Gender responsive approach for girls in the juvenile justice system

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Gender responsive approach for girls in the juvenile justice system represents an emerging trend in communities and courts throughout the United States, Australia and Latin America, as an increasing number of girls are entering the juvenile justice system. A gender responsive approach within the juvenile justice system emphasizes considering the unique circumstances and needs of females when designing juvenile justice system structures, policies, and procedures. [1]

Contents

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High court of Australia

Circumstances to be considered

A new approach to juvenile justice or juvenile delinquency for females is to factor in the idea that they have different experiences than males. Girls who have negative childhood experiences, such as neglect, physical or sexual abuse, are at a greater risk to become delinquent (Violence in the Juvenile Justice system). Girls have higher rates of mental health issues such as anger, depression, suicidal thinking, victimization, violence, and abuse than boys. [2] They also have a different reaction in society to behaviors that they may be participating in. Juvenile female offenders are often "low risk" and "high needs". [3] These factors exclusive to girls make gender specific responses appropriate and needed.[ citation needed ]

Gender trends in system entry

Girls are now the fastest growing segment of Juvenile Justice population. [4] In the United States from 1991 to 2000, the number of arrests of juvenile girls increased at a faster rate than the arrest rate for boys as a general trend. In areas where arrests numbers for boys and girls decreased, the rate for girls decreased less rapidly, indicating differential trends by gender. [5] From 1985 to 2009, the overall number of delinquent crimes committed by juvenile girls increased by 86% while it increased by only 17% of juvenile boys in the U.S. [6] A 2015 report by the Georgetown Law Center on Poverty and Inequality and the Human Rights Project for Girls provided statistics on the number of girls entering the juvenile justice system in the United States by race. Girls of color were disproportionately represented in the juvenile justice system. 123 per 100,000 African-American girls were in residential placement compared with 47 per 100,000 Latinas, 179 per 100,000 Native American girls, and 37 per 100,000 non-Hispanic white girls. [7] There is not evidence that these trends are the result of increases in crime rate by girls in the United States, and researchers have attributed the increasing arrest rate for girls to changes in sentencing practices. [8] Potential reasons for the increase in arrest rate of juvenile girls suggested by the Girls Study Group of the U.S. Department of Justice's Office of Juvenile Justice include changes in enforcement for non-serious, status offenses, which are the charges most commonly brought against girls. [5] These types of offences, which are described as status or minor offenses, include but are not limited to running away from home, shoplifting, family abuse, truancy, drug offenses and prostitution. Many of these behaviors are deemed to be survival behaviors meaning that they are behaviors used to survive abuse or neglectful situations. [9]

Human trafficking is one of the causes of prostitution charges and is handled in gender specific courts as a victimization crime. In Texas the Supreme Court ruled that girls younger than 14 years old involved in prostitution should be considered victims and provided services without criminalization. [10]

"The Sexual Abuse to Prison Pipeline"

Georgetown Law Center on Poverty and Inequality published a report in 2015 synthesizing research on juvenile justice system involvement of girls in the U.S. and articulated a cycle of systems-involvement, described as the "Sexual Abuse to Prison Pipeline". Prior to becoming involved in the juvenile justice system, there is evidence that girls experience higher rates of trauma and sexual abuse than system-involved boys. [7] For example, in a study of 64,329 juvenile offenders in Florida, Baglivio et al. found that these offenders had experienced high numbers of "adverse childhood experiences". [11] These experiences differed by gender. 31% of the girls in the study had experienced childhood sexual abuse, while only 7% of boys had. 45% of the girls and 24% of boys had experienced five or more Adverse Childhood experiences. [7] Additionally, research has indicated that girls who experience trauma are more likely than boys to develop mental health conditions. [7] Research has not established a causal link between trauma exposure and delinquent behavior, but has established a correlation. For example, research by Smith et al. on adolescent girls in Oregon's juvenile justice system found that sexual abuse, but not physical abuse or lifetime trauma, were significantly associated with substance use. [12] The differential rate of and response to trauma exposure by gender has therefore been identified as an explanation for the disproportionate entry of girls into the juvenile justice system. In this theory, behaviors that are coping mechanisms for trauma experienced by girls, such as alcohol and drug use, and status offenses such as running away from home or shoplifting, are criminalized, leading to their system involvement. [7]

Girls in the United States enter a Juvenile Justice System that was initially formed in a manner intended to cater to predominately male offenders. Assessment tools used by most institutions were designed for this use. Additionally, research has estimated that between 67 and 90% of youth in juvenile detention facilities have at least one mental health diagnosis, and that PTSD rates among youth in these facilities may be as much as 10–15 times higher than in the general population. However, as of 2007, less than 2% of juvenile justice residential facilities in the U.S. were accredited by the National Commission on Correctional Health Care for facility medical and mental health care. [13] Research indicates a lack of programming for girls has been an ongoing issue for several decades. A review of delinquency prevention programs across the country found 433 identified programs out of the number 2% were designed for girls. [14] The mismatch between the system's design and the unique needs and experiences of girls has been identified as particularly problematic given the prevalence of sexual abuse and trauma history among systems-involved girls. National surveys conducted by the Office of Juvenile Justice and Delinquency Prevention have found insufficient health and trauma-related services for girls in residential detention centers. For example, only 18% of juvenile justice facilities provided pregnancy testing upon entry to the facility. For girls who have experienced trauma, status quo procedures within detention facilities, such as shackling, isolation, strip searches, and lack of access to comprehensive health and hygiene statuses can re-trigger trauma experiences and responses. [7]

Beyond establishing differing rates of childhood sexual abuse and trauma exposure among juvenile justice-involved youth by gender, research has indicated that the link between childhood sexual abuse and recidivism varies by gender. Research by Conrad et al. on males and females in the Northeast United States from 2006 to 2008 found that gender alone did not predict recidivism rates for juvenile-justice involved youth. However, for girls only, childhood sexual abuse exposure was the only significant predictor of recidivism, with sexually abused girls being five times as likely to re-offend when compared to girls who had not been sexually abused. [15] This along with other research has led many academics, systems administrators, and policymakers to focus on the importance of childhood sexual abuse, specifically on the role this abuse plays in increasing the likelihood that girls will be involved in the juvenile justice system, will be re-traumatized by experiences within the system, and will be more likely to recidivate and continue a cycle of criminal justice involvement. [7]

Research has shown that juvenile-justice involved youth who have been sexually abused are at increased risk for being victims of human trafficking. In a study by Reid et al. (2017) examining the prevalence of adverse childhood experiences among boys and girls in the juvenile justice system in Florida who were reported as victims of human trafficking between 2009 and 2015, sexual abuse history was determined to be the strongest factor predicting likelihood of human trafficking victimization. [16] While sex trafficking by minors under age 18 has been decriminalized in many states, with young participants being treated as victims, participation in sex trafficking increases the likelihood of an individual being involved in the juvenile or adult criminal justice system. [7]

History of gender responsiveness

United States

The 1992 reauthorization of the Juvenile Justice and Delinquency Prevention Act included an amendment that instructed state juvenile justice systems to assess their gender responsiveness and provide gender-appropriate services in order to qualify for federal formula dollars. [8] This was the first time that the JJDP act explicitly focused on the needs of juvenile females and ultimately led to increased attention on a state-level to gender bias assessments and gender responsive policy development and implementation. [17]

Gender responsive treatment components

Gender responsive treatment approaches can be utilized across the continuum of care for juvenile-justice system involved girls. Responses designed to cater to females include collaboration by courts, lawyers, probation, human services, community programming, and federal and local governments. The goal of collaboration is to address the needs of girls and consider the big picture of what the problems are. Female staff are used in an effort to address relationships and provide positive female role models for girls. Services that may be provided or encouraged range from keeping the girl in her home and providing family support and counseling, conflict resolution, education and life skills, pregnancy prevention, parenting, domestic violence and empowerment.

Research conducted by Walker et al. on gender responsive practices in the juvenile justice system identified several core areas in which gender responsive practices are being implemented in several jurisdictions in the United States. These include screening and assessment practices, family engagement, emphasizing a relational approach, safety, skills and strengths-based approach, and reentry and community connections. Walker et al. surveyed state and county-level juvenile justice providers in 10 states and conducted in-person assessments to identify how these gender responsive approaches in these areas are implemented. Respondents indicated that in screening and assessment upon intake to the juvenile justice system, placing an emphasis on assessments that are individualized, screening for trauma, connecting assessments to treatment and aftercare planning, and utilizing validated risk assessment tools were crucial to a gender-responsive approach. After the intake and assessment process, respondents highlighted the importance of engaging families in the provision of juvenile justice services. This included efforts to remove barriers to families, such as through the placement of a girl in the facility located closest to her family, which allows for connection between child and family throughout the detention process. In treatment approaches, some respondents reported utilizing skills-based and strengths-based approaches, and treatments that were trauma-informed, including dialectical behavior therapy. Some reported developing policies that emphasized a relational approach, focusing on helping girls in the juvenile justice system build and maintain healthy, supportive relationships, and that these jurisdictions viewed this approach as being especially crucial to supporting girls. Another area highlighted by many respondents within the area of treatment was the importance of safety to a gender responsive approach. This could include crisis-intervention training, limiting physical contact between staff and girls, and utilizing female staff in female facilities. Finally, providers reported emphasizing planning for girls re-entry into the community throughout the time girls are in residential facilities. This could be through approaches in which girls work with the same social worker during and after staying in a residential facility, or working with girls to identify and access supportive resources and individuals within their communities. Staff reported the importance of considering prevalence of sexual abuse when developing policies and practices for girls, on emphasizing diversity among girls and resisting stereotyping, and on planning for successful re-entry. [8]

Effectiveness

As some jurisdictions have begun implementing gender-responsive approaches in their juvenile justice system, it has been difficult to conduct the caliber of quantitative research necessary to establish an evidence base on the effectiveness of these approaches. This is due to the small number of girls within a given juvenile justice system who would be exposed to new programs or policies and the challenges this poses for statistically rigorous study designs. [8] In one qualitative analysis by Hodge et al., county juvenile court staff were interviewed to determine if gender-responsive programming was meeting its intended goal. In these interviews staff reported substantial efforts to implement these approaches, as well as significant need to improve staff training and address gendered norms and stereotypes. [18] Analysis of preliminary results of the evaluation the Project Kealahou program in Hawaii indicated that girls in the program demonstrated improvements across multiple outcomes. Researchers Suarez et al. suggested that these improvements may be due to the program's focus on intensive, peer-delivered supports within the community, and highlighted the relatively low cost of providing these services. [19]

As of 2017, an evaluation conducted by MDRC is underway of the PACE Center for Girls program in Florida, with anticipated release of a final report for 2018.[ citation needed ] The PACE Center for Girls program is a gender-responsive program serving girls ages 11–17.[ citation needed ] The MDRC study will utilize a random assignment evaluation design to analyze the effectiveness of the program in mitigating negative outcomes and promoting positive outcomes for girls in the program, with stated goal of adding to the establishment of a statistically rigorous evidence-base on the effectiveness of gender-responsive programs. [20]

Examples in programs

Many communities are using programs that recognize girls' gender as a component in their juvenile justice programs. These programs aim to address the unique needs of girls by providing a variety of services. Many have gendered risk assessments that occur immediately upon entry into the justice system.[ citation needed ]

United States

Girl's court (Growing Independence Restoring Lives) offers a variety of programs in the United States. The courts identify that girls have traumatic life events and seeks to address underlying problems that may cause crimes. Some communities chose to view the girl as a child in need of assistance. Services vary from immediate attention and clinical intervention, addressing gender specific issues, to acknowledging unique needs and differences. Many of the courts seek to have a supportive adult from the girl's life to participate.[ citation needed ]

In February, 2017, the Vera Institute of Justice started a multi-agency task force, "Task Force on Ending Girls' Incarceration in New York City" in partnership with New York City. The task force will focus on identifying and developing a plan to interrupt the unique pathways that bring teenage girls into the city's criminal justice system. [21]

One community has begun using the restorative justice process to handle issues related to girls. They decided that they were ill-equipped to handle the complex and interrelated problems of abuse, prostitution and drug use and the effects on girls. The program serves as an instructive example of a recent innovation, demonstrating that when the vision of restorative gender-responsive programming is most fully actualized, it provides tremendous benefits to girls involved in the justice system. [22]

International

Reparations for girl child soldiers are handled with gender specific treatment in a variety of war torn countries. Columbia, South Africa, Peru and the United Nations identify the need to respond to the needs of girls. "They must aim to address the political and structural inequalities that negatively shape the lives of girls". The courts have acknowledged that girl soldiers face different circumstances than boy soldiers because girls are recruited for sexual purposes and may be forced to marry and have children with their captors. They are frequently exposed to sexual violence and may be forced into domestic positions. Providing gender specific care to girls has enabled the courts to use its power as a tool for transformation, allowing girls to become empowered in the process. [23]

Australian juvenile court recognizes the need to treat young women offenders with gender specific services. These specific services are away from male offenders. The services offered vary by location from health and wellbeing, relationships, education and training and other programs like cooking and following the law. [24]

See also

Related Research Articles

<span class="mw-page-title-main">Juvenile delinquency</span> Illegal behavior by minors

Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. These acts would otherwise be considered crimes if the individuals committing them were older. The term delinquent usually refers to juvenile delinquency, and is also generalised to refer to a young person who behaves an unacceptable way.

<span class="mw-page-title-main">Commercial sexual exploitation of children</span> Commercial transaction that involves the sexual exploitation of a child

Commercial Sexual Exploitation of Children (CSEC) defines the “umbrella” of crimes and activities that involve inflicting sexual abuse on to a child as a financial or personal opportunity. Commercial Sexual Exploitation consists of forcing a child into prostitution, sex trafficking, early marriage, child sex tourism and any other venture of exploiting children into sexual activities. According to the Office of Juvenile Justice and Delinquency Prevention, the lack of reporting the crime and “the difficulties associated with identifying and measuring victims and perpetrators” has made it almost impossible to create a national estimate of the prevalence of Commercial Sexual Exploitation of Children in the United States. There is an estimated one million children that are exploited for commercial sex globally; of the one million children that are exploited, the majority are girls.

Sex differences in crime are differences between men and women as the perpetrators or victims of crime. Such studies may belong to fields such as criminology, sociobiology, or feminist studies. Despite the difficulty of interpreting them, crime statistics may provide a way to investigate such a relationship from a gender differences perspective. An observable difference in crime rates between men and women might be due to social and cultural factors, crimes going unreported, or to biological factors for example, testosterone or sociobiological theories). The nature or motive of the crime itself may also require consideration as a factor.

<span class="mw-page-title-main">Youth detention center</span> Type of prison for people under the age of majority

In criminal justice systems, a youth detention center, known as a juvenile detention center (JDC), juvenile detention, juvenile jail, juvenile hall, or more colloquially as juvie/juvy or the Juvey Joint, also sometimes referred to as observation home or remand home is a prison for people under the age of majority, to which they have been sentenced and committed for a period of time, or detained on a short-term basis while awaiting trial or placement in a long-term care program. Juveniles go through a separate court system, the juvenile court, which sentences or commits juveniles to a certain program or facility.

<span class="mw-page-title-main">Positive youth development</span>

Positive youth development (PYD) programs are designed to optimize youth developmental progress. This is sought through a positivistic approach that emphasizes the inherent potential, strengths, and capabilities youth hold. PYD differs from other approaches within youth development work in that it rejects an emphasis on trying to correct what is considered wrong with children's behavior or development, renouncing a problem-oriented lens. Instead, it seeks to cultivate various personal assets and external contexts known to be important to human development.

<span class="mw-page-title-main">American juvenile justice system</span> Aspect of American justice system

The American juvenile justice system is the primary system used to handle minors who are convicted of criminal offenses. The system is composed of a federal and many separate state, territorial, and local jurisdictions, with states and the federal government sharing sovereign police power under the common authority of the United States Constitution. The juvenile justice system intervenes in delinquent behavior through police, court, and correctional involvement, with the goal of rehabilitation. Youth and their guardians can face a variety of consequences including probation, community service, youth court, youth incarceration and alternative schooling. The juvenile justice system, similar to the adult system, operates from a belief that intervening early in delinquent behavior will deter adolescents from engaging in criminal behavior as adults.

Teen dating violence is the physical, sexual, or psychological / emotional abuse within a dating relationship among adolescents. Intimate partner violence (IPV) has been a well examined and documented phenomenon in adults; however, there has not been nearly as much study on violence in adolescent dating relationships, and it is therefore not as well understood. The research has mainly focused on Caucasian youth, and, as of 2013, there are no studies which focus specifically on IPV in adolescent same-sex relationships.

Juvenile delinquency in the United States refers to crimes committed by children or young people, particularly those under the age of eighteen.

Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child, indecent exposure, child grooming, and child sexual exploitation, such as using a child to produce child pornography.

<span class="mw-page-title-main">Youth incarceration in the United States</span>

The United States incarcerates more of its youth than any other country in the world,, through the juvenile courts and the adult criminal justice system, which reflects the larger trends in incarceration practices in the United States. In 2010, approximately 70,800 juveniles were incarcerated in youth detention facilities alone. As of 2006, approximately 500,000 youth were brought to detention centers in a given year. This data does not reflect juveniles tried as adults. As of 2013, around 40% were incarcerated in privatized, for-profit facilities.

The Massachusetts Department of Youth Services (DYS) is a state agency of Massachusetts. Its administrative office is headquartered in 600 Washington Street, Boston. The agency operates the state's juvenile justice services and facilities for incarcerated of children.

<span class="mw-page-title-main">Incarceration of women</span> Imprisonment of women

As of 2013, across the world, 625,000 women and children were being incarcerated in correctional facilities, and the female prison population was increasing in all continents. The list of countries by incarceration rate includes a main table with a column for the historical and current percentage of prisoners who are female.

<span class="mw-page-title-main">Management of domestic violence</span>

The management of domestic violence deals with the treatment of victims of domestic violence and preventing repetitions of such violence. The response to domestic violence in Western countries is typically a combined effort between law enforcement, social services, and health care. The role of each has evolved as domestic violence has been brought more into public view.

A girl's court is a gender responsive approach for girls in the juvenile justice system that links young "at-risk" females to social service agencies, providing informal sessions on everything from body image, education and counseling with a team of adults to provide trust and support.

Gender-responsive prisons are prisons constructed to provide gender-specific care to incarcerated women. Contemporary sex-based prison programs were presented as a solution to the rapidly increasing number of women in the prison industrial complex and the overcrowding of California's prisons. These programs vary in intent and implementation and are based on the idea that female offenders differ from their male counterparts in their personal histories and pathways to crime. Multi-dimensional programs oriented toward female behaviors are considered by many to be effective in curbing recidivism.

Women in American prisons encounter numerous difficulties that often involve mental health problems, drug and alcohol issues, and trauma. These challenges not only make navigating the criminal justice system more difficult for women but also highlights broader societal issues such as, gender-based violence, economic inequalities, and lack of mental health support. People in prison are more likely than the general United States population to have received a mental disorder diagnosis, and women in prison have higher rates of mental illness and mental health treatment than do men in prison. Furthermore, women in prisons are three times more likely than the general population to report poor physical and mental health. Women are the fastest growing demographic of the United States prison population. As of 2019, there are about 222,500 women incarcerated in state and federal prisons in the United States. Women comprise roughly 8% of all inmates in the United States. This surge is largely attributed to the rising use of imprisonment for drug-related offenses rather than violent crimes. A considerable portion of incarcerated women are serving time for drug-related offenses, with the proportion increasing significantly between 1986 and 1991. Even among those in maximum security facilities, a majority are not imprisoned for violent felonies. The data also reveal that in states like New York, a substantial proportion of incarcerated women are serving time for drug-related offenses, with a smaller percentage incarcerated for violent crimes or property offenses.

The feminist pathways perspective is a feminist perspective of criminology which suggests victimization throughout the life course is a key risk factor for women's entry into offending.

Gender-specific prison programming in the United States are programs created to prepare incarcerated women for successful reentry, and minimize recidivism. Prison programming and how it is structured has changed significantly over the decades to fit the needs of women in gender-specific programming. Focus on gender-specific programming increased during the 1970s and 1980s, an era marked by a substantial increase in the female prison population. Traditional programming in female correctional facilities have been deemed ineffective since most were structured to fit men's needs. For example, women's pathways to prison typically involve drugs, while men are typically involved in violent crimes. Additionally, women are more likely to have experiences of sexual and/or physical abuse relative to men.

There are about 220,000 women currently incarcerated in America. Over 30% of these women are convicted prostitutes. Much of the research on the sex industry in prisons focuses on the experiences of women because the number of jailed female sex workers greatly outnumbers men. Prominent issues that the criminal justice system and women who are incarcerated on prostitution charges currently face include the sexually transmitted infections and diseases epidemic, the sex-work-prison cycle, and the prison-to-sex-trafficking pipeline. Intervention and diversion programs, both within prisons and in traditional and specialty courts aim to address these issues, decrease recidivism, and provide these women with resources to assist them in exiting the sex trade. There are a variety of community-based organizations which seek to help resolve these concerns.

<span class="mw-page-title-main">Juvenile sex offenders in the United States</span>

A juvenile sex crime is defined as a legally proscribed sexual crime committed without consent by a minor under the age of 18. The act involves coercion, manipulation, a power imbalance between the perpetrator and victim, and threats of violence. The sexual offenses that fall under juvenile sex crimes range from non-contact to penetration. The severity of the sexual assault in the crime committed is often the amount of trauma and/or injuries the victim has suffered. Typically within these crimes, female children are the majority demographic of those targeted and the majority of offenders are male. Juvenile sex offenders are different than adult sex offenders in a few ways, as captured by National Incident Based Reporting System: they are more likely to be committed in school, offend in groups and against acquaintances, target young children as victims, and to have a male victim, whereas they are less likely than their adult counterpart to commit rape.

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