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J Fam Viol (2007) 22:501–509

DOI 10.1007/s10896-007-9075-1

ORIGINAL ARTICLE

A Family Affair: The Juvenile Court and Family


Violence Cases
Erika Gebo

Published online: 30 June 2007


# Springer Science + Business Media, LLC 2007

Abstract Little attention has been devoted to studies of members tends to be neglected, though such violence is not
adolescent family violence offending, yet research on adult atypical. For instance, a national survey of American families
populations show that victim relationship may make a showed that 75% of children were physically violent toward
difference in how offenders are treated in the criminal their siblings, making sibling violence the most common
justice system. Given that the intergenerational transmis- type of family violence (Straus et al. 1980). In an
sion of violence may operate through adolescent family examination of child to parent violence (CPV) based on
violence, a detailed examination of these youth is war- this same data, researchers estimated that 2.5 million
ranted. Through an analysis of detained youth in a small adolescents (9% of the population) committed acts of
northeastern state, this study examines differences in court CPV (Cornell and Gelles 1982). As with other types of
treatment between family and non-family offenders. Family family violence, the figures for both sibling violence and
violence offenders are significantly more likely to be minor CPV may well be underestimated due to the private nature
offenders and to be female than are non-family offenders. of such acts. Given the amount of adolescent violence
Results of logistic regression show that, all else being toward their family members, this area of family violence is
equal, family violence youth are treated more leniently by clearly in need of more research.
the court than non-family offenders. Finally, while most Beyond descriptions of incidence and prevalence, what
youth are released to community dispositions, there are no literature exists on adolescent family violence tends to focus on
differences in court-ordered family counseling between CPV. A few studies have theorized the origins of CPV (i.e.,
family and non-family offenders. These findings point to Agnew and Huguley 1989; Brezina 1999) in order to better
areas of needed research on adolescent family violence understand the phenomenon and how to appropriately
offenders and larger policy questions about how such youth address adolescent family offenders. Other studies provided
should be treated relative to other youth. descriptions of the correlates of CPV (i.e., Downey 1997;
Kratcoski 1985; Paulson et al. 1990). Fewer studies investi-
Keywords Adolescent family violence . Child to parent gate how the justice system responds to adolescent family
violence . Court processing . Juvenile justice intervention offenders (i.e., Evans and Warren-Scholberg 1988). Because
adolescent family violence is relatively common, analyses of
justice system response to adolescent family violence can
Studies of family violence generally focus on partner violence provide insight into how offenders who do reach the attention
and child abuse while adolescent violence toward family of the justice system are managed and, in combination with
theoretical findings, how better to manage them.
Research on adult populations provides further impetus
A previous version of this paper was presented at the 2003 Annual
Meeting of the American Society of Criminology, Denver, CO. for investigating this phenomenon. On an etiological level,
research has shown that those who were abused or
E. Gebo (*)
Department of Sociology, Suffolk University,
witnessed abuse as children are more likely to grow up to
8 Ashburton Place, Boston, MA 02108, USA be abusers themselves (i.e., Straus et al. 1980). The link
e-mail: egebo@suffolk.edu between child abuse and spouse abuse continues to be
502 J Fam Viol (2007) 22:501–509

documented, but intermediary steps in that process have Studies of the correlates of adolescent family violence
been largely ignored (Straus and Gelles 1992). Adolescent exclusively focus on child to parent violence. Most of these
family violence has been hypothesized as the missing link studies have found that both adolescent males and females
in that intergenerational transmission of violence (Cornell approximately equally engage in victimizing their parents
and Gelles 1982). Analyzing the justice system response to (Agnew and Huguley 1989; Cornell and Gelles 1982;
adolescent family violence can provide more insight into Pagelow 1989; Paulson et al. 1990; but see Charles 1986).
the nature of family violence as well as a possible point of Other correlates of CPV include SES and ethnicity (Agnew
crucial intervention. and Huguley 1989; Cornell and Gelles 1982; Peek et al.
Finally, given the controversy over justice system 1985). Parenting style seems to be related to CPV.
treatment of those arrested for adult domestic offenses, it Researchers have found higher rates of CPV in families
is only logical that one should examine whether adolescent where parents were either overly permissive or overly
family offenders are treated differently than non-family authoritarian (Charles 1986; Cottrell and Monk 1994;
offenders. Generally, how family violence offenders should Harbin and Madden 1979; Micucci 1995).
be treated is the subject of debate. Some researchers In addition, several studies have found support for a
contend that adult family violence offenders should be social control perspective of adolescent family violence
treated the same as non-family offenders in order to where the more bonded youth were to conventional
demonstrate the seriousness of the family violence act institutions, the less likely they were to act out against
(Dawson 2004). Others argue that equality is not equity and their parents (Agnew and Huguley 1989; Paulson et al.
that the justice system must take context into account, 1990; Peek et al. 1985). For instance, Peek et al. (1985)
wherein unique family situations are best addressed by found that youth who were attached to their parents and
unique justice system responses (i.e., Daly and Bordt who were religious were less likely to hit their parents.
1995). Thus far, there is no literature addressing this issue Finally, other research has shown that schools and police
in the juvenile population. This study is an exploratory step have previously identified adolescent family offenders as
to understanding how the justice system processes youthful problem children (Cornell and Gelles 1982; Kratcoski
offenders who victimize their family members. 1985; Paulson et al. 1990). Because parenting style and
external behavior problems can be affected by formal
intervention mechanisms, previous research demonstrates
the need to understand how formal social control agents,
Adolescent Family Violence such as the juvenile justice system, currently address adoles-
cent family violence offenders in order to better address the
Though sibling violence is most common, much of the phenomenon in the future.
literature that describes adolescent family violence focus-
es on CPV. Self-report and official records show that
when adolescents physically act out against parents, the
mother is the most likely victim (Agnew and Huguley Juvenile Justice Intervention
1989; Cornell and Gelles 1982; Cottrell and Monk 2004;
Evans and Warren-Scholberg 1988; Massachusetts Trial As mentioned, there has been little scholarly attention devoted
Court Office of Probation 1994; Pagelow 1989). Mothers to justice intervention with adolescent family violence
may be the main recipients of adolescent family violence offenders. Cornell and Gelles (1982) note that only the
because of a time-at-risk factor, as mothers tend to spend most violent family attacks may come to the public’s
more time with their children than fathers (Cottrell and attention. CPV may be more likely to attract such attention
Monk 2004). The exception to mothers as victims is in (Massachusetts Office of Probation 1994) because of the
cases of parricide where fathers are most likely to be killed cultural importance of the child–parent bond and the notion
(Heidi 1992). that sibling conflict is part of normal adolescent develop-
Regardless of the target of such violence, research ment (Dunn and Kendrick 1982). Examining those incidents
suggests that young children who have been victimized by that do reach the attention of the justice system, however, is
their parents take out their victimization on their parents an appropriate start to providing understanding about the
when they reach adolescence and later on their spouses in justice response as well as implications for intervention and
adulthood (Browne and Hamilton 1998; Cornell and Gelles policy.
1982; Cottrell and Monk 2004; Ulman and Straus 2001). In their descriptive study of CPV incidents that came to
These findings support CPV as the intermediary step in the the attention of police, Evans and Warren-Scholberg (1988)
intergenerational transmission of violence. found that of all domestic violence calls reported to police,
J Fam Viol (2007) 22:501–509 503

5% were child to parent. Over half of those calls involved This research examines if the juvenile court treats adolescent
some type of physical assault, and 75% of the calls were family offenders more leniently than non-family offenders.
initiated by parents. Approximately one third of adolescent
to parent violence calls resulted in an arrest of the
adolescent. The authors believed the rate of arrest was
high, given that police officers generally did not consider Methodology
CPV calls as serious as other calls for assistance. Informal
interviews with police officers revealed that officers were The study is an outgrowth of an applied project that
frustrated in not being trained to mediate CPV calls, and addressed issues of detained youth. That previous research
this may be why arrests occurred more frequently than what showed that 43% of detainees in four counties of a
would be expected in parent–child conflict situations. northeastern state were adolescent family violence
Evans and Warren-Scholberg (1988) also found that girls offenders (Gebo 2002). Because so many youth were
and boys offended approximately equally, but girls were detained for family offenses, the current project was
more likely than boys to use weapons (Also see Charles initiated to explore how the court handled such cases. The
1986). The latter finding stands in stark contrast to national project involves an investigation of juvenile court records
data that shows boys are much more likely than girls to use for all juvenile detainees for a 1-year period (August 2000–
weapons (Snyder and Sickmund 1999). While the authors August 2001) in four counties in a small Northeastern state.
did not postulate reasons for the contradiction, it may be Detainees are juveniles who are placed in secure, locked
that girls who generally are not as physically powerful as custody at any point during their court proceedings.
boys feel that weapons were necessary in order to protect Clearly, there is some selection bias in this research
themselves from harm. These findings point to the need to because police data are not utilized and were, unfortunately,
address gender issues in research on adolescent family unavailable for investigation. Previous research has found
offending. that police discretion is likely to weed out family members
Once adolescent family violence offenders have been from further justice processing (Black 1976; Gottfredson
arrested by police there appears to be little, if any, published and Gottfredson 1988; Miethe 1987). Therefore, any
research that examines court processing. Research and observed differences found in court processing between
theoretical development on adult populations may provide family and non-family cases are likely to be conservative
some insight on the issue. On the whole, results show that given the probability that many more family violence cases
all else being equal those who victimize intimates and are disposed of at the police level than are non-family
family members are punished less severely than those who cases, even when initial arrests are made. Further, not all
victimize strangers and acquaintances (Dawson 2004). youth involved with the juvenile justice system are
These findings are consistent with Black’s (1976) theory detained, yet because this study compares detained youth
of law, which states that the more familiarity in the victim– who differ on the characteristic of victim relationship, such
offender relationship, the less law and more leniency there an examination is an appropriate starting point for the
will be by formal social control agents. Some recent exploration of the court response to adolescent family
research on adult family violence offenders, however, violence.
shows a change in court behavior away from leniency for Court records are the units of analysis and contain a
family violence cases and toward more parity with similarly wealth of information on youthful offenders. Available data
situated non-family cases (Warner 1996). This may be includes information on legal factors, such as present
because of a growing recognition that family violence cases offense charges, prior history, and weapon use. Extra legal
are a serious matter for the justice system (Hart 1993). factors, or social characteristics, also are contained in court
Using Black’s (1976) theory of law as a guide for this files. These include demographic information as well as the
research, it is hypothesized that the juvenile court operates child’s family, school, mental health, and substance abuse
consistent with the theory. Family cases, both CPV and histories. Information from court reports was coded into an
other family, will be treated more leniently than non-family SPSS file for further processing.
cases. In the juvenile court, the primary focus is on a To ensure appropriate comparisons across family and
holistic view of the child rather than on punishment. non-family categories, only youth who were charged with
Judiciary may believe that more lenient treatment of family personal assault and/or battery were included in the
offenders may be in the best interest of the family (See analysis. This includes youth who verbally threaten others
Miethe 1987). Because of the historical orientation of the and those who actually assault others, as there is no legal
juvenile court, parity changes that may be occurring at the distinction between the two types of violence. There were
adult level may not have taken hold at the juvenile level. 132 detentions of these youth over the year period. Fifty-five
504 J Fam Viol (2007) 22:501–509

Table 1 Population description


(N=132) Family offenders Non-family offenders
(n=72) (n=60)

Offense severity 89%a misdemeanor 64% misdemeanor


Prior offenses 44%a none 36% none
Weapon use 11% used weapon 12% used weapon
Age 15 yrs. (ave.) 15 yrs. (ave.)
Sex 58%a male 81% male
Ethnicity 82% white 81% white
Family structure 49% single parent (mother) 39% single parent
(mother)
Educational disability 59% disability 70% disability
a
Significantly different from Mental health diagnosis 48% diagnosed 46% diagnosed
non family offenders; p<0.01

percent (n=72) were detained for family violence offenses, family offenders are significantly more likely to have no
primarily because of sibling violence or CPV. prior juvenile justice system history than are non-family
Some scholars propose that sibling violence and CPV offenders. Overall, adolescent family offenders seem to be
may stem from different processes (Paulson et al. 1990). less serious offenders than their non-family offender counter-
From a pure etiological standpoint, this distinction, if parts. Family offenders also are more likely to commit
upheld, is important. If, however, the court system does relatively minor offenses than are non-family offenders.
not differentiate between these victims during processing, Turning to a more detailed examination of the family
adolescent family offenders should be compared as a group violence sample, Table 2 analysis shows that mothers are
to non-family offenders. Initial analysis of this data the most likely victims of adolescent family violence,
(analysis available from the author) revealed that the court comprising 52% of those victimized. This is consistent with
does not differentiate treatment according to family vio- prior research on the topic. Mothers may be the most likely
lence type (i.e. sibling or CPV), so subsequent analyses victims of adolescent attacks because they are most likely
shown here combine all types of family violence into the to be the caretakers of these youth. As discussed, Table 1
category of ‘family violence offenders’. shows that almost half (49%) of adolescent offenders are
living with single-parent mothers. Males and females are
Univariate and Bivariate Analyses equally likely to victimize their mothers. Victimizations of
sisters and brothers, as well as victimizations of more than
Table 1 describes the population of offenders and provides one family member, occurred with the same frequency
some comparative information with the non-family popu- (11%). There were no significant differences between the
lation. Adolescent family violence offenders are only gender of the offender and the relationship to the victim,
slightly more likely to be male (58%) than female. The though males were slightly more likely to victimize their
age of family offenders ranges from 10–16, while the fathers and their sisters than were females.
average age of family offenders is 15. Most family
offenders are white. Sixty percent of these youth come
from single parent homes, and almost half of these youth Table 2 Family victim relationship by gender of offender (N=64)a
are from single-parent mother homes. Fifty-nine percent of
these youth are labeled educationally disabled, while 11% Victim relationship Male Female Total
of the offenders are likely to use weapons. There are few offender offender (%)
(%) (%)
offenders who use weapons in family violence situations,
yet female family violence offenders are more likely to use Mother 52.8 51.9 52.4
weapons than male family offenders (16.1 vs. 7.1%). Father 11.1 7.4 9.5
Overall, these youth are relatively minor offenders. Most Brother 11.1 11.1 11.1
also have no track record with the juvenile justice system. Sister 13.9 7.4 11.1
When compared at the bivariate level to non-family More than one Family 11.1 11.1 11.1
member
offenders, several significant relationships stand out. Females
are significantly more likely to be in detention for family a
In eight cases, the victim-offender family relationship could not be
violence offenses than non-family offenses. Generally, determined from the available data
J Fam Viol (2007) 22:501–509 505

Multivariate Analysis be correlated with how the court handles juvenile offenders
(i.e. Singer 1996). Victim relationship is added to the third
A correlation matrix of all variables utilized in the logistic model to assess if family relationships do indeed make a
regression analysis is located in the Appendix. A brief difference in how cases are processed when controlling for
description of the variables is provided here. Legal legal and extra legal factors.
variables included offense severity coded by state catego- Model 1 shows that when considering solely legal
rizations of Level I (not serious) to Level IV (very serious); factors, prior offenses is the only variable significantly
whether or not there were multiple charges (n/y); number related to case disposition. Those youth who have prior
of prior offenses; and weapon use (n/y). Extra legal offense histories are two times more likely to receive a
variables included gender (m/f), age, race (white/other), disposition of commitment to an institution, all else being
family structure (two parent, single parent, other living equal. As a whole, Model 1 shows that legal factors alone
arrangement). do not fit the data well (model chi square=0.16). Other
Other extra legal variables included whether or not factors are needed to explain how the court addresses
offenders had any of the following diagnoses: mental health interpersonal offending.
(n/y), substance abuse (n/y), or educational disability (n/y). The addition of extra legal variables is a better fit to the
Finally, the victim relationship (non-family/family) was data (model chi square=0.38). Model 2 shows that prior
coded. The dependent variable in the analysis is whether offenses continues to be the most strongly related variable to
youth were sentenced to community dispositions (i.e. case disposition, but two extra legal variables also are sig-
probation), which is considered more lenient treatment than nificantly related to case disposition: educational disability
out-of-home dispositional commitments to institutions, and mental health diagnosis. Youth who have either educa-
such as residential facilities or training schools (community tional disabilities or mental health diagnoses are more likely
placement/commitment). to be committed to institutions, all other things being equal.
Three separate models in Table 3 are used to assess how Consistent with its historical mandate, the juvenile court does
the court handles juvenile offenses against other persons. take social characteristics into account at disposition.
The first model includes only legal variables, or those Model 3 is an even better fit to the data (model chi
variables related to the present offense and prior offenses. square=0.43). Victim relationship does indeed have a
Generally, these have been shown to be the most strongly strong effect on case disposition. The hypothesis of more
related to eventual case disposition (i.e., Bishop and Frazier lenient treatment toward family offenders is supported.
1996; Feld 1991; Mears and Field 2000). The second model Youth who victimize a family member are 3.85 times more
includes extra legal factors that, while traditionally are not likely to be released into the community than non-family
as strongly related to disposition, also have been shown to offenders when legal and extra legal factors are taken into

Table 3 Disposition of family versus non family offenders1 (N=132)

Mode 1: legal variables Model 2: extra legal variables Model 3: victim relationship

B Exp(B) B Exp (B) B Exp(B)

Offense 0.31 (0.29) 1.36 0.59 (0.34) 1.81 0.38 (0.35) 1.47
Priors 0.732 (0.19) 2.07 0.882 (0.22) 2.41 0.742 (0.22) 2.10
Multiple −0.67 (0.44) 0.51 −0.92 (0.52) .40 −1.02 (0.53) 0.36
Weapon −0.20 (0.70) 0.82 0.13 (0.76) 1.14 0.35 (0.82) 1.42
Gender 0.81 (0.52) 2.25 1.102 (0.56) 3.01
Age 0.12 (0.20) 1.12 0.14 (0.21) 1.14
Ed. disability 1.442 (0.56) 4.22 1.252 (0.58) 3.51
Fam structure 0.28 (0.39) 1.32 0.22 (0.42) 1.25
MH diagnosis 1.012 (0.49) 2.74 1.202 (0.51) 2.99
Subs ab diag. 0.30 (0.55) 1.35 0.29 (0.58) 1.34
Victim Relation −1.352 (0.52) 0.26
−2 Log likelihood 145.19 125.50 118.39
Model chi sq 0.16 0.38 0.43
1
Standard errors in parentheses
2
Significant at the 0.05 level
506 J Fam Viol (2007) 22:501–509

consideration. The court does not treat family offenders as Table 4 Court-ordered therapy for community released offendersa
(n=87)
harshly as offenders who direct violence toward non-family
members. Therapy Family Non-family Total (%)
In addition, Model 3 shows that prior offenses, mental offender (%) offender (%)
health diagnoses, and educational disabilities continue to be
None 41.4 44.8 42.5
related to case disposition. Interestingly, gender also
Individual 36.2 31.0 35.5
becomes significantly related to how cases are processed Family 22.4 24.2 23.0
in the last model. This would appear to be due to an
a
interaction effect between gender and victim relationship. Chi-square = n.s.
An interaction term was run in the model, but it was not
statistically significant, most likely because there were so When examining community dispositions, the majority
few cases to detect such a relationship. A further examina- (57%) of youth had some sort of therapy requirement
tion of elaboration tables showed that while family violence attached to their dispositions. Approximately one third of
cases are generally treated more leniently, females who all youth on community disposition were required to attend
commit family violence acts and who have prior offense individual counseling, while another 23% were required to
histories are more likely to be committed to institutions attend family counseling. Given that family violence youth
than their male counterparts. Such findings again demon- may have specific family issues that need to be addressed, it
strate the need to examine gender differences more closely is surprising that more youth are not mandated to family
in future research on adolescent family offending. counseling.
In sum, analysis of dispositional data shows that, all
other things being equal, family violence offenders are
more likely to be released to a community sentence at
disposition. The hypothesis that family violence offenders Discussion
are treated more leniently was supported, though the
number of priors is the strongest predictor of disposition, Consistent with Black’s (1976) theory of law, victim relation-
regardless of victim relationship. These findings also ships matter in the disposition of adolescent interpersonal
underscore the need to examine gender, victim relationship, violence cases. Overall, multivariate analysis shows that
and court treatment more closely. adolescent family violence offenders are treated more
leniently by the court than non-family offenders, all else
Community Sentences being equal. In addition, family offenders are no more
likely to receive family intervention though research
As discussed, justice response to adolescent family violence shows that family violence incidents are most likely
is crucial because such acts may play a role in the symptomatic of deeper family issues (Presser and Gaarder
intergenerational transmission of violence. In this study, 2000). The fact that juvenile family violence offenders
most (80%) family violence offenders are released back to comprise a large portion of those detained and the
the community. It therefore makes sense to examine what proposition that the intergenerational transmission of
the community dispositions for these offenders entailed violence operates through adolescent family violence
when compared to non-family offenders who are released further underscores the need to address these types of
back into the community. family offenders. Ultimately, the question of how the
Some scholars have advocated a family-centered ap- justice system should respond needs to be answered, but
proach as the most appropriate method to address family more research is needed to better assist in that regard. This
violence and CPV in particular (Browne and Hamilton study is a step in that direction.
1998; Madden and Harbin 1983; Micucci 1995; Wilson The data are limited as detained youth are not
1996). One specific area in which differences between representative of all youth who enter the juvenile justice
adolescent family offenders and non-family offenders may system. As discussed, however, it is likely that actual
be seen is in the court ordering of counseling. It is logical to differences in the system treatment of family violence
expect that family violence offenders would be more likely youth are more pronounced than what was observed as
to be court ordered to family therapy than non-family police discretion may weed out the less serious family
offenders because they victimized family members. Table 4 offenders. Further, study findings cannot be generalized
shows that there were no significant differences in court to a larger population than the one from which it
ordered counseling between family and non-family originated. This study is quantitative, though other
offenders. researchers who have examined the justice response to
J Fam Viol (2007) 22:501–509 507

family violence discuss the importance of understanding The family literature also does not provide a course for
the context of the incident (Daly 1994; Rapaport 1991). policy action. Traditional feminist analysis would promote
Some incidents may be mutually combative situations that equal treatment as the basis for recognizing that family
cannot easily be captured by quantitative research that violence should be taken seriously. Further, given that
relies on archival data. The phenomenon of adolescent adolescent family violence could be the ‘missing link’ in
family violence must be better explored from etiology, the intergenerational transmission of violence, there is all
with variables such as child abuse history, to justice the more reason for the court to take such matters seriously.
response, to outcomes for youth and their families. This is Rapaport (1991) believes that more leniency in family cases
best addressed through the triangulation of qualitative and sends a message that the family is unimportant. She further
quantitative methodologies. argues that such results show that the system is supportive
A central policy concern from these findings is whether of patriarchal values, given the reality that women are more
or not the disparity in sentencing observed is appropriate. likely to be injured or killed by their family members than
From an equitability standpoint, offenders may receive by someone else. Following this logic, the court should
more lenient treatment in known offender–victim cases as treat adolescent family offenders the same as non-family
the court recognizes some victim culpability in the incident offenders.
(Miethe 1987). CPV, and more broadly adolescent family In contrast, Daly and Bordt (1995) argue for movement
violence, including other family abuse, such as sibling beyond an equal treatment model. In their examination of
abuse, may be reciprocal. Several studies have found that women offenders, they state that “gender-linked forms of
youth reported using violence against their parents con- disparity may display the justice system’s recognition of gender
comitantly when parents used violence against them differences” (p. 164). Disparity would include taking
(Brezina 1999; Browne and Hamilton 1998; also see family issues, such as a women’s role as caregiver, into
McNeece and Jackson 2003). Using a national survey of account. Disparity is appropriate based on individual
boys, Brezina (1999) postulated a strain model for family circumstances. Under Daly and Bordt’s (1995)
adolescent family violence wherein CPV acted as a coping assessment of the response to family violence, the court
mechanism for parent to child violence. He also found that should look more closely at adolescent family offenders to
CPV deterred further violence on the part of the parents. determine whether community dispositions are most appro-
Downey (1997) also found similar results with her research priate, and if so, to provide suitable services to the youth and
on Australian youth. their families.
In contrast to findings that violence is reciprocal, other Future research must delve deeper into the gender issues
researchers have hypothesized that because adolescents of adolescent family violence cases. Females constitute
may be bigger and stronger than their parents, violence is almost half of the offenders, and they are more likely to use
unidirectional-child to parent (Cottrell and Monk 2004; weapons than males. In other research, females described
Straus et al. 1980). Justice response may vary depending on their violence toward family members as arising out of a
whether the violence is reciprocal or unidirectional. need for self defense or for self-protection (Cottrell and
Reciprocal violence is certainly more complicated as the Monk 2004; McNeece and Jackson 2003). Such descrip-
justice system may contend with issues similar to those faced tions coincide with Chesney-Lind’s (1997) characterization
when addressing mutual combat in partner violence situa- of ‘survival strategies’ wherein girls develop methods, such
tions. In either case to better address intervention efforts and as acting out toward family members, to end or to cope
policy issues, justice response must be examined. with abusive situations. Female adolescent family violence
Beyond the idea of fairness, research on adolescents incident may involve different dynamics than incidents
shows that youth who become involved with the juvenile involving males and may need different intervention
justice system are more likely to continue to be involved strategies, and therefore must be explored in more depth.
and penetrate deeper into the system (Fagan and Wexler Future research also must address all aspects of
1987; Simkins and Katz 2002). Thus, the less intrusive the adolescent family violence as little is known about the
intervention, the better. Yet other research shows that the phenomenon and about how formal social control agents
justice response can provide crucial intervention for youth respond to the issue. Justice responses to adult family
who engage in law-breaking behavior (Eckstein 2004; violence incidents have been the subject of much interven-
Howell 1997). Leniency may not be the best method to tion research and policy debate, yet adolescent family
address the phenomenon. Previous adolescent research, violence, which may indeed be a precursor to such
then, does not provide a clear direction for policy as it violence, also must be subjected to the same scrutiny.
shows that justice response can have negative and positive Appropriate justice responses may equate to better family
outcomes for youth. functioning and to less violence in adulthood.
508 J Fam Viol (2007) 22:501–509

Appendix

Table 5 Correlation matrix of variables in analysis

1 2 3 4 5 6 7 8 9 10 11

1 Weapon 1.00
2 Offense 0.37** 1.00
3 Priors 0.11 −0.01 1.00
4 Multiple 0.03 0.21* −0.18* 1.00
5 Gender 0.01 −0.11 −0.08 −0.09 1.00
6 Ed dis. −0.08 −0.10 −0.01 0.04 −0.11 1.00
7 Race 0.14 0.11 0.18* −0.11 0.01 −0.22* 1.00
8 Age −0.13 −0.05 0.06 −0.16 0.04 0.01 0.07 1.00
9 Fam stat −0.00 0.08 0.05 −0.05 0.07 −0.08 0.11 0.03 1.00
10 MH Dx −0.15 −0.12 0.09 0.11 0.06 0.21* −0.09 −0.15 0.12 1.00
11 Sub ab 0.01 −0.08 0.02 −0.05 0.04 0.16 0.02 0.13 −0.01 −0.03 1.00
12 Victm −0.01 −0.27** −0.27** −0.04 0.24** −0.11 −0.01 −0.01 −0.02 −0.12 −0.01

*Significant at the 0.05 level


**Significant at the 0.01 level

References Eckstein, N. (2004). Emergent issues in families experiencing


adolescent-to-parent abuse. Western Journal of Communication,
68, 365–388.
Agnew, R., & Huguley, S. (1989). Adolescent violence toward Evans, E. D., & Warren-Scholberg, L. (1988). A pattern analysis of
parents. Journal of Marriage and the Family, 51, 699–711. adolescent abusive behavior toward parents. Journal of Adoles-
Bishop, D., & Frazier, C. (1996). Race effects in juvenile justice cent Research, 3, 200–216.
decision-making: Findings of a statewide analysis. The Journal Fagan, J., & Wexler, S. (1987). Family origins of violent delinquents.
of Criminal Law and Criminology, 86, 392–414. Criminology, 25, 643–669.
Black, D. (1976). The behavior of law. New York: Academic. Feld, B. (1991). Justice by geography: Urban, suburban, and rural
Browne, K. D., & Hamilton, C. E. (1998). Physical violence between variations in juvenile justice administration. The Journal of
young adults and their parents: Associations with a history of Criminal Law and Criminology, 82, 156–210.
child maltreatment. Journal of Family Violence, 13, 59–79. Gebo, E. (2002). Juvenile justice reform: A tale of two systems.
Brezina, T. (1999). Teenage violence toward parents as an adaptation Doctoral dissertation. University of New Hampshire.
to family strain. Youth & Society, 30, 416–444. Gottfredson, M. R., & Gottfredson, D. M. (1988). Decision making in
Charles, A. V. (1986). Physically abused parents. Journal of Family criminal justice (2nd ed.). New York: Pleneum.
Violence, 1, 343–355. Harbin, H. T., & Madden, D. J. (1979). Battered parents: A new
Chesney-Lind, M. (1997). The female offender: Girls, women, and syndrome. American Journal of Psychiatry, 136, 1288–1291.
crime. Thousand Oaks: Sage. Hart, B. (1993). Battered women and the criminal justice system.
Cornell, P., & Gelles, R. (1982). Adolescent to parent violence. The American Behavioral Scientist, 36, 624–639.
Urban and Social Change Review, 15, 8–14. Heidi, K. (1992). Why kids kill parents: Child abuse and adolescent
Cottrell, K., & Monk, P. (2004). Adolescent-to-parent abuse: A homicide. Columbus, OH: Ohio State.
qualitative overview of common themes. Journal of Family Howell, J. (1997). Juvenile justice and youth violence. Thousand
Issues, 25, 1072–1095. Oaks, CA: Sage.
Daly, K. (1994). Gender, crime, and punishment. New Haven, CT: Kratcoski, P. C. (1985). Youth violence directed toward significant
Yale University Press. others. Journal of Adolescence, 8, 145–157.
Daly, K., & Bordt, R. L. (1995). Sex effects and sentencing: An analysis Madden, D. J., & Harbin, H. T. (1983). Family structures of assaultive
of the statistical literature. Justice Quarterly, 12, 141–173. adolescents. Journal of Marital and Family Therapy, 9, 311–316.
Dawson, M. (2004). Rethinking the boundaries of intimacy at the end Massachusetts Trial Court Office of the Commissioner of Probation
of the century: The role of victim–defendant relationship in (1994). Young adolescent batterers: A profile of restraining order
criminal justice decisionmaking over time. Law & Society defendants in Massachusetts. Boston, MA.
Review, 38, 105–138. McNeece, C. A., & Jackson, S. (2003). The context of female juvenile
Downey, L. (1997). Adolescent violence: A systemic and feminist domestic violence: Analysis of secondary data from the Florida
perspective. Australia & New Zealand Journal of Family Delinquent Girls Research Project. Paper presented at the Annual
Therapy, 18, 70–79. Meeting of the Academy of Criminal Justice Sciences, Boston, MA.
Dunn, J., & Kendrick, C. (1982). Siblings: Love, envy, and Mears, D., & Field, S. (2000). Theorizing sanctioning in a
understanding. Cambridge, MA: Harvard University Press. criminalized juvenile court. Criminology, 38, 983–1019.
J Fam Viol (2007) 22:501–509 509

Micucci, J. A. (1995). Adolescents who assault their parents: A family Simkins, S., & Katz, S. (2002). Criminalizing abused girls. Violence
systems approach to treatment. Psychotherapy, 32, 154–161. Against Women, 8, 1474–1500.
Miethe, T. D. (1987). Stereotypical conceptions and criminal process- Singer, S. (1996). Recriminalizing delinquency: Violent juvenile crime
ing: The case of the victim–offender relationship. Justice and juvenile justice reform. NY: Cambridge.
Quarterly, 4, 571–593. Snyder, H., & Sickmund, M. (1999). Juvenile offenders and victims:
Peek, C. W., Fischer, J. L., & Kidwell, J. S. (1985). Teenage violence 1999 national report. Washington, DC: OJJDP.
toward parents: A neglected dimension of family violence. Straus, M. A., & Gelles, R. (1992). Physical violence in American
Journal of Marriage and the Family, 47, 1051–1058. families: Risk factors and adaptations to violence in 8,145
Pagelow, M. D. (1989). The incidence and prevalence of criminal families. New Brunswick, NJ: Transaction.
abuse of other family members. In L. Ohlin & M. Tonry (Eds.), Straus, M. A., Gelles, R., & Steinmeitz, S. (1980). Behind closed
Family violence, crime and justice: A review of research (Vol. 11, doors. New Brunswick, NJ: Transaction.
pp. 263–313). Chicago: University of Chicago. Ulman, A., & Straus, M. A. (2001). Violence by children against
Paulson, M. J., Coombs, R. H., & Landsverk, J. (1990). Youth who mothers in relation to violence between parents and corporal
physically assault their parents. Journal of Family Violence, 5, punishment by parents. Journal of Comparative Family Studies,
121–133. 34, 41–60.
Presser, L., & Gaarder, E. (2000). Can restorative justice reduce Warner, K. (1996). Sentencing the violent spouse. Psychiatry,
battering? Some preliminary considerations. Social Justice, 27, Psychology, and the Law, 3, 107–117.
175–196. Wilson, J. (1996). Physical abuse of parents by adolescent children. In
Rapaport, E. (1991). The death penalty and gender discrimination. D. M. Busby (Ed.). The impact of violence on the family (pp.
Law & Society Review, 25, 367–383. 101–122). Needham Heights, MA: Allyn Bacon.
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