Court Outcomes Research Articles

Recidivism and Psychiatric Symptom Outcomes in a Juvenile Mental Health Court

AbstractFew researchers have examined outcomes in Juvenile Mental Health Courts. Recidivism rates were assessed among 108 predominantly African American (95.3%) youth. Ages ranged from 12 to 18 (M = 15.85, SD = 1.45). Substantially fewer re‐convictions, along with re‐arrests, were exhibited among the treatment group (n = 54) compared to the control group (n = 54) after one year of participation or probation supervision. Psychiatric symptomatology among 21 youth was assessed pre‐ and post‐ intervention using the Comprehensive Behavior Rating Scales‐Self Report. Cohen's d effect sizes indicated substantial reductions in mental health symptoms (.33 ≥ d ≤ .88). Results are consistent with the previous studies of problem‐solving court efficacy.

The Influence of Co-Occurring Mental Health and Substance Use Problems on the Effectiveness of Juvenile Drug Courts

The effectiveness of juvenile drug courts is mixed, and several factors could account for these findings. The present study examines whether and why youth with co-occurring mental health problems may have worse outcomes in juvenile drug court than youth who only have issues with substance use. In a sample of youth in juvenile drug court, 328 youth with co-occurring mental and substance use disorders were compared with 336 youth with only substance use disorders. Youth with co-occurring mental health problems had significantly worse criminal justice outcomes than youth without mental health problems. These outcomes were explained, in part, by more frequent violations of the drug court requirements, and in particular, violations surrounding treatment noncompliance. Results suggest that juvenile drug courts—as they currently operate—may be unsuccessfully managing youth who present with co-occurring mental health and substance use problems. Implications for policy and practice are discussed.

Effect of methylphenidate preexposure on methylphenidate-induced conditioned taste avoidance

s / Drug and Alcohol Dependence 146 (2015) e34–e117 e47 Support, traumatization, and employment differences in drug court outcomes Diane Morse1, Catherine Cerulli 1, Sanjukta Bandyopadhyay2, Joseph J. Guido2, Hongmei Yang2, John L. Wilson1, F. Taxman3 1 Psychiatry, University of Rochester School of Medicine, Rochester, NY, United States 2 Biostatistics, University of Rochester School of Medicine, Rochester, NY, United States 3 Criminology, Law & Society, George Mason University, Fairfax, VA, United States Aims: Adult drug treatment court (ADTC) outcomes in relation to social support, trauma, and employment are poorly understood. We examined these outcomes and related factors. Methods: Bivariate analysis using chi square and t-test assessed the following outcomes: substance abuse, arrests, health problems, emotional problems, social risk problems, and recovery environment risk using Global Appraisal of Individual Need data collected as part of a multi-site study examining drug use, recidivism, service utilization and treatment. ADTC clients from twelve sites were included (N=666 male, 915 female). Independent variables included: gender, race, age, years of education, income, partner status, employment, social support, traumatization, and traumagenic factors. Results: Social support was associated with a decreased likelihood of arrest (p< .033), substance abuse (p< .001), recovery environment risk (p< .001) and social risk index (p< .001). Victimization within the past year was associated with increased substance use (p< .001), social risk problems (p< .008), and recovery environment risk (p< .001). Employment within the past year was associated with decreased recovery environmental risk (p< .024) and substance use (p< .001). Female gender was associated with an increased likelihood of reduction in substance abuse (p< .038). Conclusions:Desirable ADTCoutcomes derive from: Social support related to 4 of 6 outcomes. Victimization history related to 3 of 6 outcomes. Employment related to 2 of 4 outcomes. Client victimization related to ADTC outcomes. Addressing victimization and employment appear important to improve outcomes, as supported by these findings. Future analyses will examine whether these findings are robust in a multivariate analysis, controlling for trauma-informed treatment as well as a rasch based outcome model to determine factors that affect multiple outcomes. Financial support: NIDA 1K23DA031612-01A1, SAMHSA/Center for Substance Abuse Treatment 270201200001c. http://dx.doi.org/10.1016/j.drugalcdep.2014.09.498 Effect of methylphenidate preexposure on methylphenidate-induced conditioned taste avoidance Mirabella Muller, Bradley B. Wetzell, Shaun M. Flax, Heather E. King, Anthony L. Riley Psychopharmacology Laboratory, Department of Psychology, American University, Washington, DC,

Support, traumatization, and employment differences in drug court outcomes

s / Drug and Alcohol Dependence 146 (2015) e34–e117 e47 Support, traumatization, and employment differences in drug court outcomes Diane Morse1, Catherine Cerulli 1, Sanjukta Bandyopadhyay2, Joseph J. Guido2, Hongmei Yang2, John L. Wilson1, F. Taxman3 1 Psychiatry, University of Rochester School of Medicine, Rochester, NY, United States 2 Biostatistics, University of Rochester School of Medicine, Rochester, NY, United States 3 Criminology, Law & Society, George Mason University, Fairfax, VA, United States Aims: Adult drug treatment court (ADTC) outcomes in relation to social support, trauma, and employment are poorly understood. We examined these outcomes and related factors. Methods: Bivariate analysis using chi square and t-test assessed the following outcomes: substance abuse, arrests, health problems, emotional problems, social risk problems, and recovery environment risk using Global Appraisal of Individual Need data collected as part of a multi-site study examining drug use, recidivism, service utilization and treatment. ADTC clients from twelve sites were included (N=666 male, 915 female). Independent variables included: gender, race, age, years of education, income, partner status, employment, social support, traumatization, and traumagenic factors. Results: Social support was associated with a decreased likelihood of arrest (p< .033), substance abuse (p< .001), recovery environment risk (p< .001) and social risk index (p< .001). Victimization within the past year was associated with increased substance use (p< .001), social risk problems (p< .008), and recovery environment risk (p< .001). Employment within the past year was associated with decreased recovery environmental risk (p< .024) and substance use (p< .001). Female gender was associated with an increased likelihood of reduction in substance abuse (p< .038). Conclusions:Desirable ADTCoutcomes derive from: Social support related to 4 of 6 outcomes. Victimization history related to 3 of 6 outcomes. Employment related to 2 of 4 outcomes. Client victimization related to ADTC outcomes. Addressing victimization and employment appear important to improve outcomes, as supported by these findings. Future analyses will examine whether these findings are robust in a multivariate analysis, controlling for trauma-informed treatment as well as a rasch based outcome model to determine factors that affect multiple outcomes. Financial support: NIDA 1K23DA031612-01A1, SAMHSA/Center for Substance Abuse Treatment 270201200001c. http://dx.doi.org/10.1016/j.drugalcdep.2014.09.498 Effect of methylphenidate preexposure on methylphenidate-induced conditioned taste avoidance Mirabella Muller, Bradley B. Wetzell, Shaun M. Flax, Heather E. King, Anthony L. Riley Psychopharmacology Laboratory, Department of Psychology, American University, Washington, DC,

When does Race and Gender Matter? The Interrelationships between the Gender of Probation Officers and Juvenile Court Detention and Intake Outcomes

Racial and gender disparities in case outcomes have recently been explained by a focus on the characteristics of court officers within the context of the interplay between discretion, stereotyping, and the perceptions of decision-makers. Using data within a single juvenile court jurisdiction, the present study continues this line of inquiry to assess: (1) how race and gender, individually and in combination, influence juvenile justice decision-making and (2) how court outcomes for certain race/gender combinations are conditioned by the gender of the court officer. Results indicate that, to some degree, the race and gender of the youth along with the gender of the court officer influenced case outcomes; however, the findings were not always in the expected direction. The results have implications for broadening the contexts of detention and intake decision-making, and may also better inform efforts to address the equitable treatment of youth in the juvenile justice system.

Supreme Court Outcomes in Criminal Justice Cases (1994-2012 Terms)

This study examines the role of status differential between the involved parties and amici curiae participation in explaining variation in U.S. Supreme Court criminal justice decisions that favor the government interest over the interest of the other party (1994-2012 terms). The study finds status differential between the involved parties to be a significant predictor of outcome. Repeat player effects were found for special interests that file in support of the government entity (U.S. Solicitor General and Criminal Justice Legal Foundation), but not for special interests who file for the other party (the American Civil Liberties Union and National Association of Criminal Defense Lawyers). The study found that greater levels of aggregate amici curiae participation (all interest group activity) in the direction of the other party significantly reduce the likelihood of a case outcome that favors the government. Implications are discussed.

Mental health court outcomes by offense type at admission.

Using a statewide database of mental health court (MHC) defendants, this study examines criminal justice outcomes by target arrest offense type. Findings suggest that defendants with a felony are less likely to complete MHC but those who do are at no greater risk of recidivism post-exit than those with a misdemeanor. In terms of jail days, both completers and noncompleters with a felony had reductions in jail days; however, misdemeanor defendants, especially those who did not complete MHC, had increases. We discuss why MHC supervision may sometimes have a negative effect and offer recommendations on how courts might modify supervision.

Examining the Impact of Case Management in Vancouver’s Downtown Community Court: A Quasi-Experimental Design

BackgroundProblem solving courts (PSC) have been implemented internationally, with a common objective to prevent reoffending by addressing criminogenic needs and strengthening social determinants of health. There has been no empirical research on the effectiveness of community courts, which are a form of PSC designed to harness community resources and inter-disciplinary expertise to reduce recidivism in a geographic catchment area.MethodWe used the propensity score matching method to examine the effectiveness of Vancouver’s Downtown Community Court (DCC). We focused on the subset of DCC participants who were identified as having the highest criminogenic risk and were assigned to a case management team (CMT). A comparison group was derived using one-to-one matching on a large array variables including static and dynamic criminogenic factors, geography, and time. Reductions in offences (one year pre minus one year post) were compared between CMT and comparison groups.ResultsCompared to other DCC offenders, those triaged to CMT (9.5% of the DCC population) had significantly higher levels of healthcare, social service use, and justice system involvement over the ten years prior to the index offence. Compared to matched offenders who received traditional court outcomes, those assigned to CMT (n = 249) exhibited significantly greater reductions in overall offending (p<0.001), primarily comprised of significant reductions in property offences (p<0.001).ConclusionsOur findings indicate that CMT achieved significantly greater reductions in recidivism than traditional court among offenders with complex needs and high numbers of previous offences. Limitations of this research include a non-experimental design and one year follow up. Strengths include a robust matching process and extensive client level data spanning multiple sectors. Further research is needed to replicate the observed outcomes, to investigate the extension of community courts to settings with divergent offender needs and local resources, and to estimate potential cost avoidance attributable to this intervention.

The Newsworthiness of U.S. Supreme Court Criminal Procedure Cases (1994–2010 Terms)

This study examines elite ( New York Times and Washington Post) and populace ( USA Today) media decisions to cover and to intensively cover U.S. Supreme Court outcomes in criminal procedure cases decided in the 1994 through 2010 terms. Two central constructs—case salience and decisional case complexity—are developed as a framework within which to understand media decisions. Case salience is conceptualized both in terms of contextual case salience (measured as the number of amicus curiae briefs filed on the merits) and issue-based case salience (cases that concern the fourth and eighth amendments). Decisional case complexity is measured as the number of unique majority, concurring, and dissenting opinions published as part of the case decision. The study utilizes measures from the U.S. Supreme Court Database developed by Harold Spaeth, supplemented with primary data collection of media articles and amicus curiae briefs. The study finds that case salience measures are the most powerful predictor variables for the decision to publish in both elite and populace press. Case salience measures are also the most dominant set of variables in explaining overall intensity of coverage in populace press. Decisional case complexity is the most important explanatory predictor of overall intensity of coverage in elite press. Theoretical and practical implications of the findings are discussed.

The Many Faces of Prosecution

A quick read through the bulky legal literature about criminal prosecution in the US might lead a reader to conclude that individual prosecutors, and the offices where they work, are very much the same. All prosecution professionals seem to fit the mold, regardless of the region where they work, the size of their office, or their years of experience on the job. This generic portrait of prosecution, and of prosecutors, misses the mark. If one were to look beneath the surface to examine the professionals who work in the more than 2,500 individual prosecutor’s offices in this country, diversity would drive the story—diversity in terms of demographic profile, career plans, office policies, quality of work, and more. The point applies both to individuals and to institutions. At the individual level, one is bound to find some bad apples and some good eggs who work in the prosecutor’s office. As for the institutional setting, there are bad incentives and corrosive cultures that overcome even the best of intentions from the individuals who work there; offices elsewhere create good incentives, with a lot of institutional variation in between. Traditional sources for legal scholarship—cases, statutes, court outcome data, and the secondary literature built upon these sources—allow only a faraway and obstructed view of the pretrial “office” work of prosecutors: their decisions to decline, charge, investigate, and offer terms for plea bargains. It is therefore difficult, using these methodological tools, to appreciate the many faces of prosecution, either in the institutional or the individual sense. These research methods offer a glimpse of single prosecutors working on single cases, or the aggregate post-conviction results of an entire office. Too often, scholars overstate or underestimate a trend, treating one news event or one point in the criminal process as the key to understanding prosecution. They reinforce an essentialist view of prosecutors.

Dispute Resolution in Ottoman Courts: A Quantitative Analysis of Litigations in Eighteenth-Century Kastamonu

Since the emergence of the Weberian notion of “kadijustiz” scholars have debated the ability of Islamic courts to resolve disputes fairly and predictably. For a quantitative analysis of how these courts resolved disputes, we use data from the court records (sicils) of the Ottoman town of Kastamonu and examine whether the judges’ decision followed systematic patterns and whether the patterns were logical. The results show that the trial outcome was influenced by the gender, elite status, religion, and religious markers of litigants. Using the tools and concepts of modern scholarship on dispute resolution, we argue that in resolving disputes Kastamonu courts displayed logical patterns that are consistent with those identified by quantitative analysis of court outcomes in modern societies.

The impact of judge–defendant communication on mental health court outcomes

Previous research has shown that mental health courts have been successful in reducing the rates of recidivism among mentally ill offenders. However, none of these studies, to date, have examined exactly what aspects of the courts reduce these rates of recidivism and what makes them successful. The current study utilized a sample of 291 mentally ill criminal offenders participating in a mental health court to examine whether those participants who were addressed by and communicated with the judge had a reduction in recidivism rates and the severity of new charges in comparison to those who did not. The hypotheses regarding greater judge–defendant communication and recidivism were not supported. This suggests that communication in and of itself is not sufficient to reduce recidivism. Future research of a qualitative nature is essential to identify if the frequency, tone, and valence of the communication results in improved outcomes. In addition, these results may indicate a necessity for more stringent training and guidelines for the maintenance of Mental Health Courts. Results of the current study suggested differences between genders, such that females were spoken to by the judge more frequently than were men.

The Influence of Administrative Law Judge and Political Appointee Decisions on Appellate Courts in National Labor Relations Board Cases

Scholars have long been simultaneously concerned with the factors that influence appellate court decision making and the level of deference that the courts allow for agencies. However, scholars have treated administrative agencies as unitary actors with a single level of decision making, but in reality agency decisions involve input from multiple actors within the agency. I argue that appellate courts rely more heavily on decisions made by actors in the bureaucracy with greater levels of expertise and who are less politically motivated as cues in their decision making. This theory is bolstered by legal precedent in the area of administrative law that suggests courts should more heavily rely on the expert judgment of administrative judges. Thus, as a result of their increased expertise, appearance of political neutrality, and institutional support, courts will be more reliant on decisions issued by administrative law judges (ALJs) than those issued by the political appointees as cues in their decision making. Using over 300 unfair labor practice decisions issued by the federal appeals courts on review of cases from the National Labor Relations Board (NLRB or Board), I develop a model of appeals court decision making in unfair labor practice cases as a function of the initial decision of the ALJ, the final order of the political appointees of the NLRB, case characteristics, the ideology of the deciding appeals court panel, Supreme Court influence, and economic factors. Though the ideology of the court plays a role in its decision making, cues from ALJ decision making and that of the Board weigh more heavily in appellate court outcomes. However, cues from ALJ decisions play the most consistent role in appellate court decision making, even in more difficult cases. This has important implications for agency strategy in courts and suggests that future research should consider the influence of lower‐level decision making over appellate court decision making in the area of administrative law.

An Experimental Trial of Adaptive Programming in Drug Court: Outcomes at 6, 12 and 18 Months.

Test whether an adaptive program improves outcomes in drug court by adjusting the schedule of court hearings and clinical case-management sessions pursuant to a priori performance criteria. Consenting participants in a misdemeanor drug court were randomly assigned to the adaptive program (n = 62) or to a baseline-matching condition (n = 63) in which they attended court hearings based on the results of a criminal risk assessment. Outcome measures were re-arrest rates at 18 months post-entry to the drug court and urine drug test results and structured interview results at 6 and 12 months post-entry. Although previously published analyses revealed significantly fewer positive drug tests for participants in the adaptive condition during the first 18 weeks of drug court, current analyses indicate the effects converged during the ensuing year. Between-group differences in new arrest rates, urine drug test results and self-reported psychosocial problems were small and non-statistically significant at 6, 12 and 18 months post-entry. A non-significant trend (p = .10) suggests there may have been a small residual impact (Cramer's ν = .15) on new misdemeanor arrests after 18 months. Adaptive programming shows promise for enhancing short-term outcomes in drug courts; however, additional efforts are needed to extend the effects beyond the first 4 to 6 months of enrollment.

Purposing and Repurposing Harms

The purpose of the victim impact statement (VIS) is to inform judges of victims' crime-related physical, psychological, and financial harms. Findings from interviews with Canadian sexual assault victims, advocates, victim services workers, and prosecutors (N = 37) demonstrated that harm descriptions were manipulated by victims and others in keeping with, and contrary to, VIS design. Victims and prosecutors purposed the VIS to inform court outcomes through harms claims and struggles over those claims. The repurposing of harms claims occurred through practices of strategic disclosure, intended to effect changes in others' behaviors, and harm peddling, the circulation of the VIS in nonsentencing arenas. Victims, adversaries, and criminal justice professionals engaged in harm peddling to obtain compensation, child custody, and parole delay. Implications of purposing and repurposing harms claims include novel opportunities and legal pitfalls for victims, varied responses by judges, and an expansion of social control over victims and offenders.

Psychiatric Characteristics of Homicide Defendants

The authors examined the rate of mental disorders in an unselected sample of homicide defendants in a U.S. jurisdiction, seeking to identify psychiatric factors associated with offense characteristics and court outcomes. Defendants charged with homicide in a U.S. urban county between 2001 and 2005 received a psychiatric evaluation after arrest. Demographic, historical, and psychiatric variables as well as offense characteristics and legal outcomes were described. Bivariate analyses examined differences by age group and by race, and logistic models examined predictors of multiple victims, firearm use, guilty plea, and guilty verdict. Fifty-eight percent of the sample had at least one axis I or II diagnosis, most often a substance use disorder (47%). Axis I or II diagnoses were more common (78%) among defendants over age 40. Although 37% of the sample had prior psychiatric treatment, only 8% of the defendants with diagnosed axis I disorders had outpatient treatment during the 3 months preceding the homicide; African Americans were less likely than non-African Americans to be in treatment. African American males were more likely to use a firearm and to have a male victim. In exploratory analyses, psychiatric factors did not predict multiple victims, firearm use in the crime, or a guilty verdict. Rates of axis I disorders were lower than reported in previous studies. Few homicide defendants were in psychiatric treatment at the time of the crime, suggesting limited opportunities for prevention by mental health providers.

Gender, Race, and Juvenile Court Outcomes

The intersectionality perspective suggests that the treatment of females and minority youth may be based on one’s social location in terms of oppression and privilege. Applying this perspective to juvenile court outcomes and based on prior research, the current study attempts to understand the individual and joint effects of gender and race on the treatment of status offenders at two decision-making stages of the juvenile justice system. Results from juvenile court referrals in two mid-Atlantic states indicate that gender and race, both individually and in combination, impact case outcomes in terms of both severity and leniency. While results are not always in the anticipated direction, the findings reveal that gender and race still matter in the decision to receive a court referral at intake and whether to adjudicate status offenders.

Minority Threat and Juvenile Court Outcomes

Framed within the racial/ethnic threat thesis, the present research examined the relative effects of the size of minority populations and the ratios of White-to-minority unemployment on intake, adjudication, and judicial disposition decision making within juvenile court proceedings. Communities with greater Black and Hispanic presence and greater economic equality were expected to increase the social control for youth up to a point, where social control would then diminish. These relationships were anticipated to be stronger for Blacks than Hispanics. The overall pattern of results failed to yield support specifically for these hypothesized effects and in general, for the minority threat perspective. Implications for theory and future research are discussed.

Justice and revenge in online counter-publics: Emerging responses to sexual violence in the age of social media

This paper is concerned with the impact of online technologies on public representations of sexual violence. Drawing on Habermas’s theories of the public sphere and Fraser’s associated critiques, it argues that the Internet has become host to ‘counter-publics’ in which allegations of sexual violence are being received, discussed and acted upon in ways contrary to established social and legal norms. The potentialities of online technology (and social media in particular) to foster and disseminate counter-hegemonic discourses are examined through three case studies in which girls and women have used various online platforms to make extrajudicial allegations of sexual violence and abuse. Where alleged perpetrators of sexual violence are publicly named, it has been argued that such action represents an invasion of their privacy and a subversion of their right to the presumption of innocence and a fair trial. In online contexts such allegations can be received and understood very differently, and these understandings are then circulated in ways that can directly influence ‘old media’ coverage and court outcomes. However, as the paper notes, the principles upon which online counter-publics operate are not radically discontinuous with those of the hegemonic public sphere and not all girls and women have equal access to the support of online networks and activists.

Calgary's Specialized Domestic Violence Court: An Evaluation of a Unique Model

Specialized domestic violence courts are a recentinnovation in the justice system’s response to domestic violence, with the objective of more effectively addressing domestic violence by jointly holding offenders more accountable and improving safety for victims. Calgary’s court, developed in 2001, began as a unique model focusing on DV specialization in the docket court, speeding entry into the justice system,and treatment for low risk offenders. In 2005, DV specialization was expanded to the trial court. This article presents data on over 6,407 cases from a ten-year period, 1998 to 2008, capturing the development of the model over the years from baseline, specialized docket to specialized trial courts. The results cover the characteristics of the accused and victims, criminal history, and court outcomes. It also presents a summary of the results of interviews with justice and community stakeholders and men mandated totreatment. Implications for the justice system and for jurisdictions considering developing a specialized DV court approach are presented.