Post Traumatic
Stress Disorder, most commonly known as PTSD, is usually associated with combat
veterans. Many people are not aware that PTSD can affect children and teens, as
well. Children and teens could develop PTSD if they have lived through an event
that could have caused them or someone else to be killed or badly hurt.[1]
The stressful or traumatic event involves a situation where someone’s life has
been threatened or severe injury has occurred.[2]
PTSD also can occur after the unexpected or violent death of a family member or
close friend or following serious harm or threat of death or injury to a loved
one.[3]
Studies show that, overall, about 8 percent of Americans suffer from PTSD at
some point in their lives.[4]
But the rates appear to be much higher in communities such as poor, largely
African American populations, where high rates of violent crime have persisted,
despite a national decline.[5]The
majority of research on chronic community violence exposure focuses on the
perpetrators of the violence, not on the youth who are its direct or indirect
victims. [6]
School-based treatment and preventive interventions are needed for children at
elevated risk for exposure to community violence.[7]
This
is extremely disheartening, particularly when thinking about the number of
juveniles who reside in juvenile detention, correctional, and/or residential
facilities. As of 2011, 61, 423 youth resided in juvenile detention,
correctional, and/or residential facilities in the United States.[8]
It seems as if it would be more beneficial to treat the youth for their PTSD before
locking them up or sending them away to juvenile detention, correctional, or
residential facilities. If you can get to the root of the problem while the
child is young, it seems as if that would be more beneficial than hoping that
when the child’s punishment has been completed, they will have changed for the
better. This comports with a concept that is taught consistently by my Family
Law professor, Professor Barbara Babb.
An approach grounded in Therapeutic Jurisprudence seems like a better
answer for most kids than punishing them. Therapeutic Jurisprudence is a
perspective or framework, and its use suggests the need to conduct empirical
research to determine whether outcomes resulting from the application of
substantive laws, legal rules, and legal procedures and from the behavior of
legal actors have therapeutic (helpful) or anti-therapeutic (harmful)
consequences, both intended and unintended.[9]
The system does not seem to be working as is, so why not give a different
approach to treating delinquent behavior a try? At least it would help us to
determine a better system for youth in the juvenile justice system. What do you
think?
[1]
“PTSD: National Center for PTSD” http://www.ptsd.va.gov/public/family/ptsd-children-adolescents.asp
[2]
“Posttraumatic Stress Disorder (PTSD)” http://www.aacap.org/AACAP/Families_and_Youth/Facts_for_Families/Facts_for_Families_Pages/Posttraumatic_Stress_Disorder_70.aspx
[3]
“Posttraumatic Stress Disorder” http://kidshealth.org/parent/positive/talk/ptsd.html
[4]
“The PTSD Crisis That’s Being Ignored: Americans Wounded in Their Own
Neighborhoods” http://www.propublica.org/article/the-ptsd-crisis-thats-being-ignored-americans-wounded-in-their-own-neighbor
[5] Id.
[6]
“Community Violence and Youth: Affect, Behavior, Substance Abuse and Academics”
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2700237/
[7] Id.
[8]
“Youth Residing in Juvenile Detention, Correctional and/or Residential
Facilities” http://datacenter.kidscount.org/data/tables/42-youth-residing-in-juvenile-detention-correctional-and-or-residential-facilities#detailed/1/any/false/867,133,18,17,14/any/319,320
[9]
“Therapeutic Jurisprudence” by David Wesler
Posts
I completely agree that it is beyond disheartening that the children residing in the juvenile detentions across the country are victims of horrific events in their lives, for which they had no control over, and ultimately suffer from PTSD. While the ultimate goal of juvenile detention is rehabilitation, addressing issues such as PTSD, would definitely promote that rehabilitation. Instead, it appears that the children who experience very difficult events in their lives, are not provided with the appropriate resources to cope with such happenings and ultimately suffer from PTSD.
ReplyDeleteThere appears to be a significant amount of scholarship on the ways that PTSD affects children's behaviors and their lives. As is suggested in the blog, applying therapeutic jurisprudence to these children would certainly help address their PTSD because it would give the children the individualized assistance they need; especially in light of the fact that people are impacted by events in different ways and also react to them differently. Applying therapeutic jurisprudence to these scenarios would not only better the lives of these children, but will also have a great impact on society.