Forensic mental health assessments of juvenile misdemeanor cases involving demoralization (status offenses) and delinquency

IF 2.1 Q1 CRIMINOLOGY & PENOLOGY
Danuta Rode, Joanna Kabzińska, Magdalena Rode, Ewa Habzda-Siwek, Daniel Boduszek
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Abstract

Purpose

The role of evidence-based psychological knowledge in cases of juvenile offending is essential to make appropriate decisions relating to youth who violate legal or social norms, as it carries implications for treatment, intervention and practice. Psychological expert opinions therefore need to meet high formal and methodological requirements while maintaining ethical standards. The purpose of this study is to investigate psychological expert opinions in cases of juvenile misbehavior reported to regional courts in Poland. Juvenile court proceedings concern cases of demoralization and/or delinquent offenses. Demoralization is a legal concept described in the Act of June 9, 2022 on juvenile support and resocialization. This concept was not defined; it was only described through examples of behaviors indicating demoralization. These include the following: violations of the principles of community life; evading compulsory education or schooling; use of alcohol, narcotic drugs, psychotropic substances, their precursors, substitutes or new psychoactive substances; and prostitution.

Design/methodology/approach

To reach these goals, court records of juvenile cases in six district courts (N = 253) were gathered and analyzed. A semistructured questionnaire was used to examine the cases in which psychologists were appointed and to analyze the procedures used by these experts for assessing adolescents and their families.

Findings

Findings revealed that family judges appoint psychologists both in cases of “demoralization” (i.e. status offenses) and in cases of juvenile delinquency. The opinions were delivered by psychologists who were mostly members of diagnostic teams. Results indicate that such opinions generally comply with the minimal standards recommended by the Ministry of Justice, yet a few problems were observed with the determination of levels of demoralization.

Originality/value

The limitations of diagnostic tools used by psychologists are discussed, and recommendations for future practice are provided.

对少年轻罪案件进行法医心理健康评估,涉及去道德化(身份犯罪)和违法行为
目的以证据为基础的心理学知识在青少年犯罪案件中的作用对于做出与违反法律或社会规范的青少年有关的适当决定至关重要,因为它对治疗、干预和实践都有影响。因此,心理专家的意见需要满足较高的形式和方法要求,同时保持道德标准。本研究旨在调查向波兰地区法院报告的青少年不良行为案件中的心理专家意见。少年法庭诉讼涉及士气低落和/或违法犯罪案件。士气低落是 2022 年 6 月 9 日关于青少年支持和重新社会化的法案中描述的一个法律概念。该概念未作定义,仅通过表明士气低落的行为实例进行描述。这些行为包括:违反社区生活原则;逃避义务教育或学校教育;使用酒精、麻醉药品、精神药物、其前体、替代品或新型精神活性物质;以及卖淫。研究结果表明,家庭法官在 "去道德化"(即身份犯罪)和青少年犯罪案件中都会指定心理学家。提出意见的心理学家大多是诊断小组的成员。结果表明,这些意见一般都符合司法部建议的最低标准,但在确定士气低落的程度方面也发现了一些问题。原创性/价值讨论了心理学家使用的诊断工具的局限性,并为今后的实践提出了建议。
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来源期刊
Journal of Criminal Psychology
Journal of Criminal Psychology CRIMINOLOGY & PENOLOGY-
CiteScore
2.30
自引率
0.00%
发文量
9
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