A 17-year-old high school female student engages in a fight at school. Instead of initiating charges for affray against her, the school resource officer refers her to the new diversion program in Wake County where offenders involved in low-level, non-violent criminal behavior are sent in lieu of being sent to district court. During the intake process as part of the mental health screening, the student discloses for the first time that she has been sexually abused. The student is connected with a local mental health agency and as part of her fulfillment of requirements designed to address the criminal behavior, she begins to receive treatment. The student successfully completes the program and avoids receiving a criminal record.
Most criminal justice system outcomes historically have focused on the crime while often overlooking the root cause of the criminal behavior. In the past, this student would have received the opportunity of a diversion program—likely after having been charged—that included community service and perhaps an anger management class. That diversion program would not have required that the student submit to a mental health screening or needs assessment. Her abuse likely would have remained unreported and untreated.
For many of us who work in the criminal justice system, the idea of a “cycle of violence” is nothing new. The term refers to the tendency of children who grow up in homes where they are victims of, or exposed to, violence to become adults engaged in violence. For years we have seen anecdotal evidence of this, and now research studies have documented it. One study conducted by the National Institute of Justice showed that being abused or neglected as a child increased the likelihood of arrest as a juvenile by 59%, the likelihood of adult criminal behavior by 28%, and violent crime by 30% [1]. Importantly, this study high-lighted the very real impact that childhood neglect, not just physical abuse, has on an individual's likelihood to later engage in criminal behavior.
Abuse and neglect in childhood are examples of adverse childhood experiences (ACEs) that lead to many poor outcomes later in life, including health challenges, substance abuse, and financial instability. Recently, studies have begun to focus on the connection between ACEs and involvement with the criminal justice system, including incarceration. This is an area where more work needs to be done, but early studies suggest a causal link between these experiences and behavior that leads to criminal charges later in life.
While setting a punishment which ensures accountability for wrongdoing is essential, a desire to stop continued criminal activity, or recidivism, requires that the underlying cause of the criminal behavior be addressed. When the criminal justice system's reaction pairs accountability with assessment and treatment, better outcomes can be achieved for the offender and for the community.
Acknowledgments
Potential conflicts of interest. N.L.F. has no relevant conflicts of interest.
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