Delinquent or Distracted - Attention Deficit Disorder and the Construction of the Juvenile Offender
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Attention Deficit Disorder and the
Construction of the Juvenile Offender
Rashmi Goelt
Introduction
William and Billy,1 two boys, each 13 years old, appear in
juvenile court. Neither has any criminal history. Both are doing
poorly in school. Both have been cited for truancy in the past.
Both are appearing on assault charges arising out of schoolyard
fights. If we could peer into their brains, we would find that both
have the same brain chemistry, characteristic of Attention Deficit
Hyperactivity Disorder (ADHD).2 In the end, the court finds one
t. Professor Goel, Assistant Professor, University of Denver, Sturm College of
Law. This Article is dedicated to my brother Sanjay and my husband Michael, with
gratitude for all they have taught me about struggling and striving for success. I
am thankful to colleagues Fred Cheever, Robert Chang, Camille Nelson, and Nancy
Ehrenreich for their insightful commentary and encouragement. Thanks also to
those whose research assistance contributed to this article in ways great and small:
Mandeev Brar, Julie Sheker, Ryan Crane, Leah Jensen, Todd Stoneman, and the
incomparable Diane Burkhardt. Special thanks are owed to the excellent editorial
staff of Law & Inequality: A Journal of Theory and Practice. All errors are my own.
1. William and Billy are fictional characters created for this Article.
2. Since functional impairment is an important aspect in assessing health,
ADHD has been included for some time in the Diagnostic and Statistical Manual
for Mental Disorders (DSM). It was first included in the DSM III, in 1980, and
while the name and definition have undergone some revision, it remains listed in
the revised DSM IV. See AM. PSYCHIATRIC ASS'N, DIAGNOSTIC AND STATISTICAL
MANUAL OF MENTAL DISORDERS: DSM-IV-TR 92-93 (4th ed., text rev. 2000)
[hereinafter DSM-IV-TR] The criteria for diagnosing ADHD are described as:
A. [e]ither (1) or (2):
(1) six or more of the following symptoms of inattention have
persisted for at least 6 months to a degree that is maladaptive
and inconsistent with developmental level: Inattention (a)
often fails to give close attention to details or makes careless
mistakes in schoolwork, work, or other activities (b) often has
difficulty sustaining attention in tasks or play activities (c)
often does not seem to listen when spoken to directly (d) often
does not follow through on instructions and fails to finish
schoolwork, chores, or duties in the workplace (not due to
oppositional behavior or failure to understand instructions)
(e) often has difficulty organizing tasks and activities (f) often
avoids, dislikes, or is reluctant to engage in tasks that require
sustained mental effort (such as school work or homework) (g)
often loses things necessary for tasks or activities (e.g., toys,
school assignments, pencils, books, or tools) (h) is often easily
distracted by extraneous stimuli (i) is often forgetful in daily](ViewImageLocal?handle=hein.journals/lieq27&div=4&collection=&method=preview&ext=.png&size=3)
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Delinquent or Distracted - Attention Deficit Disorder and the Construction of the Juvenile Offender
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