Examining the unique considerations and approaches in assessing the psychological factors influencing juvenile delinquency and rehabilitation.
According to the Juvenile Justice (Care and Protection of Children) Act, 2015, a ‘juvenile’ is a child below the age of eighteen years. However, the age at which the child will be held criminally responsible differs. Section 20 of Bhartiya Nyaya Sanhita, 2023, states that nothing is an offense done by a child under the age of 7, which makes seven years the minimum age of criminal responsibility. The law goes on to state that nothing is an offense if done by a child between the ages of 7 and 12 years, provided the child is incapable of knowing the gravity of the offense and is not mature enough to understand the consequences of their action.
Multiple variables could contribute to delinquency in children, including changing lifestyles, lack of support from parents, drug exposure, etc. Different theories explain criminal tendencies in children.
According to the psychoanalytic theory, criminal behaviour in juveniles is the result of unresolved instincts and drives. The psychoanalytic concept of criminality was first applied in 1935 by August Aichhorn. According to the rational choice theory, delinquents are driven by rational self-interest. This theory is one of the classical criminological theories that rely on the idea that the crimes lie within the offender and not in the external environment. This theory focuses on free choice and personal responsibility. Some studies have observed that self-esteem plays a vital role in deviant behaviour. Children with low self-esteem have a negative view of the world and themselves, leading to frustration. Undiagnosed mental health issues and trauma can also lead children towards deviant behaviour. Some studies have shown that almost 70 % of the juveniles coming in contact with a juvenile justice contact point suffer from one or the other mental health issues and have a diagnosable mental health problem. Some of the common problems include Attention Deficit Hyperactivity Disorder (ADHD), Substance abuse, Anxiety disorder, mood disorders, schizophrenia, etc. Some children may also enter the world of crime due to a variety of risk factors, including peers who encourage and demand anti-social behaviours, poor or abusive family conditions, media factors, etc.
A juvenile offender, also commonly referred to as the child in conflict with the law, is a child below the age of eighteen years who commits an offense. However, sometimes, the juvenile or the child commits a heinous crime. Under such circumstances, the law in India allows the child to be tried as an adult after a preliminary assessment. The court assumes that if the child has the physical and mental capacity to commit a heinous crime while able to comprehend the grave consequences, then they can be tried as an adult with the maximum punishment given as life imprisonment with no chance of parole. However, several studies have shown that children who enter the adult system due to the crime they committed remain in the cycle of crime for most of their remaining lives. The adult system, in comparison to the juvenile homes, provides harsher conditions and fewer chances of rehabilitation. Many countries have implemented psychological assessments of juveniles to combat this issue, and it plays an essential role in the Juvenile Justice System. These psychological assessments are called forensic assessments and are different from clinical assessments. In the clinical assessment, the clients participate voluntarily, and the clinicians are empathetic and supportive, whereas the court orders a forensic assessment, and thus, the client cannot refuse participation. In a forensic setting, the examiner must be neutral as their client is the court, not the examinee.
The forensic assessment of children in conflict with the law is done keeping two factors in mind-
- Mental Health of the offender
- Risk of reoffending
Over the years, several countries have established different assessment programs for juveniles to gather various information. Some of these include-
1. Risk Assessment
The purpose of these assessments is to make some important decisions for juvenile justice. They are used to determine whether or not the juvenile is at risk of reoffending. These assessments also help the juvenile justice board make decisions about the sentencing of the juvenile, whether or not the child should be tried as an adult and the possibility of parole or probation. Risk assessment also helps to understand the treatment needs of the child. Different countries use different risk assessments.
2. Mental Assessment
Mental assessment aims to screen the child’s mental health in the juvenile justice system. These assessments provide the justice board with information regarding the mental state of the child, including the risk of suicide, aggression, etc. Mental Assessment is essential for children put in juvenile homes or enter the juvenile justice system as the conditions are harsher, and the child may be vulnerable at this stage. These assessments provide the justice system with a better understanding of the child’s potential risks and psychiatric diagnosis.
3. Drug Assessment
Several countries realise that there is a correlation between recidivism and drug dependency, especially in the case of children in conflict with the law. These countries make use of drug assessments in an early stage for screening to divert young people from the juvenile justice system.
Given that children below the age of 18 years are at the early stage of mental development, it is essential to treat them with utmost care and diligence once they enter the juvenile justice system. Mental and Risk assessments are critical to understanding the risk that the child in conflict with the law possesses and the mental condition that the child is in. It is essential to know that a child might be of unsound mind, and instead of teaching them a lesson, it is far more necessary to make them understand the gravity of their actions and the difference between right and wrong. Early identification of the problems may reduce the recidivism rate in the children and increase the chances of better reintegration in society.
References-
- https://cara.wcd.gov.in/PDF/JJ%20act%202015.pdf
- BNS2023
- https://www.haqcrc.org/wp-content/uploads/2021/06/haq-group-report-1.pdf
- https://timesofindia.indiatimes.com/blogs/developing-contemporary-india/why-preliminary-assessment-is-against-the-idea-of-juvenile-justice/?source=app&frmapp=yes
- https://www.napsindia.org/wp-content/uploads/2021/VOL-14-2/july-2021/Psychological%20and%20Theoretical%20Perspectives%20on%20Juvenile%20Delinquency.pdf
Authored by:
Prashansa Tripathi
Prashansa Tripathi is a Researcher and Forensic Psychologist with a master’s degree in Forensic Psychology and two years of experience. She is dedicated to making forensic psychology accessible to all and is particularly interested in deception and the neuropsychology of truth-telling. Outside of work, she enjoys reading, writing, and exploring nature.
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