Criminology

Criminology

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There are a multitude of different theories on the causes of crime (criminology) most, if not all, of which are applicable to the causes of juvenile delinquency.

Rational choice

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Classical criminology stresses that the causes of crime lie within individual offenders, rather than in their external environment. For classicists, offenders are motivated by rational self-interest, and the importance of free will and personal responsibility is emphasized.[65] Rational choice theory is the clearest example of that idea. Delinquency is one of the major factors motivated by rational choice.

Social disorganization

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Current positivist approaches generally focus on the culture. A type of criminological theory attributing variation in crime and delinquency over time and among territories to the absence or breakdown of communal institutions (such as family, school, church, and social groups) and communal relationships that traditionally encouraged cooperative relationships among people.

Strain

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Strain theory is associated mainly with the work of Robert K. Merton, who felt that there are institutionalized paths to success in society. Strain theory holds that crime is caused by the difficulty for those in poverty have to achieve socially-valued goals by legitimate means.[65] Since those with, for instance, poor educational attainment have difficulty achieving wealth and status by securing well-paid employment, they are more likely to use criminal means to obtain those goals.[66] Merton's suggests five adaptations to this dilemma:

1. Innovation: individuals who accept socially-approved goals but not necessarily the socially-approved means.

2. Retreatism: those who reject socially-approved goals and the means for acquiring them.

3. Ritualism: those who buy into a system of socially-approved means but lose sight of the goals. Merton believed that drug users are in this category.

4. Conformity: those who conform to the system's means and goals.

5. Rebellion: people who negate socially-approved goals and means by creating a new system of acceptable goals and means.

A difficulty with strain theory is that it does not explore why children of low-income families have poor educational attainment in the first place. More importantly, much youth crime does not have an economic motivation. Strain theory fails to explain violent crime, the type of youth crime that causes most anxiety to the public.

Differential association

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Differential association is another theory that deals with young people in a group context and looks at how peer pressure and the existence of gangs could lead them into crime. It suggests young people are motivated to commit crimes by delinquent peers and learn criminal skills from them. The diminished influence of peers after men marry has also been cited as a factor in desisting from offending. There is strong evidence that young people with criminal friends are more likely to commit crimes themselves. However, offenders may prefer to associate with one another, rather than delinquent peers causing someone to start offending. Furthermore, there is the question of how the delinquent peer group initially became delinquent.

Labeling

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Labeling theory is a concept in criminology that aims to explain deviant behavior from the social context, rather the individual themselves. It is part of interactionism criminology, which states that once young people have been labeled as criminal, they are more likely to offend.[65] The idea is that once labelled as deviant, a young person may accept that role and be more likely to associate with others who have been similarly labeled.[65] Labelling theorists say that male children from poor families are more likely to be labelled deviant, which may partially explain the existence of more working-class young male offenders.[36]

Social control

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Social control theory proposes that exploiting the process of socialization and social learning builds self-control and can reduce the inclination to indulge in behavior that is recognized as antisocial. These four types of control can help prevent juvenile delinquency:

Direct by which punishment is threatened or applied for wrongful behavior, and compliance is rewarded by parents, family, and authority figures. Internal by which a youth refrains from delinquency through the conscience or superego. Indirect by identification with those who influence behavior, such as because the delinquent act might cause pain and disappointment to parents and others close relationships. Control through needs satisfaction: if all an individual's needs are met, there is no point in criminal activity.

Punishment

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In 2020 a ruling abolished the death penalty for juveniles in Saudi Arabia. Despite this Mustafa Hashem al-Darwish was executed in June 2021. He was alleged to have of taken part in anti-government demonstrations at the age of 17. al-Darwish had been detained in May 2015 being placed in solitary confinement for years. al-Darwish claimed that he faced brutal torture and beatings and was forced to sign confessions.[67][68]

One criminal justice approach to juvenile delinquency is through the juvenile court systems. These courts are specifically for minors to be tried in. Sometimes, juvenile offenders are sent to adult prisons.[69] In the United States, children as young as 8 can be tried and convicted as adults. Additionally, the United States was the only recorded country to sentence children as young as 13 to life sentences without parole also known as death in prison sentences. As of 2012, the Supreme Court has declared death in prison sentences unconstitutional for the vast majority of cases involving children.[21] According to the US Department of Justice, about 3,600 children are housed in adult jails.[70]

According to a report released by the Prison Policy Initiative, over 48,000 children are held in juvenile detention centers or prisons in America.[19] The worldwide number is unknown but UNICEF estimates that over 1 million children experience confinement in various countries.[71] Juveniles in youth detention centers are sometimes subject to many of the same punishments as adults, such as solitary confinement, despite a younger age or the presence of disabilities.[72] Due to the influx of minors in detention facilities due to the school to prison pipeline, education is increasingly becoming a concern. Children in juvenile detention have a compromised or nonexistent schooling which to a higher number of drop outs and failure to complete secondary education.[73]

Prevention

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1936 poster promoting planned housing as a method to deter juvenile delinquency, showing silhouettes of a child stealing a piece of fruit and an older child involved in armed robbery

Delinquency prevention is the broad term for all efforts aimed at preventing youth from becoming involved in criminal, or other antisocial, activity. Prevention services may include activities such as substance abuse education and treatment, family counseling, youth mentoring, parenting education, educational support, and youth sheltering. Increasing availability and use of family planning services, including education and contraceptives helps to reduce unintended pregnancy and unwanted births, which are risk factors for delinquency. It has been noted that often interventions such as peer groups may leave at-risk children worse off than if there had never been an intervention.[74]

Policies

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Education promotes economic growth, national productivity and innovation, and values of democracy and social cohesion.[75] Prevention through education has been seen to discourage delinquency for minors and help them strengthen the connection and understanding between peers[76]

A well-known intervention treatment is the Scared Straight Treatment.[77] According to research done by Scott Lilienfeld, this type of intervention is often harmful because of juvenile offenders' vicarious exposure to criminal role models and the possibility of increased resentment in reaction to the confrontational interactions.[78] It has been reasoned that the most efficient interventions are those that not only separate at-risk teens from anti-social peers, and place them instead with pro-social ones, but also simultaneously improve their home environment by training parents with appropriate parenting styles.[74]

In response to the data correlated with the school to prison pipeline, some institutions have implemented restorative justice policies.[79] The restorative justice approach emphasizes conflict resolution and non-punitive intervention.[80] Interventions such as hiring more counselors as opposed to security professionals or focusing on talking through problems would be included in a restorative justice approach.[80]

It is also important to note certain works of legislation that have already been published in the United States in response to general prisoner re-entry, extending to juveniles, such as the Second Chance Act (2007) and most recently, the Second Chance Reauthorization Act (2018).[81]

Juvenile reform

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Juvenile reform deals with the vocational programs and educational approach to reducing recidivism rates of juvenile offenders. Most countries in the world legislate processes for juvenile reform and re-entry, some more elaborate and formal than others. In theory, juvenile re-entry is sensitive to the fact that juveniles are young and assumes they are capable of change; it approaches a juvenile offender's situation and history holistically, evaluating the earlier factors that could lead a juvenile to commit crimes. In practice, this is complicated since juvenile delinquents return home to varying and unpredictable circumstances, including poverty, substance abuse, domestic violence, etc..

In the United States, juvenile reform is split into four main phases:[82]

1. The Entry Phase: The youth enters residential placement

2. The Placement Phase: Amount of time youth is in the placement facility (whatever that may be)

3. The Transitional Phase (re-entry): Act of leaving facility and entering community (from right after exit of facility to right before entering community)

4. The Community-based Aftercare Phase: Period of time after youth returns to the community (usually 120-day period right after transitional phase)

An understanding of the factors involved in each of these steps is crucial to creating an effective juvenile reform program. One non-profit identifies the following approaches to juvenile reform:[83]

1. Early Intervention: preventing juvenile youth from ever encountering the justice system by implementation of conflict-resolution practices or administrative strategies that aim to teach the child healthy actions to take in difficult situations. It is implemented before any offense is committed and often involves a thorough discussion of what individual issues a child is dealing with.

2. Diversion: the placement of youth in programs that redirect youth away from juvenile justice system processing, or programs that divert youth from secure detention in a juvenile justice facility. These programs are most often in attempt to protect juveniles from getting a charge on their record after they have already committed a crime. This can be led through school administration intervention or by law enforcement officers that have been trained in dealing with at-risk youth. These programs are often given to children who have unstable life circumstances and are thus extended aid that will attack the "root problems" rather than further isolate them in society.

3. Alternatives to Secure Confinement: a juvenile justice approach that does not require the juvenile's entry in a "jail-like" facility. Often involves the juvenile's continued participation in society, but in a modified manner. Such alternatives include home confinement, supervision of a probation officer, community service requirements, and community-based facilities, among others.

4. Evidence-Based Practices: the emphasis on encouraging youth participation in programs that have evidence of working. The evaluation of "success" for a program is dependent on multiple factors, such as reduction of recidivism rates, cost-effectiveness, and addressing health problems.

5. Diverting Youth Who Commit Status Offenses: programs that address the "root" problems causing a juvenile's behavior and actions. Such programs are often part of a tiered approach to juvenile justice and reform.

6. Funding Community-Based Alternatives on a Large Scale: the supporting of all initiatives in a community that have been proven to help with juvenile betterment and reform. This allows the community to help its own and does not rely on the decisions of the state regarding the needs of juveniles.

While juvenile reform has proved to be an effective and humanizing approach response to juvenile delinquency, it is a very complex area that still has many ongoing debates. For example, many countries around the world are debating the appropriate age of a juvenile, as well as trying to understand whether there are some crimes that are so heinous, they should be exempt from any understanding. Based on these discussions, legislation needs to be consistently updated and considered as social, cultural, and political landscapes change.

Juvenile sex crimes

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Juveniles who commit sexual crimes refer to individuals adjudicated in a criminal court for a sexual crime.[84] Sex crimes are defined as sexually abusive behavior committed by a person under the age of 18 that is perpetrated "against the victim's will, without consent, and in an aggressive, exploitative, manipulative, and/or threatening manner".[85] It is important to utilize appropriate terminology for juvenile sex offenders. Harsh and inappropriate expressions include terms such as "pedophile, child molester, predator, perpetrator, and mini-perp".[86] These terms have often been associated with this group, regardless of the youth's age, diagnosis, cognitive abilities, or developmental stage.[86] Using appropriate expressions can facilitate a more accurate depiction of juvenile sex offenders and may decrease the subsequent aversive psychological affects from using such labels.[86] In the Arab Gulf states [sic], homosexual acts are classified as an offense, and constitute one of the primary crimes for which juvenile males are charged.[87]

Prevalence data

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Examining prevalence data and the characteristics of juvenile sex offenders is a fundamental component to obtain a precise understanding of this heterogeneous group. With mandatory reporting laws in place, it became a necessity for providers to report any incidents of disclosed sexual abuse. Longo and Prescott indicate that juveniles commit approximately 30-60% of all child sexual abuse.[86] The Federal Bureau of Investigation Uniform Crime Reports indicate that in 2008 youth under the age of 18 accounted for 16.7% of forcible rapes and 20.61% of other sexual offenses.[88] Center for Sex Offender Management indicates that approximately one-fifth of all rapes and one-half of all sexual child molestation can be accounted for by juveniles.[89]

Official record data

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The Office of Juvenile Justice and Delinquency Prevention indicates that 15% of juvenile arrests occurred for rape in 2006, and 12% were clearance (resolved by an arrest).[90] The total number of juvenile arrests in 2006 for forcible rape was 3,610 with 2% being female and 36% being under the age of 15 years.[90] This trend has declined throughout the years with forcible rape from 1997–2006 being −30% and from 2005 to 2006 being −10%.[90] The OJJDP reports that the juvenile arrest rate for forcible rape increased from the early 1980s through the 1990s and at that time it fell again.[90] Violent crime rates in the U.S. have been on a steady decline since the 1990s.[91] The OJJDP also reported that the total number of juvenile arrests in 2006 for sex offenses (other than forcible rape) was 15,900 with 10% being female and 47% being under the age of 15.[90] There was again a decrease with the trend throughout the years with sex offenses from 1997 to 2006 being −16% and from 2005 to 2006 being −9%.[90]

Males who commit sexual crimes

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Barbaree and Marshall indicate that juvenile males contribute to the majority of sex crimes, with 2–4% of adolescent males having reported committing sexually assaultive behavior, and 20% of all rapes and 30–50% of all child molestation are perpetrated by adolescent males.[84] It is clear that males are over-represented in this population. This is consistent with Ryan and Lane's research indicating that males account for 91-93% of the reported juvenile sex offenses.[85] Righthand and Welch reported that females account for an estimated 2–11% of incidents of sexual offending.[92] In addition, it reported by The Office of Juvenile Justice and Delinquency Prevention that in the juvenile arrests during 2006, African American male youth were disproportionately arrested (34%) for forcible rape. In one case in a foster home a 13-year-old boy raped a 9-year-old boy by having forced anal sex with him. In a court hearing the 9-year-old boy said he had done this multiple times. The 13-year-old boy was charged for sexual assault.[90]

Juvenile sex crimes internationally

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Sexual crimes committed by juveniles are not just an issue in the United States. Studies from the Netherlands show that out of 3,200 sex offenders recorded by police in 2009, 672 of those were juveniles, approximately 21 percent of sexual offenders. The study also points out the male to female ratio of sexual predators.[93]

In 2009, a U.S. congressman proposed legislation that would create an International Sex Offender Registry. The bill was introduced due to the fact that because laws differ in different countries someone who is on the sex offender registry in the U.S. who may be barred from living certain places and doing certain activities has free range in other less developed countries. This can lead to child sex tourism, when a sexual predator will go to less developed countries and prey on young boys and girls. Karne Newburn in his article, The Prospect of an International Sex Offender Registry, pointed out some serious flaws in the proposed bill, such as creating safety issues within the communities for the sex offenders placed on the registry. Newburn suggested instead of creating an International Sex Offender Registry from the U.S. model the U.S. join other countries in a dialogue on creating an effective model. As of now no registry exists. Despite this there is still interest in creating some sort of international registry.[94]

By country

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United Kingdom

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The United Kingdom has three separate and distinct criminal justice systems: England and Wales, Northern Ireland, and Scotland. Young offenders are often dealt with by the Youth Offending Team. There is concern young adult offenders are not getting the support they need to help them avoid reoffending.[95]

In England and Wales the age of criminal responsibility is set at 10. Young offenders aged 10 to 17 (i.e. up to their 18th birthday) are classed as a juvenile offender. Between the ages of 18 and 20 (i.e. up to their 21st birthday) they are classed as young offenders. Offenders aged 21 and over are known as adult offenders.

In Scotland the age of criminal responsibility was formerly set at 8, one of the lowest ages of criminal responsibility in Europe. It has since been raised to 12 by the Criminal Justice and Licensing (Scotland) Act 2010, which received Royal Assent on 6 August 2010.[96][97]

In Northern Ireland, the age of criminal responsibility is 10.

Canada

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In Canada, the YCJA protects the rights of young offenders. It has four main goals to ensure the youth is subject to meaningful consequences that promote the long-term protection of society, to rehabilitate and reintegrate the youth into society seamlessly, and to prevent crime by examining the underlying causes. The YCJA was introduced in 2003, succeeding the Young Offender's Act.

Northern Europe

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In Sweden, the age of criminal responsibility is set at 15 since 1902.[98]

United States

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In the United States, the age of criminal responsibility for federal crimes is set at 11. While this has been set at the federal level, each state is responsible for setting their own age of criminal responsibility. Thirty-one states have no minimum age for criminal responsibility, while the remaining 19 do. North Carolina has the lowest responsibility age of 6 years old and Massachusetts has the highest of 12 years old.[99]

There are 1.5 million cases per year in the US that handle status offenses or criminal offenses by young offenders. However, only 52 juveniles were fully sentenced to prison-time between 2010–2015. Recidivism is common among young offenders, with 67% becoming repeat offenders.[100]

Brazil

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In Brazil, the age of criminal responsibility is set at the age of 18. Anyone that is found guilty of committing crimes prior to the age of 18 is treated to other options rather than jail. These include, for children under 12, foster care options in order to get them a safer family, and, for young offenders over 12, being sentenced to complying with a range of socio-educative measures that can go from a warning to community work and even to internment in specialized facilities, which include basic schooling and occupational training courses that aim at preventing the offenders from resorting to crime to support themselves, although conditions in such facilities are often subpar.[101][102] With a spike in crime rates among young offenders occurring in 2015, along with an almost 40% increase in internments of young offenders, there was a push to lower the age of criminal responsibility to 16, which ultimately failed.[103][104]

China

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Juvenile crime has risen in China with an average increase of 5% per year. In 2021, China lowered the age of criminal responsibility from 14 to 12 in an amendment to its criminal law, and it mandated that such prosecution must be approved by the Supreme People's Procuratorate.[105]