Child Delinquency, ACEs, and the Juvenile Justice System: Does Exposure to ACEs Affect Justice System Experiences for Children?

• Date: 01 April 2022
• Published date: 01 April 2022
• DOI: 10.1177/15412040211063129
• Author: Vitoria De Francisco Lopes,Abigail Novak
• Subject Matter: Articles

Article

Youth Violence and Juvenile Justice

2022, Vol. 20(2) 113–138

© The Author(s) 2021

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DOI: 10.1177/15412040211063129

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Child Delinquency, ACEs, and

the Juvenile Justice System:

Does Exposure to ACEs Affect

Justice System Experiences for

Children?

Abigail Novak

1

and Vitoria De Francisco Lopes

1

Abstract

Thousands of children ages 12 and under are referred to juvenile justice systems each year, and

little is known about how their experiences may differ from those of older youth. The purpose of

this study was to compare risk factors associated with juvenile justice referral between children

and adolescents and examine differences in adjudication and disposition of referred children and

adolescents. The moderating role of adverse childhood experiences (ACEs) was also examined.

Using data from the Florida Department of Juvenile Justice, results suggest children referred to the

juvenile justice system are more likely to have experienced greater numbers of ACEs , have family

and school problems, and be referred by schools. Results also indicate children and adolescents

differ in their experiences within the juvenile justice system, and that experiences vary according

to exposure to ACEs. Results suggest juvenile justice system off‌icials should consider the unique

needs of children referred to the system and be cognizant of the inf‌luence of non-legal factors in

decision-making for this population.

Keywords

Child delinquency, juvenile justice, labeling theory, adverse childhood experiences

One of the most important predictors of long-term antisocial behavior, negative outcomes, and

persistent justice system contact among youth is the onset of offending behavior (DeLisi et al.,

2013). As compared to those with later onsets of problematic behaviors, juveniles with early

problem behavior onset, including early-onset offending and/or arrest, experience increases in

long-term negative outcomes, including decreased educational attainment (Ward et al., 2021),

compromised physical and mental health outcomes (DeLisi et al., 2013), and persistent offending

and/or criminal justice system involvement (Farrington et al., 1990). Research often refers to

1

University of Mississippi, University, MS, USA

Corresponding Author:

Abigail Novak, University of Mississippi, Heddleston Hall, University, MS 38677, USA.

Email: anovak@olemiss.edu

offending behavior committed by children at or before age 12 as child delinquency (Loeber, 2003;

Baglivio et al., 2020). In 2018, nearly 63,000 children ages 12 and under were referred to juvenile

justice systems across the United States (Sickmund et al., 2020). Though referred in smaller

numbers than adolescents, younger juveniles present unique challenges to the juvenile justice

system as children adjudicated as delinquent are more likely than older youth to experience

continued justice system contact throughout adolescence and adulthood, and may present with

different risk factors and needs than referred adolescents (Loeber, 2003).

Given the potential for long-term consequences associated with early offending onsets, in-

creasing understanding of risk factors and experiences associated with justice system contact for

children is an important priority for individuals working in the juvenile justice system. States differ

in their handling of child delinquency, with some states employing minimum ages of juvenile

court jurisdiction to restrict justice system contact for children, and others treating children under

certain ages as status offenders rather than adjudicating youth for criminal offenses (Abrams et al.,

2019). Though legal restrictions may dictate which children experience justice system contact,

discretion on the part of juvenile justice system off‌icials may also inf‌luence formal system

processing (Streib, 1976). Since its creation, the juvenile justice system has operated with the goal

of providing individualized, rehabilitative services for referred children, and non-legal factors

such as family and school circumstances are often taken into consideration in decision-making

throughout juvenile justice system processing, from referral to adjudication to disposition (Feld,

2017;Hawkins & Kempf-Leonard, 2010). Given differences in risk factors and outcomes between

children and adolescents engaging in delinquency and the level of discretion and rehabilitative

intent involved in juvenile processing, it is possible the risk prof‌iles of children and youth who

come into contact with the juvenile justice system differ, and that their experiences with the

juvenile justice system differ as well.

Little is known about the characteristics of children who come into contact with juvenile justice

systems, what happens within the system to children who encounter the juvenile justice system,

and how their experiences may differ from adolescents (Mears et al., 2014;Snyder et al., 2003).

Because of the rehabilitative orientation of the juvenile justice system, it is possible non-legal

factors such as exposure to adversity may inf‌luence referral and processing decisions for children,

and that their inf‌luence differs from that associated with adolescents (Mears et al., 2014). Further,

the ways in which non-legal factors such as exposure to adversity interact with child delinquency

to affect processing for children referred to the juvenile justice system remains unexamined. The

goal of the current study is to begin addressing these gaps in the literature by examining the extent

to which risk factors for justice system contact differ between children and adolescents, examining

the relationship between child delinquency and adjudication and disposition, as well as examining

the extent to which exposure to adverse experiences affects relationships between child de lin-

quency and adjudication and disposition in the juvenile justice system.

Theoretical Framework

The labeling perspective, with its inf‌luences from conf‌lict theories and symbolic interactionism,

provides a useful framework for considering how children referred to the juvenile justice system

may differ from adolescents, as well as whether exposure to adversity inf‌luences experiences for

children within the juvenile justice system. Under the labeling perspective, children and youth

may be referred to the juvenile justice system due to non-legal factors that point to the need for

services (Maschi et al., 2008). Children coming into contact with the justice system, particularly

children with higher exposure to adverse experiences, may be more likely to be perceived as

“risky”or in need of services as compared to older youth or youth with fewer adverse exposures.

114 Youth Violence and Juvenile Justice 20(2)