BREAKING THE CYCLE: EXPLORING THE INTERSECTIONS OF MENTAL HEALTH, JUVENILE DELINQUENCY, AND RECIDIVISM
By Mir Rabia Syed, School of Law, University of Kashmir, Hazratbal, Srinagar, Jammu and Kashmir, India.
&
Dr. Rehana Amin , Department of Psychiatry, Govt. Medical College Handwara, Handwara, Jammu and Kashmir, India.
ABSTRACT
The relationship between mental health and delinquency has recently become a major focus in juvenile justice jurisprudence. Juvenile delinquents have far higher rates of mental illness than the overall population, so it is especially vital to pay attention to their mental health. In addition to legal sanctions, mental health evaluation and interventions will help to improve the psychosocial well-being of delinquent juveniles and serve as recidivism prevention measure. Our ability to provide vital support for juveniles is severely limited by the absence of research about the nature of mental health issues among juveniles in the juvenile justice system and the types of successful interventions in such settings. The mental health problems of attention deficit hyperactivity, substance abuse disorders, mental retardation, learning disability or emotional/behavioral disorder are predictive of delinquent outcomes. To prevent juvenile delinquency and recidivism, the motives and psychological characteristics of juvenile delinquents must be understood. This article reports the prevalence and characteristics of common mental health disorders in this population and describes the most promising mental health treatment options for juvenile delinquents. Further, risk factors that predispose juveniles to delinquent behavior and mental health problems are reviewed. Here we also address the critical issue of meeting the mental health needs of juvenile delinquents within the conflict-affected region of Kashmir. Improved mental health will increase the well-being of individuals and their likelihood of future social integration, hence a set of recommendations for the justice system and community policies are offered in this article.
Keywords- Mental Health, Recidivism, Juvenile Justice, Delinquency etc.
I. INTRODUCTION
In the intricate tapestry of juvenile justice, the convergence of mental health challenges, delinquency, and recidivism presents a formidable challenge for juvenile justice system and policymakers alike.[1][2] This amalgamation not only underscores the complexity of the juvenile justice system but also emphasizes the critical role of informed decision-making in shaping the trajectories of at-risk youth.
Juvenile delinquency, a manifestation of various social, psychological, and environmental factors, often intersects with mental health disorders, amplifying the vulnerability of young offenders within the legal framework.[3] Within this demographic, a significant proportion of juvenile’s grapple with mental health disorders[4], further complicating their experiences within the justice system. Whether it be depression, anxiety, trauma-related disorders, or other psychiatric conditions, untreated mental health issues can not only exacerbate delinquent behavior and increase the likelihood of recidivism but also pose significant barriers to effective rehabilitation[5]. Consequently, neglecting the mental health needs of juvenile delinquents perpetuates a cycle of recidivism, impeding their prospects for successful reintegration into society. Estimates reveal that approximately 50 to 75 percent of the 2 million youth encountering the juvenile justice system meet the criteria for a mental health disorder[6],[7]. Approximately 40 to 80 percent of incarcerated juveniles have at least one diagnosable mental health disorder. Two-thirds of males and three-quarters of females in previous studies of juvenile offender detention facilities were found to meet the criteria for at least one mental health disorder[8]. An additional one-tenth also met the criteria for a substance use disorder [9], [10]. The psychologists and sociologists proceeded to draw the attention of the civilized world towards the causes of juvenile delinquency, efforts were made for their reformation and rehabilitation throughout the world to correct the juvenile delinquents[11].
Recidivism, the tendency for individuals to relapse into a delinquent behavior after prior involvement with the justice system, represents a critical challenge in efforts to rehabilitate juvenile delinquents[12]. Despite various intervention programs and rehabilitation efforts, a substantial number of juveniles continue to cycle in and out of the justice system, perpetuating a cycle of recidivism that hampers their prospects for successful reintegration into society. Recidivism is higher in the inmates with serious mental illness[13]. Research indicates that former inmates with mental illness recidivate at a rate similar to undifferentiated offenders, though inmates with substance use disorders recidivate at a higher rate than undifferentiated offenders [14]. Inmates with both mental illness and substance use disorder recidivate at an even higher rate [15]. Most departments of the penal system place a great priority on measuring and reducing recidivism[16]. Approximately 40 to 80 percent of incarcerated juveniles have at least one diagnosable mental health disorder[17],[18]. Greenwood (2008) posits that it would be more economically practical if the focus was placed on preventing juveniles from becoming adult criminals.[19]
In the realm of legal decision-making, understanding the nuanced interplay between mental health, juvenile delinquency, and recidivism is paramount. It is not merely a matter of adjudication but rather a call to action for informed, compassionate, and evidence-driven approaches to juvenile justice. By recognizing the intricate web of factors influencing delinquent behavior, legal practitioners and health care providers can adopt a proactive stance in addressing the underlying mental health needs of young delinquents, thereby fostering positive outcomes and breaking the cycle of recidivism.
This paper endeavors to delve into the depths of this complex relationship, offering insights gleaned from empirical research, theoretical frameworks, and practical experiences in the field. Through a critical examination of existing literature and an exploration of emerging trends, it seeks to equip legal professionals and health care providers with the knowledge and tools necessary to navigate the intersection of mental health, juvenile justice, and recidivism.
By elucidating the underlying dynamics and identifying opportunities for intervention and reform, this study aims to empower decision-makers to effect meaningful change in the lives of vulnerable youth and promote a more equitable and rehabilitative juvenile justice system. In this review, we also delve into the urgent matter of addressing the mental health needs of juvenile delinquents amidst the turmoil of conflict-ridden Kashmir.
Our thorough analysis explores the distinct hurdles and limitations that juvenile offenders encounter in seeking mental health support. By uncovering these challenges, we strive to propose impactful strategies and interventions customized to the complex dynamics of communities grappling with conflict. Through this comprehensive analysis, we endeavor to contribute to the ongoing dialogue surrounding juvenile justice reform and the promotion of mental health within this population.
II. DEFINING JUVENILE AND MENTAL HEALTH
A Juvenile can be defined as a child who has not attained a certain age, at which, like an adult, under the law of the land, he can be held liable for his delinquent behavior. The term juvenile emerged from the Latin word “juvenis”, which means “Young”, hence a juvenile justice system is one that is specially established for the young/juveniles. According to Article 1 of UNCRC (United Nation’s Convention on the Rights of the Child), “a juvenile means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier” [20].
Mental health stands as a cornerstone of overall well-being, encompassing an individual's psychological, emotional, and social functioning. It enables individuals to navigate life's challenges effectively, realize their potential, foster meaningful relationships, and contribute positively to society. Recognized as a fundamental human right, mental health is indispensable for personal growth, community cohesion, and socio-economic advancement[21]. Numerous comprehensive studies have indicated that there are certain types of mental disorders common among youth offenders and that some of the symptoms increase youths' risk of engaging in aggressive behaviors.
Additionally, the risk of aggression is increased for many specific disorders and comorbid disorders because the emotional symptoms (i.e., anger) and self-regulatory symptoms (impulsivity) tend to increase the risk. Commonly found mental health disorders in youth offenders include, affective disorders (major depression, persistent depression, and manic episodes), psychotic disorders, anxiety disorders (panic, separation anxiety, generalized anxiety, obsessive-compulsive disorder, and post-traumatic stress disorder), disruptive behavior disorders (conduct, oppositional defiant disorder, and attention-deficit hyperactivity disorder), and substance use disorders.[22]
Within both healthcare provisions and the juvenile justice system, mental health holds significant implications for service providers and stakeholders involved in the rehabilitation and reintegration of juvenile delinquents[23]. Understanding mental health as more than just the absence of mental illness is paramount. It involves fostering resilience, promoting positive coping mechanisms, and facilitating adaptive behaviors among individuals, particularly those within vulnerable populations such as juvenile delinquents.
According to the U.S. Department of Health and Human Services, mental health encompasses not only emotional and psychological well-being but also social functioning, influencing how individuals perceive, think, and behave in various contexts. Mental disorders, on the other hand, refer to disruptions in these domains, resulting in distress and impairments in functioning. Stein and colleagues further elucidate mental disorders as clinically significant patterns of behavior or psychological syndromes that cause distress in individuals[24]. The World Health Organization (WHO) defines mental health as a state of well-being characterized by an individual's ability to recognize their own capabilities, effectively manage life's stresses, engage in productive activities, and contribute meaningfully to their community[25]. While this definition marks progress by emphasizing positive aspects of mental health beyond mere absence of illness, it also raises concerns about potential misinterpretations. By highlighting the importance of positive feelings and functioning, there is a risk of overlooking the complexities of mental health, including the interplay between resilience, coping strategies, and environmental factors[26].
For healthcare providers, understanding the multifaceted nature of mental health is crucial for delivering holistic and culturally sensitive care to juvenile delinquents. This entails not only addressing mental health symptoms but also fostering resilience, enhancing coping skills, and promoting social support networks to facilitate long-term recovery and rehabilitation. Similarly, within the juvenile justice system, recognizing the significance of mental health in shaping delinquent behavior is essential for developing effective intervention and diversion programs. By integrating mental health screening, assessment, and treatment services into juvenile justice protocols, stakeholders can identify underlying mental health issues, address contributing factors, and mitigate the risk of recidivism among juvenile delinquents.
In conclusion, mental health is a foundational component of well-being that influences various aspects of individuals' lives, including their ability to function effectively, form relationships, and contribute to society. For healthcare providers and stakeholders within the juvenile justice system, understanding the complexities of mental health is essential for promoting positive outcomes and facilitating the rehabilitation and reintegration of juvenile delinquents into their communities.
III. BARRIERS TO MENTAL HEALTH SERVICES IN JUVENILE JUSTICE SETTINGS
In the legal sphere, it is evident that children and adolescents grappling with mental health disorders often face formidable obstacles in accessing essential services and support. This challenge extends beyond the general populace to those embroiled in the juvenile justice system. Analyses conducted by Masi and Cooper underscore a significant disparity in support for juveniles with mental health concerns within the justice system compared to their counterparts in the broader population[27]. Despite the prevalence of detainees with mental health disorders in juvenile justice, access to crucial services remains severely constrained.
Several factors contribute to this underutilization of services, especially within the legal framework. Chiefly, there is a notable failure to recognize mental health issues among youths entangled in legal processes. This oversight may arise from various factors, including inadequate training among legal professionals in identifying mental health symptoms, as elucidated by Grisso (2008)[28]. Moreover, discerning between symptoms of disordered behavior and age-appropriate conduct poses a challenge, resulting in overlooked mental health concerns among youths involved in legal proceedings.
Moreover, there exists a considerable reluctance among youths and their caretakers to seek assistance within the legal context. This reluctance stems from diverse factors, including concerns about legal repercussions or the stigma attached to mental health treatment[29]. Additionally, the adversarial nature of legal proceedings may deter candid discussions about mental health concerns, thereby impeding access to necessary support and services for youths in the justice system.
Furthermore, the scarcity of available mental health service providers compounds the issue within the legal realm. Inadequate funding for mental health services and disparities in service provision exacerbate the challenges faced by youths in accessing essential care, particularly within juvenile justice facilities[30].
Given these challenges, it is imperative for legal practitioners and policymakers to prioritize addressing the mental health needs of youths within the justice system. This entails enhancing training for legal professionals to recognize and effectively respond to mental health issues, implementing diversion programs that prioritize mental health treatment over incarceration, and augmenting funding for mental health services tailored to the unique needs of youths involved in legal proceedings. By integrating mental health considerations into legal practices and policies, stakeholders can work towards ensuring that youths receive the support and services requisite for their rehabilitation and successful reintegration into society.
Within the legal context, another barrier to accessing mental health services lies in the critical decision of whether to seek assistance. This decision is intricate and influenced by individuals' perceptions and attitudes towards mental health disorders and treatment options. To understand these perceptions and attitudes, Abram et al. (2008) examined the perspectives of detainees in correctional facilities[31]. They found that participants with mental health disorders often believed their issues would resolve naturally over time or that they could handle them independently without professional intervention.
Common barriers to seeking help included uncertainty about where to access assistance, perceptions of the difficulty in obtaining aid, lengthy wait times for services, and concerns about the affordability of treatment. Interestingly, the researchers did not observe significant differences in perceptions of barriers based on gender or race among participants. However, the scarcity of service providers in secure environments exacerbates these challenges.
Security concerns associated with juvenile justice facilities take precedence over other essential supports and services, such as funding for mental health and educational services, including staffing, screenings, and treatments. Consequently, the availability of mental health professionals and resources within these facilities is limited, exacerbating barriers to accessing mental health services for detained youths.
In essence, the decision-making process regarding the utilization of mental health services among detained youths is multifaceted and influenced by various factors. Addressing these barriers requires a comprehensive approach that improves access to services, addresses security concerns, and allocates resources to support mental health and educational initiatives within juvenile justice facilities. By prioritizing these efforts, stakeholders can ensure that detained youths receive the necessary support and services to address their mental health needs effectively within the legal framework[32].
IV. IMPACT OF INCARCERATION ON THE MENTAL HEALTH OF JUVENILES
The impact of incarceration on the mental health of juveniles is a pressing concern that demands our attention. Research underscores the profound and enduring effects that confinement can have on the psychological well-being of young individuals[33].
Studies consistently reveal the detrimental impact of incarceration on the mental health of juveniles. Being incarcerated at a young age can lead to a myriad of mental health challenges, including depression, anxiety, PTSD, and suicidal ideation. The trauma of confinement, coupled with the separation from family and support networks, exposure to violence and abuse within juvenile facilities, and the stigma associated with incarceration, all contribute to the development or exacerbation of mental health issues among juvenile delinquents[34]. The exposure to multiple types of traumas can also impede children’s healthy brain development, harm their ability to self-regulate and heighten the risks of delinquent behavior.[35] Moreover, the repercussions of incarceration on mental health often extend well beyond the period of confinement.
Juveniles who have experienced incarceration frequently encounter difficulties reintegrating into society upon release, further exacerbating their mental health struggles. The stigma of having a criminal record, limited educational and employment opportunities, and challenges in forming positive social relationships all contribute to ongoing psychological distress[36]. Evidence suggests that the mental health impact of incarceration is disproportionately felt by marginalized and minority youth. Socioeconomic disadvantage, racial discrimination, and prior exposure to trauma can amplify the negative effects of confinement on mental well-being among these populations[37].
Addressing the mental health needs of juveniles involved in the justice system necessitates a comprehensive approach. This includes implementing trauma-informed practices within juvenile facilities, providing access to evidence-based mental health treatment and support services, promoting alternatives to incarceration such as community-based interventions and diversion programs, and addressing systemic inequalities that contribute to the overrepresentation of marginalized youth in the justice system.
Recent research underscores the ineffectiveness of incarcerating youth offenders, particularly in adult facilities. Instead of facilitating rehabilitation, incarceration often results in negative behavioral and mental health consequences, perpetuating a cycle of offending and recidivism. Community-based alternatives have been shown to reduce re-offending, even among youth who have committed serious crimes[38].
Furthermore, zero-tolerance school policies exacerbate the school-to-prison pipeline, disproportionately impacting minority youth and contributing to delinquency and mental health problems. By criminalizing minor infractions and isolating at-risk youth from educational opportunities, these policies perpetuate cycles of incarceration and mental health deterioration[39].
The United States incarcerates a staggering number of youths annually, with a high recidivism rate among incarcerated juveniles. The prevalence of mental health problems among incarcerated youth is greater than that in the general population, exacerbated by adverse conditions experienced during incarceration[40].
During confinement, pervasive stressors such as isolation, boredom, bullying, and victimization take a toll on juveniles' mental health. Mental health problems often go unidentified and untreated during periods of incarceration, exacerbating the challenges faced by incarcerated youth[41].
In essence, addressing the mental health impact of incarceration on juveniles requires a holistic approach that prioritizes rehabilitation over punishment, promotes community-based interventions, and addresses systemic inequalities within the juvenile justice system. By recognizing the detrimental effects of incarceration on mental health and implementing evidence-based strategies to mitigate these effects, we can strive towards a more just and humane juvenile justice system that prioritizes the well-being and rehabilitation of all young individuals involved.
VI. INTEGRATING MENTAL HEALTH SERVICES IN JUVENILE JUSTICE
Integrating mental health services within the juvenile justice system is crucial due to the disproportionately high rates of mental health disorders among juvenile offenders. Research consistently demonstrates that a significant majority of juveniles involved in the justice system meet the criteria for at least one psychiatric disorder [42],[43]. These disorders are often exacerbated by traumatic experiences such as abuse, neglect, and exposure to violence, which are prevalent among juvenile offenders and can lead to conditions like PTSD, depression, and substance abuse, as well as higher rates of recidivism[44],[45].
However, despite the evident need for mental health services, juveniles face significant barriers to accessing care within the juvenile justice system. These barriers include inadequate funding, shortages of trained professionals, stigma surrounding mental illness, and systemic issues such as poor coordination between juvenile justice and mental health systems [46],[47]. Addressing these barriers and integrating mental health services effectively is essential to ensuring that juvenile delinquents receive the support and treatment they need to address their mental health needs and reduce the likelihood of recidivism.
VII. ALTERNATIVES TO INCARCERATION
In recent years, a wealth of research has underscored the inefficacy and detrimental effects of the traditional youth prison model, prompting a call for transformative approaches to juvenile justice. Studies consistently highlight how the conventional emphasis on confinement and control exacerbates trauma among incarcerated youths, hindering their positive development trajectories and perpetuating cycles of recidivism. Conversely, community-based programs have emerged as promising alternatives, offering tailored interventions that prioritize rehabilitation and promote holistic growth [48].
The literature on juvenile offending and reoffending reveals the complex interplay of risk factors across various domains of a young individual's life. Effective interventions must address these multifaceted influences, tailoring strategies to target specific elements of the social environment driving delinquent behaviors. Moreover, the research emphasizes the importance of evidence-based practices in juvenile justice system, with community-based programs employing cognitive-behavioral and social learning approaches consistently demonstrating superior outcomes. In contrast, interventions centered on deterrence or discipline, such as boot camps or "scared straight" programs, have been found to lack efficacy and may even exacerbate recidivism rates. For any intervention to be effective, it must address all risk factors or criminogenic needs, and thus be tailored to the specific aspects of an individual's “social ecology” that are key to their offending behaviors[49].
The most promising mental health treatment options for juvenile delinquents include evidence-based interventions tailored to their individual needs. Cognitive-behavioral therapy (CBT) has shown efficacy in addressing behavioral and emotional problems among youth offenders by targeting distorted thinking patterns and teaching adaptive coping skills[50]. Multisystemic Therapy (MST) is another effective approach that focuses on addressing the multiple systems influencing juvenile behavior, including family, school, and community factors[51]. Additionally, trauma-focused interventions, such as Trauma-Focused Cognitive Behavioral Therapy (TF-CBT), are crucial for addressing the underlying trauma experienced by many juvenile offenders, which can contribute to mental health issues and delinquent behavior [52].
Finally, substance abuse treatment programs, such as Multidimensional Family Therapy (MDFT), are essential for addressing co-occurring substance use disorders, which are common among juvenile offenders and can exacerbate delinquent behavior [53]. By incorporating these evidence-based treatments into juvenile justice settings, policymakers and practitioners can provide comprehensive care that addresses the mental health needs of juvenile delinquents and reduces the risk of recidivism.
House arrest and home confinement programs offer additional avenues for intervention, allowing minors to maintain community ties while fulfilling court or probation requirements. By restricting activities and closely monitoring compliance, these programs strike a balance between accountability and rehabilitation, supporting youths' reintegration into society while minimizing the risk of further criminal involvement[54].
Specialized foster care represents yet another evidence-based approach to post-adjudicated treatment, providing tailored support to minors with chronic delinquency issues. Through specialized training and intensive supervision, foster parents equipped to address the unique needs of juvenile delinquents can offer a supportive environment conducive to positive growth and rehabilitation[55].
Moreover, there is growing recognition of the need for early intervention and prevention efforts targeting at-risk youth before they become involved in the juvenile justice system. Research suggests that addressing underlying factors such as poverty, trauma, substance abuse, and educational deficits can significantly reduce the likelihood of juvenile delinquency and subsequent involvement in the justice system. By investing in community-based programs, educational initiatives, and social services that support vulnerable youth, stakeholders can effectively prevent delinquent behaviors and promote positive outcomes.
In conclusion, prioritizing community-based interventions and evidence-based practices is paramount in promoting positive outcomes for young individuals involved in the justice system. By shifting away from the punitive paradigm of youth incarceration towards rehabilitative and holistic approaches, stakeholders can foster rehabilitation, reduce recidivism, and safeguard the well-being of both youths and the broader community.
Meeting the Mental Health Needs of juvenile delinquents in Conflict-Affected Kashmir: A Case Study
In the conflicted landscape of Kashmir, enduring political unrest has left a profound mark on its youth, exacerbating trauma and psychological distress. The region's unique socio-political context, marked by prolonged conflict and unrest, has contributed to heightened levels of mental health issues among its population, including youth[56]. In Kashmir, high rates of depression (41%), anxiety (28%), and PTSD (19%) have been documented [57]. Almost all youth (99.7%) have been exposed to conflict, with 95.5% experiencing psychological trauma, 60% reporting somatic issues, and 91% showing signs of psychiatric problems. Notably, there is a significant prevalence of PTSD (49%) among children, particularly in areas with intense conflict, attributed to frequent encounters and civilian resistance [58]. This prevailing environment of uncertainty, violence, and displacement has had a significant impact on the mental well-being of Kashmiri youth, further complicating the challenges faced by juvenile delinquents.
The lack of adequate mental health services and support further compounds the challenges faced by the delinquents, hindering their rehabilitation and reintegration into society. Moreover, when a child is involved in an offence, the police sometimes detain them instead of transferring them to the Juvenile Justice Board (JJB), potentially subjecting them to torture, sexual abuse, and imprisonment[59]. Additionally, parents of minors have restricted access to visit them, with only limited meetings allowed in case of emergencies. Furthermore, juvenile mobility is confined within the observation of officials within the Observation Home (OH).
To address these pressing issues, policymakers and stakeholders must prioritize the development of robust mental health infrastructure in Kashmir. This entails establishing accessible and quality mental health services that cater specifically to the needs of juvenile delinquents, providing them with the necessary support and interventions to address their mental health issues [60]. Additionally, community-based support systems should be strengthened to provide ongoing care and rehabilitation beyond the confines of formal institutions, ensuring that juvenile delinquents receive holistic support tailored to their individual needs.
Furthermore, collaboration between governmental agencies, NGOs, and local community leaders is essential to create a comprehensive support network for juvenile delinquents in Kashmir. By leveraging existing resources and expertise, such partnerships can facilitate the implementation of evidence-based practices and innovative approaches to mental health care, addressing the unique challenges posed by the region's sociopolitical landscape. Moreover, raising awareness about mental health issues and reducing stigma within Kashmiri society is crucial to foster a supportive environment for juvenile delinquents seeking help and rehabilitation.
In conclusion, addressing the mental health needs of juvenile delinquents in Kashmir requires a holistic approach that acknowledges the impact of the region's socio-political context on mental well-being. By investing in tailored interventions, strengthening mental health infrastructure, and fostering collaboration among stakeholders, we can empower Kashmir's youth to overcome adversity, heal from trauma, and build brighter futures for themselves and their communities.
VIII. CONCLUSION AND SUGGESTIONS
This report offers following recommendations for well-being and successful rehabilitation of juvenile delinquents while reducing recidivism rates and offering comprehensive mental health screening
A. Early Identification
B. Comprehensive Screening
C. Tailored Interventions
D. Family Engagement
E. Education and Training
F. Peer Support
G. Substance Abuse Treatment
H. Community Alternatives
I. Trauma-Informed Care
J. Collaborative Approach
Children represent the cornerstone of our society, and thus, safeguarding their physical and mental well-being must be our utmost priority. It's deeply concerning that approximately 60 percent of juvenile delinquents’ grapple with mental health and substance abuse disorders[61],[62]. This alarming statistic underscores the urgent need for robust mental health resources and responses within the juvenile justice system. Without adequate support, these vulnerable youths risk becoming entrapped in a cycle of offending, with dire consequences for their future prospects and societal welfare.
The prevalence of mental health disorders among juvenile delinquents is staggering. Studies indicate that between 50 to 75 percent of youths encountering the juvenile justice system meet the criteria for a mental health disorder[63]. Furthermore, estimates suggest that 40 to 80 percent of incarcerated juveniles have at least one diagnosable mental health disorder[64]. Shockingly, the majority of youths in juvenile offender detention facilities meet the criteria for at least one mental health disorder, with a significant portion also grappling with substance use disorders.
To address this pressing issue, we must prioritize programs that foster community engagement and rehabilitation. Many incarcerated youths endure behavioral and learning disabilities, coupled with histories of abuse. Therefore, additional educational programs and counseling services tailored to their needs are essential. Moreover, interventions must adopt a multi-systemic approach, catering to the unique circumstances of each individual.
However, it's not enough to merely acknowledge the problem; actionable steps must be taken. Early intervention programs play a pivotal role in identifying at-risk youth and providing them with the necessary support to prevent delinquent behavior. Comprehensive mental health screening and assessment upon entry into the justice system ensure timely interventions for those in need. Individualized treatment plans, family involvement, and educational and vocational training programs within juvenile facilities are vital components of rehabilitation efforts.
Furthermore, establishing peer support and mentoring programs, providing access to evidence-based substance abuse treatment, and expanding community-based alternatives to incarceration are indispensable strategies for reducing recidivism and promoting positive outcomes. Trauma-informed care practices and enhanced collaboration among stakeholders across various sectors are also crucial for providing comprehensive and coordinated care to juvenile delinquents.
By implementing these strategies and prioritizing the rehabilitation and care of juvenile delinquents with mental health needs, we can break the cycle of delinquency and foster healthier, more resilient communities.
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[1] Haney-Caron, E., et al., Mental Health Symptoms and Delinquency among Court-Involved Youth Referred for Treatment. Child Youth Serv Rev, 2019. 98: p. 312-318.
[2] Underwood, L.A. and A. Washington, Mental Illness and Juvenile Offenders. Int J Environ Res Public Health, 2016. 13(2): p. 228.
[3] https://www.law.cornell.edu/wex/juvenile_delinquent.
[4] Teplin LA, Abram KM, McClelland GM, Dulcan MK, Mericle AA. Psychiatric disorders in youth in juvenile detention. Arch Gen Psychiatry. 2002 Dec;59(12):1133-43. doi: 10.1001/archpsyc.59.12.1133. PMID: 12470130; PMCID: PMC2861992.
[5] Ibid 4.
[6] Grande T., Hallman J., Caldwell K., Underwood L. Using the BASC-2 to Assess Mental Health Needs of Incarcerated Juveniles: Implications for Treatment and Release. Corrections Today; Alexandria, VA, USA: 2011. pp. 100–102.
[7] Underwood LA, Washington A. Mental Illness and Juvenile Offenders. Int J Environ Res Public Health. 2016 Feb 18;13(2):228. doi: 10.3390/ijerph13020228. PMID: 26901213; PMCID: PMC4772248.
[8] Ibid 7.
[9] Cocozza, Joseph J. and Jennie L. Shufelt. Juvenile Mental Health Courts: An Emerging Strategy for Mental Health and Juvenile Justice, 2006. www.ncmhjj.com/pdfs/publications/JuvenileMentalHealthCourts.pdf
[10] Ibid 4.
[11] R.N. Sharma, Criminology and Penology, Surjeet Publications, New Delhi, (2008) p.80.
[12] Robertson, A. A., Fang, Z., Weiland, D., Joe, G., Gardner, S., Dembo, R., Mcreynolds, L., Dickson, M., Pankow, J., Dennis, M., & Elkington, K. (2020). Recidivism Among Justice-Involved Youth: Findings From JJ-TRIALS. Criminal Justice and Behavior, 47(9), 1059-1078. https://doi.org/10.1177/0093854820922891
[13] Kulkarni, S.P., et al., Is incarceration a contributor to health disparities? Access to care of formerly incarcerated adults. J Community Health, 2010. 35(3): p. 268-74.
[14] Vaughn, M. G., Freedenthal, S., Jenson, J. M., & Howard, M. O. (2007). Psychiatric Symptoms and Substance Use Among Juvenile Offenders: A Latent Profile Investigation. Criminal Justice and Behavior, 34(10), 1296-1312. https://doi.org/10.1177/0093854807304624
[15] Abram KM, Teplin LA, McClelland GM, Dulcan MK. Comorbid psychiatric disorders in youth in juvenile detention. Arch Gen Psychiatry. 2003 Nov;60(11):1097-108. doi: 10.1001/archpsyc.60.11.1097. PMID: 14609885; PMCID: PMC2893728.
[16]Greenwood, P., Prevention and intervention programs for juvenile offenders. Future Child, 2008. 18(2): p. 185-210.
[17] Gilbert, A.L., et al., Screening Incarcerated Juveniles Using the MAYSI-2. J Correct Health Care, 2015. 21(1): p. 35-44.
[18] Wasserman, G.A., et al., The voice DISC-IV with incarcerated male youths: prevalence of disorder. J Am Acad Child Adolesc Psychiatry, 2002. 41(3): p. 314-21.
[19] Lee A. Underwood and Aryssa Washington, Mental Illness and Juvenile Offenders, International journal of environmental research and public health, Available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4772248/.
[20] UNCRC (United Nation’s Convention on the Rights of the Child) adopted by the UN General Assembly in 1990, is the widely accepted UN instrument ratified by most of the developed as well as developing countries, including India. The convention provides standards to be adhered to by all State Parties in securing the best interest of the child and outlines the fundamental rights of children.
[21] WHO, Mental Health, https://www.who.int/news-room/fact-sheets/detail/mental-health-strengthening-our-response.
[23] Koppelman J. Mental Health and Juvenile Justice: Moving Toward More Effective Systems of Care [Internet]. Washington (DC): National Health Policy Forum; 2005 Jul 22. (Issue Brief, No. 805.) Available from: https://www.ncbi.nlm.nih.gov/books/NBK559790/
[24] https://ojjdp.ojp.gov/model-programs-guide/literature-reviews/intsection between mental health and the juvenile justice system.pdf.
[25] Silvana Galderisi, Andreas Heinz, Marianne Kastrup, Julian Beezhold, and Norman Sartorius, Toward a new definition of mental health, World Psychiatry. 2015 Jun; 14(2): 231–233. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4471980/#b1.
[26] Ibid 25
[27] Masi, R. & Cooper, J. (2006). Children’s mental health: Facts for policymakers. New York, NY: National Center for Children in Poverty, Columbia University Mailman School of Public Health.
[28] Grisso, T., Adolescent offenders with mental disorders. Future Child, 2008. 18(2): p. 143-64.
[29] Corrigan PW, Watson AC. Understanding the impact of stigma on people with mental illness. World Psychiatry. 2002 Feb;1(1):16-20. PMID: 16946807; PMCID: PMC1489832.
[30] Abram, K.M., et al., Perceived barriers to mental health services among youths in detention. J Am Acad Child Adolesc Psychiatry, 2008. 47(3): p. 301-308.
[31] Ibid 30
[32] Katrina A. Hovey, Staci M. Zolkoski & Lyndal M. Bullock, Mental Health and the Juvenile Justice System: Issues Related to Treatment and Rehabilitation, World Journal of Education Vol. 7, N. 3, 2017, available at, https://files.eric.ed.gov/fulltext/EJ1157674.pdf.
[33] Ian Lambie , Isabel Randell, The impact of incarceration on juvenile offender, Clinical Psychology ReviewVolume 33, Issue 3, April 2013, Pages 448-459, Available at: https://www.sciencedirect.com/journal/clinical-psychology-review, (last visited May 5, 2023).
[34] Domalanta, D. D., Risser, W. L., Roberts, R. E., & Risser, J. M. H. (2003). Prevalence of depression and other psychiatric disorders among incarcerated youths. Journal of the American Acad- emy of Child and Adolescent Psychiatry, 42(4), 477–484. http://dx.doi.org/10.1097/ 01.CHI.0000046819.95464.0B.
[35] Ibid 34
37REPORT on, Why Youth Incarceration Fails: An Updated Review of the Evidence, by
By Richard Mendel, March 1, 2023
[36] REPORT on, Why Youth Incarceration Fails: An Updated Review of the Evidence, by
By Richard Mendel, March 1, 2023
[37] Justine Kaneda, The Impact of Juvenile Incarceration on Youth Mental Health: A Systemic Failure of Mass Incarceration in the United States, p 1, HUMBIO 122, available at, https://med.stanford.edu/content/dam/sm/schoolhealtheval/documents/JustineKaneda.pdf.
[38] Ibid 37
[39] Justine Kaneda, The Impact of Juvenile Incarceration on Youth Mental Health: A Systemic Failure of Mass Incarceration in the United States, HUMBIO 122, available at, https://med.stanford.edu/content/dam/sm/schoolhealtheval/documents/JustineKaneda.pdf,(last visited July 5 2020)
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[41] Ibid 40
[42] https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/246824.pdf
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[45] Ibid 15
[46] https://www.ncsc.org/__data/assets/pdf_file/0029/74495/Juvenile-Justice-Mental-Health-Diversion-Final.pdf
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[48] THE HAVARD GAZETTE, https://news.harvard.edu/gazette/story/2016/10/youth-justice-study-finds-prison-counterproductive/.
[49] Supra 14, at p.455
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[63] Ibid 6, 7
[64] Ibid 8