Abstract Just like adult offenders with mental health, we also are faced with youth in the justice systems that have mental health issues as well. Seeing as mental health for youth reaches such a broad spectrum for young offenders and their brains are still maturing, unlike in adults, it is tricky to pinpoint main causes in a precise definition across the board. Being so, mental health is often misdiagnosed in young offenders. Some behaviours that are similar to adolescence growing up such as acting out are not taken serious nor seen to be a mental health disorder. In reality these corresponding behaviours could be underlying symptoms of mental health issues. Not only can these disorders be a genetic trait but they could also stem from traumatic experiences. These youth who seem to present or maybe sometimes not present with mental health often end up in our youth detention centres. These youth with mental health make up an extensive subgroup in our justice system. For a long time this has been a crisis because our courts were unaware of the impact and also don’t know how to address this issue. Trying to balance the needs of these youth, keeping their …show more content…
How the youth justice system deals with young offenders who suffer from mental illness has changed over the years, starting from 2011 when the first mental health court for young offenders was established in Toronto. Although youth mental health has existed in juvenile detention centres for decades, only recently has the youth justice system made changes to help with better handling of these special cases. A new specialty court was recently introduced into our youth justice system. This new court system was designed to help address the needs of youth in the justice system who present mental health issues, and also with the goal to deter any youth from
The correlation of mental health and substance use in adolescence is very problematic. Many believe that the relationship between the two are so strong that it plays a causative role in the development of adolescents. It places adolescents at risk for problems within their families, communities, and as an individual. This disease can be severe enough that it impairs the adolescent 's ability to function as a person. Both mental health and substance abuse are entangled within one another, that it makes it difficult to decipher which condition is causing each symptom. However, several research studies concluded that adolescents who suffer from mental illness may self-medicate their symptoms by using drugs. The juvenile justice systems suffer from adolescents with mental health disorders, substance abuse or even both.
The juvenile justice system faces a significant challenge in identifying and responding to the psychiatric disorders of detained youth because research has shown that it is difficult to define the best means to use and enhance the scarce mental health resources (Kessler & Kraus, 2007). According to Cocozza and Skowyra (2000) “Children’s and adolescents’ mental health needs have historically been addressed inadequately in policy, practice, and research and have only the number of youth with mental illness and their level of unmet needs recognized” (p 4). Furthermore, that the juvenile justice system has gone from treatment and rehabilitation to retribution and punishment, that the prevalence is
At national, state, and local levels, there is increasing recognition of the importance of identifying and responding to the mental health needs of youths in the juvenile justice system, as policymakers and practitioners struggle to find ways to address causes and correlates of juvenile crime and delinquency. The proposed guidelines for mental health assessment provide explicit information about how, why, and when to obtain mental health information on justice youths at each important juncture in processing.
The number of people with mental illness in the criminal justice system is one of the most pressing problems facing law enforcement and corrections today (Cuellar, McReynolds, & Wasserman, 2006). The Surgeon General’s Report on Mental Health estimated that about 20% of children and adolescents in the general population have mental disorders with some degree of at least mild functional impairment (USPH, 1999). Subsequent research has found much higher rates of serious mental health problems among youth in the juvenile justice system. Among youth who have been arrested, one study found that 31% of youth had received services from the mental health system (Rosenblatt, Rosenblatt, & Biggs, 2000). Two studies of youth in juvenile detention found that between 60% and 68% met the diagnostic criteria for a mental health disorder (Teplin, Abram, McClelland, Dulcan, & Mericle, 2002; Wasserman, Ko, & McReynolds, 2004). Once youth with emotional disturbances enter the justice system, repeated arrests are common through the remainder of childhood and into adulthood. Recidivism rates for individuals with a serious mental illness are nearly double those in the general population (Baillargeon, Binswanger, Penn, Williams, & Murray, 2009; Constantine, Petrila, Andel, Givens, Becker et al., 2010). In an analysis of juvenile trajectories, youth with emotional disturbances in their late adolescent years were more likely to fall into the high arrest trajectory class and much
In Spring 2009, three offenders, all in grade eleven , set two houses is Sherwood park on fire. The youth criminal justice Act (YCJA) provided opportunities for them to reintegrate and rehabilitate, instead of throwing them in jail. YCJA covers kids between the ages twelve to seventeen years old. It 's purpose is to handle youth offenders more differently than adults because of their undeveloped minds. The YCJA was released back in 2003. By protecting the rights and providing Youth Canadians the support they need, the YCJA benefits the offenders in a positive way. The act gentrust the youth a second chance to make sure they don 't reoffend by rehabilitating and reintegrating them. Also youth over the age 14 years can get an adult sentence if necessary. Therefore, the YCJA is an effective law because it supports everyone; youth will acquire the help they need and Public Safety is insured.
Juvenile justice settings, especially in Texas, were not designed as sites for comprehensive psychological and psychiatric treatment of adolescents’ mental disorders. On national, state, and local levels there has been a major increase in the interest of mental health needs within the juvenile justice system. Evidence-based research and data has become more available with societies interest into this matter. A continuous struggle with Texas policymakers and officials is identifying and properly treating mentally ill juveniles and keeping them out of the justice system. Acknowledging established data and comparing it to current Texas mandates helps seek recommendations for improvement within all levels and jurisdictions of the Texas juvenile justice system.
Adolescence is a critical time of development. During this period there are significant changes in brain development, emotions, cognition, behavior, and personal relationships. It is during this time that most major mental health disorders appear, many of which carry over into adulthood. Behavior patterns such as substance abuse also often develop during this time and may continue throughout adulthood. Many adolescents struggling with mental health issues begin to exhibit symptoms such as acting out at home or in school, showing a decreased interest in activities that they previously enjoyed, or bringing home poor grades. Others ultimately are charged with offenses ranging from status
The report will discuss the following and address the legal and social issues surrounding the prosecution of mentally ill perpetrators.
The Youth Criminal Justice Act is the law that helps govern youth offenders in Canada, which has been created to introduce a overall fair and equitable method to deal with youth criminal offenders but could use further improvements. This act applies to youth between the ages of 12 and 17 and who have taken an offensive action against the law. Over the century there have been 3 youth justice statutes; the Juvenile Delinquents Act (1908-1984), the Young Offenders Act (YOA) (1984-2003), and the Youth Criminal Justice Act (YCJA) (2003-present). Significant changes were made to the act to make it much more fair and straight to the point. Changes such as the useage of courts in non-serious cases, fairness in sentencing, and lack of effective interrogation.
The YCJA has the liability to assign a youth meaningful consequences that would instill one with positive behaviours and actions. This is why they are able to appoint a person counselling and community service as a consequence. Some might argue that this is not fair and equitable because they wonder how picking up garbage in the community would be advantageous, but in reality “Community supervision orders are sometimes given with other sanctions and, at a minimum, require the young person to keep the peace, be of good behaviour, report to correctional personnel and appear before the court as required.” Considering that youth’s minds are still being developed, including their frontal lobe which is responsible for a person’s behaviour, reasoning and intelligence, it is easier to implant positive behaviours in these 12-17 year olds compared to adults. In terms of counselling and seeking psychiatric aid, the YCJA takes into deliberation not only the severity of the crime, but also one’s characteristics, attitude and background.
Juveniles committing crimes is not a new issued being introduced to society; actually, it has been an issue for centuries. However, the big question is, should juveniles be tried in adult courts? Before answering, take into consideration every possible scenario that could have led them to commit the crime. For instance, were they the leader in the act? Did they participate in the crime? Was the juvenile even aware of what was taking place? Were they peer pressured? Did they have any other choice at the time? There are so many other questions we could consider when making a decision here.
When thinking of reforming the juvenile justice system one has to think; what can we do to make this better for everyone involve? There are some programs that can be implemented when trying to make a change in the juvenile system. The main thing is getting parents or the guardian more involved in the child’s whereabouts. Secondly the community where the youth will have a place to go and have something more constructive to do to keep them out of trouble. Law enforcement can get involved in giving ride along and having visits to the local jails or prisons from the youth to talk to some of the inmates. Crime in life isn’t racist at all it has a no age limit, no certain gender and no social status for most of those whom decide to partake in a criminal activity. From the beginning juveniles have been an issue with law enforcement, the question has always arisen of whom will take control without cruel and unusual punishment and assist with the rehabilitation and prevention future crime actions.
Many have argued that competency to stand trial is the “most significant mental health inquiry pursued in the system of criminal law” (Cowden & Mckee). This pillar of the American Legal System assures that those accused of criminal acts must be sufficiently competent to understand and partake in the trial proceedings. The threshold of competence can differ from jurisdiction to jurisdiction but it mainly hinges on a series of factors such as cognitive deficits, the presence of a mental illness, and an inability to comprehend or effectively communicate with legal counsel. While this standard was made legal precedent in the 1960s it was only in regards to the adult criminal system; however, in past decades legal reform has allowed for youths to be tried and subjected to the same punishments as adult defendants (Schwartz & Grisso). This legal development brings about a very imperative issue: Should youth offenders be subjected to the same standard of competence as their adult counterparts? Furthermore, since these statutes were developed for determining competency in adults, can they properly recognize the uniqueness of the youth population?
Young people represent the future of society. Consequently, they deserve respect and support while they develop in order to maintain a fair and just society. Therefore, it is the juvenile justice system’s responsibility to establish institutions and legislation to protect the important role that young people play in society. The system should also be driven by welfare and justice concerns as young people have special needs in regards to their age, and their physical, emotional and social development. It is essential that these welfare and justice concerns are addressed effectively by the system in order for young people to flourish. This essay will firstly assess the NSW juvenile justice system in regards to its treatment of young offenders in detention, in conjunction with its obligations under domestic and international law. Additionally, this essay will analyse evidence of welfare and justice concerns for youth offenders in detention in NSW. And furthermore, this essay will analyse the implications of youth detention on young offender’s and society. And ultimately argue that the NSW contemporary juvenile justice system is not driven by welfare and justice concerns. Given the fact that NSW has the highest rate of youth detention in Australia, and that there is overwhelming evidence to support the idea that youth detention carries detrimental physical and psychological consequences. Furthermore, the NSW juvenile justice system is not upholding the fact that young people
For starters, contact with a police officer often is a young person 's introduction to the juvenile justice system police account for most referrals to juvenile court. Law enforcement 's role with boys and girls under the age of eighteen is challenging because there are laws that federally protect youth that commit serious crimes and attempts to aid them in a road to recovery to return to their communities. Police officers generally summon young offenders to the police department 's juvenile division to question them and if necessary, confine them. At the time of an arrest, officers decide whether to refer young offenders to juvenile court or to send the case to the justice system.