Can Courtroom Behavior Predict Recidivism? An Assessment of the Courtroom Behavior Check List for Women Presenting in Drug Court

Abstract

The U.S. criminal justice system is overwhelmed with individuals affected by substance use and psychiatric disorders often co-morbid with criminal behavior. Locally, an evaluation of St. Louis downtown municipal ordinance violators found that 49 % of offenders reported mental health problems, 30 % reported alcohol-related problems, 86 % had a history of prior arrests and 71 % had failed to appear in the St. Louis City Municipal Court within the previous 2 years (Downtown St. Louis Community Court Evaluation Report, St. Louis, MO). These compounded conditions and their corresponding treatment needs are costly and complicate correctional rehabilitation efforts. Drug courts have emerged as alternative ‘therapeutic jurisprudence’ avenues designed to reduce drug use and associated individual risk behaviors. Unfortunately, there are few evidence-based measures available for rapid, onsite evaluation of an individuals’ potential for success with drug court. A new assessment tool, the Courtroom Behavior Check List (CRBCL), was developed to measure behavioral compliance in court as a predictor of future behavior, as we believed that behavior in court would predict future criminal behavior. We found scores on the CRBCL declined (e.g., improved) among the 127 women interviewed from baseline through the 8-month follow-up, and that a poorer score predicted re-arrest for a criminal offense (OR = 2.84; 95 % CI 1.20–6.69). Based upon these findings, the CRBCL may be a useful tool to measure the likelihood of re-offending among women in drug court. Policy implications and directions for future research are discussed.