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This report documents the results of a project carried out by the Minotauro, in cooperation with “Istituto Centrale di Formazione” ICF (the national staff training office of the Juvenile Justice Department) and Lombardy Juvenile Justice Centre. The primary objective of the project was to establish an exchange between psychologists, social workers and educators working within the Italian juvenile justice services, paving the way for an exchange at European level concerning the assessment of young offenders. The project was focused in particular on the psychologists working within a juvenile justice services, with the aim of assessing the objectives and methods of their work.
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I
The Assessment of Young Offenders within the
Juvenile Justice Services
Italian Ne twork for Young Offenders’ Assessment and
Treatment INYOAT
With financial support from the Prevention of and Fight Against Crime Programme. European
Commission – Directorate-General Justice, Freedom And Security GU L 58, 24.2.2007
Ministero della Giustizia Dipartimento Giustizia Minorile Centro per la Giustizia Minorile
per la Lombardia - Milano
Istituto Centrale di Formazione del Personale
1 dicembre 2010 The assessment of young offenders in juvenile justice services
II
September 2010 – Milan, ITALY
III
Preface
This report documents the results of a project carried out by the Minotauro,
in cooperation with “Istituto Centrale di Formazione” ICF (the national staff
training office of the Juvenile Justice Department) and Lombardy Juvenile
Justice Centre.
The primary objective of the project was to establish an exchange between
psychologists, social workers and educators working within the Italian
juvenile justice services, paving the way for an exchange at European level
concerning the assessment of young offenders.
The project was focused in particular on the psychologists working within a
juvenile justice services, with the aim of assessing the objectives and
methods of their work.
The project examined the following questions:
• How does psycho-social assessment guide the court’s decisions?
• What are the objectives of the psycho-social assessment (e.g.
screening, diagnosis, liability to prosecution, social dangerousness,
re-offending risk)?
IV
In order to answer such questions, the following activities were carried
out:
• A review of the literature on the psycho-social assessment carried
out in other European justice settings;
• Interviews with psychologists working in the Italian juvenile justice
services;
• National meetings between the managers of the Juvenile Justice
Services or other representatives of the services involved;
• Analysis of the reports provided by the juvenile justice services to
the court. The reports contain information about the young
person’s circumstances and aim to help the court to deliver a
suitable criminal response;
• The promote an exchange of practices and methods during
meetings between the psychologists working within the Italian
juvenile justice services;
• An international conference on assessment attended by
managers of the Juvenile Justice Services and representatives of
the services involved;
• The establishment of a mailing list for psychologists working
within the Juvenile Justice Systems, through with they can
exchanging information.
V
The results of this project are presented in this report. A book detailing
the assessment of young offenders will be published in Italy and is
currently in press.
The report is addressed to professionals working in the field and judges
delive
VI
Content
Document Development Gruop VII
1. Introduction 1 2. The Juvenile Justice System in Italy 11 3. Recent trends in criminal policies in Europe 19 4. The assessment carried out within the Juvenile Justice Services in Italy 25 5. The psychological work within the Juvenile Justice services 33
6. The assessment of antisocial behaviour within a developmental frame 65 7. Conclusions and perspectives 139 Bibliography 145
VII
Document development group
Alfio Maggiolini
Alessandra Ciceri
Cristina Colli
Mauro Di Lorenzo
Giovanna Kluzer
Carlo Trionfi
Cristina Saottini
Veronica Scuffi
Virginia Suigo
Minotauro is a social cooperative of psychologists, researchers and trainers. Minotauro was
founded in 1984. The president is Gustavo Pietropolli Charmet; its members are
psychologists, psychotherapists, researchers and trainers, sharing their research and
intervention experiences in institutional contexts and in clinical activity, in a common
framework highlighting the importance of affective symbolisation processes, and the
developmental dimension of psychological uneasiness. Theoretical approaches and
experienced interventions are listed and presented in different publications
(www.minotauro.it).
VIII
Istituto Centrale di Formazione
Cira Stefanelli
Maria Grazia Castorina
Bruno Costa
Elvira Narducci,
Giuseppe Mandalari
Antonella Zanfei
The Juvenile Justice Centre of Lombardy
Flavia Croce
The “Istituto Centrale di Formazione (ICF) (the national staff training office of the Juvenile
Justice Department) plans, organizes, carries out and evaluates training activities involving the
staff under the Ministry of Juvenile Justice
Juvenile justice centres are administrative decentralized agencies whose jurisdiction usually
covers the territory of several regions and appellate courts districts. Their functions are: technical
and financial planning, follow-up and supervision of juvenile justice services such as the offices of
youth social service, juvenile classification homes, juvenile detention detention centres and
residential communities.
1. Introduction
1
There has been a widespread pessimism about the treatment of young
offenders. The criminal response was considered to be largely ineffective.
Recently, the results of meta-analytic studies have shown that it is possible
to reduce re-offending. It has also been found that many antisocial
disorders can be treated and, contrary to all expectations, sufficiently
intensive and long treatment may also change psychopathic traits of
personality (McGuire, 1995; Salekin, 2010; Andrews, Bonta, 1998).
Early intervention with young offenders may prevent the development of a
criminal career. In order to deliver a programme effective in reducing the
risk of re- offending it is essential to assess the young person, his
environment and his deviant behaviour.
A psychological assessment of young people involved in criminal
proceedings may:
- address a psychological issue and highlight a possible psychopathology,
from a treatment-oriented perspective;
- include the family and the environment, in order to assess the risk and
protective factors
- focus on the risk of re-offending;
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- respond to specific questions delivered by the court, such as issues
concerning maturity/immaturity and social dangerousness
An assessments many focus on particular aspects depending on the
offence, the characteristics of the youth, the criminal context, the stage of
the trial and, the theoretical framework and the methods employed by the
professionals carrying out the assessment.
The most recent trends show that age and gender (male adolescence) are
risk factors for rule-breaking behaviours. From a developmental viewpoint,
they may represent a physiologic rule-breaking attitude. They may also
underpin behavioural disorders, antisocial personality disorders or other
psycho-pathologies. However, in some cases, they may also reveal a failure
of the family, the environment and/or the school to understand the youths'
developmental needs.
One developmental psychopathology approach (Cicchetti, Cohen, 1995;
Achenbach, 2001; Rutter, 1988) attributes importance to the environment,
and overcomes the idea that the adolescence “carries” a disorder. This
approach finds that antisocial behaviours start as the result of a negative
interaction between an individual’s developmental needs and the
environmental’s responses, where the representations of the individual
1. Introduction
3
concerning his needs and the responses from others to those needs,
become of paramount importance. This developmental psychopathology
approach found that antisocial behaviours may be the result of various
developmental paths which are open, at any time, to different
developmental paths.
As one of the main objectives of the criminal response, is to reduce re-
offending, it is necessary to understand which features of the young person
and his environment lead to a favourable prognosis. It is also necessary to
understand the relation between psychological objectives (e.g taking
responsibility, changing their developmental path) and objectives more
strictly related to a change in the antisocial behaviours. By conducting
individual assessments the juvenile justice services may prevent the
delivery of an unspecified provision to all young offenders.
Some offences may be related to specific mental health disorders, but
generally it is conduct disorder or antisocial personality disorder (DSM-IVR,
2000 that young offenders suffer from. However, within the juvenile justice
services, a diagnosis of a conduct disorder or antisocial personality
disorder, as specified by the DSM-IV R (a condition characterized by
persistent disregard for, and violation of, the rights of others that begins in
childhood or early adolescence and continues into adulthood) does not
seem sufficiently specific.
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Prevention and Fight Against Crime 2007
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A systematic survey of young offenders’ mental health issues paves the way
for an understanding of effective practice within the Italian juvenile justice
services.
The criminal response does not only pursue punishment and the
preservation of social security, it also aims to promote a change in the
young person, and is therefore seen as a form of treatment.
In order to assess and address the young person and his environment,
psychological, educational and/or social support workers perform various
types of interventions within a detention setting or via diversion measures.
The complexity of the work makes it difficult to evaluate its efficacy. The
criterion usually employed is a reduction in the re-offending rates, which is
necessary, but not sufficient, because adolescents may well cease criminal
activities while still being antisocial or becoming asocial, e.g. with issues of
substance abuse, social marginalization and so on.
The insufficient attention paid to providing evidence-based practice may
partly be due to the widespread pessimism about the outcome of both
criminal provisions and the psychotherapy of antisocial disorders. However,
even though antisocial behaviour still seems persistent, it is widely thought
that it may change. Moreover, a change often occurs spontaneously: some
1. Introduction
5
studies have shown that about half of even the most persistent offenders
actually stop their antisocial behaviours, managing to gain a positive social
identity, i.e. work and engage in a couple relationship. As the family and the
social environment where such behaviours take place are often crucial to
such change, experts question whether the involvement with the criminal
justice system may end up being a risk rather than a protective factor. The
criminal context, and detention in particular, may indeed have an iatrogenic
effect (McGuire, 1995).
A conceivable approach of the Juvenile Justice Services is to regard
criminal response as a form of care. Such an approach may eventually
evaluate its efficacy, in terms of both re-offending rates, and the
adolescents’ development. In order to pursue such an approach a survey
and an analysis of the data concerning young people involved in the
criminal justice system is of paramount importance. To tailor an effective
programme, it would also be essential to understanding the features of the
young person to thereby avoid the provision responding to institutional
demands, rather than the young person’s needs.
Assessment between the mental health objectives and the demands
from the juvenile justice service
To guide the criminal response, the assessment of young offenders should
include the risk of re-offending, and psychological and social issues, which
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European Commission – Directorate-General Justice, Freedom And Security
are the criminogenic needs that underpin the individual’s involvement in
crime.
Amongst young offenders, re-offending rates are usually high. Data is
difficult to compare, due to the diversity of the samples in terms of age,
severity, follow up and criteria employed to define re-offending (e.g. further
charge, further arrest, further conviction). Generally speaking, it is estimated
that up to two thirds of the non occasional young offenders re-offend within
three years. “Chronic” delinquents (about 5% of all young offenders) show
the following rates: at a 5 year follow up, 77% of the 15-20 age group, 50%
of the 20-25 group and 35% of the 25-30 group re-offended, with a mean of
4.6 offences for those who committed more than one (Rutter, Giller, Hagell,
1998). The results of a study carried out in 15 US States found that more
than 80% of the14-17 years old prisoners were re-arrested within three
years of their release. (Langan, Levin, 2002). A study carried out in the UK,
reported that 88% of the 14-16 years old prisoners re-offended within two
years of their release. (Hagell, 2002). Another study found re-arresting rates
to be: 49.2% at a one year follow up, 70.8% at a two years follow up, and
76.7% at a three years follow up (Mc Guire et al., 1995). Vermeiren, De
1. Introduction
7
Clippele and Deboutte (2000) reported a 46.2% rate of recidivism at an 8
months follow up.
In Italy, a study was carried out with a sample of 103 young male offenders
(Italians, nomads and foreigners), with the use of a form assessing
recidivism risk at intake within the Juvenile Justice Services. The results
show that a little more than half of the sample (54.1%) was at high risk of
re-offending; one out of four (25.1%) were at a medium risk, one out of five
(20.8) at a low risk. At their two year follow up, 32% of the sample had been
charged with another offence; none of the low and medium risk group re-
offended while within the high risk group 44% of the sample re-offended and
were reported to be mainly nomads or Italians showing severe mental
health issues. (Maggiolini, Ciceri, Macchi, Marchesi, Pisa, 2009).
This study shows that the assessment of re-offending risk to be accurate.
The pre-trial measures ordered by the court at intake were broadly coherent
with the level of risk. The follow up of the high risk group stresses the
importance of providing treatment to nomads and Italians living in highly
dysfunctional families or environments, and developing even more severe
mental health issues. The study conclusively showed that recidivism risk is
significantly related to risk factors within the cultural-family environment.
Mental health disorders and criminogenic needs are also important to
assess.
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European Commission – Directorate-General Justice, Freedom And Security
Antisocial behaviours may be the result of a conduct disorder or an
antisocial personality disorder or some other severe psychopathology.
Whatever is the case, they are also all the signs of an adjustment issue, in
the relation between adolescence needs, age-related developmental tasks,
family and environment.
To better understand psychological issues in delinquency, various studies
have been carried out in the past few years on the relationship between
mental health issues and juvenile delinquency. These studies aim to
understand underlying risk factors and precursors in childhood,
distinguishing profiles of antisocial adolescents as well as the prevalence of
psychological disorders amongst young people getting involved with the
criminal justice system (Dazzi, Madeddu, 2009; Grisso, Schwartz, 2000;
Loeber, Farrington, Stouthamer- Loeber, Van Kammen, 1998; Vreugdenihl,
Doreleijers, Wermeiren, Wouters, Van Den Brink, 2004; Wasserman,
McReynolds, Lucas, Fisher, Santos, 2002; Wasserman, Ko, McReynolds,
2004).
A number of studies have confirmed that young people undergoing criminal
proceedings, and prisoners in particular, have between three and five times
1. Introduction
9
more risk of developing a mental disorder (Teplin, Abram, McClelland,
Dulcan, Mericle, 2002; Wasserman, McReynolds, Lucas, Fisher, Santos,
2002; Vermerein, 2003; Boesky, 2002). Conduct disorder is the most
frequent diagnosis amongst juvenile delinquents, followed by oppositional-
defiant disorder (Moffit et al., 2003; Boesky, 2002). Substance abusers are
also at a higher risk of offending (Moffit et al., 2000).
In Italy in 2005, a sample of 66 young males (with a mean age mean of
16.3, 35% Italians, 65% foreigners or nomads) were interviewed at intake
within the Juvenile Justice Services, using the Youth Self Report
(Achenbach, 2001). The professionals involved were asked to complete the
Teacher Report Form (Achenbach, 2001). The professionals reported
internalized and externalized problems in 72%, while only 38% of the young
people reported externalized problems and 29% internalized problems..
Crossing psycho pathological issues and a re-offending risk index showed
that 91.2% of the adolescents at high risk of re-offending had clinically
significant mental health issues. The study confirms that mental health
disorders are widespread amongst the young people involved with the
criminal justice service. The fact that psychopathology is mostly related to
high re-offending risk emphasises that psychological work may be helpful in
reducing recidivism.
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Criminogenic needs are at the core of the assessment and discriminative of
evidence-based practice (Dowden, 1999). The programmes, which are the
most effective in reducing re-offending, are those which combine
psychological support with vocational and social work (McGuire, 2004). A
correct assessment at intake may guide the work within the juvenile justice
services (Vermerein, 2003).
The objective of the assessment is not the provision of a diagnosis of a
psychopathology, but rather the involvement of the young person in a
programme informed by an understanding of his personality and psychic
functioning. The programme’s primarily aim is to help the adolescent
resume his development and gain a new social identity.
The psycho-social assessment also represents the first opportunity for the
adolescent to see himself as someone having emotions, desires and
intentions, and express his point of view on the offence and think about its
subjective meaning.
2. The Juvenile Justice System in Italy
11
The Juvenile Court
The Juvenile Court was set up in 1934, under Royal Decree (n° 1404) and
exercises its jurisdiction upon civil, criminal and administrative matters. The
Juvenile Courts are tasked with proceedings related to juveniles between
14- 18 years of age, who have been accused of criminal offences.
The 1934 Decree has been amended on a number of occasions, , most
notably by a special law created in 1988, to the “rules about criminal
proceedings against minors” (D.P.R. 448/88). The Decree followed the U.N.
“Minimum rules on “social reactions to juvenile delinquency” and the so
called “Bejing rules” (Recommendation 40/33 of the 29th of November 1985)
which were a point of reference for the reform of a criminal process for
juveniles which lead to a highly innovative model.
The Juvenile Criminal Procedure Code enforces criminal provisions such as
stay of proceedings while the juvenile is placed under supervision (similar to
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probation) and various alternative non-custodial measures are taken. The
aim is to prevent juveniles from entering the criminal justice system and to
reduce the potential harm of the criminal proceedings on juveniles;
detention is used as a last resort. Under the code, juveniles are placed
under the care of social services, with the direct involvement of the youth,
his family, his school, his peer group and his environment and indirectly
though the work carried out with agencies in the community.
In this frame, the discipline of the probation (“stay of proceedings and
placement under supervision”) is of paramount importance. According to
such an institution, the young offender’s proceedings are deterred until the
outcome of a supervision period; if the supervision is successful and the
youth is reintegrated to society, the offence is discarded. It can be ordered
for any kind of crime, and it is not restricted to the first offence; it lasts up to
three years. A probation programme is prescribed in the early stages of the
proceedings. It may be suggested by the prosecutor, the defence counsel,
the young person, his parents, or the social worker. Probation requires the
young offender’s cooperation, it cannot be imposed on someone who is
unwilling to undertake it. The law does not specify whether the defendant’s
guilt is to be ascertained; however, it is a commonly thought that it
represents an unexpressed pre-requisite for a probation order. The order
2. The Juvenile Justice System in Italy
13
delivered by the court is based on the assessment of the young person and
environmental issues and resources, provided by the Juvenile Justice
Services or the local social services.
Generally speaking, the ratio of the response to juvenile delinquency is to
promote the young offender’s awareness of the meaning of the offence and
encourage him to take responsibility for his behaviour. It tends to be
programme-oriented, meaning that a rehabilitation aim is favoured, and the
punishment of the young offender is of secondary importance.
The Italian juvenile justice services
1. Offices of Youth Social Service (USSM thereof)
2. Juvenile Detention Centres (IPM thereof)
3. Juvenile Classification Homes (CPA thereof)
4. Residential facilities
Offices for Youth Social Service (USSM) provide young offenders with
assistance at every stage of the criminal proceeding, starting from the
enforcement of pre-trial measures. The USSM plays a supporting and
monitoring role during the enforcement of non custodial pre-trial and post-
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trial measures and the stay of proceedings with placement under
supervision. When requested, the USSM provides the court, with
information concerning the assessment of young person and his family.
Juvenile Classification Homes (CPA) admit juveniles under provisional
arrest and grant them residence for up to 96 hours until the validation
hearing, without being actual prison facilities. The CPA teams make a first
psycho-social assessment on the juvenile’s situation and the local
resources available, with the aim of providing the judicial authority with
information that is helpful in identifying the most suitable measure for the
young offender.
Juvenile Detention Centres (IPM) secure the enforcement of orders (such
as pre-trial detention and conviction sentences) made against juvenile
offenders under 18 years of age (or up to 21 years of age, provided that the
offence was committed when under 18) by judicial authorities. In this
context, the young offender is granted the right not to interrupt his
educational, physical and psychological development. IPMs provide young
offenders with school, vocational training, cultural, sport, recreational and
theatre activities. The IPMs operate according to the principle of the Italian
law, D.P.R. 448/88, which specifies the minimum intervention by criminal
2. The Juvenile Justice System in Italy
15
justice and the principle of reducing imprisonment, lead to a decrease in the
number of detainees.
Residential facilities act by law both to secure the enforcement of non-
custodial measures and help integrate young offenders in their social
environment. In Italy, only a few residential communities are directly
managed by the juvenile justice service; most of them are private and have
an agreement with the Ministry of Justice. Placements in socio-educational
residential communities, either in terms of serving a pre-trial measures or
carrying out a probation measure, are common within the juvenile justice
provisions.
Personality assessment
When delivering an order, the young person’s personality is always taken
into account by the court,; In accordance with the principles of the Italian
law D.P.R. n.448/1988, every Italian court’s must take into account the
young person’s needs, circumstances and resources. Consequently,
personality assessments take place at various stages of the criminal
proceedings.
Quoting art. 9 of the D.P.R. n.448/1988:
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“The State Attorney and the judge shall gather information about the child’s
situation and personal, familiar, social and environmental resources, in view
of establishing his criminal responsibility and degree of liability as well as
considering the social relevance of the offence and ordering adequate
penalties and possibly taking the appropriate civil measures”.
It should be emphasised that, differently from other countries, in Italy the
personality assessment is not aimed at identifying competence to stand trial
but instead focuses on the process itself to shape and become accessible
to a developing and changing young person.
Taking responsibility
According to Italian law, the criminal procedure for juvenile offenders,
(D.P.R.. 448/1988) does not consider the young offender as either someone
to be punished or someone to be protected, but as an interlocutor, someone
who can hold a dialogue with the adult magistrate and take decisions
regarding his own future within the criminal justice system.
2. The Juvenile Justice System in Italy
17
In addition to safeguarding the educational needs of the young offender, the
criminal juvenile process strives to help young offenders to to take
responsibility for their actions. Assessing the truth of an event or punishing
the young offender is of secondary importance. The primary goal is to
rehabilitate the young person by promoting his capacity to engage and
repair the damage he has done.
The trial provides educational value through both safeguard the young
person's educational needs and in the fact that the trial itself may deliver a
developmental-oriented function. The various professionals involved with
the young person during the criminal proceedings (e.g. psychologist,
educator, social worker, judge, lawyer) perform such a function.
The juvenile criminal process must not interrupt the developmental process
by disrupting vocational training or school but it may actually also be the
chance for educational relationships to start, : such an aim is pursued both
within the process, as it involves the youth’s parents, whenever possible,
and outside, in the liaison with the community.
The juvenile criminal process adapts itself to the youth’s personality,
circumstances, developmental needs and degree of maturity.
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The personality assessment carried out by social workers, psychologists
and educators is thus not aimed at providing a diagnosis, or assessing the
competence to stand trial, but rather at adapting the process to the young
person’s needs, capacities, degree of development and maturity.
3. Recent trends in criminal policies in Europe
19
In recent years the policies of the Juvenile Justice Service have shown
different trends within the countries of the European Union. On the one
hand, the repression of criminally relevant behaviours has increased, while
a remarkable opening to “restorative justice” has also emerged; on the
other, some offences, previously under the competence of the juvenile
criminal justice have been transferred to the competence of administrative
justice (Padovani, Ciappi, 2010).
In some countries of the European Union the criminal justice has become
harsher, with a parallel debate about the lowering of the age for criminal
liability to prosecution; this trend may be due in the first place to the failure
of the rehabilitation model in Anglo-Saxon countries, and the prevalence of
emerging social defence issues and the need for social control. In the past,
instead of focusing on the young offender’s rehabilitation pessimism about
the welfare rehabilitation-oriented model lead to a focus on the offence and
the victim, with primary aim of social security.
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A new approach referred to as ‘Restorative justice’ as provided an
alternative to the traditional model of criminal response . Within this new
model, the restorative feature of criminal justice is paramount, i.e. the focus
is on the resolution of the conflict created by the offence, and the repair of
the consequent damage rather than behaviour-controls,retribution or the
pursuit of the punishment of the youth. Unlike the traditional model of
criminal response where the victim was excluded, the restorative model
frequently involves the victim through a process of mediation (such as the
Victim-Offender Mediation programme).
Regarding the increased importance of administrative justice in countries
such as Great Britain, Holland, Belgium and Germany, the most recent
criminal policies address administrative measures (such as diversion,
restorative justice, youth panel conferencing), with the involvement of local
authorities, while the criminal justice withdraws and its role becomes the
formal control of provisions managed by administrative bodies. As an
example, in Great Britain, the criminal provision is diversified, with the aim
of avoiding as far as possible the involvement of the young person with the
juvenile justice system.
3. Recent trends in criminal policies in Europe
21
Within this “diversion” frame the Great British police force has a number of
options as alternatives to prosecution,. Similarly, in Germany an exception
to the “legality principle” is given through the discretionary power granted to
the prosecutor to request, in alternative to prosecution, the dismissal of the
case with the simultaneous provision of educative measures. The aim is to
avoid an inappropriate involvement of the young person in the criminal
justice system and, most importantly, to favour the rehabilitation and the re-
integration of the young offender in civil society, responding to an
“opportuneness principle”, underpinned by empirical research on the
reduction of recidivism.
Within the so-called “what works” policy, i.e. the focus on promoting
evidence-based practice as a guide to crime prevention policies, the
identification of risk management factors and actuarial measures is the
ground of the orders delivered by the court. Today, at a European level,
interventions and programmes cannot set aside an in-depth evaluation of
their efficacy in reducing recidivism. The recent trends in criminal policies
have therefore lead to a decline in the treatment and socialization
philosophy, in favour of aims of risk-management and prevention-oriented
social control.
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Such trends affect the methods employed for the assessment of the young
person. Following a broad request to the services in Europe, to carry out an
assessment of personality, maturity and personal, familiar, social and
environmental circumstances of the young offender, the most innovative
procedures and methodologies tend to be precise and standardized (see
“ASSET”, the form employed within the juvenile justice services in Great
Britain or “BARO”, a similar form used in Holland and in Switzerland), based
on actuarial predictive models.
In comparison with other European countries, the rehabilitation function is
still at the core of the Italian juvenile justice system, even though such
intervention philosophy are traditionally less focused on providing evidence
of its efficacy. The Italian criminal system is less agile and the proceedings
and the criminal provision are both poorly differentiated in relation to the
severity of the offence put in place and to the risk of re-offending.
Very few Countries in Europe have published, as well as Great Britain and
the US, specific guidelines for the assessment and the treatment of young
offenders, so that the procedures and the methods put in practice are less
formalized. There is a gap in the regulations that results in inconsistency
3. Recent trends in criminal policies in Europe
23
and uncertainty about prescribing when a personality assessment may be
requested, by whom, and who is in charge of providing it and the methods
actually employed in the work.
In countries such as Croatia, social services in the community are in charge
of the assessment while in other countries, such as Belgium, Portugal and
Spain, social services within the juvenile justice system are appointed. In
most European countries there is a clear-cut distinction between civil and
criminal juvenile justice: Italy in an exception, as a juvenile judge is
competent both in civil and in criminal matters.
In Greece the request for an assessment of the young offender tends to
address mental health-psychiatric issues, or to involve the assessment of
drug abuse. Personality assessment are not compulsorily requested (as
they are in Holland, Slovenia, and Italy), and may only be requested in the
most severe cases.
In Germany, if the youth is attending school or has employment, the
personality assessment of the young offender includes the direct
involvement of teachers or employers, , in all cases except when the
assessment may jeopardize the position.
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In conclusion, the lack of guidelines shared at European level, regarding the
assessment of young offenders leads to a variety in the procedures, making
them quite difficult to compare.
4. The assessment carried out within the Juvenile Justice Services in Italy
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The staff training centre (Istituto Centrale di Formazione) of the Italian
Juvenile Justice Department have studied the way that the personality
assessment of the young offender is carried out within a Juvenile Justice
setting.
Personality assessment is at the core of the work, in the interaction with the
court. The reports made by the juvenile justice services testify in the daily
practice the assumptions and methodologies of the work, where
psychological, social and educational knowledge is combined. Not only are
the reports an expression of the understanding of the circumstances of the
youth, his family and his environment, they also express what is deemed
useful for the court to know.
There may be a considerable gap between the knowledge that the juvenile
justice services has and what is communication to the court. It is sometimes
necessary for the reports to omit some information concerning the crime,
so that the trust relationship between the young person and his family is not
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jeopardised. This relationship is crucial to an effective intervention.
Omission may also be made in order to leave the court in a position to
make an unbiased assessment of the circumstances strictly related to the
offence.
Such reports, carried out both at the initial stages and throughout the
criminal provision, were analysed.
The sample included representatives of all services (CPA, USSM, IPM) and
locations (in the North, Centre and South of Italy)
A total of one-hundred and sixty-eight reports were collected, distributed as
follows:
• 29 from Rome and Sassari CPAs; 75 from Bolzano, Naples, Rome, Lecce
and Turin USSMs; 64 from Milan, Catania and Catanzaro IPMs.
• Gender: 85% males 15% female
• Age: aged 14-16: 9.4%, aged 16-18: 40%, aged 18-21: 12.5%.
• Nationality: Italians: 68.8%; foreigners (31,2%) mostly come from Romania
(8.8%) and Morocco (5%).
• Offence: 37.5% against property, 20.6% against the person, 16.9% drug-
related and 4.4% other.
4. The assessment carried out within the Juvenile Justice Services in Italy
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Half of the reports combine assessments undertaken by more than one
professional (social worker, psychologist, educator). Otherwise, it is either
the social worker (33%) or the educator (17%) writing the report, rather than
the psychologist.
The reports were analysed in terms of both the structure (opening, central
part, conclusions) and its main contents (description of the young person,
the offence, the family, the environment, the intervention, the probation
programme).
The reports are mostly between 2 to 4 pages. They tend to start with a
reference to the offence ascribed (88%). The central part describes the
young person and his attitudes and behaviours and the conclusions may
include general remarks, with no specific suggestions to the court (46%),
suggestions to the court (24.4%) or the description of a detailed programme
(17%).
Information is collected through interviewing the young person and
observing his behaviour in relation to the service or to his family (54%).
There is very little reference to tests or questionnaires (5%). A mayor source
of information is provided by agencies in the community (89%), residential
communities (24,.4%) and schools (18.2%). In the description of the young
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person information on his family, school performance or employment are
frequently mentioned, together with a reference to the way the young
person behaves in relation to the juvenile justice process.
Maturity and fixed traits of behaviours or attitudes (personality) are
mentioned in a little less than half of the reports (46%) as is information
about the story of the young person, with particular reference to the
important events which have occurred in his life. Relationships with peers
(38%), liaise time (30%), sexual and friend relationships (15%) are less
frequently mentioned. Explicit diagnoses of psychopathologies can be found
in only 13% of the reports.
The usual style is to report data and information, with no explicit
assessment or processing from the professionals’ side, as if the aim is to
present the information as objectively as possible. The opinions from the
assessing team only become more frequent in cases of references to
attitudes of the youth in the relationship to the professionals themselves or
the work carried out..
The reports usually start with a reference to the charge. However, within the
reports there are no comments about the subjective meaning of the offence,
4. The assessment carried out within the Juvenile Justice Services in Italy
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or the assessment of re-offending risk factors(mentioned in 32% of the
reports). The reports contain little reference to judicial precedents or to the
assessment of social dangerousness.
In 67% of the reports there is an explicit reference to whether the young
person acknowledges the offence he is charged with . There is little
information about his understanding of the social consequences of the
offence, the damage suffered by the victim, the perceived severity of the
offence or, the capacity to understand the meaning of the criminal
proceedings.
Family circumstances and relationships are frequently mentioned (90%),
usually describing family members and the socio-economic circumstances
of the family, but references to the environment, and the multi-cultural
dimension in case of a foreign youth, are rare. Educational styles and the
attitudes towards criminal justice can be found in half of the reports; such
information is usually just presented and not commented upon.
Previous intervention carried out by local social services or juvenile justice
services are described in 83% of reports. Information regarding reactions
and attitudes of the young person in relation to the criminal proceedings are
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frequently mentioned, but when a probation programme is presented, its
objectives are usually not discussed.
In conclusion, the reports show a prudence in providing information and
interpretations about the personal features of the young persons, which
may be in an attempt to avoid interfering with the right to defence.
The attention to providing information, without expressing interpretations or
evaluations, may also express an implicit trend to appreciate and protect a
call for help from the young person, in view of granting in the first place a
working alliance with the young person, which is a fundamental pre-
requisite for the programme that may follow the assessment phase.
The attention to the offence is quite clearly the “social motive” of the
intervention carried out within the juvenile justice services. The
professionals writing the reports seem very careful not to provide
interpretations of the offence and its social and personal meaning. Such
attitude probably comes from a culture aimed at protecting the young
person from possible stigmatization and exploitation by other professionals.
However, research in the field shows that a wider understanding is more
useful, aimed at promoting a methodological use of such approaches as a
4. The assessment carried out within the Juvenile Justice Services in Italy
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psyco-socio-pedagogical reading, while avoiding the risk of overlapping with
the court.
The analysis undertaken opens questions about the way the juvenile justice
services interpret the questions posed by the court, how they respond to
them, the relationship between information and interpretation and the use of
tests and the possible integration between social, educational and
psychological knowledge in understanding the young person in relation to
his environment.
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The role of the psychologist
The Juvenile Criminal Procedure Code (dating back to 1988) does not
determine set roles and tasks that have to be performed by the
psychologists working within the juvenile justice services. The importance of
the psychologist is indirectly emphasised in the personality assessment
requested by the court, to be carried out in collaboration with other
professionals, both in terms of personal resources and shortcomings and of
environmental, family and social resources.
The current tasks performed by the psychologist within the juvenile justice
service may be divided in two areas of intervention, related to different
judicial/institutional objectives:
1. Assessment, during the course of the proceedings, of liability to
prosecution, social dangerousness and circumstances related to the
youth and his environment.
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2. Support to the young person, both during the criminal proceeding
and while serving the sentence.
The assessment not only provides information concerning individual, family,
environmental and social circumstances, it also specifically addresses
circumstances and resources in relation to the actual criminal responses
and provisions available. The law seeks professional advise via the
assessment of which criminal provisions may be harmful, detrimental or
suitable for which personality conditions; which measures, provisions,
allocations, decisions may better suit which youths; which levels of
containment, detention and control should apply to youths at high risk of
fleeing or re-offend etc. . The law requests the psychologist addresses both
circumstances and resources of the young youth and circumstances and
resources within the environment and the criminal provision. From this
perspective, features and shortcomings of the young person are not “data”
but rather direct questions, challenges and risks for the judge and the
services to consider.
From a psychological viewpoint, the assessment may concern:
• Risk factors screening e.g. risk for self harming behaviours;
5. The psychological work within the Juvenile Justice Services
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• Clinical diagnosis, on the basis of a category (e.g. DSM-IV-TR
oriented) or dimensional (e.g. personality-oriented) assessment
• Risk and needs from a developmental psychology and
psychopathology framework;
• The degree of maturity and social dangerousness
How psychological work is carried out within the ju venile justice
services .
In 2009 a law transferred health care functions performed within the juvenile
justice services to the National Health Service (NHS), affecting the
psychologists’ role and assigned tasks. The NHS is in charge of the
psychological intervention, while social workers and educators, and police
officers, report into the Ministry of Justice.
Within assessments, psychologists may consequently focus on a
diagnosis, from a “mental health” perspective, leaving the other
professionals with the task of addressing risks and concerns such as the
environment and development of the young offender. No guidelines have
been created to exactly determine how the Juvenile Criminal Procedure
Code should be applied.
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A study involving the psychologists working within the juvenile justice
services
Objectives
The purpose of the study was to understand if the psychologists work within
the juvenile justice services are satisfied or dissatisfied with the objectives,
methods, and tests employed in their work. Collate the knowledge and
sentiments of psychologists working within the Italian juvenile justice service
could also pave the way for an exchange with colleagues at a European
level.
A sample of psychologists, either consultant or employed by the NHS,
working within the juvenile justice services (CPA, IPM, USSM), from the
North, the Centre or the South of Italy were questioned in semi-structured
interviews. The interviews included questions about: objectives, methods
and tests employed, representations of the task and the professional role,
the relationship with the young people and the other professionals. The aim
was to gain an understanding of the theoretical backgrounds, difficulties and
5. The psychological work within the Juvenile Justice Services
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dissatisfactions faced by psychologists working within the juvenile justice
services,.
Method
Thirty psychologists working within the Italian juvenile justice services (CPA,
IPM, USSM) were interviewed. Even though the sampling was not random,
there was a distribution per work experience, location, type of service,
contract (consultant-employee).
When the study took place 43 psychologists were employed by the Ministry
of Justice (32 directly involved with the young offenders, 11 with other tasks,
such as training) and 68 psychologists worked within the Juvenile Justice
services as consultants.
Table 1. Sample
Psychologists
30 (23 F, 7 M)
Age 16 (<45 years) 14 (>45 years)
Professional qualification
9 psychologists (including 3 specialized in Criminology) 21 psychotherapists
Contract 14 employed 16 consultant
Service 15 (IPM) 14 (USSM)
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1 (CPA only, however, some psychologist working in USSM and IPM also work in CPA)
Location 14 (North: Milan, Turin, Genoa, Venice, Treviso) 6 (Centre: Bologna, Florence, Rome) 6 (South: Teramo, Naples, Bari, Catanzaro) 4 (Islands: Cagliari, Sassari, Catania)
Number of years in the Service
18 (<10) 12 (>10)
Number of working hours per week
16 (<20) 14 (>20)
The first part of the interview collected information on the professional role
(i.e. anagraphic data, professional qualification, contract, number of working
hours per month, service they worked in).
The second part of the interview focused on the role of the psychologist
within the service, with particular regard to personality,risks and need
assessment (i.e. areas of assessment, theoretical framework, use of tests,
profiles of the young offenders and their problems, perceived efficacy of the
work) within the context of a team work (i.e. relationship with other
professionals involved, type of collaboration set up and level of integration,
possible conflicts).
5. The psychological work within the Juvenile Justice Services
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Activities
The psychologists reported the following three activities:
• Personality assessment of the young person and psychological
support;
• Interviews with the youth's parents and meetings with social workers
and/or educators working in residential communities;
• Team meetings and report drawing.
The interviewed psychologists were asked to estimate the percentage of
time they dedicated to each activity, to broadly understand how the work is
divided. There are no differences in the sample according to the type of
service, apart from the higher involvement of the parents in USSM.
Table 3. Time per activity (broad estimate)
Activity Personality assessm ent and psychological support
60%
Team meetings, report drawing
30%
Interviews with parents, meetings with social services/educators
10%
Most psychologists reported that the main activity they carry out is
personality assessments. The psychological support provided during the
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criminal provision is also highly valued, even though counselling and
psychotherapy are not generally considered the focus of the work.
All the psychologists interviewed value teamwork and view team meetings
as a valuable exchange with the other professionals, during which they aim
to gain a shared assessment of the situation and consider a tailored
programme. Following team involvement, all psychologists said that they
spend a considerable amount of their time within the service writing
assessment reports.
Psychologists tend not to attend hearings; the relation with the court is often
indirect, mediated by the reports and other professionals.
The environment-related activities mentioned include interviews with
parents and other professionals, mainly those working in the local health
services, drug and alcohol provisions and in residential communities. The
interviews with the parents are aimed at better assessing the situation.
Initially to collecting information about the young person and later to find
resources available in the environment. Rarely are parents provided with
psychological support.
5. The psychological work within the Juvenile Justice Services
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The psychologists working in USSM tend to carry out more environment-
related work (e.g. Interviews with parents or educators) than those working
in IPM and CPA (who tend to split their time between team meetings and
clinical work).
The clinical work with the young person in general, and the assessment in
particular, even though it may be seen as the main activity undertaken, is
actually carried out for little more than half of the working time.
Only a third of the psychologists interviewed thought that the amount of
shared time was adequate and satisfactory. Most thought that it would be
advisable to extend the amount of time spent in direct clinical work with the
young person, especially providing psychological support (“It would be so
much better to have time to support the young person all throughout the
criminal provision”), but not to the detriment of teamwork and environment-
related work, which were deemed to be equally important.
To conclude, the main problem appears to be a lack of time, due to the few
human resources available and the inadequate number of working hours.
Under such circumstances, some bureaucratic duties are regarded as a
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nuisance, as they steal time from the clinical work (“Bureaucratic duties are
an irritation! They steal time from the work with the young people”).
The primary task
The psychologists reported that their primary task should concern clinical
work, i.e. the assessment and the psychological support of the juvenile,
combined with the work carried out within the service by the other
professionals. The importance of providing an integrated intervention is
confirmed by the amount of time reserved for meetings.
Some emphasised that the psychologist brings together the professionals
within the team (“The psychologist is like a bonding agent for the team”).
This is because the psychologist provides a reading of the situation that is
different from the social or the educational and is useful for a shared
assessment and a tailored programme.
Differences can be found in the role of the psychologists, depending on the
service they work in. In CPA the psychologists tend to provide assessment,
in IPM they tend to assist the young person to deal with the restriction of his
or her freedom and promote the proposal for substitutive measures; while
5. The psychological work within the Juvenile Justice Services
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the psychologists in USSM tend to pursue a treatment aim, by gradually
motivating the juvenile who is undertake a probation order.
There is a shared opinion that it is possible to combine the objectives of the
psychological work with those of the criminal institution, even though it is
not always easy. The young offends lack of motivation towards the
psychological support may hamper combined work, as it interferes with the
construction of a basic trust relationship. Also, the objectives of
psychological work may be different from those pursued by the criminal
system.
The assigned task to provide the court with useful information, in order to
deliver a suitable order, may require an in-depth assessment of the youth's
personality, his developmental needs and resources, possible psycho-
pathologies, level of maturity, recidivism risk, availability of treatment and
the provision/programme best suiting to the youth's circumstances.
From a strictly clinical perspective, the psychologist may limit himself to
providing information on needs and resources, general elements
concerning the youth's personality and a sustainable provision, in order to
help the judge deliver an order. The psychologist may also define a clinical
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diagnosis, the risk of re-offending and how the programme could be best
carried out.
A specific issue concerns the difficulty in combining the time of the
psychological intervention with that of the criminal provision. The prevailing
idea is that the time needed for psychotherapeutic and developmental
changes to occur is usually longer than the criminal provision. Only in rare
cases is the opposite found i.e. that a prolonged criminal provision may
interfere with the developmental needs of the young person.
Another issue is the general lack of human resources and time available,
preventing the professional from undertaking a sufficiently long and deep
assessment and treatment. In some cases the court orders a widening of
the assessment, or the young offender is provided with extensive treatment,
regardless of the actual shortage of resources available.
In the background and , not always explicitly mentioned, is the issue of how
definitive the assessment should be, in terms of the diagnosis provided and
the recommended programme; and, for its part, to which extend the court
should order a specific intervention to be provided (e.g. tests to be
5. The psychological work within the Juvenile Justice Services
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administered, frequency of treatment sessions), entailing the risk of each
part exceeding its competences.
Another challenge born out of combining clinical objectives and the tasks
assigned by the criminal institution is preserving public security. Public
security may necessitate control duties and lead to the extension of pre-trial
measures, possibly little syntonic with the youth's developmental need for
autonomy.
On the other hand, the psychologists are only too aware that the
compulsory frame of the interventionis actually very helpful, as it provides a
framework and a setting, essential to the understanding of the meaning of
the offence put in place and, more generally, to increasing the juvenile's
self-awareness.
No significant differences emerged between psychologists working in CPA,
USSM or IPM. They all agree, as a general principle, that the psychological
work is compatible with the task assigned by the institution, even though a
lack of time and a certain effort in liaising with the court’s “language” and
demands were emphasised.
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Theoretical frame
The psychologists working within the juvenile justice services have different
theoretical backgrounds. The study found the psycho-dynamic model was
the most popular, while the systemic and the cognitive-behavioural
frameworks were also well represented:
Table 4. Theoretical frameworks
Psycho -dynamic
13
Cognitive -Behavioural
7
Systemic
6
Other
4
It is important to emphasise that beyond the general theoretical
background, many psychologists did not mention a specific training in
criminology, legal psychology, or developmental psychology.
5. The psychological work within the Juvenile Justice Services
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Personality assessment
The psychologists value both a comprehensive personality assessment of
the young offender and an assessment of specific areas related to the
criminal setting.
For instance, the assessment of the resources available (e.g. In affective,
cognitive and relational terms) needs to be considered along with an
assessment of impulsiveness and aggression features, the youth’s
availability to understanding the meaning of the offence, his motivation to
engage in a programme and the psycho pathological risk.
While the areas more specifically related to the criminal setting depend
upon the service the psychologist works in, the personality assessment in
general terms is a shared task.
Table 5. Areas of personality assessment
Cognitive aspects (e.g. intelligence, cognitive impairment, capacity for self reflection) Affective development Social identity Psycho-pathological risk
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Social background and family Impulsiveness / aggression Self harm Availability for working on the offence Competence to stand trial and to cope with detention Motivation to change and to engage in a programme Availability to treatment
Tests
The psychologists interviewed tend to rely on the clinical interview; two
thirds also use tests. The tests commonly used are listed in table 6.
Table. Tests more widely used
Semi-structured interviews (SCID II) Questionnaires (Achenbach's YSR e TRF, MMPI) Cognitive tests (WAIS, WISC, Raven Matrixes) Graphic test (D.A.P. Test, F.D.T. test) Projective tests (Rorschach, TAT, Blacky Pictures)
5. The psychological work within the Juvenile Justice Services
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Other tests mentioned are graphic tests, the Moral Disengagement Test, a
test on object relationships, a self report questionnaire named “OSQR”, the
Multidimensional Self Concept Scale, a test focusing on anxiety, phobia,
depression and hysteria such as the “MQR”, the Facial Action Coding
System, the SCL-90-R. While the use of some tests, such as Rorschach is
widespread, there appears to be a local culture on the other tests,
regardless of the general location or type of service.
There was no relationship found between the psychologists’ theoretical
backgrounds and tests. Most psychologists tend to use both projective and
cognitive tests, regardless of their theoretical background, even though
projective tests in general, and the Rorschach test in particular, tend to be
used by psychologists with a psycho-dynamic approach.
Team work
Assessment teams include psychologists, social workers and educators.
Some differences emerge in relation to the type of service that takes place.
Psychologists working in USSM tend to cooperate most frequently with
social workers (sometimes with educators), while psychologists working in
IPM and CPA tend to cooperate primarily with educators, and then with
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social workers. The study also found that psychologists work with a range of
other professionals including: police officers, cultural mediators, teachers
and professionals working in the community.
Most interviews reported a general feeling of satisfaction in relation to
teamwork, even though difficulties concerning communication, language,
reciprocal competences and competitive objectives were mentioned. The
interviewed psychologists commonly complained about: the lack of
appreciation their role attains from other professionals, excessive discretion
in the referrals, and, above all, lack of time and inadequate resources.
In this respect, no differences emerge in relation to the type of service and
all the issues are equally mentioned.
Table 7. Issues involving team work
Inadequate resources 13
Little appreciation of the role of the psychologist (no acknowledgement, little team work, discretion in th e referrals)
11
Troublesome integration (different language, compet ences and objectives, role competition)
6
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Having adequate time available was considered a requirement for an
effective integration of the work undertaken. Even though combining
competences is highly valued, as it provides a wider understanding of the
young person, setting boundaries in competences and roles may result in
overlapping and confusion, which is detrimental to the work.
Some of the psychologists’ interviewed explained that they perceive a lack
of appreciation of their role and function makes it difficult to work with other
professionals. The psychologists who expressed this view tend to display
more frustration than the rest of the sample.
The young offenders
The profiles of the young offenders vary according to the type of service the
psychologists work in and their location in Italy.
While in big cities, such as Milan, psychologists equally work with Italian
and foreign young offenders. In smaller cities and in the South of Italy,
Italian young offenders tend to be referred, especially in Sardinia, where the
work almost exclusively involves Italians.
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In IPM, psychologists tend to work mainly with foreign young offenders,
while in USSM and CPA psychologists worked with Italians proportionally to
the prevalence of foreigners and Italians within the services. In USSM social
workers make referrals to the psychologists for only some of the juveniles
undergoing criminal proceedings, those willing to undergo a probation
measure. In CPA the psychologist is called by the educator in case of need,
mainly for the assessment of Italian young offenders displaying severe
issues requiring further and qualified attention.
According to the psychologists interviewed, the main problems amongst
Italian young offenders are: developmental issues, social privation and
mental health disorders. The main problem of foreign young offenders is
social privation, relating to the process of immigration and integration within
Italy.
The study found that commonly identified developmental problems in Italian
young offenders were: personality disorders, behavioural problems, poor
impulse control, poor tolerance to frustration and substance abuse. The
social problems mentioned, common to both Italian and foreign young
offenders, were the presence of a multi-problematic social and family
5. The psychological work within the Juvenile Justice Services
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background (i.e. organized crime, severe economic problems, deviant
family culture). The prevalent representation is that getting involved in the
criminal system may be the only choice for a foreign young person, given
the lack of resources and alternatives available.
Crime is seen as a more deliberate choice for Italian young offenders, the
outcome of interacting psychological and environmental factors. The Italian
young offender is indeed described as more severely disturbed from a
psychological and psycho-pathological point of view than the foreign young
offender, thus more difficult to treat (a number of such Italian young
offenders had undergo various programmes, and failed them all).
Dissatisfactions and possible improvements
All the psychologists interviewed indicate that the most satisfactory aspect
of their work is the relationship with the young people.
The clinical relationship with the young offenders seems reassuring in
comparison to the wider intervention within the juvenile justice services,
which seen at times to be wasteful and undefined.
The main problems reported by the psychologists revolve around the
institutional setting and include specific issues such as the difficulty in
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teamwork, the fragmented nature of the work, the lack of cohesion in the
psychologists' group and the shortage of adequate time and resources.
The difficulty in combining work taking place in prison with community work,
both in terms of the limited availability of the family and the environment,
and a shortage in the resources available, is emphasised by IPM
professionals. The psychologists commonly feel unsatisfied or ineffective in
relation with the environment, rather than in objectives and methods
involving the clinical work. The relation with the young offenders himself is
not an issue either.
Possible improvements are usually related to the organization area. Most
psychologists think that the organization of the service may be improved by
providing a more systematic coordination in teamwork, within the service
(within psychologists, between psychologists, social workers and educators)
and external to the service (coordination with the local social services).
They also emphasized the importance of having their role appreciated,
when sometimes it is perceived as accessory (e.g. the excessive discretion
in the referrals, the waste of useful information, the lack of adequate spaces
for clinical interviews and the lack of data processing systems). The
5. The psychological work within the Juvenile Justice Services
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psychologists also requested an increase in the number of working hours,
as currently the hours do not adequately cover the various level of
intervention.
A sense of non belonging to the service appeared to be widespread; the
feeling that one's function is deemed accessory, rather than essential. This
was in stark contrast to the involvement and the satisfaction the
psychologist attained through the assessment and treatment of the young
people themselves.
Other suggestions for possible improvements entailed the involvement of
the family of the young offender and the liaison with the local social
services; the provision of group work and more diversified psychological
and educational support paths.
The perceived efficacy of the psychological work
Most psychologists think that their intervention is largely effective. Various
meanings may be attached to the word “effective”, falling in two categories:
clinical work with the young offenders/team work and rehabilitation in the
community. Most psychologists report that an intervention is effective when
changes are achieved, even though they may be quite difficult to define.
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The efficacy of the clinical work is rooted in the trust relationship that is
established between the psychologist and the young offender in which the
young person's needs are addressed. Motivating the young person is
reported by many psychologists as proof of the efficacy of the work, as if the
acknowledgement of one's problems and need for help were an outcome in
themselves, almost regardless of the expected changes to follow.
The psychological work should be focused on improving the adolescent's
self-awareness, his representations, strengths and developmental needs.
Another shared view is that the criminal provision stops the young
offender's tendency to act out, thus becoming a chance for the young
person and his family to pursue both an understanding and to improve
individual and social resources, so that developmental impasses may be
overcome.
Consequently, the encounter with the court is not only seen as a provision
of a personality diagnostically oriented assessment but also the chance for
the young person to think about himself and becoming more self-aware,
which may promote a change in itself, both for the adolescent and for his
family.
5. The psychological work within the Juvenile Justice Services
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During the interviews, the psychologists emphasised the importance of the
assessment, in improving the young person’s awareness. The psychologists
perceived this function to be more important than providing the court with an
extensive personality assessment of the youth, for the court to deliver an
order in line with the developmental needs of the young person.
A general sense of efficacy was reported through having been able to work
in a team, i.e. having come to a shared understanding of the young person
and formulated a tailored programme, such as a probation programme.
However, it is important to emphasise that not all the psychologists
interviewed linked the perceived efficacy of the intervention with a positive
outcome on a practical and external level. Many psychologists mention the
importance of a personality change, regardless of a positive outcome of the
criminal provision, because they think that external and uncontrollable
variables, environment-related may affect its outcome. (“The young offender
may have done very well therapeutically, even though the outcome of the
probation was negative).
Sometimes the positive outcome, from a psychological perspective, is not
related to recidivism risk. Other psychologists emphasise that the efficacy of
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the psychological intervention depends upon the criminal setting, and
consequently has to be related to a reduction in re-offending rates.
Generally speaking, a psychological intervention is deemed effective when
it produces a change, either internal or involving the environment.
IPM and CPA feedback received from the community is positively valued,
when the young offender, after the experience in prison, seems more able
to modify his lifestyle and to engage in a different future. In USSM the
psychologists undertake long-term work with the young offenders, by
supporting them throughout the criminal provision; consequently, a
psychological outcome is considered positive when it enables the youth to
overcome the impasse in his developmental path, by promoting his
understanding of his own circumstances and the improvement of his
competences.
Generally speaking, the psychologists working within the juvenile justice
services think that working in a well-coordinated team, both on the “internal
world” and on the resources of the environment, is of paramount
importance.
5. The psychological work within the Juvenile Justice Services
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In contrast, the psychologists think that a negative outcome is related to the
lack of a motivation on the young person's side, when a probation measure
is accepted only on an exploitable basis.
Further issues that lead to a negative outcome are the shortages within the
service or the community, so that it becomes impossible to set up a tailored
provision and to carry it out. When integrated team work is not available, it
leads to dissatisfaction on the psychologist’s side.
Beyond the obstacles related to the juvenile justice setting, the
psychologists interviewed mentioned difficulties related to the severity of the
situation, either to severe psycho-pathological problems on the youth's side,
or to issues involving the family and the social background.
Rarely is the poor outcome traced back to a mistake in the psychologist's
assessment.
In conclusion, the psychologists think that their work is effective when it is
well integrated with that of the other professionals, either working in the
service (i.e. team work with the social worker and the educator) or in the
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community (e.g. professionals of the local social services). However, it is
important to emphasize that recidivism is rarely an indicator of failure.
Psychologists specifically think that a positive outcome, from a
psychological viewpoint, is related to the establishment of a trusting
relationship, motivating the young person both to engage in the
psychological work and in the rehabilitation process. The psychological
work is aimed at promoting a positive social identity and enabling the youth
to overcome the impasse to his development.
The psychologists tend to see their contribution as overall effective, i.e. first
of all (at a clinical level) through promoting an internal change and an
increased self awareness; secondly, through the cooperation and the
coordination with the other professionals to develop a tailored programme
to be identified and implemented. Only rarely is a good outcome related to a
reduction in the recidivism rate.
Training
The exchange with colleagues mainly takes place on cases-by-case basis,
with the hand-over of information concerning the young offender following a
5. The psychological work within the Juvenile Justice Services
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change in the criminal provision or the transfer of the youth from a juvenile
jail to another.
Rarely do methodological or theoretical exchanges take place, even though
about half of the psychologists interviewed recently underwent some
training, particularly those employed by the NHS, on the occasion of the
recent institutional change. The contract of consulting psychologists does
not include training.
All the professionals who attended training sessions, on themes such as
adolescence issues or the use of psycho-diagnostic tests, found them
useful in their work. The professionals who were not involved in training
emphasized that it would be useful and desirable for training to be provided.
There are a number of themes the psychologists want to know more about:
adolescence-related issues; methodologies and assessment tests; the
experience of other colleagues working within the juvenile justice services.
Some also mentioned that it would be useful to have access to supervision
with particularly severe situations.
Table 8. Suggestions for training
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Foreign youths: migration and the multicultural approach
Personality assessment: objectives, methods, tests
The treatment of antisocial disorders in different environments (e.g. In
residential communities)
Criminal justice proceedings code
Exchange of methods and tests employed with the various juvenile
justice services
Substance abuse
Therapeutic and working alliance with the young offender and
motivation to the psychological work
Supervision on particularly severe situations
A request for training strongly emerges, mainly seen as an exchange of
experiences, in order to achieve a shared system of practices and methods.
Such a request seems related to a general feeling of isolation within the
juvenile justice services. Even though well integrated team work (including
social worker, educators, and professionals from the local health services)
seems essential, it tends to be perceived as difficult to achieve, not very
gratifying, and unable to replace an exchange with other psychologist
colleagues.
5. The psychological work within the Juvenile Justice Services
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The psychologist often feels arbitrary or inconstantly involved, due to the
shortage of adequate working hours, or not fully appreciated in his specific
competences, leading to the work becoming scattered and fragmented.
The difficulties do not involve the tasks assigned by the institution which are
generally regarded as being compatible with the psychological work, but
rather, involve the organization level and the relationship with the other
professionals.
Most psychologists share this opinion, regardless of the service they belong
to (IPM, CPA, USSM), their contract (employed/consulting) and location of
the service (North, Centre or South of Italy). However it must be noted that
psychologists working in USSM appear to be more satisfied. Generally
speaking, the psychologists feel isolated both within the institution and
professionally, due to the fact that there is no set model of intervention, and
no specific professional training.
From the Ministry of Justice to the NHS
Psychologists are ambivalent about the change in department from the
Ministry of Justice to the NHS. Two positive effects of becoming part of the
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NHS include having greater professional acknowledgement and
responsibility.
Many psychologists value being in a position that provides clear
acknowledgement of a defined professional identity. Some emphasize that
under the NHS, it is now possible to have an exchange with colleagues.
A general sense of uncertainty exists with regard to the undefined relation
between providing a diagnosis, in a mental health perspective, and a
personality assessment, in a criminal setting perspective. Complying with a
“mental health” model, seems more related to an increased
acknowledgement of the psychologist's role than to the feeling that the two
perspectives are not compatible.
Most psychologists have experienced a sense of exclusion and a lack of
professional acknowledgement within the juvenile justice services. Work
satisfaction is only provided through the relationship with the young
offender.
An open question remains “Is it possible and/or useful to combine an
institutional-related intervention (i.e. the personality assessment requested
by the art. 9) to a mental-health-based provision (i.e. diagnosis-and-
treatment related)?.
6. The assessment of antisocial behavior within a developmental frame
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Even though there are a number of theories explain antisocial behaviours,
empirical data supporting the different theoretical hypotheses tend to
progressively converge, so that some points may be given as granted. A
survey of such results seems to suggest that different theories may actually
explain complementary, rather than incompatible, aspects of the issue:
integration is particularly possible when a developmental perspective is
adopted.
To understand criminal behaviour (Lahey, Moffitt, Caspi, 2003) it is
important to consider the combination of an individual predisposition, based
on specific temperamental traits, such as low self esteem, negative
sensitiveness, liability in impulse control and insensitivity – with negative
educational interactions during childhood (Hare, 2003; Lahey, Waldman,
2003). Inadequate educational styles and parental care quickly transform
such temperamental predispositions to behavioural problems in childhood,
in an action-reaction scheme often becoming a vicious circle of coercion
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(Snyder, Reid, Patterson, 2003) where the lack of an empathic
understanding of the child’s needs and a deficiency in symbolic processing
become central features (Fonagy, Target, 2002).
Early educational interactions represent an important precursor of antisocial
behaviours in adolescence. Dysfunctional relational schemes or expectation
schemes on interpersonal relationships may play a crucial role in
behavioural problems in childhood leading to antisocial disorders in
adolescence. Such schemes generally show that the tendency to overvalue
hostility in interpersonal relationships, with regards to both familiar people
and mostly with strangers, and to consider that others are responsible for
the events occurring, rather than oneself. (Dodge, Lochmann, Laird, 2002).
Systems of representation of oneself and the other, based on
impulsiveness, the tendency to a processing style in persecutory rather that
in depressive terms, to little empathy, to overvalue oneself and to
undervalue the other, become of increased importance when a redefinition
of oneself takes place in adolescence, in the development of a social
identity (Moffitt, 2003).
6. The assessment of antisocial behavior within a developmental frame
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The adolescent may consequently use his antisocial behaviour as a means
for defining his social identity (Novelletto, 2000), to assert himself in social
terms and to create a social reputation, mainly within the peer group (Emler,
Reicher, 1995).
Therefore, the actual antisocial behaviour is directly related to the person’s
motivations and set of values (the role ideal), and their relationship to the
opportunities provided (or not provided) by the social environment,
responding to the adolescent’s developmental tasks (Wikstrom, Sampson,
2003)
From this viewpoint, it is essential to consider, as the basis of the antisocial
behaviour, the desires and the values of the youth, and the way he
interprets interpersonal relationships as he on carrys out of his
developmental needs.
Juvenile crime may be the expression of a rule-breaking attitude in
adolescence. It may alternatively be the result of behavioural problems or
an antisocial personality, or of a more severe psychopathology. In most
cases, professionals working within the juvenile justice services are
confronted with severe antisocial disorders. In any case, both social
problems and psycho-pathological disorders may be seen as different forms
of a difficulty for the adolescent to develop a social identity, i.e. an Ego
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ideal, an idea of oneself and one’s value in relation to being a male or a
female. Antisocial behaviours may be seen as the expression of a failure in
the process of taking responsibility for one’s behaviour: an insufficient
development in the capacity to control one’s behaviour and to feel guilty, a
problem in the development of one’s identity or a distorted perception of the
hostility from the other (jeopardising the development of a social image)
may undermine such developmental process (Maggiolini, 2002).
Combining the different theoretical approaches may be easier, when a
general perspective of developmental psychopathology is adopted.
Developmental psychopathology is particularly helpful in understanding
antisocial behaviour, its onset and its development throughout adolescence
and adulthood, as it shows how crime may both be the result of different
developmental paths and at the same time open to different developmental
paths and expressions. A developmental psychopathology approach leads
to giving great importance to the environment, overcoming the idea that the
adolescent “holds” a disorder: antisocial behaviours are seen rather as the
result of negative interaction between developmental needs and
environment’s responses, where the representations of the individual
concerning his needs and the responses from others are of paramount
6. The assessment of antisocial behavior within a developmental frame
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importance. The general principles of developmental psychopathology (i.e.
equifinality, multi-finality contextualism and constructivism) seem particularly
helpful in understanding of behavioural disorders in adolescence (Cicchetti,
Cohen, 1995; Cummings, Davies, Campbell, 2000).
The ultimate goal of the criminal proceedings against young offenders (DPR
n.448/88) is to always support the development of the youth, regardless of
the severity of the issue hampering his social integration, be it adolescent
developmental conflicts, personality or behavioural disorders or mental
health disorders affecting one’s perception of reality. From this viewpoint,
detention centres, residential communities, therapeutic communities or
probation orders may all be seen as strategies pursuing the same general
aim, rather than belonging to different domains (care-punishment).
In psycho-social terms, juvenile crimes have various level of severity, (even
though each category may include different levels of severity)
• Behaviours at risk, more than actual offences even though they
might be classified as offences in some countries, such as vagrancy;
• Status-related offences, where a given behaviour becomes an
offence in relation to the age of the person who does it, such as
sexual intercourse below a given age;
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• Offences not entailing the presence of a victim, such as drug
possession or dealing;
• Offences entailing the presence of a victim, with no direct violence
involved, such as shop-lifting, theft or burglary
• Offences entailing violence on a victim, such as sexual abuse,
robbery or homicide.
Even though different offences may be related to different psycho-
pathologies, most of the times the professionals working within the juvenile
justice services deal with antisocial personality disorders, if the definition
provided by the DSM-IV-R for adults is employed.
However, within the juvenile justice services a DSM IV diagnosis of conduct
disorder or antisocial personality disorder (described as a pervasive pattern
of disregard for and violation of the rights of the others, occurring from 15
years of age and continuing into adulthood) is not discriminative enough. In
addition, such a classification is been criticized by many authors on
theoretical grounds, as it seems excessively based on the observation of
the behaviour.
6. The assessment of antisocial behavior within a developmental frame
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For instance, Hare (1970) emphasizes that sociopathy, or antisocial
personality disorder, and psychopathy, should not be mistaken. Sociopathy
and antisocial personality disorders describe a variety of conditions such as
sexual deviations, alcoholism, asocial and antisocial behaviours, not
necessarily crime-related. On the other hand, psychopathy, defined by both
behavioural criteria and personality traits, more appropriately portrays
delinquents displaying the highest risk of re-offending and committing the
most severe offences, but who are not necessarily impulsive or antisocial
(so much that some may actually be well integrated in society, holding
responsible positions). Hare found two fixed factors in psychopathy: the first
is aggressive narcissism, i.e. egocentrism, insensitiveness and lack of
remorse (related to narcissistic and histrionic personalities, displaying low
levels of anxiety and low empathy for the others). The second factor is an
antisocial lifestyle: irresponsible, non conventional, antisocial, impulsive
lifestyle, where the individual is often sensation-seeking; it is strongly
related to criminal behaviours, low I.Q., low socio-economic status and low
education.
Frick, Barry & Bodin (2000) found similar factors while analysing disruptive
behaviours in childhood. Looking for precursors of psychopathy in
childhood, two personality dimensions were found: insensitivity (or
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coldness) and poor impulsiveness management. Insensitivity include the
following: the child does not care about school, does not feel mean or guilty,
has superficial and ingenuine emotions, does not show feelings or
emotions, acts in seductive and insincere manners, does not care about the
other people’s feelings.
A lack of impulse control may be seen in circumstances where a child tend
to boast, to get angry when corrected, think that he is more important than
the others, behave without thinking about the consequences, reproach the
others’ for his own mistakes, mock the others, be engaged in dangerous,
risky or illicit activities, change his friends frequently and get easily bored.
Both insensitive children and those with little impulse control show
behavioural problems, but it is insensitivity and a lack of emotional response
that are strongly related to an early onset of behavioural issues (a mayor
difference between adults and children is that narcissism in children tend to
be more impulsiveness-related, while in adult it is more insensitivity-
related).
Similarly, even though most adolescents imprisoned meet the criteria for a
conduct or antisocial disorder (about 8 out of ten); only 3 out of 10 meet the
criteria for psychopathy (Forth, Mailloux, 2000)
6. The assessment of antisocial behavior within a developmental frame
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While no differences emerge in relation to gender or age, psychopathy is
strongly related to narcissistic, antisocial or borderline personality traits (the
impulsive cluster of antisocial disorders). Family factors related to
psychopathy are the following: neglect or physical, sexual or emotional
abuse during childhood, family conflict, antisocial or alcoholic parents. From
an educational viewpoint, lack of parental control, incoherent discipline and
early separations during infancy are all predictive factors.
Jones and Westen (2010) recently examined the application of the
antisocial personality disorder (ASP) diagnosis to adolescents and
investigated the possibility of subtypes of ASP adolescents.
The first Q-Factor, psychopathic-like, captures the construct of the fledgling
psychopath. Adolescents who strongly match the psychopathic prototype
are emotionally cold, oppositional, lacking in empathy or remorse (i.e. they
experience little or no remorse for harm or injury caused to others and seem
unable or unwilling to understand or respond to others’ needs or feelings),
dishonest, callous, angry, violent, narcissistic, and manipulative. They are
rebellious or defiant towards authority figures and tend to be quick to
disagree. They are unresponsive to consequences and tend to engage in
criminal behaviour. Further, these adolescents seem to derive satisfaction
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and gratification from their antisocial behaviour and they derive satisfaction
or self esteem from being, or being seen as “bad” or “tough”.
The second personality subtype, Socially Withdrawn, represents
adolescents who are peer neglected and lack close friendships and social
support. Those in the socially withdrawn group not only exhibit social skills
deficits, but are also depressed, anhedonic, bored, angry, rebellious, and
impulsive. They have an external locus of control, low self-esteem, and an
immature and ill-defined self-concept and a little psychological insight into
their own motives, behaviour etc. They tend to feel like an outcast or
outsider, unhappy, depressed or despondent and appear to find little or no
pleasure in life’s activities. They can abuse alcohol or drugs, they tend to
feel helpless and powerless at a mercy of forces outside their control and
they tend to surround themselves with peers who are delinquent or deeply
alienated.
The authors labelled the third Q-Factor Impulsive-Histrionic due to the mix
of rash, reckless, theatrical, and exaggerated emotions common to this
subgroup. Impulsive and impulsive-Histrionic adolescents behave
impulsively in a variety of domains: interpersonal relationships, sexual
interactions, and substance use (i.e. they tend to be sexually seductive or
provocative, to surround themselves with delinquent peers and their
6. The assessment of antisocial behavior within a developmental frame
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relationships tend to be unstable, chaotic and rapidly changing). They seek
to be the centre of attention and will often use their sexuality to further this
endeavour; as a result, they may become rapidly involved in abusive,
dysfunctional, or inappropriate sexual relationships. These adolescents do
not have stable self-concepts but seem to derive pleasure from delinquent
activities.
Emotionally dysregulated adolescents, the fourth personality subtype,
struggle to control their emotions, which tend to change rapidly and
unpredictably. Accompanying the emotional escalations that typify this
subgroup are problems with splitting people into good and bad without
being able to integrate emotionally discordant features of their personality or
behaviour, cognitive disorganization under stress, impulsivity, inappropriate
anger, and attention seeking. These adolescents have immature coping
styles and are deficits in understanding the behaviour of others. They are
prone to outbursts of anger which are out of proportion to the situation, and
when upset, they have trouble perceiving both positive and negative
qualities in the same person at the same time; they also tend, when
distressed, to revert to earlier, less mature ways of coping (i.e. clinging,
whining, having tantrums).
The fifth Q-Factor, Attentionally Dysregulated, represents the highest
functioning subtype, characterized by a combination of both positive
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psychological features and clinical problems associated with ADHD. The
attentionally dysregulated constellation includes difficulties with maintaining
attention, distractibility, hyperactivity, restlessness, and impulsiveness. In
addition, these adolescents frequently lie, perform below their expected
level in school, blame others, and ignore consequences. Alongside these
deficiencies, however, attentionally dysregulated adolescents have a
number of strengths: they are well-liked, have a good sense of humour, and
interact appropriately with others.
Not only are cognitive issue (e.g. not thinking about the consequences of
one’s behaviours) related to the difficulties in impulse control that can be
found in antisocial behaviours, it is mainly narcissistic issues (e.g. boasting
and mocking). In a psychoanalytic approach, Kernberg (1999) located
juvenile antisocial behaviours within the narcissistic spectrum. In the
author’s view, during the identity crisis which occurs in adolescence, even
though it may be difficult to combine different aspects of oneself and of
significant others, there is a capacity to have a realistic picture of the others,
to have interests and to engage in a relationship with others. A tendency to
dominate or to be dominated, lack of empathy in interpersonal relationship,
a grandiose attitude (i.e. Impudent, feeling superior, displaying unwarranted
6. The assessment of antisocial behavior within a developmental frame
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ambitions) and behavioural issues, such as difficulties at school, underpin a
narcissistic disorder. A more severe level of narcissistic disorder is
malignant narcissism, where a narcissistic disorder and antisocial
behaviours overlap. Poor school performance and bad behaviour at school
go together with ego-syntonic aggression and, often, paranoid orientation.
In some cases such hostility, aggression and mistrust produces a proper
antisocial disorder.
Rule-breaking behaviours during adolescence are not always related to
similar issues during childhood. Empirical research shows that it is
important to distinguish between young offenders who’s rule-breaking
behaviour is adolescence-restricted (widespread, non pathological, with a
prevalence of a social motive and little aggressive) and young offenders
who’s behaviours widens to a life span (rare, pathological, often aggressive,
with a prevalence of neuro-biological and hereditary issues). In addition to
the two groups mentioned, a third group includes moderately chronic
isolated and socially withdrawn young offenders, whose antisocial
behaviour is intermittent (Moffitt, 2003).
Another possibility, in the work with young offenders, is to face someone
who’s offences are the expression of a mental health disorder, with a loss of
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contact with reality, rather than a personality or behavioural one, even
though it may temporary or related to his group culture.
Individual psychopathologies intertwine with environment-related psycho-
pathologies. Some crime is related to antisocial culture, where social
motives become more relevant than the individual’s psychological or
psychopathogical ones: their rule-breaking behaviours are not antisocial;
they actually represent a good integration within the group they belong to.
Other adolescents, such as the foreign unaccompanied minors, may offend
in order to survive in the host country.
The relationship between assessment and treatment i n the work with
young offenders
Observation and assessment are an important part of a psychologist’s work
within the juvenile justice services. The assessment may be aimed at
understanding the subjective meaning of the offence, in relation to his
personality features, the environment he comes from and his developmental
needs, and at understanding of the youth’ attitude towards criminal justice
and the provisions he is subjected to.
6. The assessment of antisocial behavior within a developmental frame
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In clinical practice, it might be helpful to have criteria guiding the
assessment, not only in diagnostic terms, but also as the grounds of a
psycho-social probation programme.
For those who have to deal with offenders, either directly or indirectly,
conducting assessments is simply part of their regular working routine. Any
intervention with an offender requires an assessment of how the
characteristics of the offender and the situation are related to a relevant
outcome (Bonta, 2002). The need to implement assessment procedures is
emphasized by research showing that adolescents with mental health
issues and a history of drug abuse are more likely to offend than the others
(Moffit et al., 2000) and by the very high prevalence of mental health issues
amongst young offenders (Atkins et al., 1999; Duclos et al., 1998; Randal et
al., 1999; Boesky, 2002; Teplin et al., 2002; Wasserman, McReynolds,
Lucas, Fisher, Santos., 2002; Vermerein, 2003; Kadzin, 2000; Vermeiren,
Jesper, Moffit, 2006; Maggiolini et al., 2008).
A recent and comparative review (Grisso, 2004) shows that the most
common issues are mood and anxiety disorders, drug-related issues,
behavioural and thought disorders. The prevalence of mental health issues
amongst young offenders is between 60% and 70%, about two to three
times more frequent than in the normal population (Kadzin, 2000, Roberts,
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Attkinson, Rosenblatt, 1998). Consequently, juvenile criminal justice
systems must be capable of identifying young offenders with special
psychological needs at first intake (Grisso, Vincent, Seagrave, 2005). A
developmental psychopathology approach (Cicchetti, Cohen, 2006) is
suitable for screening.
A developmental assessment considers individual functioning, the capacity
to adjust to the environment and well-being or stress (Riva, Trionfi, 2004).
When applied to antisocial issues, its meaning is strictly related to the
following treatment programme, as ““Any intervention with an offender
requires an assessment of how the characteristics of the offender and the
situation are related to a relevant outcome” (Bonta, 2002; p. 355).
The assessment takes place in a coercive frame (Maggiolini, 2002), where
the young offender is not experiencing the difficulties he spontaneously
seeks help for. That is why it is important, in the work with young offenders,
to first of all explain the frame in which the assessment takes place, its
objectives, who has requested an assessment and why. This preliminary
step is essential in the creation of a working alliance, which is otherwise
difficult to establish with young offenders.
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A developmental psychopathology-oriented assessment is aimed at
understanding the meaning of the offence in relation to his personality,
family, environmental and developmental needs. The assessment is indeed
not classification-oriented or nosographic, it is rather something useful to
collect information on the adolescent’s functioning, particularly those related
to the offence.
The subjective representations of the events leading to a criminal charge
are studied, as well as the developmental issues which the adolescent is
struggling with, in order to find a link between the antisocial behaviour and
the developmental path the adolescent had taken when offending. It is also
important to find the subjective meaning of the offence, often something the
adolescent himself is unaware of, because he has replaced the
subjectivation and mentalization processes with an antisocial acting out.
In short, the psychological assessment of a young offender, in such a
theoretical frame, may be seen as the assessment of the functioning of the
individual, whose core is the understanding of his developmental needs.
In order to do that, developmental issues are related to personality features
and possible shortcomings of the environment. What other theoretical
models may read as a symptom (e.g. impulsiveness, feeling persecuted, a
grandiose attitude), is actually seen as a distorted version of developmental
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issues, or obstacles hampering the chance for the adolescent to meet his
real developmental need, disguised with the antisocial behaviour.
Assessment and treatment based on the understanding of developmental
needs, may offer a solution to the recent debate (Ward, Stewaer, 2003),
between the actuarial and the clinical model. Rather than being
incompatible, the models become integrated in an innovative approach,
perfectly balanced between the nomothetic and the ideographic (Baird,
1984; Schwalbe, 2007, 2008; Shlonsky, Wagner, 2005).
Actuarial models are based on an objective prediction of the risk, carried out
with the predictive observation of the behaviour of the individual. Actuarial
approaches are aimed at identifying the so-called “criminogenic needs”
(Bonta, 2002; Hoge, 2002, Ward, Stewart, 2003), i.e. dynamic risk factors
related to antisocial behaviours in adolescence.
Differently from static and un-changeable risk factors (e.g. age of first
offence, one of the most predictive factors of re-offending), criminogenic
needs, being dynamic factors, are modifiable. Andrews and Bonta (1998)
indeed think thatpersonal and family circumstances, such as impulsiveness,
substance abuse, antisocial beliefs, once modified, decrease re-offending
rates. Criminogenic needs, by definition, provide the professionals with
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useful information about which aspects are possible to work upon.
According to the “need principle of case classification” (Andrews et al.,
1990), the juvenile justice services should ground their decisions solely on
the assessment of the individual criminogenic needs. An assessment based
on theoretically grounded and empirically valid criminogenic predictors,
measured by standardized, objective and development-sensible tests is
deemed more effective than any clinical assessment made by the
supporters of the actuarial model (Groive, Zald, Lebow, Snitz, Nelson,
2000).
The actuarial model focuses on recidivism risk and aims at reducing re-
offending rather than helping the adolescent overcome his developmental
impasses. While it remains desirable for a young person to improve his
potentials, it not the primary goal of the intervention. On the contrary, a
clinical model is first of all aimed at improving the young offender’s skills
and resilience, by helping the adolescent overcome his difficulties and
consequently, in theory, preventing re-offending (Ward, Stewart, 2003).
While the clinical model is in line with the most recent theoretical and
practical recommendations of the developmental psychopathology, the
recidivism-control model has ruled the treatment of young offenders
(Andrews, Bonta, 1998; Ashfort, Sales, Reid, 2001; Garland, 2001). Even
though Bonta (2000) insists on the superiority of the actuarial model and is
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quite sceptical about the possibility of integrating it with the clinical one
(Bonta, 2002), a recent approach in the international debate suggests that a
combined actuarial-clinical model sacrifices neither the depth of the clinical
understanding nor the empirical evidence of actuarial measures (Schwalbe,
2008; Shlonsky, Wagner, 2005).
Following the identification of the individual’s criminogenic needs, the
actuarial model does not provide information about the clinical decisions to
be undertaken, nor does it recommend how a change may be produced and
a disrupted developmental path overcome,. It simply tells the clinician how
future re-offending may be predicted (Shlonsky, Wagner, 2005). However,
the link between statistic relevance and empiric predictability on the one
hand, and tailored development-based individual treatment on the other is
not clear.
Such a link may be found if criminogenic needs are seen as distortions or
normal expressions of developmental needs (Ward; Stewart, 2003), i.e. as
internal (personality-related) or external (environment-related) obstacles
hampering a favourable developmental path leading to an impasse in the
development. A psychological assessment should then be focused on the
understanding of the real developmental needs of the young offender, in
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relation to personality features and resources, and the way unmet
developmental needs manifest through the so-called criminogenic needs.
When the actuarial and the clinical model are kept separated, one may not
see which developmental needs underpin apparently similar constellations
of criminogenic needs, so that programmes tackling such constellations
may be put in place, but with no change produced on the young person’s
development.
The aims and how to perform the assessment of young offenders.
Personality assessment responds to the following issues: “sound mind”,
relevance of fact, whether a pre-trial measure is appropriate and which,
whether a probation order is suitable, whether alternative sanctions are
suitable, possible positive outcome of a conviction, its severity and how to
modulate it (Losanna, 2008).
Following a developmental psychopathology approach, a change in the
paradigm employed for the personality assessment of juvenile delinquents
occured (Centomani, Martino, 2008). The focus became the analysis of the
offence, with particular regard for its subjective meaning, the degree of
responsibility at the time of the offence and thoughout the criminal
provision, the way he talks about himself, his identity, his personal, family,
social and environmental resources. Also included is an assessment of the
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environment, with particular regards for the educational styles, and the
development of a criminal career. The prognosis is informed by the concept
of social dangerousness. The assessment informs the treatment.
The aims of the psychological assessment of young offenders includes
identifying the relevant personality features and/or mental health issues, in
the individual dynamic between the developmental needs of the young
person, their interactions with static and dynamic risk factors (the so-called
criminogenic needs) and protective factors within the person or his
environment. A second set of aims includes the assessment of the risk of
re-offending and the risk of violence, overlapping with the concept of “social
dangerousness”. A third aim is the assessment of the degree of maturity –
immaturity of the young person, with particular regards to the way they
affect his degree of responsibility. Finally, the psychological assessment,
should investigate the young offender’s access to treatment where the basis
of an adequate psycho-educational, judicial and social programme may be
posed..
Interviewing and tests
In addition to interviews, the assessment may include the use of tests.
6. The assessment of antisocial behavior within a developmental frame
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Interviewing young offenders may be particularly difficult, due to them being
prone to acting-out and having s poor capacity to symbolize.
The psychologist has to adjust his usual listening approach, in order to
become more active than when faced with someone who acknowledges
that they have a problem and has sufficient capacity for mentalization.
The psychologist should engage with an understanding of the subjective
meaning of the offence (Maggiolini, 2002). A psycho-dynamic understanding
combines with judicial demands, implying that the assessment is not
primarily oriented to define the suitable psychotherapeutic treatment, rather
the suitable criminal and socio-educational provision.
During the initial interviews it can be helpful to understand whether a given
behaviour is acknowledged a rule-breaking value, and whether the young
person is clear that it is illegal. The developmental circumstances under
which the offence occurred are investigated: frequently antisocial
behaviours take place in moments of change (e.g. the end of the school),
crisis or failure in one’s development. At the end of this first stage, the
young person and his parents are given an interpretation of what has
happened, “shaping” the event in a different way, in order to come to a
shared understanding.
An assessment of the young person’s development follows, with particular
regard for the adolescence developmental tasks, i.e. separation-
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individuation processes, social integration, development of a sexual identity
and of realistic plans for the future.
Developmental impasses are liaised with personality features or
shortcomings of the environment. Impulsiveness, lack of appropriate guilt,
grandiose attitude, insensitivity, depression or persecutory attitude are not a
disorder to treat, but a distorted version of developmental issues, preventing
the adolescent from developing an appropriate social identity and taking
responsibility for his behaviour. Obstacles to the adolescent’s behaviour are
often found in the environment rather than in the personality of the young
person. In such cases the antisocial behaviour is the expression of the
developmental psychopathology of his environment.
Family relationships, with particular regard to attachment and control
functions, school performance and behaviour at school, peer relationships
and intimate relationships, the relationship with one’s body, the usual mood
and the possible presence of risk-taking behaviours, allow for the Ego ideal
to be investigated. When working with immigrant youths, the assessment
includes the young offender’s feelings about the immigration, the story of
the migration process and the arrival in the host country, his motivations and
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his expectations.
The young offender’s viewpoint is very much taken into account, regarding
the charge, the empathy with the damage or the pain caused, the capacity
to anticipate the consequences of his actions, whether the offence was
planned or impulsive; in case of violence, whether it was predatory, reactive,
fight or flight. When other people participated the crime, the role of each
subject is explored. Even when there is no admission of guilt, the way the
young person and his family reacted to the charge might be important.
The psychologist explores whether the young person can take responsibility
for his behaviour (i.e. admission of guilt, acknowledgement of its meaning
and its severity, capacity to plan a programme, capacity to engage in it),
with the aim of working on a shared probation programme, to be presented
and discussed with the court.
The outline of the interviews with parents may be similar (e.g. explaining the
frame of the assessment, exploring what they think about their son and
possible education difficulties...). Interviewing the parents may provide
indirect information about the problems and the possible presence of a
psychopathology and direct information on education and attachment
styles, parental control and empathic mirroring (while family circumstances
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and events are usually collected by the educator or the social worker). The
parents might or might not be able to access their son’s difficulties and
understand his motivations, taking responsibility for his behaviour.
With young offenders the interpersonal difficulties emphasized by the
literature in relation to the use of projective tests with adolescents multiply. A
psycho-diagnostic setting, per se, tend to illicit intrusion and evaluation
fears. However, it is possible to make a potentially judging and intrusive
experience an emotional self-exploring and interpersonal experience,
promoting a working alliance and enabling the young person to get in touch
with his own internal world (Aliprandi, Bassetti, Riva, 2000).
While criminological research on adults seems sceptical about the reliability
of psychological assessment in judicial examinations, the experience with
young offenders show that when the adolescent is directly and transparently
aware of the use of tests in an assessment for a court, and he is helped to
discuss his doubts and worries, he quickly dismisses opportunity
considerations. His often strong anxiety about being tested, does not
address the judge, but the adult in front of him or, even more so, to the
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internalized adult, some sort of internal parent who has long been judging
and mortifying him, undermining his potentials (Riva, 2002).
With the use of psychological tests the understanding of the young person
goes beyond his awareness, they may provide some information in a faster
manner than interviewing, which still remains of paramount importance in
the assessment, and they tend to be more objective than clinical
judgements. In Hoge’s opinion (2002): the quality of a psychological
assessment is directly related to its validity, and its validity may be improved
with the use of standardized assessment tools.
Some guidelines for the selection and use of assessment instruments with
antisocial youths (Bonta, 2002) include the following: assessment of
antisocial youths should be based on actuarial measures capable of
empirically sound prediction about recidivism and re-offending; assessment
instruments directly relevant to criminal behavior (i.e. criminogenic needs
factors); select instruments derived from relevant theory, reliable, and
empirically validated; use different methods to assess risks and needs
because the predictive validity of assessments can improve when different
methods are combined: when different methods are used, the weakness of
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one assessment instrument can be compensated by the strength of another
test.
From a methodological point of view, depending on its aims and the
moment it takes place, a “screening” process and an “assessment” process
may take place. The distinction between the two is not always clear, given
the general trend to define “assessment” whichever measure of the
psychological features of an individual (Grisso et al., 2005; Wasserman et
al., 2003).
Screening and assessment may be seen as two hierarchic steps of
identification of needs and developmental issues within the juvenile justice
services.
Screenings provides a type of economical identification applied to all youths
at intake within the juvenile justice services, whereas assessment, following
a screening, provides more extensive and individualized identification of
mental health needs to those youths whose screening results suggested
that was warranted (Grisso et al., 2005; p. 12)
It is important to emphasize that screening and assessment do not
necessarily involve different area of investigation. Both steps focus on
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personality features and psychopathology, risk of re-offending or
behavioural disorders and psycho-social or adjustment problems. However,
the screening is particularly important at intake and provides a less tailored
view on the nature of the young person developmental needs; while the
assessment provides a longer, wider and individual understanding of the
young person, his needs and his possible developmental paths.
Screening is carried out with every young offender at intake within the
juvenile justice services, it tends to focus on those conditions requiring
immediate attention/response, such as substance abuse or suicidal risk.
Psychological and behavioural information is collected in a rapid, efficient
and inexpensive manner, with the immediate identification of the needs
which require a quickly responds.
Most juvenile justice services lack a structure capable of establishing in
advance which areas should be explored. However, influential authors
(American Academy of Child and Adolescent Psychiatry, 2005; Boesky,
2003; Grisso, 2004; Wasserman, Jensen, Ko, 2003) suggest that the
screening taking place within the juvenile justice services should include
emotional and anxiety symptoms, the likelihood of aggressive behaviours,
self-harming behaviours or suicide in the short-term and drug abuse-
misuse.
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For the screening to be effective the tests employed should be
standardized, valid and reliable (Wasserman, 2003; American Academy of
Child and Adolescent Psychiatry, 2005). Notwithstanding the strong
recommendation to provide a systematic, planned and standardized
screening at intake, it has rarely been carried out within the juvenile justice
services so far (Bailey, Trabuck, 2006)
Assessment – in contrast to screening, the assessment provides a
comprehensive and tailored view of the young offender’s functioning. While
the screening provides answers to short-term questions such as: “Is the
young person likely to assault someone while in CPA? Is it necessary to
take precautions against the risk of self-harming?” - the assessment
provides useful information for the identification of a long-term programme
or treatment (Grisso et al., 2005).
Differently from the screening, the assessment is selective, as it cannot be
carried out for all the young offenders involved with the juvenile justice
system. Three selection criteria (Grisso et al., 2005) may be the following:
an assessment is to be carried out in order to explore in depth issues
arising from the screening, in order to answer a judicial question, or in order
to share with the young person a tailored programme.
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The assessment provides a wide understanding of the psychic functioning
of an individual, his adjustment skills, whether he is experiencing some
stress and the relationship between personal features, the environment,
criminogenic needs and developmental needs.
The most important areas to be explored may be: personality features, with
the help of tests for a clinical assessment; the risk of re-offending, with the
help of actuarial tests and issues concerning the judicial frame where the
assessment takes place, with the help of so-called “forensic” tests (Grisso,
1986; Grisso et al., 2003).
Finally, the assessment taking place in the juvenile justice systems should
be carried out by more than one professional, by the “institution” itself,
meaning a device combining different competences and objectives. The
interdisciplinary assessment team (Centomani, Martino, 2008) is
fundamental to collate different viewpoints and competences in one
narration. It may include educators, psychologists, social workers, cultural
mediators, medical doctors, probation officers and professionals from
various agencies.
The Massachussetts Assess Youth Symptoms Instrument-2 (MAYSI-2;
Grisso, Barnum, 2003) may be recommended for screening. It was
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developed as a brief, self-reporting tool and can be administered by
persons without clinical youth training at any entry or transitional placement
point in the juvenile justice s. It was designed to identify youths
experiencing thoughts, feelings, or behavior that may be indicative of
psychopathologies and/or an acute emotional crisis requiring immediate
attention (Grisso et al., 2005). As a screening tool, the MAYSI-2 assesses
emergency treatment needs, especially for serious depression, suicidal risk,
aggression that might harm others in detention and potential consequences
of substance abuse withdrawal. The MAYSI-2 screens for symptoms of
mental and emotional disturbance, as well as potential crisis problems.
MAYSI-2 screening should be conducted within the first 24 hours of a youth
being admissed into the juvenile justice system. It is appropriated for use
with boys and girls between 12-17 years of age and administration scoring
is quite short (about 10-15 minutes).
The instruments consist of a paper and pencil questionnaire containing self-
report inventory of 52 questions. The seven primary scales are: 1)
Alcohol/Drug Use, 2) Angry-Irritable; 3) Depressed-Anxious; 4) Somatic
Complaints; 5) Suicide Ideation; 6) Thoughts Disturbance (validated only for
boys); 7) Traumatic Experiences. Research in the juvenile justice field has
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affirmed the instrument's reliability (Archer, Stredny, Mason, 2004; Cruise,
Dandreaux, Marsee, 2004). In other studies Wasserman and colleagues
(2004) found that most of the scales correlated best with DSM-IV diagnostic
clusters as measured by the Diagnostic Interview Schedule for Children –
Version IV (DISC-IV). Several studies found that MAYSI-2 scores predicted
future behaviors or conditions including, institutional maladjustment (i.e.
isolation for inappropriate behavior); services provision by mental heath and
juvenile justice professionals; lengthier sentences for higher scores; staff
intervention for suicidal risk, sexual misconduct, and assault on staff
members.
The MAYSI-2 represents a valid and reliable standardized assessment tool
in the juvenile justice systems; however it should be recommended as a
secondary assessment when youths score above the “Caution” cutoff on
any of the scales (Borum, Woldpaw, 2008). Significant correlations with
other personality questionnaires, for example the Youth Self Report (Grisso
et al., 2001) and the MMPI (Espelage et al., 2003) suggest their use in the
following phase of youth assessment.
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Personality assessment
Psychological assessment focuses on the functioning of the individual, his
adjustment skills, his well being or his experiencing stress. There is a
number of assessment models: some focus on symptoms, their presence
and co-presence, their duration and their intensity; while others focus on the
personality as a whole, the individual history and the quality of the family
and social environment. Rarely in adolescence does “normality” mean lack
of symptoms; further development depends upon the way adolescence
developmental tasks are dealt with and overcome.
Assessing an adolescent may mean a better understanding of the way he
faces developmental tasks, engaging him in the development of a social
identity, in the integration in his mind of his sexual body, in the individuation-
separation process, in the working through of his internal objects, with
regards to both the AXES of his image and his value, and that of the
relationships with significant others.
The paramount importance of the developmental dimension in adolescence
can be seen as a limitation in the use of categorial and dimensional
systems of personality features classification. The fluid and changeable
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adolescent psyche does not easily fit in a categorial classification. Nor does
a dimensional assessment of personality traits apply easily, as traits'
constellations are subject to frequent changes due to the re-organization of
the whole personality. A psycho-dynamic assessment in adolescence
focuses on two processes: developmental needs and the adolescence's
capacity to develop an adequate identity.
In a developmental psychopathology approach, the environment is very
important, as negative interactions between the adolescent, with his
developmental needs, and the environment may underpin antisocial
behaviours.
Both the way the adolescent is developing his personality and the dynamics
of his functioning within his environment are explored. The concept of
“developmental task” itself combines intra-psychic aspects, personality-
related and relational aspects, related to the young person's “enlarged
psychic space
An assessment taking place within a juvenile justice setting requires a
bifocal perspective not limited to the psychologist-patient relationship but
rather involving every professional within the assessment team. The team
looks at the young offender within his different settings and social roles,
informative of “affective roles” not necessarily integrated in one
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representation of himself. The assessment understands the subjective
meaning of the choices and the behaviours of the young person, in their
expressive and communicative message to the environment (Maggiolini,
Riva, 1998). In the understanding of the motives of the offence, the young
person's desires, values and way of interpreting interpersonal relationships
in relation to developmental needs are explored. Juvenile crime may be the
expression of a rule-breaking attitude, behavioural disorders or antisocial
personalities or some more severe psychopathology. The combination
between individual predisposition, based on temperamental traits (such as
negative emotions, low self esteem, insensitivity and poor impulse control),
and dysfunctional interpersonal schemes or dysfunctional schemes of what
to expect from the other (such as the tendency to overvalue the others'
hostility and responsibility about the events) are explored (Dodge,
Lochmann, Laird, 2001).
Grisso and colleagues (2005) recommend a developmental theoretical
frame when assessing young offenders, changing the way his problems are
conceptualized and the strategies employed to assess them and summarize
the following points (p. 37):
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• Identifying a youth's mental disorders is greatly complicated by the
normal developmental changes in young people across adolescence;
• Youths who have mental disorder are quite likely to have more than
one;
• Mental health information about youths is likely to have a shorter
“shelf life” than such information about adults. Development and
change happens more rapidly for youths than for most adults, so that
what we see when we identify a youth’s mental disorders, at a given
time, may change when we see them in a year;
• Most youth violence is not “caused” by mental disorders. But many
mental disorders increase the risk of delinquency and aggressive
behaviours;
• We need to think about the “seriousness” of youths' mental health
needs in two ways. Some youths' disorders are serious because their
symptoms are currently severe and require immediate attention.
Other youths' disorders are serious because they are pervasive,
involving chronic problems that have persisted since childhood and
are likely to continue well into their adult lives.
The personality assessment of young offenders involves the relationship
with the significant others, with particular regards to attachment issues (e.g.
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does he care about the others? Does he feel they care?) parental control
(e.g. is he given rules? Does he respect them?) and value (e.g. are they
proud of him? Does he feel they value him?). Academic or job performance,
as well as hobbies or personal interests, provide information about the
adolescent's self-efficacy and his capacity to engage. Hyperactive or
oppositional-defiant disorders in childhood are also explored, and whether
the adolescent is not so grandiose as to have an inappropriate relationship
with the authority. Frequently young offenders show poor performance and
behavioural problems with their teachers and other pupils.
They may be related to attention or cognitive shortcomings that are not
acknowledged, as they are disguised through behavioural issues. It might
be useful to see whether such dysfunctional interpersonal relationships
have had positive or negative developments from school to work. Relational
style with friends provides information about the capacity to engage in
relationships, even in case of disrupted family relationships or whether the
adolescent is withdrawn or on the contrary over-engage in an antisocial
group, with a domination-submission dynamic. Relationships with the
opposite sex may also provide information about the capacity to engage in
non-manipulative relationships, to integrate sexuality and care. Information
6. The assessment of antisocial behavior within a developmental frame
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on impulse regulation, body-related and image-related anxieties, eating or
sleep disorders is also collected. The general mood and mood swings give
information about the tendency to feel high or depressed, and the capacity
to manage emotions. As many young offenders act out dangerous
behaviours, the presence of sensation-seeking attitudes, impulsive
behaviours even if un-related to crime, ego-syntonic aggressiveness,
reactive or not, is also explored. Finally, the adolescent's capacity to set
realistic plans for the future is considered.
The assessment of personality features and developmental issues
combines with the assessment of mental health issues. Adolescents with
mental health issues and a history of drug abuse are more likely to offend
than the others (Moffit et al., 2000). Moreover, the prevalence of mental
health issues amongst young offenders is very high (Atkins et al., 1999;
Duclos et al., 1998; Randal et al., 1999; Boesky, 2002; Teplin et al., 2002;
Wasserman, McReynolds, Lucas, Fisher, Santos., 2002; Vermerein, 2003;
Kadzin, 2000; Vermeiren, Jesper, Moffit, 2006; Maggiolini et al., 2008).
A recent and comparative review (Grisso, 2004) indicated mood and
anxiety disorders, drug-related issues, and behavioural and thought
disorders as the most common mental health disorders amongst young
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offenders. The prevalence of mental health issues amongst young offenders
is between 60% and 70%, about two to three times more frequent than in
the normal population (Kadzin, 2000, Roberts, Attkinson, Rosenblatt, 1998).
In addition, the assessment of cognitive impairment and attention-deficit-
hyperactive-disorder is not frequently carried out within the juvenile justice
setting, even though they are significantly more frequent amongst young
offenders than in the normal population. Having said that, those meeting the
criteria for one or more psychiatric diagnosis, do not necessarily coincide
with those that would require psychological and/or psychiatric treatment
(Grisso, 2004). Finally, a psychiatric diagnosis of a mental health disorder is
the only way to describe the psychological needs of young offenders, as
different from a symptoms-based,dimensional, or a problem-oriented
approach. Most importantly, it rarely meets the demands of an assessment
carried out within a developmental psychopathology frame (Cicchetti,
Cohen, 1995).
The professionals within in a juvenile justice setting should be very aware
that the tests used to quantitatively and qualitatively assess mental health
disorders, whether of a temporary or fixed features of his functioning,
whether normal or pathological, were not created for the purpose of a risk
6. The assessment of antisocial behavior within a developmental frame
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assessment or an assessment taking place. Having said that, the
assessment of severe mental health disorders, or pervasive and
dysfunctional personality traits, may guide the professional to determine
which treatment to provide (Grisso et al., 2005).
The Achenbach System of Empirically Based Assessment (ASEBA;
Achenbach, 2001) is widely used for personality assessment. It was
developed to meet the need for practical, low-cost assessment of youths’
behavioural problems in several contexts. These contexts include: juvenile
justice, mental health, medical and educational settings.
The ASEBA includes the Youths Self Report for ages 11 to 18 (YSR) which,
obtains youths’ report of their competencies and problems in both
quantitative and qualitative forms. Several syndromic scales derived from
the questionnaire, assessing both internalizing (i.e. anxious/depressed;
withdrawn/depressed; somatic complaints), externalizing (i.e. rule breaking
behaviour, aggressive behaviour) and borderline (i.e. social and thoughts
difficulties) problems.
The ASEBA allows other perspectives on youths’ functioning whenever
possible: youths are important sources of information about their own
functioning, however they may not always provide accurate reports of their
competences. To provide a systematic overview of youths functioning the
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ASEBA includes the following companions to the YSR: Child Behaviour
Checklist for ages 6 to 18 (CBCL) which is completed by parents, parent
surrogates, and others who play parental roles, such as staff members of
residential facilities; Teacher Form Report (TRF) which is completed by
teacher and other educational personnel. The ASEBA’s approach is
especially good for multicultural research. The ASEBA instruments can be
easily translated for use in diverse cultures. There are translations in over
80 languages and thousands of published reports of the ASEBA being use
in over 67 cultures. Numerous multicultural comparisons of ASEBA findings
have been published. Subsequent studies by Achenbach and Rescorla
(2007) from dozens of societies have analysed tens of thousands of CBCLs
from 31 societies, TRFs from 21 societies, and YSRs from 24 societies.
ASEBA forms can be used in many ways in juvenile justice contexts.
Examples of findings for juvenile justice populations include strong
association between CBCL/YSR scores and drug abuse, symptoms of the
DSM-IV diagnosis of conduct disorder and suicidal tendencies on the other
(Crowley, Mikulich, Ehlers, Whitmore, MacDonald, 2001). Examples of long-
term prediction of delinquent behaviour from ASEBA scores include
significant prediction of police contacts, substance abuse and behavioural
problems (Achenbach et al., 1995, 1998; Ferdinand, Blum, Berhulst, 2001).
6. The assessment of antisocial behavior within a developmental frame
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In addition, these studies showed the ability to prediction many of the
problems that may be of concern to juvenile justice, such as suicidal
behaviour, unwed pregnancy, dropping out of school, receipt of mental
health services, and being fired from jobs (Grisso et al., 2005).
The ASEBA system shows remarkable strengths including:
1) The forms are short, clear and available in a number of languages;
2) Scoring and interpretation are quite easy;
3) The parallel use of three forms (YSR, CBCL, TRF) provides a
systematic approach and the chance to put together the adolescent's
viewpoint and that of his significant others';
4) The interpretations are valid and culture-sensitive, with specific
standards provided for a number of countries.
The assessment of violence and re-offending risk
Reducing re-offending is one of the main goals of the juvenile justice
services. The assessment of young offenders should therefore include
positive and negative factors, within the person or his environment. One
may also wonder about the relationship between psychological objectives,
such as promoting responsibility and the youth's development, and
objectives related to behavioural control.
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In a juvenile justice setting, the risk of re-offending, i.e. the chance that the
juvenile offender might keep in the future the present antisocial behaviour,
becomes the core of the decision on which the criminal provision isapplied.
An accurate assessment may prevent the criminal provision from being the
same for all young offenders, regardless of the risk of re-offending.
As described above, in a developmental psychopathology framework, the
assessment should include the environment the young person lives in. In
the assessment of re-offending risk and risk factors related to antisocial
behaviours, factors within the environment are taken into account, often
very much explaining the antisocial behaviour, alongside other personal
factors.
Rather than a strictly clinical assessment, psychological tests assessing the
risk of re-offending are mainly based on the observations of the young
offender's behaviour, his environment and the presence of behavioural
problems in the past.
Persistent young offenders tend to be males, manifesting behavioural
problems in childhood, with severe school difficulties, poorly integrated in
society and with disrupted families; they normally have a number of
behavioural issues and showed early rule-breaking attitudes. The type of
6. The assessment of antisocial behavior within a developmental frame
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offence is less predictive of future re-offending (Rutter, 1998). Some studies
show that episodes of violence in the past or frequent episodes of violence
in the present are relatively reliable indicators of future violence (Moffitt,
2003). Psychopathy may also predict violence. (Forth & Burke, 1998; Frick,
1998; Salekin, Ziegler, Larrea, Anthony & Bennett, 2003). Recent reviews
and meta-analyses recommend that psychopathy should be considered
when assessing re-offending risk for both adolescents and adults. Most risk
models include the measurement of psychopathy, which seems to be highly
predictive.
In summary , the most widely recognized risk factors in the assessment of
re-offending and social dangerousness are the following:
1. Age of first offence
2. Number of previous convictions
3. Type and severity of the present and past convictions
4. Previous criminal provisions
5. Alcohol or substance abuse
6. Current difficulties at school or difficulties in the past
7. Antisocial friends
8. Family disruption and lack of parental control
9. Physical or sexual abuse
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10. Social services care in the past and its outcome
11. Gender
Short and long-term re-offending risk is important to consider when
assessing young offenders (Hoge, 2002; Grisso et al., 2005).
In Italy, the assessment of re-offending risk is usually carried out in non
astandardized manners, on the basis of the expertise of the professionals,
even though a number of tests have been internationally developed, both in
the US, where about three quarters of the juvenile justice services use
standard procedures of assessment (Barton, Gorsuch, 1989), and in
Europe.
An intuitive approach may help, but it may be unreliable or inaccurate. In
fact, limits can also be found in approaches exclusively based on statistical
assumptions. For instance, if it is estimated that a given group of subjects,
say a group of young offenders at intake in CPAs, have a 30% re-offending
risk the, it may mean that each adolescent has a 30% risk or that 3 out of
10 adolescents have a 100% re-offending risk rate, and the other 7 out of
10 have a 0% re-offending risk rate, i.e. no risk at all. Extreme as it is, this
6. The assessment of antisocial behavior within a developmental frame
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example emphasizes that the individual's unique degree of risk needs to be
assessed.
In order to overcome the unsystematic approach to data collection, exposed
by the literature of the field (Baird, 1984; Towerman, 1992; Wiebush et al.,
1995), a number of standardized tests have been created, for the
assessment of re-offending and violence risk (Champion, 1994; Hoge,
1999, 2001; Hoge, Andrews, 1996; Wiebush et al., 1995). Evidence shows
that “in order to find the antisocial adult of tomorrow we need to look for the
antisocial child of today” (Lynam, 1996): it is only a small proportion of youth
that display early antisocial behaviours that become chronic during
adolescence and committing about 50% of all crimes (Farrington, 1995;
Loebert, Stouthamer-Loeber, 1998; Moffit, 1993). To reduce re-offending is
is essential to identify adolescents at risk, in order to prevent their violent
and antisocial behaviours from becoming chronic(Grisso et al., 2005).
The actuarial approach has long been the “gold standard” in the
assessment of re-offending risk (Bonta, 1996; Hoge, 2002; Andrews, Bonta,
1998; Welsh et al., 2008; Wong et al., 2007; Andrews, Bonta, Wormith,
2006) and it has produced increasingly advanced, “generations” of tests
(Bonta, 1996).
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First generation tests were largely based on unstructured clinical
judgements. Notwithstanding their positive outcomes (Boothby, Clements,
2000), their predictive validity was marginal (Andrews, Bonta, Wormith,
2006).
Second generation tests had a more empiric approach, even though only
the static risk factors were considered (Kraemer et al., 1997). The limitation
of the second generation tests includes the lack of a theoretic paradigm
informing them, the fact that change was not assessable and that
indications for further treatment could not be drawn.
Third generation tests tried to respond to such limits by introducing dynamic
factors, and providing theoretically grounded indications, mainly coming
from the social learning paradigm.
Even though dynamic risk factors were included, third generation tests have
been criticized for their lack of gender sensitivity and for the main focus
being on risk assessment, while protective factors and strong points of the
adolescents were omitted(Brennan et al., 2009).
More recently, to respond to such criticism and to overcome the debate
between an actuarial and clinical approach in the assessment of violence
and re-offending risk, fourth generation tests have been produced (Wong et
al., 2006; Andrews, Bonta, Wormith, 2006; Brennan et al., 2009), where
6. The assessment of antisocial behavior within a developmental frame
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another approach, defined the ““structured professional judgement” (Grisso
et al., 2005) was proposed. Such an innovative approach tries to improve
the clinical judgement by providing a structure and standardized decision
process, while at the same time improving actuarial measures by
introducing the relevance of clinical interpretations (Borum, 1996, Borum,
Douglas, 2003).
The Psycopathy Checklist: Youth Version (PCL:YV; Forth et al., 2003) is
widely used for the assessment of social dangerousness. Modern
conceptualizations of psychopathy view it as characterized by a
constellation of interpersonal (e.g., egocentric), affective (e.g., callous), and
behavioural (lifestyle and antisocial traits; e.g., impulsive) traits (Blonigen,
Hicks, Grueger, Patrick, Gacono, 2006; Cleckley, 1976; Hare, 1991).
Research involving adults indicates a strong relationship between
psychopathy on the one hand and serious repetitive crime, violent
behaviour, and a poor treatment response on the other. But psychopathy
does not emerge suddenly in adulthood: researches and clinician believe
that psychopathic traits are manifested early in life (Forth, Mailloux, 2000;
Frick, Berry, Bodin, 2000; Cruise, 2000; Forth, Burke, 1998): this belief has
led to a growing body of research into children and adolescent psychopathy.
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As in adults, adolescent psychopathic personality traits are associated with
violence and recidivism.
Via a structured clinical rating approach the PCL:YV is an instrument
designed to assess psychopathic traits and behaviour in male and female
adolescents ages 12-18 years old.. It was adapted from Hare Psychopathy
Checklist – Revised (PCL-R; Hare, 2003), considered to be the gold
standard in the assessment of adult psychopathy (Fulero, 1995). The
PCL:YV consists of 20 items that measure the interpersonal, affective and
behavioural dimensions considered to be fundamental to the construct of
psychopathy (i.e. grandiose sense of self-worth; pathological lying; lack of
empathy; failure to accept responsibility; criminal versatility). Each item is
scored either as a 2 (the item “definitely applies”), 1 (the item “applies to
some extent”) or 0 (the item “definitely does not apply”). Several sources of
information are needed to score the PCL:YV – namely a semi-structured
interview with the youth and a review of available file and collateral
information.
Confirmatory factor analysis across all the samples suggested that a model
with four correlated factors provides a good explanation for the pattern of
PCL-YV scores (Forth et al., 2003): a first factor is an interpersonal
dimension (i.e. “impression management”), a second factor is an affective
6. The assessment of antisocial behavior within a developmental frame
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dimension (i.e. “callous”), a third factor is a behavioural dimension (i.e.
“lacks goals”). The final factor is an antisocial dimension (i.e. “serious
criminal behaviour”).
The items are summed to obtain a total score ranging from 0 to 40.
Research suggests a subdivision in three level of seriousness: “high” (>30),
“medium” (18-29) and “low” (<18).
Although the PCL-YV was not designed as a measure for predicting
criminal behavior, a growing body of research suggests that it is a strong
predictor, particularly with respect to violent behavior (Forth, Mailloux,
2000). Gretton and colleagues (2001) in a sample of adolescent sex
offenders found that high scores were associated with attempted and
successful escape from custody and theviolation of the condition of release.
Catchpole and Gretton (2003) found that PCL-YV scores were related to
general and violent recidivism. Perspective studies confirm the predictive
validity of the PCL:YV (Gretton, Hare, Catchpole, 2004; Vincent, Vitacco,
Grisso, Corrado, 2003; Corrado, Vincent, Hart, Cohen, 2004; Rowe, 2002).
Issues have been raised about the appropriateness of applying the
construct of psychopathy to youths and the consequences of doing so
(Seagrave, Grisso, 2002; Edens, Skeem, Cruise, Cauffman, 2001). The
clinicians may be reluctant to apply the PCL-YV because the considerations
around psychopathy may be read as oppositional to the most scientifically
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valid models of developmental psychopathology. However, research studies
have shown that psychopathy in childhood shows prevalence (Cruise, 2000;
Forth, Burke, 1998), functioning (Schrum, Salekin, 2006; Vincent, 2002) and
factorial structure similar to the adult one. Moreover, a genetic
predisposition to psychopathy has been found at seven years of age
(Viding, Blair, Moffitt, Plomin, 2004). Finally, Decoene and Bjttebier (2008)
state that an underlining grandiose attitude, lack of empathy and ego-
centrism in childhood does not imply that different developmental pathways
are not possible, not leading to a psychopathic disorder in adulthood.
The assessment of the youth's maturity
Under Italian law, in order to be punishable, young offenders must be of
sound-mind, i.e. “able to understand and to want” in the moment he
committed the crime. “Understanding” refers to the ability to understand the
meaning of the fact, in relation to its possible consequences on others,
while “wanting” refers to the ability to determine one's behaviours, in relation
to conscious intentions. With young offenders, the assessment of maturity is
more relevant than the assessment of an acclaimed psychopathology
(Fornari, 2004), due to the inappropriateness of fixed
6. The assessment of antisocial behavior within a developmental frame
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personality/symptomatic constellations in adolescence, as it is a period
characterised by change and development.
Theories regarding the “ability to understand and to want” and the liability of
young offenders depend upon historic changes in the relationship between
psychiatry and law, and also upon geographic differences (Ceretti,
Merzagora-Betson, 1994). In the past, mental health disorders possibly
leading to non-liability to prosecution were limited to those classified in Axes
1 of the DSN-IV-TR (APA,2000). However, a 2005 verdict of the Supreme
Court acknowledged that personality disorders might also be relevant to
non-liability matters.
The competence to stand trial remains a very variable field, with regards to
the methods and the tests used (Borum, Grisso, 1995). Recently, a focus on
the juvenile competence to stand trial has emerged, as it is within the
juvenile justice services that such an issue becomes of primary importance.
Guidelines have been proposed by some authors with regards to
procedures, areas to be explored and how to perform the assessment of the
juvenile competence to stand trial (Barnum, 2000; Grisso, 1998). They
suggest that the degree of development of the young person should be
explored, as well as the presence of mental health disorders, cognitive
impairment or impairment in the psycho-social development (Grisso, 1998).
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Moreover, the degree of maturity, the moral and the emotional development,
movement and language skills and mental health psychic and behavioural
childhood-onset disorders should also be explored (Barnum, 2000; Bonnie,
Grisso, 2000; Grisso, 1998; Oberlander, Goldstein, & Ho, 2001; Ryba,
Cooper, Zapf, 2003).
With adolescents, it is difficult to say whether a given problem is the
expression of some normal immaturity, compatible with a normal and
developing condition, or the outcome of a mental health disorder, a
personality disorder, a cognitive impairment or an organic disease, or
produced by severe emotional immaturity. The adolescent is “normally
immature” (Faraglia, Maggiolini, 2008) in a number of ways affecting his
ability to behave responsibly, due to the limited ability to make decisions
and appreciate their consequences and his dependence upon the others
(making him subject to external conditioning) and to his personality still in
process (Steinberg, Scott, 2003).
The most recent psychological and neuro-psychological studies into the
development of antisocial behaviour (Paus, 2005; Raine, Lee, Yang, Coletti,
2010) emphasize that the adolescent is usually immature. They are
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informing the trends of juvenile criminal justice (Bruber, Yurgelun-Todd.
2006). For instance, in the US the American Psychiatric Association, the
American Academy of Child and Adolescent Psychiatry and the American
Society of Adolescent Psychiatry have requested that death criminality for
young offenders under 18 is abolished, on the grounds that adolescents are
empirically proved immature (Miraglia, 2005).
Every adolescent, deserves that the assessment of his behaviours takes
into account his developmental immaturity and that the response from the
criminal justice is mitigated. However, difficulties in the assessment of the
degree of maturity (which may lead to non-liability to prosecution) remain.
Neuro-psychological studies emphasize the immaturity of the adolescent's
brain, so that, as Giedd says, it may be unfair to expect from the adolescent
the same level of organization and decision-making powers as those of an
adult, when his brain has not yet stopped growing (Giedd, 2004). Criminal
liability is influenced by how much the adolescent depends upon his family
and his peer group, as they may both promote responsibility or diffusion of
responsibility. Finally, cognitive abilities “in the heat” of a crime may be
different from the usual ones at his disposal: the adolescent, in the decision
making process, may greatly be influenced by the environment, while
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undertaking risk behaviours or anticipating the consequences of his
behaviours.
In Italy, the court decides whether the young offender is liable to prosecution
or not according to: his cognitive development and strength of character,
incapability to understand the meaning of his own actions, to appreciate the
difference between right or wrong, licit and illicit, and choose between one
or the other, bearing in mind a number of issues, related to the physical and
psychic development of the young offender, his socio-economic and family
circumstances, his education, the nature of the crime, and the behaviour
before the court (Larizza, 2005).
In actual practice, the number of juveniles proved not accountable for their
behaviour is quite low. The data can be read as both evidence of the
difficulty in proving non-liability, and acknowledgement of immaturity as
normal during adolescence. The assessment of the “ability to understand
and to will” is more often linked to mental health disorders than to
immaturity. Official data (Ministry of Justice, 2006) show that dismissal for
immaturity is relatively rare, in comparison to other forms of dismissal of the
case, such as judicial pardon. Dismissals for immaturity decrease as the
proceedings continue: the percentage is 3.6% at preliminary hearing and
0.2% following the trial itself.
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The assessment of young offenders should therefore investigate whether a
definition and an empirical assessment of maturity is feasible and suitable.
It appears difficult to identify empirical criteria differentiating physiologic
immaturity from pathological immaturity. Maturity is indeed a complex
system, including biologic maturity (which may process at a different pace
than that of normal physical development) intellectual maturity (e.g.
cognitive maturity); emotional maturity (e.g. impulse control and emotion
management); social maturity (e.g. adjustment and social skills) (Ceretti,
2002).
It would be helpful to be provided with an operational definition of the
minimum competences required of an adolescent in order to be considered
mature and responsible, manifesting his ability to consider alternative
behaviours and appreciate their consequences on the grounds of his ideals
and taking into account ethic values shared by society and dictated by law.
Ewing suggests that information on the youth's maturity is one of the most
important features of a young offender's assessment.
In Ewing's view, information on cognitive maturity may be provided by a
cognitive test, such as the WISC-III (Wechsler, 1991), while emotional
maturity may be assessed with self report-measures such as the Youth Self
Report (Achenbach, 2004), the Thematic Apperception Test or the
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Rorschach Test. Even though such tests may be used with the aim of both
planning a tailored treatment programme within the juvenile justice services,
and of providing the court with useful information on the young person's
situation (Maggiolini, 2002); recently the need to produce standardized
tests, going beyond the assessment of personality or mental health
disorders has emerged, where maturity may be explored in judicial terms.
A comprehensive assessment of maturity should therefore also include
autonomy (i.e. external or internal locus of control, the youth's idea of
himself, the capacity to think about himself and his behaviours); cognitive
skills going beyond the I.Q. (i.e. acknowledgement of the crime,
understanding of behavioural rules, ability to identify alternative behaviours
and take decisions based on the anticipation of their consequences) and
finally emotional maturity (i.e. ability to postpone gratification, to manage
one's emotions, to engage in positive interpersonal relationships and to
show an adequate moral development).
The maturity of the youth may be assessed with the Risk Sophistication
Treatment Inventory (RST-I; Salekin, 2004).
The Risk-Sophistication-Treatment Inventory (RSTI; Salekin, 2004) was
developed to address some very practical and important questions that are
6. The assessment of antisocial behavior within a developmental frame
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frequently asked of mental health professionals operating within the juvenile
justice services, and to integrate a clinical approach to the clinical
personality assessment to the statistical and actuarial prediction needed in
the forensic field. The RSTI was developed to meet the need of clinician
within the juvenile justice settings for an instrument capable of
systematically assessing the construct of the juvenile’s risk for
dangerousness, the youth’s level of maturity or sophistication, and the
degree to which the youth is amenable to treatment.
The RSTI is a semi-structured interview (60-90 minutes) and rating scale
designed to help clinicians assess juvenile offenders (between 9-18 years
of age) in the three important areas cited above. These three scales are
composed of 15 items each. Items are rated on a 3-point scale (0 =
“absence of the characteristic/ability”; 1 = “sub-clinical/moderate”; 2 =
“presence of the characteristics/ability”) that reflects the extent to which the
individual demonstrates the specific characteristics or ability. Each scale
contains three sub-scales, referred to as “clusters”. The Risk for
Dangerousness scale refers to the likelihood of committing future acts of
violence or recidivism, and comprises the Violent and Aggressive
Tendencies (R-VAT), Planned and Extensive Criminality (R-PEX) and
Psychopatic Feature (R-PPF). The clusters of the Sophistication-Maturity
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scale, which refers to emotional and cognitive maturity, are Autonomy (S-
AUT), Cognitive Capacities (S-COG) and Emotional Maturity (S-EMO). The
Sophistication-Maturity scale is neither pro-social nor antisocial (Stenberg,
2000). It broadly measure maturity, while also allowing clinicians to rate the
extent to which the related emotional/cognitive skills are used for
criminological purpose, and the degree to which the criminological lifestyle
has become ingrained. Finally, the Treatment Amenability, which refers to
the likelihood of being responsive to treatment, is divided into the cluster
Psychopathology – Degree and Type (T-PAT), Responsibility and Motivation
to Change (T-RES) and Consideration and Tolerance of Others (T-CAT).
The raw score of each cluster is compared to a norm sample of juvenile
offenders to establish the descriptive categories of “low”, “medium”, or
“high”. Data for RSTI standardized sample represent young offenders
(bwteen 9-18 years of age) from juvenile justice settings. Several studies
have reported evidence for the RSTI’s validity, using other measures of
psychological constructs to which the RSTI constructs should be related
(Leistico, Salekin, 2003). The Risk for Dangerousness Scale correlates
positively with conduct disorder (CD), violent CD, psychopathic traits as
measured by the PCL:YV and both reactive and total aggression. Two
studies (Salekin, 2000; Zalot, 2002) found that the Sophistication-Maturity
6. The assessment of antisocial behavior within a developmental frame
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scale was positively and significantly related to both traditionally defined
intelligence measured by the Kauffman Brief Intelligence Test and
contemporary theories of intelligence. Finally, Risk for Dangerousness scale
was related to previous criminal involvement and was predictive of
recidivism 3 years after RSTI assessment (Salekin, 2004).
The assessment of availability to treatment
The Italian Juvenile Criminal Proceedings, ruled by the Pres. Dec. n.
448/1988 has a educational ratio. The trial of juveniles should not shut but
rather open opportunities, favouring acknowledgement and responsibility,
promoting development and maturation processes, preventing the young
offender from becoming involved with a harsh juvenile justice system
(Losanna, 2008).
The response of juvenile crime usually entails the control over the young
offenders' behaviour within the civil or criminal juvenile justice systems. The
detention or the placement in residential communities of the young
offenders, as well as alternative measures or house arrest all pursue the
aim of controlling their behaviour. From this perspective, such provisions
also have a developmental, rehabilitative and restorative value, both to the
young person and society, and inevitably provide some sort of treatment.
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Through psycho-social work, particularly applicable when alternative
measures are applied, a number of programmes are carried out, with the
engagement of the young person and his environment in a psychological,
social or education plan.
The complexity of the programmes makes it difficult to evaluate their
efficacy. The efficacy of a criminal provision is often measured on the basis
of the re-offending criterion, something necessary, but not wholly sufficient,
as young offenders may stop committing crimes while still keeping an
antisocial attitude or developing a-social behaviour, entailing social
isolation, drug abuse and so on.
The little attention paid to provide evidence-based practice in the field of
juvenile criminal justice may also be due to the widespread pessimism on
both the psychological treatment of young offenders and the criminal
response.
In the 1970sand 1980s there was a widespread pessimism about the
efficacy of the response to juvenile crime, originating from the results of the
studies available at that time. In the 1970s Martinson, came up with the
following synthetic conclusion, following a extensive review of the literature
of the field: “It may be that education at its best, or that psychotherapy at its
6. The assessment of antisocial behavior within a developmental frame
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best, cannot overcome, or even appreciably reduce, the powerful
tendencies of offenders to continue in criminal behaviour” (1974, p. 49).
Recently, the results of meta-analytic studies have shown that it is possible
to reduce re-offending, that antisocial disorders may be treated and that,
contrary to all expectations, it is also possible to change psychopathic traits
of personality, with sufficiently intensive and long treatment.
The results of more recent studies are encouraging, given the use of more
comprehensive and sophisticated methodologies and the progressive
improvement in treatment techniques (McGuire, 1995).
Even though antisocial behaviour is still recognized as persistent; today it
seems subject to change. Young offenders often spontaneously change
their behaviours: about half of all young offenders, even in the most severe
cases, do not persist with antisocial behaviour. As the family and the social
environment may play a crucial role in such a change, one may wonder
whether the criminal provision itself represents a protective factor or a risk
factor in future behaviour (as frequently observed in the iatrogenic effect of
criminal provision in general and detention in particular).
A review on the studies published in English in international journals,
gathering and matching scientifically based provisions within a juvenile
justice setting, consider treatment to be effective in around 10% of cases
(McGuire, 1995). This data shows that a treatment on juvenile delinquency,
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in comparison with no treatment, reduces re-offending by 10%. Even if
positive, it may be discouraging, even though it is comparable to treatments
carried out in other fields, for the cure of severe diseases still receiving a
number of funds.
Concerning the various types of treatment, meta-analytic studies show that
the results of standard psychotherapy are not as encouraging, as those of
pharmacological treatment, when they are not combined with psycho-social
provisions. The outcome of psychological counselling seems largely
negligible, even though some particularly appropriate psychological
treatments reduce re-offending by up to 50% in comparison to control
groups. The poor efficacy of the treatment of juvenile delinquency seems
largely due to the negative effects of detention. However, it is important to
emphasize that young offenders in prison or residential facilities, tend to be
more severely antisocial, and that meta-analyses often does not adequately
differentiate the features of the young offenders at intake (McGuire, 1995).
Meta-analytic studies commonly show that the most effective treatments are
the multi-modal ones (tackling a number of contexts and strategies at the
same time), oriented to improving behavioural and cognitive skills.
Cognitive-behavioural approaches are objectively favoured, in comparison
6. The assessment of antisocial behavior within a developmental frame
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with other psychotherapeutic approaches, like the psychoanalytic one, due
to their invest in efficacy research (Roth, Fonagy, 1996).
From a theoretical point of view, psychological and educational treatment,
not only limiting itself to symptoms change, but supporting competences
and the capacity to engage in long-standing and significant relationships,
seems most appropriate with young offenders (Paris, 1996). It also
highlights that psychological support, when combined with psycho-social
provisions, is useful in the treatment of young offenders, while the criminal
provision alone tends to have a iatrogenic effect; with particular regard to
the treatment combining insight and tackling the antisocial behaviour, with
the psychological work providing understanding of the meaning of the
offence, in strong combination with psycho-social work (Masters, 1994). The
psychoanalytic approach suggests a combination of an expressive
approach along with the work taking place within the juvenile justice
services, instead of the classical psychoanalysis of purely supportive
treatment as the most effective with patients showing low Ego strength, like
antisocial young offenders (Kernberg, Clarkin, 1994).
Studies in the field do not sufficiently consider the different features of the
young offenders, beyond their gender, type of offence, age, level of risk,
while the treatment provided, its methods and the personality features of the
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young person explain most of the effect. In order to gain more reliable
results the studies should also consider the: developmental features of the
behaviour, lifestyle, circumstances concerning the offence, the thoughts and
feelings at the time it took place and the environment.
A standard provision within the juvenile justice services does not usually
prevent about two thirds of the young offenders from re-offending. A very
good outcome is considered to be a one third reduction in re-offending.
In a juvenile justice setting, it would be advisable to consider provisions as
forms of treatment, evaluating their effectiveness in relation to both re-
offending rates and the personal development of young offenders under
psycho-social care. From this perspective, collecting and analysing data
differentiating the features of young offenders may help providing tailored,
and therefore effective, programmes, preventing the criminal provision from
responding to judicial demands, rather than to the young person's
circumstances. In Italy, such a flexibility is permitted by the code for criminal
proceedings which outlines the need to support a young person in his
development and remove the negative influences which hamper his
chances of gaining a positive social identity.
Most criminal provisions take place outside prison, with alternative
measures supervised by the local social services or the juvenile justice
6. The assessment of antisocial behavior within a developmental frame
131
office of youth social service. In this respect, probation (“suspension of
proceedings with placement under supervision”) is the most important
criminal provision, introduced by the Pres. Decr. n. 448/1988)
(Scardaccione, Merlini, 1996).
Probation promotes the adolescent “taking responsibility” for his behaviour,
where responsibility, rather than being the starting point of a provision,
represents its goal (De Leo, 1998). This means that the adolescent, for
instance is requested: not to re-offend, to engage in school or job
programmes, to be available for structured activities during his spare time,
to carry out community payback or community service or participate in
victim-offender mediation programmes, to acknowledge the judicial authority
supporting and supervising the programme and so on.
That is why the assessment of the young offender includes a decision
surrounding he ability to take responsibility, if supported, i.e. admission of
guilt, acknowledgement of its meaning and its severity, capacity to engage
in a program, actual availability to carry it out, in view of a shared probation
programme to be presented before the court.
As the concept of responsibility is so crucial, one may wonder how to
assess it as a prerequisite for a probation programme.
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The subjective prerequisite of a probation programme does not seem to be
the admission of guilt, as it is important to distinguish between the event
and its symbolization or subjective meaning. It is more important that the
young offender acknowledges his responsibility in relation to the event he
may be judged for and accepts engagement in a probation programme,
opening up to developmental paths and opportunities that may be different
from his past. The assessment of his motivation does not involve the
assessment of the young person's sincere attitude, but rather, it addresses
his understanding of the meaning of the relationship with a juvenile justice
professional and the judge, and his willingness to engage in the programme
presented before the court.
The probation programme is based on the assessment of the young
offender, his family and his environment and the trust relationship
established with the professionals, where the work to be carried out is
undertaken. Therefore, the assessment of availability to treatment may be
seen as the final stage of the assessment carried out within the juvenile
justice services, including the assessment of personality traits (the
programme is tailored), re-offending and violence risk (the young person will
be required not to re-offend) and maturity (a probation programme cannot
6. The assessment of antisocial behavior within a developmental frame
133
be carried by an individual who demonstrates existan insufficient capacity to
take responsibility and engage).
It is important to study how, similarly to the assessment of maturity, the
assessment of availability to treatment may be carried out. It seems difficult
to find empirical criteria for the concepts of development and capacity to
take responsibility. It would be helpful is an operational definition existed of
the competences requested by an adolescent in order to be considered
mature and able to take responsibility.
The second cluster of the RST-I (Salekin, 2004) only answers in part,
questions indicating the main factors to be considered when addressing the
assessment of availability to treatment.
The young offender’s acknowledgement of his rule-breaking and illicit
behaviour has been studied. Once he has confirmed his willingness to
engage in a probation programme, the practical aspects of his
implementation are addressed.
Consideration also needs to be given to various psychological issues
including: type and severity of a mental health disorder and the
acknowledgement of one's difficulties and or capacity to reflect upon them.
Being the synthesis of the assessment, availability to treatment also
includes the “criminal career” of the young person, e.g. number of previous
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criminal provisions and the age at first offence, as such factors are
significantly and positively related to re-offending.
Finally, interpersonal skills, i.e. feeling appropriate guilt, empathy and care,
positive attachment to significant adults (such as friends, teachers, the
professionals of the assessment team) and protective factors (availability
and support from the young offender's parents' side) need to also be
explored.
Multicultural assessment
Further difficulties arising during the assessment of immigrant young
offenders as, the assessment is initially focused on the understanding of
his cultural identifications. The assessment needs to explore: way the
young person feels he belongs to his culture, and what he thinks of it, how
he approaches Italian culture , how he got in touch with it and whether he
trusts people that are still “foreign” to him (Trionfi, 2002).
Secondly, information about the youth's expectations, motivations and
experience of migration is collecting, starting with the departure from his
country of birth until his arrival in Italy. It can be important to assess whether
the young offender talks spontaneously about his migration and the
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relationships he maintains with his culture, as some young offenders have
experienced war or long separation from family (Maggiolini, 2002)
The adolescent is involved in the understanding of the possible personal or
family “mandate” relating to his immigration, he is also asked what he thinks
about what he has left behind and what it is like to live in a foreign and
unfamiliar country.
In order to psychologically reach the migrant young offender, a triangular
understanding of himself, his environment while in his country and the
environment in Italy is carried out. It is not about assessing normality as
opposite to psychopathology, it is about understanding how to assess and
to support the developmental path of the young person, what are the
difficulties he is facing, be them migration-related issues, adolescent
conflicts, personality disorders or severe psycho-pathologies. Assessment
tests applicable to cultures should be used.
The risk related to the use of traditional, cross-cultural insensitive tests with
migrant young offenders is that fears of intrusion and judgement may
actually become true.
In addition, an assessment carried out with tests, concepts and categories
not belonging at all to the foreign youth, even if sifted by the professional
during his work with the young person, may be of little use to him, making
him feel even more persecuted and excluded.
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The Multicultural Assessment Intervention Process (MAIP; Dana, 2000) was
created in order to provide a cross-culturally sensitive basis for the
assessment of personality traits and mental health disorders. The
introduction to the manual describes the availability of culturally unbiased
assessment tests: given the current controversy about the evidence of
effective cross-cultural tests, they should be used with care (Dana, 2000,
2005). The MAIP consists of a series of questions for the clinician, who
should also think about the cultural circumstances of the young person, as
four cultural orientations are considered:
• Preservation of the native culture and refusal of the new culture;
• Cultural assimilation patterns: refusal of the native culture in favour of
the new culture;
• “Marginal” orientation: the youth identifies with neither the native
culture or the new one;
• “Transitional” orientation: traditions and values of the native culture
are challenged, in favour of those of the new culture.
Most migrant adolescents within the juvenile justice services come from
countries where traditions are progressively lost, in favour of a process of
homogeneousness replacing traditional beliefs with global and medial
6. The assessment of antisocial behavior within a developmental frame
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models. Such dual belonging may open identification spaces for the
adolescent, or it may lead to barrier during the development of their identity,
where different aspects of one's identity are in conflict. Whatever is the
case, the relation with one's origins necessarily leads to a psychic work
where the adolescent tries to reconstruct the shapes of his world
(Maggiolini, 2002).
Assessing the cultural orientation to the world prevents confusion between
psychopathology and cultural aspects, or psycho-pathology and cultural
identity to occur. If an individual understanding of each young person's
circumstances is carried out, stress related to a cultural integration still in
process will not be interpreted as psychological issues.
Not only does the MAIP allow a cross-culturally sensitive assessment, it is
also close to a developmental approach. The focus is indeed on the
strategies used by the adolescent in order to deal with his developmental
needs. The professional tries to understand the individual functioning in
relation to the youth's environment and his developmental path, while
addressing the subjective meaning of choices and behaviours (starting from
migration) in relation to their expressive and communicative message to the
environment (Maggiolini, Riva, 1998).
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The use of psycho-diagnostic cross-cultural tests should be guided by the
following principles:
� Tests should be “empirically based”, in order to allow normative data
to be collected and empirical research to be carried out;
� Tests should prove cross-cultural equivalence and set standards for
ethnic minorities;
� Projective tests should be used provided that objective scoring and
normative data collection procedures are given, allowing valid and reliable
interpretations to be drawn;
� Guidelines on the training and the psycho-diagnostic use of
assessment tests, in order to improve the validity of interpretations drawn
from their results in multi-cultural assessment, should be provided.
Today, there are a few tests meeting the above criteria, granting cultural
sensitivity to clinical assessment, combining in a “multi-cultural set of tests
for personality assessment”.
.
7. Conclusion e perspectives
139
The project promoted an exchange in the field of the assessment and the
treatment of young offenders between psychologists, educators, social
workers and other professionals working within the Italian juvenile justice
services.
The assessment of young offenders is at the core of the work carried out
within the juvenile justice services by psychologists, educators and social
workers who rarely have an opportunity to exchange their opinions about
their work. Representatives of each service were invited to share their views
about objectives and methods of the assessment of young offenders. The
opinions of the psychologists concerning theory and practice of assessment
and treatment were explored in detail.
Seminars attended by European experts in the field, paved the way for an
exchange at European level.
The project was carried out at a time of significant change in the
organization of the Italian juvenile justice services. From the 1st of January
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2010 health care functions performed within the juvenile justice system
were transferred to the National Health Service (NHS). This represented a
major change, particularly for the psychologists who had previously been
employed by the Ministry of Justice. During such a significant restructure,
the project provided a well-timed contribution.
The debate on the assessment of young offenders does not solely concern
Italy. In November 2010 The International Juvenile Justice Observatory held
an international conference on mental disorders and drug misuse amongst
young offenders. The lecturers discussed the high percentage of young
offenders showing mental health issues at intake into juvenile justice and
emphasized the importance of a mental health approach.
The Minotauro team were pleased to present a contribution at the
conference.
The data presented both at the conference and within this report confirms
that the assessment is at the core of the work carried out within the juvenile
justice services. However, it is also necessary to focus on the issue of the
objectives, methods and tests used for the assessment, the relationship
between the professionals involved (e.g. psychologists, psychiatrists, social
7. Conclusion e perspectives
141
workers and educators) and finally the relationship between psycho-social
assessment and the court’s decisions.
As a result of this project it has been discovered that an integrated and
inter-professional culture of assessment exists in Italy; even though the
objectives are poorly defined, with limited knowledge exchange and no
common theoretical framework .
The actuarial model of assessment is not popular, taking into account static
and dynamic re-offending risk factors, with particular regards to the dynamic
ones, which are inherently subject to change.
Screening is not usually conducted, nor is a clinical assessment oriented at
providing a diagnosis or using standardized tests.
A socio-educational approach prevails. This approach is based on the
objective, anagraphic or social data, in addition to the opinions of the
professionals’ held in the interpersonal relationship with the young offender.
It is worth noting that the professionals seem reluctant to use standardized
tests or to give structured and defined clinical opinions. Such reluctance
appears to be the result of the professionals attempting to avoid
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stigmatizing the young offender, but it often results in the reports being
poorly defined and not very well constructed.
During the seminars an exchange between diagnostically oriented mental
health logics, considering antisocial behaviours as the result of a mental
health disorder, and socio-educational logics, which are more inclined to
view antisocial behaviours as the result of a complex relationship between
the young person and his family or often a deprived social environment.
The debate revealed that a developmental psychology and
psychopathology approach could be very helpful in understanding juvenile
crime. Such an approach avoids stigmatizing young offenders or exclusively
relating juvenile crime to mental health disorders. A developmental
psychology and psychopathology approach would instead remain open to
the subjective and intentional dimension of crime.
With this approach in mind, an assessment performs a very different
function to a diagnosis, which aims to distinguishing those to be punished
and those ”unsound” to be cured. Although young offenders frequently have
mental health issues , the juvenile justice system should not only perform a
7. Conclusion e perspectives
143
health care function. In accordance with the Italian juvenile criminal
procedure code, the juvenile justice system must promote the young
offenders’ development, capacity to take responsibility for their behaviours
and to gain a positive social identity.
A developmental approach combines the focus on the young person with
the focus on his family and social environment, taking into account the
relationship between the offence and developmental needs which have not
been met.
Over the past 50 years, work carried out by the psychologists within the
Italian juvenile justice services has always carried an attention to subjective
meanings. While working within the Italian juvenile justice services,
influential adolescence psychoanalysts, such as Arnaldo Novelletto,
Tommaso Senise and Gustavo Pietropolli Charmet have emphasized even
unconscious subjective meanings attached to the criminal behaviour. As the
culture of psychologists working within the juvenile justice services has
become increasingly diverse (with representatives of the psychoanalytic,
cognitive-behavioural and systemic models), the number of theoretical
approaches has increased leading to a lack of common theory and
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practices. A developmental approach may help to combine all the disparate
approaches.
As part of the project, a network of the psychologists working in the Italian
juvenile justice services has been established: a mailing list is now used by
its members to exchange information and practices. This Italian network
may set the precedent for an exchange at European level.
Future activities to consider include a systematic survey and a national pilot
project, focused on the relationship between assessment at intake and re-
offending and the study of young offenders aged 18+. It might also be worth
applying the developmental theory to the assessment and the treatment of
antisocial young adults as it may be useful to relate the features of the
young adulthood phase to the assessment and treatment of antisocial
young adults.
.
145
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