Detention conditions’ impact on anxiety and depression levels of prisoners

IntroductionThe mortality rate in Portuguese prisons is the highest of the European Community. Two thirds of these deaths concern individuals in preventive detention, who have not yet faced trial.ObjectiveOur objective is to examine the impact of different detention conditions on the anxiety and depression rates of inmates. We predict that the anxiety and depression rates would be higher for inmates in preventive detention.ResultsResults have shown that the depression rates of inmates in open detention were the lowest. Depression rates were highest among inmates in preventive detention.DiscussionThe results do not allow us to confirm our hypothesis regarding anxiety rates. Considering our results, inmates in preventive detention seem to represent the most vulnerable population of the prison in relation to the two other groups.     

Adolescents at risk for violence: an initial validation of the life challenges questionnaire and risk assessment index

Initial validation was sought for the Life-Challenges Questionnaire-Teen Form, a 120-item youth-risk assessment tool. The questionnaire was administered to 99 students enrolled in an adolescent detention facility and a comparison group of 305 students attending high school. The survey items included correlates of youth violence and categorized risk level in a Risk Assessment Index (RAI) based on 53 critical items most strongly correlated with youth violence. Higher RAI scores were expected for the detention sample, males, minorities, and 15- to 18-year-olds. Differences between adolescents in detention and high school in terms of risk for violence were assessed by means of analysis of variance, and multiple regression analysis was used to examine the relative effect of detention status, race/ethnicity, gender, and other factors on risk behavior as measured by the RAI. Findings revealed that the detention group endorsed correlates of youth violence more often than the non-detention group and received significantly higher RAI scores. In addition, being in detention, male, and a racial/ethnic minority were significant predictors of risk behavior. The authors conclude that The Life-Challenges Questionnaire (and Risk Assessment Index) effectively differentiated between the detention and student samples, thus, providing initial support for its validity as a risk-assessment measure.     

Die Sachverständigenexpertise im Spannungsfeld zwischen Justiz und Psychiatrie am Beispiel des Hangbegriffes des § 66 StGB (Sicherungsverwahrung)

Using the example of psychiatric expert opinions in trials leading to preventive detention, we analysed how far the corresponding orders by the courts were suited to guide the psychiatric experts and restrict them to their area of expertise. Furthermore we concentrated on the question, what reasons were given for preventive detention on both psychiatric and judicial side and how psychiatric arguments were adopted by the judges. Our results show clearly, that placing an order with the psychiatric expert as well as adopting the psychiatric arguments for preventive detention occur mainly in a stereotypic way. Psychiatric and judicial arguments for preventive detention refer both to previous delinquency. Aspects concerning the offenders personality appear to be secondary, although they play a major role in the decision for preventive detention. The article shows the controversy associated with forensic-psychiatric expertise in the courtroom and the need for communication and clarification between psychiatry and law.     

Langzeituntergebrachte in der Sicherungsverwahrung

Due to the decision of the European Court for Human Rights, up to mid-2010 the courts of execution had to decide about the release of offenders who had been imprisoned for more than 10 years in preventive detention. This in fact was problematic because preventive detention was limited to a maximum of 10 years at the time of conviction. In all of these cases preventive detention persisted due the assumed high dangerousness of those affected. Regarding the 11 cases that had to be decided by the provincial High Court of Hamm, Germany in 2010, the completion of the detention has been concluded in all cases. The majority of these cases will be described briefly in order to illustrate the different case constellations which led to long-term detention. Moreover these cases serve to demonstrate the difficulties which can arise when trying to evaluate or predict future dangerousness.     

Terrorist Suspect Religious Identity and Public Support for Harsh Interrogation and Detention Practices

Does the U.S. public's support for the use of harsh interrogation and detention practices against terrorism suspects depend upon the religious identity of the alleged perpetrators? Some scholarly research indicates greater public acceptance for abridging the rights of Muslims after 9/11. This is consistent with literature suggesting that heightened perception of threat decreases popular tolerance for racial, ethnic, and religious outgroups. This study executes a survey experiment and finds respondents to be more permissive of the use of extraordinary detention practices, such as indefinite detention and denying suspects access to legal counsel and civilian criminal courts, against terror suspects identified as Muslims. Furthermore, the study reveals that respondents are significantly less likely to treat domestic, right‐wing terrorist suspects with extraordinary detention, suggesting ingroup leniency.     

Laying the Groundwork: Conceptualizing a Trauma-Informed System of Care in Juvenile Detention

ABSTRACT

Youth involved in the juvenile-justice system experience trauma at a disproportionately higher rate compared with the general population. Posttraumatic stress reactions place youth at greater risk for penetrating deeper into the juvenile justice system and being placed in secure detention settings. Juvenile detention settings with a systemic approach to addressing youth traumatic stress reactions promote an environment positioned to support the physical and psychological safety of youth and detention center staff. This article reviews key elements of a trauma-informed juvenile detention system and explores implications for trauma-informed interventions and cross-system collaboration.     

Trauma Affect Regulation Psychoeducation Group and Milieu Intervention Outcomes in Juvenile Detention Facilities

This article reports outcomes of Trauma Affect Regulation: Guide for Education and Therapy (TARGET), a group and milieu intervention, in three juvenile detention facilities, controlling for site, length of stay, ethnicity, number of arrests, mental health and traumatic stress problems, and cohort effects. Linear multiple regression results showed that every session of TARGET received in the first seven days of detention was associated with 54% fewer disciplinary incidents and 72 fewer minutes of disciplinary seclusion ( p < .001) for each youth during the modal stay (14 days) in detention. TARGET group participation was unrelated to recidivism, but recidivism declined significantly following implementation of TARGET. Implementing TARGET in juvenile detention facility milieus might improve safety, reduce punitive sanctions, and potentially reduce recidivism.     

An examination and replication of the psychometric properties of the Massachusetts Youth Screening Instrument--second edition (MAYSI-2) among adolescents in detention settings

There is a high prevalence of psychological disorders among adolescents in detention facilities. The need for a simple, effective screening tool led to the development of the Massachusetts Youth Screening Instrument (MAYSI) and its successor, the MAYSI-2. This study evaluated the MAYSI-2 psychometric properties based on the records of 704 youths evaluated at intake to detention facilities. In addition to factor structure, the study evaluated test-retest reliability and concurrent external validity. Results were generally encouraging in terms of the use of MAYSI-2 in detention facilities, and directions for future research are discussed.     

Therapie und Therapiebeurteilung als Grundlage juristischer Entscheidungen

The idiosyncratic focus of German legal politics on sexual crimes and the extension of preventive detention has led to an unhoped-for career of the juridical therapy expections of the penal system. The basic justification and necessity of an expansion of “treatment detention” particularly in the therapeutic form will be clarified. People detained under preventive detention are not sick but their disposition to undertake serious crimes can be considered as a condition in need of therapy and nursing. Even the “mental disorder” of the Therapy Detention Act (ThUG) is, according to the author, nothing more than this “disposition” to § 66 of the Penal Code. Of course therapy leads to obviously positive results in only some of the convicted felons but nevertheless it is worth it. The newer form of preventive detention takes over considerable tasks and responsibilies from the never realized social therapeutic mental institution (in the sense of a “reprimand solution”).     

Eckpunkte f��r den Vollzug der Sicherungsverwahrung

A working group from the states of Berlin and Brandenburg has worked out benchmarks for the structural organization of detention and reprimand for people who have been sentenced to preventive detention in addition to the actual punishment. Decisive for this from the very beginning was the idea to maintain the aim of social reintegration of convicted persons and to adapt the execution of preventive detention not only formally to the guidelines of the European Court of Human Rights.     

The Distress of Citizen-Children with Detained and Deported Parents

In immigration enforcement, many undocumented immigrants with children are often detained and deported. But it is their US-born citizen-children that have been overlooked in immigration debates and enforcement policies and practices. Citizen-children are at risk for negative psychological outcomes when families are fractured and destabilized by arrest, detention, and deportation. The children risk being torn from their parents and, often, their undocumented siblings. To add to the small but growing empirical base on the effects of living under the threat of deportation and actual deportation of parents, we compared the psychological status of three groups of citizen-children: (1) a group living in Mexico with their deported parents; (2) a group in the US with parents affected by detention or deportation; and (3) a comparison group of citizen-children whose undocumented parents were not affected by detention or deportation. We compared children on self-report and parent-report measures of behavioral adjustment, depression, anxiety, and self-concept. Across the three groups we found elevated levels of distress, and differences between children who had experienced a parent’s detention or deportation and those who had not. We discuss findings in the context of children’s clinical needs, future research, and implications for immigration enforcement policy and practices.     

Eine Quadratur des Kreises

In December 2009 the European Court of Human Rights (ECtHR) found in its judgment in the case of M. v. Germany that the retroactive repeal of the 10-year time limit for the first order of preventive detention violated articles 5 and 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). It took the German legislator about 1 year to reform the law on preventive detention during which the fate of preventive detainees was debated highly emotionally. Part of this reform is the Law on Therapy and Detention of Mentally Disordered Violent Offenders. It provides the possibility to further detain those persons who would have to be released following the ECtHR judgment. The key element is the very broad criterion ??mental disorder?? which is meant to justify the deprivation of liberty under article 5 § 1 lit. (e) ECHR. However, the attempt to bypass the ECtHR judgment in accordance with the ECHR is unsuccessful: the detention is a violation of article 5 ECHR.     

Intentional collaboration,predictable complicity,and proactive prevention: U.S. schools’ ethical responsibilities in slowing the school-to-deportation pipeline

ABSTRACT

In the United States, constitutional and statutory law reinforce the right of all children to receive an education, regardless of their citizenship or immigration status. In a time of heightened anti-immigrant sentiment and law enforcement, however, partnerships among school districts, local law enforcement, and the U.S. Departments of Justice and Homeland Security subject undocumented and unaccompanied minor students to indefensible levels of risk for detention and deportation. We identify three stances that U.S. schools may take in the face of a potential ‘school-to-deportation pipeline.’ Schools that engage in intentional collaboration actively increase detention and deportation by referring students to immigration officials for criminal, non-criminal, and even non-disciplinary activity. Schools that engage in predictable complicity may not intend to subject their undocumented and unaccompanied minor students to detention or deportation, but still put students at risk by involving police in school policies. We argue that U.S. schools should instead engage in proactive protection of immigrant students and families, including actively resisting federal policies when necessary.     

Forensische Psychiatrie zwischen Therapie und Sicherung

The therapeutic tasks of forensic psychiatry range between the field of tension of “improvement” and “security” of entrusted persons. With respect to these aspects a paradoxical position of politics and society can be seen: whereas, regulatory security aspects are emphasized and detention measures are required with respect to the treatment measures according to §63 and §64 of the penal code (StGB) and any relaxation of rules is critically viewed, under pressure from the European jurisprudence preventive detention has been declared as a therapeutic measure. The superordinate priority of these measures is to prevent recidivism. This article firstly summarizes the empirical evidence concerning the efficacy of forensic psychiatric treatment of relevant disorders. From this it becomes obvious that the data are unreliable due to relevant risk aspects; therefore, the comparison of safety and therapeutic interests remains a challenging undertaking. A working approach that can successfully encompass both aspects is long-term case management, which is in a position to do justice to both the inpatient interaction and dynamic aspects of the treatment process beyond detention. Because the effectiveness of aftercare has been confirmed, we propose the implementation of forensic outpatient treatment as an alternative to forensic inpatient treatment.     

La rétention de sûreté : punir,prévenir et guérir des troubles de la personnalité ?

The law of February 25, 2008 introduced security detention. This is a post-sentence measure intended for offenders who have served their sentence. This may apply to people with personality disorders. Because of these disorders, they are considered too dangerous to be left in society but the importance of the disorders was not sufficient to benefit from the mechanism of criminal irresponsibility. Is the real objective of preventive detention, as indicated in the law, to treat disorders or, more pernicious, to eliminate ex-convicts from society?     

?Psychische St?rung�� als Begr��ndung f��r staatliche Eingriffe in Grundrechte des Individuums

When dealing with ?old cases?? of preventive detention as well as retrospectively ordered preventive detention, a continuation of confinement should be possible if the offender involved suffers from a ??mental disorder?? which constitutes the danger of future serious violent or sexual crimes. In this psychiatric article it will be explained that the terms ??mental illness?? and also ??mental disorder?? must retain an empirical scientifically definable psychiatric content in order not to instigate deception. They must also be functionally defined in each judicial environment (police law, social law, civil law and criminal law) with respect to the capabilities of the individual which are impaired by the mental disorder. Such an approach could prevent a misuse of psychiatry for purely political security purposes.     

From Mental Health to Juvenile Justice: What Factors Predict This Transition?

We identify youth who are at risk for a critical transition from mental health to juvenile justice. A statewide longitudinal sample of Medicaid-eligible youth (aged 10–17) in the public mental health system (n = 5,455), during approximately one fiscal year (July 1, 1994–August 30, 1995), was used to determine the risk factors for, and timing of, a subsequent juvenile justice detention or commitment during the three subsequent fiscal years (1994–1997). Logistic regression and Cox Proportional Hazards modeling were used. Risk factors for juvenile justice detention or commitment included being: male, black or Hispanic, in junior high school, involuntarily admitted to mental health, having a DSM-IV diagnosis of conduct disorder, alcohol problems, a constellation of risk behavior, and receiving prior mental health services. Factors that accelerate the timing of detention or commitment in the juvenile justice system after a mental health visit included most of the general risk factors except risk behavior and involuntary admission were no longer significant and having a DSM-IV nonalcohol drug use diagnosis, antisocial behavior, and school problems became significant. Our study helps to identify youth who are at risk for multiple system use so that they may be provided appropriate services to prevent multiple system use.     

Initial Implementation of the ARC Framework in Juvenile Justice Settings

Virtually all youth in detention have been exposed at least one traumatic event in their family system or in the community, and a vast majority have experienced cumulative traumatic events that led to major dysregulated states. Building on several seminal works on trauma-informed juvenile justice programs and on implementation research, this theoretical research-based paper aims to describe the preparation stage for implementation of the Attachment, Self-Regulation, and Competency framework (ARC) to a population of youth in detention. The ARC framework is well-suited to meet the complex needs of young offenders by focusing on building blocks that promote resiliency, including caregiver affect management and attunement, affect identification and modulation, and executive functions and self-identity. Based on this extensive preparation stage and a case illustration, recommendations and best practice protocols for making a shift towards a trauma-informed youth justice system are highlighted.     

Correlates of Suicidal Behavior in a Juvenile Detention Population

The present study identifies the correlates of current suicidal ideation and past suicide attempt among 555 adolescents in a county juvenile detention center. Suicidal behavior in delinquent boys was generally associated with depression and decreased social connection, whereas suicidal behavior in delinquent girls was associated with impulsivity and instability. Current ideation was most significantly associated with current depression. In multivariate analyses, past attempts were associated with suicidal ideation and ineffective coping for males, with major life events and impulsivity for females, and with not residing with at least one biological parent prior to detention for both males and females.     

Island detention: Affective eruption as trauma's disruption

This article examines how remote detention facilities on islands function as transnational landscapes of sedimentation. Where trauma lies buried, affective eruptions move through seemingly fixed sites from hidden depths to surface. Detention facilities take many material forms in built landscapes: open and closed facilities, motels and military bases that have been repurposed, or state prisons. Much spatio-temporal logic surrounding island detentions assumes the possibility of enclosure and isolation of detainee bodies, subjectivities, and emotions. Research findings on island detentions debunk the assumption that people and emotions can be contained in the 'total institution.' On the contrary, detention facilities are transnationally embedded in families, communities, and material flows, and digitally wired in ways that connect detainees to others in their cohort who are either detained or free elsewhere. Trauma flows affectively and transcarcerally through encounters between people imprisoned and otherwise moving in and out of facilities. Often hidden and sedimented, trauma erupts into the present, making its presence known and haunting through affective eruptions. These eruptions connect colonial past and present, transmitting trauma between people inside and out. Data discussed in this article were collected from research on island detention carried out by Australia, Italy, and the United States.