Rosemary C. Sarri
The juvenile justice system was established with the 1899 founding in Chicago of the Juvenile Court, an institution that spread to all the states in a short period of time. The history, organization, structure, and operations of the system are described along with its growth along with increasing Among the key issues examined are: gender, overrepresentation of children of color, placement of mentally ill and abused or neglected children, human rights, and re-integration of juvenile offenders after their returning home.
This section defines and discusses the jurisdictions of the juvenile and family courts as well as their influences on social work practice. The history of the court, several interpretations of it, as well as various reform efforts are reviewed. Opportunities for social workers to be employed by the numerous agencies affiliated with the court, as well as several nontraditional social work roles, are outlined in this section. The final two parts of the section discuss the major innovations and primary challenges faced by the contemporary court such as gender, class, and racial biases in the system, questions about the effectiveness of the court and associated programs. Finally, proposals to abolish or reinvent the juvenile court are presented.
Robert G. Madden
The law is a powerful force in all aspects of contemporary American society. The legal system furnishes the context and procedures for the creation and enforcement of laws to resolve disputes, protect rights, and generally to maintain order. Social workers are expected to understand the basic workings of the legal system. Knowledge of the legal system provides the foundation to support social workers to undertake social justice initiatives, to give voice to vulnerable client populations, and to work for legal rules that support good social work practice.
Matthew Epperson, Julian Thompson, and Kelli E. Canada
This article discusses the emergence, structure, and purpose of the mental health court. It details the therapeutic aspects of the mental health court and its function as a specialized-treatment court serving persons with serious mental illnesses in the criminal justice system. Guiding themes, such as the criminalization of mental illness, therapeutic jurisprudence, and drug-treatment courts are described. It also identifies key legislation that contributed to the funding and proliferation of mental health courts. The effectiveness of mental health court, along with current criticisms regarding its impact on participants’ mental health and recidivism outcomes, are also covered. Last, social work values and the various roles of social workers in the mental health court are highlighted to demonstrate the relevance of mental health court to contemporary social work practice and intervention.
Larry W. Bennett and Oliver J. Williams
Perpetrators of intimate partner violence (IPV) use coercive actions toward intimate or formerly intimate partners, including emotional abuse, stalking, threats, physical violence, or rape. The lifetime prevalence of IPV is 35% for women and 28% for men, with at an estimated economic cost of over ten billion dollars. IPV occurs in all demographic sectors of society, but higher frequencies of IPV perpetration are found among people who are younger and who have lower income and less education. Similar proportions of men and women use IPV, but when the effects of partner abuse are considered, women bear the greatest physical and behavioral health burden. Single-explanation causes for IPV such as substance abuse, patriarchy, and personality disorders are sometimes preferred by practitioners, advocates, and policymakers, but an understanding of IPV perpetration is enhanced when we look through the multiple lenses of culture and society, relationship, and psychological characteristics of the perpetrators.
Jason Matejkowski, Toni Johnson, and Margaret E. Severson
This entry provides a description of prison social work and the array of responsibilities that social workers in prison settings have, including intake screening and assessment, supervision, crisis intervention, ongoing treatment, case management, and parole and release planning. The authors provide the legal context for providing social-work services to prisoners and delve into issues involving three specific populations of growing concern to corrections officials and to prison social work: women inmates, inmates who are parents, and inmates with mental illness. The tension between the goals of social work and corrections is explored and opportunities for social workers to apply their professional values within the prison setting are highlighted.
This entry presents an overview of prison violence and how issues such as overcrowding and scarcity of resources may contribute. Exploring both collective and interpersonal levels of violence, issues such as incidents between inmates and those between inmates and staff are examined. This entry looks at the issues facing males, females, juveniles, and the mentally ill as they contend with correctional institutions and violence within these institutions. The potential effects of violent victimization are also examined, as well as potential interventions and solutions to reduce violence.
Jeffrey A. Butts
Community-based supervision allows the legal system to hold criminal offenders accountable for their behavior without the significant costs and potential harms associated with incarceration. When offenders are placed on probation (in lieu of incarceration) or parole (as a follow-up to incarceration), they are also usually involved in other programs as well, including victim or offender mediation, substance abuse treatment, workforce development, restitution, community service, and electronic monitoring.
Susan A. McCarter
Social work and criminal justice have a shared history in the United States dating back to the 19th century when their combined focus was rehabilitation. But with an increase in crime, this focus shifted to punishment and incapacitation, and a schism resulted between social work and criminal justice. Given current mass incarceration and disparities in criminal justice, social work has returned in force to this important practice. The latest Bureau of Justice Statistics research reports that 1% of all adult males living in the United States were serving a prison sentence of a year or longer (Carson & Anderson, 2016) and rates of diversion, arrest, sentencing (including the death penalty), incarceration, etc., vary considerably by race/ethnicity (Nellis, 2016). This entry explores race and ethnicity, current population demographics, and criminal justice statistics/data analysis, plus theories and social work-specific strategies to address racial and ethnic disparities in the criminal justice system.
Henrika McCoy and Emalee Pearson
Racial disparities in the juvenile justice system, more commonly known as disproportionate minority contact (DMC), are the overrepresentation, disparity, and disproportionate numbers of youth of color entering and moving deeper into the juvenile justice system. There has been some legislative attention to the issue since the implementation of the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) and most recently with attempts in 2017 to reauthorize the Act. Originally focused solely on confinement, it became clear by 1988 there was disproportionality at all decision points in the juvenile justice system, and the focus changed to contact. DMC most commonly is known to impact Black and Hispanic youth, but a closer look reveals how other youth of color are also impacted. Numerous factors have been previously identified that create DMC, but increasingly factors such as zero-tolerance in schools and proactive policing in communities are continuing to negatively impact reduction efforts. Emerging issues indicate the need to consider society’s demographic changes, the criminalization of spaces often occupied by youth of color, and gender differences when creating and implementing strategies to reduce DMC.
Katherine van Wormer
This article defines restorative justice and describes the models most relevant to social work. These include victim–offender conferencing (sometimes incorrectly referred to as mediation), family group conferencing, healing circles, and community reparations.
Restorative justice is an umbrella term for a victim-oriented method of righting a wrong, promoting healing following a conflict, including war, and/or providing a safety in the aftermath of violence (for example, child abuse). Such restorative strategies have their roots in the rituals of indigenous populations and modern-day religious practices, as stated by restorative justice pioneer, Howard Zehr. Restorative justice, as defined by the Social Work Dictionary is “a non-adversarial approach usually monitored by a trained professional who seeks to offer justice to the individual victim, the offender, and the community, all of whom have been harmed by a crime or other form of wrongdoing.” This emerging model for resolving conflict and/or righting a wrong focuses on repairing the harm done by an offense by involving the victim, the offender, and the community.
This article identifies resources on restorative justice theories and strategies with special relevance to social workers and to mental health professionals, as well as school and correctional counselors. At the micro level, restorative justice is played out as conferencing between victims and offenders—for example, by way of family group conferences and healing circles. At the macro or societal level, restorative justice takes the form of reparations or truth commissions—to compensate for the harm that has been done, for example, when mass persecutions of people have taken place. The magnitude of the situations covered under the rubric of restorative justice ranges from interpersonal violence to school bullying to mass kidnappings to full-scale terrorism and warfare.
Restorative justice refers not only to a number of strategies for resolving conflicts peacefully but also to a political campaign of sorts to advocate for the rights of victims and for compassionate treatment of offenders. Instead of incarceration, for example, the option of community service coupled with substance abuse treatment might be favored. From the offender’s standpoint, accountability and truth-telling are stressed, as the offender typically offers to make amends for the harm that was done. From the victim’s standpoint, a key theme is empowerment, through receiving an apology from the wrongdoer and receiving the support of caring participants.
Truancy, or unexcused chronic absenteeism from school, has been linked to school dropout, early onset criminal behavior, drug use, and other negative behaviors. Given the negative impact of truancy on the future outlook for students and the potential costs for society, many communities have begun to identity programs or collaborations that might reduce truancy and improve academic achievement of students. An increasingly key partner in such efforts is the courts. Truancy is defined as a legal term and the role school-based or affiliated truancy courts play in truancy is significant. The Stop Truancy Reduction Program in the United States needs to be emphasized as a model for the ways in which courts can partner with school personnel, social workers, and other mental health counselors to address truancy and its associated problems.
Judy L. Postmus
Sexual assault or rape affects millions of women and men in the United States; however, it is only in the last 30 years that it is being considered a social problem. During this period, many policies at the state and federal levels have attempted to address sexual assault and provide legal remedies for victims. However, sexual assaults are still the most underreported crime in the United States and are accompanied by bias and misinformation that plague our response. Social workers play a crucial role in offering services to survivors and advocating for more education and awareness in our communities and universities.
Janet L. Finn and Maxine Jacobson
This entry examines the concept of social justice and its significance as a core value of social work. Diverse conceptualizations of social justice and their historical and philosophical underpinnings are examined. The influence of John Rawls' perspectives on social justice is addressed as are alternative conceptualizations, such as the capabilities perspective. The roots of social justice are traced through social work history, from the Settlement House Movement to the Rank and Film Movement, Civil Rights Movement, and contemporary struggles in the context of globalization. Challenges for social justice-oriented practice in the 21st century are address. The discussion concludes with concrete example of ways in which social workers are translating principles of social justice into concrete practices.
Social work practice is best understood and practiced when taking into account the local context. The urban context of social work practice may share much with suburban and rural contexts but also brings with it unique problems and opportunities.
Sheara A. Williams
Violence is a serious social issue that affects millions of individuals, families, and communities every year. It transcends across racial, age, gender, and socioeconomic groups, and is considered a significant public health burden in the United States. The purpose of this entry is to provide an overview of violence as a broad yet complicated concept. Definitional issues are discussed. Additional prevalence rates of select types of violence are presented in addition to risk and protective factors associated with violent behavior. The entry concludes with a summary of approaches to address violence in the context of prevention and intervention strategies.
Runaways, throwaways, and homeless youths have always been present in the United States. In recent decades, however, society has become more aware of the problems they face as the problems have become more severe. The effectiveness of new approaches to helping these youths is yet to be determined.