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Juvenile justice at a crossroad between crime control and rehabilitation: A study of philosophies and practices in Austria and the United States
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2024-12-25 DOI: 10.1111/jfcj.12272
Stacy C. Moak, Nina Kaiser

This study examines philosophies and practices of juvenile justice in Austria and the United States specifically using cases of juvenile homicide to provide context to examine divergent outcomes in the two countries. Grounding the paper in the culture of control theory, findings indicate that Austria has not been as heavily influenced by punitive policies as has the United States and maintains a focus as a welfare state. Although the United States has made progress in parts of the juvenile justice system, for more serious offenses, it remains largely focused on crime control and punitiveness. Penalties for juvenile crimes, even the most serious cases, in Austria are geared toward resocialization, education, and treatment instead of punishment. Possible explanations for these differences are explored through local cultural and sociological examination.

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引用次数: 0
Determine if they can decide—Rethinking adolescent decision-making ability in the trial and medical context
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2024-12-25 DOI: 10.1111/jfcj.12269
Naqsha Biliangady

Adolescence is a time of rapid change—physical appearance, behaviors, intellectual interests, and social choices. Often, however, it is branded as a time of bad choices and regrets. Neuroscience explains that these changes and behaviors (both positive and seemingly negative) are due to rapid and asynchronous changes in the brain, that drive all choices made by adolescents. Two areas of adolescent decision-making are addressed in this paper—the choice to seek gender affirming care (GAC) and trial decision-making when an adolescent is tried as an adult. For the choice to seek gender affirming care, the paper proposes a system for assessing the adolescent's decision-making ability, instead of a total ban on access to GAC, and for trial decisions, the paper proposes a system of mandatory trial competence assessment of all adolescents who are being tried as adults. For both sections, the paper uses the current Indiana statutes.

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引用次数: 0
The impact of therapeutic jurisprudence on juvenile recidivism: The country road to rehabilitation
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2024-12-25 DOI: 10.1111/jfcj.12270
Mallory Noelle Watkins

This study investigated juvenile recidivism among the statewide population of juvenile drug court graduates from 2015, 2016, 2017, and 2018 in West Virginia. One notable strategy to combat juvenile crime is the therapeutic jurisprudence approach that focuses on intervention by the judiciary to head the rehabilitation of offenders. This study analyzed recidivism data for 3 years following a juvenile drug court participant's completion of the program to determine the effectiveness of the therapeutic jurisprudence approach in West Virginia. Recidivism data were analyzed through chi-square tests of independence, multiple linear regression, and an ANOVA to ascertain the impact of the therapeutic jurisprudence approach. This writer tracked recidivism rates of graduates 3 years following completion of the juvenile drug court program to determine the overall effectiveness of the community-based, judicial treatment approach. The study examined recidivism rates for participants who received evidence-based treatment based on age to highlight if an offender's age at the time of graduation influenced future recidivism. Finally, the study investigated if there was a noteworthy difference in recidivism depending on where the participant participated in juvenile drug court across 19 separate juvenile drug court programs throughout the state.

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引用次数: 0
Examining marijuana use, sexual risk, and HIV testing outcomes among young people with intersecting marginalized social identities in juvenile drug courts
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2024-12-25 DOI: 10.1111/jfcj.12271
Rebecca L. Fix, Pia M. Mauro, Ashli J. Sheidow, Michael R. McCart, Kristyn Zajac, Elizabeth J. Letourneau

We explored clinical outcomes among adolescents in juvenile drug court (JDC) by ethnoracial or gender identity, economic security, and mental health problems. Self-report and drug testing data were obtained through a randomized control trial (RCT) with 101 adolescents in JDC at four time points (i.e., baseline, 3-month immediate post, 6-month follow-up, and 12-month follow-up). Participants who identified as an adolescent girl and who were identified as having a mental health disorder demonstrated significant increases in talking about HIV 12 months after completing the intervention. Sexual risk behaviors increased for girls, Black, and Latine youth and decreased among adolescents with mental health problems. Marijuana use did not differ over time by identity. Programing that targets risk behaviors, including substance use and seemingly unrelated risk behaviors like risky sexual behavior, is warranted in addition to mental health services to improve health outcomes of adolescents with a history of juvenile legal system involvement.

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引用次数: 0
Applying a trauma-informed care framework to courtroom practice: An analysis of judges' perspectives 将创伤知情护理框架应用于法庭实践:对法官观点的分析
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2024-09-18 DOI: 10.1111/jfcj.12267
Eva McKinsey, Mark Heinen, Samantha A. Zottola, Luke Ellmaker, Amelia Thorn

Analysis of in-depth interviews with eight district court judges in North Carolina revealed over 40 practices that judges can adopt to become more trauma-informed in their work. These practices map onto SAMHSA's framework for a trauma-informed approach, demonstrating that abstract principles can translate into concrete actions in the courtroom setting. Analysis revealed an additional core principle of trauma-informed judicial practice—Rehabilitation and Healing—and several areas where judges can deepen their commitment to trauma-informed care—engagement with peer support programming; greater attention to cultural, historical, and gender issues; and application of trauma-informed practice in adult criminal court.

通过对北卡罗来纳州八名地方法院法官的深入访谈分析,我们发现法官们可以采取 40 多种做法,在工作中更多地考虑创伤因素。这些做法与 SAMHSA 的创伤知情方法框架相吻合,表明抽象的原则可以转化为法庭环境中的具体行动。分析揭示了创伤知情司法实践的另一个核心原则--康复与治疗,以及法官可以深化其对创伤知情护理承诺的几个领域--参与同伴支持计划;更加关注文化、历史和性别问题;以及在成人刑事法庭中应用创伤知情实践。
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引用次数: 0
The promise of alternatives for youths: An analysis of restorative justice practices in the United States 青少年替代方案的前景:美国恢复性司法实践分析
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2024-09-18 DOI: 10.1111/jfcj.12268
Meghan Koza, Stuti S. Kokkalera, John C. Navarro

Restorative justice practices are popular alternatives for youth conflict resolutions in the juvenile justice system and in schools. However, we do not know the extent to which states have formalized the use of restorative justice. This study reviews state legislation to identify whether restorative justice has been codified in juvenile justice and public education statutes. Through a content analysis of relevant statutory provisions, we find considerable variation in how restorative justice is defined and implemented in the juvenile justice and public-school systems. We conclude with policy implications aimed at standardizing the understanding and application of restorative justice.

在青少年司法系统和学校中,恢复性司法实践是解决青少年冲突的流行替代方法。然而,我们并不知道各州在多大程度上正式采用了恢复性司法。本研究回顾了各州的立法,以确定恢复性司法是否已编入少年司法和公共教育法规。通过对相关法律条款的内容分析,我们发现恢复性司法在少年司法和公立学校系统中的定义和实施方式存在相当大的差异。最后,我们提出了旨在规范恢复性司法的理解和应用的政策建议。
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引用次数: 0
Doing right by families: Presenting dynamic performance metrics for legal excellence in child welfare law 为家庭做正确的事:介绍儿童福利法中法律卓越性的动态绩效指标
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2024-07-07 DOI: 10.1111/jfcj.12259
Zabrina Aleguire, Sophia Gatowski

To meet the challenge of advancing child welfare law, a field affecting millions of families a year, practicing attorneys have developed a wealth of guidance for best practices. The Judicial, Court, and Attorney Measures of Performance (JCAMP) provide a way to determine whether legal programs are following these recommended practices and to assess the strength of attorney–client relationships. After providing context around challenges to high quality legal representation, best practice guidance, and evaluation research findings, this article reviews the JCAMP measures of attorney practice. JCAMP may be used by legal programs to both assess their own practice and to elicit feedback from affected families to ensure consistent high quality representation. Boldly assessing attorney interactions, and the experiences of clients in the court process, is critical to guiding and empowering lawyers to achieve excellence.

儿童福利法是一个每年影响数百万家庭的领域,为了应对推进儿童福利法的挑战,执业律师们制定了大量的最佳实践指南。司法、法院和律师绩效衡量标准 (JCAMP) 提供了一种方法来确定法律项目是否遵循了这些推荐实践,并评估律师与客户关系的强度。在介绍了高质量法律代表所面临的挑战、最佳实践指南和评估研究结果的背景之后,本文回顾了 JCAMP 的律师实践衡量标准。法律项目可利用 JCAMP 评估自身的实践,并从受影响家庭那里获得反馈,以确保始终如一的高质量代理。大胆评估律师之间的互动以及客户在法庭程序中的经历,对于指导和授权律师实现卓越至关重要。
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引用次数: 0
Authentic parent engagement in performance measure design: The JCAMP example 家长真正参与绩效衡量设计:JCAMP 示例
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2024-07-07 DOI: 10.1111/jfcj.12257
Alicia Summers, Heather Cantamessa

Performance measurement is meant to help organizations to better understand current practices, processes, outputs, or outcomes. Yet, it is often limited in its use and usefulness, partly because it is not designed with the end user in mind. This article describes a process that integrates participatory design and design thinking methodologies to bring together a multidisciplinary group of systems professionals, researchers, and persons with lived experience to create meaningful child welfare court performance measures. The methods and process used to design the measures are described, including the resulting measures in one domain of measurement. Key lessons were learned throughout this process, including the value of lived experience in design and implementation.

绩效衡量旨在帮助组织更好地了解当前的做法、流程、产出或结果。然而,它的使用和实用性往往受到限制,部分原因是它在设计时没有考虑到最终用户。本文介绍了一个整合了参与式设计和设计思维方法的过程,该过程将一个由系统专业人士、研究人员和有生活经验的人组成的多学科小组聚集在一起,以创建有意义的儿童福利法庭绩效衡量标准。文章介绍了设计衡量标准的方法和过程,包括在一个衡量领域中产生的衡量标准。在整个过程中,我们汲取了重要的经验教训,包括生活经验在设计和实施中的价值。
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引用次数: 0
Dedication 奉献
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2024-07-07 DOI: 10.1111/jfcj.12255
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引用次数: 0
Packing for your JCAMP journey and reflecting on lessons learned along the way 为你的 JCAMP 之旅打点行装,总结一路走来的经验教训
IF 0.4 4区 社会学 Q3 LAW Pub Date : 2024-07-07 DOI: 10.1111/jfcj.12262
Diana Rugh Johnson, Beverly Schulterbrandt

State Court Improvement Programs (CIPs) are responsible for conducting assessments of their foster care and adoption laws and judicial processes, and developing and implementing projects that improve child welfare court practices and the delivery of legal services in child welfare. JCAMP, the Judicial, Court, and Attorney Measures of Performance, provides states with the tools to collect the data necessary to inform those projects and measure their success. This article walks CIPs, judges, child welfare agencies, attorneys, parents and youth with lived experience, and anyone else with an interest in improving the child welfare court system through the JCAMP implementation process while reflecting on lessons learned by jurisdictions currently using JCAMP to collect court data. Key takeaways from these states include the importance of diverse teams, strong project management, and long-term planning for data use and project sustainability.

州法院改进计划 (CIP) 负责对其寄养和收养法律及司法程序进行评估,并制定和实施项目,以改进儿童福利法院的实践和儿童福利法律服务的提供。JCAMP,即 "司法、法院和律师绩效衡量标准",为各州提供了收集必要数据的工具,以便为这些项目提供信息并衡量其成功与否。本文将引导 CIP、法官、儿童福利机构、律师、有生活经验的家长和青少年以及任何有志于改善儿童福利法院系统的人了解 JCAMP 的实施过程,同时反思目前使用 JCAMP 收集法院数据的司法管辖区所吸取的经验教训。这些州的主要经验包括多元化团队、强有力的项目管理以及数据使用和项目可持续性长期规划的重要性。
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引用次数: 0
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Juvenile and Family Court Journal
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