Treatment Of Young Offenders Research Articles

Screening children in conflict with the law in Kenya for mental health needs using the Massachusetts Youth Screening Instrument–Version 2

A growing body of research shows that justice-involved children, particularly those in conflict with the law, present with symptoms of a diagnosable mental disorder. Routine screening and assessment of young offenders assists justice actors in determining the most appropriate treatment interventions, ensures effective rehabilitation, and enhances public safety. Conversely, some child-justice jurisdictions such as Kenya have not integrated mental health screening for children entering the justice system. This lack of internal audit mechanisms by agencies can contribute to worsening of the young person’s mental status. This study sought to determine the mental health needs of 153 children in conflict with the law committed by courts to remand homes, reception centers, rehabilitation schools, Borstal institutions, youth corrective centers, probation hostels, and on community probation supervision in Nairobi country. Massachusetts Youth Screening Instrument Version-2 was used to screen the children. The findings revealed that thought disturbance in boys was the highest endorsed scale as 58.9% were within warning range scores. Clinically significant caution level scores were reported for somatic complaints (66.7%), angry-irritable (54.2%), and depressed-anxious (45.1%). There were statistically significant gender differences in somatic complaints (p = 0.021), suicidal ideation (p < 0.001) and traumatic experiences (p = 0.034). Respondents with a history of offending had higher mean scores in alcohol/drug use (M = 2.92, SD = 2.36). Significant differences were found between the institution where the child was screened and alcohol/drug use. The findings of this study could assist the Kenyan child justice system to institute mechanisms for mandatory mental health screening, assessment, and treatment of young offenders.

Involvement of minors in the criminal process: procedural regulation according to the legislation of the Republic of Kosovo

This study explores the significance of juvenile personality in criminal proceedings within Kosovo’s legal framework, emphasising juveniles' unique psychological, social and biological development stages and their impact on criminal behaviour. Despite the global interest in juvenile justice, there is a notable gap in literature specific to Kosovo, particularly concerning the consideration of personality traits and cognitive maturity in legal processes. Through an analysis of the Code of Juvenile Justice and the Code of Criminal Procedure, along with case studies and interviews with police, prosecutors, judges and psychologists, the research addresses this gap. Key findings highlight that while Kosovo’s legal framework provides robust protections for juveniles, practical challenges include delayed identification, insufficient privacy enforcement and resource constraints. The study underscores the importance of psychologist involvement during interrogations and the need for age-appropriate communication. Additionally, it points out the limited number of specialised personnel and rehabilitation institutions as major obstacles. The research advocates for enhanced training, increased resources and a review of current sanctions to ensure the juvenile justice system prioritises rehabilitation over punishment. This study aims to improve the understanding of juvenile personality in legal proceedings, promoting fair and just treatment for young offenders. Keywords: Criminal Process; Juvenile Personality; Kosovo Juvenile Justice.

Mental Health in Young Detainees Predicts Perpetration of and Desistance From Serious, Violent and Chronic Offending.

Mental health problems are common among young offenders but their role in predicting criminal recidivism is still not clear. Early identification and treatment of young offenders at risk of serious, violent, and chronic (SVC) offending is of major importance to increase their chances to develop into a healthy and non-criminal future and protect society from further crime. In the present study, we assessed mental health among 106 young offenders while incarcerated and analyzed their criminal careers up to 15 years after release. We found high rates of mental health issues, especially externalizing problems, but also concerning illegal substance and alcohol use patterns as well as personality disorders. Rule-breaking behavior and internalizing problems were negatively related to incarceration time until study assessment, but withdrawal and internalizing problems were positively associated with remaining time to release. Whereas, SVC status before assessment and after release were not statistically dependent, mental health issues predicted perpetration of and desistance from SVC offending after release. Alarming alcohol use appeared to be of specific importance in this regard. Findings indicate that young offenders at risk of future SVC offending may benefit from mental health treatment with specific focus on problematic alcohol consumption to prevent ongoing crime perpetration.

Asking for Young Offenders: What is the Fate of Restorative Justice within Nigeria's Discretionary Diversion Policy?

The young offenders’ justice system in Nigeria represents an area where the law has failed to respond properly to the needs it was designed for. Many empirical studies conducted over 17 years show that young offenders in Nigeria are continuously subjected to the state-sanctioned processes and practices—the formal justice system—which goes against the best interest of the child principle. This is despite the fact that Nigeria has ratified the United Nations Convention on the Rights of the Child and domesticated it through the Child’s Rights Act 2003 (CRA). The problem is that the diversion policy framework under the CRA offers discretionary powers to state officials who drive the formal justice system. This allows these officials to choose whether to divert cases and to select which restorative justice mechanisms to divert to at any level of the young offenders’ justice system. This paper argues that taking away such discretionary powers can help to improve the treatment of young offenders under the Nigerian criminal justice system. Drawing lessons from New Zealand, this paper suggests, among others, a mandatory diversion policy for a committed practice of juvenile restorative justice in Nigeria.

Barriers to accessing psychological treatment for medium to high risk male young offenders

ABSTRACT Within the young offender population, rates of personality disorder and mood disorders are considerably higher than both the general and adult offender population. Despite this high level of need and high risk of harm, psychological services within prisons are widely underutilized. Little is known about the barriers to accessing treatment for young offenders. This study investigated barriers to accessing psychological treatment for male young offenders detained in a UK prison. There were 128 participants, aged 18–21. A cross-sectional design compared self-reported barriers and psychological distress for Black and Minority Ethnic (BME) and White young offenders not accessing treatment, as well as those who were. A preference for self-reliance, a lack of trust in the prison system, lengthy waiting times and a general reluctance to talk about emotions were the most commonly cited barriers. BME young offenders not engaged in treatment reported significantly more barriers to accessing treatment than BME young offenders who were engaged in treatment, but both BME groups had equal levels of psychological distress. There was no significant difference between BME and White young offenders in the number of barriers reported, including stigma barriers. Future research should evaluate interventions to increase access for this marginalised population.

The Will to Change: Lessons from Canada's Successful Decarceration of Youth

In 1997, Canada's youth custodial facilities held 3825 sentenced youths. Eighteen years later, this number was 527—an 86 percent reduction. Overall youth imprisonment (sentenced + pretrial detention) decreased by approximately 73 percent. This paper uses Canada's successful decarceration of youths to understand what might be learned about decarceration more broadly. By examining the reforms that transpired in Canada's treatment of young offenders since the 1960s and the political/cultural shifts that occurred since the 1990s, we demonstrate that the decline resulted from changes occurring in various parts of the system. Finally, we contrast this decarceration with more than 60 years of relative stability of Canadian adult imprisonment rates as well as Canada's failure to substantially decrease youth pretrial detention in order to identify those factors seemingly necessary to reduce imprisonment more generally.

Predicting Attrition and Engagement in the Treatment of Young Offenders

Premature treatment termination in offender treatment is linked to negative consequences for clients, practitioners, and the criminal justice system. Therefore, identifying predictors of treatment attrition is a crucial issue in offender rehabilitation. Most studies on this topic focus on adult offenders; less is known about adolescent offenders. In our study, therapy attrition and engagement were predicted via logistic and linear regression to examine the link between pretreatment variables, engagement, and treatment failure in 161 young offenders treated in a social-therapeutic unit in Germany. Engagement could be predicted by motivation, disruptive childhood behavior, low aggressiveness, and higher age. In turn, low motivation, substance abuse, and young age predicted attrition, but their impact diminished when engagement was added to the model with only substance abuse remaining significant. The effect of substance abuse on attrition disappeared, when the offender's initial motivation was high. Implications for assessment and treatment planning are discussed.

Gathering the Excluded Voice: The TXT Inside/TXT Outside Project

The TXT Inside/TXT Outside Project was an interdisciplinary community legal education project. It was a collaboration between a legal academic, computing and social scientists, and a conceptual artist. The project involved young offenders held under secure conditions in a Young Offender Institution using text art to reflect on their experiences of law, life and the legal system. The aim of the project was to engage the young offenders and the general public in a discussion about the treatment of young offenders using narrative techniques. The voices of young people held in custody (Inside) were ‘gathered’ and ‘released’, to be seen, heard and responded to by the public at large (Outside). The focal point of the action was a ‘stage event’ in the centre of Cardiff, where the text messages of a small group of young people in custody were displayed on a large screen, with the public being invited to respond by texting their own messages. A documentary film from the event, which included the projections and interviews with the public, was subsequently shown to and discussed with participating young people in custody.

Experiences of shame and empathy in violent and non-violent young offenders

Youth offending is one of society's most pressing problems and the development of our understanding in this area is of paramount importance. Shame and empathy are believed to play a role in offending; however, research investigating these concepts in the young offender population is limited and further work is necessary to investigate their role within this neglected group. Using a sample of 80 violent and non-violent male young offenders, this study investigated whether there were any differences between experiences of shame and empathy in these groups. There were no significant differences between the two groups in terms of the levels of shame they experienced. There was, however, a significant difference between the groups in their levels of empathy, with violent young offenders experiencing lower levels of empathy. This result has implications for young offender treatment programmes, with particular emphasis on differentiating violent and non-violent offenders.

The Relationship Between Neutralizations and Perceived Delinquent Labeling On Criminal History in Young Offenders Serving Community Orders

This study examined the associations between young offenders' justifications for delinquent behavior, their perceptions of being labeled “delinquent,” and criminal history. Young offenders ( N = 153) serving community orders completed a questionnaire that assessed their use of justifications for offending (neutralizations) and their perceptions of being delinquent. More than half did not believe that others labeled them as delinquent. Those who did believe so self-reported more delinquency and other problem behaviors but did not a have more serious official criminal history than “unlabeled” offenders. Factor analysis revealed a two-factor structure (minimization and rationalization) for the neutralization items. Neutralization factors were weak predictors of official criminal history but were stronger predictors of self-reported delinquency and other problem behaviors. Findings are discussed with reference to the implications for risk and responsivity principles in the treatment of young offenders.

Understanding Sentencing under the Youth Criminal Justice Act

The authors provide an analysis of the complicated sentencing regime found in Canada's Youth Criminal Justice Act (YCJA) and compare the new Act to the previous Young Offenders Act In comparison to the provisions of the Criminal Code that govern adult sentencing, the YCJA makes no reference to deterrence, has more focus on rehabilitation, and calls for lesser penalties than for adults. The authors point out that proportionality is a key principle for both sentencing youths and adults, but the aggravating elements enumerated in the YCJA are not the same as those in the Criminal Code. They further note that situations in which youth custody may be used are limited and that judges are directed to treat custody as a last resort and consider all alternatives. The authors conclude that the YCJA facilitates a more uniform treatment of young offenders, though the courts will continue to exercise considerable discretion. While it is clear that the use of custodial sanctions will decrease even without more community resources, in some places the coming into force of the new Act was accompanied by increased community resources which will also affect sentencing practices. The article concludes with a survey of some of the first cases decided under the YCJA, which reveal that custodial sanctions were avoided and rehabilitative principles played a major role in sentencing decisions.

GENDER DIFFERENCES IN THE PERCEPTION OF DRUG USER TREATMENT: ASSESSING DRUG USER TREATMENT FOR YOUTHFUL OFFENDERS

The present study sought to determine whether gender-specific differences existed in the perception of drug user treatment services delivered at a residential substance misuse treatment program operated by a large youth correctional agency in the western United States. Hypothesized gender differences in perceptions of treatment services and treatment-related needs were confirmed in a number of areas such as treatment engagement, counseling needs, and post-release concerns. Findings of this exploratory study underscore the need to consider gender-specific issues in correctional substance misuse treatment for young offenders.

An Analysis of Legal Intervention Concerning Minors in France

This essay discusses the French legal system and its treatment of young offenders. Within this system, special judges are assigned to deal with both at-risk children and with young offenders in the same venue. In this system, the actions of juvenile court judges are guided by a law which requires them to privilege an educational approach over a punitive one even when working with young offenders. Thus, social workers and French juvenile court judges work together in a way akin to restorative justice. This article analyzes what happens when the standard of the best interests of the child is applied not only in child protection cases, but also in matters of juvenile delinquency.

AN ACCOUNT OF DEVELOPMENT WORK IN CAREERS EDUCATION AND GUIDANCE WITH A GROUP OF YOUNG OFFENDERS

This paper identifies the need for careers guidance agencies to work together with secure units for young offenders and young offenders’ institutions, in order to provide a holistic and rehabilitative experience for young offenders. The process of involvement should be to encourage the young people to engage in positive ways with a world from which they may have felt alienated; to prepare for transitions; to recognize and achieve ambitions, and improve self‐image whilst still in detention. This paper seeks to promote the concept and practice of programmes of treatment for young offenders, and to outline the part that careers education and guidance can play in that whole process.

Punishing Children:

This article examines the treatment of young offenders in an inner-city area of contemporary Britain. The effect of harsher legislation on the practices adopted by agencies and practitioners is highlighted. The analysis relates to the symbolic interactionist tradition, and on the basis of the material collected, convergencies and discrepancies with such theoretical tradition are pinpointed. In a brief conclusion, while the case under investigation is said to reflect the growing punitiveness exacted on youth in general, it is also said to signal the particular British obsession with punishing children.

Justice, Welfare Or A New Direction?: An Examination of the Juvenile Justice legislation Amendment Act 1996 (Qld)

The primary focus of this paper however, is the testing of the Act against international human rights standards. It is an approach encouraged by the increasing deference to international human rights norms within the academic and judicial arenas. Thus it is appropriate that due regard be given to international values in determining the benchmarks for acceptable treatment of young offenders, notwithstanding that the instruments in which some such values are explicated have not been incorporated into municipal law.

The criminal justice act 1991: Principal provisions and their effects on psychiatric practice

Abstract The main provisions of the Criminal Justice Act 1991 came into effect on 1 October 1992. The Act contains the most radical reform of the criminal justice system in the last 20 years. The effects will be widespread and involve sentencing policy, the parole system, probation, fines, the treatment of young offenders and the privatization of various parts of the system including prisons and escort services. The Act was in response to a number of factors including increasing crime rates, governmental desire to be seen to be tough on crime, the increasing prison population and the rejection of the rehabilitative ideal and general deterrence theory. In addition there has been longstanding disquiet with the system of parole and the treatment of young people within the penal system.

A Revisionist History of Intermediate Treatment

SUMMARY This paper examines and challenges the view that intermediate treatment for young offenders in England and Wales has always been intended as an alternative to custody provision. It argues that its origin and subsequent development have to be understood within what was the prevailing welfare discourse at the time of the 1969 Children and Young Persons Act. It traces some of the processes involved in the change that has since taken place, characterized by a move from 'welfare' to 'justice' talk, and suggests that it was only then that the conceptual space for intermediate treatment to operate as an alternative to custody was established. Finally, it examines some of the critical issues raised by these changes in policy and discourse. In the intermediate treatment (IT) arena of England and Wales a particular kind of talk has been produced in recent years, based on a set of beliefs now so seemingly self-evident that they have almost become a truism. This 'new orthodoxy' (Jones, 1984)—the viewpoint that IT is, or at least should be, an alternative to custody or residential care for appropriate juvenile offenders—has become so powerful that it both orders the general structure of the debate about IT into the form of a categorical imperative ('IT is ... a service which supplies care, control and treatment specifically

The Treatment of Young Offenders

The Treatment of Young Offenders

The Treatment of Young Offenders

Within the limits of a short paper it is possible to deal with no more than a single aspect of juvenile delinquency, if one makes an effort beyond mere generalities. I propose to say something about the punishment of young offenders after their conviction in the criminal courts. To justify and to explain what I say on this matter I shall assume therefore the truth of two statements: the first, that the amount of crime committed by young people to be very serious, and the second that the character of their offences is often very grave.I am by no means one of those who takes the view that the young offender is almost always the victim of circumstance, for whom punishment in die old-fashioned sense of the word is either useless, unjust, or inappropriate. Nevertheless, the most modest experience of the juvenile courts teaches one immediate lesson. It is that delinquents vary so widely in intelligence, as also in material circumstances, that in any decision as to the selection of punishment a court must consider carefully every individual offender. This is a matter not of sentiment or of mercy but of the plainest expediency. If this rule is disregarded, real efficiency of a bench is impossible. It is quite impossible for a court either to do real justice or to get the best results if it measures out punishments by rule-of-thumb methods. Two defendants may have committed precisely similar wrongful acts, but it may well be wholly unjust and absurd to award them the same penalty. I labour this point advisedly because it is the basic principle upon which rests the wise administration of criminal law. Again I emphasise that to accept this principle does not mean in the least that one rejects all severe and painful punishment as necessarily wrong. It means only that an instructed judge regards all punishment as a form of treatment.