Juvenile Justice Research Articles

Sexual Abuse, Commercial Sexual Exploitation, and Cumulative Adversity Among Sexually Diverse and Non-Sexually Diverse Girls in the Juvenile Justice System

ABSTRACT Despite awareness about high rates of sexual abuse among girls in the juvenile justice system, little is known about the additional risk conferred upon sexually diverse (SD) youths, as well as the combined vulnerability of sexual abuse and commercial sexual exploitation of children (CSEC) – frequently a survival behavior amplifying disproportionate juvenile justice contact among SD and non-SD juvenile justice-involved (JJI) girls. In a sample of JJI-girls, we compared SD (n = 52) with non-SD (n = 46) JJI-girls on sexual victimization (e.g. sexual abuse occurring within different relationship-types, CSEC), and broader developmental adversity burden disadvantage (cumulative trauma/loss exposure-types) and distress (posttraumatic stress disorder [PTSD]; cumulative stressor-reactivity, grief-specific, and adversity-related symptoms), health distress/impairment, and sexual and physical health-risk indicators. While comparable on childhood sexual abuse frequency, SD JJI-girls reported greater cumulative sexual abuse severity across relationship-types, higher sexual abuse within non-familial contexts, and more CSEC involvement. They also reported more social determinants of health (e.g. trauma/loss exposure-types) and showed elevations on all health-risk indicators, and most cumulative adversity burden indicators, despite comparable PTSD severity. Our findings emphasize the need to consider multiple sexual victimization facets, including the combined vulnerability of sexual abuse and CSEC, and utilize cumulative developmental assessment approaches among youths vulnerable to maltreatment and exploitation.

Diversi Bagi Anak Pelaku Tindak Pidana Kejahatan yang Jatuhan Pidananya Diatas 7 Tahun

Diversion is a critical mechanism in the juvenile criminal justice system in Indonesia, aimed at protecting the rights of children and preventing the negative impacts of formal criminal proceedings. This normative legal study explores the challenges and potential improvements in implementing diversion for juvenile offenders facing sentences over 7 years. The study utilizes secondary data sources, including the Indonesian Juvenile Criminal Justice System Law (Law No. 11 of 2012), Supreme Court Regulation No. 4 of 2014 on Diversion Guidelines, and relevant literature on restorative justice and child protection. The analysis reveals significant barriers, such as legal limitations, cultural factors, and inconsistencies with international standards like the Beijing Rules. The study concludes with recommendations for revising existing legislation to remove the 7-year sentence limitation, enhancing coordination among legal and rehabilitation institutions, providing restorative justice training for law enforcement, and increasing public awareness of the importance of diversion and child rights protection. These steps are essential for ensuring a more just and effective implementation of diversion in Indonesia.

Contextual determinants of family-driven care implementation in juvenile justice settings

IntroductionEngaging families in behavioral health services is a high priority for juvenile justice (JJ) systems and family advocacy groups. Family-driven care (FDC) enhances family engagement and decision-making power in youth behavioral health services, ultimately, improving youth and family mental health and substance abuse outcomes. Despite the benefits, there is limited guidance on how to integrate FDC into behavioral health care within the JJ system. Therefore, the goal of this study is to understand factors that promoted adoption of FDC the JJ context.MethodsJJ staff and leadership across the state of Georgia participated in surveys and interviews to understand contextual implementation determinants related to the adoption of FDC. Between November 2021- July 2022, 140 JJ staff participated in the survey from 61 unique JJ organizations. In addition, 16 staff participated in follow-up key informant interviews to explain quantitative findings.ResultsBased on a mixed methods analysis, JJ agencies were more likely to implement FDC if they had the following characteristics: (1) presence of site leaders that were strongly committed to family engagement, (2) a shared understanding that family engagement was a top priority, (3) staff training related to family engagement, (4) external partnerships with organizations that serve families, (5) a workplace culture that was supportive of innovation, and (6) presence of family engagement programs that were easier (or more feasible) for staff to implement.DiscussionThis mixed methods study underscores the importance of strengthening these 6 inner and outer setting implementation determinants when preparing to integrate FDC into JJ systems. Findings are used to promote the adoption and delivery of this high priority intervention in a state-level JJ system.

Flipping the Narrative: A Unifying Framework for Juvenile Court-based Forensic Social Work Practice

Professional social workers are trained in multiple competencies and occupy various positions within the forensic landscape. Unified by a code of ethics that emphasizes social justice and the protection and empowerment of marginalized populations and a philosophical approach that recognizes the interplay of individual and environmental factors, social work leadership in youth justice policy and practice is vital. This article proposes a unifying framework for macro, mezzo, and micro court-based forensic social work practice in the 21st century that draws from post-modern critical social work theory. The lifelong negative impacts of court involvement for young people are well documented and contribute to persistent societal inequities. Pre-disposition court practices can mitigate or further harm court-involved youth. “Flipping the Narrative” is a culturally relevant practice framework for evaluating and designing youth court practices that recognize the intersectionality of the identities and experiences of court-involved youth. The proposed framework incorporates the practical implications of Critical Theory, specifically Critical Race Theory, the Theory of African American Offending, and Queer Theory, and relevant practice approaches, such as Social Justice Youth Development and Narrative Therapy, to analyze current youth court practices, propose areas for further evaluation and innovation, and recommend practice enhancements for defense-based forensic social workers. The urgency for innovation in one New England state is illustrated through a case study.

The interaction between a change in substance use/consequences and a change in moral agency as a mechanism for decreased criminal involvement in low-to-moderate and high-risk youth

ABSTRACT The purpose of this study was to determine whether a turning point (change in substance use and substance-related problems) and a cognitive variable (a change in moral agency) interacted to predict recidivism and future offending. Participants were 7,117 (5,640 males, 1,477 females) low-to-moderate-risk justice-involved youth from the Florida Department of Juvenile Justice study and 1,354 (1,170 males and 184 females) high-risk justice-involved youth from the Pathways to Desistance study. The main effects for a change in moral agency and a change in substance use, as well as a change in their interaction, predicted a change in offending. A potentially important inter-study difference surfaced in which the interaction occurred at the promotion end of the bipolar continuum in the low-to-moderate-risk sample (moral agency and absence of substance use/problems), and at the risk end of the bipolar continuum in the high-risk sample (moral neutralization and more social consequences for substance use). It would appear that another way turning points contribute to desistance besides addition/mediation and reciprocity is by interacting with relevant cognitive factors like moral agency.

“Kids are Kids”: Benevolent Ignorance and the Omission of Race in Developmental Justice Reform

The criminal culpability of juvenile offenders remains a controversial and contested issue in the legal and public arenas in the United States. Since the mid-2000s, juvenile crime has been reframed by SCOTUS as a problem of brain immaturity. This article interrogates the omission of race from this new discourse of immaturity. First, I show that an alliance of learned societies, scholars, policy experts, legal professionals, and philanthropic foundations, which I call the new child savers, strategically sowed doubt about the criminological evidence of “high-risk” offenders to ensure the success of this new discourse of immaturity. I introduce the concept of benevolent ignorance to explain how they strategically concealed this inconvenient knowledge to achieve the socially valued goal of “saving children” from harsh sentences, and to escape public controversies over the racial overtones of risk assessment tools. Second, using Mills’ s concept of white ignorance, I argue that progressive elites and scholars involved in juvenile justice reform have historically ignored the lived experiences of juveniles of color. Finally, I discuss how the discourse of brain immaturity perpetuates and reinforces a colorblind explanation of juvenile crime that ignores the role of race in young people's encounters with the justice system.

Justicia restaurativa y delincuencia juvenil: un enfoque interdisciplinario

Crime in general is a phenomenon of wide significance and concern within the Ecuadorian territory. Proof of this is that the prison population is mostly made up of young people, which generates even more unrest. In the development of this academic work, recent research has been reviewed, as well as statistical data to evaluate the effectiveness of the scope of restorative justice in prevention and thus the reduction of recidivism rates, thus promoting the rehabilitation of young offenders. The methodology used responds to a qualitative approach, framed in legal dogmatics with a descriptive scope and a correlational design, supported by the exegetical method and bibliographic and documentary analysis. As a result, the proposal to apply restorative justice that provides viable alternatives to criminal trial is presented, aligned with the principle of minimal intervention, as one of the characteristics of Ecuadorian justice related to international standards. By specifying issues inherent to the deprivation of liberty, this work is oriented towards the de-judicialization and deinstitutionalization of sanctions, proposing a balance between the purposes, perspectives, scope and strengths through which juvenile restorative justice can face the other areas of criminal justice.

თანაზომიერების პრინციპისა და ლეგიმეტრიული მეთოდის ანალიზი იუვენალურ იუსტიციაში

The scientific work is innovative for the legal, scientific space. On the one hand, it is analyzed independently from each other about the same proportionality of the principle in juvenile justice - proportionality, as the norm-principle of juvenile justice, which is a norm that can be taken into account in any decision made to a minor, and on the other hand, it is discussed about the legitimetric method and its essence and purpose among the research methods are discussed, after which the relationship between the principle of proportionality and the legitimate method is discussed in juvenile justice. More specifically, the issues are discussed in such a way that, as a result, it is shown that legimetry is part of the principle of proportionality in a way, when analyzing any legal norm or procedure in juvenile justice, everything is evaluated by means of the principle of proportionality, that it is a kind of "unacceptable" and "unreasonable" expression, in which the juvenile Interests and policies of the state are cumulatively considered to achieve one main goal, which is called justice. On the other hand, the main goal of evaluating the issue with the legitimetric method is to make a fair decision and in this way to achieve the goal of justice. The content side of the paper is a kind of chain of logically connected topics, through which an innovative conclusion is made, according to which the principle of proportionality in juvenile justice, in turn, is a principle in its own right, however, at the same time, after analyzing its content side and considering the essence of the legitimate method, we can conclude, That said principle is a prerequisite for the "variety" of the legimetric method and the fairest punishment for the minor through it, thus achieving the essence of the principle of proportionality and the purpose of the legimetric method.

Juvenile Recidivism in Bangladesh: An Exploratory Study on Juvenile Development Center, Gazipur

Juvenile Recidivism is relatively new and legal term in modern world which stimulates the repetition of criminal behavior among the juvenile. Juvenile delinquent and juvenile recidivist activity has been increased due to the Development of technology, indiscrimination, unplanned modernization, industrialization, urbanization and over politicization. Juvenile Recidivism mostly incites the future evils younger generation due to severe and heinous effect of consequent juvenile criminal behavior among the juvenile. On the basis of this problem, juvenile recidivism in Bangladesh has been studied to explore what are main causes of juvenile recidivism in Bangladesh and also to identify which social factor is responsible for being to be juvenile recidivism as well as to justify how juvenile become a juvenile recidivist from the early stage of lives. Qualitative method has been used in the study within in-depth interviewing as well as face to face conversation. The major findings of the study is poverty, lack of parental care, bad peer group, living in slum area, engaged with unreported adult criminal, gang and political leader which are directly influence juvenile to commit the criminal activity for this reason juvenile turn into a juvenile recidivist. It had also found that sexual and drugs related offences are committed by the maximum number of juvenile recidivist in Bangladesh. Finally it had found that lack of proper treatment in Development center, inexperienced probation officer and lack of legal juvenile court or juvenile justice system is also increasing juvenile recidivist in Bangladesh.

Cumulative Adverse Childhood Experiences (ACEs) and Recidivism: A Meta-Analysis

This meta-analysis quantitatively synthesizes existing literature to investigate the relationship between aggregations of adverse childhood experiences (ACEs) and recidivism among court-involved youth and adults. Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines were followed, and moderation analyses were conducted. Sixteen studies (published n = 12), encompassing 101,778 unique participants (girls/women = 21.1%; adults n = 1,204), met the inclusion criteria. A small overall effect size revealed that an accumulation of ACEs increased the odds of reoffending. The relationship between ACEs and recidivism was only statistically significant for the subgroup of studies using youth samples. In addition, ACEs only predicted recidivism in the subgroup of published studies (compared to dissertations). Other moderators (gender, study location, recidivism time frame) were not significant. Our results suggest that courts, particularly youth courts, would benefit from screening for cumulative ACEs to help identify those most at risk for reoffending and in need of intervention.

Performance of Law Enforcement Officials in the Application of Article 33 of Law No. 11 of 2012 in the Vina Cirebon Case

This study examines the performance of law enforcement officials in applying Article 33 of Law No. 11 of 2012 within the context of the Vina Cirebon case. Utilizing a qualitative approach, the research employs juridical normative analysis to explore the effectiveness and challenges faced by officials in enforcing the law. The findings reveal varying levels of understanding and awareness of Article 33 among law enforcement officials, impacting the consistency and effectiveness of its application. Key challenges identified include insufficient training and resources, discretionary decision-making, and difficulties in victim participation. Despite the potential benefits of diversionary measures, inconsistencies in their application and a lack of follow-up mechanisms hindered their effectiveness. The study concludes with recommendations for enhancing training programs, standardizing procedures, improving victim engagement, and increasing resources to support the successful implementation of diversion measures. This research contributes to a deeper understanding of the practical implications of legal provisions and offers recommendations for strengthening the juvenile justice system in Indonesia.

Intervention and Diversion Program Implementation for the Children in Conflict with the Law in Pangasinan

Juvenile delinquency is of a global concern, members of the United Nations (UN), including the Philippines, remain committed to funding research, programs, and initiatives to combat juvenile delinquency and provide positive outcomes for youth, their families, and their communities, as well as raising awareness and ensuring the proper implementation of the juvenile justice system. There are now a plethora of international mechanisms in place that provide specific protection to youths in the juvenile justice system, such as diversion and intervention, which will be the focus of the paper. Data and statistics on children in conflict with the law and, in particular, the status of children on intervention and diversion are both lacking in the country. For the establishment of appropriate policies and initiatives aimed at improving juvenile justice and protecting the rights of children in confrontation with the law, this is essential. The aim of this paper is to assess the implementation of the diversion and intervention programs for CICL as stipulated in the Juvenile Justice Welfare Act of 2006 otherwise known as RA 9344.

Implementasi Diversifikasi Penanganan Anak Sebagai Pelaku Tindak Pidana Kekerasan

This This research discusses the implementation of the juvenile justice system in Indonesia with a focus on the application of the concept of diversion as an effort to protect children in conflict with the law. Children, as assets for the nation's future, often face various problems, including delinquency and criminal behavior which is worrying. Along with the flow of globalization, the development of information technology has had both positive and negative impacts on children, who often imitate the inappropriate behavior they see in the media. This research uses empirical juridical methods by collecting facts from human behavior both through interviews and observations. direct. The research results show that the application of diversion is effective in providing protection and rehabilitation to children in conflict with the law, as well as preventing them from repeating criminal acts in the future. Apart from that, this research also highlights the importance of synergy between aspects of structure, substance and legal culture in implementing diversion. Thus, diversion in the juvenile criminal justice system in Indonesia provides an opportunity to safeguard the best interests of children and prevent them from the negative stigma of the formal justice process. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System is the main legal basis for implementing diversion, which is expected to increase legal protection for children and optimize their rehabilitation.

Legal protection of children as witnesses in sexual harassment cases based on law no. 11 of 2012 on the juvenile justice system

Legal protection of children as witnesses in sexual harassment cases based on law no. 11 of 2012 on the juvenile justice system

CHILD PROTECTION AND JUVENILE JUSTICE: LEGAL ISSUES IN BANGLADESH AND MALAYSIA

Child protection and juvenile justice are emerging issues and a major concern for nations across the globe. Considering the importance of child protection, different nations in the world have also given attention to reducing child delinquency by amending their laws on children. Bangladesh and Malaysia have ratified the UN Convention on the Rights of the Child (UNCRC) 1989 and incorporated its principles into their domestic legal framework for child-friendly care and protection of juvenile offenders. Since 2013, there have been many new concepts developed on this issue in the legal systems of both countries. The government of Bangladesh has enacted the Children Act 2013 by replacing the previous Children Act 1974. As a result, Bangladesh can now legally safeguard children’s best interests more effectively. The Malaysian government amended the Child Act 2001 and introduced the Child (Amendment) Act 2016 to protect children and establish institutional treatments for juvenile offenders. The government has also legislated the Sexual Offences Against Children Act 2017 to reduce delinquency. As a result, the child protection and justice systems in both countries have developed new dimensions, as well as preventing the abuse of the vulnerabilities of detained children during pandemic times. The present study analyses the major changes in the juvenile justice process in both countries, especially the protection of children as per the domestic legal framework and at the same time guided by international legal standards. The present study has a qualitative research design and uses content analysis to identify, analyze, and synthesize the content of child-related laws. The findings will be valuable to policymakers, as they point to the need to strengthen the existing legal framework for better child protection within the justice systems of both Bangladesh and Malaysia.

Youth Perceptions of Juvenile Justice Facility Staff: Associations With Self-Directed Violence Among Juvenile Detainees

Youth in juvenile justice facilities are at high risk of self-directed violence (SDV; suicide attempts and self-harm). Research shows that positive youth perceptions of adults are preventive against SDV among community youth, yet it is unknown whether this extends to detained youth. Using a large national dataset, the present study examines whether, at the facility level, youth perceptions of staff are associated with rates of youth SDV over time. Results from a multilevel mixed-effects negative binomial model suggest that after accounting for various juvenile facility characteristics and practices, youth perceptions of staff are marginally associated with decreased rates of SDV over time. The results from the present study hold implications for research, policy, and practice. Importantly, the results imply a need for facility-wide and evidence-based staff training on SDV among detained youth that emphasizes building positive interpersonal relationships between staff and youth.

Disentangling Dispositions: Varying Juvenile Court Responses and Outcomes for Girls

Disentangling Dispositions: Varying Juvenile Court Responses and Outcomes for Girls

“Just as expensive as sending him to college:” barriers and perceptions of treatment in justice-involved youth

BackgroundJustice-involved youth have higher rates of substance use disorders (SUDs) than the general population. Many do not connect with or complete treatment, leading to recidivism. This qualitative study explores perceptions and barriers to treatment in this population.ResultsJustice-involved youth participating in a larger study focused on access to SUD treatment were interviewed about available treatment and justice system involvement. Twenty-one dyads (youth and a guardian) and 3 individual guardians (total N = 45) were interviewed by phone. Inclusion criteria were youth aged 14–17 involved in the justice system that screened positive for SUD. Youth sample was 43% male. Thematic analysis guided the process. The study was Indiana University Institutional Review Board approved (#1802346939).Data was interpreted within the ecological system theory. Youth barriers included willingness to engage in treatment, time constraints/scheduling conflicts, and low perceived usefulness of treatment. Major guardian themes included high cost of treatment, lack of communication by the justice system about treatment, youth unwillingness or disinterest to engage in treatment, and limited program availability.ConclusionsThe barriers to treatment for justice-involved youth are multifaceted and occur across the spectrum of levels of the ecological system, which include parents, peers, social systems, and cultural elements. Many youth and guardians suggested improvements for their interactions with the juvenile justice system. Further examination is needed of current policy implementation to address these concerns.

Timing Matters: Exploring the Age-Graded Effects of Juvenile Arrest on Educational Attainment

Scholars have spent considerable time studying barriers to educational attainment. This work has highlighted the deleterious effects of juvenile arrest on educational attainment but has overlooked the importance of timing of first arrest in this age-graded process. Using data from the National Longitudinal Survey of Youth (NLSY97), this study examines the age-graded nature of arrest experiences on educational attainment. The analysis reveals that age at first arrest is a predictor of educational outcomes, emphasizing the detrimental effects of early arrests. These findings highlight the importance of addressing juvenile delinquency through supportive interventions rather than punitive measures. Given the current educational and juvenile justice landscape, the implications of this study are even more relevant.

Case Study: Strength of Child Witness Testimony in Cases of Sexual Abuse in Decision No. IX: 135/Pid.Sus/2023/DPK

In current criminal justice practice, there have been developments regarding the use of children's testimonies, with some judges in Indonesia admitting children's statements as evidence in cases involving minors, even though we know that children are not sworn in before giving testimony. Therefore, the aim of this study is to analyze the legal strength of children's testimonies as evidence in the criminal justice system, focusing on the case with the District Court Decision Number 135/Pid.Sus/2023/PN. Dpk. This research employs a normative legal research method with a legislative approach, conducted to explore legal issues. The primary data source supporting this research includes the District Court Decision from Depok Number: 282/Pid.Sus/2023/DPK, while secondary data consists of Law Number 35 Year 2014 concerning Amendments to Law Number 23 Year 2002 concerning Child Protection, Law Number 11 Year 2012 concerning Juvenile Justice System, and Law Number 8 Year 1981 concerning Criminal Procedure Code. The findings of this research indicate that the evidentiary strength of children's testimonies as witnesses in the Indonesian criminal justice system depends on the validity of the testimony presented in court. However, the truthfulness and probative value of such testimonies are subject to the judge's subjective assessment, and because the evaluation of witness evidence is generally non-binding, this also applies to child witnesses.