Girls at Risk: Keeping Female Youth Out of Custody

Katharine Lewall 49464076 University of British Columbia Okanagan Dr. Daniel Salhani July 28, 2011 Version 1

OWhile overall youth crimes have not been on the rise in the last decade. However, , the increased political and media attention has created the appearance of a large and destructive population of youth (Carrington, 2006, Department of Justice, 2009). While this media attention may be misinforming the general public about the stateistics of youth crime in Canada, it has brought to light the increased involvement in the youth justice system by females. This does not mean to say that female youth did not actively participating in criminal behaviour in the past, but that both their crimes and the role they are playing in criminal behaviour have become more significant. TWhile the specific path to criminal behaviour varies from individual to individual. , Mmany theories have been employedused in an attempt to understand adolescent behaviour and to recognize and intervene in conditionsfactors that lead to delinquency. Historically, theories of female delinquency have tended to be based on pathological or individual factors, whereas male crime has often been explained by societal and cultural factors (Sims, 2006). In the last two decades, greatly increased attention has been paid to the role of contextual factors in the development of female delinquency (Chamberlain & Moore, 2002). Some theories continue to suggest that behaviour is physiologically determined, some identify behaviours as learned responses to social contingencies, while others suggest that these behaviours are simply responses to meet the basic requirements of Maslows Hierarchy of Needs, suggesting that the less need-satisfying the environment is, the less it will encourage healthy behaviour (Lollar, 1971; Sims, 2006). TFor the focus of this paper is, I intended to identify several commonly accepted theoretical approaches to understanding delinquent behaviour in youth generally, and then to present the varying risk factors which are thought to influence delinquent behaviour among female youth. The role of a paternalistic society and youth justice system in the lives of female delinquents will be discussed. The argument of this paper is that Explanations of youth criminality: An evaluation Psychological explanations such as personality traits theory have been used to explain delinquent behaviour in youth, with strong connections to psychoanalytic theory, suggesting that personality traits are formed as early as childhood, developing as children go through psycho-sexual stages of growth. In his development of ego psychology, Freud suggested that
Comment [UU1]: What is your argument? What are you trying to show? This should be made clear at this point.

the impact of biological, psychological and social factors guided development within the first 15 years of life. Erikson expanded on this perspective, suggesting that development continued to occur between birth and death within the context of social institutions and relationships that encourage or obstruct ego development (Berzoff, 2008). Delinquency has been attributed to emotional instability in youth or a desire to engage in risk-taking or stimulating behaviour (Sims, 2006). These theories identify the individuals as the causative factor, with some theorists suggesting that delinquent behaviours occur due to hostility, self-centeredness spitefulness, jealousy and indifference to others (p 81, 2006). The life-course perspective also relies upon psychological aspects of an individual to explain behavioural development. This perspective examines human development and views behaviours as a result of patterns in developmental stages, suggesting that experiences that occur during transitions in an individuals life may determine future behaviours (Belknap & Holsinger, 2006). Current approaches to delinquent behaviour in North America are heavily influenced by Beccarias deterrence theory, which was later used by Cornish and Clark to describe rational choice theory. These theories rely on the notion of free will or the ability for each individual to make their own choices irrespective of whether these choices conform to societal expectation of appropriate and inappropriate behaviour. These theories contend that provided punishment is swift and appropriateresponsive to the nature of the wrongdoing, a rational individual would recognize the negative consequence of their behaviour and choose not to repeat it (Sims, 2006). Deterrence theories may be seen in the often swift response of law enforcement to difficult youth behaviour. In a similar waytone, Braithwaite suggested that some form of shaming, which is any social process that expresses displeasure for a given act, and invokes regret, may work to reduce delinquency (2006). This theory, while appearing to support stigmatization as a process to reintegrate the individual back into the community and reinforce their membership, which is unlike stigmatization or disintegrative shaming which isolates an individual (Hay, 1998). Overtones of racism and sexism existed in the original biological theory of criminality, which held to the belief that individuals who were, or had the potential to become
Comment [UU3]: And this has to do with youth criminality how? Comment [UU2]: So? This is not very informative at all. What does this mean in terms of youth criminality? Offer some expanded connection here.

criminals, could be identified through physical characteristicsfeatures. Modern theorists no longer subscribe to these beliefs but, instead, address actual physiological linkages between individuals and criminal behaviour, whether these are natural biological factors or the result of external forces. Siegel and Senna (1988) suggested that certain traits were not linked to socialization and were instead, inherently biological, noting that anti-social behaviour in young people may be attributed to certain bodily functions controlled by hormones, allergies, diet, or blood chemistry (Sims, 2006). Bohm similarly identified a link between inherent biological factors, arguing that adolescents who acted in socially inappropriate ways had impaired functioning of the limbic system resulting in inappropriate processing and moderating of affect and behaviours. Other theorists have discussed the role of the higher limbic systems in anxiety when experiencing potential threats. Should there be limited functioning, they suggest that the hypothalamus controls the response with a reaction much more like panic than anxiety (Tucker, Derryberry & Luu , 2000). This loss of control may be responsible for aggressive behaviours or impaired judgement (Sims, 2006; Tucker et al., 2000). The impaired functioning of an adolescents brain was also suggested as a link to delinquent behaviour. Fishbein argued that brain damage in utero, specifically to the frontal lobe, could lead to future delinquency (Sims, 2006). Sociological theories attempt to identify the link between external factors and an individuals behaviour on both the macro and micro levels. In the late 1800s, Durkheim studied the impact of societal influence such as poverty or religiosity and rates of suicide, noting a correlation between the two. , He used the term anomie to describe a society in which individuals lose sight of their moral compass under these external pressures. Durkheims work suggested that delinquency may be viewed not only by looking at individual factors, but by identifying social and environment factors as well (Moon, Blurton & McCluskey,2008; Sims, 2006). Robert Merton built on this theory, describing concepts that would lead to Agnews general strain theory in 1992. In 2001, Agnew further elaborated on the role strains play in youth delinquency, arguing that, when strains appear to be not only high in magnitude, but also unjust and associated with low social control, it was more likely to result in delinquent behaviour in youth (Moon et al., 2008). He suggests that youth with limited opportunities might
Formatted: Font: 12 pt, Font color: Red Comment [UU5]: Mertons concepts are not worth mentioning then drop it. Formatted: Font: Calibri, 12 pt, English (Canada) Comment [UU4]: You rely on Sims much too heavily. Try to find other support for your arguments.

choose to use illegitimate methods to create opportunities instead and that delinquent behaviour may be a response by those in the middle class to close the gap between themselves and the upper class. The suggestion that social elements influence adolescent behaviour also influences social disorganization theory which argues that in communities with less cohesion in social institutions such as schools or families, young people receive little care and attention which may result in delinquent behaviour. Differential association theory, which later developed into what is now known as social learning theory, proposed that, much like any other behaviour, youth learn to engage in criminal behaviour through observing other peoples actions. Burgess and Akres outlined differential association-reinforcement theory, identifying the roles that both positive and negative reinforcement play in the learning of inappropriate behaviours (Sims, 2006; Burgess & Akers, 1966). When youth engage in delinquent behaviour without being caught or receiving consequences, their behaviour is positively reinforced. When that same behaviour occurs and is recognized by adults or authoritative figures but no corrective action occurs, the behaviour is negatively reinforced. This theory proposes that these mechanisms serve as both methods of introduction to delinquent behaviour and as maintenance for that behaviour. Other sociologicallyally based theories exist which seek to explain juvenile delinquency. Structural theories are considered to be consensus theories, suggesting that society is based on individuals who have a common agreement on which behaviours are consider appropriate (Sims, 2006). Conflict theorists argue that it is, instead, the dominant group in a society which defines what is right and wrong, and that the criminal justice system is simply a tool which this dominant group may use to control others in society and to protect their own position (2006). Social constructionists suggest that delinquency is only considered problematic because society has deemed that these behaviours are unacceptable (Tanner, 2010). These theories are not concerned so much with what the specific behaviours are but rather with how these behaviours have come to be labelled as problematic. Theorists also may question how young offenders are portrayed by the media and if current laws and legal processes uphold our democratic ideals (Buren, 1975). Very few of these theories have recognized the role that gender plays in the etiology of
Comment [UU12]: How does labeling happen? Formatted: Font: 12 pt, Font color: Red Comment [UU13]: Dont know why this comment is here. Explain because it seems tacked on. Formatted: Font color: Red Formatted: Font: 12 pt, Font color: Red Comment [UU11]: And so.? Comment [UU9]: Not a sentence. Formatted: Font: 12 pt, Font color: Red Comment [UU10]: Not really. There are numerous forms of structural theory which are not consensus based, e.g. Marx. Comment [UU8]: What roles? How does this happen? Why do some relate to these roles and others not? Comment [UU7]: In all of these instances of theory you cite, it is not clear what the specific mechanisms at work that produce delinquency: e.g. little care leads to attachments issues which creates X and then Y. Clarify the causal or correlational chain that the theory argues. The review of the theories is way to general and unhelpful. Comment [UU6]: What are social elements? Formatted: Font: 12 pt, Font color: Red Formatted: Font: 12 pt, Font color: Red

delinquent behaviour (Belknap & Holsinger, 2006). Feminist theories argue that not only must the disparities between male and female experiences within society be examined, but that patriarchy must be recognized as influential on female youth and their behaviour. While these theories do little to explain female criminality, female criminology has evolved since the 1970s and had great contributions to the understanding of females as victims and offenders in the criminal justice system (Burgess-Proctor, 2006). Perhaps the most influential development in feminist criminology occurred during what is considered the third wave of the feminist movement with the development of multiracial feminism, pioneered by women of minorities who saw the need for feminist theories to address gender in the context of power and differences between genders and race. This approach recognizes not only separate issues, needs, and impacts that gender plays, but the role of race, class, or other sources of inequality that may impact each individual differently. This multiracial feminism has highlighted the importance of intersectional theoretical frameworks to understand the complexities of the relationship between crime and inequality (Burgess-Proctor, 2006). These differences result in substantial differences in both the creation and seriousness of delinquent behaviour in males and females, and may be a response to socialized gender roles which leave girls vulnerable to abuse and domination. (Galbavy, 2003; Belknap & Holsinger, 2006). Feminist theory also proposes that the difference between males and females should not be viewed as a weakness, but instead as a source of strength (Bloom & Covington, 1998).
Comment [UU15]: Again, too general to be useful to the reader. What have they said about how this happens exactly. We need specifics not generalities. Comment [UU16]: This is most promising in terms of framing the argument in the paper. Explain this in detail and forget the rest. Comment [UU17]: What differences are you referring to? Formatted: Font: 12 pt, Font color: Red Comment [UU18]: Explain this. Too general. Superficial Comment [UU19]: There is no need offer this kind of superficial historical description of the theories. Just find the theory that you are going to use to frame your argument, explain in detail why it is important in relation to other ways of understanding (other theories) and explain how you will use it to frame the argument/paper. Comment [UU20]: Is it ok to say girls? Is this a term used in the literature? Do you have examples? Comment [UU14]: Yes explain why.

What risk factors do young womengirls face? Only recently has the potential differential and interactive effects of gender been examined as an influence on behaviour (Hennessey, Ford, Mahoney, Ko & Siegfried, 2004). Limited and traditionally gender biased views of female juvenile delinquents have skewed ideas regarding their pathways to delinquency. The factors that influence youth juvenile behaviour appear, much like the theories used to describe the behaviour, have multiple levels. Biological, psychological or developmental factors may impact the individual just as social influences, whether they be familial or societal, may guide their behaviours. Girls in conflict with the law generally come from more problematic homes, and self

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report more negative experiences within their family than males. Some research suggests that females may also be more susceptible to the disorganizing influence of family conflict (Wood, Foy, Goguen, Pynoos & James, 2002). Children of mothers who have a history of anti-social behaviour or chronic and recurring problems are at greater risk for delinquency and anti-social behaviour themselves, with girls in custody being twice as likely to have a mother arrested, incarcerated or with multiple incarcerations than males (Elizabeth Fry Society of Greater Vancouver, 2008). There are two mechanisms by which mothers can transfer these problems; bad parenting can result in youth not understanding social boundaries and appropriateness, and women with chronic behaviour problems are more likely to be involved in unhealthy relationships with partners who have a history of psychiatric, personality or substance abuse problems. Many of these women also have lower incomes and receive government support, further stigmatizing families which may be experiencing many problems (Chamberlain & Moore, 2002). Problematic relationships in the home may lead girls to rely more heavily on friendships for guidance and support. If the friends selected are involved in criminal behaviour, a girl is more likely to participate in similar acts. A need for respect or identity, unfulfilled needs or desires for excitement, and a sense of belonging or security may be factors in selections of friends, and in which the group behaviour that youth participates in. These factors have been suggested as driving forces in youth joining gangs, social groups which, while often dangerous, provide a solution for some of the problems youth face (Tanner, 2010). This involvement appears to be becoming more problematic and dangerous. While girls traditionally have tertiary roles within negative peer groups or gangs, they are quickly becoming involved at higher levels. With greater involvement comes more risk as violence towards girls is no longer culturally forbidden. The more active roles girls take, such as drug dealing, the more risks they face (Abbotsford Youth Commission, 2010). Galbavy notes that girls are more likely to side with their friends and blame their families for their involvement in criminal acts, though will more often blame themselves before their family or friends for involvement in substance abuse and criminal behaviour (2003). Though youth themselves may not identify their peers as a negative influence on their behaviour, social learning theories suggest that delinquent behaviours are

Comment [UU21]: What are these experiences?

learned by watching deviant role models and being socially rewarded for that behaviour by acceptance into the social group (Bender, 2010). Research has found that exposure to traumatic events may be linked to delinquent behaviours (Cauffman, Feldman, Waterman & Steiner, 1998). Many youth within the juvenile justice system have experienced numerous traumatic events in their lifetime, either as victims or as witnesses. The experience of abuse and neglect may be much different for males than females with research showing that while these are important issues in understanding delinquency in all youth, these issues are not only more common in girls, but start at an earlier age and are longer lasting (Miller, 2006). Physical punishment and sexual abuse is commonly reported among youth of both sexes, however the prevalence of victimization reported by female juvenile offenders far exceeds that of male offenders or non-offending females (Bender, 2010; Miller, 2006; Kakar, 2006; Krischer & Sevecke, 2008). In fact, females are more likely than males to report that victimization was a key factor leading to their offending (Bender, 2010), with gender playing a clear precipitator in these statistics. Paternalism in society continues to relegate young girls to vulnerable positions with little power. With girls being vulnerable and over sexualized, it is not surprising that young girls are three times more likely to have experienced sexual abuse than their male counterparts (Means, 2002; Chesney-Lind, 1997). Abuse or neglect at a very young age can have repercussions later on if not dealt with appropriately. Unresolved trauma may later manifest itself in the form of emotional or behavioural responses, which is evident when observing the number of girls who experienced abuse and later committed offenses. Bowers suggests that the increase in female delinquency is perhaps a result of the females greater susceptibility to the traumatic events that occur in the increasingly violent modern urban environment (Cauffman et al., 1998). In this context, it may be helpful for professionals to view female offending as a symptom rather than the problem itself. Others propose that abused children are likely to experience emotional dysregulation and survival coping, developing the belief and understanding that distrust and deviance are necessary behaviours in order to protect oneself and cope with negative emotions. (Bender, 2010) Girls in conflict with the law who report traumatic histories were more likely to have Post
Comment [UU22]: This notion is very important and demands a more comprehensive treatment in the paper. Formatted: Font: 12 pt, Font color: Red

Traumatic Stress Disorder (PTSD) (Arroyo, 2001; Wood et al. 2002). These youth may become anxious or avoid stimuli that is reminiscent of their trauma, have dampened affect or decreased attachment to others, or to lose interest in previous activities (American Psychiatric Association, 2000). The vulnerability and lack of connection to others may lead to aggressive , angry, or otherwise anti-social behaviour. In a sample taken among female youth facilities in California, 70 percent of female juvenile offenders had been exposed to some form of trauma, 65 percent had experienced symptoms of PTSD at some point in their lifetime, and 49 percent were experiencing symptoms of PTSD at the time the sample was taken (Cauffman et al., 1998). In females, the response to these experiences of neglect and maltreatment is often one of internalized aggression, leading to depression or self blame or risky behaviours (Bender, 2010). While substance abuse and mental illness often occur simultaneously as a result of specific incidences, they are often treated by professionals as separate issues (Morrow, 1999; Poole, 2000). This approach may cause further negative experiences for girls, as treatment without the context of how issues originated can result in misdiagnoses, which in turn can lead to incorrect prescriptions of medication, or discomfort and possible retraumatization of the event through contact with uninformed professionals, whether it be law enforcement, social workers or medical professionals. It is not surprising then that many maltreated youth, without access to appropriate treatment, find their way into the juvenile justice system (Bender, 2010). Studies have begun to address the link between mental health symptoms and predictable involvement in delinquent behaviour. In an epidemiological study of arrested and detained youth in the United States, it was found that almost three fourths of girls met criteria for at least one psychiatric disorder (????? 2010). Girls also face different risks than boys in the area of substance abuse, as their use of alcohol can much more quickly spiral into addiction (National Centre on Addiction and Substance Use, 2003). Being more likely to give up their sense of self for others, the use of drugs or alcohol may become a way to connect with others and to maintain those relationships. In comparison to boys, who tend to become more concerned with external achievements, girls are more concerned about establishing and maintaining relationships (Hadley, 2008). When needs of girls are not met by family, friends, school, or other traditional sources of

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guidance, girls often turn to older men to provide for them. Society and media often over sexualize females, putting meaning and value only in the sexual identity of girls. When experiencing confusing sexual or social relationships without guidance, they may turn to this identity in order to get their needs met (Schaffner, 2006). Older men have access to cars, money or experiences that girls who are in trouble may need in order to survive. Though youth may feel more mature than other girls their age with older boyfriends, they often appear to be aware of risks or societal taboo of dating older men, as they will often lie about the age of their boyfriend. These relationships may require involvement in negative behaviour in order to ensure they are meeting the expectations of their partners. While youth involved in these relationships may consider themselves tough girls, they often identify as having a strong sense of personal worthlessness which they hope to change through the approval of older men. The risk of victimization by older men may be a greaterbigger risk for girls who reach pubertal maturation early. The appearance of being older due to physical development may lead girls to situations where substance abuse or deviant behaviour is encouraged by older individuals around them (Schaffner, 2006; Bloom & Covington, 2003; Welch, Lewis & Parker, 2009) . Girls who commit delinquent acts are more likely to be raised in families which have a history of substance use disorders, psychopathology, mental illness and chaos, all of which are contributing factors to substance use (Welch, Lewis & Parker, 2009). Psychopathy is defined by affective deficits such as an inability to control anger, interpersonal deceptiveness and impulsive or antisocial tendencies (Krischer & Sevecke, 2008). Research has begun to address the link between negative relationships in the home and the development of psychopathic behaviours such as lying, decreased empathy or superficial charm (Bender, 2010).These behaviours can lead to rejection by peers or family members. Youth who experience maltreatment are more likely to report substance abuse, dependence and social problems due to substance use over time than non-maltreated youth. Those who are sexually abused and receive no treatment after assaults are particularly at increased risk for both alcohol and drug problems, as the use of substance often enables them to deal with their victimization (Bender, 2010). Unlike males, who more commonly report using substances for pleasure or due to the encouragement of peers, female tend to start using substances based on relationships, or to

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self medicate (Sims, 2006). Substance use and mental illness often co-occur in women who have experienced emotional or physical trauma. Girls report not only increased occurrences of physical and sexual assault, but higher rates of attempted suicide (Welch et al, 2009; Bloom & Covington, 1998). These risks may all be further heightened by social factors such as racism, poverty and sexism, which have all been associated with both substance use and juvenile delinquency (Bloom & Covington, 2001). Gelsthorpe (2010) argues that structural positions and lifestyles of females in society results in young girls being vulnerable to many of the direct and indirect pathways to crime, including high levels of childhood victimization, domestic violence, and the feminization of poverty. These factors, along with a society that stereotypes and sexualizes gender, may project mixed cues about the worth of women and minorities. This theory is supported by the overrepresentation of girls from minorities in custody. Aboriginal girls are overrepresented in custody centres almost ten times more than non-Aboriginal youth, with many of them being under some kind of care agreement with the Ministry of Child and Family Development (Elizabeth Fry Society of Greater Vancouver, 2008). Adolescents who have been rejected by their peers, whether it be due to race, sexual orientation, socioeconomic status or other aspects of the individual, tend to display aggression, frequent contact with police and bullying of their peers. These externalized, anti-social behaviours are characteristic of juvenile delinquent behaviour (Sanger, Maag & Spilker, 2006). Conversely, those who are not so much disliked as they are ignored are more likely to display internalizing behaviours, and experience depression, anxiety or social withdrawal. Girls who experience anger as a result of negative forces from family, friends or the larger society are more likely to threaten their own well being than others (Holsinger, 2006; Sims, 2006). In a system which often focuses on the negative impact of the youths behaviour on the victim, the risk a girl poses to herself may be overlooked.

What do girls crimes look like? Just as the risk factors for delinquent behaviour are different for girls and boys, the offences are also different and often appear as gender biases within the courts and law

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enforcement (Kakar, 2006). In the juvenile justice system, female youth tend to get into trouble more quietly than males, and are less likely to be known to police. Some research suggests that girls may be more involved in delinquent behaviour than it appears in current statistics, given that they may be more hesitant to admit to wrong-doing during interviews, regardless of the intensity of their crime (Tanner, 2010). In past and current youth justice policy and practice, girls are most likely to be charged with status offenses such as alcohol consumption or unruly behaviour, all of which are not considered offences for people who are of age. While it is becoming more common for girls to be charged with male crimes including violence or serious robberies, criminal offences committed by girls have traditionally involved prostitution or shoplifting (Cauffman 2008; Miser, 1996; Schaffner,2006; Tanner, 2010). When the Young Offenders Act was created in 1985, the ability to charge girls with status offences was technically abolished. While the Juvenile Delinquent Act had left a very broad range of conduct for which a youth could be prosecuted, the Young Offenders Act (YOA) limited and clarified this, applying only to offences created by federal statutes (Government of Canada, 2002). This, however, did not solve the problem of young girls being charged with minor offences. While the YOA encouraged the use of diversion into alternative measure, there was instead a rise in charges for minor thefts, or lack of obedience to youth justice administrative decisions, such as leaving a residence without adult permission or breaching probation (Tanner, 2010). The YOA was found to be too strict, with a zero tolerance rule which resulted in increased numbers of youth being sent through the court system. Concerns existed around the lack of youth justice philosophy, and little attention given to the best interest of the youth in question (Department of Justice Canada, 2011). Girls taken through the court system for minor offences or as protection measure were released back into their community with little planning for reintegration and services. The Young Offenders Act was repealed in 2002, and replace with the Youth Criminal Justice Act (YCJA), which was intended to create a balance between keeping the public safe by punishing those who were a risk to the community and ensuring that youth were not criminalized, stigmatized, or labelled for minor crimes. By providing a more fair and effective youth justice system, the YCJA hoped to focus on rehabilitation and reintegration of youth,

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highlighting the responsibility of society in guiding youth and addressing challenges that you face, while still ensuring that youth are accountable for their actions. While approaching the issue of criminality with awareness of challenges and the lack of maturity that youth have in comparison to adults has created some leniency (Department of Justice Canada, 2011), the statistic continue to show girls being charged, and often remanded into custody, for offences which may not received the same response for males (Tanner, 2010). During adolescent years, there is a certain amount of rebellion which may be expected. There appears to be less differentiation between normal teenage rebellion and status offences for girls than for their male counterparts. A young girl spending an evening out drinking may be considered more at risk or more problematic than a male youth participating in the same activities. Due to the protective nature around female youth at risk, girls tend to be referred to the legal system not only by law enforcement, but by counsellor or educators, and often as a precautionary measure. Adolescent girls are often considered difficult to work with as they may be emotionally demanding, and professionals may hope to relieve themselves of the difficult task of working with the client by diverting them to the custody system (Tanner, 2010). Because of this bias , the juvenile justice system routinely criminalizes girls before their behaviour warrants it and, while they may benefit more for help with substance use and trauma, addressing emotional or societal difficulties in their lives and recognizing the influence they have on delinquent behaviour may have a major affect upon their treatment. (Simkins & Katz, 2002). Historically, females have represented a smaller percentage of youth involved in delinquent acts, and as a result, development and implementation of intervention or education based programs for youth in conflict with the law often overlook females. Programs are developed for males, and simply applied to females (Tanner, 2010). When girls arent being overlooked by the justice system, they are often mythologized and stereotyped, defined by their sexuality and traditional gender roles (Gelsthorpe & Sharpe, 2009; Burton, Cullen, Evans, Alarid & Dunaway, 1998). In the past, the attempts by community services, law enforcement and the courts have been to control girls morality, with the assumption that restricting their behaviour would return them to their normal gender behaviour. Behaviours considered to be
Comment [UU23]: Are there no critical evaluations of these measures?

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appropriate responses to experiences in male are often considered abnormal in girls (ChesneyLind, 1997; Kakar ,2006). Given the additional societal pressures faced by females, imposing male expectations on females cannot be expected to have successful long-term outcomes. Biases within the justice system dates far back in Canadian history. The Juvenile Delinquents Act was created in 1908, changing court systems which treated children as little adults to courts which recognized youth differently. Though this benefited many youth involved criminal behaviours, the discretion given to judges resulted in varying treatment of youth (Department of Justice Canada, 2009). In a time when paternalistic approaches were expected to be the norm, females faced judges who not only identified their behaviour as problematic, but considered their gender identity and morality to be abnormal. This bias in the justice system has resulted in a tough approach to delinquency in girls. While likely to be treated similarly to boys in the early stages of legal proceedings, girls are often treated more harshly than boys at later stages (Cauffman, 2008). The desire to remove girls from risky environments may lead the justice system to favour custody or supervised bail support. These programs, which often take an authoritative approach in order to subdue and control behaviour, may backfire as the environment can trigger increases in the targeted behaviour in youth who have experienced trauma or have developed PTSD as a result of past experiences. Rarely is any standardized method of assessing past maltreatment used once youth enter the justice system (Bender, 2010). Unfortunately the juvenile justice system is not alone in its lack of recognition of girls in appropriate service provision. There is evidence that community services also fail to meet the needs of girls (Chamberlain & Moore, 2002). Girls tend to be referred to or make use of mental health, social services or educational services less often than their male counterparts (References?). The traditional belief that girls are gentle and simply present wayward behaviour has resulted in services that do not necessarily respond to the fact that social life of girls today is much more violent and cruel than previously suggested (????? 2002). In some cases, law enforcement will avoid court proceedings and direct youth to services. With paternal attitudes towards girls, those who commit minor infractions or are in conflict with law enforcement for the first time may often escape without consequences if they exhibit
Comment [UU26]: Heavy reliance on this source. Are there no other sources you can use? Comment [UU25]: What examples? Comment [UU24]: Concrete examples?

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stereotypically feminine behaviours, such as crying or blaming bad boyfriends and friend for their behaviour (Tanner, 2010). Not only does this prevent the girls from receiving attention that could potentially redirection their behaviour, but it reinforces the stereotypes that they have already learned about their gender.

What is wrong with custody? A great limitation of current services for youth in conflict with the law is that far too often, the only solution to problems of youth crime are legal ones. Youth custody is not, and should not ever be, the solution to difficult clients or a lack of resources within the community. In a society which incarcerates young girls to keep them safe, there is an inherent risk for the prison system to become the response to a lack of community services (Bloom & Covington, 2001; Kakar, 2006). The Elizabeth Fry Society of Greater Vancouver, a not for profit agency that has worked for over 50 years in the youth correctional system and focuses on gender-specific needs has taken a lead role in understanding the experience of female delinquents both in custody and in the community. In a report released by the society in 2007 after the completion of questionnaires and surveys with incarcerated youth in the three youth detention centres in British Columbia, inherent risks in the detention environment were found. Much like previous research had suggested, in general girls reported that the reason for their placement in custody involved administrative breaches, minor offenses or safety measures. Many felt that, while their placement in custody was not warranted, they had better access to services in detention centres than in their own community. The majority of girls were under some kind of care agreement with the Ministry of Child and Family Development, and reported that their social worker had supported custody time as a precautionary measure. While custody time may be considered safe keeping, there are inherent risks in sending girls into detention centres. Many stated that while they were in the custody centre, they were recruited by boys to become involved in prostitution and drug running upon release, returning them to the same risky environments and peers groups as they had been involved in at the time their crimes were committed. The prison environment itself can be problematic for youth. Girls in custody reported

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concerns with the environment which they were in. Sterile environments with little natural light and unfamiliar sounds , as well as social seclusion and staff insensitivity often prevent youth from feeling physically or psychologically safe, instead enhancing feelings of shame or hopelessness that may surround the experience of being sent to custody. Time in detention may cause youth to shy away further from authoritative figures, as the systems within the justice system may be far less lenient, supportive or tolerant (Cottle, 1979). Jail time may do little to rehabilitate youth who are detained, instead stereotyping and stigmatizing youth, hurting them not only psychologically but limiting their already scarce opportunities upon return to their home communities (1979). Though services may be more accessible to youth within the correctional setting, they are often limited in scope rarely meeting all the needs of the youth. Professionals within the criminal justice system often lack the training and resources required to understand and address the strong influence of trauma and do not always have the training and skills required to provide appropriate services for the mental health needs of young girls. Professionals within correction institutions and community services must recognize that this lack of resources push girls deeper into patterns of offending (Cauffmen et al., 1998). At this time, far too little research exists around the specific effects of custody on female youth and the need for appropriate community based services. Very little has discussed Canadian youth, with limited statistics available regarding rates of diagnosed mental illness, addiction or past abuse in delinquent girls. It is becoming apparent that gender appropriate interventions and prevention programs are needed. While female offenders are accountable for their behaviours, it is imperative that interventions take into account the political, social, economic and cultural contexts unique to females (Correctional Service of Canada, 2007). If programs intend to change in order to meet the needs of at risk female youth, research needs to address the various strains on youth, including how gender impacts girls experience in society, and how it intersects with other variables such as race or sexual identity (Belknap &Holsinger, 2006). Programs can no longer continue stereotypical views of gender, given the changes that have occurred in gender roles over time, and the new perspectives on what a young girl should be.
Comment [UU27]: Why is this not happening now in Canada (e.g. political ideology?)? What reasons are available to explain this?

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Consciousness of the influence of gender is important not only for theoretical understanding, but for the development and implementation of intervention and preventative responses to delinquency. As limited funding means that creation of new organizations within communities is unrealistic, it becomes the role of existing agencies to ensure that they provide gender-appropriate services which support and engage female youth in conflict with the law. Mainstream theories would benefit from incorporating some ideas from feminist ideology, including the focus on female development and mutual, caring and empowering relationships (Bloom & Covington, 1998). Programs need to address not only the specific pathways to delinquency for females, but the differences in development and experiences within society.

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Comment [UU28]: What does this mean the? Needs to be expanded and clarified as this is very important.

How can we make community interventions more suitable? What does gender-specific programming look like? Gender-specific programming involves models and services which comprehensively address the needs of the specifically targeted group. In this case, these programs would meet the unique needs of females, value the female perspectives and honour their experiences. Current criminal justice programs, created originally for males, do not take into account the risk factors specific to female youth. Instead, the often engendered experience within the juvenile justice system may further engrain many of the beliefs and actions that result in a custodial time. Gender-specific programming is not, and should not be, simply female only programs that were original designed for males. Females sense of self often develops differently in female specific groups as opposed to co-ed groups with supportive female-focused groups often being the most effective environments (Bloom & Covington, 2001). Programs would take into account female development in a way that empowers young girls to reach their full potential, changing attitudes and established norm that limit girls (Bloom & Covington, 1998). These programs must address the multifaceted ways in which gender and sex mediate both collective and individual experiences in women (Ad Hoc Working Group for Women, 2008). Some authors argue that program and policy changes should begin with addressing societies sexualisation of girls and the language currently used. Use of the term female as opposed to girl puts the focus on the physical aspects of the individual, making it about their
Comment [UU29]: Examples? What can this look like concretely and how will it happen in the current context of neoliberal ideology and social conservatism? Formatted: Font: 12 pt, Font color: Red

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sex and not about the individual, which is often done in the current literature. By embracing the term girl, focus changes to the experiences on both and individual and group level of the gender within todays complex society. Other suggestions include the use of the term juvenile. By definition, juvenile is arbitrary, neither defining the youth as a child, adolescent or young adult and drawing a fine line between empowering and infantilizing the individual (Schaffner, 2006). Organizations need to be trained around these issues for services to be successful and appropriate. From front line staff through to management, there needs to be an understanding of gender-specific philosophy, and a comprehensive view of adolescent female development and the inherent issues that face girls. As young girls are often at risk of exploitation and victimization, organizations should be aware of issues, and be able to recognize risk factors with their clients (Elizabeth Fry Society of Greater Vancouver, 2007). Understanding the vulnerability of female youth in todays society is key to implementing policy and programming that may prevent dangerous or delinquent behaviour, as opposed to simply dealing with the consequences. As noted above,While boys tend to develop their identity in relation to the world around them, while girls develop their identity in relation to others (Bloom & Covington, 1998). Programming should focus on connections with others as a central feature in girls development (Hennesey et al., 2004; Bloom & Covington, 1998; Tanner 2010). The relational nature of female behavioural development suggests that juvenile justice programs must help address conflictual and often complex social relationships, perhaps most important the relationships within families. Research has shown criminality to be embedded in families, with parental histories of crime and anti-social behaviour predicts youth criminality (Tanner, 2010). This highlights the need to include the risk of the family dynamics and engaging in family-based interventions in treatment plans. While family reunification is a common goal in many social services, it is not always address in the context of delinquent behaviour. In a review of youth programs in the United States, Greenwood argued that the most successful programs contained a component which involved some form of family therapy (Miller, Potter, Kappeler, 2006). The importance of
Comment [UU35]: Generalities. What does this mean? We need specifics. Formatted: Font color: Red Comment [UU36]: This totally neglects the predetermined context in which families find themselves. What social/economic/political factors are involved in disorganizing family life? On the other hand what psychodynamic features of the individuals might contribute to this dysfunction? Comment [UU34]: What about attachment theory here? Formatted: Font: 12 pt, Font color: Red Comment [UU33]: Explain what this looks like and what needs to take place concretely. Formatted: Font: 12 pt, Font color: Red Comment [UU32]: Not specific. You refer to generalities not specifics. Comment [UU31]: Why and explain what the substantive issues are. Formatted: Font: 12 pt, Font color: Red Comment [UU30]: This clarification should have been noted much earlier perhaps in a footnote. Formatted: Font color: Red

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family involvement is logical, as remaining in a dysfunctional environment and having little reinforcement of behaviour changes is an expected barrier to changing anti-social behaviours. Though the negative impact of trauma has been highlighted over and over by both researchers and girls, youth may be best served by addressing other issues such as substance abuse, mental illness, or conflictual relationships first (Bloom & Covington, 1998; Mann, Senn, Girard & Ackbar, 2007). Many of these girls lack coping skills or emotional stability, and are instead clouded by current relational chaos. It may be best for professionals to instead focus on supporting girls as they become stable in their communities and families, getting back on track before they attempt to begin trauma therapy. The strain of returning behaviours to normal, such as reconnecting with family, entering educational programs or receiving treatment for substance use, may already prove difficult and stressful. To expect girls to address trauma on top of this may be setting them up for failure (Bloom & Covington, 1998). By encouraging healthy and supportive relationships, youth may then be prepared to deal with the traumatic experiences they may have had prior to or during their criminal activities, and to constructively explore and resolve their feelings (Hennessey et al., 2004; Elizabeth Fry Society of Greater Vancouver, 2007). Girls involved with the criminal justice system are at greater risk for long-term emotional and behavioural disorder than their male counterparts (Sanger et al., 2006). Continuous emotional upheaval often limits natural development of skills, such as emotional regulation, coping skills and social competence. Social impairment may present in both social skills and pragmatics, creating difficulties in interpreting and responding to social interactions. These deficits may influence delinquency in two distinct ways; youth will have difficulties both creating and maintaining relationships with peers, parents or other professionals, and may mismanage encounters with police, increasing the likelihood of arrest and conviction (2006). It is important to note that these poor social skills are not considered a cause for delinquency, but are a common characteristic among delinquent girls. Adolescent girls would benefit from programs that target these behaviours with the goal of replacing them, and giving youth the opportunity to practice skills through role-playing and feedback in contextually relevant activities (Elizabeth Fry Society of Greater Vancouver, 2007). While addressing

Formatted: Font: 12 pt, Font color: Red Comment [UU37]: Exactly! You cant ignore these problems and of the role of society as one of the causes of family dysfunction.

Comment [UU38]: This is an individual clinical judgment. I dont see how you can generalize this to all situations.

Comment [UU39]: Again this situation may require and indeed demand concurrent treatment or care.

Comment [UU40]: This is an opinion of these researchers. Is there any hard evidence to show that these conclusions are correct? You may want to distance yourself and say some researchers argue that and present other opinions and carefully evaluate the evidence on this. I believe this is highly contentious.

Comment [UU41]: Did you note these factors above in the appropriate section?

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maladaptive behaviours, Bloom and Covington note that youth should not feel that they are at fault, but that they have inherent strengths and competencies and are learning new skills for independence and self reliance (1998). Far too often, available programs focus simply on behaviours, and not on relationships or interactions which may be antecedents for anti-social acts. In order for programs to take a holistic approach, it is important for practitioners to take an active role in modelling behaviours and social skills which are imperative to avoiding conflict and violence in relationships (Bloom & Covington, 2001; Holsinger, 2006). Girls must continually navigate a complex maze of gender and families roles, as well as define appropriate boundaries in relationships (Hennessey et al, 2004). As society will continue to barrage girls with over sexualized understanding of their gender and sexuality, it is important that programs and the practitioners who deliver them promote a positive gender identity among young girls and one that is inclusive, ensuring that programs recognize sexuality outside of the traditional heterocentric norms (Sharpe & Gelsthorpe, 2009, Gelsthorpe, 2010; Hennessey et al, 2004). Instead of understanding themselves to be objects or defined by the stereotypical understanding of females, girls need to understand their sexuality in a positive way, recognizing it as a part of their identity and not their defining feature. The over representation of girls of minority involved with the criminal justice system also highlights the importance of having role models who reflect and incorporate the culture and ethnicity of participants into programming, and the need for cultural resources and strengths within communities to be utilized (Elizabeth Fry Society of Great Vancouver, 2010; Bloom & Covington, 2001). For girls of a minority background, a lack of cultural recognition provides yet another area of identity which is invalidated and may result in youth internalizing a sense of unimportance. Research on gender-specific programming has also begun to look at practical needs as important protective factors in services for girls. Young girls have a tendency not to look to the future, instead focusing on current relationships and chaos in their lives. Each youth will have individual needs, whether it be a need for employment or employment training, transportation or child care (Bloom & Covington, 2001). While girls are young and accessing services, they may be supported in addressing the social problems that negatively impact them. If programs do not
Comment [UU43]: Once again a very important issue which needs more attention from you. This is not dealt with in the paper. Given the overrepresentation of minorities in detention, what specifically needs to be done in terms of programming and social change? Comment [UU42]: But, there are always and usually every case some psychodynamic or psychological issues to root out. To ignore these and focus on so-called strengths only is truly simplistic.

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support girls in developing the necessary skill and support systems they will be allowing girls to continuously re-enter the environment that they were not able to successfully navigate before. In their 2007 study, the Elizabeth Fry Society of Greater Vancouver found that girls in the justice system who felt that they faced multiple social problems were twice as likely to have been incarcerated nine or more times than their male counterparts (2007). Services must not only protect youth, but allow them to develop the skills necessary to protect themselves. These programs need to match appropriate services to each individual based on their needs, as opposed to simply providing a blanket service to all youth. While researchers have begun to focus more attention on the experiences of girls within a paternal justice system, little empirical data exists surrounding intervention programs tailored to specific gender. The desire to allow youth to remain in their communities has only held a strong influence over practice since the development of the Youth Criminal Justice Act, with its strong focus on reintegration and rehabilitation. Practitioners must instead look to the research that does exist and apply these values and theories to community based practices. Repeatedly, the role of relationship with others was raised as both a causal factor in delinquent behaviour among girls and a protective factor in treatment. As previously mentioned, this suggests change must be made both in current practices with this population, and in the theoretical understand and approach to delinquency in youth. Psychodynamic approaches to therapy address the individual in the context that surrounds them. Relational theory in particular seems relevant to this population and the needs expressed by girls themselves, with the perspective that we are all born in orientation to others and seeking continual orientation (Hadley, 2008). This theoretical approach puts not only the experience of each youth into context, but the experience of treatment into a social context, allowing youth to not only build healthy and supportive relationships, but to begin to understand the intricate social relationships which may have previously posed difficulties for them. While it is clear that further research and discussion must had on what gender-specific programming actually looks like and how to successfully implement it in practice, there is enough evidence, much of it given by the youth themselves, that policies and programming need to change in order to address the unique needs of girls. These changes must occur not
Comment [UU46]: These seems out of place here. Does it fit better in another section. Also be careful about the constant repetition of the same point. Make it once, explain why its an important point point to make and move on to the next one. Formatted: Font: 12 pt, Font color: Red Formatted: Font color: Red Formatted: Font: 12 pt, Font color: Red Comment [UU45]: What does this mean? Please clarify. Formatted: Font color: Red Formatted: Font: 12 pt, Font color: Red Comment [UU44]: Name calling doesnt clarify what the problem is.

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only among social workers, but among probation officers, law enforcement and the court systems. Parents and teachers must understand the risks that girls face, and the impact of criminalizing girls too soon. References Abbotsford Youth Commission (2010). Girls, gangs and sexual exploitation in British Columbia. Retrieved from http://www.pssg.gov.be.ca/crimeprevention/publications/docs/gangprevention-girls-sexual-exploitation.pdf Ad Hoc Working Group on Women, Mental Health, mental Illness and Addictions (2008). Women, mental health and mental illness in Canada: An overview. American Psychiatric Association. (2000). Diagnostic and statistical manual of mental disorders (4th ed., text rev.). Washington, DC: Author. Arroyo, W. (2001). PTSD in children and adolescents in the juvenile justice system. Review of Psychiatry, 20(1), 59-86 Belknap, J., Holsinger, K. (2006). The gendered nature of risk factors for delinquency. Feminist Criminology 1(1), 48-71 Bender, K. (2010). Why do some maltreated youth become juvenile offenders? A call for further investigation and adaptation of youth services. Children and Youth Services Review, 32, 466-473 Bloom, B., Covington, S. (1998). Gender-specific programming for female offenders: What is it and why is it important? National Institute of Corrections Information Centre, Washington, DC. Bloom, B., Covington, S. (2001). Effective gender-responsive interventions in juvenile justice: Addressing the lives of delinquent girls. Burgess, R., Akers, R., (1966). A differential association-reinforcement theory of criminal behavior. Social problems 14(2). 128-147

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Burgess-Proctor, A., (2006).Intersections of race, class, gender and crime: Future directions for feminist criminology. Feminist criminology 1(27). 27-47 Buren, R.(1975)Toward a Critical theory of criminal justice. Crime & Delinquency 21(3). 229-232 Burton, V., Cullen, F., Evans, T., Alarid, L., Dunway, R. (1998). Gender, self-control and crime. Journal of Research in Crime and Delinquency 35. 123-147 Cauffman, E. (2008). Understanding the female offender. The Future of Children, 18(2), 119-142 Cauffman, E., Feldman, S.S., Waterman, J., Steiner, H. (1998). Posttraumatic stress disorder among female juvenile offenders. Journal of the American Academy of Child and Adolescent Psychiatry, 37 (11), 1209-1217 Chamberlain, P., Moore, K. (2002). Chaos and trauma in the lives of adolescent females with antisocial behavior and delinquency. Journal of Aggression, Maltreatment and Trauma , 6(1), 79-108 Chesney-Lind, M. (1997). The female offender: Girls, women and crime. U.S.A: Sage Publications Correctional Service Canada (2007) Program strategy for women offenders. Retrieved from http://www.csc-scc.gc.ca/text/prgrm/fsw/wos24/principle_themes_7-eng.shtml Cottle, T. (1979). Children in jail. Crime & Delinquency, 25, 318-334 Department of Justice Canada (2009). The evolution of juvenile justice in Canada. Retrieved from http://www.justice.gc.ca/eng/pi/icg-gci/jj2-jm2/sec02.html Department of Justice Canada (2011). Youth Criminal Justice Act (S.C. 2002, c. 1). Retrieved from http://lois-laws.justice.gc.ca/eng/acts/Y-1.5/index.html Department of Justice Canada (2009). Youth criminal justice act: Summary and background. Retrieved from http://www.justice.gc.ca/eng/pi/yj-jj/ycja-lsjpa/back-hist.html

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Elizabeth Fry Society of Greater Vancouver (2007). Girls in custody in the province of B.C.: Programming, policy, training and development recommendations. Retrieved from http://www.elizabethfry.com/publications/docs/Girls_in_Custody_in_BC.pdf Galbavy, R. (2003). Juvenile delinquency: Peer influences, gender differences and prevention. Journal of Prevention and Intervention in the community, 25(2), 65-78 Gelsthorpe, L. (2010). Women, crime and control. Criminology and Criminal Justice. 375-386 Government of Canada. (2002). The Young Offenders Act. Retrieve from http://dsppsd.pwgsc.gc.ca/Collection-R/LoPBdP/CIR/8613-e.htm#BACKGROUND-t Hadley, M. (2008). Relational theory: Inside out, outside in, in-between, and all around. In J. Berzoff , L. Menalo Flanagan & P. Hertz, (Eds.) Inside Out and Outside In: Psychodynamic Clinical theory and Psychopathology in contemporary Multicultural Contexts. Plymouth: Jason Aronson. Hay, C (1998) Parental sanctions and delinquent behavior: Toward clarification of Braithwaites theory of reintegrating shaming. Theoretical criminology Nov (2). 419-443 Hennessey, M., Ford, J., Mahoney, K., Ko, S.J., Siegried, C. (2004). Trauma among girls in the juvenile justice system. National Child Traumatic Stress Network Juvenile Justice Working Group. Holsinger, K. (2006) Gender-specific intervention for female delinquents. In B. Sims & P. Preston (Eds), Handbook of Juvenile Justice: Theory and Practice (pp 109-127) Kakar, S. (2006) Delinquent girls. In B. Sims & P. Preston (Eds), Handbook of Juvenile Justice: Theory and Practice (pp 93-108) Krischer, M., Sevecke, K. (2008). Early traumatization and psychopathy in female and male juvenile offenders. International Journal of Law and Psychiatry, 31,253-262

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Mann, R., Senn, C., Girard, A., Ackbar, S. (2007) Community-based interventions for at-risk youth in Ontario under Canadas Youth Criminal Justice Act: A case study of a runaway girl. Canadian Journal of criminology and Criminal Justice. 37-74 Means, R (2002). Decreasing the raise in female delinquency through gender specific program and proactive police involvement. Eastern Michigan University. Miller, K., Potter, G., Kappeler, V. (2006). The myth of the juvenile super predator. In B. Sims & P. Preston (Eds), Handbook of Juvenile Justice: Theory and Practice (pp 173-192) Miser, M. (1996). Specializations and clinical judgments of social workers in cases involving acting-out female adolescents. Family Community Health, 19(3), 1-13 Moon, B., Blurton, D.,J McCluskey, J. (2008) General Strain Theory and Delinquency : Focusing on the Influences of Key Strain Characteristics on Delinquency. Crime & Delinquency 54, 582-61 Morrow, M., Chappell, M. (1999). Hearing womens voices: Mental health care for women. British Columbia centre of Excellence for Womens Health. Vancouver. (National centre on Addiction and Substance Abuse (CASA) at Columbia University (2003). The formative years: Pathways to substance abuse among girls and young women ages 8-22. National Centre on Addiction and substance Abuse. Poole, N. (2000) Evaluation report of the sheway project for high risk pregnant and parenting women. British Columbia centre of Excellence for Womens Health. Sanger, D., Maag, J., Spilker, A. (2006) Communication and behavioral consideration in planning programs for female juvenile delinquents. The Journal of Correctional Education 57(2), 108-125 Schaffner, L. (2006) Girls in trouble with the law. U.S.A: Rutgers University Sharpe, G., Gelsthorpe, L. (2009) Engendering the agenda:Girls, young women and youther justice. Youth Justice 9(3). 195-208

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Simkins, S., Katz, S. (2002) Criminalizing abused girls. Violence Against Women 8(12), 1474-1499 Sims, B. (2006). Theoretical explanations for juvenile delinquency. In B. Sims & P. Preston (Eds), Handbook of Juvenile Justice: Theory and Practice (pp 77-92) Tanner, J. (2010). Teenage troubles: Youth and deviance in Canada. Don Mils, Ontario: Oxford University Press. Tucker, D. M., Derryberry, D., & Luu, P. (2000). Anatomy and Physiology of Human Emotion: Vertical Integration of Brainstem, Limbic, and Cortical Systems. In J. Borod (Ed.), Handbook of the Neuropsychology of Emotion. New York: Oxford. Welch , C. L., Roberts-Lewis, A.C., Parker, S. (2009) Incorperating gender specific approaches for incarcerated female adolescents: Multilevel risk model for practice. Journal of Offender Rehabilitation, 48(1), 67-83 Wood, J., Foy, D., Goguen, C., Pynoos, R., James, B. (2002) Violence exposure and PTSD among delinquent girls, Journal of Aggression, Maltreatment & Trauma, 6(1), 109-126