The relationship of punishment- and victim-based moral orientation to prosocial, externalizing, and norm trespassing behaviour in delinquent and non-delinquent adolescents: a validation study of the Moral Orientation Measure

This study examined the reliability and validity of the Moral Orientation Measure (MOM), which was administered to 75 juvenile delinquents and 579 non-delinquent adolescents from lower socio-economic and educational backgrounds. Confirmatory factor analysis of a two-factor model, with punishment- and victim-based moral orientation as factors, showed an adequate fit to the data, indicating construct validity of the MOM. Moderate associations between moral orientation and sociomoral reasoning, as well as empathy, were also considered indicative of construct validity. Additional evidence for construct validity was found in only small associations between moral orientation and social desirability and verbal intelligence. Stronger victim-based orientation proved to be associated with less norm trespassing behaviour in non-delinquent adolescents and more prosocial behaviour in juvenile delinquents, which was considered indicative of concurrent validity. The results of this study strengthen the case for the MOM as a reliable and valid instrument to assess moral development in adolescents at risk of behavioural maladjustment, showing that moral orientation is differently associated with morally relevant behaviour in delinquent and non-delinquent adolescents.

Expressed‐Interest Legal Representation for Children in Substitute Care: Evaluation of the Impact of Representation on Children's Permanency Outcomes

Based on a combination of administrative data; juvenile court record review; and informed‐participant interviews of juvenile court judges, attorneys, and service providers, the current study examines the impact of the Foster Children's Project (FCP). FCP is a program that provides professional legal representation to children in substitute care. Legal representation by FCP attorneys is found to increase the rate of children's exit to adoption, leading to a higher overall rate of exit to permanence. The rate of exit to reunification is not, however, found to be affected by FCP representation. Implications for juvenile court policy and practice are discussed.

Key Points for the Family Court Community:
• The study is the first of its kind to examine the impact of client‐directed representation in cases of children in foster care through examination of Palm Beach County's Foster Children's Project (FCP), which provides professional legal representation to those in state care.
• FCP representation was found to increase the rate of children's exit to adoption, leading to a higher overall rate of exit to permanence. The rate of exit to reunification, however, remained stable.
• Research findings are based on administrative data; juvenile court record review; and interviews of juvenile court judges, attorneys, and service providers.

     

被害人承诺在刑法理论体系中的地位问题初探

被害人承诺可分为“合意”与“同意”两种形式。从发挥犯罪构成要件的机能、顺应人们认识事物的规律出发，将被害人承诺中的“同意”作为首先符合犯罪构成要件，然后基于法益衡量将其合法化的正当化事由更为科学。     

论未成年人犯罪的法律适用

未成年人可塑性大 ,易走向犯罪深渊 ,也易改造。因此 ,在未成年人犯罪的法律适用方面 ,应根据我国法律对未成年人特殊保护的精神 ,坚持教育为主、处罚为辅的原则 ,实行教育、感化、挽救的方针 ,为他们回归社会创造更好的社会环境     

社会转型期青少年犯罪防控机制对策研究简

转型期的中国各种社会矛盾十分突出,刑事犯罪呈动态化和复杂化态势,其中新生代农民犯罪问题备受社会关注.闲散青少年群体、有不良行为或严重不良行为的青少年群体、流浪乞讨青少年群体、服刑在教人员的未成年子女群体、农村留守儿童群体被列为五类重点青少年群体,如何促使其市民化是防控青少年犯罪的关键点.本文拟就青少年犯罪尤其是“新生代农民”违法犯罪问题进行社会归因研究,结合犯罪心理学、社会学、治安管理学等理论,就防控青少年犯罪以及如何促使其顺利完成城市社会化等问题进行探讨.     

Pro-bullying attitudes among incarcerated juvenile delinquents: Antisocial behavior,psychopathic tendencies and violent crime

The objective was to evaluate a new scale aimed at assessing antisocial attitudes, the Pro-bullying Attitude Scale (PAS), on a group of 259 voluntarily-recruited male juvenile delinquents from a juvenile correctional institution in Arkhangelsk, North-western Russia. Exploratory factor analysis gave a two-factor solution: Factor 1 denoted Callous/Dominance and Factor 2 denoted Manipulativeness/Impulsiveness. Subjects with complete data on PAS and Childhood Psychopathy Scale (CPS) (n = 171) were divided into extreme groups (first and fourth quartiles) according to their total scores on PAS and the two factor scores, respectively. The extreme groups of total PAS and PAS Factor 1 differed in CPS ratings and in violent behavior as assessed by the Antisocial Behavior Checklist (ABC). They also differed in the personality dimension Harm Avoidance as measured by use of the Temperament and Character Inventory (TCI), and in delinquent and aggressive behavior as assessed by the Youth Self Report (YSR). The extreme groups of PAS Factor 2, in turn, differed in aggressive behavior as assessed by the YSR, and in the TCI scale Self-Directedness. When PAS was used as a continuous variable, total PAS and PAS Factor 1 (Callous/Dominance) were significantly positively related to registered violent crime. The possible usefulness of PAS in identifying high-risk individuals for bullying tendencies among incarcerated delinquents is discussed.     

Reluctant Participants in Restorative Justice? Youthful Offenders and Their Parents

This paper examines offender and parental involvement in the Vermont Juvenile Restorative Panels Program. In this program, juvenile offenders on probation appear before citizen‐run boards to negotiate the terms of their probation, which may include apologies, community service, restitution, and competency development tasks. Victims and parents of the offender also participate. This study reports findings from a qualitative analysis of 22 cases, including observations of panel meetings and interviews with program coordinators, offenders, parents, and victims. We find that offenders vary in level of participation as well as in their willingness to take responsibility. Parents do not understand the program well, worry about their child’s likelihood of compliance, but generally support the goals of the program. The implications of these findings for restorative practices with juveniles are explored in the concluding section.     

Juvenile sex offenders in a Dutch mandatory educational programme: Subtypes and characteristics

Abstract

Significant differences between subgroups of juvenile sex offenders (JSOs) are found in both Dutch and international research. Most of this literature represents the more delinquent and more disturbed sections of the population of JSOs. This paper describes the characteristics of 302 less disturbed and less violent JSOs in a mandatory educational programme. Characteristics of exhibitionists (n=26), child molesters (n=39) and peer offenders (n=237) are compared. Peer offenders are subdivided into solo offenders (n=90) and group offenders (n=142). Variables are: demographics, family background, psychosocial functioning, offence characteristics and victim characteristics. Significant differences are found in a large number of variables, supporting findings from earlier research in clinical samples. Differences between subgroups are largest between group-offending peer offenders, on one hand, and exhibitionists and child molesters on the other hand. The majority of our sample seems to have an ordinary background and shows no apparent sign of psychosocial dysfunction. The clinical and theoretical relevance of the results is discussed.     

A Special Youth Sanction

Under the label ‘youth sanction’ (ungdomssanktion) a new type of sentence for juvenile offenders has been enacted by a 2001 amendment to the Danish Penal Code. The study reported here is an analysis of the 55 sentences imposed over the first year. Widespread disparity and disproportionality in sentencing was found. Statutory requirements regarding the seriousness of the individual case have not in all instances been satisfactorily established. The emergence of the new sanction implies a considerable increase in the intensity of intervention. Being based on a revitalized treatment ideology, the new criminal sanction legitimizes a vast widening of the control measures directed against troubled youth, in particular such offenders who has another ethnic background than Danish. No comprehensive programme or coherent vision regarding treatment methods has been stipulated, and professionals are bewildered and in disagreement regarding such issues. Nothing indicates that the costly efforts will prove to be adequate as rehabilitative and crime preventive tools. The introduction of the youth sanction is part of a contemporary criminal policy agenda dominated by a broad political coalition with an urge to demonstrate ability and readiness to cope with juvenile street crime by employing more ‘consequent’ measures, involving tougher and swifter punishment combined with coerced rehabilitation.     

Social Control and Emancipation ? Ambiguities in Child Welfare

Child welfare may be regarded either as a tool used by the authorities to exercise social control over family life, or as a weapon supporting the cause of children, striving to emancipate them from both parental and societal neglect or oppression. Research into Norwegian child welfare in the period since the Second World War reveals an ambiguous picture: the intervention of the state into family life signals both tightening social control of all family members and emancipation of the less powerful from patriarchal rule. As the rights and needs of children are considered more important, the control of parents, especially the mother, is increased. The central position of children and their interests have been strengthened in child welfare legislation. However, it is not the child, but the child welfare officials who define what is 'in the best interest of the child'. Post-war development has not granted children autonomy. Child welfare legislation is still mainly paternalistic. In child welfare casework, there is a danger that the lived experience of the child never emerges from the shadows cast by the interaction between adults. In relation to older children who came in contact with child welfare primarily because of their own problem behaviour, the ambiguity of emancipation and control has taken a somewhat different shape. The authorities wanted to keep these children out of prison. Humanitarian considerations, however, have been coupled with hopes of more effective crime prevention. In the postwar years, misbehaving children were also embraced by the increasing importance of 'the best interest of the child' as the main objective in child welfare decisions. In order to secure both emancipation and control, 'the best interest of the child' and the state's interest in preventing crime had to be understood as one and the same.