0
0

Chapter 65. Juvenile Justice

Louis Kraus, M.D.; Kayla Pope, M.D., J.D.
DOI: 10.1176/appi.books.9781585623921.480836

Sections

Excerpt

Treatment of the juvenile justice population has evolved over time. The current system reflects the constant tension between the need to limit the destructive behavior of delinquent youth and the recognition that their behaviors are influenced by many factors that are beyond their control and place them at risk—the concept of police power versus parens patriae. Prior to the nineteenth century, children were seen as property of their parents and were accorded few protections from parental abuse and neglect. With respect to criminal matters, children above the age of 7 years old were treated as adults and were presumed to be responsible for their actions. These attitudes began to change in the late nineteenth century in response to industrialization, with its effects on the family and community structure and the increase in social problems including delinquent behavior. From this social context a rehabilitative ideal emerged under the influence of social reformers who believed that children who engaged in delinquent behavior were the victims of poverty, poor social training, and economic instability. By adopting a rehabilitative model, these reformers believed that delinquent children could be made into productive members of society. It was out of this movement that the first juvenile court came into existence in Chicago, Illinois, in 1899.

Your session has timed out. Please sign back in to continue.
Sign In Your Session has timed out. Please sign back in to continue.
Sign In to Access Full Content
 
Username
Password
Sign in via Athens (What is this?)
Athens is a service for single sign-on which enables access to all of an institution's subscriptions on- or off-site.
Not a subscriber?

Subscribe Now/Learn More

PsychiatryOnline subscription options offer access to the DSM-5 library, books, journals, CME, and patient resources. This all-in-one virtual library provides psychiatrists and mental health professionals with key resources for diagnosis, treatment, research, and professional development.

Need more help? PsychiatryOnline Customer Service may be reached by emailing PsychiatryOnline@psych.org or by calling 800-368-5777 (in the U.S.) or 703-907-7322 (outside the U.S.).

References

American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders, 4th Edition. Washington, DC, American Psychiatric Association, 1994
 
Arias E, Anderson R, Kung H, et al: Deaths: Final Data for 2001. National Vital Statistics Report. Hyattsville, MD, National Center for Health Statistics, 2003
 
Balfanz R, Spiridakis K, Curran-Nield R, et al: High poverty, secondary schools, and the juvenile justice system: how neither helps the other and how that could change. New Dir Youth Dev 99:71–89, 2003
[PubMed]
 
Belenko S: Research on Drug Courts: A Critical Review. New York, The National Center on Addiction and Substance Abuse at Columbia University, 2001
 
Bruck M, Melnyk L: Individual differences in children's suggestibility: a review and synthesis. Appl Cogn Psychol 18:947–996, 2004
 
Butts J, Buck J, Coggeshall M: The Impact of Teen Courts on Young Offenders. Washington, DC, The Urban Institute, 2002
 
Carter CA, Bottoms BL, Levine M: Linguistic and socioemotional influences on accuracy of children's reports. Law Hum Behav 20:335–358, 1996
 
Closson M, Rogers KM: Educational needs of youth in the juvenile justice system, in The Mental Health Needs of Young Offenders: Forging Paths Toward Reintegration and Rehabilitation. Edited by Kessler L, Kraus L. Cambridge, UK, Cambridge University Press, 2007, pp 230–241
 
Dennis M, Titus J, White M, et al: Global Appraisal of Individual Needs: Administration Guide for the GAIN and Related Measures. Bloomington, IL, Chestnut Health Systems, 2002
 
Dery M, Toupin J, Pauze R, et al: Neuropsychological characteristics of adolescents with conduct disorder: association with attention-deficit-hyperactivity and aggression. J Abnorm Child Psychol 27:225–236, 1999
[PubMed]
 
Drug Court Clearinghouse and Technical Assistance Project: Looking at a Decade of Drug Courts. Washington, DC, Report of Office of Justice Programs, Drug Court Technical Assistance Project at the American University, 1999
 
Estroff TW, Hoffman NG: PADDI: Practical Adolescent Dual Diagnosis Interview. Smithfield, RI, Evince Clinical Assessments, 2001
 
Fast DK, Conry J, Loock CA: Identifying fetal alcohol syndrome among youths in the criminal justice system. J Dev Behav Pediatr 20:370–372, 1999
[PubMed]
 
Gallagher CA, Dorbin A: The association between suicide screening practices and attempts requiring emergency care in juvenile justice facilities. J Am Acad Child Adolesc Psychiatry 44:485–493, 2005
[PubMed]
 
Geraghty TF, Kraus L, Fink P: Assessing children's competence to stand trial and to waive Miranda rights: new directions for legal and medical decision making in juvenile courts, in The Mental Health Needs of Young Offenders: Forging Paths Toward Reintegration and Rehabilitation. Edited by Kessler L, Kraus L. Cambridge, UK, Cambridge University Press, 2007, pp 79–122
 
Giedd JN, Blumenthal J, Jeffries NO, et al: Brain development during childhood and adolescence: a longitudinal MRI study. Nat Neurosci 2:861–863, 1999
[PubMed]
 
Goldstein N, Condie L, Kalbeitzer R, et al: Juvenile offenders Miranda rights comprehension and self-reported likelihood of offering false confessions. Assessment 10:359–369, 2003
[PubMed]
 
Gray D, Achilles J, Keller T, et al: Utah Youth Suicide Study, phase I: government agency contact before death. J Am Acad Child Adolesc Psychiatry 41:427–434, 2002
[PubMed]
 
Grisso T: Juvenile's Waiver of Rights: Legal and Psychological Competence. New York, Plenum, 1981
 
Grisso T: Forensic Evaluations of Juveniles. Sarasota, FL, Professional Resource Press, 1998
 
Grisso T, Barnum R: Massachusetts Youth Screening Instrument: User's Manual and Technical Report. Sarasota, FL, Professional Resources Press, 2006
 
Grisso T, Steinberg L, Cauffman E: Juveniles' competence to stand trial: a comparison of adolescents' and adults' capacities as defendants. Law Hum Behav 27:333–363, 2003
[PubMed]
 
Hayes L: Juvenile Suicide in Confinement: A National Survey. Alexandria, VA, National Center on Institutions and Alternatives, 2004
 
Hsia HM, Bridges GS, McHale R: Disproportionate Minority Confinement, Update 2002. Washington, DC, U.S. Department of Justice Programs, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, 2004
 
In re Gault, 387 U.S. 1 (1967)
 
Kassin SM, Norwick RJ: Why people waive their Miranda rights: the power of innocence. Law Soc Rev 28:211–221, 2004
[PubMed]
 
Kent v United States, 383 U.S. 541 (1966)
 
Kessler CL: Innovative problem-solving court models for justice-involved youth, in The Mental Health Needs of Young Offenders: Forging Paths Toward Reintegration and Rehabilitation. Edited by Kessler L, Kraus L. Cambridge, UK, Cambridge University Press, 2007, pp 386–401
 
Kochanek KD, Murphy SL, Anderson RN, et al: Deaths: Final Data for 2002. National Vital Statistics Report. Hyattsville, MD, National Center for Health Statistics, 2002
 
Kraus R: Psychological testing in juvenile justice settings, in The Mental Health Needs of Young Offenders: Forging Paths Toward Reintegration and Rehabilitation. Edited by Kessler L, Kraus L. Cambridge, UK, Cambridge University Press, 2007, pp 289–308
 
Kruh IP, Brodsky SL: Clinical evaluations for transfer of juveniles to criminal court: current practices and future research. Behav Sci Law 15:151–165, 1997
[PubMed]
 
Lester BM, LaGasse LL, Seifer R: Cocaine exposure and children: the meaning of subtle effects. Science 282:633–644, 1998
[PubMed]
 
Males M, Macallair D: The Color of Justice: An Analysis of Juvenile Adult Court Transfers in California. Washington, DC, Building Blocks for Youth, 2000
 
Morris R: Health risk behavior survey from thirty-nine juvenile correctional facilities in the United States. J Adolesc Health 17:334–344, 1995
[PubMed]
 
Morris R: Medical issues regarding incarcerated youth, in The Mental Health Needs of Young Offenders: Forging Paths Toward Reintegration and Rehabilitation. Edited by Kessler L, Kraus L. Cambridge, UK, Cambridge University Press, 2007, pp 256–270
 
Morris R, Harrison E, Knox G, et al: Health risk behavioral survey from 39 juvenile correctional facilities in the United States. J Adolesc Health 17:334–344, 1995
[PubMed]
 
Needleman HL, Schell A, Bellinger, et al: The long-term effects of exposure to low doses of lead in childhood: an 11-year follow-up report. N Engl J Med 322:83–88, 1990
[PubMed]
 
Otnow-Lewis D: Guilt by Reason of Insanity: A Psychiatrist Probes the Minds of Killers. New York, Fawcett Columbine, 1998
 
Poe-Yamagata E, Jones M: And Justice for Some: Differential Treatment of Minority Youth in the Justice System. Washington, DC, Youth Law Center, 2000
 
Pope CE, Lovell R, Hsai HM: Disproportionate Minority Confinement: A Review of the Research Literature from 1989 through 2001 (Bulletin). Washington, DC, U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, 2002
 
Quinn MM, Rutherford RB, Leone PE, et al: Youth with disabilities in juvenile corrections: a national survey. Except Child 71:339–345, 2005
 
Redlich A, Drizin S: Police interrogation of youth, in The Mental Health Needs of Young Offenders: Forging Paths Toward Reintegration and Rehabilitation. Edited by Kessler L, Kraus L. Cambridge, UK, Cambridge University Press, 2007, pp 61–78
 
Redlich AD, Goodman GS: Taking responsibility for an act not committed: the influence of age and suggestibility. Law Hum Behav 27:141–156, 2003
[PubMed]
 
Redlich AD, Silverman M, Steiner H: Factors affecting pre-adjudicative and adjudicative competence in juveniles and young adults. Behav Sci Law 21:1–17, 2003
 
Rohde P, Seeley J, Mace D: Correlates of suicidal behavior in a juvenile detention population. Suicide Life Threat Behav 27:164–175, 1997
[PubMed]
 
Roper v Simmons, 543 U.S. 551 (2005)
 
Sanislow C, Grilo C, Fehon D, et al: Correlates of suicide risk in juvenile detainees and adolescent in-patients. J Am Acad Child Adolesc Psychiatry 42:234–240, 2003
[PubMed]
 
Skiba RJ, Noam GG: Zero tolerance, zero evidence: an analysis of school disciplinary practices. New Dir Youth Dev 92:17–43, 2002
 
Snyder HN, Sickmund M: Minorities in the Juvenile Justice System, 1999. Washington, DC, U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, 2000
 
Teichner G, Golden CJ: The relationship of neuropsychological impairment to conduct disorder in adolescence: a conceptual review. Aggress Violent Behav 5:509–528, 2000
 
Teplin LA, Abram KM, McClelland GM, et al: Psychiatric disorders in youth in juvenile detention. Arch Gen Psychiatry 59:1133–1143, 2002
[PubMed]
 
Vermeiren R, De Clippele A, Schwab-Stone M, et al: Neuropsychological characteristics of three subgroups of Flemish delinquent adolescents. Neuropsychology 16:49–55, 2000
 
Vincent GM, Grisso T, Terry A: Mental health screening and assessment in juvenile justice, in The Mental Health Needs of Young Offenders: Forging Paths Toward Reintegration and Rehabilitation. Edited by Kessler L, Kraus L. Cambridge, UK, Cambridge University Press, 2007, pp 271–288
 
+

CME Activity

Add a subscription to complete this activity and earn CME credit.
Sample questions:
1.
Which of the following Supreme Court rulings made the execution of juveniles illegal?
2.
According to a study by the Northwestern Juvenile Project (Teplin et al. 2002), which of the following are the most common psychiatric disorders/conditions among both male and female juvenile detainees?
3.
Several medical conditions predispose children to violent and aggressive behavior. For example, youth in juvenile justice are more likely than members of the general population to have been exposed during the postnatal period to which of the following?
NOTE:
Citing articles are presented as examples only. In non-demo SCM6 implementation, integration with CrossRef’s "Cited By" API will populate this tab (http://www.crossref.org/citedby.html).
Related Content
Articles
Books
Dulcan's Textbook of Child and Adolescent Psychiatry > Chapter 1.  >
Dulcan's Textbook of Child and Adolescent Psychiatry > Chapter 2.  >
Dulcan's Textbook of Child and Adolescent Psychiatry > Chapter 3.  >
Dulcan's Textbook of Child and Adolescent Psychiatry > Chapter 4.  >
Dulcan's Textbook of Child and Adolescent Psychiatry > Chapter 5.  >
Topic Collections
Psychiatric News
PubMed Articles
 
  • Print
  • PDF
  • E-mail
  • Chapter Alerts
  • Get Citation