Advocating for the Extension of Psychological Treatment in the Juvenile Legal System

ADVOCATING FOR THE EXTENSION OF PSYCHOLOGICAL TREATMENT IN THE JUVENILE LEGAL SYSTEM 1

Advocating for the Extension of Psychological Treatment in the Juvenile Legal System

Weston Corbitt

Southern New Hampshire University

ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 2

INTRODUCTION

A child imitates a character on TV, a sort of modern day Robin Hood, which steals from

the greedy rich to give to the poor. A teenager is brought up in an environment in poverty and

crime that offers little hope of success and happiness. An adolescent breaks the law because of

peer pressure and just because he wants to fit in. These examples display the subject and hope of

this capstone project. This project is for advocating the extension of psychology in its role in the

legal system. For the purpose of this study, this will include the juvenile delinquency system.

Research Questions

This capstone projects offers a wide range of research questions. The overall hypothesis

for this project is: “would psychological treatment be a better answer for juvenile delinquency?

Included questions for review and testing:

How large of a role should psychology take in the legal system?

Could communities benefitted from by psychology’s extension? This could include

reduced load of criminals in the legal system, as well as the reduction of repeat offenders.

Could minorities, who have been overrepresented in the legal system, be victims of

unethical testing and measures that limit their opportunities and lead to criminal

activities? Could psychology help get them the help they need before the legal system is

involved?

Research variables should include the age of those in the legal system, and their

socioeconomic ethnic status. It should also be noted if the child has any behavioral problems,

psychological disorders, or is from an at-risk family or household. The goals of this research


paper is to find if adding more psychological standards (testing, ethics, assessment strategies,

treatment substituting punishment in some cases) to the legal system will protect more children

and help them reach their full potential. It is possible enough is being done to help children in

the system, or that the legal system is effective in punishing those who need it and rehabilitating

those who need a different approach.

Significance

The goal of this study is an overhaul of the legal system that helps more children than it

hurts. By targeting the audience of people working in the social studies, legal system and the

parents and families of those children who are in any area of the legal system, this project hopes

to help children be treated ethically under similar standards of the American Psychological

Association. Children could avoid jail time when they really need psychological treatment, and

these beliefs and practices could be extended to children in need of new homes in the foster

care/adoption system will be benefit from the increase of psychological evaluation and treatment.

Not all delinquency has to be serious and in the legal system for this new model of thinking to

work. Children who have problems with the rules at school can also benefit from such beliefs.

LITERATURE REVIEW

Research Question

The literature being gathered is concerned with the research questions being asked. The

goal of this project is to advocate for the extension of psychological treatment in the legal

system. The question still must be asked: “how much of a role psychology should take?”

Should children and adolescents be held to the same standards as adults? Are their brains


developed enough? Could entire communities benefit from psychology’s extension? The load

of criminals in the legal system could be reduced, as well as the impact that repeat offenders

lessened. In addition, would increased ethical considerations help the overrepresented

populations of minorities and immigrants? Could ethical testing and measurement help them

getting mental health treatment before committing crimes?

Incorporating More Psychology in the Legal System

As with most psychology, the possibility of identifying disorders and treating them

before an incident occurs (in this case, criminal activity but another example could be speaking

out in class being addressed before a violent episode) should be ethically explored. By collecting

research into the reasons behind why children and adolescents break crimes, including biological

development, this project hopes to show that holding children and adolescents to the same

standards as an adult is foolish in some cases. The ultimate goal is to enter more adolescents into

treatment instead of correctional facilities, and to change ideas held by many about juvenile

delinquency. Often pleading insanity or not being sound of mind is scoffed at by the public, but

proper diagnosis and assessment can lead to finding that the defendant suffers from a disorder

(Cipani & Schock, 2011). Making psychological assessment a more prevalent requirement in

adolescent criminal cases, as well as making treatment an option in lieu of punishment, will be

hard for some to accept (Butler, 2014). The law, for the most part, is easy to understand, (i.e. do

not steal or harm others) and should not those in violation of these be punished (Arrendondo,

2014)? By changing society’s ideas about adolescent criminals (much like society is changing

its views on other psychological issues, such as testing for intelligence, and intelligence levels of

minorities who are victims of poor measurements) the hope is that more criminals can be

rehabilitated and be given the treatment they need, not the punishment given to adults (Cipani &


Schock, 2011). It is the field’s responsibility to advocate for this change and make it possible for

those without much of a voice to get a fair chance at recovery.

Elements of Psychology Being Incorporated: Biological Development

Firstly, this project is very concerned with the developing neuroanatomy of children and

how it affects their mental health. The child’s brain does not function as a smaller version of an

adult’s. It has its own differences and structural reliance. For example, an adolescent’s brain is

reliant on the more primitive limbic system to make decisions. The limbic system is far more

prone to aggressive and irrational behavior, especially compared to the frontal lobe (Arrendondo,

2014). The frontal lobe, with behavior based more on logic (and the reward based dopamine

receptor chain) is more mature and developed by the time someone is in their mid to late

twenties (Arrendondo, 2014). A child would not be held to the same standard as an adult when it

comes to physical tests, so behavior and choices should be different as well. An underdeveloped

brain (when compared to adult standards, although a child could still be behind their peers in

brain growth) could lead to poor choices that will send a child into the legal system. Once in the

structured and somewhat terrifying environment of juvenile detention, any chance of normal

socialization, education or behavior development is almost gone (Arrendondo, 2014). With

increased psychological treatment, these children will have a chance to stay in a more normal

environment where their growth and development can continue physically and mentally

(Arrendondo, 2014).

Elements of Psychology Being Incorporated: Ethics in the Legal System

The second and final area of psychology being explored is ethics. Younger adults are

shown to make decisions differently (and sometimes worse) than grown adults (Defoe, Dubas,


Figner, & van Aken, 2015). In addition, groups of people have been harmed in the past partly

due to poor practices in psychology. Minorities have been harmed due to bias intelligence

testing and have been placed in situations they have not deserved (Fischer, 2013). Harmful

stereotypes have arisen based on poor testing standards that should be fixed based on the

American Psychological Association’s (APA) ethical standards (Fischer, 2013). Beneficence

(doing the most good) and Non-Maleficence (avoiding harm) are pillars of psychological

practice, and extending this aspect into the legal system would be a valuable addition (Fischer,

2013). With proper assessment and diagnosis, these children can be indentified if they have a

mental disorder and receive the proper treatment, which is the most ethical route (Fischer, 2013).

A child suffering from a more “identifiable” mental disability, such as Down syndrome or

Autism would not be held to the same legal standard as a normal functioning adult, so why

would another adolescent suffering from something else? There are many legal questions being

faced in the legal system now, but by utilizing psychology there exists a greater possibility of

solving some of them (Fischer, 2013).

Ethical Concerns and Social Ideas on Crime and Psychology

Doctor Ashley Butler (2014) explored the social stigma of mental health problems and

mental health treatment. In addition to studying social beliefs on mental health disorders, Doctor

Butler also examined the severity of mental health problems in the United States as well as the

decision making abilities of those with problems (Butler, 2014). Social stigmas concerning

mental health problems may contribute to problems with crime, especially when a jury or a judge

sees a person with a mental disorder as a criminal who should be punished. Adolescents who are

punished may not spend a lot of time in detention, but the suspension of normal development

puts them behind and forces them struggle to catch up for the rest of their lives (or find comfort


in a familiar setting: jail) when they should have been treated while being allowed to socialize

and learn normally (Butler, 2014). Another source of ethical treatment based on societal

differences is concerned with assessment and measurement.

Cipani and Schock (2011) wrote the textbook Functional Behavioral Assessment,

Diagnosis, and Treatment to provide a database for educating mental health professionals how to

ethically assess, diagnose, and treat children and adolescents who have a variety of disorders and

abilities. By offering a basis of therapy and treatment (and how to use it legally), this book

offers valuable insight into how to strategize to help those children who could suffer from mental

disorders instead of being criminals (Cipani & Schock, 2011). In addition, it offers behavior

assessment and diagnostic tools to help identify problems areas for children and adolescents. By

increasing ethical assessment practices, societal beliefs will improve and treatment will be more

readily available and acceptable, achieving the goal of this project. For the proper treatment of

juvenile delinquents (which this project would like to view as potential mental health patients

and not criminals as commonly perceived) the American Psychological Association’s (APA)

ethics code should be followed at every stage.

Celia B. Fischer (2013) wrote Decoding the Ethics Code: A Practical Guide for

Psychologists a valuable tool for any psychological project. Following ethics is valuable in

psychology for a multitude of reasons. It is a guideline for protecting participants and for how to

do anything in the world of psychology. Its value to this specific project is showing how

criminal cases would be handled under psychological standards.


Neuroanatomical Research and its Application to Children’s Behavior

Doctor David Arrendondo (2014) has examined the biological aspects of a child’s brain.

He showed that the anatomical structures of the brain matter in decision making. Children do

not make the same decisions because they are not biologically able to. Would a child be asked to

create a Christmas list based on a budget, considering all of the costs, fees and shipping that goes

into the process? Of course not, and children are not always able to think about the hidden

consequences of other actions either. The reliance on the limbic system (over the less mature

frontal lobe that adults use) means the decisions made by adolescents cannot be held to the same

standards, even in legal circumstances (Arrendondo, 2014). The most valuable aspect of this

paper is how it displays the fundamental biological differences that exist between adults and

children. This could go a long way in showing how changing legal practices and standards for

those younger than eighteen (the socially accepted age of adulthood) could be beneficial for

whole communities. Expanding on Arrendondo’s hypothesis, Ivy Defoe, Judith Semon Dubas

and Marcel A.G. van Aken (2015) study’s shows that children make choices differently than

adults. Their study shows that children take more chances than adults, and when presented with

safer options, the older participants (either adult or older adolescent) will choose the safest

option. The correlation between the children and their brain development compared to the older,

more mature participants making better choices answers the research question of not punishing

children in the legal system the same as adults (Arrendondo, 2014).

Gaps in the Literature

Gaps do exist in these proposals, and there is much work to be done to find a good

system to identify those who would benefit from treatment the most. In addition, there must be a


system to reintegrate them into a positive peer group. Rulison, Kreager and Osgood (2014)

found that younger adolescents were less accepted back into peer groups after detention. Their

friend network shrank, and potential new friends found these children to be less attractive friend

options. Networking becomes more difficult, and the stress of being an outcast becomes

cyclical. Peer acceptance raises as the child ages, and those with antisocial tendencies seem to

interact with each other. This leads to the hypothesis that peer group behavior will lead to

increases in delinquency and social isolation in children and that it is hard to shake this problem

(Rulison, Kreager & Osgood, 2014). This leads to a gap in thinking. It is not ethical to radically

alter a child’s lifestyle by making them leave a school or forbid certain people in their lives. So

is any therapy effective when it will be outdone by between therapy sessions?

Fifty two percent of youth fail to comply with at least one probation guideline, and

substance abuse was one of the largest problems (NeMoyer, Goldstein, McKitten, Prelic,

Ebbecke, Foster, & Burkard, 2014). Probation noncompliance was correlated with race and prior

noncompliance, and youth characteristics often lead to failure to comply (NeMoyer, Goldstein,

McKitten, Prelic, Ebbecke, Foster, & Burkard, 2014). Race leads to believe that possible biases

exist in the legal system (dooming those to failure) and could mean the legal system does not

value the ethics of the APA as the mental health field does. Regular drug testing can alleviate

some of the failure of the youth, and other areas, such as probation requirements can be altered

based on psychological suggestions. Alleviating repeat offenders is a goal of implementing more

mental health treatment (NeMoyer, Goldstein, McKitten, Prelic, Ebbecke, Foster, & Burkard,

2014).

Robinson, Winiaski, Brennan, Foster, Cunningham and Whitmore (2015) found that

socio-economic factors weigh heavily on the ability of juvenile delinquents to avoid further


problems. In addition, parental monitoring (caregivers developing requisite skills to monitor and

discipline their children effectively and positively influence behavior) during treatment is shown

to be a huge factor in helping children overcome their behavior problems. A gap exists in the

role parent’s play. Perhaps the children should not be the sole focus. Parental training programs

are vital as well. Should at risk children have their parents brought in for more parental training?

How much can the child be blamed in crimes? These gaps offer exciting opportunities in

research and treatment development.

RESEARCH METHOD: QUANTITATIVE CORRELATION

For this project to be effective, the author is to record the age of the juvenile in the

system, socioeconomic status, ethnicity and any prior legal troubles, as well as prior mental

health evaluations/diagnosis. The research question is: “Would extending the use of

psychological services in the juvenile legal system be more effective than traditional punishment

in the rehabilitation of the criminals in question?” The research method will be quantitative,

since the statistics being counted will be numerical in form (correlation, percentages) asked in

specific and narrow questioning from the sample being studied (Rosnow & Rosenthal, 2008).

Correlation will be used to show how each variable related with the goals of the study (Rosnow

& Rosenthal, 2008). It will be the most effective way to show the relations between each

variable and plan treatment in the future.

METHOD JUSTIFICATION

Due to the variables being tested, as well as the relationship between the variables being

vital to display the need for the increased psychological treatment stated in the hypothesis, the

chosen method of research being used for this project will be quantitative in nature (Cohen,


Swerdlik & Sturman, 2013). The specific quantitative method being used is correlation, as the

author wishes to show the various relations between population and outcomes. This form is ideal

for the research question because it is utilized to measure ratios, counting members of various

population sets and finding areas of focus (Cohen, Swerdlik & Sturman, 2013). For example, a

group being examined is those in a lower socioeconomic situation. The research hopes to find

how many of those groups have had mental health treatment, and how those faired legally. The

quantitative method is ideal for counting numbers and assigning value to the numbers collected.

(Cohen, Swerdlik & Sturman, 2013).

METHOD STRENGTHS

The quantitative method is not perfect, and finding correlation does not always lead to

causation. When finding a suitable research method, the bottom line should be: do the strengths

outweigh the weaknesses? For this study, and in general, the quantitative method is strong and

versatile for the savvy researcher. By using numerical research, collecting samples of data from

observable phenomena or study participants, researchers can make conclusions, study

correlations and find trends (Cohen, Swerdlik & Sturman, 2013). The research is concrete,

standardized and can easily be turned into percentages or ratios that are reliable and valid

(Cohen, Swerdlik & Sturman, 2013). Specific questioning (for example how many children live

in a certain city) leads to unbiased results that can be used in a valid research method. Normally

quantitative data is quicker and easier to collect (surveys can be done simply over the mail or

online) in inexpensive methods and settings (Cohen, Swerdlik & Sturman, 2013). The

quantitative method of data collection is simpler than other methods, and can be reliably done

without heavy instruction or interpretation (Cohen, Swerdlik & Sturman, 2013).


METHOD WEAKNESSES

Weaknesses do exist with the quantitative method though. Participants are given narrow

response choices, and sometimes elaboration would be beneficial. For example, the researcher

(in a survey question) is asking if any mental health treatment has been sought by someone who

has run into trouble with the law. Perhaps the person has not, but because they live in a rural

low-income area, they have not had the access that someone in a larger city would enjoy. The

elaboration would not be possible in a strict quantitative system (Cohen, Swerdlik & Sturman,

2013). If a question is answered incorrectly in a survey given online or at home, that answer

could skew the data being collected. If a researcher was present, it could have been corrected

and fixed and the data more valid (Cohen, Swerdlik & Sturman, 2013). Quantitative studies

normally only have matching, true/false and multiple choice formats for their questions. This

can also limit responses possible and harm answers given (Cohen, Swerdlik & Sturman, 2013).

Finally, the more “laid back” testing models could lead to difficulties in collecting answers. Life

can happen and mailed out surveys are often not returned or filled out completely. By having the

testing at a given time or location, researchers ensure more reliable statistics are collected

(Cohen, Swerdlik & Sturman, 2013).

DATA COLLECTION TOOLS

Survey For Data Collection: Minnesota Multiphasic Personality Inventory

This study will need to utilize a census style survey to find out where all the children

stand on the variables being tested. Either a pilot study can be performed, or a survey modeling

itself after the United States census (which collects all the data being tested for correlation) can

be utilized by the research team (Cohen, Swerdlik & Sturman, 2013). For the psychological


testing, the second version of the Minnesota Multiphasic Personality Inventory (MMPI-2) will be

used to assess the personality types of those being tested. The MMPI-2 is a classic and reliable

scale that has ten clinical subscales, including: hypochondriasis, depression, hysteria,

psychopathic deviate, masculinity/feminity, paranoia, psychasthenia, hypomania, schizophrenia

and social introversion (Cohen, Swerdlik & Sturman, 2013). For the concerns of this study the

researchers will examine the children and adolescent’s scores on the subjects of depression,

psychopathic deviate (which includes complaints of family and authority figures) and social

introversion (Cohen, Swerdlik & Sturman, 2013). Four validity scales exist (designed to stop

those from intentionally lying, detecting unusual answering patterns, a back half validity measure

and a K scale designed to find psychopathology in normal range participants) that protect from

everything from test design to intended deception (Cohen, Swerdlik & Sturman, 2013).

Additional scales can be added to find addiction potential in patients, as well as social discomfort

and ego strength (Cohen, Swerdlik & Sturman, 2013). The overall goal is to find any at risk

students, identify their scores, and see if they correlate with more illegal activity.

Other Testing Measures Used

In addition to the standardized MMPI-2 test a to the youth in question, a few other tests

will be given to the participants to see if adolescents are more prone to criminal behavior due to

different levels of behavioral development and not because they are more criminally inclined.

Two other measurements used in this capstone projects are shared decision making and risk

taking measurements. The shared decision making measurement measures the amount of shared

parenting that a couple has with their children and mental health treatment (Butler, 2014). The

interest in this scale is concerned with if the child has more willing parents and the possible

relationship between that and legal trouble. The hypothesis is that parents who are more willing


to enter their children into treatment are less likely to have children who have legal trouble.

Another measurement to be used is for measuring risk taking behaviors. Arredondo (2014)

theorized that adolescents make poorer decisions due to reliance on the limbic system instead of

the frontal lobe adult’s use. Defoe, Dubas, Figner & van Aken (2015) found that younger people

were more prone to take risks than adults, and that this could be tied to Arrendondo’s theory. By

showing younger adults make decisions differently, the capstone’s proposal shows merit.

Treating these children would be more ethical than punishing them (Arrendondo, 2014).

POPULATION AND SAMPLING

Population and sampling procedures will be vital for creating a reliable and

comprehensive study that will be conclusive in its support or rejection of the hypothesis. Firstly

the population being tested should be outlined. Participants can range anywhere from childhood

to early adolescence, but for the purpose of this study the more realistic range is from the early

teenage years to mid twenties (due to the biological maturation of the brains and decision making

of the participants, as well as serious run ins with the law or school officials being more

prevalent). The population should vary in many different areas. It would be wise (and increase

validity and reliability) if the population is diverse (Cohen, Swerdlik & Sturman, 2013).

Adolescents of different regions, home situations (siblings, parents at home, living in a house or

apartment, etc.), religions, socioeconomic backgrounds, ethnicity, intelligence and behavioral

levels should be surveyed and recorded. In addition, a control group should be created to help

test the hypothesis against (Cohen, Swerdlik & Sturman, 2013). In the case of this study, it

should contain adolescents who have had legal trouble but have not received mental health

treatment at any point. This will properly display if adding the variable psychological treatment

for at-risk and legally troubled adolescents would be effective in long term rehabilitation.


DATA COLLECTION PROCESS

Today’s technology offers a new and exciting way to collect data for this project. Social

media, smart phones, and high speed internet offer chances to collect data quickly and

inexpensively from people all across the United States (Cohen, Swerdlik & Sturman, 2013).

This would be the most efficient method of data collection, and even those in the legal system

could use centralized computers (low-income students could use local or school libraries) under

the surveillance of authorities and legal council (Cohen, Swerdlik & Sturman, 2013). This study

will screen people through online survey networks (and collect census data, for further analysis

in later stages), then bring in anyone who meets the criteria in for testing and analysis in a

localized area. This will ensure more reliable and valid answers, and the professionals can offer

assistance when needed during testing (Cohen, Swerdlik & Sturman, 2013). Any child (anyone

under eighteen years of age for this study) needs parental consent before participating in this

study.

Extra ethical protection should be taken when collecting statistics from children and those

who are in the legal system (Fischer, 2013). To keep statistical integrity, a medium to large

population will be taken for analysis. Follow up services will be offered, and no deception will

be used, eliminating some ethical concerns (Cohen, Swerdlik & Sturman, 2013). Data will then

be collected and analyzed using the statistical methods approved for the study.


ETHICAL CONSIDERATIONS

Ethical Considerations for the Recruitment of Data

Ethical considerations must be taken before any study takes place, and this study is no

different. Extra precautions must always be taken when working with children, even older

groups of them exposed to a harsh legal system. Children are a vulnerable population that needs

to be protected by the psychological community whenever possible (Fischer, 2013). In addition,

parental approval should be sought at every level of collecting information. Finally, there should

be respect for children being able to meet any of their school obligations. Surveys should not

come in the way of completing homework or going to extracurricular activities, and they should

not cause stress on a population becoming busier and more responsible for their time everyday

(Fischer, 2013).

Extra legal and ethical considerations must be taken when working with adolescents who

have encountered legal trouble (Fischer, 2013). It is not the goal of this project to prove

anyone’s guilt or innocence when it comes to past or present legal cases. Even though one of the

goals is to support or reject the hypothesis of mental health treatment being more effective than

other traditional punishments, interfering with the legal process is not one of them.

DATA ANALYSIS

Finding Correlation Utilizing Pearson’s Product-Moment Correlation Statistic

The most popular coefficient of correlation studies is Pearson’s product-moment

correlation statistic (Pearson’s R). It is a measure of linear correlation between two variables,

giving a numerical value between positive and negative (either inversely or directly related)


(Rosnow & Rosenthal, 2008). The data will be recorded in a computer program, such as

Microsoft Excel, and calculations will be done to determine the mean, median, standard

deviation and Pearson’s R, and the strength of correlation can then be found (Rosnow &

Rosenthal, 2008). Z-score analysis will aid in making decisions on the final outcome of the

statistics (Rosnow & Rosenthal, 2008).

JUSTIFICATION OF DATA ANALYSIS APPROACH

ANOVA testing could be used to find the averages of several groups, but Pearson’s R

offers the best analysis of correlation (Cohen, Swerdlik & Sturman, 2013). This research project

is chiefly concerned in finding correlation quantitative data and finding how it exactly related to

one another. The calculations can be done by hand using a calculator, as well as multiple web

pages online. The sample size should be medium to large to ensure the normal distribution is

fair, usable, and efficient (Rosnow & Rosenthal, 2008). Outliers can throw off the statistic, but

the use of a p-value can limit its impact and give the best possible outcome according to the data

Rosnow & Rosenthal, 2008).

LIMITATIONS AND ASSUMPTIONS

Using a quantitative method does have limitations when it comes to collecting data. This

research project needs to use a quantitative method with the amount of variables that need to be

counted, but the problem with collecting this data is the narrowness of the questions being asked

(Cohen, Swerdlik & Sturman, 2013). For example, the survey could ask if a teenager has ever

been diagnosed with a mental health disorder. Perhaps the child could have a disorder, but the

lack of resources has failed the child and they have never been properly diagnosed. Another

example could involve a child with ADHD. For the purpose of the example, the child has a very


mild case. Yet when the question asks “do you suffer from any mental health disorders such as

ADHD etc.?” the survey taker has to answer “yes.” It is hard to rate the severity of the symptoms

using such a narrow method. Any psychologist measuring behavior can vouch that there is a

large difference between mild and significant symptoms in a disorder (Cipani & Schock, 2011).

This test is narrow in that regard.

Another worry about assumptions comes with a larger societal problem. For many

reasons, there is an overrepresentation of minorities in urban areas, as well as in social welfare

programs and special education services (Taylor, Grant, Amrhein, Carter, Farahmand, Harrison

& Katz, 2014). This capstone project wishes to effectively display a fair and balanced test

population, as well as not furthering any negative stereotypes about any group of people. It will

have to be incredibly careful to properly represent a smaller sample of the United States

population, and not give in to any traps set outdated and harmful ideas (Fischer, 2013).

DISSEMINATION

Relevancy of Data Collection for Target Population

The outcome of this research project will be incredibly helpful for many communities in

many ways. The first topic will be helping children who have come into trouble with the law.

With prevention in mind, it is possible that schoolchildren will be screened at an earlier age to

identify if they are at risk for mental health disorders. If they are scanned and found to be at risk,

the hope of this project is that authorities (legal, academic or psychological) will see that they are

at risk to be in legal trouble in the future. This could be extra motivation to get children the help

they need.


The chief outcome of this research project is to have the legal system to reconsider what

is means to be a child and how to punish those who have had run ins with the law. Instead of

punishing them with time in juvenile detention, adding further stigma to their life, perhaps

psychological treatment offers more hope. As Arredondo (2014) stated, adolescents are

biologically not as competent as adults, and make choices differently. Should a teenager be

punished the same as an adult? Of course other variables (psychological screening, severity of

the crime) come into play, but if possible, treatment and rehabilitation should be the choice for

those in the legal system. This could benefit entire communities. Instead of their youth being

imprisoned, communities can have normal adults working, going to school, and helping raise the

next generation of children. Tax dollars can stay out of jails and be applied to more helpful uses.

The target population of adolescents running into legal troubles needs someone to advocate for

them. Perhaps they were from an impoverished environment that made growing up tough, and

opportunities to advance and grow even tougher. Maybe they suffered from a learning disability

that led to depression and hopelessness. Their underdeveloped brain could have led to irrational

decision making that was more emotional and risky than a more mature adult would have made

(Defoe, Dubas, Figner, & van Aken, 2015). Vicarious observation of poor role models (either in

real life or in the media) could have led to copying poor behaviors that led to their problems, not

only legally, but in academic and social settings (Taylor, Grant, Amrhein, Carter, Farahmand,

Harrison & Katz, 2014). If these young adults are given a voice when others only put them

down, it can make a lifetime of difference for a whole community.

Future Psychological Impact

The significance of this study is an overhaul of the legal system that helps more children

than it hurts, which happens today more than one would wish. By targeting the audience of


people working in the social studies, legal system and the parents and families of those children

who are in any area of the legal system, this project hopes to help children be treated ethically

under similar standards of the American Psychological Association. Children could avoid jail

time when they really need psychological treatment. By incorporating ethical treatment models

and understanding the biological development of children, the correct solution will be that

children should be treated differently than adults. This will be legal status and in punishment,

and implementing a different course of action than it would be with adults. Children’s biological

growth (more emphasis on limbic system decisions than the logical frontal lobe, decision making

capacities) can account for their poor legal decisions. Their perception of the world, brought on

by their interactions with it, can lead to poor situations for behavioral growth. By utilizing these

sources, this project hopes to change the thinking and strategies of the legal system to include

more psychological principles and uphold the standards of beneficence and nonmaleficence.


REFERENCE

Arredondo, D. E. (2014). Child Development, Children's Mental Health and the Juvenile Justice

System. Standford Law and Policy Review.

Butler, A. M. (2014). Shared decision-making, stigma, and child mental health functioning

among families referred for primary care–located mental health services. Families,

Systems, & Health, 32(1), 116-121. doi:10.1037/fsh0000004

Cohen, R. J., Swerdlik, M. E., & Sturman, E.D. (2013). Psychological testing and assessment:

An introduction to tests and measurement (8th ed.). New York, NY: McGraw-Hill.

Cipani, E. & Schock, K. M. (2011). Functional behavioral assessment, diagnosis, and treatment

(2nd ed). New York, NY: Springer Publishing Company Inc.

Defoe, I. N., Dubas, J. S., Figner, B., & van Aken, M. G. (2015). A meta-analysis on age

differences in risky decision making: Adolescents versus children and adults.

Psychological Bulletin, 141(1), 48-84. doi:10.1037/a0038088

Fischer, C. B. (2013). Decoding the Ethics Code: A Practical Guide for Psychologists (3rd ed.).

Thousand Oaks, CA: Sage.

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Advocating for the Extension of Psychological Treatment in the Juvenile Legal System

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