c h a p t e r 7

The Family and Delinquency

CHAPTER OUTLINE

THE CHANGING AMERICAN FAMILY Family Makeup Child Care Economic Stress

THE FAMILY’S INFLUENCE ON DELINQUENCY Family Breakup Family Conflict Family Neglect Family Deviance

CHILD ABUSE AND NEGLECT Historical Foundation Defining Abuse and Neglect The Extent of Child Abuse Causes of Child Abuse and Neglect Focus on Delinquency: Relationship Between Substance Abuse and Child Maltreatment The Child Protection System: Philosophy and Practice The Abused Child in Court Disposition of Abuse and Neglect Cases

ABUSE, NEGLECT, AND DELINQUENCY The Abuse-Delinquency Link

CHAPTER OBJECTIVES

After reading this chapter you should:

1. Be familiar with the link between family relationships and juvenile delinquency.

2. Understand the complex association between family breakup and delinquent behavior.

3. Understand why families in conflict produce more delinquents than those that function harmoniously.

4. Know the association between inconsistent discipline and supervision and juvenile crime.

5. Be able to discuss how parental and sibling misconduct influences delinquent behaviors.

6. Define the concept of child abuse. 7. Know the nature and extent of

abuse. 8. Be able to list the factors that are

seen as causing child abuse. 9. Be familiar with the complex

system of state intervention in abuse cases.

10. Discuss the association between child abuse and delinquent behavior.

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156 C H A P T E R 7

The problems faced by runaways illustrate the significant impact that family relation- ships have on adolescent development. Many experts believe that family dysfunction is a key ingredient in the development of the emotional deficits that eventually lead to long-term social problems.1 Interactions between parents and children, and between siblings, provide opportunities for children to acquire or inhibit antisocial behavior patterns.2 Children living in high-crime areas are able to resist the temptation of the streets if they receive fair discipline and support from parents who provide them with positive role models.3 However, children in affluent families who are being raised in a household characterized by abuse and conflict, or whose parents are absent or sepa- rated, will still be at risk for delinquency.4 Nor is the relationship between family life and delinquency unique to U.S. culture; cross-national data support a significant association between family variables and delinquency.5

The assumed relationship between delinquency and family life is critical today because the American family is changing. Extended families, once common, are now for the most part anachronisms. In their place is the nuclear family, described as a “dangerous hothouse of emotions” because of the close contact between parents and children; in these families, problems are unrelieved by contact with other kin living nearby.6

The nuclear family is showing signs of breakdown. Much of the responsibility for child rearing is delegated to television and daycare providers. Despite these changes, some families are able to continue functioning as healthy units, producing well-adjusted children. Others have crumbled under the stress, severely damaging their children.7

This is particularly true when child abuse and neglect become part of family life. Because these issues are critical for understanding delinquency, this chapter is

devoted to an analysis of the family’s role in producing or inhibiting delinquency. We first cover the changing face of the American family. We then review the way family structure and function influence delinquent behavior. The relationship between child abuse, neglect, and delinquency is covered in some depth.

Although estimates vary, somewhere

from one to three million kids run away

from home each year. Most stay with a

friend for a few days and then return

home. Others stay away longer; some

leave home never to return. Many find

shelter with other kids living in similar

circumstances, sleeping under bridges

and in abandoned buildings, forming un-

easy alliances for survival. Many abuse

drugs and become the victims of preda-

tory criminals. Few remain undamaged

by their ordeal.

Why do they run? While some may be

evading the law, suffering depression, or

dealing with a personal crisis, most are

running from a disturbed family or home

life. They have problems with their par-

ents’ divorce or remarriage; there is con-

flict over rules and discipline; sibling

conflicts have gotten out of control. Many

of these kids simply want to remove

themselves from a bad situation without

any destination in mind or plan for the

future. Some teens repeatedly run away

from home, only to become an easy tar-

get for adult predators who try to lure

them into prostitution, drug use, or both.

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A great deal of information on families and children can be found at the Web site of the David and Lucile Packard Foundation by clicking on Web Links under the Chapter Resources at http://cj. wadsworth.com/siegel_ jdcore2e.

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nuclear family A family unit composed of parents and their children; this smaller family structure is subject to great stress due to the intense, close contact between parents and children.

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THE CHANGING AMERICAN FAMILY The so-called traditional family—with a male breadwinner and a female who cares for the home—is a thing of the past. No longer can this family structure be consid- ered the norm. Changing sex roles have created a family where women play a much greater role in the economic process; this has created a more egalitarian family struc- ture. About three-quarters of all mothers of school-age children are employed, up from 50 percent in 1970 and 40 percent in 1960. The changing economic structure may be reflected in shifting sex roles. Fathers are now spending more time with their children on workdays than they did twenty years ago (2.3 hours versus 1.8), and women are spending somewhat less time (3.0 hours versus 3.3).8 On their days off, both working men and women spend about an hour more with their children than they did twenty years ago, with women devoting about eight hours, and men six. So although the time spent with children may be less than would be desirable, it has increased over the past twenty years.

Family Makeup The proportion of American households that have children who live with both par- ents has declined substantially. Today about 37 percent of African-American children live in families that have two parents; about 74 percent of White children live with two parents.9 As many as 40 percent of White children and 75 percent of African- American children will experience parental separation or divorce before they reach age sixteen, and many of these children will experience multiple family disruptions over time.10

Though there has been a sharp decline in the teen birthrate (dropping 28 percent between 1990 and 2002), a significant number of children are still being born to un- married women. A total of 4,040,121 births were reported in the United States in 2002, about one-third of them, or 1.3 million, to unmarried women (see Figure 7.1).11

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Figure 7.1 Percent of Births to Unmarried Women in the United States, 1990–2001

Percentage of births to unmarried women

Year

24

28

26

32

30

34

36

38

1991 1993 19951990 1992 1994 1996 1997 1999 20021998 2000 2001

Source: “Birth: Final Data for 2001,” National Vital Statistic Reports, v51, n2 (Hyattsville, MD: National Center for Health Statistics, 2002), Table C.

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

Child Care Charged with caring for children is a daycare system whose workers are often paid the minimum wage. Of special concern are “family daycare homes,” in which a single provider takes care of three to nine children. Several states neither license nor moni- tor these private providers. Even in states that mandate registration and inspection of daycare providers, it is estimated that 90 percent or more of the facilities operate “underground.” It is not uncommon for one adult to care for eight infants, an im- possible task regardless of training or feelings of concern.

Children from working poor families are most likely to suffer from inadequate child care; these children often spend time in makeshift arrangements that allow their parents to work but lack the stimulating environment children need to thrive.12

About 3.5 million children under age thirteen spend some time at home alone each week while their parents are at work.

Economic Stress The family is also undergoing economic stress (see Table 7.1). About 17 percent of all children live in poverty and about 7 percent live in extreme poverty—at least 50 per- cent below the poverty line. About 30 percent of all children live in families where no parent has full-time, year-round employment.13 The majority of indigent families live in substandard housing without adequate health care, nutrition, or child care. Those whose incomes place them above the poverty line are deprived of government assistance. Recent political trends suggest that the social “safety net” is under attack and that poor families can expect less government aid in the coming years.

Will this economic pressure be reduced in the future? The number of senior citizens is on the rise. As people retire, there will be fewer workers to cover the costs of Social Security, medical care, and nursing home care. These costs will put greater economic stress on families. Voter sentiment has an impact on the allocation of public funds, and there is concern that an older generation, worried about health care costs, may be reluctant to spend tax dollars on at-risk kids.

THE FAMILY’S INFLUENCE ON DELINQUENCY Most experts believe a disturbed home environment can have a significant impact on delinquency. The family is the primary unit in which children learn the values and

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Table 7.1 Family Well-Being: National Indicators

Median income of families with children $50,000

Children in extreme poverty (income below 50% of poverty level) 7%

Female-headed families receiving child support or alimony 36%

Households with children receiving Earned Income Tax Credit 15,251,000

Average Earned Income Tax Credit for households with children $1,968

Households eligible for food stamps, but not receiving them 41%

Children without Internet access at home 52%

Children without a telephone at home 3%

Children without a vehicle at home 7%

Children without health insurance 12%

Two-year-olds who were immunized 79%

Low-income households with children where housing costs exceed 30% of income 59%

Source: Kids Count 2003 Data Book Online, www.aecf.org/cgi-bin/kc.cgi?action=profile&area=United+States.

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

attitudes that guide their actions throughout their lives. Family disruption or change can have a long-lasting impact on children.

Four categories of family dysfunction seem to promote delinquent behavior: families disrupted by spousal conflict or breakup, families involved in interpersonal conflict, negligent parents who are not attuned to their children’s behavior and emo- tional problems, and families that contain deviant parents who may transmit their behavior to their children (see Figure 7.2).14 These factors may interact; for example, drug-abusing parents may be more likely to experience family conflict, child neglect, and marital breakup. We now turn to the specific types of family problems that have been linked to delinquent behavior.

Family Breakup One of the most enduring controversies in the study of delinquency is the relationship between a parent absent from the home and the onset of delinquent behavior. Research indicates that parents whose marriage is secure produce children who are secure and independent.15 In contrast, children growing up in homes with one or both parents absent may be prone to antisocial behavior.

A number of experts contend that a broken home is a strong determinant of a child’s law-violating behavior. The connection seems self-evident because a child is first socialized at home. Any disjunction in an orderly family structure could be expected to have a negative impact on the child.

The suspected broken home–delinquency relationship is important because, if current trends continue, less than half of all children born today will live continuously with their own mother and father throughout childhood. And because stepfamilies, or so-called blended families, are less stable than families consisting of two biological parents, an increasing number of children will experience family breakup two or even three times during childhood.16

A number of studies indicate that children who have experienced family breakup are more likely to demonstrate behavior problems and hyperactivity than children in intact families.17 Family breakup is often associated with conflict, hostility, and aggression; children of divorce are suspected of having lax supervision, weakened

T H E FA M I LY A N D D E L I N Q U E N C Y 159

Figure 7.2 Family Influences on Behavior

Delinquency

Family Breakup Family Conflict

Family Neglect Family Deviance

Each of these four factors has been linked to antisocial behavior and delinquency. Interaction between these factors may escalate delinquent activity.

broken home Home in which one or both par- ents are absent due to divorce or separation; children in such an environment may be prone to antisocial behavior.

blended families Nuclear families that are the prod- uct of divorce and remarriage, blending one parent from each of two families and their combined children into one family unit.

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

attachment, and greater susceptibility to peer pressure.18

And as a recent study of more than four thousand youths in Denver, Pittsburgh, and Rochester found, the more often children are forced to go through family transitions the more likely they are to engage in delinquent activity.19

The Effects of Divorce The relationship be- tween broken homes and delinquency has been contro- versial, to say the least. It was established in early research, which suggested that a significant association existed between parental absence and youthful misconduct.20

For many years the link was clear: children growing up in broken homes were much more likely to fall prey to delinquency than those who lived in two-parent households.21

Beginning in the late 1950s some researchers began to question the link between broken homes and delinquency. Early studies, they claimed, used the records of police, courts, and correctional institutions.22 This research may have been tainted by sampling bias: youths from broken homes may get arrested more often than youths from in- tact families, but this does not necessarily mean they en- gage in more frequent and serious delinquent behavior. Official statistics may reflect the fact that agents of the

justice system treat children from disrupted households more severely because they cannot call on parents for support. The parens patriae philosophy of the juvenile courts calls for official intervention when parental supervision is considered inadequate.23

A number of subsequent studies, using self-report data, have failed to establish any clear-cut relationship between broken homes and delinquent behavior.24 Boys and girls from intact families seem as likely to self-report delinquency as those whose par- ents are divorced or separated. Researchers concluded that the absence of parents has a greater effect on agents of the justice system than it does on the behavior of children.25

Divorce Reconsidered Though some researchers still question the divorce- delinquency link, there is growing sentiment that family breakup is traumatic and most likely has a direct influence on factors related to adolescent misbehavior.26 In her study of the effects of parental absence on children, sociologist Sara McLanahan finds that children who grow up apart from their biological fathers typically do less well than children who grow up with both biological parents. They are less likely to finish high school and attend college, less likely to find and keep a steady job, and more likely to become teen mothers. Although most children who grow up with a single parent do quite well, differences between children in one- and two-parent fami- lies are significant, and there is fairly good evidence that father absence per se is re- sponsible for some social problems.27 The McLanahan research has been supported by other studies showing that divorce is in fact related to delinquency and status offending, especially if a child had a close relationship with the parent who is forced to leave the home.28 The effects of divorce seem gender-specific:

■ Boys seem to be more affected by the postdivorce absence of the father. In post- divorce situations, fathers seem less likely to be around to solve problems, to dis- cuss standards of conduct, or to enforce discipline. A divorced father who remains actively involved in his child’s life reduces his son’s chances of delinquency.

■ Girls are more affected by both the quality of the mother’s parenting and post- divorce parental conflict. It is possible that extreme levels of parental conflict may serve as a model to young girls coping with the aftermath of their parents’ separation.29

160 C H A P T E R 7

Secure marriages produce children who are protected and learn to become independent. Children growing up in homes with one or both parents absent are more vulnerable to anti- social behavior. Because a child is first socialized at home, any disjunction in an orderly family structure can be expected to have a negative impact on the child.

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intrafamily violence An environment of discord and conflict within the family; children who grow up in dysfunctional homes often exhibit delinquent behaviors, having learned at a young age that aggression pays off.

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Although the prevailing wisdom is that “marriage is better than divorce,” research by Sara Jaffee and her associates shows that the quality of marriage may be more important than its makeup. They found that the less time fathers lived with their children, the more conduct problems their children had. However, when fathers engaged in high levels of antisocial behavior, the more time they lived with their children the more conduct problems their children had. Marriage, they conclude, may not be the answer to the problems faced by children living in single-parent fam- ilies unless their fathers can refrain from deviant behaviors and become reliable sources of emotional and economic support.30

Family Conflict Not all unhappy marriages end in divorce; some continue in an atmosphere of con- flict. Intrafamily conflict is a common experience in many American families.31 The link between parental conflict and delinquency was established almost forty years ago when F. Ivan Nye found that a child’s perception of his or her parents’ marital happiness was a significant predictor of delinquency.32 Contemporary studies also find that children who grow up in maladapted homes and witness discord or vio- lence later exhibit emotional disturbance and behavior problems.33 There seems to be little difference between the behavior of children who merely witness intrafamily violence and those who are its victims.34 In fact, some research efforts show that observing the abuse of a parent (mother) is a more significant determinant of delin- quency than being the target of child abuse.35

Research efforts have consistently supported the relationship between family conflict, hostility, and delinquency.36 Adolescents who are incarcerated report grow- ing up in dysfunctional homes.37 Parents of beyond-control youngsters have been found to be inconsistent rule-setters, to be less likely to show interest in their chil- dren, and to display high levels of hostile detachment.38

Although damaged parent-child relationships are associated with delinquency, it is difficult to assess the relationship. It is often assumed that preexisting family prob- lems cause delinquency, but it may also be true that children who act out put enor- mous stress on a family. Kids who are conflict-prone may actually help to destabilize households. To avoid escalation of a child’s aggression, these parents may give in to their children’s demands. The children learn that aggression pays off.39

T H E FA M I LY A N D D E L I N Q U E N C Y 161

Family conflict has been linked to delinquency. Some experts believe that improved parenting skills may be key to reducing the incidence of child abuse. Here, Nicholas, 9 (left), and his brother, Jared, 7, get help with homework from their mom, Wendy Hastie, at their home in Nashville, Tenn. Wendy Hastie and her husband recently com- pleted a Youth Village treatment program so they could learn to cope better with behavioral and health problems experienced by Jared. The program stresses early intervention in an attempt to head off problems before a juvenile breaks the law.

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Parents may feel overwhelmed and shut their child out of their lives. Adolescent misbehavior may be a precursor of family conflict; strife leads to more adolescent misconduct, producing an endless cycle of family stress and delinquency.40

Which is worse, growing up in a home marked by conflict or growing up in a broken home? Research shows that children in both broken homes and high-conflict intact homes were worse off than children in low-conflict, intact families.41 How- ever, even when parents are divorced, kids who maintain attachments to their parents are less likely to engage in delinquency than those who are alienated and detached.42 See Exhibit 7.1 for other key findings on divorce.

Family Neglect Parents who are supportive and effectively control their children in a noncoercive fashion—a phenomenon referred to as parental efficacy—are more likely to raise children who refrain from delinquency.43 Delinquency will be reduced if parents provide the type of structure that integrates children into families while giving them the ability to assert their individuality and regulate their own behavior.44 In some cultures emotional support from the mother is critical, while in others the father’s support remains the key factor.45

A number of studies support the link between the quality of family life and de- linquency. Children who feel inhibited with their parents and refuse to discuss impor- tant issues with them are more likely to engage in deviant activities. Poor child-parent communications have been related to dysfunctional activities such as running away, and in all too many instances these children enter the ranks of homeless street youths who get involved in theft and prostitution to survive.46 In contrast, even children who appear to be at-risk are better able to resist involvement in delinquent activity when they report a strong attachment to their parents.47 The importance of close relations with the family may diminish as children reach late adolescence and develop stronger peer-group relations, but most experts believe family influence remains considerable throughout life.48

Inconsistent Discipline Studies show that the parents of delinquent youths tend to be inconsistent disciplinarians, either overly harsh or extremely lenient.49

But what conclusions can we draw from this observation? The link between discipline and deviant behavior is uncertain. Most Americans

still support the use of corporal punishment in disciplining children. The use of physical punishment cuts across racial, ethnic, and religious groups.50 There is grow-

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Exhibit 7.1 The Family Structure–Delinquency Link

• Children growing up in families disrupted by parental death are better adjusted than children of divorce. Parental absence is not per se a cause of antisocial behavior.

• Remarriage does not lessen the effects of divorce on youth: children living with a stepparent exhibit (a) as many problems as youths in divorce situations and (b) considerably more problems than do children living with both biological parents.

• Continued contact with the noncusto- dial parent has little effect on a child’s well-being.

• Evidence that the behavior of children of divorce improves over time is inconclusive.

• Postdivorce conflict between parents is related to child maladjustment.

• Parental divorce raises the likelihood of teenage marriage.

Sources: Nicholas Wolfinger, “Parental Divorce and Offspring Marriage: Early or Late? Social Forces 82:337–354 (2003); Paul Amato and Bruce Keith, “Parental Divorce and the Well-Being of Children: A Meta-Analysis,” Psycho- logical Bulletin 110:26–46 (1991).

The Parenting Project is dedicated to addressing our nation’s crises of child abuse, neglect and abandonment, teen pregnancy, and overall violence by bringing parenting, empathy, and nurturing skills to all school-age children and teens. Their Web site can be accessed by clicking on Web Links under the Chapter Re- sources at http://cj.wadsworth. com/siegel_ jdcore2e.

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ing evidence of a “violence begetting violence” cycle. Children who are subject to even minimal amounts of physical punishment may be more likely to use violence themselves. Sociologist Murray Straus reviewed the concept of discipline in a series of surveys and found a powerful relationship between exposure to physical punish- ment and later aggression.51

Nonviolent societies are also ones in which parents rarely punish their children physically; there is a link between corporal punishment, delinquency, spousal abuse, and adult crime.52 Research conducted in ten European countries shows that the degree to which parents and teachers approve of corporal punishment is related to the homicide rate.53

Physical punishment weakens the bond between parents and children, lowers the children’s self-esteem, and undermines their faith in justice. It is not surprising, then, that Straus finds a high correlation between physical discipline and street crime. It is possible that physical punishment encourages children to become more secretive and dishonest.54 Overly strict discipline may have an even more insidious link to antisocial behaviors: abused children have a higher risk of neurological dysfunction than the nonabused, and brain abnormalities have been linked to violent crime.55

Supervision Evidence also exists that inconsistent supervision can promote delinquency. F. Ivan Nye found that mothers who threatened discipline but failed to carry it out were more likely to have delinquent children than those who were consis- tent in their discipline.56 Contemporary research supports this finding with evidence that assaultive boys tend to grow up in homes in which there is inconsistent discipline.57

There is ample evidence that effective supervision can reduce children’s involve- ment in delinquency. Youths who believe their parents care little about their activities are more likely to engage in criminal acts than those who believe their actions will be closely monitored.58 Kids who are not closely supervised spend more time out in the community with their friends and are more likely to get into trouble. In contrast, those who are supervised, especially in disorganized areas, are less likely to succumb to the temptations of the streets. The ability of a family to provide parental super- vision seems even more important for children growing up in poor neighborhoods with fewer social ties among adults. In these areas parents cannot call upon neigh- borhood resources to take up the burden of controlling children; there is, therefore, a greater burden placed on families to provide adequate supervision.59

T H E FA M I LY A N D D E L I N Q U E N C Y 163

Some kids drift into law- violating gangs and groups when they are raised in families that fail to provide sufficient supervision and care. The teen suspects shown in these police photos are members of a middle-class gang of Nevada boys who were involved in several gruesome attacks dur- ing the summer of 2003, leaving victims permanently disfigured. Can their behavior be a result of parental neglect? Can we blame parents for the violent antisocial behavior of their children?

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Resource Dilution Parents may find it hard to control their children because they have such large families that their resources, such as time, are spread too thin (resource dilution). It is also possible that the relationship is indirect, caused by the connection of family size to some external factor; for example, resource dilution has been linked to educational underachievement, long considered a correlate of delinquency.60 Middle children may suffer because they are most likely to be home when large numbers of siblings are also at home and economic resources are most stretched.61 Larger families are more likely to produce delinquents than smaller ones, and middle children are more likely to engage in delinquent acts than first- or last-born children.

Resource dilution may force some mothers into the workforce in order to sup- port their young children. Critics have suggested that these working mothers are unable to adequately supervise their children, leaving them prone to delinquency. However, recent research by Thomas Vander Ven and his associates found that having a mother who is employed has little if any effect on youthful misbehavior, especially if the children are adequately supervised.62

Family Deviance A number of studies have found that parental deviance has a powerful influence on delinquent behavior.63 Deviant behavior is intergenerational; the children of deviant parents produce delinquent children themselves.64

Some of the most important data on parental deviance was gathered by Donald J. West and David P. Farrington, whose Cambridge Youth Survey found that a significant number of delinquent youths have criminal fathers.65 About 8 percent of the sons of noncriminal fathers became chronic offenders, compared to 37 percent of youths with criminal fathers.66 In another analysis, Farrington found that one type of parental deviance, bullying, may be both inter- and intragenerational. Bullies have children who bully others, and these “second-generation bullies” grow up to become the fathers of children who are also bullies (see chapter 9 for more on bullying in the schoolyard).67

The cause of intergenerational deviance is uncertain. Genetic, environmental, psychological, and child-rearing factors may all play a role. For example, research shows that fathers of youths who suffer attention deficit hyperactivity disorder (ADHD), a condition linked to delinquency, are five times more likely to suffer anti- social personality disorder (APD) than fathers of non-ADHD youths; this finding indicates that personality problems may be intergenerational.68 Similarly, research on the sons of alcoholics show that they suffer from neurological impairments related to delinquency.69 It is possible that parental alcoholism causes genetic prob- lems related to developmental impairment or that the children of substance-abusing parents are more prone to neurological impairment.

The quality of family life may also be key. Criminal parents may be least likely to have close relationships with their offspring; parental neglect has been linked to delinquency. Substance-abusing or criminal parents are more likely to use overly harsh and inconsistent discipline, two factors that have previously been linked to the onset of delinquent behavior.70

The association between parental deviance and children’s delinquency may be related to labeling and stigma. Social control agents may be quick to fix a delinquent label on the children of known law violators, increasing the likelihood that they will pick up an “official” delinquent label.71 The resulting stigma increases the chances they may fall into a delinquent career.

Sibling Influences Some evidence also exists that siblings may influence behavior too; research shows that if one sibling is a delinquent there is a significant likelihood that his brother or sister will engage in delinquent behaviors.72

Not surprisingly, siblings who maintain a warm relationship and feel close to one another are also likely to behave in a similar fashion. If one of these siblings

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resource dilution A condition that occurs when parents have such large families that their resources, such as time and money, are spread too thin, causing lack of familial support and control.

Helping deal with issues of teen pregnancy and other family issues, Planned Parent- hood is the world’s largest and oldest voluntary family plan- ning organization. Its Web site can be accessed by clicking on Web Links under the Chapter Resources at http:// cj.wadsworth.com/siegel_ jdcore2e.

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takes drugs and engages in delinquent behavior, so too will his brother or sister.73

A number of interpretations of these data are possible:

■ Siblings who live in the same environment are influenced by similar social and economic factors; it is not surprising that their behavior is similar.

■ Deviance is genetically determined, and the traits that cause one sibling to engage in delinquency are shared by his or her brother or sister.

■ Deviant siblings grow closer because of shared interests. It is possible that the relationship is due to personal interactions: older siblings are imitated by younger siblings.

In summary, the research on delinquency and family relationships offers ample evidence that family life can be a potent force on a child’s development. The delin- quent child is likely to grow up in a large family with parents who may drink, partici- pate in criminal acts, be harsh and inconsistent disciplinarians, be cold and unaffec- tionate, have marital conflicts, and be poor role models. Overall, the quality of a child’s family life seems to be more important than its structure.

CHILD ABUSE AND NEGLECT Concern about the quality of family life has increased because of reports that many children are physically abused or neglected by their parents and that this treatment has serious consequences for their behavior over the life course. Because of this topic’s importance, the remainder of this chapter is devoted to the issue of child abuse and neglect and its relationship with delinquent behavior.

Historical Foundation Parental abuse and neglect is not a modern phenomenon. Maltreatment of children has occurred throughout history. Some concern for the negative effects of such mal- treatment was voiced in the eighteenth century in the United States, but concerted efforts to deal with the problem did not begin until 1874.

In that year, residents of a New York City apartment building reported to public health nurse Etta Wheeler that a child in one of the apartments was being abused by her stepmother. The nurse found a young child named Mary Ellen Wilson who had been repeatedly beaten and was malnourished from a diet of bread and water. Even though the child was seriously ill, the police agreed that the law entitled the parents to raise Mary Ellen as they saw fit. The New York City Department of Charities claimed it had no custody rights over Mary Ellen.

According to legend, Mary Ellen’s removal from her parents had to be arranged through the Society for the Prevention of Cruelty to Animals (SPCA) on the ground that she was a member of the animal kingdom. The truth, however, is less sensational: Mary Ellen’s case was heard by a judge. Because the child needed protection, she was placed in an orphanage.74 The SPCA was actually founded the following year.75

Little research into the problems of maltreated children occurred before that of C. Henry Kempe, of the University of Colorado. In 1962, Kempe reported the results of a survey of medical and law-enforcement agencies that indicated the child abuse rate was much higher than had been thought. He coined a term, battered child syn- drome, which he applied to cases of nonaccidental injury of children by their parents or guardians.76

Defining Abuse and Neglect Kempe’s pioneering work has been expanded in a more generic expression of child abuse that includes neglect as well as physical abuse. Specifically, it describes any physical or emotional trauma to a child for which no reasonable explanation, such

✔ Checkpoints

T H E FA M I LY A N D D E L I N Q U E N C Y 165

Checkpoints ✔ The family today is changing, and

an increasing number of children will not live with their birth parents during their entire childhood.

✔ Families are experiencing social and economic stresses.

✔ A number of factors shape the family’s influence on delinquency.

✔ Most experts believe that children whose parents have divorced are at risk for delinquency.

✔ Kids who grow up in conflict-ridden households are more likely to become delinquent.

✔ Poor parent-child relations, includ- ing inconsistent discipline, have been linked to delinquency.

✔ Parents who commit crimes and use drugs are likely to have children who also do so.

✔ If one sibling is delinquent, so are her brothers and sisters.

To quiz yourself on this material, go to questions 7.1–7.8 on the Juvenile

Delinquency: The Core 2e Web site.

battered child syndrome Nonaccidental physical injury of children by their parents or guardians.

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

as an accident, can be found. Child abuse is generally seen as a pattern of behavior rather than a single act. The effects of a pattern of behavior are cumulative. That is, the longer the abuse continues, the more severe the effect will be.77

Although the terms child abuse and neglect are sometimes used interchange- ably, they represent different forms of maltreatment. Neglect refers to deprivations children suffer at the hands of their parents (lack of food, shelter, health care, love). Abuse is a more overt form of aggression against the child, one that often requires medical attention. The distinction between the terms is often unclear because, in many cases, both abuse and neglect occur simultaneously.

Physical abuse includes throwing, shooting, stabbing, burning, drowning, suf- focating, biting, or deliberately disfiguring a child. The greatest number of injuries result from beatings. Physical neglect results from parents’ failure to provide adequate food, shelter, or medical care for their children, as well as failure to protect them from physical danger.

Emotional abuse or neglect is manifested by constant criticism and rejection of the child.78 Those who suffer emotional abuse have significantly lower self-esteem as adults.79 Emotional neglect includes inadequate nurturing, inattention to a child’s emotional development, and lack of concern about maladaptive behavior.

Sexual abuse refers to the exploitation of children through rape, incest, and mo- lestation by parents, family members, friends, or legal guardians. Finally, abandon- ment refers to the situation in which parents leave their children with the intention of severing the parent-child relationship.80

Regardless of how it is defined, the effects of abuse can be devastating. Children who have experienced some form of maltreatment possess mental representations characterized by a devalued sense of self, mistrust of others, a tendency to perceive hostility in others in situations where the intentions of others are ambiguous, a ten- dency to generate antagonistic solutions to social problems, and a suspicion of close relationships.81

166 C H A P T E R 7

In 1874 Henry Bugh and Etta Angell Wheeler persuaded a New York court to take a child, Mary Ellen, away from her mother on the grounds of child abuse. This is the first recorded case in which a court was used to protect a child. Mary Ellen is shown at age 9 when she ap- peared in court showing bruises from a whipping and several gashes from a pair of scissors. The other photograph shows her a year later.

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child abuse Any physical, emotional, or sexual trauma to a child, including ne- glecting to give proper care and attention, for which no reasonable explanation can be found.

neglect Passive neglect by a parent or guardian, depriving children of food, shelter, health care, and love.

abandonment Parents physically leave their children with the intention of completely severing the parent- child relationship.

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

Sexual Abuse Sexual abuse can vary in content and style. It may range from rewarding children for sexual behavior that is inappropriate for their level of devel- opment to using force or the threat of force for the purposes of sex. It can involve children who are aware of the sexual content of their actions and others too young to have any idea what their actions mean. It can involve a variety of acts, from inappro- priate touching to forcible sexual penetration.

Sexual abuse too can have devastating effects. Abused children suffer disrupted ego and personality development.82 Guilt and shame are common. The ego of the victim may be overwhelmed by rage and horror over the incident, and the experi- ence can have long-lasting repercussions.

Research indicates a correlation between the severity of abuse and its long-term effects: the less serious the abuse, the more quickly the child can recover.83 Children who are frequently abused over long periods and suffer actual sexual penetration are most likely to experience long-term trauma, including post-traumatic stress syn- drome (PTSD), precocious sexuality, and poor self-esteem.84 Some victims find themselves sexualizing their own children in ways that lead them to sexual or physi- cal abuse. Several studies have found a close association between sexual abuse and adolescent prostitution.85 Girls who were sexually and physically abused as children are more often suicidal as adults than the nonabused.86

The Extent of Child Abuse It is almost impossible to estimate the extent of child abuse. Many victims are so young that they have not learned to communicate. Some are too embarrassed or afraid to do so. Many incidents occur behind closed doors, and even when another adult witnesses inappropriate or criminal behavior, the adult may not want to get involved in a “family matter.”

Some indications of the severity of the problem came from a groundbreaking 1980 survey conducted by sociologists Richard Gelles and Murray Straus.87 Gelles and Straus estimated that between 1.4 and 1.9 million children in the United States were subject to physical abuse from their parents. This abuse was rarely a onetime act. The average number of assaults per year was 10.5, and the median was 4.5. Gelles

T H E FA M I LY A N D D E L I N Q U E N C Y 167

What is the line separating reasonable discipline from child abuse? Kathi Herren, shown here in a Michigan juvenile court, was convicted of a mis- demeanor and sentenced to two years probation for slap- ping her fourteen-year-old daughter after catching her with cigarettes. Should parents have the right to physically punish their children?

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and Straus also found that 16 percent of the couples in their sample reported spousal abuse; 50 percent of the multichild families reported attacks between siblings; 20 percent of the families reported incidents in which children attacked parents.88

The Gelles and Straus survey was a milestone in identifying child abuse as a national phenomenon. Sur- veys conducted in 1985 and 1992 indicated that the inci- dence of severe violence toward children had declined.89

One reason was that parental approval of corporal pun- ishment, which stood at 94 percent in 1968, decreased to 68 percent by 1994.90 Recognition of the problem may have helped moderate cultural values and awakened parents to the dangers of physically disciplining children. Nonetheless, more than one million children were still being subjected to severe violence annually. If the defini- tion of “severe abuse” used in the survey had included hitting with objects such as a stick or a belt, the number of child victims would have been closer to seven million per year.

Monitoring Abuse Not all child abuse and neglect cases are reported to authorities, but those that are be- come the focus of state action. A number of organizations have been collecting data on reported child abuse. The Department of Health and Human Services conducts an annual survey of child protection services (CPS) agencies to determine the number of reported child abuse victims. In 2001 (the latest data available), an estimated three million referrals concerning the welfare of approximately five million children were made to child protective ser- vices agencies throughout the United States. Of these, approximately two-thirds (67 percent) were screened in for further investigation and one-third (33 percent) were screened out. Of the cases that were investigated, more than one-quarter (28 percent) resulted in a finding that

the child was maltreated or at risk of maltreatment. In all, approximately 903,000 children were found to be victims of child maltreatment, including neglect, physical abuse, sexual abuse, and psychological maltreatment. As Figure 7.3 shows, the 2001 victimization rate of 12.4 per 1,000 children in the population is quite a bit lower than the abuse rates of a decade earlier. It is uncertain why child abuse rates are in decline. One position is that anti-abuse programs are working and there is simply less abuse. A second vision is that cutbacks in funding have limited the government’s ability to investigate and process cases.

Who Are the Victims of Abuse? Younger children are the most likely to be abused and neglected; children in the age group of birth to three years account for 28 percent of all victims. Abuse cuts across racial and gender lines: males and fe- males have almost equal abuse rates; half of all victims were White (50 percent); one- quarter (25 percent) were African American; 15 percent were Hispanic. American Indian/Alaska Natives accounted for 2 percent of victims, and Asian/Pacific Islanders accounted for 1 percent of victims. Approximately 1,300 of these child victims died of abuse or neglect during the year 2001, a rate of 1.81 children per 100,000 children in the population.

Attempts to determine the extent of sexual abuse indicate that perhaps one in ten boys and one in three girls have been the victims of some form of sexual exploita-

168 C H A P T E R 7

Every year, millions of children are the victims of abuse and neglect. Some pay with their lives. Sophia Mendoza, shown here, was charged with murder in October 2002, when police entered her home and found one of her children dead and another gravely malnourished. She had given birth to five children by the time she was twenty. What can be done to provide troubled young mothers like Mendoza with the help they need to care for their children properly?

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Preventing child abuse before it occurs is the aim of Prevent Child Abuse America. Visit its site by clicking on Web Links under the Chapter Resources at http://cj.wadsworth.com/ siegel_ jdcore2e.ht

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Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

tion. Richard J. Estes and Neil Alan Weiner, two researchers at the School of Social Welfare at the University of Pennsylvania, found that the problem of child sexual abuse is much more widespread than was previously believed or documented. Their research indicated that each year in the United States 325,000 children are subjected to some form of sexual exploitation, which includes sexual abuse, prostitution, use in pornography, and molestation by adults. Most are White and middle-class. Equal numbers of boys and girls are involved, but the activities of boys generally receive less attention from authorities. Many of these kids are runaways (more than 120,000) while others have fled mental hospitals and foster homes. More than 50,000 are thrown out of their home by a parent or guardian.91

Although sexual abuse is still quite prevalent, the number of reported cases has been in significant decline. After a fifteen-year increase, substantiated child sexual abuse cases in the United States dropped 31 percent between 1992 and 1998.92 These data may either mean that the actual number of cases is truly in decline or that social service professionals are failing to recognize abuse cases because of overwork and understaffing.

Causes of Child Abuse and Neglect Maltreatment of children is a complex problem with neither a single cause nor a single solution. It cuts across racial, ethnic, religious, and socioeconomic lines. Abusive parents cannot be categorized by sex, age, or educational level.

Of all factors associated with child abuse, three are discussed most often: (1) par- ents who themselves suffered abuse tend to abuse their own children; (2) the pres- ence of an unrelated adult increases the risk of abuse; and (3) isolated and alienated families tend to become abusive. A cyclical pattern of violence seems to be perpetu- ated from one generation to another. Evidence indicates that a large number of abused and neglected children grow into adulthood with a tendency to engage in violent behavior. The behavior of abusive parents can often be traced to negative experiences in their own childhood—physical abuse, emotional neglect, and incest. These parents become unable to separate their own childhood traumas from their relationships with their children. Abusive parents often have unrealistic perceptions of normal development. When their children are unable to act appropriately—when

T H E FA M I LY A N D D E L I N Q U E N C Y 169

Figure 7.3 Child Abuse Rates, 1990–2001

Reporting year

1990 1991 1996 1997 1998 1999 20001992 2001

18

8

10

12

14

16

6

4

2

0 1994 19951993

Number of victims per 1,000 children

Source: U.S. Department of Health & Human Services, Administration for Children & Families. www.acf.hhs.gov/programs/cb/ publications/cm00/figure3_2.htm.

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

they cry or strike their parents—the parents may react in an abusive manner.93

Parents may also become abusive if they are isolated from friends, neighbors, or relatives.

Many abusive parents describe themselves as alienated from their extended fami- lies, and they lack close relationships with persons who could provide help in stress- ful situations.94 The relationship between alienation and abuse may be particularly acute in homes where there has been divorce or separation, or in which parents have never actually married; abusive punishment in single-parent homes has been found to be twice that of two-parent families.95 Parents who are unable to cope with stress- ful events—divorce, financial stress, recurring mental illness, drug addiction—are most at risk.96

Substance Abuse and Child Abuse Abusive families suffer from severe stress, and it is therefore not surprising that they frequently harbor members who turn to drugs and alcohol. Studies have found a strong association between child abuse and parental alcoholism.97

In addition, evidence exists of a significant relationship between cocaine and heroin abuse and neglect and abuse of children. Because this relationship is so important, it is explored further in the Focus on Delinquency feature, “Relation- ship Between Substance Abuse and Child Maltreatment.”

Stepparents and Abuse Research indicates that stepchildren share a greater risk for abuse than do biological offspring.98 Stepparents may have less emo- tional attachment to the children of another. Often the biological parent has to choose between the new mate and the child, sometimes even becoming an accomplice in the abuse.99

Stepchildren are overrepresented in cases of familicide, mass murders in which a spouse and one or more children are slain. It is also more common for fathers who kill their biological children to commit suicide than those who kill stepchildren, an indication that the latter act is motivated by hostility and not despair.100

Social Class and Abuse Surveys indicate a high rate of reported abuse and neglect among people in lower economic classes. Children from families with a household income of less than $15,000 per year experience more abuse than children living in more affluent homes. Child care workers indicate that most of their clients either live in poverty or face increased financial stress because of unemployment and economic recession. These findings suggest that parental maltreatment of children is predominantly a lower-class problem. Is this conclusion valid?

One view is that low-income families, especially those headed by a single par- ent, are often subject to greater environmental stress and have fewer resources to deal with such stress than families with higher incomes.101 A relationship seems to exist between the burdens of raising a child without adequate resources and the use of excessive force. Self-report surveys do show that indigent parents are more likely than affluent parents to hold attitudes that condone physical chastisement of children.102

Higher rates of maltreatment in low-income families reflect the stress caused by the limited resources that lower-class parents have to help them raise their children; in contrast, middle-class parents devote a smaller percentage of their total resources to raising a family.103

This burden becomes especially onerous in families with emotionally and physi- cally handicapped children. Stressed-out parents may consider special-needs chil- dren a drain on the families’ finances with little potential for future success; research finds that children with disabilities are maltreated at a rate almost double that of other children.104

170 C H A P T E R 7

familicide Mass murders in which a spouse and one or more children are slain.

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T H E FA M I LY A N D D E L I N Q U E N C Y 171

Relationship Between Substance Abuse and Child Maltreatment The relationship between parental alcohol or other drug problems and child maltreatment is becoming increasingly evident. It is a serious problem because substance abuse is so widespread: an estimated fourteen million adult Americans abuse alcohol, and there may be more than twelve million illicit drug users. With more than six million children under the age of eighteen living in alcoholic households, and an additional number living in households where parents have problems with illicit drugs, it is evident that a significant number of children in this country are being raised by addicted parents.

Do Parental Alcohol or Other Drug Problems Cause Child Maltreatment? Research clearly indicates a connection between substance abuse and child abuse. Among confirmed cases of child mal- treatment, 40 percent involve the use of alcohol or other drugs. This suggests that, of the 1.2 million confirmed victims of child maltreatment each year, an estimated 480,000 children are mistreated by a caretaker with alcohol or other drug prob- lems. In addition, research suggests that alcohol and other drug problems are factors in a majority of cases of emotional abuse and neglect. In fact, neglect is the main reason why children are removed from a home in which parents have alcohol or other drug problems. Children in these homes suffer from a variety of physical, mental, and emotional health problems at a greater rate than do children in the general population. Children of alcoholics suffer more injuries and poisonings than do children in the general population. Alco- hol and other substances may act as disinhibitors, lessening impulse control and allowing parents to behave abusively. Children in this environment often demonstrate behavioral problems and are diagnosed as having conduct disorders. This may result in provocative behavior. Increased stress resulting from preoccupation with drugs on the part of the parent combined with behavioral problems exhibited by the child increases the likelihood of maltreatment. Frequently, these parents suffer from depression, anxiety, and low self-esteem. They live in an atmosphere of stress and family conflict. Chil- dren raised in such households are themselves more likely to have problems with alcohol and other drugs.

In What Ways Are Children Affected? Children of alcoholics are more likely than children in the general population to suffer a variety of physical, mental, and emotional health problems. They often have feelings of low self-esteem and failure and suffer from depression and anxi- ety. It is thought that exposure to violence in both alcohol- abusing and child-maltreating households increases the likelihood that the children will commit, and be recipients of, acts of violence. The effects don’t end when these children

reach adulthood; they may have difficulty coping with and establishing healthy relationships as adults. In addition to suffering from all the effects of living in a household where alcohol or child-maltreatment problems exist, children whose parents abuse illicit drugs live with the knowledge that their parents’ actions are illegal. Although the research is in its in- fancy, clinical evidence shows that children of parents who have problems with illicit drug use may suffer from an inabil- ity to trust legitimate authority because of fear of discovery of a parent’s illegal habits.

As they mature, many fall victim to the same patterns exhibited by their parents. Those who have been severely physically abused often have symptoms of post-traumatic disorder and dissociation. Individuals suffering from mental health disorders may use alcohol and illicit drugs to decrease or mitigate their psychological distress. Research suggests that adults who were abused as children may be more likely to abuse their own children than adults who were not abused as children.

Can child maltreatment, when alcohol or other drugs are a problem, be successfully treated? Research has shown that when families exhibit both of these behaviors, the prob- lems must be treated simultaneously in order to ensure a child’s safety. Although ending the drug dependency does not automatically end child maltreatment, very little can be done to improve parenting skills until this step is taken. The withdrawal experienced by parents who cease using alcohol or other drugs presents specific risks. The effects of with- drawal often cause a parent to experience intense emotions, which may increase the likelihood of child maltreatment. During this time, lasting as long as two years, it is especially important that resources be available to the family.

CRITICAL THINKING

1. Considering the substance abuse–child abuse associa- tion, should the government be proactive in removing kids from homes where parents are known substance abusers?

2. Does the substance abuse–child abuse link support or contradict the view that delinquent behavior is inherited?

INFOTRAC COLLEGE EDITION RESEARCH To learn more about the problems faced by abused kids

and their parents, go to InfoTrac College Edition and read Anna Lau and John Weisz, “Reported Maltreatment Among Clinic-Referred Children: Implications for Presenting Prob- lems, Treatment Attrition, and Long-Term Outcomes,” Journal of the American Academy of Child and Adolescent Psychiatry 42:1327–1334 (2003).

Source: The Relationship Between Parental Alcohol or Other Drug Problems and Child Maltreatment (Chicago: Prevent Child Abuse America, 2000).

Focus on Delinquency

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

The Child Protection System: Philosophy and Practice For most of our nation’s history, courts have assumed that parents have the right to bring up their children as they see fit. In the 2000 case Troxel v. Granville, the Supreme Court ruled that the due process clause of the Constitution protects against government interference with certain fundamental rights and liberty interests, including parents’ fundamental right to make decisions concerning the care, custody, and control of their children.105 If the care a child receives falls below reasonable standards, the state may take action to remove a child from the home and place her or him in a less threatening environment. In these extreme circumstances, the rights of both parents and children are constitutionally protected. In the cases of Lassiter v. Department of Social Services and Santosky v. Kramer, the U.S. Supreme Court recognized the child’s right to be free from parental abuse and set down guidelines for a termination-of-custody hearing, including the right to legal representation.106 States provide a guardian ad litem (a lawyer ap- pointed by the court to look after the interests of those who do not have the capacity to assert their own rights). States also ensure confidentiality of reporting.107

Though child protection agencies have been dealing with abuse and neglect since the late nineteenth century, recent awareness of the problem has prompted judicial authorities to take increasingly bold steps to ensure the safety of children.108

The assumption that the parent-child relationship is inviolate has been challenged. In 1974 Congress passed the Child Abuse Prevention and Treatment Act (CAPTA), which provides funds to states to bolster their services for maltreated children and their parents.109 The act provides federal funding to states in support of prevention, investigation, and treatment. It also provides grants to public agencies and nonprofit organizations for demonstration programs.

The Child Abuse Prevention and Treatment Act has been the impetus for the states to improve the legal frameworks of their child protection systems. Abusive par- ents are subject to prosecution under statutes against assault, battery, and homicide.

Investigating and Reporting Abuse Maltreatment of children can easily be hidden from public view. Although state laws require doctors, teachers, and others who work with children to report suspected cases to child protection agencies, many maltreated children are out of the law’s reach because they are too young for school or because their parents do not take them to a doctor or a hospital. Parents abuse their children in private, and even when confronted, often accuse their children of lying or blame the children’s medical problems on accidents. Social service agencies must find more effective ways to locate abused children and handle such cases once found.

All states have statutes requiring that persons suspected of abuse and neglect be reported. Many have made failure to report child abuse a criminal offense. Though such statutes are rarely enforced, teachers and nurses have been criminally charged for failing to report abuse or neglect cases.110

Once reported to a child protection agency, the case is screened by an intake worker and then turned over to an investigative caseworker. In some jurisdictions, if child protective services substantiates a report, the case will likely be referred to a law enforcement agency that will have the responsibility of investigating the case, collect- ing evidence that can later be used in court proceedings. If the caseworker determines that the child is in imminent danger of severe harm, the caseworker may immediately remove the child from the home. A court hearing must be held shortly after to ap- prove custody. Stories abound of children erroneously taken from their homes, but it is much more likely that these “gatekeepers” will consider cases unfounded and take no action. Among the most common reasons for screening out cases is that the re- porting party is involved in a child custody case despite the research showing that the risk of abuse increases significantly in the aftermath of divorce.111

Even when there is compelling evidence of abuse, most social service agencies will try to involve the family in voluntary treatment. Case managers will do periodic

172 C H A P T E R 7

The Children’s Bureau (CB), the oldest federal agency for children, is located in the U.S. Department of Health and Human Services’ Administra- tion for Children and Families, Administration on Children, Youth and Families. It is re- sponsible for assisting states in the delivery of child welfare services, services designed to protect children and strengthen families. The Web site can be accessed by clicking on Web Links under the Chapter Resources at http://cj.wadsworth.com/ siegel_ jdcore2e.

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follow-ups to determine if treatment plans are being followed. If parents are uncoop- erative, or if the danger to the children is so great that they must be removed from the home, a complaint will be filed in the criminal, family, or juvenile court system. To protect the child, the court could then issue temporary orders placing the child in shelter care during investigation, ordering services, or ordering suspected abusers to have no contact with the child.

The Process of State Intervention Although procedures vary from state to state, most follow a similar legal process once a social service agency files a court petition alleging abuse or neglect.112 This process is diagrammed in Figure 7.4.

If the allegation of abuse is confirmed, the child may be placed in protective cus- tody. Most state statutes require that the court be notified “promptly” or “immediately” if the child is removed; some states, including Arkansas, North Carolina, and Pennsyl- vania, have gone as far as requiring that no more than twelve hours elapse before offi- cial action is taken. If the child has not been removed from the home, state authorities are given more time to notify the court of suspected abuse. For example, Louisiana and Maryland set a limit of thirty days to take action, whereas Wisconsin mandates that state action take no more than twenty days once the case has been investigated.

When an abuse or neglect petition is prosecuted, an advisement hearing (also called a preliminary protective hearing or emergency custody hearing) is held. The court will review the facts of the case, determine whether permanent removal of the child is justified, and notify the parents of the charges against them. Parents have the right to counsel in all cases of abuse and neglect, and many states require the court to appoint an attorney for the child as well. If the parents admit the allegations, the court enters a consent decree, and the case is continued for disposition. Approxi- mately one-half of all cases are settled by admission at the advisement hearing. If the parents deny the petition, an attorney is appointed for the child and the case is con- tinued for a pretrial conference.

T H E FA M I LY A N D D E L I N Q U E N C Y 173

Should we blame an overworked child protection system for its failures to protect youth? Is it realistic to assume these agen- cies can effectively monitor the behavior of troubled families? Here, Division of Youth and Family Services union members participate in a rally in Camden, New Jersey, November 3, 2003. The rally was held in response to the firing of seven DYFS workers after a Collingswood couple was accused of allegedly starving their four adopted sons. Union officials said the case has put too much focus on that family’s problems and not enough on longstanding problems in the Division of Family and Youth Services.

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advisement hearing A preliminary protective or tem- porary custody hearing in which the court will review the facts and determine whether removal of the child is justified and notify parents of the charges against them.

pretrial conference The attorney for the social services agency presents an overview of the case, and a plea bargain or negoti- ated settlement can be agreed to in a consent decree.

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At the pretrial conference, the attorney for the social service agency presents an overview of the case and the evidence. Such matters as admissibility of photos and written reports are settled. At this point the attorneys can negotiate a settlement of the case, in which the parents accept a treatment plan detailing:

■ The types of services that the child and the child’s family will receive, such as par- enting classes, mental health or substance abuse treatment, and family counseling

■ Reunification goals, including visitation schedules and a target date for a child’s return home

■ Concurrent plans for alternative permanent placement options should reunifica- tion goals not be met

About three-fourths of the cases that go to pretrial conference are settled by a consent decree. About eighty-five out of every one hundred petitions filed are settled at either the advisement hearing or the pretrial conference.

Of the fifteen remaining cases, five are generally settled before trial. Usually no more than ten cases out of every one hundred actually reach the trial stage of the process. This is an adversarial hearing designed to prove the state’s allegations.

174 C H A P T E R 7

Figure 7.4 The Process of State Intervention in Cases of Abuse and Neglect

Intake Case reported to child protection service.

50% of reported cases deemed “unfounded.”

Case referred to social service agency; no court intervention.

Child can be removed into protective custody.

Abuse or neglect petition filed.

Parents admit allegations. Court enters consent decree.

Disposition 50% of cases settled at this stage.

Parents deny allegations. Attorney appointed for child.

Complaint filed in criminal, family, or juvenile court system.

Parents have right to counsel.

either

either or

or

Advisement Hearing • Reviews facts of case. • Determines whether removal is justified. • Notifies parents of charges.

Case continued for pretrial conference.

Pretrial Conference • Evidence reviewed. • Attorney may be appointed for parents.

• Attorneys can plea bargain.

More than 3/4 of all petitions filed are settled during advisement hearing or pretrial conference.

Trial • Court decides whether allegations of abuse are supported by evidence. • Adversarial process.

No more than 10 of every 100 cases reach this stage.

Disposition • Social service agency makes recommendations. • Agreement: parents commit to following state orders.

1/2 to 2/3 of convicted offenders serve time. 1/2 assigned to counseling.

Review Hearing • Determines whether conditions are being met. • Parents who fail to cooperate warned that they might lose parental rights.

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

Disposition The most crucial part of an abuse or neglect proceeding is the dis- position hearing. The social service agency presents its case plan, which includes recommendations such as conditions for returning the child to the parents, or a visi- tation plan if the child is to be taken permanently from the parents. An agreement is reached by which the parents commit themselves to following the state orders. Be- tween one-half and two-thirds of all convicted parents will be required to serve time in incarceration; almost half will be assigned to a form of treatment. As far as the children are concerned, some may be placed in temporary care; in other cases, parental rights are terminated and the child is placed in the custody of the child pro- tective service. Legal custody can then be assigned to a relative or some other person. In 2001, approximately 275,000 children were removed from their homes.

In making their decisions, courts are guided by three interests: the role of the parents, protection for the child, and the responsibility of the state. Frequently, these interests conflict. In fact, at times even the interests of the two parents are not in harmony. The state attempts to balance the parents’ natural right to control their child’s upbringing with the child’s right to grow into adulthood free from harm. This is referred to as the balancing-of-the-interests approach.

Periodically, review hearings are held to determine if the conditions of the case plan are being met. Parents who fail to cooperate are warned that they may lose their parental rights. Most abuse and neglect cases are concluded within a year. Either the parents lose their rights and the child is given a permanent placement, or the child is returned to the parents and the court’s jurisdiction ends.

The Abused Child in Court One of the most significant problems associated with abuse cases is the trauma a child must go through in a court hearing. Children get confused and frightened and may change their testimony. Much controversy has arisen over the accuracy of chil- dren’s reports of family violence and sexual abuse, resulting in hung juries in some well-known cases, including the McMartin Day Care case in California.113

State jurisdictions have instituted procedures to minimize the trauma to the child. Most have enacted legislation allowing videotaped statements, or interviews with child witnesses, taken at a preliminary hearing or at a formal deposition to be admissible in court. Videotaped testimony spares child witnesses the trauma of testi- fying in open court. States that allow videotaped testimony usually put some restric- tions on its use: some prohibit the government from calling the child to testify at trial if the videotape is used; some states require a finding that the child is “medically unavailable” because of the trauma of the case before videotaping can be used; some require that the defendant be present during the videotaping; a few specify that the child not be able to see or hear the defendant.114

Most of the states now allow a child’s testimony to be given on closed-circuit television (CCTV). The child is able to view the judge and attorneys, and the court- room participants are able to observe the child. The standards for CCTV testimony vary widely. Some states, such as New Hampshire, assume that any child witness under age twelve would benefit from not having to appear in court. Others require an independent examination by a mental health professional to determine whether there is a “compelling need” for CCTV testimony.

In addition to innovative methods of testimony, children in sexual abuse cases have been allowed to use anatomically correct dolls to demonstrate happenings that they cannot describe verbally. The Victims of Child Abuse Act of 1990 allows chil- dren to use these dolls when testifying in federal courts; at least eight states have passed similar legislation.115 Similarly, states have relaxed their laws of evidence to allow out-of-court statements by the child to a social worker, teacher, or police offi- cer to be used as evidence (such statements would otherwise be considered hearsay). Typically, corroboration is required to support these statements if the child does not also testify.

T H E FA M I LY A N D D E L I N Q U E N C Y 175

The American Bar Association maintains a Web site with information on legal rights of children in abuse cases. The Web site can be accessed by clicking on Web Links under the Chapter Resources at http://cj.wadsworth.com/ siegel_ jdcore2e.

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disposition hearing The social service agency presents its case plan and recommenda- tions for care of the child and treatment of the parents, including incarceration and counseling or other treatment.

balancing-of-the-interests approach Efforts of the courts to balance the parents’ natural right to raise a child with the child’s right to grow into adulthood free from physical abuse or emotional harm.

review hearings Periodic meetings to determine whether the conditions of the case plan for an abused child are being met by the parents or guardians of the child.

hearsay Out-of-court statements made by one person and recounted in court by another; such statements are generally not allowed as evidence except in child abuse cases wherein a child’s statements to social work- ers, teachers, or police may be admissible.

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

The prevalence of sexual abuse cases has created new problems for the justice system. Often accusations are made in conjunction with marital disputes. The fear is growing that children may become pawns in custody bat- tles; the mere suggestion of sexual abuse is enough to affect the outcome of a divorce action. The justice system must develop tech- niques that can get at the truth without creat- ing a lifelong scar on the child’s psyche.

Legal Issues A number of cases have been brought before the Supreme Court test- ing the right of children to present evidence at trial using nontraditional methods. Two issues stand out. One is the ability of physicians and mental health professionals to testify about statements made to them by children, espe- cially when the children are incapable of testi- fying. The second concerns the way children testify in court.

In a 1992 case, White v. Illinois, the Supreme Court ruled that the state’s attorney is required neither to produce young victims at trial nor to demonstrate the reason why they were unavailable to serve as witnesses.116

White involved statements given by the child to the child’s baby-sitter and mother, a doctor, a nurse, and a police officer concerning the alleged assailant in a sexual assault case. The prosecutor twice tried to call the child to testify, but both times the four-year-old ex- perienced emotional difficulty and could not appear in court. The outcome hinged solely on the testimony of the five witnesses.

By allowing others to testify as to what the child said, White removed the requirement that prosecutors produce child victims in court. This facilitates the prosecution of child abusers in cases where a court appearance by a

victim would prove too disturbing or where the victim is too young to understand the court process.117 The Court noted that statements made to doctors during med- ical exams or those made when a victim is upset carry more weight than ones made after careful reflection. The Court ruled that such statements can be repeated during trial because the circumstances in which they were made could not be duplicated simply by having the child testify to them in court.

In-Court Statements Children who are victims of sexual or physical abuse often make poor witnesses. Yet their testimony may be crucial. In a 1988 case, Coy v. Iowa, the Supreme Court placed limitations on efforts to protect child witnesses in court. During a sexual assault case, a “one-way” glass screen was set up so that the child victims would not be able to view the defendant (the defendant, however, could view the witnesses).118 The Iowa statute that allowed the protective screen assumed that children would be traumatized by their courtroom experience. The Court ruled that unless there is a finding that the child witness needs special protection, the Sixth Amendment of the Constitution grants defendants “face-to-face” confrontation with

176 C H A P T E R 7

A counselor shows a doll to a victim of child abuse. Children in sexual abuse cases may use anatomically correct dolls to demonstrate happen- ings that they cannot describe verbally. The Victims of Child Abuse Act of 1990 allows children to use dolls when testifying in federal courts; at least eight states have passed similar legislation.

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their accusers. In her dissenting opinion, Justice Sandra Day O’Connor suggested that if courts found it necessary, it would be appropriate to allow children to testify via CCTV or videotape.

Justice O’Connor’s views became law in Maryland v. Craig.119 In this case a day- care operator was convicted of sexually abusing a six-year-old child; one-way CCTV testimony was used during the trial. The decision was overturned in the Maryland Court of Appeals on the grounds that the procedures used were insufficient to show that the child could only testify in this manner because a trial appearance would be too traumatic. On appeal, the Court ruled that the Maryland statute that allows CCTV testimony is sufficient because it requires a determination that the child will suffer distress if forced to testify. The Court noted that CCTV could serve as the equivalent of in-court testimony and would not interfere with the defendant’s right to confront witnesses.

Disposition of Abuse and Neglect Cases There is considerable controversy over what forms of intervention are helpful in abuse and neglect cases. Today, social service agents avoid removing children from the home whenever possible and instead try to employ techniques to control abusive relationships. In serious cases, the state may remove children from their parents and place them in shelter care or foster homes. Placement of children in foster care is intended to be temporary, but it is not uncommon for children to remain in foster care for three years or more.

Ultimately, the court has the power to terminate the rights of parents over their children, but because the effects of destroying the family unit are far reaching, the court does so only in the most severe cases. Judicial hesitancy is illustrated in a Vir- ginia appellate case in which grandparents contested a father’s being awarded cus- tody of his children. Even though he had a history of alcohol abuse, had already been found to be an unfit parent, and was awaiting appeal of his conviction for killing the children’s mother, the trial court claimed that he had turned his life around and granted him custody.120

Despite such occurrences, efforts have been ongoing to improve the child pro- tection system. Jurisdictions have expedited case processing, instituted procedures designed not to frighten child witnesses, coordinated investigations between social service and law enforcement agencies, and assigned an advocate or guardian ad litem to children in need of protection.

ABUSE, NEGLECT, AND DELINQUENCY Because the effects of child abuse are long-term, delinquency experts fear that abused kids will experience mental and social problems across their life span. For example, victims of abuse are prone to suffer mental illness such as dissociative identity disor- der (DID), formerly known as multiple personality disorder (MPD); research shows that child abuse is present in the histories of the vast majority of DID subjects.121

One particular area of concern is the child’s own personal involvement with violence. Psychologists suggest that maltreatment encourages children to use aggres- sion as a means of solving problems and prevents them from feeling empathy for others. It diminishes their ability to cope with stress and makes them vulnerable to the violence in the culture. Abused children have fewer positive interactions with peers, are less well liked, and are more likely to have disturbed social interactions.122

The link between maltreatment and delinquency is also supported by a number of criminological theories. For example:

■ Social control theory. By disrupting normal relationships and impeding socializa- tion, maltreatment reduces the social bond and frees individuals to become in- volved in deviance.

✔ Checkpoints

T H E FA M I LY A N D D E L I N Q U E N C Y 177

Checkpoints ✔ Although the maltreatment of

juveniles has occurred throughout history, the concept of child abuse is relatively recent.

✔ C. Henry Kempe first recognized battered child syndrome.

✔ We now recognize sexual, physical, and emotional abuse, as well as neglect.

✔ More than one million confirmed cases of abuse occur each year.

✔ The number of sexual abuse cases has declined.

✔ There are a number of suspected causes of child abuse, including parental substance abuse, isolation, and a history of physical and emotional abuse.

✔ A child protection system has been created to identify and try abuse cases.

✔ The courts have made it easier for children to testify in abuse cases, by using CCTV, for example.

To quiz yourself on this material, go to questions 7.9–7.18 on the Juvenile

Delinquency: The Core 2e Web site.

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

■ Social learning theory. Maltreatment leads to delinquency because it teaches chil- dren that aggression and violence are justifiable forms of behavior.

■ General strain theory. Maltreatment creates the “negative affective states” that are related to strain, anger, and aggression.

A significant amount of literature suggests that abuse may have a profound ef- fect on behavior in later years. Exposure to abuse in early life provides a foundation for violent and antisocial behavior.123 Delinquent behavior is the means by which many abused children act out their hostility toward their parents. Some join gangs, which furnish a sense of belonging and allow pent-up anger to be expressed in group-approved delinquent acts.

Clinical Histories Studies of juvenile offenders have confirmed that between 70 and 80 percent may have had abusive backgrounds. Many of these juveniles report serious injury, including bruises, lacerations, fractures, and being knocked uncon- scious by a parent or guardian.124 Likewise, several studies reveal an association between homicide and maltreatment in early childhood.125 Among children who kill or who attempt murder, the most common factor is a child’s tendency to identify with aggressive parents and imitate their behavior.126 One study of murder and murderous assault by juveniles indicated that in all cases “one or both parents had fostered and condoned murderous assault.”127

Cohort Studies These findings do not necessarily prove that maltreatment causes delinquency. It is possible that child abuse is a reaction to misbehavior and not vice versa. In other words, it is possible that angry parents attack their delinquent and drug-abusing children and that child abuse is a result of delinquency, not its cause.

One way of solving this dilemma is to follow a cohort of youths who have been reported as victims of abuse and compare them with a similar cohort of nonabused youths. A classic study conducted by Jose Alfaro in New York found that about half of all children reported to area hospitals as abused children later acquired arrest records. Conversely, a significant number of boys (21 percent) and girls (29 percent) petitioned to juvenile court had prior histories as abuse cases. Children treated for abuse were disproportionately involved in violent offenses.128

Cathy Spatz Widom followed the offending careers of 908 youths reported as abused from 1967 to 1971 and compared them with a control group of 667 non- abused youths. Widom found that the abuse involved a variety of perpetrators, in- cluding parents, relatives, strangers, and even grandparents. Twenty-six percent of the abused sample had juvenile arrests, compared with 17 percent of the comparison group; 29 percent of those who were abused had adult criminal records, compared with 21 percent of the control group. Race, gender, and age also affected the proba- bility that abuse would lead to delinquency. The highest risk group was composed of older Black males who had suffered abuse; about 67 percent of this group went on to become adult criminals. In contrast, only 4 percent of young, White, non- abused females became adult offenders.129 Her conclusion: being abused increases the likelihood of arrest both as a juvenile and as an adult.130

Widom also tested the hypothesis that victims of childhood violence resort to violence themselves as they mature. The children in her sample who suffered from physical abuse were the most likely to get arrested for violent crimes; their violent crime arrest rate was double that of the control group. More surprising was the dis- covery that neglected children maintained higher rates of violence than children in the comparison group. Clearly, family trauma of all kinds may influence violence.

Child Victims and Persistent Offending Widom also interviewed five hundred subjects twenty years after their childhood victimization. Preliminary analysis of this sample indicates that the long-term consequences of childhood vic- timization continue throughout life. Potential problems include mental health con-

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Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

cerns, educational problems, health problems, and occupational difficulties. In a more recent analysis, Widom and Michael Maxfield found that by the time they reached age thirty-two, the abused children had a higher frequency of adult offend- ing than the nonabused. People who began their offending careers as adults were also more likely to have been abused as children. Widom and Maxfield conclude that early intervention may be necessary to stop this cycle of violence.131

Sexual Abuse Cohort research shows that sexually abused youths are much more likely to suffer an arrest than nonabused children. The risk is greatest if the abuse took place when the child was less than seven years of age and the offense was committed by a male.132 Sexually abused girls share a significant risk of becoming violent over the life course. There is also evidence that sexual abuse victims are more likely to abuse others, especially if they were exposed to other forms of family vio- lence.133 Self-report studies also confirm that child maltreatment increases the likeli- hood of delinquency. The most severely abused youths are at the greatest risk for long-term serious delinquency.134

The Abuse-Delinquency Link These findings do not necessarily mean that most abused children become delin- quent. Many do not, and many delinquent youths come from what appear to be model homes. Though Widom found that more abused than nonabused children in her cohort became involved in delinquency, the majority of both groups did not.135

Although these studies suggest an abuse-delinquency link, others find that the association is either nonsignificant or inconsistent (for example, having a greater influence on girls than boys).136 However, some recent research by Timothy Ireland and his associates indicates that the abuse-delinquency link may be a function of when the abuse occurred: kids who were maltreated solely during their early child- hood are less likely to later engage in delinquent acts than (a) those mistreated when they were older or (b) those whose abuse occurred first in childhood and then per- sisted into later adolescence.137 Ireland speculates that adolescents who have expe- rienced persistent and long-term maltreatment are more likely to have families suffering an array of other social deficits, including poverty, parental mental illness, and domestic violence, which may make children more likely to engage in antisocial behavior. Persistent maltreatment also gives the victims little opportunity to cope or deal with their ongoing victimization. Because it is suspected that child abuse leads to a cycle of violence, there are programs designed to help abusive parents refrain from repeating their violent episodes.

T H E FA M I LY A N D D E L I N Q U E N C Y 179

• Poor family relationships have been linked to juvenile delinquency.

• Early theories viewed the broken home as a cause of youthful misconduct, but subsequent research found that divorce and separation play a smaller role than was previously believed.

• However, contemporary studies now show that parental absence may have a significant influence on delinquency because it is more difficult for one parent to provide the same degree of discipline and support as two.

• The quality of family life also has a great influence on a child’s behavior. Families in conflict produce more delinquents than those that function harmoniously.

• Families who neglect their children are at risk for delinquency. Inconsistent discipline and supervision have also been linked to juvenile crime.

• Parental and sibling misconduct is another factor that predicts delinquent behaviors.

• Concern over the relationship between family life and delinquency has been heightened by reports of wide- spread child abuse.

• Cases of abuse and neglect have been found in every social class and racial group.

• It has been estimated that there are three million re- ported cases of child abuse each year, of which almost one million are confirmed by child welfare investigators.

SUMMARY

To quiz yourself on this material, go to questions 7.19–7.20 on the Juvenile

Delinquency: The Core 2e Web site.

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

180 C H A P T E R 7

• Two factors are seen as causing child abuse. First, par- ents who themselves suffered abuse as children tend to abuse their own children. Second, isolated and alien- ated families tend to become abusive.

• Local, state, and federal governments have attempted to alleviate the problem of child abuse. All fifty states have statutes requiring that suspected cases of abuse be reported.

• There is a complex system of state intervention once allegations of child abuse are made. Thousands of youths are removed from their homes every year.

• A number of studies have linked abuse to delinquency. They show that a disproportionate number of court- adjudicated youths had been abused or neglected.

• Although the evidence is not conclusive, the data sug- gest that a strong relationship exists between child abuse and delinquent behavior.

• To make it easier to prosecute abusers, the Supreme Court has legalized the use of CCTV in some cases. Most states allow children to use anatomically correct dolls when testifying in court.

nuclear family, p. 156 broken home, p. 159 blended families, p. 159 intrafamily violence, p. 160 resource dilution, p. 164 battered child syndrome, p. 165

child abuse, p. 166 neglect, p. 166 abandonment, p. 166 familicide, p. 170 advisement hearing, p. 173 pretrial conference, p. 173

disposition hearing, p. 175 balancing-of-the-interests approach,

p. 175 review hearings, p. 175 hearsay, p. 175

KEY TERMS

1. What are the meanings of the terms child abuse and child neglect?

2. Discuss the association between child abuse and delin- quency. Give two different explanations for the positive relationship between abuse and antisocial behavior.

3. What causes parents to abuse their children?

4. What is meant by the child protection system? Do courts act in the best interest of the child when they allow an abused child to remain with the family?

5. Should children be allowed to testify in court via CCTV? Does this approach prevent defendants in child abuse cases from confronting their accusers?

6. Is corporal punishment ever permissible as a discipli- nary method?

QUESTIONS FOR DISCUSSION

You are an investigator with the county bureau of social services. A case has been referred to you by a middle school’s head guidance counselor. It seems that a young girl, Emily M., has been showing up to school in a dazed and listless condition. She has had a hard time concentrat- ing in class and seems withdrawn and uncommunicative. The thirteen-year-old has missed more than her normal share of school days and has often been late to class. Last week, she seemed so lethargic that her homeroom teacher sent her to the school nurse. A physical examination re- vealed that she was malnourished and in poor physical health. She also had evidence of bruising that could only come from a severe beating. Emily told the nurse that she had been punished by her parents for doing poorly at school and failing to do her chores at home.

When her parents were called to school to meet with the principal and guidance counselor, they claimed to be members of a religious order that believes children should be punished severely for their misdeeds. Emily had been placed on a restricted diet as well as beaten with a belt to correct her misbehavior. When the guidance counselor asked them if they would be willing to go into family ther- apy, they were furious and told her to “mind her own busi- ness.” It’s a sad day, they said, when “God-fearing American citizens cannot bring up their children according to their religious beliefs.” The girl is in no immediate danger be- cause her punishment has not been life-threatening.

The case is then referred to your office. When you go to see the parents at home, they refuse to make any change in their behavior, claiming that they are in the right and you

APPLYING WHAT YOU HAVE LEARNED

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T H E FA M I LY A N D D E L I N Q U E N C Y 181

represent all that is wrong with society. The “lax” discipline you suggest leads to drugs, sex, and other teenage problems.

• Would you get a court order removing Emily from her house and requiring the parents to go into counseling?

• Would you report the case to the district attorney’s office so it could take criminal action against her par- ents under the state’s child protection act?

• Would you take no further action, reasoning that Emily’s parents have the right to discipline their child as they see fit?

• Would you talk with Emily and see what she wants to happen?

Before you answer these questions, use “child abuse” and “reporting child abuse” in key word searches on InfoTrac College Edition. To further help you answer these ques- tions, click on Web Links under the Chapter Resources at http://cj.wadsworth.com/siegel_jdcore2e. You’ll find information from Child USA and the National Clearing-

house on Child Abuse and Neglect Information to help you understand the issues surrounding child abuse.

Pro/Con discussions and Viewpoint Essays on some of the topics in this chapter may be found at the Opposing Viewpoints Resource Center: www.gale.com/OpposingViewpoints.

DOING RESEARCH ON THE WEB

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c h a p t e r 6

Gender and Delinquency

CHAPTER OUTLINE

GENDER DIFFERENCES IN DEVELOPMENT Socialization Differences Cognitive Differences Personality Differences What Causes Gender Differences? What Does This Mean to Me? Sexual Harassment

GENDER DIFFERENCES AND DELINQUENCY Gender Patterns in Delinquency Violent Behavior

ARE FEMALE DELINQUENTS BORN THAT WAY? Early Biological Explanations Early Psychological Explanations Contemporary Trait Views Contemporary Psychological Views

SOCIALIZATION VIEWS Socialization and Delinquency Contemporary Socialization Views Preventing and Treating Delinquency: Preventing Teen Pregnancy

LIBERAL FEMINIST VIEWS Support for Liberal Feminism Critiques of Liberal Feminism

CRITICAL FEMINIST VIEWS Crime and Patriarchy Power-Control Theory

GENDER AND THE JUVENILE JUSTICE SYSTEM

CHAPTER OBJECTIVES

After reading this chapter you should:

1. Be familiar with the changes in the female delinquency rate.

2. Understand the cognitive differences between males and females.

3. Be able to discuss the differences in socialization between boys and girls and how this may affect their behavior.

4. Understand the psychological differences between the sexes.

5. Be able to discuss the early work on gender, delinquency, and human traits.

6. Know the elements contemporary trait theorists view as the key to understanding gender differences, such as psychological makeup and hormonal differences.

7. Know how socialization is thought to affect delinquency rates.

8. Discuss the views of contemporary socialization theorists.

9. Know to what the term liberal feminism refers.

10. Discuss how critical feminists view female delinquency and describe Hagan’s power-control theory.

11. Be familiar with how the treatment girls receive by the juvenile justice system differs from the treatment of boys.

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136 C H A P T E R 6

The Northbrook incident was shocking because it involved young girls in an extremely violent incident, an image that defies the traditional image of females as less aggressive than males. This vision is not new.

To early delinquency experts, the female offender was an aberration who en- gaged in crimes that usually had a sexual connotation—prostitution, running away (which presumably leads to sexual misadventure), premarital sex, and crimes of sexual passion (killing a boyfriend or a husband).1 Criminologists often ignored female offenders, assuming that they rarely violated the law, or if they did, that their illegal acts were status-type offenses. Female delinquency was viewed as emotional or family-related, and such problems were not an important concern of criminologists. In fact, the few “true” female delinquents were considered anomalies whose criminal activity was a function of taking on masculine characteristics, a concept referred to as the masculinity hypothesis.2

Contemporary interest in the association between gender and delinquency has surged, fueled by observations that although the female delinquency rate is still much lower than the male rate, it is growing at a faster pace than male delinquency. More- over, the types of delinquent acts that young women are engaging in seem quite simi- lar to those of young men. Larceny and aggravated assault, the crimes for which most young men are arrested, are also the most common offenses for which females are arrested. There is evidence that girls are getting more heavily involved in gangs and gang violence.3 Although girls still commit less crime than boys, members of both sexes are similar in the onset and development of their offending careers.4 In societies with high rates of male delinquency, there are also high rates of female delinquency. Over time, male and female arrest rates rise and fall in a parallel fashion.5

Another reason for the interest in gender studies is that conceptions of gender differences have changed. A feminist approach to understanding crime is now firmly established. The stereotype of the female delinquent as a sexual deviant is no longer taken seriously.6 The result has been an increased effort to conduct research that would adequately explain differences and similarities in male and female offending patterns.

This chapter provides an overview of gender factors in delinquency. We first discuss some of the gender differences in development and how they may relate to the gender differences in offending rates. Then we turn to some explanations for

On May 4, 2003, girls at a “powder-puff”

touch football game in Northbrook, Illi-

nois, went on a rampage that was cap-

tured on videotape. Senior girls began the

event by chugging beer straight from a

keg provided by some parents. Then they

began pounding some of the younger

girls with their fists and with bats, while

pushing them down into the mud. They

doused the novice football players with

excrement, garbage, and food. The stu-

dents apparently arranged the event in

secret, making sure that school adminis-

trators were kept unaware of the time

and place. In the aftermath, five girls

were hospitalized, including one who

broke an ankle and another who suffered

a cut that required ten stitches in her

head; the attackers were suspended

from school and criminal charges filed.

The tape was circulated to the news

media and it was shown repeatedly all

around the country.

VIEW THE CNN VIDEO CLIP OF THIS

STORY AND ANSWER RELATED CRITICAL

THINKING QUESTIONS ON YOUR JUVENILE

DELINQUENCY: THE CORE 2E CD.

To find information on the state of adolescent girls and the risks they face, go to the Web site of the Common- wealth Fund by clicking on Web Links under the Chapter Resources at http://cj. wadsworth.com/siegel_ jdcore2e.

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masculinity hypothesis View that women who commit crimes have biological and psy- chological traits similar to those of men.

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

these differences: (1) the trait view, (2) the socialization view, (3) the liberal feminist view, and (4) the critical feminist view.

GENDER DIFFERENCES IN DEVELOPMENT Gender differences in cognition, socialization, and behavior may exist as early as infancy, when boys are able to express emotions at higher rates. Infant girls show greater control over their emotions, whereas boys are more easily angered and de- pend more on inputs from their mothers.7 There are indications that gender differ- ences in socialization and development do exist and that they may have an effect on juvenile offending patterns.8

Socialization Differences Psychologists believe that differences in the way females and males are socialized affect their development. Males learn to value independence, whereas females are taught that their self-worth depends on their ability to sustain relationships. Girls, therefore, run the risk of losing themselves in their relationships with others, while boys may experience a chronic sense of alienation. Because so many relationships go sour, females also run the risk of feeling alienated because of the failure to achieve relational success.9

Although there are few gender differences in aggression during the first few years of life, girls are socialized to be less aggressive than boys and are supervised more closely.10 Differences in aggression become noticeable between ages three and six, when children are socialized into organized groups, such as the daycare center. Males are more likely to display physical aggression, whereas females display relational aggression—for example, by excluding disliked peers from play groups.11

As they mature, girls learn to respond to provocation by feeling anxious, unlike boys, who are encouraged to retaliate.12

Overall, women are much more likely to feel distressed than men.13 Although females get angry as often as males, many have been taught to blame them- selves for such feelings. Females are, therefore, much more likely than males to respond to anger with feelings of depression, anxiety, and shame. Females are socialized to fear that anger will harm relationships; males are encour- aged to react with “moral outrage,” blaming others for their discomfort.14

Females are also more likely than males to be targets of sexual and physical abuse. Female victims have been shown to suffer more seriously from these at- tacks, sustaining damage to their self- image; victims of sexual abuse find it difficult to build autonomy and life skills.

Cognitive Differences There are also cognitive differences between males and females starting in childhood. Males excel in tasks that assess the ability to manipulate visual

G E N D E R A N D D E L I N Q U E N C Y 137

Research shows that males are more likely than females to behave in an ag- gressive manner. There is evidence that differences in socialization, cognition, and personality may help explain gender-based disparity in rates of antisocial and violent behaviors.

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images in working memory, whereas females do better in tasks that require retrieval from long-term memory and the acquisition and use of verbal information.15 Girls learn to speak earlier and faster, and with better pronunciation, most likely because parents talk more to their infant daughters than to their infant sons. Girls are far less likely than boys to have reading problems, but boys do much better on stan- dardized math tests, which is attributed by some experts to their strategies for ap- proaching math problems. Boys in the United States are more likely than girls to be dyslexic.

In most cases cognitive differences are small, narrowing, and usually attributed to cultural expectations. When given training, girls can increase their visual-spatial skills. However, differences still exert a penalty on young girls. For example, perfor- mance on the mathematics portion of the Scholastic Aptitude Test (SAT) still favors males: twice as many boys as girls attain scores over 500 and thirteen times as many boys as girls attain scores over 700.16

Personality Differences Girls are often stereotyped as talkative, but research shows that in many situations boys spend more time talking than girls do. Females are more willing to reveal their feelings and more likely to express concern for others. Females are more concerned about finding the “meaning of life” and less interested in competing for material suc- cess.17 Males are more likely to introduce new topics and to interrupt conversations.

Adolescent females use different knowledge than males and have different ways of interpreting their interactions with others. These gender differences may have an impact on self-esteem and self-concept. Research shows that, as adolescents develop, male self-esteem and self-concept rise whereas female self-confidence is lowered.18 One reason is that girls are more likely to stress about their weight and be more dissatisfied with the size and shape of their bodies.19 Young girls are regu- larly confronted with unrealistically high standards of slimness that make them extremely unhappy with their own bodies; it is not surprising that the incidence of eating disorders such as anorexia and bulimia have increased markedly in recent years. Psychologist Carol Gilligan uncovered an alternative explanation for this de- cline in female self-esteem: as girls move into adolescence, they become aware of the conflict between the positive way they see themselves and the negative way society views females. Many girls respond by “losing their voices”—that is, submerging their own feelings and accepting the negative view of women conveyed by adult authorities.20

These various gender differences are described in Concept Summary 6.1.

138 C H A P T E R 6

Gender Differences

Females Males Socialization Sustain relationships. Be independent.

Be less aggressive. Be aggressive. Blame self. Externalize anger.

Cognitive Have superior verbal ability. Have superior visual/spatial ability. Speak earlier. Are better at math. Have better pronunciation. Read better.

Personality Have lower self-esteem. Have high self-esteem. Are self-aware. Are materialistic. Have better attention span. Have low attention span.

Concept Summary 6.1

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

What Causes Gender Differences? Why do these gender differences occur? Some ex- perts suggest that gender differences may have a biological origin: males and females are essentially different. They have somewhat different brain orga- nizations; females are more left-brain-oriented and males more right-brain-oriented. (The left brain is believed to control language; the right, spatial rela- tions.) Others point to the hormonal differences between the sexes as the key to understanding their behavior.

Another view is that gender differences are a result of the interaction of socialization, learning, and enculturation. Boys and girls may behave differ- ently because they have been exposed to different styles of socialization, learned different values, and had different cultural experiences. It follows, then, that if members of both sexes were equally exposed to the factors that produce delinquency, their delin- quency rates would be equivalent.21 According to psychologist Sandra Bem’s gender-schema theory,

our culture polarizes males and females by forcing them to obey mutually exclusive gender roles, or “scripts.” Girls are expected to be “feminine,” exhibiting traits such as being sympathetic and gentle. In contrast, boys are expected to be “masculine,” exhibiting assertiveness and dominance. Children internalize these scripts and accept gender polarization as normal. Children’s self-esteem becomes wrapped up in how closely their behavior conforms to the proper sex role stereotype. When children begin to perceive themselves as either boys or girls (which occurs at about age three), they search for information to help them define their role; they begin to learn what behavior is appropriate for their sex.22 Girls are expected to behave according to the appropriate script and to seek approval of their behavior: Are they acting as girls should at that age? Masculine behavior is to be avoided. In contrast, males look for cues from their peers to define their masculinity; aggressive behavior may be rewarded with peer approval, whereas sensitivity is viewed as nonmasculine.23

See the accompanying What Does This Mean to Me feature for an interesting perspective on the issue of sexual harassment.

GENDER DIFFERENCES AND DELINQUENCY Regardless of their origin, gender distinctions may partly explain the significant gen- der differences in the delinquency rate. Males seem more aggressive and less likely to form attachments to others, factors that might increase their crime rates. Males view aggression as an appropriate means to gain status. Boys are also more likely than girls to socialize with deviant peers, and when they do, they display personality traits that make them more susceptible to delinquency. Recent research by Jean Bottcher found that young boys perceive their roles as being more dominant than young girls. Male perceptions of power, their ability to have freedom and hang with their friends, helped explain the gender differences in delinquency.24

Girls are shielded by their moral sense, which directs them to avoid harming others. Their moral sensitivity may counterbalance the effects of family problems.25

Females display more self-control than males, a factor that has been related to criminality.26

Females are more verbally proficient, a skill that may help them deal with con- flict without resorting to violence. They are taught to be less aggressive and view

G E N D E R A N D D E L I N Q U E N C Y 139

The mission of the National Council for Research on Women is to enhance the connections among research, policy analysis, advocacy, and innovative programming on behalf of women and girls. Visit their site by clicking on Web Links under the Chapter Resources at http://cj. wadsworth.com/siegel_ jdcore2e.

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What Does This Mean to Me?

Sexual Harassment Can gender differences in perception shape the perception of sexual harassment? For example, research shows that males and females both generally agree that sexual coercion and sexual propositions constitute sexual harassment. Yet males do not think that sex-stereotyped jokes are a form of harassment while females do; females think that repeated requests for dates after a refusal constitute harassment while males think there is nothing wrong with asking girls out again and again. It is not surprising to discover that females perceive that sexual harassment has occurred in situations where males find no wrongdoing.

1. Do you think that these different perceptions are biologi- cally related or a matter of socialization?

2. (For women): Have you ever been in a situation where you felt yourself being sexually harassed by a male who thought he was doing nothing wrong?

3. (For men): Have you ever been accused of sexual harass- ment by a woman you know even though you personally felt you did nothing wrong?

gender-schema theory A theory of development that holds that children internalize gender scripts that reflect the gender-related social practices of the culture. Once internalized, these gender scripts predispose the kids to construct a self-identity that is consistent with them.

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belligerence as a lack of self-control.27 When girls are aggressive, they are more likely than boys to hide their behavior from adults; girls who “bully” others are less likely than boys to admit their behavior.28

Cognitive and personality differences are magnified when children internalize gender-specific behaviors. Boys who aren’t tough are labeled sissies. Girls are expected to form closer bonds with their friends and to share feelings.

Gender Patterns in Delinquency Over the past decades, females have increased their participation in delinquent be- haviors at a faster rate than males. Arrest data indicate that juvenile females make up a greater percentage of the arrest statistics today than they did thirty years ago. In 1967, females constituted 13 percent of all juvenile index-crime arrests; today they make up about 25 percent. The most recent arrest data show that between 1993 and 2002 the total teenage male arrest rate decreased by about 16 percent and the female rate increased by 6 percent.29 Even more striking was the relative change in arrests for serious violent crimes—during a period of falling crime rates (1993 to 2002), teenage male violent crime arrests declined 39 percent, while female arrests declined a more modest 13 percent.

The Monitoring the Future self-report study also shows that patterns of male and female criminality appear to be converging. Self-report data indicate that the rank-ordering of male and female deviant behaviors is similar. The illegal acts most common for boys—petty larceny, using a false ID, and smoking marijuana—are also the ones most frequently committed by girls.30

Violent Behavior Gender differences in the delinquency rate may be narrowing, but males continue to be overrepresented in arrests for violent crimes. For example, almost all homicide offenders are males. In 2002, of the more than 973 juveniles arrested for murder, only 101 were female.31

One reason for the gender disparity in lethal violence is that males and females display differences in the victims they target and the weapons they use. The typical male juvenile kills a friend or acquaintance with a handgun during an argument. In contrast, the typical female is as likely to kill a family member as an acquaintance

140 C H A P T E R 6

A youth worker talks with young girls in an after-school program. Are gender differences in per- sonality a matter of experience, or do you believe that males and females are inherently different?

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A number of institutes at major universities are devoted to the study of women’s issues. You can visit the site of the one at the University of Michigan by clicking on Web Links under the Chapter Resources at http://cj.wadsworth.com/ siegel_ jdcore2e.

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Checkpoints ✔ Female delinquency was consid-

ered unimportant by early delin- quency experts because girls rarely committed crime, and when they did it was sexual in nature.

✔ Interest in female delinquency has risen because the female crime rate has been increasing, while the male rate is in decline.

✔ There are distinct gender patterns in development that may explain crime rate differences.

✔ Girls are socialized to be less aggressive than boys.

✔ Girls read better and have better verbal skills than boys.

✔ Gender differences may have both biological and social origins.

✔ The female proportion of the delin- quency rate has grown at a faster pace than that of males during the past twenty-five years.

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

and is more likely to use a knife. Both males and females tend to kill males—gener- ally their brothers, fathers, or friends.

Why do these differences occur, and why are girls increasing their involvement in delinquent activities at a faster pace than boys? The wide range of opinions on these questions will be presented in the remaining sections of this chapter.

ARE FEMALE DELINQUENTS BORN THAT WAY? There is a long tradition of tracing gender differences in delinquency to traits that are uniquely male or female. The argument that biological and psychological differ- ences between males and females can explain differences in crime rates is not a new one. The earliest criminologists focused on physical characteristics believed to be precursors of crime.

Early Biological Explanations With the publication in 1895 of The Female Offender, Lombroso (with William Fer- rero) extended his work on criminality to females.32 Lombroso maintained that women were lower on the evolutionary scale than men, more childlike and less intel- ligent.33 Women who committed crimes could be distinguished from “normal” women by physical characteristics—excessive body hair, wrinkles, and an abnormal cranium, for example.34 In appearance, delinquent females appeared closer to men than to other women. The masculinity hypothesis suggested that delinquent girls had excessive male characteristics.35

Lombrosian thought had a significant influence for much of the twentieth cen- tury. Delinquency rate differentials were explained in terms of gender-based differ- ences. For example, in 1925 Cyril Burt linked female delinquency to menstruation.36

Similarly, William Healy and Augusta Bronner suggested that males’ physical superi- ority enhanced their criminality. Their research showed that about 70 percent of the delinquent girls they studied had abnormal weight and size, a finding that supported the “masculinity hypothesis.”37

So-called experts suggested that female delinquency goes unrecorded because the female is the instigator rather than the perpetrator.38 Females first use their sex- ual charms to instigate crime and then beguile males in the justice system to obtain deferential treatment. This observation, referred to as the chivalry hypothesis, holds that gender differences in the delinquency rate can be explained by the fact that fe- male criminality is overlooked or forgiven by male agents of the justice system. Those who believe in the chivalry hypothesis point to data showing that even though women make up about 20 percent of arrestees, they account for less than 5 percent of inmates. Police and other justice system personnel may be less willing to penalize female offenders than male offenders.39

Early Psychological Explanations Psychologists also viewed the physical differences between males and females as a basis for their behavior differentials. Sigmund Freud maintained that girls interpret their lack of a penis as a sign that they have been punished. Boys fear that they can be punished by having their penis cut off, and thus learn to fear women. From this con- flict comes penis envy, which often produces an inferiority complex in girls, forcing them to make an effort to compensate for their “defect.” One way to compensate is to identify with their mothers and accept a maternal role. Also, girls may attempt to compensate for their lack of a penis by dressing well and beautifying themselves.40

Freud also claimed that “if a little girl persists in her first wish—to grow into a boy— in extreme cases she will end as a manifest homosexual, and otherwise she will exhibit

✔ Checkpoints

G E N D E R A N D D E L I N Q U E N C Y 141

✔ Though males still are arrested more often than females, the intergender patterns of delinquency are remarkably similar.

To quiz yourself on this material, go to questions 6.1–6.5 on the Juvenile

Delinquency: The Core 2e Web site.

To read more about the chivalry hypothesis and how it relates to gang delinquency, click on Web Links under the Chapter Resources at http://cj. wadsworth.com/siegel_ jdcore2e.ht

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chivalry hypothesis (also known as paternalism hypothesis) The view that low female crime and delinquency rates are a reflec- tion of the leniency with which police treat female offenders.

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markedly masculine traits in the conduct of her later life, will choose a masculine vocation, and so on.”41

At midcentury, psychodynamic theorists suggested that girls are socialized to be passive, which helps explain their low crime rate. However, this condition also makes some females susceptible to being manipulated by men; hence, their participation in sex-related crimes such as prostitution. A girl’s wayward behavior, psychoanalysts suggested, was restricted to neurotic theft (kleptomania) and overt sexual acts, which were symptoms of personality maladaption.42

According to these early versions of the psychoanalytic approach, gender differ- ences in the delinquency rate can be traced to differences in psychological orienta- tion. Male delinquency reflects aggressive traits, whereas female delinquency is a function of repressed sexuality, gender conflict, and abnormal socialization.

Contemporary Trait Views Contemporary biosocial and psychological theorists have continued the tradition of attributing gender differences in delinquency to physical and emotional traits (see Figure 6.1). These theorists recognize that it is the interaction of biological and psy- chological traits with the social environment that produces delinquency.

Precocious Sexuality Early theorists linked female delinquency to early or precocious sexuality. According to this view, girls who experience an early onset of physical maturity are most likely to engage in antisocial behavior.43 Female delin- quents were believed to be promiscuous and more sophisticated than male delin- quents.44 Linking female delinquency to sexuality was responsible, in part, for the view that female delinquency is symptomatic of maladjustment.45

Equating female delinquency purely with sexual activity is no longer taken seri- ously, but early sexuality has been linked to other problems, such as a higher risk of teen pregnancy and sexually transmitted diseases.46 Empirical evidence suggests that girls who reach puberty at an early age are at the highest risk for delinquency.47 One reason is that “early bloomers” may be more attractive to older adolescent boys, and increased contact with this high-risk group places the girls in jeopardy for antisocial behavior. Girls who are more developed relative to their peers are more likely to so- cialize at an early age and to get involved in deviant behaviors, especially “party de- viance,” such as drinking, smoking, and substance abuse. Early puberty is most likely to encourage delinquent activities that occur in the context of socializing with peers and having romantic relationships with boys.48 The delinquency gap between early and late bloomers narrows when the latter group reaches sexual maturity and in- creases in exposure to boys.49 Biological and social factors seem to interact to post- pone or accelerate female delinquent activity.

Hormonal Effects As you may recall from chapter 3, some biosocial theorists link antisocial behavior to hormonal influences.50 One view is that hormonal im- balance may influence aggressive behavior. For example, changes in the level of the hormone cortisol, which is secreted by the adrenal glands in response to any kind of physical or psychological stress, has been linked to conduct problems in young girls.51

Another view is that excessive amounts of male hormones (androgens) are re- lated to delinquency. The androgen most often related to antisocial behavior is testosterone.52 In general, females who test higher for testosterone are more likely to engage in stereotypical male behaviors.53 Females who have low androgen levels are less aggressive than males, whereas those who have elevated levels will take on characteristically male traits, including aggression.54

Some females are overexposed to male hormones in utero. Females affected this way may become “constitutionally masculinized.” They may develop abnormal hair growth, large musculature, low voice, irregular menstrual cycle, and hyperaggressive- ness; this condition can also develop as a result of steroid use or certain medical dis-

142 C H A P T E R 6

precocious sexuality Sexual experimentation in early adolescence.

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orders.55 Author Diana Fishbein has reviewed the literature in this area and finds that, after holding constant a variety of factors (including IQ, age, and environment), females exposed to male hormones in utero are more likely to engage in aggressive behavior later in life.56

Premenstrual Syndrome Early biotheorists suspected that premenstrual syndrome (PMS) was a direct cause of the relatively rare instances of female vio- lence: “For several days prior to and during menstruation, the stereotype has been that ‘raging hormones’ doom women to irritability and poor judgment—two facets of premenstrual syndrome.”57 The link between PMS and delinquency was popular- ized by Katharina Dalton, whose studies of Englishwomen led her to conclude that females are more likely to commit suicide and be aggressive and otherwise antisocial before or during menstruation.58

Today there is conflicting evidence on the relationship between PMS and female delinquency. Diana Fishbein, an expert on biosocial theory, concludes that there is an association between elevated levels of female aggression and menstruation. Research shows that a significant number of incarcerated females committed their crimes during the premenstrual phase, and also that a small percentage of women appear vulnerable to cyclical hormonal changes that make them more prone to anxiety and hostility.59

Fishbein notes that even though a majority of women do not actually engage in crimi- nal behavior during their menstrual cycle the evidence does show a link.60 While this evidence is persuasive, the true relationship between crime and the female menstrual cycle still remains unknown.61 It is possible that the stress associated with menstrua- tion produces crime, and it is also possible that the stress of antisocial behavior pro- duces early menstruation.62

Aggression According to some biosocial theorists, gender differences in the delin- quency rate can be explained by inborn differences in aggression; males are inherently

G E N D E R A N D D E L I N Q U E N C Y 143

Figure 6.1 Trait Differences in Male and Female Delinquents

• Disordered care-taking

• Lack of educational stimulation in the home

• Reading problems

• A need for remedial education by age 10

• Late maturation

• An unemployed, criminal, or absent father

A longitudinal study that followed children born on the Hawaiian island of Kauai in 1955 for thirty-two years found that the most reliable traits for predicting delinquency in boys included these:

In addition, boys appeared to be particularly vulnerable to early childhood learning problems, leading to school failure. A combination of reaching puberty late and lack of a significant male role model also encouraged the persistence of antisocial behavior throughout adolescence.

• A history of minor congenital defects

• Low development scores by age 2

• A need for mental health services by age 10

• Earlier-than-average onset of puberty

In the same longitudinal study, researchers found that delinquent girls tend to have the following traits:

Researchers hypothesize that birth defects and slow early development could lead to poor self-esteem, whereas early sexual development may encourage sexual relationships with older males and conflict with parents.

Source: Felton Earls and Albert Reiss, Breaking the Cycle: Predicting and Preventing Crime (Washington, DC: National Institute of Justice, 1994), pp. 24–25.

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

more likely to be aggressive.63 Some psychologists have suggested that these differ- ences are present very early in life, appearing before socialization can influence be- havior. Males seem to be more aggressive in all societies for which data are available; gender differences in aggression can even be found in nonhuman primates.64

Some biosocial theorists argue that gender-based differences in aggression reflect the dissimilarities in the male and female reproductive systems. Males are more ag- gressive because they wish to possess as many sex partners as possible to increase their chances of producing offspring. Females have learned to control their aggres- sive impulses because having multiple mates does not increase their chances of con- ception. Instead, females concentrate on acquiring things that will help them rear their offspring, such as a reliable mate who will supply material resources.65

Contemporary Psychological Views Because girls are socialized to be less aggressive than boys, it is possible that the young women who do get involved in antisocial and violent behavior are suffering from some form of mental anguish or abnormality. Girls are also more likely than boys to be involved in status offenses such as running away and truancy, behaviors that suggest underlying psychological distress.

Research indicates that antisocial adolescent girls do suffer a wide variety of psy- chiatric problems and have dysfunctional and violent relationships.66 Incarcerated adolescent female offenders have more acute mental health symptoms and psychologi- cal disturbances than male offenders.67 Female delinquents score high on psychologi- cal tests measuring such traits as psychopathic deviation, schizophrenia, paranoia, and psychasthenia (a psychological disorder characterized by phobias, obsessions, compul- sions, or excessive anxiety).68 Clinical interviews indicate that female delinquents are significantly more likely than males to suffer from mood disorders, including any dis- ruptive disorder, major depressive disorder, and separation anxiety disorder.69 For example, serious female delinquents have been found to have a relatively high inci- dence of callous-unemotional (CU) traits, an affective disorder described by a lack of remorse or shame, poor judgment, failure to learn by experience, and chronic lying.70

In sum, there are some experts who believe that female delinquents suffer from psy- chological deficits ranging from lack of self-control to serious impairments.71

SOCIALIZATION VIEWS Socialization views are based on the idea that a child’s social development may be the key to understanding delinquent behavior. If a child experiences impairment, family disruption, and so on, the child will be more susceptible to delinquent associations and criminality.

Linking crime rate variations to gender differences in socialization is not a recent phenomenon. In a 1928 work, The Unadjusted Girl, W. I. Thomas suggested that some girls who have not been socialized under middle-class family controls can be- come impulsive thrill seekers. According to Thomas, female delinquency is linked to the “wish” for luxury and excitement.72 Inequities in social class condemn poor girls from demoralized families to using sex as a means to gain amusement, pretty clothes, and other luxuries. Precocious sexuality makes these girls vulnerable to older men, who lead them down the path to decadence.73

Socialization and Delinquency Scholars concerned with gender differences in crime are interested in the distinction between the lifestyles of males and females. Girls may be supervised more closely than boys. If girls behave in a socially disapproved fashion, their parents may be more likely to notice. Adults may be more tolerant of deviant behavior in boys and expect boys to act tough and take risks.74 Closer supervision restricts the opportu-

144 C H A P T E R 6

To read about the socialization of female delinquents, click on Web Links under the Chap- ter Resources at http://cj. wadsworth.com/siegel_ jdcore2e.ht

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nity for crime and the time available to mingle with delinquent peers. It follows, then, that the adolescent girl who is growing up in a troubled home and lacks supervision may be more prone to delinquency.75

Focus on Socialization In the 1950s, a num- ber of researchers began to focus on gender-specific socialization patterns. They made three assumptions about gender differences in socialization: families exert a more powerful influence on girls than on boys; girls do not form close same-sex friendships but compete with their peers; and female criminals are primarily sexual offenders. First, parents are stricter with girls because they perceive them as needing control. In some families, adolescent girls rebel against strict con- trols. In others, where parents are absent or unavail- able, girls may turn to the streets for companionship. Second, girls rarely form close relationships with fe- male peers because they view them as rivals for males who would make eligible marriage partners.76 Instead, girls enter into affairs with older men who exploit them, involve them in sexual deviance, and father their illegitimate children.77 The result is prostitution, drug abuse, and marginal lives. Their daughters repeat this pattern in a never-ending cycle of exploitation.

Broken Homes/Fallen Women A number of experts share emphasis on the family as a primary influence on delinquent behavior. Male delinquents

were portrayed as rebels who esteemed “toughness,”“excitement,” and other lower- class values. Males succumbed to the lure of delinquency when they perceived few legitimate opportunities. In contrast, female delinquents were portrayed as troubled adolescents who suffered inadequate home lives, and more often than not, were victims of sexual and physical abuse. Ruth Morris described delinquent girls as unattractive youths who reside in homes marked by family tensions.78 In The Delinquent Girl (1970), Clyde Vedder and Dora Somerville suggest that female delinquency is usually a problem of adjustment to family pressure; an estimated 75 percent of institutionalized girls have family problems.79 They also suggest that girls have serious problems in a male-dominated culture with rigid and sometimes unfair social practices.

Other early efforts linked “rebellious” behavior to sexual conflicts in the home.80

Broken or disrupted homes were found to predict female delinquency.81 Females pe- titioned to juvenile court were more likely than males to be charged with ungovern- able behavior and sex offenses. They also were more likely to reside in single-parent homes.82 Studies of incarcerated juveniles found that most of the male delinquents were incarcerated for burglary and other theft-related offenses, but female delinquents tended to be involved in incorrigibility and sex offenses. The conclusion: boys became delinquent to demonstrate their masculinity; girls were delinquent because of hostility toward parents and a consequent need to obtain attention from others.83

Contemporary Socialization Views Investigators continue to support the view that female delinquents have more dys- functional home lives than male offenders.84 Institutionalized girls tell of lives filled with severe physical and sexual abuse. In addition to tragic home lives, delinquent girls report social experiences that were frustrating or even degrading.85

G E N D E R A N D D E L I N Q U E N C Y 145

According to contemporary socialization views, if a girl grows up in an atmosphere of sexual tension, where hostility exists between her parents or where the parents are absent, she likely will turn to outside sources for affection and support. In their reaction to loneliness, frustration, and parental hostility, girls begin to engage in the same activities as boys: staying out late at night, drinking, partying, and riding around with their friends.

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Girls seem to be more deeply affected than boys by child abuse, and the link be- tween abuse and female delinquency seems stronger than it is for male delinquency.86

A significant amount of female delinquency can be traced to abuse in the home.87

Meda Chesney-Lind, a prominent feminist scholar, has described this association: “Young women on the run from homes characterized by sexual abuse and parental neglect are forced, by the very statutes designed to protect them, into the life of an escaped convict.”88 Girls may be forced into a life of sexual promiscuity because their sexual desirability makes them a valuable commodity for families living on the edge. For example, girls may be “lent out” to drug dealers so their parents or partners can get high. Girls on the streets are encouraged to sell their bodies because they have little else of value to trade.89 Many of these girls may find themselves pregnant at a very young age. A number of programs have been created to help prevent teen pregnancy and to help girls who find themselves pregnant. This is the topic of the above Prevent- ing and Treating Delinquency feature.

There is a significant body of literature linking abusive home lives to gang participa- tion and crime. Joan Moore’s analysis of gang girls in East Los Angeles found that many came from troubled homes. Sixty-eight percent of the girls she interviewed were afraid of their fathers, and 55 percent reported fear of their mothers.90 Many of the girls re- ported that their parents were overly strict and controlling, despite the fact that they engaged in criminality themselves. Moore also details accounts of sexual abuse; about 30 percent of the girls reported that family members had made sexual advances.91 Emily

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Preventing Teen Pregnancy Girls who become pregnant during their teen years often find themselves on a rocky road. Many drop out of school, believ- ing they will not be able to handle being a mother and a stu- dent at the same time. Those who do drop out find themselves without the necessary skills and educational degree they need to obtain adequate employment. They may sink into persistent poverty, managing to survive on meager state support. Their plight is often intergenerational: children of teen parents are also more likely to suffer educational deficiencies and be kept back in school, and are more likely to eventually drop out; their daughters are similarly significantly more likely to be- come teen mothers than the offspring of women who are older, married, and living in two-parent households. For these reasons, juvenile justice experts believe it is critical to help teen moms continue with their high school education while receiv- ing help in developing their parenting skills. A number of programs have been created to reach this objective.

LEAP One teen parenting program that has been popular is the Ohio-based Learning, Earning, and Parenting program (LEAP). The LEAP program aims at requiring teen moms either to attend high school or to attempt to earn a GED in order to attain financial assistance from the state’s Aid to Families with Dependant Children (AFDC). They are also awarded an additional monthly stipend if they attend school and have an equal amount deducted if they drop out. Upon graduation, they are awarded an additional stipend.

The LEAP program strives to help teens continue their high school education, gain employment skills, and also learn effective parenting skills. Evaluations show that the program does in fact increase participants’ school enrollment and attendance. However, graduation rates increased only for those teen moms who were already enrolled in school when the program was implemented, not for those who entered after the program was announced. Nonetheless, four-year follow-up tests indicate that the program can be a big help, especially in boosting employment among these teens.

LEAP has proven so successful that it is being adopted in Canada. The Canadian program requires that each teen complete high school credits and take thirty-five hours of parenting classes. Once both these requirements are completed, teens are awarded $500, which can be put away toward further education for themselves or for the child’s future education.

GRADS The Graduation, Reality, and Dual-Role Skills (GRADS) program is a voluntary program for pregnant teenagers or teen parents who are in the seventh through twelfth grades. Also developed in Ohio, GRADS comprises four main areas: pregnancy, parenting, balancing work and family, and secu- rity and happiness. Participants attend classes taught by licensed and certified instructors. They are also placed in individual counseling and participate in group sessions with other teen parents. In addition, guest speakers from different organizations, such as Planned Parenthood, come in to enrich the classroom experience.

Preventing and Treating Delinquency

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

Gaarder and Joanne Belknap’s interviews with young women sent to adult prisons indi- cated that most had endured prolonged sexual abuse and violence. For example, Lisa, a young White woman serving time for attempted murder, had used drugs, alcohol, and joined gangs to escape the pain and troubles of her home life. Her mother was an alco- holic, and her father a convicted rapist. She had been sexually and physically abused by her stepfather from the ages of nine to eleven. Soon after, Lisa began skipping school, started using alcohol, and took acid. She joined a gang when she was twelve.“They were like a family to me,” she told Gaarder and Belknap.“But I became involved in a lot of stuff. . . . I got high a lot, I robbed people, burglarized homes, stabbed people, and was involved in drive-bys.”At age fifteen, she stabbed a woman in a fight. She is serving seven to fifteen years for the crime. She made this statement:

I had just gotten out of this group home. The lady I stabbed had been messing with my sister’s fiancé. This woman [had] a bunch of my sister’s stuff, like her stereo and VCR, so me, my sister, her fiancé, and my boyfriend went over to pick up the stuff. We were all getting high beforehand. When we got to the house, my sister and I went in. . . . They [her sister and the victim] started fighting over him, and I started stab- bing her with a knife. I always carried a knife with me because I was in a gang.92

In summary, the socialization approach holds that family interaction is the key to understanding female delinquency. If a girl grows up in an atmosphere of sexual ten- sion, where hostility exists between her parents, or where her parents are absent, she is

G E N D E R A N D D E L I N Q U E N C Y 147

The GRADS program is aimed at strengthening the teens’ bond to society. So far, it appears to be a success. Where the national dropout rate for teen mothers is approximately 60 percent, for those involved with the GRADS program it hovers around 14 percent. Repeat pregnancies among teen moms in the program have also dropped; 13 percent of those involved with the GRADS program became pregnant again, whereas 29 percent of those not in the program had additional pregnancies. In fact, the program has proven so successful that it is now implemented in 80 percent of Ohio’s school districts and seventeen other states have adopted the program.

ROAD Reaching Out to Adolescent Dads (ROAD), is a Virginia- based program that targets young fathers between the ages of thirteen and twenty.

The program strives to help these boys continue their education by encouraging high school attendance or partici- pation in a GED program. ROAD helps participants develop job skills and explore career opportunities. Teens are taught to accept responsibility and are educated on preventing further pregnancies. The program teaches participants the importance of father-child relationships and educates them on parenting skills that will benefit them in caring for their child. The program helps them understand the importance of paying child support.

Evaluations suggest that ROAD is successful in increas- ing paternal levels of responsibility, improves school perfor- mance, helps participants gain employment, and also reduces the chances of these teens fathering more children.

CRITICAL THINKING Do programs that help kids deal with teen pregnancy perhaps encourage them to have even more children while giving oth- ers, who are not yet parents, the impression that having chil- dren while they are still in school is not such a bad thing? Do you believe that these programs may actually increase the number of kids born to teen parents?

INFOTRAC COLLEGE EDITION RESEARCH Can spirituality reduce the incidence of precocious

sex? Go to InfoTrac College Edition and read Willa Doswell, Malick Kouyate, and Jerome Taylor, “The Role of Spirituality in Preventing Early Sexual Behavior,” American Journal of Health Studies 18:195–203 (2003).

Sources: Mike Bauer and Lorraine Graham-Watson, “Learning, Earn- ing, and Parenting Program (LEAP)—2001 Progress Report” (Ontario, Canada: Regional Municipality of Niagara, Social Assistance and Em- ployment Opportunities Division, 2001), pp. 1–3; LEAP Final Report on Ohio’s Welfare Initiative to Improve School Attendance Among Teen- age Parents (New York: Manpower Demonstration Research Corpora- tion, 1997); “Learning, Earning, and Parenting Program” (Ontario, Canada: Ministry of Community, Family and Children’s Services, 2003), pp. 29–30; U.S. Department of Education, “Compendium of School-Based and School-Linked Programs for Pregnant and Parent- ing Adolescents.” National Institute on Early Childhood Development and Education. Office of Educational Research and Improvement (Washington, DC: U.S. Department of Education, 1999); ROAD Program, “Reaching Out to Adolescent Dads.” www.parenting resources.ncjrs.org/familydynamics/teenparent.html, 2002.

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likely to turn to outside sources for support. Girls are expected to follow narrowly defined behavioral patterns. In contrast, it is not unusual for boys to stay out late, drive around with friends, or get involved in other unstructured behaviors linked to delinquency. If in reaction to loneliness and parental hostility, girls engage in the same “routine activities” as boys (staying out late, partying, and riding around with friends), they run the risk of engaging in similar types of delinquent behavior.93

The socialization approach holds that a poor home life is likely to have an even more damaging effect on females than on males. Because girls are less likely than boys to have close-knit peer associations, they are more likely to need close parental relationships to retain emotional stability. In fact, girls may become sexually in- volved with boys to receive support from them, a practice that tends to magnify their problems.

LIBERAL FEMINIST VIEWS The feminist movement has, from its origins, fought to help women break away from their traditional roles and gain economic, educational, and social advancement. There is little question that the women’s movement has revised the way women per- ceive their roles in society, and it has altered the relationships of women to many social institutions.

Liberal feminism has influenced thinking about delinquency. According to lib- eral feminists, females are less delinquent than males because their social roles pro- vide fewer opportunities to commit crime. As the roles of women become more similar to those of men, so will their crime patterns. Female criminality is motivated by the same influences as male criminality. According to Freda Adler’s important book Sisters in Crime (1975), by striving for independence women have begun to alter the institutions that had protected males in their traditional positions of power.94 Adler argued that female delinquency would be affected by the changing role of women. As females entered new occupations and participated in sports, poli- tics, and other traditionally male endeavors, they would also become involved in crimes that had heretofore been male-oriented; delinquency rates would then con- verge. She noted that girls were becoming increasingly involved in traditionally masculine crimes such as gang activity and fighting.

Adler predicted that the women’s movement would produce steeper increases in the rate of female delinquency because it created an environment in which the roles of girls and boys converge. She predicted that the changing female role would pro- duce female criminals who are similar to their male counterparts.95

Support for Liberal Feminism A number of studies support the feminist view of gender differences in delinquency.96

More than twenty years ago, Rita James Simon explained how the increase in female criminality is a function of the changing role of women. She claimed that as women were empowered economically and socially, they would be less likely to feel dependent and oppressed. Consequently, they would be less likely to attack their traditional tar- gets: their husbands, their lovers, or even their own children.97 Instead, their new role as breadwinner might encourage women to engage in traditional male crimes, such as larceny and car theft.

Simon’s view has been supported in part by research showing a significant corre- lation between the women’s rights movement and the female crime rate.98 If 1966 is used as a jumping-off point (because the National Organization for Women was founded in that year), there are indications that patterns of serious female crime (robbery and auto theft) correlate with indicators of female emancipation (the di- vorce rate and participation in the labor force). Although this research does not prove that female crime is related to social change, it identifies behavior patterns that support that hypothesis.

148 C H A P T E R 6

liberal feminism Asserts that females are less delin- quent than males because their social roles provide them with fewer opportunities to commit crimes; as the roles of girls and women become more similar to those of boys and men, so too will their crime patterns.

critical feminists Hold that gender inequality stems from the unequal power of men and women and the subsequent exploitation of women by men; the cause of female delinquency originates with the onset of male supremacy and the efforts of males to control females’ sexuality.

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In addition to these efforts, self-report studies support the liberal feminist view by showing that gender differences in delinquency are fading; that is, the delinquent acts committed most and least often by girls are nearly identical to those reported most and least often by boys.99 The pattern of female delinquency, if not the extent, is now similar to that of male delinquency,100 and with few exceptions the factors that seem to motivate both male and female criminality seem similar.101 For exam- ple, research shows that economic disadvantages are felt equally by both male and female residents.102

As the sex roles of males and females have become less distinct, their offending patterns have become more similar. Girls may be committing crimes to gain eco- nomic advancement and not because they lack parental support. Both of these pat- terns were predicted by liberal feminists.

Critiques of Liberal Feminism Not all delinquency experts believe changing sex roles influence crime rates. Some argue that the delinquent behavior patterns of girls have remained static and have not been influenced by the women’s movement. Females involved in violent crime more often than not have some connection to a male partner who influences their behavior. One study of women who kill in the course of their involvement in the drug trade found that they kill on behalf of a man or out of fear of a man.103

Others dispute that changes in female delinquency rates relate to the feminist movement. Self-report studies show that female participation in most crime has remained stable for the past ten years.104 It is possible that the women’s movement has not influenced crime rates as much as previously thought.105 Perhaps the greater participation by females in the Uniform Crime Report (UCR) arrest data is more a function of how police are treating females than an actual change in female behavior patterns.

CRITICAL FEMINIST VIEWS A number of writers take a more critical view of gender differences in crime. These scholars can be categorized as critical feminists (sometimes known as Marxist femi- nists) who believe gender inequality stems from the unequal power of men and

G E N D E R A N D D E L I N Q U E N C Y 149

According to liberal feminists, females are less delinquent than males because their social roles provide them with fewer oppor- tunities to commit crime. As the roles of girls and women be- come more similar to those of males, so too will their crime patterns. Female criminality is actually motivated by the same crime-producing influences as male criminality. The fact that female delinquency is rising at a faster rate than male de- linquency reflects the conver- gence of their social roles.

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women in a capitalist society and the exploitation of females by fathers and husbands: under capitalism, women are a “commodity” like land or money.106 Female delin- quency originates with the onset of male supremacy (patriarchy), the subordination of women, male aggression, and the efforts of men to control females sexually.107

Critical feminists focus on the social forces that shape girls’ lives.108 They attempt to show how the sexual victimization of girls is often a function of male socialization and that young males learn to be exploitive of women. James Messer- schmidt, an influential feminist scholar, has formulated a theoretical model to show how misguided concepts of “masculinity” flow from the inequities built into “patri- archal capitalism.” Men dominate business in capitalist societies, and males who cannot function well within its parameters are at risk for crime. Women are inher- ently powerless in such a society, and their crimes reflect their limited access to both legitimate and illegitimate opportunity.109 It is not surprising that research surveys have found that 90 percent of adolescent girls are sexually harassed in school, with almost 30 percent reporting having been psychologically pressured to “do something sexual,” and 10 percent physically forced into sexual behaviors.110

According to the critical feminist view, male exploitation acts as a trigger for female delinquent behavior. Female delinquents recount being so severely harassed at school that they were forced to carry knives. Some reported that boyfriends—men sometimes in their thirties—who “knew how to treat a girl” would draw them into criminal activity such as drug trafficking, which eventually entangled them in the justice system.111

When female adolescents run away and use drugs, they may be reacting to abuse at home or at school. Their attempts at survival are then labeled delinquent.112 Research shows that a significant number of girls who are victims of sexual and other forms of abuse later engage in delinquency.113 All too often, school officials ignore complaints made by female students. Young girls therefore may feel trapped and desperate.

Crime and Patriarchy A number of theoretical models have attempted to use a critical or Marxist feminist perspective to explain gender differences in delinquency. For example, in Capitalism, Patriarchy, and Crime, Marxist James Messerschmidt argues that capitalist society is characterized by both patriarchy and class conflict. Capitalists control workers, and men control women, both economically and biologically.114 This “double mar- ginality” explains why females in a capitalist society commit fewer crimes than males: they are isolated in the family and have fewer opportunities to engage in elite deviance (white-collar and economic crimes); they are also denied access to male-dominated street crimes. Because capitalism renders women powerless, they are forced to commit less serious crimes such as abusing drugs.

Power-Control Theory John Hagan and his associates have speculated that gender differences in delinquency are a function of class differences that influence family life. Hagan, who calls his view power-control theory, suggests that class influences delinquency by controlling the quality of family life.115 In paternalistic families, fathers assume the role of bread- winners and mothers have menial jobs or remain at home. Mothers are expected to control the behavior of their daughters while granting greater freedom to sons. The parent-daughter relationship can be viewed as a preparation for the “cult of domes- ticity,” which makes daughters’ involvement in delinquency unlikely. Hence, males exhibit a higher degree of delinquent behavior than their sisters.

In egalitarian families—in which the husband and wife share similar positions of power at home and in the workplace—daughters gain a kind of freedom that reflects reduced parental control. These families produce daughters whose law- violating behaviors mirror those of their brothers. Ironically, these kinds of rela- tionships also occur in households with absent fathers. Similarly, Hagan and his

150 C H A P T E R 6

For more than twenty years, the Center for Research on Women has been at the forefront of research in which the central questions are shaped by the experiences and perspectives of women. Its Web site can be accessed by clicking on Web Links under the Chapter Resources at http://cj.wadsworth.com/ siegel_ jdcore2e.

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power-control theory Holds that gender differences in the delinquency rate are a function of class differences and economic conditions that influence the structure of family life.

egalitarian families Husband and wife share power at home; daughters gain a kind of freedom similar to that of sons and their law-violating behaviors mirror those of their brothers.

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

associates found that when both fathers and mothers hold equally valued managerial positions the similarity between the rates of their daughters’ and sons’ delinquency is greatest. Therefore, middle-class girls are most likely to violate the law because they are less closely controlled than lower-class girls.

Research conducted by Hagan and his colleagues has tended to support the core relationship between family structure and gender differences in delinquency.116

However, some of the basic premises of power-control theory, such as the relation- ship between social class and delinquency, have been challenged. For example, some critics have questioned the assumption that upper-class youths may engage in more petty delinquency than lower-class youths because they are brought up to be “risk takers” who do not fear the consequences of their misdeeds.117

Power-control theory encourages a new approach to the study of delinquency, one that addresses gender differences, class position, and family structure. It also helps explain the relative increase in female delinquency by stressing the significance of changing feminine roles. With the increase in single-parent homes, the patterns Hagan has identified may change. The decline of the patriarchal family may produce looser family ties on girls, changing sex roles, and increased delinquency. Ironically, this raises an interesting dilemma: the daughters of successful and powerful mothers are more at risk for delinquency than the daughters of stay-at-home moms! How- ever, as sociologist Christopher Uggen points out, there may be a bright side to this dilemma: the daughters of independent working mothers may not only be more likely to commit delinquent acts but also be encouraged to take prosocial risks such as engaging in athletic competition and breaking into traditional male-dominated occupations such as policing and the military.118

GENDER AND THE JUVENILE JUSTICE SYSTEM Gender differences not only have an effect on crime patterns but also may have a significant impact on the way children are treated by the juvenile justice system. Several feminist scholars argue that girls are not only the victims of injustice at home but also risk being victimized by agents of the justice system.

Are girls still “victims” of the juvenile justice system? Meda Chesney-Lind’s well- regarded research found that police are more likely to arrest female adolescents for

✔ Checkpoints

G E N D E R A N D D E L I N Q U E N C Y 151

According to power-control theory, when girls grow up in egalitarian families, where the husband and the wife share similar positions of power at home and in the workplace, they achieve freedom and independence.

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Checkpoints ✔ There are a variety of views on why

girls become delinquent and why there are gender differences in the crime rate.

✔ At one time it was believed that girls were naturally less aggressive and female criminals were a bio- logical aberration.

✔ Some experts still believe that hormonal differences can explain why males are more aggressive.

✔ Some experts believe that males are more aggressive because they have evolved that way to secure mates.

✔ Under some circumstances females may act more aggressively than males.

✔ Some experts believe that girls have been socialized to be less violent.

✔ Female delinquents may be the product of a destructive home life, rebelling against abusive parents.

✔ The liberal feminist view is that girls did not have the same oppor- tunities to commit crime as boys and that rising female crime rates represent changing life circumstances.

✔ Critical feminists see female delin- quency as a function of male domination and abuse.

To quiz yourself on this material, go to questions 6.6–6.20 on the Juvenile

Delinquency: The Core 2e Web site.

Juvenile Delinquency: The Core COPYRIGHT © 2005 Wadsworth, a division of Thomson Learning, Inc

sexual activity and to ignore the same behavior among male delinquents.119 Girls were also more likely to be sent to a detention facility before trial, and the length of their detention averaged three times that of boys. Girls are far more likely than boys to be picked up by police for status offenses and are more likely to be kept in deten- tion for such offenses.120

Girls, more than boys, are still disadvantaged if their behavior is viewed as morally incorrect by government officials or if they are considered beyond parental control.121

Recent research conducted by John MacDonald and Meda Chesney-Lind found that the juvenile justice system still categorizes female offenders into two distinct groups: girls who momentarily strayed from the “good girl” path and are therefore deserving of solicitous, humanitarian treatment, and dangerously wayward girls who have seri- ous problems and must therefore be kept under strict control lest they stray further.122

Girls may also be feeling the brunt of the more punitive policies now being used in the juvenile justice system. For example, when Chesney-Lind and Vickie Paramore analyzed data from the City and County of Honolulu they found that tougher juve- nile justice standards meant that more cases were being handled formally in the juve- nile justice system.123 While girls are actually committing fewer violent crimes, they are more likely to become enmeshed in the grasp of the juvenile justice system. Once in the system, they may receive fewer benefits and services than their male counter- parts. Institutionalized girls report that they are given fewer privileges and less space, equipment, programs, and treatment than institutionalized boys.124

Girls may still be subject to harsh punishments if they are considered danger- ously immoral. Girls are significantly more likely to be arrested on status offense charges than boys.125 However, the arrest rates for girls show that girls are charged with status offenses more often than boys because some of the behaviors they are participating in are considered negative when perpetrated by a female but would not gain official attention if engaged in by a male.126

There still appears to be an association between male standards of “beauty” and sexual behavior: criminal justice professionals may look on attractive girls who en- gage in sexual behavior more harshly, overlooking some of the same behaviors in less attractive girls. In some jurisdictions, girls are still being incarcerated for status of- fenses because their behavior does not measure up to concepts of “proper” female behavior.127 Even though girls are still less likely to be arrested than boys, those who fail to measure up to stereotypes of proper female behavior are more likely to be sanctioned than male offenders.128

Why do these differences persist? Perhaps because correctional authorities con- tinue to subscribe to stereotyped beliefs about the needs of young girls. Writing in 1998 with Randall Shelden, Meda Chesney-Lind found that court officials and policy- makers still show a lack of concern about girls’ victimization and instead are more concerned with controlling their behavior than addressing the factors that brought them to the attention of the juvenile justice system in the first place.129

152 C H A P T E R 6

• The relationship between gender and delinquency has become a topic of considerable interest to criminologists.

• At one time, attention was directed solely at male of- fenders and the rare female delinquent was considered an oddity. The nature and extent of female delinquent activities have changed, and girls are now engaging in more frequent and serious illegal activity.

• Sociologists and psychologists recognize that there are differences in attitudes, values, and behavior between boys and girls.

• There are cognitive differences. Females process infor- mation differently than males do and have different cognitive and physical strengths. These differences may, in part, explain gender differences in delinquency.

• Girls are socialized differently, which causes them to internalize rather than externalize anger and aggression.

• There are also psychological differences between the sexes. Girls may actually be at risk for a greater level of mental anguish than boys.

SUMMARY

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G E N D E R A N D D E L I N Q U E N C Y 153

• There are a number of different views of female delinquency.

• Trait views are concerned with biological and psycho- logical differences between the sexes. Early efforts by Cesare Lombroso and his followers placed the blame for delinquency on physical differences between males and females. Girls who were delinquent had inherent masculine characteristics.

• Contemporary trait theorists view girls’ psychological makeup and hormonal and physical characteristics as key to their delinquent behavior.

• Socialization has also been identified as a cause of delinquency. Males are socialized to be tough and aggressive, females to be passive and obedient.

• Early socialization views portrayed the adolescent female offender as a troubled girl who lacked love at home and supportive peer relations.

• These theories treated female delinquents as sexual offenders whose criminal activities were linked to destructive relationships with men.

• Contemporary socialization views continue to depict female delinquents as being raised in hellish homes where they are victims of sexual and physical abuse.

• More recent views of gender and delinquency incorpo- rate the changes brought about by the women’s move- ment. Liberal feminists argue that, as the roles of women change, so will their crime patterns. Although a number of studies support this view, some theorists question its validity. The female crime rate has increased, and female delinquency patterns now resemble those of males, but the gender gap has not narrowed after more than two decades.

• Critical feminists view female delinquency as a func- tion of patriarchy and the mistreatment and exploita- tion of females in a male-dominated society.

• Hagan’s power-control theory helps us understand why these differences exist and whether change may be coming.

• The treatment girls receive by the juvenile justice sys- tem has also been the subject of debate. Originally, it was thought that police protected girls from the stigma of a delinquency label. Contemporary criminologists charge, however, that girls are discriminated against by agents of the justice system.

masculinity hypothesis, p. 136 gender-schema theory, p. 139 chivalry hypothesis, p. 141

precocious sexuality, p. 142 liberal feminism, p. 148 critical feminists, p. 148

power-control theory, p. 150 egalitarian families, p. 150

KEY TERMS

1. Are girls delinquent for different reasons than boys? Do girls have a unique set of problems?

2. As sex roles become more homogenous, do you believe female delinquency will become identical to male delinquency in rate and type?

3. Does the sexual double standard still exist?

4. Are lower-class girls more strictly supervised than upper- and middle-class girls? Is control stratified across class lines?

5. Are girls the victims of unfairness at the hands of the justice system, or do they benefit from “chivalry?”

QUESTIONS FOR DISCUSSION

As the principal of a northeastern junior high school, you get a call from a parent who is disturbed because he has heard a rumor that the student literary digest plans to publish a story with a sexual theme. The work is written by a junior high school girl who became pregnant during the year and underwent an abortion. You ask for and receive a copy of the narrative.

The girl’s story is actually a cautionary tale of young love that results in an unwanted pregnancy. The author details the abusive home life that led her to engage in an

intimate relationship with another student, her pregnancy, her conflict with her parents, her decision to abort, and the emotional turmoil that the incident created. She tells stu- dents to use contraception if they are sexually active and recommends appropriate types of birth control. There is nothing provocative or sexually explicit in the work.

Some teachers argue that girls should not be allowed to read this material because it has sexual content from which they must be protected, and that in a sense it advo- cates defiance of parents. Also, some parents may object to

APPLYING WHAT YOU HAVE LEARNED

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154 C H A P T E R 6

a story about precocious sexuality because they fear it may encourage their children to “experiment.” Such behavior is linked to delinquency and drug abuse. Those who advo- cate publication believe that girls have a right to read about such important issues and decide on their own course of action.

• Should you force the story’s deletion because its theme is essentially sexual and controversial?

• Should you allow publication because it deals with the subject matter in a mature fashion?

• Do you think reading and learning about sexual matters encourages or discourages experimentation in sexuality?

• Should young girls be protected from such material? Would it cause them damage?

• Inequalities still exist in the way boys and girls are socialized by their parents and treated by social insti- tutions. Do these gender differences also manifest themselves in the delinquency rate? What effect do gender roles have on behavior choices?

To help you answers these questions and to find out more information on the gender of status offenders, click on Web Links under the Chapter Resources at http://cj.wadsworth .com/siegel_jdcore2e. Then go to the Web site for Hazel- wood School District et al. v. Kuhlmeier et al. and other landmark cases; go also to the National Scholastic Press

Association and the high school journalism Web site to read more about school news and censorship issues.

Pro/Con discussions and Viewpoint Essays on some of the topics in this chapter may be found at the Opposing Viewpoints Resource Center: www.gale.com/OpposingViewpoints.

DOING RESEARCH ON THE WEB

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