The right to counsel in juvenile court

Research Summary The U.S. Supreme Court in In re Gault granted delinquents the right to counsel in juvenile courts. Decades after Gault, efforts to provide adequate defense representation in juvenile courts have failed in most states. Moreover, juvenile justice administration varies with structural context and produces justice-by-geography. In 1995, Minnesota enacted juvenile law reforms, which include mandatory appointment of counsel. This pre- and post-reform legal impact study compares how juvenile courts processed youths before and after the statutory changes. We assess how legal changes affected the delivery of defense services and how implementation varied with urban, suburban, and rural context. Policy Implications We report inconsistent judicial compliance with the mandate to appoint counsel. Despite unambiguous legislative intent, rates of representation improved for only one category of offenders. However, we find a positive reduction in justice by geography, especially in rural courts. Given judicial resistance to procedural reforms, states must find additional strategies to provide counsel in juvenile courts.     

The role of power in shaming interactions: how social control is performed in a juvenile court

Shaming is a mechanism theorists have highlighted as an important means of social control. However, this concept and the ways in which officials use shame in the context of formal social control is not easily studied. Interviews with a Southern California juvenile court judge and observations of his interactions with youths on probation are used to illustrate the reflexive nature of social control interactions. This ethnographic study illustrates how the emotion of shame is used to manage delinquent and defiant young people in a justice setting. A nuanced analysis of the various strategies used by this juvenile court judge to evoke signs of remorse, accountability, and deference from young offenders is provided. Such an investigation informs theoretical perspectives on how social control is employed, highlights the important role of power in the interactions, and provides a better understanding of theoretical concepts, such as reintegration and stigmatization.     

White privilege,juvenile justice,and criminal identities: a qualitative analysis of the perceptions and self-identification of incarcerated youth

This study examines in-depth interview data from thirty male juveniles incarcerated in a private correctional facility in the Midwest. Comparing the perceptions and experiences of 14 white male youth with 8 Native American, 4 black, and 4 Latino participants, white privilege was reflected in responses involving perceptions of the self as a ‘criminal’. Youth of all races described the effect of correctional facilities on their self-identification as a ‘criminal’ and youth of color were more likely than white youth to report the feeling that other community members viewed them as criminal before and after being arrested. Overall these findings demonstrate the ‘clean slate’ that white youth begin with compared to youth of color. Ultimately, time spent in a correctional facility appears to liken white youth’s perception of themselves as criminals to the self-identification of youth of color. Policy implications include implementing alternatives to incarceration, such as community service requirements to reintegrate youth into the community and avoid the negative effect of incarceration on the identities of juveniles. For youth of color, reducing racial discrimination is necessary to end the self-fulfilling prophecy and the sense of being labeled a criminal by the community prior to incarceration.     

废除死刑之门——未成年人不判死刑原则及其在中国的确立与延伸

禁止对未成年人判处死刑是联合国《儿童权利公约》、《少年司法最低限度标准规则》、《公民权利与政治权利国际公约》等所确立的一项基本原则。自20世纪初以来,中国即开始了确立这一原则的努力,但直到1997年刑法典才实现了与这一原则的"无缝衔接"。考察未成年人不判死刑原则在中国确立的历程,至少有三点启示:第一,尽管艰难,但彻底废除死刑在中国仍具有实现的可能性;第二,从犯罪主体(强调其社会弱势群体特征)的角度废除死刑要比从罪行性质的角度入手,更具可行性,也更为平等和较少带来负面影响;第三,青年,尤其是年轻青年与未成年人有着诸多类似之处,可以而且应当首先将未成年人不判死刑规则延伸于这一群体,这也是避免误判不满18岁未成年人死刑的需要。     

A comparison of criminal sexual conduct defendants based on victim age

This study compared defendants charged with Criminal Sexual Conduct whose victims were <6 years of age with defendants whose victims were 12 or more years of age. The study included 163 men referred to the evaluation unit of a state center for forensic psychiatry. Thirty-eight men had younger victims (YVs) and 125 men had older victims (OVs). The variables of comparison were defendant demographic and psychiatric variables frequently identified in the sex offender literature. Controlling for other demographic and psychiatric variables by use of logistic regression modeling, elderly defendants (60 years or greater), and incest offenders were three times more likely to have YVs (Odds Ratio [OR] 3.08 and 3.11, respectively). Unlike previous studies defendants with serious psychiatric pathology (psychosis or mania) were no more likely to have YVs (OR 0.66) than were defendants without psychosis.     

Labeling effects of initial juvenile justice system processing decision on youth interpersonal ties*

The juvenile justice system can process youth in myriad ways. Youth who are formally processed, relative to being informally processed, may experience more public and harsh sanctions that label youth more negatively as “deviant.” Drawing on labeling theory, the current study evaluates the relative effect of formal justice system processing on the interpersonal dynamics of youth peer networks. Using data from the Crossroads Study, a multisite longitudinal sample of first-time adolescent offenders, the current study applies augmented inverse probability weighting and generalized mixed-effects models to estimate the effects of formal processing on friendship selection processes of homophily and withdrawal and considers whether these effects vary by race and ethnicity. Consistent with expectations of homophily, formally processed youth acquire more new deviant peers and fewer nondeviant peers during the 3 years after their initial processing decision compared with informally processed youth. The findings suggest no differences exist across processing types in withdrawal from friends. These effects were consistent across racial and ethnic groups. Ultimately, this study explores the dynamic interpersonal mechanisms associated with labeling theory and offers additional insight into the negative effects of formal processing.     

The impact of military service on criminal offending over the life course: evidence from a Dutch conviction cohort

Objectives  

Examination of the relationship between military service and criminal conviction, and evaluation of its sensitivity through the use of two distinct study designs.     

Lessons learned from the implementation of two randomized trials in a criminal court setting

Randomized trials represent the most rigorous type of research design to measure the impact of a social policy intervention. However, such designs are difficult to implement and require the consent of multiple parties, including researchers and non-researchers. Unique challenges arise when seeking to implement such a design in a criminal court setting, due to the need to revise legal procedures, uphold due process for defendants, and obtain the direct, ongoing participation of judges and attorneys, among other stakeholders. The current principals recently conducted two randomized trials concerning the court response to intimate partner violence: one testing the impact of court-ordered batterer programs in the Bronx, New York, and a second testing the impact of intensive judicial monitoring in Rochester, New York. Key lessons involved forging collaborative stakeholder relationships, critically assessing the experimental intervention and its contrast with the control condition, ensuring legal due process for defendants, addressing victim safety, setting realistic timetables, adopting a skeptical view towards estimates of study volume, and anticipating substantial variation from original design to final plan, especially in regards to randomization protocols and defendant eligibility criteria. These lessons may prove invaluable in informing future research in court-based and other social settings where random assignment is pursued.     

百年嬗变:美国少年司法之溯源、衍变及展望

少年司法肇始于美国,至今已有110余年的历史。但美国少年司法发展历程并非一帆风顺,先后历经前少年法院时期、少年法院创设与探索期、少年权利时期以及少年司法晚近变革期等四个主要阶段。其间,少年司法政策因实证主义兴起与新刑事古典主义复兴等社会思潮交叉影响不免时常进退辗转,甚至出现少年法院废除论的主张。对美国少年司法与未成年人保护追根溯源及总结,以吸取其改革中的经验与教训,以供构建我国少年司法制度反省、参酌和借鉴实有必要。     

The questionable advantage of defense counsel in juvenile court

This article examines the issue of legal representation in serious juvenile delinquency matters in three diverse juvenile courts. The prevalence of legal counsel varied among felony referrals. Out-of-home placement was more likely to occur if a youth had an attorney, even when other relevant legal and individual factors were the same. Within each court, the results showed more likely of placement corresponding to seriousness of the case. Although this escalation was evident among cases with attorneys and those without, placement was more apt to occur when there was legal counsel. Given these findings, we offer recommendations for issues that should be considered and possible policy actions.     

Italian criminal trials: Lost in transition? Differing degrees of criminal justice convergence in Italy and Australia

The Italian Code of Criminal Procedure underwent extraordinary reform in 1988, from an established inquisitorial system to incorporate key elements of adversarialism. This reform sought to create greater separation of powers and efficiency of the trial system. Two decades on, Italian criminal trials continue to be overly protracted, and struggle with maintaining independence of the judiciary (particularly a distinct separation from the prosecutorial arm). This paper primarily examines the philosophical foundations of inquisitorial and adversarial systems, and theories of the policy making process. It develops a theoretical framework for understanding the transformation of the Italian trial system, and the challenges that have resulted from combining two divergent approaches to criminal justice. Various important lessons are drawn for criminal justice community, as many jurisdictions are engaging in similar convergence of these systems as a result of global influence and change.     

The gendering effects of co-authorship in criminology & criminal justice research

Historically, research from various fields has indicated that females are underrepresented in academic papers. Not only are females less likely to publish relative to males, but they are also less likely to be sole-, co-, and first-authors in journal publications. While this gender discrepancy has become smaller in recent decades, males are still disproportionately represented in academic papers. The current study reviews author characteristics of articles published in the top fifteen criminology/criminal justice journals over a forty-year period (1974–2014). Among the 11,348 articles in the study, results indicated that while female sole- and first-authorship increased throughout the study period, 26.6% of sole-authors were female while 32% were first-authors and composed 33.3% of all co-authors. Further, females were less likely to be sole- and first-authors, less likely to have co-authors, and more likely to publish with other female co-authors.     

福建省违法犯罪青少年的个性特征研究

为探讨青少年违法犯罪与个性的关系,采用艾森克个性问卷对621名13－19岁违法犯罪青少年和1371名相应年龄在校学生按不同年龄段和性别进行对照研究,发现16－19岁男性违法犯罪青少年外向性（E）、精神质（P）评分显著高于对照组（P＜0．01）,13－15岁男性违法犯罪少年精神质（P）、神经质（N）评分显著高于对照组（P＜0．01）,16－19岁女性违法犯罪青少年神经质（N）评分低于对照组（P＜0．05）,不同违法犯罪类型之间各个维度无统计学差异,表明外向性、精神质和神经质与男性青少年违法犯罪相关,倾稳性可能与女性青少年违法犯罪有关。     

The use of neuroscientific evidence in Canadian criminal proceedings

This article addresses the question of how neuroscientific evidence is currently used in the Canadian criminal justice system, with a view to identifying the main contexts in which this evidence is raised, as well as to discern the impact of this evidence on judgements of responsibility, dangerousness, and treatability. The most general Canadian legal database was searched for cases in the five-year period between 2008 and 2012 in which neuroscientific evidence related to the responsibility and recidivism risk of criminal offenders was considered. Canadian courts consider neuroscientific evidence of many types, particularly evidence of prenatal alcohol exposure, traumatic brain injury, and neuropsychological testing. The majority of the cases are sentencing decisions, which is useful given that it offers an opportunity to observe how judges wrestle with the tension that evidence of diminished capacity due to brain damage tends to reduce moral blameworthiness, while it also tends to increase perceptions of risk and dangerousness. This so-called double-edged sword of the biological explanation of criminal behavior was reflected in this study, and raises questions about whether and when the pursuit of such evidence is advisable from the defense perspective.     

手部脱落细胞DNA转移及二次转移的实验研究

目的研究脱落细胞遗留者洗手时间及所接触客体类型对手部脱落细胞转移的影响,同时考察手部脱落细胞DNA是否能够发生二次转移。方法 9名志愿者在洗手后30min、2h、6h分别握持木柄螺丝刀、橡胶柄螺丝刀、胶木插头1min和佩戴粗纱手套15min,对上述物品进行DNA提取检测,同时进行手部脱落细胞的二次转移实验。结果从志愿者接触过的物品中能够获得的STR基因座数量随着接触者洗手后时间的延长而增加;在洗手后30min和2h的触摸实验中,4种客体检出的基因座数量存在统计学差异,从手套中检出的基因座数量多于从木柄和橡胶柄螺丝刀中检出的数量;从脱落细胞遗留状态较差者握持过的螺丝刀中,检出了与该物品没有直接接触的脱落细胞遗留状态较好者部分STR基因座。结论接触者最后一次洗手时间是影响脱落细胞DNA转移的一个重要因素,在接触性DNA的提取检测和结果解释过程中,对有可能发生的二次转移现象应予以高度注意。