Kristin C. Thompson

Learning and Emotional Disabilities

Research has consistently confirmed the relationship between low academic achievement and juvenile delinquency. Consistent with these reports of academic difficulties, research has found that a high percentage of juvenile delinquents in comparison to their nondelinquent peers qualify for special education services under the IDEIA. While currently less than 10 % of students in the general population receive special education services for an educational disability, studies have found estimates ranging from 40 to 75 % of juvenile delinquency samples having an educational disability. There are 13 major disability categories recognized by the IDEIA under which a student may qualify for special education services. This chapter discusses the most common educational disabilities identified in the juvenile delinquency population, namely, specific learning disability and emotional disability. The diagnostic features of each educational disability are discussed, as well as common interventions. Finally, the chapter discusses the implications that these disabilities can have on social, emotional, and behavioral functioning, as well as the implications of the relationship between juvenile delinquency and educational disabilities.

Juvenile Delinquency and Disability

Although the juvenile justice system has made considerable progress over the past century in understanding the developmental differences and implications of juvenile delinquency versus adult criminal behavior, society and the legal system have been slower to acknowledge and respond to potential issues related to juvenile offenders with educational, developmental, mental health, or other disabilities. Over the past few decades, there has been an increase in policy and laws that have worked to better protect the rights of both juvenile and adult offenders with disability. However, learning, understanding, and implementing changes that address issues related to the implications these disabilities may have on how a delinquent functions within the juvenile justice system have lagged. This chapter provides an introduction to issues related to the discussion of juvenile delinquency and disability. General information is provided regarding the prevalence and incidence of various disabilities found among the juvenile delinquency population, as well as theories as to why there is such a high incidence of disabilities in youth in the juvenile justice system.

Ethical and Professional Practice Issues in the Provision of Educational Services to Gifted Students

Using ethical principles for psychologists and school psychologists as a guideline, this chapter discusses the ethical and professional practice issues that may arise when providing educational services to gifted children. Issues related to the varying definitions of “giftedness” and their impact on the identification of gifted children are discussed, as well as considerations for reliable and valid assessments of gifted children. Also included is a discussion of ethical and professional issues to consider when deciding on the most appropriate educational placement for gifted students, given that contemporary definitions of giftedness may not be consistent with a school’s curriculum for gifted students.

Oppositional Defiant Disorder

This chapter provides background on ODD and the presentation of symptoms needed for one to qualify for a diagnosis under the Diagnostic and Statistical Manual of Mental Disorders – Fifth Edition (DSM-5). In addition, this chapter provides information on the etiology of the disorder, developmental progression and presentation, and comorbid conditions that often exist in children and adolescents with ODD. The difficulties and impairments often observed are also discussed, as well as issues related to the treatment of ODD.

Theories of Juvenile Delinquency

This chapter provides an overview of the major theories that attempt to explain the etiology of juvenile delinquency. Philosophers and researchers have tried to explain the causes of juvenile delinquency since early Greek and Roman times, with theories ranging from a simple and straightforward rationale that indicates that a juvenile makes a rational choice to commit an illegal act to biologically based theories that maintain that certain youth have genetic or biological predispositions toward engaging in delinquent behaviors. The major theoretical perspectives regarding juvenile delinquency are discussed in this chapter, including classical theories, psychological theories, sociological theories, control theories, biological theories, and labeling theories. There is some empirical evidence to support various theories; however, few, if any, theories account for the complexity observed among juvenile offenders and the variety of risk factors found to be associated with delinquency and recidivism. In addition, few theories address the impact that cognitive, developmental, educational, and/or mental health disabilities may have on youth who engage in illegal acts. Nevertheless, theoretical explanations of juvenile delinquency are still important to consider when assessing a juvenile’s risk for reoffending, when conducting research on causal factors, and when developing empirically based intervention and prevention programs for at-risk and delinquent youth since such theories provide hypotheses regarding possible factors that contribute to juvenile delinquency.

Mental Health Disorders

This chapter provides an overview of mental health disorders. Definitional issues are addressed, as well as the DSM-5 and how it is used to diagnose mental health disorders. These disorders have been estimated to occur in approximately 21 % of youth in the general population between 9 and 17 years of age; however, among the juvenile delinquency population, there have been estimates as high as 75 % regarding those who meet the criteria for a mental health disorder. The relationship between juvenile delinquency and mental health disorders is also discussed.

Introduction and Overview of Book

This chapter provides a brief introduction to the high prevalence of disabilities among juvenile offenders and why it is important for those working in the juvenile justice system to have an understanding of the relationship between delinquency and disability. A sample case of a delinquent with an intellectual disability is provided. This case includes a discussion on how the youth’s disability negatively impacted his ability to respond to court procedures and related interventions, as well as related difficulties experienced by the court when processing the youth in the juvenile court system. The main purpose and overview of the book is also provided.

Anxiety and Trauma-Related Disorders

Like most other mental health disorders, anxiety-related disorders have been found to be more common among juvenile offenders than in children and adolescents in the general population. This is particularly true for post-traumatic stress disorder, which is to be expected given that the majority of youth offenders have been exposed to violence, abuse, or trauma at some point during their childhood or adolescence. Over the last decade, research has increasingly demonstrated the high rates of trauma-related histories and symptoms among juvenile delinquency population, and evidence increasingly suggests that it may have a causal relationship with delinquency and need to be treated accordingly in order to help promote long-term success for these youth. This chapter provides background information on generalized anxiety disorder and its presence among the youth offender population, but it focuses on the relationship between trauma-related disorders (i.e., post-traumatic stress disorder) and juvenile delinquency. Diagnostic criteria are provided, as well as implications on functioning and how this may relate to the strong relationship between post-traumatic stress disorder and repeat offending. The impact that anxiety-related disorders may have on risk assessment and competency is also discussed.

Characteristics of Juvenile Delinquents

In the late 1980s and early 1990s, the number of juvenile arrests in the United States peaked at over two million arrests, particularly for violent crimes. While juvenile crime rates have declined since this time, in 2010 there were still nearly 1.6 million arrests of juveniles. This chapter provides background information on the prevalence and incidence of delinquency and related statistics, and it also discusses the characteristics and risk factors that research has found to be associated with delinquency. Juvenile offenders are a heterogeneous, complex group; nevertheless, research has identified several common characteristics found in this population. In addition, research has identified characteristics that appear to some youth at a greater risk of delinquency and reoffending. The various risk factors discussed include sex, ethnicity, cognitive functioning, socioeconomic status, family background, and disability.

History of the Juvenile Justice System

For several centuries, youth offenders were treated in a highly punitive manner, as they were managed concurrently with adult offenders, with little consideration given to their cognitive, emotional, or developmental immaturity. The first juvenile justice system was created in 1899, and it was a very separate entity from the adult system. The initial juvenile justice system ultimately led to a more rehabilitative approach to dealing with youth offenders as this system took into consideration a youth’s moral, intellectual, social, and emotional development and worked to treat and rehabilitate more than punish young offenders. More recently, the juvenile justice system has begun to mirror the adult system, both in terms of court processes, rights provided, and consequences subsumed. While this has been beneficial in that it provides more legal rights to juveniles, it has also resulted in a more punitive approach to dealing with juvenile offenders, with more youth being detained and more juveniles being transferred to adult courts. This chapter addresses the history of the juvenile justice system and how it has developed across the last two centuries and most notably the past few decades. A general overview of the processing of a juvenile through the juvenile justice system is provided in this chapter, as well as how the juvenile justice system compares to the adult criminal justice system. Concepts and definitions important in understanding juvenile delinquency are also provided, as well as relevant statutes and case law that have helped protect the rights of juvenile delinquents. In addition, considerations that may need to be taken into account when processing a youth with a disability in the juvenile justice system are provided, as well as an introduction to issues related to the implications that the symptoms and presentation of a disability may have on a youth offender’s level of risk for reoffending and related to a youth’s competency to stand trial.