COURT STRUCTURE, DEFENSE ATTORNEY USE, AND JUVENILE COURT DECISIONS

A typology of metropolitan juvenile courts suggests important variations in court structure and procedure. Data describing case characteristics and disposition decisions were drawn from two courts selected to represent "types" ("traditional" and "due process") that are different in structure and procedure. Analyses reveal important differences in the uses of defense attorneys, in case outcomes, and in the variables that influence case decisions. Defense attorney use is more consequential and case decision making is more patterned and regular in the "due process" type court. The study suggests an explanation for contradictions of previous research on the determinants of juvenile court decisions and an interpretation for confusing findings on the consequences of using defense attorneys in juvenile court proceedings.     

A Qualitative Examination of the Juvenile Drug Court Treatment Process

ABSTRACT

Drug treatment courts have proliferated at a remarkable rate, to over 1,000 drug court programs by May 2001. Literature has developed which shows drug courts to be generally effective for reducing recidivism and drug use. However, research on juvenile drug court treatment has lagged behind its adult predecessor. Recent research efforts emphasize the need to understand the process components of drug court so this treatment model can be described and modified to improve effectiveness. The current paper has three related objectives: (1) to describe how focus groups can be effectively used to study juvenile drug court treatment processes; (2) to present findings from a juvenile drug court in which this method was used; and (3) to interpret these findings through an empirically validated conceptual model that has been used to examine the treatment process components of community-based drug abuse treatment. Implications for evaluation and treatment professionals are discussed.     

Juvenile Courts and Competency to Stand Trial

This article reviews the recent development of juvenile competency to stand trial (CST) policies across the United States in light of the inherent contradiction of this due process procedure in a separate juvenile court that is premised on the incompetence of youth. The article draws on existing CST legal doctrine and psycho‐legal research to demonstrate the need for sociolegal research to better understand who gains access to the CST process, CST decisions, and how CST may influence subsequent case processing decisions. Utilizing CST as an adopted formal policy from criminal court and an exploratory case study, I demonstrate the difficulties facing how court actors manage the role of youthfulness and culpability for CST decision‐making in contemporary juvenile courts. Overall, both quantitative and qualitative research is needed to examine whether court actors’ practice of CST serves to further deconstruct or reinforce the juvenile court’s rehabilitative ideal.     

Locked down? Speaking from the shadows and silence for survival

I write to speak of silencing and the suffering of survivors of domestic abuse in the family courts of England and Wales and the struggle to find a voice to articulate the hardship faced in this lockdown through court. It has taken the whole period of lockdown to find the words, the courage to keep writing, even as tears stream down my face, even as I sit in a virtual court hearing, even as my voice breaks as I fight to be heard. This text is a glimpse into a world that is hidden in plain view, where I will share fragments of my lived experience. I am scared to write but know I speak or am lost in the silent void that I have known for too long. Domestic abuse and the taboo around it screams at me to remain unseen, hidden, and invisible. I keep returning to find the words, as the very real cost of not naming the violence and reaching out to speak through it is too high. The fragmented account that follows is a raw telling of living life through the court system; it is written to share a voice that was unheard in the family law court and has been minimized, side-lined, ordered, and silenced through 3 years of the court journey and the embodied effects this has had. It moves between space and time to show a journey endured. Can you hear me? Will you bear witness?     

Adult Drug Treatment Courts: A Review

Drug treatment courts (DTCs), an alternative to traditional criminal courts, provide an innovative way to legally process some drug offenders. The origin and recent growth of the drug court system in the USA can be explained as an unintended consequence of a failing 'war on drugs'. In this article, we discuss the spread of adult DTCs throughout the USA, the main components of drug courts, controversies surrounding DTCs, and some criticisms of drug courts. We summarize the recent evaluations of adult DTCs, and highlight various DTC factors that have been found to reduce individual drug use and criminal activity. We also offer suggestions for future research on DTCs and conclude with policy recommendations.     

Sexual Abuse Allegations by Children with Neuropsychiatric Disorders

All Swedish court cases from 2004 and 2006 concerning alleged child sexual abuse (sexual harassment excluded) were identified through criminal registers. Fourteen cases (one boy) concerned a child with a neuropsychiatric disorder. The diagnostic groups were mental retardation (10 cases), autism (three cases), and ADHD (one case). Psychiatric experts were engaged in only two cases. When experts were involved, the courts focused on credibility issues. When the courts applied neuropsychiatric arguments in the absence of an expert, they used developmental arguments. When the authors found that significant neuropsychiatric issues were not discussed by the court it concerned interpretations of symptoms and developmental standpoints. The results illustrate the complexity and pitfalls of drawing conclusions about associations between symptoms and personality characteristics on one side and accuracy of sexual abuse allegations on the other. Moreover, the results highlight the importance of a high quality system for providing courts with adequate neuropsychiatric knowledge.     

Sexual abuse allegations by children with neuropsychiatric disorders

All Swedish court cases from 2004 and 2006 concerning alleged child sexual abuse (sexual harassment excluded) were identified through criminal registers. Fourteen cases (one boy) concerned a child with a neuropsychiatric disorder. The diagnostic groups were mental retardation (10 cases), autism (three cases), and ADHD (one case). Psychiatric experts were engaged in only two cases. When experts were involved, the courts focused on credibility issues. When the courts applied neuropsychiatric arguments in the absence of an expert, they used developmental arguments. When the authors found that significant neuropsychiatric issues were not discussed by the court it concerned interpretations of symptoms and developmental standpoints. The results illustrate the complexity and pitfalls of drawing conclusions about associations between symptoms and personality characteristics on one side and accuracy of sexual abuse allegations on the other. Moreover, the results highlight the importance of a high quality system for providing courts with adequate neuropsychiatric knowledge.     

CONTESTED PORTRAYALS: Medical and Legal Social Control of Juvenile Sex Offenders

While juvenile courts were originally designed to respond to troubled youth by providing treatment appropriate to the needs of individual offenders, advocates of a system that "gets tough" on young criminals by meting out punishments based on offense characteristics (both present offense and past offense history) have become increasingly influential in recent years. In this article, I examine a special case, that of juvenile sex offenders in a Washington State county. for whom a 1990 law reintroduced treatment as a central goal. While Washington has been a forerunner in the shift toward a juvenile justice system in which offending behavior is the central factor in decision making, I argue that, largely as a result of this law, juvenile sex offending has been "medicalized" and that, in this process, distinctions based on offense characteristics have noticeably diminished. This case study provides both empirical support for established theoretical arguments regarding medicalization and a detailed explication of the differences between medical and legal assumptions about social problems.     

Sentencing Male Sex Offenders Under the Age of 14: A Law Reform Advocacy Journey in Hong Kong

The common law presumption that a boy under the age of 14 is incapable of sexual intercourse has provoked controversial debates in Hong Kong. This article describes a 6-step advocacy journey to examine how community efforts have helped modify this law so that juvenile male sexual offenders under the age of 14 who have committed the crime of having sexual intercourse with underage females can be sentenced to receive appropriate treatment. Seven court cases provided by the magistrates’ courts in Hong Kong were used in this advocacy effort for the removal of the presumption in July 2012. Although this effort has yet to reveal signs of effectiveness, it represents greater public awareness about providing rehabilitation appropriate for juvenile sex offenders through a formal sentence. Restorative justice, as opposed to retributive or punitive justice, places an emphasis on rehabilitation of the offender and restoration of victims to a place of wholeness.     

Labelling and Juvenile Court Dispositions: Official Responses to a Cohort of Violent Juveniles*

This research tests three hypotheses implicit in the societal reaction perspective, with data on approximately 3,300 juvenile court dispositions involving the members of a birth cohort of 1,100 violent juveniles. The results indicate, contrary to the implications of the labelling perspective, that defendants' social attributes play little role in this court's decisions. Two findings, however, provide some support for labellers' contentions. First, offense information predicts outcomes only moderately well. The discriminant analysis performed on the data indicates that the variables used in this and other models predict the imposition of extremely severe outcomes much better than they predict outcomes of lesser severity. Second, this court's previous responses to a youth play an important role in any subsequent disposition decisions. The importance of prior court responses in later decisions supports labellers' characterizations of courts as vortices.     

Promoting Drug Court Education in Schools of Social Work: Ideas in Action

Drug courts have provided an alternative to incarceration for arrestees with substance use disorders since 1989 in the USA, and the first drug court outside of the USA began in 1998 in Canada. As drug courts continue to increase throughout the world, it is important for social work students to learn about the role of drug courts in their communities, as they may interact with these programs directly or indirectly, whether it is being a member of a task force that begins a drug court or providing substance abuse treatment to participants. This Ideas in Action article conceptualizes drug courts and discusses their relevance for social work education. The article also proposes several direct service-learning techniques, such as completing practicums and course projects, which can be used within schools of social work to educate students about drug courts and promote civic engagement, reflection, and reciprocity.     

Youthful Offending and Delinquency: The Comorbid Impact of Maltreatment,Mental Health Problems,and Learning Disabilities

A majority of adolescents formally involved in juvenile court have at least one, if not more than one, significant emotional or learning impairment, or maltreatment experience. This is particularly true in juvenile detention and incarceration facility populations. While this problem is increasingly recognized within the juvenile justice system and social work profession, often the impact and correlation to delinquency of these child and youth difficulties is underestimated. This paper reviews the links from mental health disorders, learning (and academic-related) disabilities, and maltreatment victimizations to delinquent and serious youthful offending behaviors, and provides successful collaboration outcome examples to address this problem. The most difficult challenge to juvenile courts and youth-caring systems is working with adolescents and families with comorbid difficulties, for this group is most at risk for incarceration and involvement with the adult criminal justice system.     

Use of Mixed Methods in a Study of Residence and Contact Disputes between Divorced and Separated Parents

This article discusses a study of residence and contact disputes in court which utilised a mixture of quantitative and qualitative methods in order to gain a multidimensional picture of these disputes. It is argued that in a study such as this, the different datasets are best viewed as complementary, rather than as a means of validating each other. The data from each stage address a different aspect of these court disputes, thus offering a better understanding of the complexity of what goes on at court. I examine the ways in which the mixed methods approach improved the research team’s ability to interpret the findings. I conclude that the study has highlighted that because there is not just one view of how well the courts work, a variety of criteria needs to be used in evaluating this: when, for whom, for which problems and on which measures.     

Punishing Juvenile Offenders as Adults: An Analysis of the Social and Political Determinants of Juvenile Prison Admissions across the United States

Abstract

Although the punishment of juvenile offenders has increasingly become an issue of major concern to the public, few studies test the government's coercive response to offending by this particular group. This article addresses the issue by examining the variation in the willingness of courts in the United States to adjudicate juvenile offenders in the adult criminal courts and sentence them to adult correctional facilities. I use pooled time-series negative binomial regression to analyze raw counts of juveniles admitted to adult prisons from 1983 to 2001. Results consistently show that states with larger minority populations admit more juvenile offenders to prisons but that states with very large African American populations send fewer of these offenders to prison. The findings also show that differences in the ideological climate of each state are a strong predictor of the variation in adult sanctions for minors. Additional evidence shows that states where judges must run in an election to gain their seats and states where judges have shorter terms proscribe more severe sanctions for juvenile offenders by sentencing more of them to adult prisons. Overall, the results suggest that race and politics play a very strong role in the sentencing of juvenile offenders to adult prisons.     

In the "best interest" of immigrant and refugee children: deliberating on their unique circumstances

Each year, state juvenile courts provide thousands of immigrant and refugee children with access to consistent and reliable caregiving and a stable environment. To examine how courts interpret "the best interests" of immigrant and refugee children, this article examines 24 cases in courts across the United States, which indicate they use a territorial approach when evaluating the best interests standard. Although legal status was not an issue, many related factors were. Consequently, the courts restricted immigrant parents' rights in caring, guiding, and visiting their children; increased the risk of wrongfully terminating parental rights; and intensified the unpredictability of immigrant and refugee children's welfare in the long run. This article suggests an approach that encourages communication between social workers and the courts to address the special needs and circumstances of immigrant and refugee children on three key topics: the material and moral welfare of the child, and social welfare for immigrant and refugee families.     

Racial Disparities in Drug Court Graduation Rates: The Role of Recovery Support Groups and Environments

There are more than 3,000 drug courts in the United States, and research has demonstrated that, in some drug courts, African American participants are less likely to graduate than their White counterparts. Quantitative studies have documented the problem, but qualitative studies are needed to develop an in-depth understanding of this phenomenon through participants’ experiences. This qualitative study asked African American participants (n = 31) about their lived experiences in drug court to develop insight into the factors that might contribute to racial disparities in drug court outcomes. African Americans had favorable views toward both mandated and natural recovery support groups, and they felt that participating in these support groups increased their likelihood of graduating drug court. Conversely, African Americans felt that a barrier to graduating drug court was their environments, mainly risk factors posed by family, neighborhoods, and peers. Implications for drug court practice are discussed.     

Drug Courts and the Logic of Coerced Treatment1

This article examines the social and historical significance of coerced drug treatment within the criminal justice system. Drug courts, the most prominent example of this approach, serve as a case study to explore how seemingly contradictory perspectives on substance use—therapeutic and punitive—are merged to justify increased criminal justice oversight of defendants in the name of facilitating recovery. Drawing on an analysis of drug court organizational documents and interviews with key advocates, this article (1) examines the punitive, therapeutic, and medical knowledge drug court advocates draw on and construct to justify an increased role for the courts in solving the problem of addiction, and (2) links these theories historically to broader discussions about the causes of crime and the courts’ role in solving social problems. Overall, this article considers how scientific theories are fused with moral considerations in the name of an “enlightened” criminal justice approach to complex social problems.     

Neighborhood context and racial/ethnic disparities in judicial processing

This article examines the importance of neighborhoods in shaping judicial processing and racial/ethnic disparities in court outcomes. Scholarship instructs that court actors—prosecutors, defense counsel, and judges—make legal decisions with local communities in mind. With the rise of geographic information in arrest records and mapping techniques, greater opportunities exist to evaluate the role of neighborhood context in the juvenile and criminal courts. This article synthesizes research on how the characteristics of neighborhoods where defendants live and/or offend influence judicial processing. Attention is given to how scholars define neighborhoods, identify key neighborhood conditions, and analyze the relationships among places and judicial decisions. Emphasis is also placed on unpacking debates on whether neighborhood conditions diminish or aggravate racial/ethnic disparities in court outcomes, such as incarceration decisions. Its analysis reveals findings of neighborhood effects as well as evidence of neighborhood characteristics widening racial/ethnic differences in judicial processing. This article thus encourages the consideration of community context in disparity studies and policy efforts to improve citizens' access to justice.     

Transparency and strategic promotion: How court press releases facilitate judicial agenda-building in Germany

Press releases disseminate selected information and promote particular issues. Although several courts regularly publish press releases on decisions, it is unclear which policy issues are more likely to be promoted by courts. This study argues that courts publish press releases to increase transparency and promote politically contested issues strategically. Using original data on the German Federal Constitutional Court, it assesses the role of press releases for judicial agenda-setting. Policy issues in 7114 court decisions between 1998 and 2019 were coded through supervised text classification. The results show that the press releases cover a greater range of policy issues than the Court’s decisions. They are more likely to be published for decisions that deal with politically contested issues. This study contributes to the policy agenda literature by adding a new case, the German Federal Constitutional Court, and court press releases as a new perspective.     

The Effects of Childhood Sexual Abuse and Other Trauma on Drug Court Participants

Within the context of a larger study of drug court participants, this study examined the impact of traumatic experiences on psychiatric distress and on court outcomes. In the analyses, the participants (n = 229) were separated into 3 groups: childhood sexual abuse (CSA; n = 18), other trauma (n = 134), and no trauma (n = 77). The CSA group had higher mean scores on depression, anxiety, panic disorder, social phobia, somatization, and posttraumatic stress disorder than the other trauma group. Path analyses suggest that a history of trauma is a positive predictor of psychiatric distress and negative court events (positive urine screens, sanctions, etc.), with indirect effects on substance abuse severity, and failure in the drug court. These results suggest a need for the initial assessment procedure in drug courts to include a screening for trauma history, including CSA. They also suggest a need for trauma-informed care within drug courts.