal protection for children involved in cases of fights between students. This study uses normative legal research methods with conceptual, legal, and case approaches. The juvenile justice system in Indonesia is based on the principle of parens patriae based on the provisions of Article 6 paragraph (2) of Law Number 4 of 1979 which states that children found guilty of violating the law must be provided with services and care. Legal protection for children involved in cases of fights between students can be categorized into two, namely preventive and repressive legal protection. Preventive legal protection can be done in two ways, namely by conducting socialization and raids to prevent fights between students. Repressive legal protection can be done in three ways, namely by carrying out restorative justice, punishment based on a judge’s decision, or rehabilitation.

Recidivism risk factors among Mississippi justice-involved youth: latent class analysis of the SAVRY

ABSTRACT The Structured Assessment of Violence Risk in Youth (SAVRY) instrument is a popular risk-need-responsivity tool for justice-involved youth. This study conducted a multi-group (based on sex) latent class analysis model of the SAVRY items to explore heterogeneity in risk/needs among youths involved in the juvenile court in Mississippi between 2017 and 2021. Results indicated a three-class solution best with the data, with Very Low, Low, and Bimodal classes. Generally, these groups were similar across sex, though the Bimodal subgroup was proportionally larger for females than males. Subsequent analyses indicated the Bimodal group was significantly younger and more involved in future one-year recidivism. These findings suggest subgroups of risk exist and should be examined further to assess future recidivism and other risks.

The problem of defining “juvenile justice” concept and its principles in legal science

The problem of defining “juvenile justice” concept and its principles in legal science

Neuroscientific Evidence in Trials of Young Perpetrators Involved in Armed Conflict and Mass Atrocity

ABSTRACT In many jurisdictions, the criminal responsibility of adults is demarcated from pre-adults (adolescents, pre-adolescents, and children) based on a threshold criterion – one is either an adult or a pre-adult, and different levels of responsibility are accordingly inferred and imputed. But in a world where complexity is growingly acknowledged, and by that token, nuance and variety, there has been a predilection for the spectrum over the binary – or the scalar over the threshold. In the context of juvenile justice, this has manifested in a move away from the binary demarcation between adults and pre-adults through a growing faith in brain developmental science, which in turn, focuses on the developmental stages of the prefrontal cortex (PFC). In pre-adults, especially in adolescents, immature PFCs account for impulsiveness, volatility, and influence by peers, which in turn impact judgment and decision-making. These findings have been introduced in a few state and federal US courts trying juveniles, and recently, in the ICC trial and appeal of Dominic Ongwen, a child soldier. This paper assesses the nature, scope, and treatment of neuroscientific evidence, and lays down guidelines about its anticipated application in international trials involving vulnerable perpetrators such as juveniles.

The ‘P-word’ in Indian juvenile justice: Toward a deeper understanding of legal rhetoric and practice

Although the Indian juvenile justice statute is rhetorically silent about punishment, nonetheless recognisably punitive ideas and practices remain ubiquitous. Standard interpretations do not go beyond legal analyses of the mismatch between discourse and practice. However, interviews with policymakers and practitioners arrayed throughout the juvenile justice field in India reveal the need for a nuanced and deeper understanding of legal rhetoric and practice. A more rigorous, qualitative analysis of penal practices foregrounds the interplay between a set of enabling factors that include, but are not limited to, social constructions of childhood deviance, and attitudes and interests of key juvenile justice actors. It also accounts for why Indian juvenile justice actors euphemise punishment as if it were an unspeakable ‘p-word’, while reinscribing punishment as a normal and normative objective to pursue.

Exploring the Dimensions and Correlates of Teen Economic Abuse Through a Cross-Sectional Survey

PurposeTeen economic abuse (TEA) is an understudied form of adolescent relationship abuse with limited measures available to assess prevalence. The purpose of this article is to assess the underlying dimensions of survey items (developed with youth) to refine measurement of and validate the structures comprising TEA and examine differences in prevalence of TEA perpetration (Prp) and victimization (Vct) by demographic characteristics. MethodsThis cross-sectional, online survey was conducted between July and September 2021. Youth ages 13–19 who read English and reside in the United States were eligible to complete this study. Recruitment occurred through a national violence prevention listserv with an emphasis on reaching organizations serving youth who are unhoused, juvenile justice and child welfare-system involved, identifying as sexual or gender minorities, or from communities of color. Based on exploratory and confirmatory factor analysis, negative binomial regression models were run to assess associations of demographic characteristics, with levels of TEA Vct and Prp. ResultsAdolescents who identify as White reported significantly more types of TEA exposures than their American Indian or Alaskan Native (adjusted incident rate ratios = 1.3; 95% CI = [1.1, 1.4]), Hispanic Latino (1.2 [1.1, 1.4]), and Multiracial peers (2.4 [1.8, 3.1]). Gender diverse adolescents (1.14 [1, 1.3]) and cisgender females (1.08 [1, 1.2]) had significantly more types of TEA exposures than cisgender males. Those with past-year physical or sexual violence in dating relationships reported more types of TEA exposures (4.1 [3.8, 4.4]) than those who had not experienced such violence. Adolescents with exposure to foster care or homelessness had more types of TEA (1.3 [1.2, 1.4]) than those without such experiences. DiscussionHealthcare providers serving youth should be aware of how economic abuse manifests in adolescent relationships when providing support and resources for youth, especially those who are system-involved or experiencing housing instability. Findings also highlight the need for education about TEA and economic justice in violence prevention programs.

Do foster youth face harsher juvenile justice outcomes? Reinvestigating child welfare bias in juvenile justice processing

Do foster youth face harsher juvenile justice outcomes? Reinvestigating child welfare bias in juvenile justice processing

The Future of Children in the Criminal Justice System: Restorative or Retributive Approach

The future of children within criminal justice systems raises fundamental questions about the best approach to both punishment and rehabilitation. This paper explores the competing paradigms of restorative and retributive justice, examining their impact on child offenders. Restorative justice focuses on rehabilitation, reconciliation, and reintegration into society, while retributive justice emphasizes punishment proportionate to the crime. Through an analysis of global case studies, legal frameworks, and criminological theories, this study assesses the effectiveness of each approach. It argues that restorative justice, though underutilized, offers more promising outcomes for reducing recidivism among child offenders, while retributive measures often fail to address the root causes of juvenile delinquency. The paper concludes by recommending a shift towards a more restorative model in juvenile justice systems, emphasizing the need for comprehensive policy reform to prioritize the long-term welfare of child offenders.

Justice for Children: Exploring Juvenile Criminal Law in Indonesia

AJuvenile justice is a significant aspect of any criminal justice system, especially in countries where children's rights are enshrined in law. In Indonesia, the juvenile criminal justice system has evolved considerably, with a focus on rehabilitation and protection of the child’s welfare. This article delves into Indonesia's juvenile criminal laws, specifically Law No. 11 of 2012 on the Juvenile Criminal Justice System, which introduced a more restorative approach to dealing with child offenders. The paper explores how Indonesia balances punishment with rehabilitation, analyzing the effectiveness of this system compared to global standards. By examining case studies, legal frameworks, and rehabilitation programs, the study evaluates how well these laws serve the interests of both society and juvenile offenders. The article also discusses challenges such as inconsistencies in implementation, socio-economic disparities, and public perceptions of juvenile justice. Finally, recommendations are provided to enhance the efficiency and fairness of juvenile criminal law in Indonesia.

Keynote Address: Revisiting Luzerne County: Promoting Fairness, Transparency, and Accountability in Juvenile Court

Keynote Address: Revisiting Luzerne County: Promoting Fairness, Transparency, and Accountability in Juvenile Court

Barriers and Facilitators to Implementing Restorative Justice in Nebraska

ABSTRACTAlthough the codification of restorative justice processes has increased in the United States, the implementation of these processes has been limited and piecemeal. This article considers barriers and facilitators of implementing restorative justice programs in the context of juvenile justice, from the perspective of individuals tasked with implementation in Nebraska—a state with a robust community mediation system providing restorative justice processes. We interviewed 11 persons currently or formerly employed by community mediation centers in Nebraska in positions coordinating restorative justice programs. Interviewees represented all six Nebraska mediation centers. Using thematic analysis, we identified themes for both barriers and facilitators for implementing restorative justice programs throughout the state. The barriers to implementing restorative justice reflected six distinct, but sometimes overlapping, themes: awareness of restorative justice; attitudes about restorative justice; lack of necessary resources; process issues; lack of trust in “the system” or centers; and policy barriers. The analysis also identified eight distinct themes associated with facilitators of restorative justice: support from a “champion”; outreach efforts; trust and relationship building; demonstrating that restorative justice is effective; collaboration; maintaining necessary funding; local community‐driven implementation; and state government‐driven implementation. We consider the implications of these findings for the implementation of restorative justice processes in Nebraska and beyond.

“I stayed on the street, as if there was no COVID-19”: enacting practices of care with youth at risk of violence and social exclusion in Portugal

As the COVID-19 pandemic unfolded, a world of carelessness was made visible. Public health guidelines against the spread of COVID-19 (e.g., school closures, staying home, social distancing) have substantially affected youth’s health and well-being and highlighted the need for context-specific understandings of infection, risk, and care. Our research aims to contribute to a deeper understanding of the impacts of COVID-19 on boys and girls serving educational measures and placed in the custody of the juvenile justice system in Portugal during the pandemic. Sustained by the use of ethnographic principles and methods along with participatory techniques, this article uncovers complex entanglements between the public health measures to mitigate contagion and the dynamics that exacerbated socio-spatial dynamics of social exclusion and isolation, educational and (mental) health inequities, and lived and practiced forms of violence by youth-serving tutelary measures in Portugal’s six educational centers. Following Tronto’s feminist ethical–political proposal of care, I argue that COVID-19 became a lens to access youth care needs — self-care, care for others, care as essential work of nurturing affective trajectories and solidarities and promoting positive and non-violent relationships. By caring for youth stories, the engagement of researchers and professionals in this action-oriented research aimed to promote the enactment of practices of care with youth in the Portuguese detention centers as a way to positively affect their inhabited present, promote healthier lives and nurture the construction of caring and non-violent post-pandemic futures.

Experiences of Dating Violence and Protective Factors Among Adolescents in Vulnerable Contexts

ABSTRACT Adolescents in vulnerable living contexts (e.g., foster care, juvenile justice facilities, and experiencing homelessness) may be at increased risk of adolescent dating violence victimization (ADV) due to unstable environments and trauma exposure. They may also experience different protective factors. Yet, research is limited on ADV in these contexts. This study assessed differences in ADV experiences among adolescents (10–21 years) in vulnerable contexts compared to adolescents at home utilizing data from a sexual health education program serving communities facing health inequities in California. Descriptive analyses compared adolescents in vulnerable contexts (n = 1,951) with those living at home (n = 10,682). Multivariable logistic regression was used to estimate the odds of experiencing past year physical and/or sexual ADV by context, controlling for sociodemographic variables. We also examined two potential protective factors: meaningful communication with a parent/guardian and pro-social friendships. Significantly more adolescents in vulnerable contexts than at home identified as male (65.6% vs. 51.6%), 18 years or older (16.5% vs. 8.7%), non-Hispanic Black or African American (14.4% vs. 5%), and LGBTQ+ (15.3% vs. 10.8%). Among adolescents who dated in the past year, 21% in vulnerable contexts reported experiencing physical and/or sexual ADV, compared to 15% of those at home, and reported lower levels of protective factors. Adolescents experiencing homelessness/unstable housing and those in juvenile justice facilities had greater adjusted odds of ADV compared to adolescents at home (56% and 54% higher odds, respectively). It is critical to address systemic factors, which disproportionately impact the most marginalized and disadvantaged adolescents, in approaches for ADV prevention.

The War on Drugs in Juvenile Court? The Influence of Community Context on Juvenile Court Outcomes for White, Black, and Hispanic Youth

Prior research on race/ethnicity and juvenile court processing have found that youth of color often receive disadvantaged outcomes compared to their White counterparts, and that community context may condition this relationship. The current study examined this association between race/ethnicity (White, Black, Hispanic) and type of drug offense (possession vs. distribution) with adjudication and disposition outcomes, especially the tempering effect of disadvantaged community characteristics. Results from multi-level models indicated that Black youth who were charged with a drug distribution offense were more likely to receive residential placement compared to similarly situated Whites. Underclass poverty and racial/ethnic inequality moderated these associations, but the significance and direction of the results differed depending on the stage examined. The findings reveal ongoing racial/ethnic disparities in the juvenile justice system, and offer clearer insights into the conditions under which youth of color charged with different drug offenses are processed in juvenile court.

Selective Adaptation of the RNR Model in China’s Juvenile Criminal Justice System: Balancing Rehabilitation and Risk Management

The risk-need-responsivity (RNR) model is widely used to understand criminal behavior and guide interventions to reduce recidivism. However, its implementation in China’s juvenile justice system has not been extensively explored. This research critically examines China’s adaptation of the RNR model, noting differences from the original framework. While China emphasizes rehabilitation, its juvenile justice system prioritizes stability and risk prevention. By employing participant observation, interviews, and document analysis, this study suggests that China’s selective adaptation of the RNR model supports rehabilitation rhetoric in juvenile justice while maintaining the state’s role in risk management and promoting social stability.

PKM Penyuluhan tentang Pencegahan Tindakan “Bullying” terhadap Anak di SDN Sumber Duren Kecamatan Krucil Kabupaten Probolinggo

Bullying is an issue that cannot be overlooked. It is a “sensitive problem” that impacts the development of children/students and is categorized as child delinquency, with cases that seem never-ending. One of the government's efforts to prevent and address juvenile delinquency is by implementing the Juvenile Criminal Justice System through Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, which replaced Law No. 3 of 1997 on Juvenile Courts. However, the solution offered by the government, according to the author, should be avoided in addressing bullying issues, as it may affect the child's mental well-being in the long term. The method used in this study consists of several stages, including preparation, implementation, evaluation, and reflection. The program begins with delivering material, followed by training students to become anti-bullying agents, allowing the students themselves to promote and spread positive behavior to their peers, particularly in reducing bullying behavior. The results of this outreach program show that it was highly beneficial for the students, as they gained a wealth of new knowledge during the activities. This includes understanding the definition of bullying from a legal perspective in Indonesia, various forms of bullying against children, several factors causing bullying incidents, and steps or efforts to tackle bullying.

Forging Paths of Compassion

In the United States, Florida leads the nation in prosecuting minors, from direct file to reinforcing systems like the school-to-prison pipeline. While the Department of Juvenile Justice has made an active effort to move away from the punitive avenues to address juvenile delinquency, the local implementation framework outlined in Florida Statute 985 results in variability in utilization across jurisdictions, influencing the treatment and consequences faced by justice-involved youth. The study unveils the influence of congregation-based community organizations, particularly within the Direct Action Research Training network (DART), in advocating for the expansion of civil citation programs. Through comparative analysis and qualitative interviews, it demonstrates the effectiveness of congregational advocacy in shaping juvenile justice policies. The findings underscore the necessity of statewide standards to ensure consistency and address local challenges in implementation. Additionally, the study highlights the importance of further research into the impact of socio-demographic and contextual factors on program effectiveness and youth outcomes, providing valuable insights for policy development.