Anti-Social Behavior: Enforcement, Support and Rehabilitation - Assignment Example

ANTISOCIAL BEHAVIOUR: ENFORCEMENT, SUPPORT AND REHABILITATION Antisocial behaviour often leads to criminal acts (Barnes n.d Consequently, it hasbeen the focus of numerous studies and researches from different parts of the globe. One potent definition of antisocial behaviour is described in the Antisocial Behaviour (Scotland) Act 2004: The legislation provides that a person engages in antisocial behaviour if they: act in a manner that causes or is likely to cause alarm or distress; or pursue a course of conduct that causes or is likely to cause alarm or distress to at least one person not of the same household as them. (Scottish Government Publications 2007) Conduct in this sense includes speech and the course of conduct should have happened in at least two occasions. Moreover, Mayer (cited in Christle et al. n.d.) contends that antisocial behavior consists of repeated violations of societal norms and typically involving aggression, vandalism, and defiance of adult authority. Clemens (1997: 112) describes the antisocial as someone who can be charming, of good intelligence, not delusional or irrational but at the same time can be unreliable, insecure, lacking in shame and remorse and will tend to commit all kinds of misbehavior even when the stakes may be too small. Despite all these, the antisocial is unable to learn from past mistakes and tend repeat them over and over again. Consequently, he has no real capacity for love, kindness, or trust, and can be too carefree about life. The family and negative parental role modeling has been attributed to antisocial behavior. Robins (cited in Wickliffe 2008) made a follow-up study of white children that were referred to a psychiatric clinic for antisocial behavior. It was found that these children’s fathers were found to have problem behaviors as well. Thirty six percent of them did excessive drinking, 21% had poor study habits, 26% were non-supportive or neglected their children, and 20% were physically cruel. Additionally, 48% of these children’s mothers and 23% of their fathers were either psychologically disturbed or mentally handicapped. In Scotland, the government has issued Antisocial Behaviour Orders (ASBO) to help in the enforcement of antisocial behaviors (Scottish Government Publications 2007). The ASBO is described as a civil order meant to protect the public from behaviours that are likely to or directly causes harm or distress wherever this happens. However, the person affected by the behaviour and the person behaving antisocially should not be from the same household. Areas like retail stores, parks, and transport hubs are also included. For a person aged 12 years and above, this order contains the name of the person who is prohibited from doing something to other persons based on the conditions described in the order. For example, it may specify against verbal abuse or entering defined areas. Conversely, the ASBO is not a criminal penalty or is not intended to punish the offender. Therefore, this type of enforcement is very considerate as it regards offenders in a way that will give them guidance especially because the perpetrators are young people. For adults, the ASBO is ‘intended to tackle both behaviour which is likely to escalate to the criminal level, and patterns of behaviour which cumulatively cause considerable alarm or distress to the community’ (Scottish Government Publications 2007). On the other hand, this order is not a substitute for a criminal proceeding when they are appropriate but is a complement to other civil procedures. According to the Antisocial Behaviours (Scotland) Act 2004 (Scottish Government Publications 2007), the local authorities and registered social landlords are the ones who can apply to the sheriff court for this order. Meanwhile, even before applying for a temporary or full ASBO, the sheriff has to consult with the Principal Reporter first as well as consider advice from the children’s hearing for persons under the age of 16. As such, the children’s hearing system is still the primary forum for dealing with antisocial behaviours. Court-based orders are only pursued when, despite alternative approaches given, the antisocial behaviors continue to persist. This kind of system is quite proactive as it doesn’t immediately intend to severely punish offenders but is geared to help more than to harm. Moreover, authorities cannot also use the ASBO to individuals who do not have the capacity to understand the consequences of their act. Specific examples of such individuals would be those who have been diagnosed with autism spectrum disorder or other disorders that may have medical or developmental causes. In this way, this act is very comprehensive and solicitous as it covers the varying situations and needs of all individuals. In fact it provides that: "Equal opportunities" means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions. (Scottish Government Publications 2007) Furthermore, the Antisocial Behaviour (Scotland) Act 2004 has drafted other alternatives or measures in the enforcement of antisocial behaviour in conjunction with the ASBOs (Scottish Government Publications 2007). It includes the use of Acceptable Behaviour Contracts (ABCs), and Short Scottish Secure Tenancies (SSSTs). The ABCs may be used as a precursor to the ASBO and is written as an agreement between the person who have committed an antisocial behaviour and the local agency or agencies and the assigned in dealing with the particular behaviour. Additionally, the ABC contains a description of the antisocial acts that were perpetrated, an agreement that the same will be not be done again in the future, and the consequences its breach which may include an application for an ASBO. Based on a national survey in the years 2005-2006, ABCs have proven to work well with young people that the local authorities and registered social landlords have drafted them for almost half of those aged under 16 (Scottish government Publications 2007). In fact, almost three-quarters of the ABCs that were enacted were diligently and successfully carried out by the perpetrators for one year. This was despite the reality that failure to honour the ABC will not result to any legal sanction. It only further proves that in dealing with antisocial behaviour, less harsh and non-legal measures could be an effective measure. On the other hand, the SSSTs as an alternative enforcement measure for antisocial behaviour involve converting the Scottish Secure Tenancy (SST) into a Short Scottish Secure Tenancies (SSSTs). This means empowering the social landlord to demote the security of the tenure of the resident who has been subjected to an ASBO. Likewise, this applies to members of a tenant’s household and those who have been previously evicted for antisocial behavior. However, the Scottish Government Publications (2007) survey in 2005-2006 shows that the local authorities have not used SSSTs very frequently. This may be attributed to the practice of using the SSSTs only when there is a breach in the ASBO. This further reflects that positive ways of resolving conflicts are being modeled to the offenders as SSSTs are used with them as a last resort. Thus, the Scottish government, in its efforts to curb antisocial behavior, has drafted a civil order that is more helpful and supportive to the offenders more than a legal punishment. This could be one of the primary reasons why a number of researches have been dedicated and geared towards the support that should be given to perpetrators. In determining the kind of support that should be given to persons exhibiting antisocial behaviour, it is important to consider some contributing factors. One of the characteristics that have been found to be highly associated with antisocial behaviour have something to do with factors that put the young people at risk or the so-called called risk factors. Reddy et al. (cited in Christle et al. n.d.: 9) defines risk factors as conditions or situations that are empirically related to particular outcomes. A lot of risk factors are associated with antisocial and violent behaviour and they can either be internal or external. Internal risk refers to individual - within the self and intrapsychic factors - and involve behavioral deficits like withdrawal, isolation, and depression. Conversely, external factors referring to family, school, community and peer relations that create contexts for daily living are environmental variables that create a significant impact on the lives of adolescents (Christle et al. n.d.: 12). In particular, McEvoy and Welker (Christle et al.: 13) found that home conditions consisting of harsh and ineffective parental discipline, family conflict, child abuse and rejection of parents, all tend to predict chronic patterns of antisocial behaviour in children and youth. According to Barnes (n.d.: 39) research further indicates that antisocial behaviour has a genetic connection. In one study of individuals who were diagnosed with antisocial behaviour personality disorder it appears that males were five times more likely to inherent the disorder among first-degree biological relatives while females were ten times more likely to inherent it than the general population. Sigmund Freud through the psychoanalytic theory has proposed that all significant personality formation occurs during the early stages of the person’s life span and is primarily shaped by his interaction with the adult environment (Trojanowicz & Morash 1983: 64). It is very evident then that the family plays a very significant role in the proper development especially that childhood experiences tend to persevere and still influence how a person will interact with the larger society. In fact Aichhorn (cited in Clemens 1997: 111) has worked closely with the youth through the psychoanalytic theory of personality development and believes that the antisocial individual have developed considerable hatred to their parents. This in turn, could have created in him a sense of disrespect for all other adults and especially those in authority that they tend to defy and rebel against them. In this case, Hanson and Carta (cited in Christle et al. n.d.: 27) espouses that parents can help develop their child’s resilience by setting rules in the home, showing respect for individuality, and by being responsive and accepting of his behaviour. Bernard et al. (cited in Christle et al. n.d.: 26) have identified that caring relationships, positive and high expectations, and opportunities for meaningful participation is a good support against developing antisocial behaviour in the home. In particular, an attachment to just even one member in the family can already provide the youth with a sense of belonging and purpose. These studies have indicated that a lot of antisocial behavior could have been prevented only if situations in the home are characterized by intimacy and a consistent discipline structure. All these should not be maintained later in the home but as early as possible because anything that takes place at this stage create behavioral patterns that tend to persist in adulthood. Conversely, Clemens (1997: 111) relates that some followers of the Freudian psychology also espouse that antisocial behaviour could be attributed to a defective superego in which his conscience was not properly developed and thus could not feel any sense of guilt or shame for his misdeeds and could not even learn from it. This is evident in the various incidents of shootings in schools in the late 1990’s (Santrock 2001: 117). In specific, Luke Woodham was only 16 years old when he stabbed his mother to death and shot nine of his classmates. He used to have a reputation of being a chubby nerd in his school at Pearl, Mississipi. But when he was interviewed after the incident, he related that “murder is gutsy and daring”. This is also consistent with the report made by Satcher (cited in Christle et al. n.d.: 7) in which it was identified that the availability of firearms to people leads to an increase in youth violence. Thus, Farrington (cited in Santrock 2001: 117) strongly suggests that the schools play an important role in terms of imposing interventions that promote strong governance, fair discipline, and student participation in decision-making. Dryfoos’ (cited in Santrock 2001: 120) analysis indicates that the programs that have been successful in this area have two important components. One is intensive and individualized attention and the other refers to community-wide multi-agency collaboration. The I Have a Dream (IHAD) program in particular allows school staff to develop a personal long-term relationship with the student to make him feel that somebody who cares for them and give them support. The school is another potent unit that influences children and how they behave. Flannery (cited in Christle et al. n.d.: 15) enumerated risk factors in school and they are: high student and teacher ratios, insufficient curricular and course relevance, and weak and inconsistent adult relationship. With this, cognitive competence is a powerful protective factor in dealing with antisocial behaviour (Davis cited in Christle et al. n.d.: 25). In a meta-analysis study conducted by Maguin and Loeber (Christle et al. n.d.: 25), the results have indicated that an increase in academic performance is strongly related to a decrease in delinquent behaviour. Also, cognitive factors involving emotional and moral development tend to shield against antisocial actions. Consequently, emotional skills training that help develop resiliency, proactivity, decision-making, and responsibility is a school support that should be practiced in school. Teaching children the concepts of empathy, impulse control, and anger management have also proven effective in reducing the likelihood of aggressive behaviors (McMahon et al. cited in Christle et al. n.d.: 25). Additionally, the school environment is most of the time prone to teasing, fighting, and harassing each other that when they are ignored or not given appropriate attention by teachers, such aggressive behaviours get reinforced and lead toward more violence (Furlong & Morrison cited. in Christle et al.: 15). As such, teachers should be a positive role model to students and that they should offer trustworthiness, sincere interest, and individual attention if they intend to reduce antisocial behaviour in the youth (Bernard; Davis; & Garmezy cited in Christle et al. n.d.: 28). Moreover, teachers should pay attention to reports made by children on bullying incidents because they tend to build low self-esteem and encourage a cycle of violence in which the victim becomes the bully in the absence of a mechanism by which they can ward off their perpetrators. Brook et al. (cited in Barnes n.d.: 40) believes that adolescents’ involvement with delinquent peer groups inside and outside of the school is also indicative of their low social control, poor self-concept, and interpersonal inadequacy. Relating with antisocial peers is a result of modeling of antisocial behaviour and attitudes. As such, adolescents who witness antisocial behaviour are more likely to exhibit them than those who just talk about it. Because of this, it is important that the people are encouraged to join in socially appropriate groups like academic clubs or social organizations as they area likely to exhibit antisocial and aggressive behaviour (Catalano et al. cited in Christle et al. n.d.: 27). Corbett and Petersillia (cited in Barnes n.d.:40) advocates that antisocial behaviour can be changed when the person has had exposure to positive influences. Parents should also spend more time with their children as they grow up so that they can closely monitor their social life and ensure that they do not indulge in antisocial behaviors by belonging in gangs. Other examples that individuals should participate in should consist of sports that provide a positive outlet for aggression, summer camps that are full of interpersonal opportunities, and after school programs (Ludman cited in Barnes n.d.: 41). These outlets can help promote higher self-esteem and self-worth. In cases in which, a person has been imprisoned due to one form of antisocial behaviour or another, programs that assist them after incarceration are very important. Safer Foundation (Barnes n.d.:42) is a program found in Chicago that help both young and adult ex-offenders to have a smooth transition as they face the real world. Prior to their release, they are already assigned case managers who reach out to them by providing referrals to agencies providing education and alternative schools as well as job and skills trainings. Another program which has proven to reduce the recidivism rate in chronic offenders is found in the state of Colorado. This program is said to have slashed down recidivism by about 50%. It lasts for about two to seven years and involves boot camp, counseling, and education courses, and life skills training (Colo. Cuts Recidivism with Youth Education cited in Barnes n.d.: 42). Meanwhile, a Shelter Inclusion Project that was initiated by the Centre for Housing Policy (University of York n.d.: 1) has summarized the findings of their study. This project was formulated based on the idea that antisocial behaviour is often caused by needs that have not been adequately met. Thus, instead of focusing on enforcement, it has diverted its attention towards the causes of the behaviour and the support that can be provided as a result of eviction or social inclusion. It also caters to single persons, couples, and households with children who have a history of antisocial behaviour. Then, support is given in form of managing money and debts, specific acts to address antisocial behaviour, claiming benefits, cooperating with schools, and developing parenting skills. Results of the study indicated that upon completion of the program, 60% out of the 45 households have shown significant improvements in behaviour and no longer exhibit antisocial actions. The success has been attributed to a lot of time dedicated in developing effective communication skills with significant others in their lives and the wider community. Recipients of the program related that the support and trust granted to them has helped them to become self-reliant and resourceful. Unfortunately, in a thirty-year follow-up study made by Robin (cited in Clemens 1997: 112), it was found that antisocial behavior before the age of eighteen tend to persevere in adulthood in the form of sociopathy that “over 50 percent of the sociopathic males showed an onset of symptoms before the age of eight”. This is why, Barnes (n.d.: 41) finally proposes that early intervention is the primary key in dealing with antisocial behaviour and offering support to young children and their family is very relevant. REFERENCE LIST Barnes, Claire (n.d.) Outreach intervention reduces recidivism in juvenile delinquents [online] Available: http://counselingoutfitters.com/vistas/vistas08/Barnes_Article_5.pdf [Accessed 28 November 2008]. Christle, Christine, Michael Nelson, C. and Jolivette, Christine (n.d.) Prevention of antisocial and violent behavior in youth: A review of the literature [online]. Available: http://www.edjj.org/focus/prevention/plr.pdf [Accessed 24 November 2008]. Clemens, Bartollas (1997) Juvenile delinquency. Massachusettes: Allyn and Bacon. Santrock, John (2001) Educational psychology. New York: McGraw-Hill. Scottish Government Publications (2007) Use of antisocial behavior orders in Scotland [online]. Available: http://www.scotland.gov.uk/Publications/2007/09/19160705/7 [Accessed 29 November 2008]. Trojanowicz, Robert and Morash, Merry (1983) Juvenile delinquency: Concepts and control. New Jersey: Prentice Hall, Inc. University of York (n.d.) Addressing antisocial behaviour: An independent evaluation of Shelter Inclusion Project [online]. Available: http://www.shelter.org.uk/bookshop [Accessed 29 November 2008]. Wickliffe, Joseph (2008) Why juveniles commit crimes [online]. Available: http://www.yale.edu/ynhti/curriculum/units/2000/2/00.02.07.x.html [Accessed 15 November 2008]. Read More