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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
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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
ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL
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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
ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL
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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 &
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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,
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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
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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.
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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
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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
ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL
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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,
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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).
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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
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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
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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.
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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.
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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)
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(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
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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.
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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
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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.
ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL
SYSTEM 21
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.
NeMoyer, A., Goldstein, N. S., McKitten, R. L., Prelic, A., Ebbecke, J., Foster, E., & Burkard,
C. (2014). Predictors of juveniles’ noncompliance with probation requirements. Law And
Human Behavior, 38(6), 580-591. doi:10.1037/lhb0000083
ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL
SYSTEM 22
Robinson, B. A., Winiarski, D. A., Brennan, P. A., Foster, S. L., Cunningham, P. B., &
Whitmore, E. A. (2015). Social context, parental monitoring, and multisystemic therapy
outcomes. Psychotherapy, 52(1), 103-110. doi:10.1037/a0037948
Rosnow, R. L., & Rosenthal, R. (2008). Beginning Behavioral Research (6th ed). Upper Saddle
River, NJ: Peason.
Rulison, K. L., Kreager, D. A., & Osgood, D. W. (2014). Delinquency and peer acceptance in
adolescence: A within-person test of Moffitt’s hypotheses. Developmental Psychology,
50(11), 2437-2448. doi:10.1037/a0037966
Taylor, J. J., Grant, K. E., Amrhein, K., Carter, J. S., Farahmand, F., Harrison, A., & ... Katz, B.
N. (2014). The manifestation of depression in the context of urban poverty: A factor
analysis of the Children’s Depression Inventory in low-income urban youth.
Psychological Assessment, 26(4), 1317-1332. doi:10.1037/a0037435

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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 1 Advocating for the Extension of Psychological Treatment in the Juvenile Legal System Weston Corbitt Southern New Hampshire University
  • 2. 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
  • 3. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 3 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
  • 4. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 4 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 &
  • 5. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 5 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,
  • 6. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 6 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
  • 7. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 7 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.
  • 8. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 8 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
  • 9. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 9 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
  • 10. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 10 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,
  • 11. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 11 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).
  • 12. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 12 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
  • 13. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 13 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
  • 14. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 14 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.
  • 15. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 15 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.
  • 16. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 16 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)
  • 17. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 17 (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
  • 18. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 18 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.
  • 19. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 19 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
  • 20. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 20 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.
  • 21. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 21 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. NeMoyer, A., Goldstein, N. S., McKitten, R. L., Prelic, A., Ebbecke, J., Foster, E., & Burkard, C. (2014). Predictors of juveniles’ noncompliance with probation requirements. Law And Human Behavior, 38(6), 580-591. doi:10.1037/lhb0000083
  • 22. ADVOCATING FOR THE EXTENSION OF TREATMENT IN THE JUVENILE LEGAL SYSTEM 22 Robinson, B. A., Winiarski, D. A., Brennan, P. A., Foster, S. L., Cunningham, P. B., & Whitmore, E. A. (2015). Social context, parental monitoring, and multisystemic therapy outcomes. Psychotherapy, 52(1), 103-110. doi:10.1037/a0037948 Rosnow, R. L., & Rosenthal, R. (2008). Beginning Behavioral Research (6th ed). Upper Saddle River, NJ: Peason. Rulison, K. L., Kreager, D. A., & Osgood, D. W. (2014). Delinquency and peer acceptance in adolescence: A within-person test of Moffitt’s hypotheses. Developmental Psychology, 50(11), 2437-2448. doi:10.1037/a0037966 Taylor, J. J., Grant, K. E., Amrhein, K., Carter, J. S., Farahmand, F., Harrison, A., & ... Katz, B. N. (2014). The manifestation of depression in the context of urban poverty: A factor analysis of the Children’s Depression Inventory in low-income urban youth. Psychological Assessment, 26(4), 1317-1332. doi:10.1037/a0037435