The Historical, Jurisprudential, and Empirical Wisdom of Parental Responsibility Laws

The parent-child relationship is woven deep within historical and contemporary culture, but strong retributive ideals have led to blaming parents because of their presumed vicarious role in juvenile crime. The current article will discuss the history, forms, legal challenges, and empirical research related to parental involvement laws in the United States. The parent-child relationship provides the historical framework behind the separate juvenile justice parens patriae system; however, with the juvenile justice system not as successful as originally imagined, blame has shifted to the parents. We examine the potential constitutional implications of enacting and enforcing parental involvement statutes and ordinances and also the potential efficacy of parental involvement laws in reducing juvenile delinquency. In addition, we propose empirical research to test the underlying assumptions about blame made by parental involvement laws

Twenty-Five Years of the Adoption and Safe Families Act

The year 2022 marks the 25th anniversary of President Clinton signing into law the Adoption and Safe Families Act (ASFA). Enacted in November of 1997, ASFA was a bipartisan federal law intended to address concerns with the foster care and adoption systems.1 With fiscal incentives attached, states quickly adopted complementary ASFA legislation.2 At its core, ASFA changed the primary objective from family reunification to the child’s health and safety. In doing so, ASFA sought to decrease the amount of time a child spent without a permanent home by limiting how long a child could spend in foster care. Referred to as the 15/22 timeline, ASFA required a state to file or join a petition to terminate parental rights (TPR) when a child had been in out-of-home placement for fifteen of the most recent twenty-two months

Juveniles’ Knowledge of the Court Process: Results from Instruction from an Electronic Source

Our study first determined what juveniles know about the juvenile court process. Second, it evaluated a DVD designed to be a systematic and simple way to improve this knowledge. A pre- and post-test design was used with two pilot samples and two samples from the population of interest. A sample from a juvenile detention center (n = 118) was the focus of this study. Initial knowledge of the court process was quite low for the detention sample (pretest M = 64.0%, SD = 14.2%). All samples experienced a significant improvement of knowledge after watching the DVD. Youth in the detention sample had a mean improvement from pretest to posttest of 6.4% (SD = 11.9%), with mean scores at posttest being 70.3% (SD = 17.4%). Respondents varied in their performance on different question topics, scoring the lowest on questions related to what happens at juvenile court hearings. The social and demographic variables of age, race, gender, grades in school, number of previous arrests, and the number of times the respondent had been to court were evaluated through regression analysis. Age and race were found to be significantly related to pretest scores, and race was significantly related to improvement scores

Assuming Elder Care Responsibility: Am I a Caregiver?

Caregivers of the elderly face conflicting legal demands; they must make certain the elder’s needs are being met while not forcing undesired care on an adult capable of informed decisions. This dichotomy may be a reason a large volume of reported elder abuse derives from unintentional neglect on behalf of informal familial caregivers. The current research examines this possibility with exploratory interviews and an experiment. The interviews between elders and their family (30 dyads) revealed that many did not intend for the living arrangements to become permanent, and the nonelders were largely unprepared for the magnitude of changes and responsibilities that would result. The elders often expressed a sense of loss for their former life and feeling supernumerary in the family. In the experiment, we examined whether a person recognizes when a caregiving relationship exists and the factors that contribute to notions of being a caregiver. Results suggest that potential caregivers (124 community members) focus on the relationship with the elder more than the elder’s physical and financial needs, and generally have stronger feelings of moral responsibility rather than legal responsibility to provide care

Identifying and Unpacking the Role of Social Identity in Moderating Evaluations of Police‑Civilian Interactions

Scholars and policy makers rely on the theory of procedural justice (PJ) to further the twin goals of improving police-civilian relations and reducing crime. Substantial PJ research demonstrates that civilians evaluate fairness in police-civilian interactions based on voice, neutrality, trust, and respect. Although social identity is an important predictor and outcome of PJ, little research has examined how police officers, who have a unique social identity and sub-culture, evaluate fairness. The current research examined how police officers, as compared to civilians, evaluated fairness through the PJ mechanisms and whether social identity explained differences between the groups. Police officers (n = 125), recruited from local law enforcement agencies, and civilians (n = 151), recruited from an online participant pool, evaluated a randomly assigned PJ or no-PJ police-civilian interaction. Multiple group analyses and nested model comparisons revealed that the data fit the PJ model best when civilians and police officers were allowed to perceive fairness through different mechanisms. Differences between the samples were explained by self-categorization with the police. The direct effects of respect and gender on fairness, condition on neutrality, condition and voice on respect, and the interaction between condition and self-categorization on voice were responsible for the differences between the samples. Finally, a three-way interaction revealed that civilians who selfcategorized less with the police evaluated the PJ condition as providing less voice than more closely identified civilians, who were not different than police. This study replicated and expanded on PJ, policing, and social identity literatures

Holding Parents Responsible: Is Vicarious Responsibility the Public’s Answer to Juvenile Crime?

Parental responsibility laws hold parents accountable for the delinquent behaviors of their children even when parents’ actions are not the direct cause of an offense. Despite the prevalence of these laws, we know little about their perceived fairness. Is it reasonable to make parents vicariously responsible for outcomes they could not have foreseen and, if so, under what circumstances? Our series of three studies addressed those questions by systematically examining the impact of various situational and dispositional factors on public opinions regarding parental responsibility. Respondents attributed most of the responsibility for a crime to the child, and attributions of responsibility to the parents varied as a function of the child’s age. Case characteristics including the type of crime committed and the described parents’ actions versus inactions did not consistently influence responsibility attributions. We conclude that people feel rather lukewarm about the notion of vicarious parental responsibility and this indifference may be related to issues surrounding the laws’ enforcement

Four Decades of the Journal \u3ci\u3eLaw and Human Behavior\u3c/i\u3e: A Content Analysis

Although still relatively young, the journal Law and Human Behavior (LHB) has amassed a publication history of more than 1300 full-length articles over four decades. Yet, no systematic analysis of the journal has been done until now. The current research coded all full-length articles to examine trends over time, predictors of the number of Google Scholar citations, and predictors of whether an article was cited by a court case. The predictors of interest included article organization, research topics, areas of law, areas of psychology, first-author gender, first-author country of institutional affiliation, and samples employed. Results revealed a vast and varied field that has shown marked diversification over the years. First authors have consistently become more diversified in both gender and country of institutional affiliation. Overall, the most common research topics were jury/judicial decision-making and eyewitness/memory, the most common legal connections were to criminal law and mental health law, and the most common psychology connection was to social-cognitive psychology. Research in psychology and law has the potential to impact both academic researchers and the legal system. Articles published in LHB appear to accomplish both

Potential for Self-reporting of Older Adult Maltreatment: An Empirical Examination

This Article examines state statutes providing for the mandatory reporting of older adult maltreatment. These statutes are important in protecting older adults from potential victimization at the hands of both formal and informal caregivers. Nevertheless, Professor Brank, Ms. Wylie, and Mr. Hamm argue that these statutes undermine older adults’ autonomy and individual decision making because the statutes are modeled off the parens patriae framework of child maltreatment statutes. The authors believe these statutes effectively disempower older adults because older adults, unlike children, should be considered competent decision makers unless adjudicated otherwise. The authors contend that this system is the product of improperly tailored models as well as ageism. To cure this ill in state maltreatment statutes, the authors argue that states could amend their statutes to place responsibility on older adults to self-report abuse. To further this contention, the authors developed a novel empirical study to examine how likely a sample of older adults would be to self-report maltreatment, under what circumstances they would be more likely to report, and to whom they would report. The study results demonstrate that older adults are capable of recognizing and willing to report abuse in both formal and informal caregiver situations. The authors posit that this is strong evidence that older adult maltreatment could be better addressed through empowerment of older adults rather than borrowing from the child abuse system that further disempowers them

Public health framing and attribution: Analysis of the first lady’s remarks and news coverage on childhood obesity

First Lady Michelle Obama’s public health promotion “Let’s Move” seeks to place children on a path to better health by giving families access to health education and fostering healthier environments. We examined the use of public health framing and attribution of responsibility in the First Lady’s remarks and newspaper articles reporting on childhood obesity. We coded the Whitehouse.gov website for remarks made by the First Lady regarding the childhood obesity prevention program “Let’s Move.” Of the 103 remarks coded, 35% of the remarks used public health framing. The First Lady’s remarks attributed responsibility and solutions for the childhood obesity crisis in terms of environmental factors, rather than individual factors. Using the same themes, we coded a sample of 260 articles that reported on “Let’s Move” specifically or childhood obesity generally, published during the same time period as the First Lady’s remarks. Approximately 20% of the articles used public health framing and similarly attributed childhood obesity to environmental factors. When comparing the two outlets, themes in the news articles were similar to the First Lady’s remarks; however, each lacked complete public health framing, which may contribute to less effective public health messaging