Substance Abuse And Mental Health Challenges - Core Triggers Of Juvenile Recidivism
Author: LawSphereX
Category: General Law
Published:
Updated:
SUBSTANCE ABUSE AND MENTAL HEALTH
CHALLENGES
CORE TRIGGERS OF JUVENILE RECIDIVISM
Simran Rauf, Jai Narain Vyas University
ABSTRACT
An endeavour aimed at exploring new potentiality and making a paradigm transformation in confronting challenges being faced by juveniles experiencing long term confining and detainment, primarily leading to reincarceration and reciprocal influence of major substance abuse on various mental health disorders.
This paper prospects the extent to which delinquency and mental illness co-occur, the cyclical relationship of untreated mental health disorders and substance abuse and how juvenile offenders frequently experience a complex interplay of psychological and behavioural issues which needs root policy level psycho social interventions including right to access information, prioritizing rehabilitation over punishment and right of children to give directions regarding specialised treatment according to their conditions, instead of just medical assistance and penalising them, which often lead them to a repetitive criminal behaviour. The Mental Health Care Act, 2017 significantly includes various detailed provisions providing rights of peoples with mental illness including rights of rehabilitation and rights to access information and healthcare facilities of their choice.
However, the application of these rights and principles appears to be restricted and under achieved as a truly child rights based mental health care system focusing on juvenile recidivism. So, by examining effectiveness of present interventions and treatment programs available to children, a possible way forward could be recommendations overcoming juvenile recidivism by creating guidelines about rights of these children, which are always considered as trivial. And how these shortcomings need to be addressed and applied in conjunction with the juvenile justice system involving a comprehensive right centred approach for juveniles struggling and experiencing mental health issues and drug abuse post detention and confinement at such tender age.
Keywords: Mental Health Illness, Substance Abuse, Reincarceration, Juvenile Justice System, Psychological and Behavioural Disorders, Psycho Social Interventions, Mental Health Care Act 2017.
JUVENILES
Generally, the concept of the term juvenile differs according to different countries. However, under most legal system and in India juvenile means those children who are below the age of eighteen years or who has not attained the age of majority. According to The Juvenile Justice (Care and Protection of Children) Act, 20001which defines Juvenile as a child or as a person under the age of 18. And as per the dictionary of Cambridge2- a juvenile is a person of young age who has not yet an adult. This is the major age bracket which is used to categorise whether the person shall be tried in juvenile or in ordinary court. Now the term ‘Juvenile’ is used in the context of a minor who has committed some crime of simple or grievous nature or those who are involved in legal issues or those who are part of juvenile justice system.
JUVENILE DELINQUENCY Juvenile delinquency generally refers to unlawful or unethical action or behaviour conducted by the person who is usually below the 18 years of age. Or children getting themselves engaged in criminal behaviour before attaining the age of 18 years are commonly referred as juvenile delinquents. According to the department of the justice3- Juvenile delinquency is a criminal offence or an action which is repetitive in nature and is committed by a young person who is below 18 years of age. Juvenile delinquency4 is often used in the context of juvenile justice system which is involved in dealing with cases related to juveniles indulged in unlawful activities. In other words, the concept of juvenile delinquency can said to be an extremely complex issue with its causes deeply rooted into various social, psychological and behavioural phenomena’s.
COMMON DISORDERS RESULTING FROM DETENTION AND CONFINEMENT The unnecessary burden on a child created by the society and peers has somewhere led them to follow a path which no one considers ethical. Mostly, the children belonging from lower class or children with poor financial background or children in child welfare institutions tends 1 Juvenile Justice (Care and Protection of Children) Act, No. 2 of 2000, s. 2(l) Acts of Parliament, 2016 (India) 2 Juvenile, Cambridge Dictionary, https://dictionary. cambridge. org/us/dictionary/english/juvenile (last visited Sept. 1, 2024). 3 Juvenile Delinquency, U. S. Dep’t of Just. , https://www. justice. gov/criminal-ceos/juvenile-delinquency (last visited Aug. 7, 2024).
4 M. I. Singhal, Juvenile Justice 45 (2023).
to involve more in juvenile justice system. Now there are various factors5 and consequences on the children who are getting involved6 with juveniles justice system, these are socio economic factors, parents having criminal background, adverse health disorders such as excessive aggression, education of youth, sleeping at odd hours, eating less or completely not, disruption of social connection with loved ones, their families and also difficulty in using various employment opportunities, sometimes it is because of not getting enough medical assistance by trained health professionals. But these are some of the consequences which can be made good with certain form of interventions and medications. The other severe consequences which generally occur for the children getting confined and detained for a longer period of time are various behavioural, mental and antisocial disorders.
Among which high rates are of children getting involved in violent acts, abusive activities and commission of suicides. Some common disorders are mentioned below:- PREVALENCE OF SUBSTANCE ABUSE: The most common and most immoral activity prevalent among youngsters, and in which they are involved is substance abuse. For children who are delinquents are majorly prone to substance abuse as this is the easiest way found by them to get rid of their problems. This plays a major role and puts a negative impact on a child’s attitude, his behaviour and his mind. Substance abuse could be overdose of any prescription whether medicinal or not, alcohol or intake of any substance in legal and illegal manner. Substances such as heroine, marijuana, cocaine and over the counter medicines. These substances usually derivates these children from their senses of understanding.
Generally, substance abuse differs according to addiction, for some people it is easy to quit whereas it can become disease for people who are unable to quit it even though its continuous negative effects keeps on happening7. MENTAL HEALTH ILLNESS: Various factors such as socio -economic condition, financial background, criminal background, child trauma plays a pivotal role in causing mental illness among children indulged in criminal justice system. Majorly these children are those who has suffered major negligence and brutality in their entire lives and this somehow has led them to 5 N. Nicewicz, 7 Factors Leading to Juvenile Delinquency, Nicewicz Law, https://www. nicewicz. com/blog/7factors-leading-to-juvenile-delinquency/ (last visited Sept. 7, 2024).
6 Khushali Singh, Juvenile Delinquency: Causes, Effects, Prevention, and Rehabilitation, Legal Service India, https://legalserviceindia. com/legal/article-7605-juvenile-delinquency-causes-effects-prevention-andrehabilitation. html (last visited Aug 24, 2024).
7 Michael E. Kraut, Juvenile Crime and Substance Abuse, Los Angeles Criminal Lawyer,
https://childsafety. losangelescriminallawyer. pro/juvenile-crime-and-substance-abuse. html (last visited Sept. 1, 2024). become a delinquent because of untreated mental health illness. Although there are correctional facilities and various medical assistance provided free of cost by the government, but the ultimate reality of these is always questionable. There are very lesser number of states who has awareness programs regarding mental health awareness8. There is no separate cell in prisons where mental illness issues could be addressed not even adults can access such facilities. The environment of the prisons is always horrific enough to even survive9. As adolescence is a crucial phase of life and growth as well.
Children at this age are always fragile and innocent to corruption and their physical changes, psychological changes, social changes within their body, their mind and their surroundings always overpowers their mature thinking and decision making in them. SOCIAL FACTORS: Delinquency appears to be most widely spread social issue which have significant effect on ever increasing recidivism10. Competitive nature of the society always causes children to adopt negative changes in them by virtue of getting unnecessary stress and burden in their mind and then ultimately hindering their growth and psychosocial development. The children who specially received maltreatment at early age becomes great victims of recidivism. Social factor plays a very important role in negatively impacting the behavioural aspect of the children.
Children mostly become aggressive, they become very rude and even self-harming up to the level of committing suicide. JUVENILE RECIDIVISM: The concept as led down by the Criminal Jurisprudence – Juvenile Recidivism generally means reoccurring or falling back which means tendency of a delinquent who is not an adult person, to re-offend or to get himself involved in any of the criminal activities again even after receiving the required punishment and assistance for previous crime11. It means a minor’s imprisonment or conviction for a new offence which is committed by him or her after serving a prior incarceration. Incarceration has significant effect on youngsters, ultimately pushing them into recidivism. As these children are exposed to hardened criminal at such young and sensitive age who somehow encourage them into recidivism and to commit crime more often.
8 Juvenile Justice System, SCConline, https://www. scconline. com/blog/post/2021/06/05/juvenile-justice-system/ (last visited Sept. 2, 2024).
9 Mental Health Care Act, 2000, No. 14 of 2000, S. 8, Acts of Parliament, 2000 (India).
10 Mental Health Care Act, 2017, No. 10 of 2017, S. 2(x), Acts of Parliament, 2017 (India).
11 Juvenile Delinquency
Causes, Prevention, and the Ways Of, Penal Reform International, https://www.penalreform.org/blog/juvenile-delinquency-causes-prevention-and-the-ways-of/ (last visited Sept. 8, 2024).
Once incarcerated the factor which plays a pivotal role in recidivism is the stereotype among the society. The youngsters are treated with massive hatred, judgements and negative thinking therefore making their lives even more complex and vulnerable and ultimately, they fall into the dark pit of committing crimes again. INDULGENCE IN ANTI SOCIAL ELEMENTS LIKE PROSTITUTION AND SMUGGLING: Another important factor leading to juvenile recidivism is disintegration of family structure and negative family dynamics which always has significant contribution in the increasing criminal behaviour of a children. They feel deserted by their own families and then Those destituted or deserted juveniles are brutally forced to migrate into slums and then violently forced to get themselves indulged in various heinous anti-social elements like prostitution and smuggling of drugs and narcotics.
The reason behind this is, these gangs know it is very difficult to make a juvenile confess about these crimes which helps these gang leaders not to get caught by respective authorities. Sometimes children even join these gangs voluntarily because of monetary benefits they get out of these activities which further help them to abuse various drugs and alcohols INTER-REALTIONSHIP BETWEEN BEHAVIOURAL HEALTH ISSUES AND RECIDIVISM The relationship between both recidivism and behavioural health issues is significant particularly in the context of juvenile recidivism as it is about those factors only, which plays a critical role in driving criminal behaviour, and when these are left unaddressed, there is likelihood of children to reoffend even after getting released from prison with getting enough required facilities of intervention and rehabilitation.
Once a juvenile is indulged in the criminal system, issues regarding their behavioural health proliferate by the experience of detention, confinement cells and criminal atmosphere around them. UNTREATED DISORDERS LEADING TO BEHAVIOURAL DISINTEGRATION: Juvenile with untreated and undiagnosed mental health disorders like PTSD, Depression, Anxiety, ADHD which usually effect the behavioural patterns of a person because having these disorders it becomes very difficult to socialise like normal people also with the extreme level of frustration and impulsive behaviour which usually affect the juvenile’s ability to regulate emotions and being unable to differentiate between right and wrong and being disabled with power to make decisions increases the chances of getting involved in recidivism.
RESISTANCE TO CHANGES DUE TO INADEQUATE SUPPORT: Juveniles having behavioural health issues often resist changes initially because of their needs not getting addressed by the traditional rehabilitation programs, than by difficulty following through with their probational requirements, the increased difficulty level in participating in therapy or community programs. Juveniles struggle to get themselves engaged in these programs and gradually their mind and body stops recognising impacts of their actions and they become so hopeless that instead of improving their present situation they bend towards criminal behaviour12. Recidivist are mostly those young adults who has not graduated the high school.
They tend to have unstable behavioural issues before reincarceration and sometimes the reason being they raised or looked after by families who are not their natural or biological family/parents. Children having criminal history whether related to revocation or parole or of probation within juvenile justice system are more likely to reincarcerate as compared to those with no criminal history. Increasing higher rates of Recidivism are often from poor institutional adjustment and lack of professional medical assistance like psychosocial therapies and various other professional interventions due to which the chances of youngsters getting involved in recidivism increase.
INTERVENTION PROGRAMS AVAILABLE IN INDIA AT PRESENT TO HALT JUVENILE RECIDIVISM MENTAL HEALTH CARE ACT, 2017 This legislation significantly aims at addressing and creating mental health awareness among people including children, where it provides multiple rights, safeguards and intervention programs so to control the mental health disorders which is one of the core factors that derives the juvenile recidivism and often lead them to continue the same. KEY INTERVENTIONS PROVIDED BY THE ACT
Community based intervention – The act provides and promotes deinstitutionalisation
12 Shubham Dutta, Prevention and Control of Juvenile Delinquency in India
A Need to Re-Look at the Loopholes in the Laws Dealing with Juvenile Delinquency, Int’l J. of Aca. Legal Res. , https://ijalr. in/volume- 3/issue-1/prevention-and-control-of-juvenile-delinquency-in-india-a-need-to-re-look-at-the-loopholes-in-thelaws-dealing-with-juvenile-delinquency-by-shubham-dutta/ (last visited Sept. 8, 2024). through development of community-based intervention which are accessible to all including children13. This provides various counselling and rehabilitation programs so to provide those who are suffering from mental disorder, an environment within the community instead of stuffing them into isolation facilities. • Suicide prevention – the act decriminalised the suicide attempts. As it puts more emphasis on treatment and assistance rather than punishment.
This provision particularly focuses on children who are active in self-harming and maintains suicidal behaviour. • Juvenile Justice Boards- these boards are responsible for dealing cases of juvenile offenders. Instead of convicting them with incarceration, these boards get those juveniles enrolled into educational program, community service programs which are clearly effective alternatives of detainment. OTHER PROGRAMS AND SCHEMES TO REDUCE JUVENILE RECIDIVISM -
INTEGRATED CHILD PROTECTION SCHEME – A government initiative, ICPS is a scheme launched by the ministry of Women and Child development, which provides protective and rehabilitative services to children in conflict with law and those who are struggling. This scheme helps these children by providing various vocational programs for institutionalisation of children and get them familiar with how normal life can be. • TATA INSTITUTE OF SOCIAL SCIENCES – A non -governmental organisation TISS, provides and supervises various rehabilitation programs to reduce and stop juvenile recidivism by providing psychosocial intervention and regulates involvement of children in various therapeutic activities. • PRAYAS – Prayas is Mumbai based NGO that works with children who are delinquents. The organisation aims to uplift and support juveniles by providing educational and health care facilities.
The main aim of this organisation is to reduce
13 Shimpi Gera, “Juvenile Delinquency and Law a socio legal study with special reference to
India”, Shodhganga 2 (2018) available at: https://shodhganga. inflibnet. ac. in/bitstream/10603/269950/9/09_chapter%201. pdf (last visited on August 21, 2024, 06:42 PM). juvenile recidivism by generating economic opportunities for them for a better and secure future. • BUTTERFLIES- A Delhi based NGO working to reduce and prevent juvenile delinquency by providing them skill education, various vocational training and healthcare facilities so to secure them a better future. THE GAP BETWEEN THEIR IMPLEMENTATION AND EFFECTIVENESS Despite all these intervention programs and schemes launched by the government, the actual reduction of juvenile recidivism remains at par because of various ongoing challenges such as limited resources, lack of awareness and lack of competent therapists.
As providing high quality support to these vulnerable children who are indeed in conflict with the law is very crucial. But because of ever-growing socio-economic disparities which do not affords any kind of co - ordination among various stakeholders again leads back to the very problem of reducing juvenile recidivism14 which is far from its success15. There are major efforts that are being done by the Mental Health Care Protection Act, 2017 in which significant right based approach is used considering the sensitivity level of the juvenile but then again, the challenges within the act remains behind in its implementation. Following are the implementational gaps and their potential impact which are completely different from what was contemplated by the act.
SHORTAGE OF RESOURCES – one of the significant challenge India faces is the severe shortage of resources and funds specially allocated in developing facilities for juveniles so to ameliorate the situation of juvenile recidivism. Because insufficient or limited funding leads to overcrowded facilities, lack of good infrastructure, lack of trained personnels, limited access to education and study materials, understaffing of metal health care professionals and as a result many juveniles in detention remains untreated and then they resort to re-offend, reason being ineffective implementation of right based approach provided by the Act. SOCIAL STIGMA AND CULTURAL BARRIERS- despite various social, cultural integration programs and various community engagement facilities provided by the Act, its actual 14 Recidivism, Nat’l Inst. of Just. , https://nij. ojp.
gov/topics/corrections/recidivism (last visited Sept. 8, 2024). 15 Juvenile Justice (Care and Protection of Children) Act, 2015, No. 2 of 2016, S. 3, Acts of Parliament, 2016 (India). effectiveness remains far behind, as fostering the support of the society is very difficult for juveniles who has offended once, people form pre mature perceptions in their minds about these people which the Act itself is struggling to answer due to prevalence of social stigma in country like India. This stigma prevents early intervention due to which juveniles face bullying, isolation and lack of acceptance from society and they eventually resort to recidivism. REINTEGRATION BARRIERS- Reintegrating juveniles with the society is often impeded by the discrimination, perceptions and not providing them access to education and vocational activities.
Overcoming reintegration barriers are important and crucial for the proper implementation of the respective legislation. And the rehabilitation programs need to confront these challenges by facilitating community engagement and fostering a pragmatic attitude towards juvenile offenders. INADEQUATE CO-ORDINATION WITH STAKEHOLDERS- The limited and unsuccessful implementation of the act continues because of lack of coordination and integration with other health care system, justice systems or community organisation. Restricted communication and data sharing between other organisations like governmental agencies, non-governmental agencies, schools, colleges and other service providing agencies leads to disengaged and fragmented services. A fraternized approach involving all pertinent stakeholders is essential to ensure an exhaustive and coordinated spectrum of care for juvenile offenders.
LACK OF CONTINUOUS LONG TERM FOLLOW UPS AND SUPPORT- Another notable constraint is the lack of support and of long term follow ups with the juvenile offenders who has just completed their detention in the rehabilitation programs. Without continuous support and follow up, these juveniles struggle to maintain positive outlook and behaviour impacting the effectiveness of the interventions. They face resistance from society to access education and employment. So continuous after care programs and support is important to ensure victorious transformation and decrease the risk of recidivism. REFORMS AND STRATEGIES SUGGESTED FOR EARLY INTERVENTION Generally, the Youth participating in various juvenile awareness programs are more likely to commit offences or re-offend in the future than adjudicated youth.
That is why rates of recidivism are higher on an average basis of juveniles who participates in these programs as compared to those who goes through regular case proceeding. Because these juvenile awareness programs are extremely ineffective and potentially harmful16. Here are some strategies suggested for early intervention. As these intervention strategies and treatment programs have broader goals of preventing crimes and reducing recidivism by providing customised treatment programs according to the needs of the patient whosoever has committed the crime.
1 COGNITIVE BEHAVIOURAL THERAPY
CBT or cognitive behavioural therapy is considered to be one of the best problem focused therapies which completely works on therapeutic approach. This therapy attempts to help people identify and change their social competencies, their dysfunctional beliefs, thoughts and patterns which are affecting their behavioural functions. Now these CBT programs are given in various settings such as to juvenile in detention facilities. One of the variants of the cognitive behavioural therapy program is that it specifically focuses on children and adolescents who has anger related issues or those who are very impulsive, so this helps them to reduce and manage their aggression and anger expression and further it inculcates among youngsters to how to manage stress, regulate self-control. 2.
MULTISYSTEMIC THERAPY: Multisystemic Therapy17 is a family and communitybased therapy which reduces recidivism among juveniles and their total number of days of incarceration as well. This therapy addresses multiple causes like juveniles having criminal history or those who are serious anti-social youngsters, delinquents or all those having anti-social problematic behaviour. Multisystemic therapy or MST programmes targets to improve the real-world functioning of the youngsters, by changing their natural settings like home, school and their neighbourhoods in ways that promote prosocial behaviour while decreasing antisocial behaviour. In this therapy, the therapists work with youngsters mainly addresses the very cause of delinquency on a comprehensive individualised basis.
3 INTENSIVE SUPERVISION PROGRAMS
the practice of intensive supervision programs for juveniles has far more effective results than as compared to tradition
16 Five Things About Juvenile Delinquency Intervention and Treatment, Nat’l Inst. of Just.,
https://nij.ojp.gov/topics/articles/five-things-about-juvenile-delinquency-intervention-and-treatment (last visited Sept. 8, 2024).
17 Program Summary
Family Group Conferencing, Crimesolutions.gov, https://crimesolutions.ojp.gov/ratedprograms/192 (last visited Sept. 8, 2024). community supervision programs because these intensive supervision programs primarily work for these three features18 - first is smaller load of cases will be given to a juvenile probational officer. Second is there shall be more frequent one on one contact of the professionals with the juveniles and third is strict condition of compliance shall be put on juveniles in case of violation and stiffer penalties shall be imposed if any of the rules and regulation of the program are violated. Another important aspect of the intensive supervision programs is, juveniles are being supported to participate in various tutoring programs, counselling programs and job trainings are also provided to these juveniles so to inculcate in them a sense of responsibility.
4 RESIDENTIAL DRUG TREATMENT PROGRAMS
Incarceration based therapeutic communities provide and specialised and comprehensive residential drug treatment program are given to juveniles in detention who has substance use disorders or illness regarding the same19. These therapeutic communities are designed to foster changes in the behavioural habits of the juvenile, their attitude regarding their actions, these programs mend their decision-making abilities so that they can differentiate between rightful and wrongful. These programs change the very perceptions of these juveniles regarding substance use and make them realise how good life can be far away from these self- harming activities. 5. FUNCTIONAL FAMILY THERAPY: FFT20 or Functional family therapy is a shortterm family-based intervention therapy for young people who are delinquents at risk of institutionalisation.
The main aim of this therapy is to improve family communication and attribution so to increase supportiveness within and to decrease intense negativity and impulsive behavioural patterns. This therapy is mainly designed to change the maladaptive emotional reactions of juveniles by a team of master level therapists together with support system services like family education, awareness programs etc. In this therapy program once a juvenile who has completed his therapy is provided with 18 Intensive Supervision Programs, Nat’l Inst. of Just. , https://nij. ojp. gov/taxonomy/term/intensive-supervisionprograms (last visited Sept. 1, 2024). 19 Residential Treatment, American Addiction Centres, https://americanaddictioncenters. org/rehabguide/Residential (last visited Sept. 1, 2024).
20 Tailored Functional Family Therapy Program Shows Promise for Reducing Subsequent Criminal Activity in a Population at High Risk for Joining Gangs, Nat’l Inst. of Just. , https://nij. ojp. gov/topics/articles/tailoredfunctional-family-therapy-program-shows-promise-reducing-subsequent (last visited Sept. 1, 2024). tracking gadget, which keeps the track of their activities for at least three months after the completion of the therapy.
6 AGGRESSION REPLACEMENT TRAINING
ART or aggression replacement training is a three-fold component program which focuses on the young male juvenile offenders to control aggression and to promote higher level of moral reasoning among them21. The three components in this training are teaching pro social behaviour, anger management, and moral education. Together these components develop concrete technic to repel anti-social reactions and promotes prosocial behaviour among the youngsters. In this training programs the core components need at least ten multiple sessions in each component so to make the features inherent among the juveniles.
7. BULLYING PREVENTION PROGRAM- one of the very common phenomena
triggering the youngsters to re-offend is the bullying which itself is done by the people of the same age group. Now bullying prevention programs is a school-based program to prevent bullying among children of age between 10 to 1422. It includes carrying out a bullying survey along with formation of several bullying prevention committee or group so to stop the same. This program also suggests one on one meeting of the both victim and bullies separately by the specialised member of the committee. This program suggests regular class discussions and activities to be followed by children by strictly adhering to the rules and regulations of anti-bullying committee. This kind of program may help the juvenile delinquent to not to reoffend just because of some random bullying because for prevention of the same this program provides for.
CONCLUSION
It has become very crucial to figure out the factors which ultimately leads to recidivism. These factors could only be ameliorated if the rehabilitation and intervention programs are developed enough, ensuring equal implementation with its actual effectiveness. Regardless of all the challenges faced there are set of circumstances which could help improve the impact of various rehabilitation programs provided to delinquents through a comprehensive and right based approach to reduce the juvenile recidivism. By dispensing personalised juvenile delinquency 21 Programs: Gang Reduction Program, Nat’l Gang Ctr. , https://nationalgangcenter. ojp. gov/spt/Programs/7 (last visited Sept. 8, 2024). 22 Making Schools Safe for Students, Nat’l Inst. of Just. , https://nij. ojp. gov/topics/articles/making-schools-safestudents (last visited Sept. 2. 2024).
interventions and individualised treatment programs, confronting factors that are impacting programs effectiveness like socio economic factors, psychosocial factors, vocational benefits, can improve the results targeted for reducing juvenile recidivism. Additionally, more emphasis on strategies suggesting early intervention, vigorous evaluation programs, behavioural therapies, after care programs, all these and various policies related to these can enhance and make better the life for juvenile delinquents.
With this, Mental Health Care Act’s ability to effectively protect and promote the well-being of juveniles could be strengthened by multidisciplinary approach, and collaborative efforts by all governmental and private organisations providing mental health care facilities so to constructively reduce the juvenile recidivism and efficaciously confront the needs and requirements of juvenile offenders to direct them to an appreciable future.