Criminal Justice Outcomes Research Articles

Victim, Police, and Prosecutorial Responses to Same-Sex Intimate Partner Violence: A Comparative Approach

Research on intimate partner violence (IPV) and the criminal justice response to such incidents is extensive, but the majority of this research has focused on IPV perpetrated by men against women in heterosexual partnerships. Yet, recent research has indicated that the prevalence of IPV among LGB (lesbian, gay, and bisexual) individuals may be as high as or higher than that of the general population. At the same time, a significant body of research has examined police and prosecutorial responses to IPV; again, the overwhelming majority of this research has also focused on heterosexual partners. Following this, the current research uses National Incident-Based Reporting System (NIBRS) data to create dyads of both opposite-sex (i.e., male–female and female–male) and same-sex partners (i.e., male–male and female–female) to investigate the joint relationship between sex, sexual orientation, and three different criminal justice outcomes: victim refusal to cooperate with police, police decision to arrest, and the prosecutorial decision to deny a case.

Principles and practices of risk assessment in mental health jail diversion programs.

Eligibility criteria for participation in mental health jail diversion programs often specify that, to be diverted, a candidate must not pose a level of threat to public safety that cannot be managed in the community. Risk assessment tools were developed to increase consistency and accuracy in estimates of threat to public safety. Consequently, risk assessment tools are being used in many jurisdictions to inform decisions regarding an individual's appropriateness and eligibility for mental health jail diversion and the strategies that may be successful in mitigating risk in this context. However, their use is not without controversy. Questions have been raised regarding the validity and equity of their estimates, as well as the impact of their use on criminal justice outcomes. The purpose of this review is to provide an overview of the science and practice of risk assessment to inform decisions and case planning in the context of mental health jail diversion programs. Our specific aims include: (1) to describe the process and components of risk assessment, including differentiating between different approaches to risk assessment, and (2) to consider the use of risk assessment tools in mental health jail diversion programs. We anchor this review in relevant theory and extant research, noting current controversies or debates and areas for future research. Overall, there is strong theoretical justification and empirical evidence from other criminal justice contexts; however, the body of research on the use of risk assessment tools in mental health jail diversion programs, although promising, is relatively nascent.

Race and Class: A Randomized Experiment with Prosecutors

Disparities in criminal justice outcomes are well known, and prior observational research has shown correlations between the race of defendants and prosecutors’ decisions about how to charge and resolve cases. Yet causation is questionable: other factors, including unobserved variation in case facts, may account for some of the disparity. Disparities may also be driven by socioeconomic class differences, which are highly correlated with race. This article presents the first blinded, randomized controlled experiment that tests for race and class effects in prosecutors’ charging decisions. Case vignettes are manipulated between subjects in five conditions to test effcts of defendants’ race and class status. In the control condition, race and class are omitted, which allows baseline measures for bias and pilot testing of a blinding reform. Primary outcome variables included whether the prosecutor charged a felony, whether the prosecutor would pursue a fine or imprisonment, and the amounts thereof. With 467 actual prosecutors participating nationwide, we found that race and class did not have detectable prejudicial effects on prosecutorial decisions. This finding, contrary to the majority of observational studies, suggests that other causes drive known disparities in criminal justice outcomes.

A randomized-control trial testing the impact of a multidisciplinary team response to older adult maltreatment

ABSTRACTForensic center multidisciplinary teams (MDTs) have emerged to address older adult maltreatment; however, little research is available on this approach. The current study employed a randomized-control design to test the impact of a victim-focused, forensic center MDT relative to usual care (UC) on older adult victim and criminal justice outcomes. Cases of abuse, neglect, and/or financial exploitation involving a perpetrator in a position of trust were randomly assigned to MDT or UC. Outcomes were assessed via interviews with older adult victims, system-based advocates' surveys, and administrative data. According to system-based advocates, MDT had a better prognosis, higher across-agency coordination, and more types of engaged services relative to UC. Administrative data indicated low rates of APS case openings and prosecution. Findings provide support for continued use of MDTs following older adult maltreatment and highlight difficulties engaging older adults given the complex social and material circumstances often related to maltreatment.

Remorse in psychotic violent offenders: An overvalued idea?

Expressing remorse - or not - appears to influence criminal justice outcomes, but preliminary exploration of both judicial and psychological concepts suggests they lack clarity. We asked the following questions: does psychosis impair capacity for, or expression of, remorse for a homicide or other serious harm to others? Is failure to express remorse for an offence associated with recidivism? We conducted systematic reviews of empirical literature on remorse for serious violence while psychotic, and on relationships between remorse and reoffending regardless of mental state. No articles on remorse for homicide or other serious violence while psychotic were identified. There is weak evidence that lack of remorse is associated with reoffending generally, but nothing specific to psychosis. The literature is strong enough to support a case for research into valid measurement of remorse for offending, associations of such measures with recidivism, and whether a change in remorse can be effected - or matters. It is not strong enough to support reliance on perceptions of the presence or absence of remorse as a basis for judicial decisions.

Beneficial effects of motivational interviewing case management: A latent class analysis of recovery capital among sober living residents with criminal justice involvement

Background: This secondary analysis uses data from a recent clinical trial conducted with probationers and parolees with substance use disorders (N = 330) residing in Sober Living Houses (SLHs). The treatment condition received Motivational Interviewing Case Management (MICM), while controls received usual care SLH residency. Both conditions improved on multiple domains, though residents randomized to MICM improved significantly more than usual care controls on criminal justice outcomes. Because MICM is designed to help ex-offenders attain more recovery capital (RC) in multiple domains, we hypothesized MICM participants that already possessed higher RC would show significantly greater improvement at follow-up than usual SLH residents with higher RC. Moreover, MICM and usual SLH residents with low RC would show no differences at 1-year follow-up.Methods: A latent class analysis (LCA) grouped participants into two patterns of RC: those with low RC and those with high RC. These classes were interacted with study condition to predict change on six Addiction Severity Indices (ASI) at follow-up.Results: MICM was more effective for the higher RC class, with greater improvement in drug, legal, and psychiatric outcomes for those who attended at least three MICM sessions. MICM was no more beneficial than usual care for those in a low RC class.Conclusions: SLH operators should consider implementation of MICM for residents with more RC resources. Those with fewer recovery resources, such as a history of psychiatric problems or physical/sexual abuse, would benefit from a more intensive intervention to assist them with improving the amount and quality of their RC.

Addressing the School-to-Prison Pipeline: Examining Micro- and Macro-Level Variables that Affect School Disengagement and Subsequent Felonies

This study examines the School-to-Prison Pipeline (STPP) by identifying individual legal and extra-legal variables and school-level factors that predict juvenile/criminal justice involvement using 2006–2012 matched data from education and justice systems (n = 21,457). The role of school disengagement is also assessed, measuring unexcused absences that follow suspensions in the previous academic year. For the court-involved subsample (n = 7349), after controlling for student behavior, demographic, and school-level factors; extra-legal racial differences remain a significant factor in determining higher counts of felonies with African American and Multi-racial students at increased likelihood (1.65 and 1.86 times, respectively for the higher latent class) of juvenile/criminal justice involvement as compared with White students. And, although White students were found to either be more disengaged or equally disengaged when compared with students of color, sharp differences in criminal justice involvement and outcomes exist by race/ethnicity. These findings suggest that addressing the STPP will require future research and focus on more than individual-level behaviors (school disengagement and school-based offenses) and attention to the impact of extra-legal variables and systemic implicit bias.

Criminal justice outcomes over 5 years after randomization to buprenorphine-naloxone or methadone treatment for opioid use disorder.

To compare long-term criminal justice outcomes among opioid-dependent individuals randomized to receive buprenorphine or methadone. A 5-year follow-up was conducted in 2011-14 of 303 opioid-dependent participants entering three opioid treatment programs in California, USA in 2006-09 and randomized to receive either buprenorphine/naloxone or methadone. Participants received buprenorphine/naloxone (BUP; n=179) or methadone (MET; n=124) for 24weeks and then were tapered off their treatment over ≤8weeks or referred for ongoing clinical treatment. Midway through the study, the randomization scheme was switched from 1:1 BUP:MET to 2:1 because of higher dropout in the BUP arm. Study outcomes included arrests and self-reported incarceration. Predictors included randomization condition (buprenorphine versus methadone), age, gender, race/ethnicity, use of cocaine, drug injection in the 30days prior to baseline and study site. Treatment status (buprenorphine, methadone, none) during follow-up was included as a time-varying covariate. There was no significant difference by randomization condition in the proportion arrested (buprenorphine: 55.3%, methadone: 54.0%) or incarcerated (40.9%, 47.3%) during follow-up. Among methadone-randomized individuals, arrest was less likely with methadone treatment (0.50, 0.35-0.72) during follow-up (relative to no treatment) and switching to buprenorphine had a lower likelihood of arrest than those receiving no treatment (0.39, 0.18-0.87). Among buprenorphine-randomized individuals, arrest was less likely with receipt of buprenorphine (0.49, 0.33-0.75) during follow-up and switching to methadone had a similar likelihood of arrest as methadone-randomized individuals receiving no treatment. Likelihood of arrest was also negatively associated with older age (0.98, 0.96-1.00); it was positively associated with Hispanic ethnicity (1.63, 1.04-2.56), cocaine use (2.00, 1.33-3.03), injection drug use (2.19, 1.26-3.83), and study site. In a US sample of people treated for opioid use disorder, continued treatment with either buprenorphine or methadone was associated with a reduction in arrests relative to no treatment. Cocaine use, injection drug use, Hispanic ethnicity and younger age were associated with higher likelihood of arrest.

Propensity-matched study of enhanced primary care on contact with the criminal justice system among individuals recently released from prison to New Haven

BackgroundHealth systems can be integral to addressing population health, including persons with incarceration exposure. Few studies have comprehensively integrated state-wide data to assess how the primary care system can impact...

Cumulative Risks of Multiple Criminal Justice Outcomes in New York City.

Previous research has provided estimates of the cumulative risk of felony conviction and imprisonment in the United States. These experiences are, however, also the rarest; most of what happens in the criminal justice system occurs at the level of the misdemeanor rather than the felony. This article addresses our limited understanding of the scope of subfelony justice by providing estimates of the cumulative risk of several lower-level arrest outcomes for one jurisdiction: New York City. Because of excess life table events contributed by nonresidents of New York City, estimates are likely upwardly biased relative to the true values. Nonetheless, they allow us to (1) assess the cumulative risk of misdemeanor conviction and jail sentences and (2) determine to what extent those who enter the world of subfelony justice are distinct from those with felony or imprisonment records.

Criminal Justice and Suicide Outcomes with Indiana's Risk-Based Gun Seizure Law.

This article examines the application and effectiveness of a 2006 Indiana law designed to prevent gun violence by authorizing police officers to separate firearms from persons who present imminent or future risk of injury to self or others, or display a propensity for violent or emotionally unstable conduct. A court hearing is held to determine ongoing risk in these cases; a judge decides whether to return the seized firearms or retain them for up to five years. The study examines the frequency of criminal arrest as well as suicide outcomes for 395 gun-removal actions in Indiana. Fourteen individuals (3.5%) died from suicide, seven (1.8%) using a firearm. The study population's annualized suicide rate was about 31 times higher than that of the general adult population in Indiana, demonstrating that the law is being applied to a population genuinely at high risk. By extrapolating information on the case fatality rate for different methods of suicide, we calculated that one life was saved for every 10 gun-removal actions, similar to results of a previous study in Connecticut. Perspectives from key stakeholders are also presented along with implications for gun policy reform and implementation.

How Do Summer Youth Employment Programs Improve Criminal Justice Outcomes, and for Whom?

AbstractCities across the U.S. have turned to summer youth employment programs (SYEPs) to improve the behavioral, economic, and academic outcomes of inner‐city youth. This paper evaluates the impact of the Boston Summer Youth Employment Program using both experimental and non‐experimental variation. Similar to previous studies of summer jobs programs in other cities, I make use of an embedded randomized controlled trial and find that the program reduces violent crime by 35 percent, as measured by the number of arraignments from administrative records during the 17 months after participation. In contrast to prior work, I also find a similar reduction in arraignments for property crimes (−29 percent). This study also provides exploratory evidence on the mechanisms driving these reductions in crime using self‐reported responses of participants from a pre‐/post‐program survey. The results provide suggestive evidence that the beneficial impacts on violent and property crime are largely driven by improved conflict resolution skills versus other factors that would increase the opportunity cost of crime. These findings give researchers some insights into the behavioral changes that occur during the program while also providing a look inside the “black box” as to how SYEPs affect youth outcomes in the long run.

The crime, mental health, and economic impacts of prearrest diversion of people with mental health problems: A systematic review.

BackgroundPrearrest diversion strategies are being adopted across the Western world, enabling the police to identify and divert people suspected of having mental disorder towards health and community services rather than the criminal justice system.AimsTo quantify longer‐term criminal justice and mental health outcomes after prearrest diversion of people with suspected mental disorder and consider economic correlates.MethodsA systematic review of published literature on longer term outcomes after prearrest diversion.ResultsOnly two quasi‐experimental studies, with four independent samples, could be included. Findings for criminal and mental health outcomes were inconclusive, but potential for adverse outcomes was identified. Ten studies with cost data suggested that prearrest diversion can lead to overall cost savings.ConclusionsThere is still inadequate evidence on which to base prearrest diversion programmes. Although some benefits have been identified by the review, so have possible harms. Future research and funding strategies must build in high‐quality, systematic evaluation of outcomes before implementing a theoretically attractive strategy more widely.

A Preliminary Examination of an Acceptance and Commitment Therapy-Based Program for Incarcerated Domestic Violence Offenders.

Batterers intervention programs (BIPs) have only a marginal impact on domestic violence (DV) recidivism, in part because treatment attrition is high. The current study evaluates a new BIP based on Acceptance and Commitment Therapy (called ACTV, Achieving Change Through Values-Based Behavior) in a sample of incarcerated DV offenders who failed to complete community-based BIP (N = 23). The current study examined participants' risk factors and assessed criminal justice outcomes in the 1 year following treatment completion. The men exhibited high levels of experiential avoidance, adverse childhood experiences, psychopathy, and attachment when compared to clinical and forensic samples from past research. Consistent with the theory underlying ACTV, experiential avoidance decreased significantly over the course of treatment. In addition, 1 out of 22 (4.5%) had a domestic assault charge in the 1-year follow-up period. Overall, the current study offers preliminary support for the use of ACTV with noncompliant, incarcerated offenders.

Do timely mental health services reduce re-incarceration among prison releasees with severe mental illness?

To examine whether the receipt of timely mental health services is associated with changes in criminal justice interactions. We used linked administrative data from Medicaid, mental health, and criminal justice settings in Washington State for persons with severe mental illness released from prison (n=3086). We estimate local and average treatment effects to examine measures of criminal justice use in the year following release as a function of timely mental health services. Measures of timely service and criminal justice use within 12months postrelease were created from administrative data. Individuals receiving timely mental health services are more likely to experience prison re-incarceration overall and specifically for technical violations 12months postrelease. The effect of service receipt on incarceration for new charges was negative but not significant. The finding that mental health services receipt is associated with increased risk of re-incarceration due to technical violations speaks to the complexity of the relationship between mental health and criminal justice services for justice-involved persons with severe mental illness. Further research should examine strategies at the interface of criminal justice and mental health that can improve mental health and criminal justice outcomes for this vulnerable population.

Disparities in Criminal Justice Outcomes After Beginning Treatment for Substance Use Disorders: The Influence of Race/Ethnicity and Place

This study examined whether racial/ethnic disparities exist in posttreatment arrests and assessed the extent to which community characteristics account for such disparities. Administrative data on clients (N = 10,529) receiving publicly funded services in Washington State were linked with criminal justice and census data. Multilevel survival models were used for two outcomes measuring time (in days) to any arrest and to any substance-related arrest. Community characteristics included a factor measuring community economic disadvantage and the proportions of residents in the client's residential census tract who were Black, Latino, or American Indian/Alaskan Native. When we controlled for age, sex, substance use, referral source, and prior criminal justice involvement, Black clients (hazard ratio [HR] = 1.47, p < .01) had a higher hazard of any arrest compared with White clients, and Black (HR = 1.27, p < .05) and Latino (HR = 1.20, p < .05) clients had a higher hazard of a substance-related arrest. Clients living in census tracts with a higher proportion of Black residents had a higher hazard of any arrest (HR = 1.25, p < .01) as well as substance-related arrests (HR = 1.39, p < .01). Community characteristics did not account for racial/ethnic disparities in arrests but provided an independent effect. Disparities in arrest outcomes are influenced by both individual- and community-level factors; therefore, strategies for reducing disparities in this treatment outcome should be implemented at both levels.

Race/Ethnicity, Perceived Skin Color, and the Likelihood of Adult Arrest.

Research has long-documented racial/ethnic disparities in criminal justice outcomes. However, despite race/ethnicity being a multidimensional social construct, prior research largely relies on self-identification measures, thereby disregarding research on skin tone stratification within-racial/ethnic groups. The current study extends beyond this by examining the relationship between race/ethnicity and arrest employing both self-identified race/ethnicity and perceived skin color. Using data from the National Longitudinal Study of Adolescent to Adult Health, we explore the main and intersecting effects of self-identified race/ethnicity and perceived skin color on experiencing an arrest in adulthood between- and within-self-identified Whites, Blacks, Latinos, Native Americans, and Asians. We use structural disadvantage as a framework for exploring how social structural factors as well as antisocial behavior mediate the relationship between race/ethnicity/color and arrest. Results suggest that focusing on the racial/ethnic disparities alone masks differences in arrest by color and that the effect of color varies by race/ethnicity. Results also suggest that measures indicative of disadvantage, but not offending, partially explain these associations.

The Impact of Housing First on Criminal Justice Outcomes among Homeless People with Mental Illness: A Systematic Review.

Objective:Housing First is increasingly put forward as an important component of a pragmatic plan to end homelessness. The literature evaluating the impact of Housing First on criminal justice involvement has not yet been systematically examined. The objective of this systematic review is to examine the impact of Housing First on criminal justice outcomes among homeless people with mental illness.Method:Five electronic databases (PsycINFO, MEDLINE, Embase, CINAHL, Web of Science) were searched up until July 2018 for randomised and nonrandomised studies of Housing First among homeless people with a serious mental disorder.Results:Five studies were included for a total of 7128 participants. Two studies from a randomised controlled trial found no effect of Housing First on arrests compared to treatment as usual. Other studies compared Housing First to other programs or compared configurations of HF and found reductions in criminal justice involvement among Housing First participants.Conclusions:This systematic review suggests that Housing First, on average, has little impact on criminal justice involvement. Community services such as Housing First are potentially an important setting to put in place strategies to reduce criminal justice involvement. However, forensic mental health approaches such as risk assessment and management strategies and interventions may need to be integrated into existing services to better address potential underlying individual criminogenic risk factors. Further outcome assessment studies would be necessary.

Receipt of pharmacotherapy for alcohol use disorder by justice-involved women in the Veterans Health Administration

BackgroundAlcohol use disorder (AUD) and unhealthy drinking are prevalent among women involved in the criminal justice system and women military veterans. Pharmacotherapy—including naltrexone, topiramate, acamprosate, and disulfiram—for AUD is one form of effective treatment that is associated with better health and criminal justice outcomes. The current study examined the association of justice involvement with receipt of pharmacotherapy for AUD, as well as other patient factors that may explain variation in receipt of pharmacotherapy for AUD among women veterans who receive care at Veterans Health Administration (VHA) facilities.MethodsUsing national VHA clinical records, we examined all women VHA patients who received an AUD diagnosis during an outpatient or inpatient visit in fiscal years (FY) 2014–2017. We compared patient characteristics by justice status, defined as contact with one of the VHA’s justice outreach programs, and used a mixed-effects logistic regression model to test whether justice involvement was independently associated with odds of receiving pharmacotherapy for AUD.ResultsOf 10,511 women veterans diagnosed with AUD in FY2017, 852 (8%) met our definition of justice-involved. Since FY2014, the percentage of women veterans who received pharmacotherapy for AUD increased (14–21%). Women justice-involved veterans and those who were homeless had higher odds of receiving pharmacotherapy for AUD (OR 1.29, CI 1.15–1.45; OR 1.35, CI 1.25–1.47). Women veterans age 55 or older or who were African-American had lower odds of receiving pharmacotherapy (OR 0.74, CI 0.67–0.82; OR 0.73, CI 0.68–0.79).ConclusionsWhile women involved in the criminal justice system face many barriers to accessing health and social services, women justice-involved veterans had higher odds of receiving pharmacotherapy for AUD at VHA facilities compared to women veterans with no justice involvement. Legal mandates and supportive programming directed towards veterans in the criminal justice system may explain the higher rate of receipt of pharmacotherapy observed among justice-involved women veterans. Women veterans who are homeless may also have more opportunities to access and use pharmacotherapy for AUD compared to their housed counterparts.

Sober living house characteristics: A multilevel analyses of factors associated with improved outcomes

Safe and stable housing is integral to addiction recovery. Across numerous studies, recovery housing has been found to be associated with improvements in a variety of domains. Although procedures for operating some types of recovery housing have been manualized and national standards established, there are few empirical findings identifying which recovery residence characteristics may lead to improved outcomes. Using data from 330 newly admitted residents recruited from 49 sober living houses in California and re-contacted for 6- and 12-month follow-up interviews, this study examines the effects of organizational, operational, and programming characteristics on substance use, criminal justice, and employment outcomes. Results from multilevel analyses adjusting for resident demographics and length of stay indicate that organizational characteristics were associated with outcomes. Residents recruited from houses that were part of a larger organization or group of houses had increased odds of total abstinence (aOR = 3.98, p < 0.001) and drug abstinence (aOR = 3.19, p < 0.001). Residents recruited from houses that were affiliated with a treatment program had increased odds of employment (aOR = 2.92, p = 0.003). Operational characteristics such as where the house was located and whether the house required incoming residents to be sober for at least 30 days prior to entry were also related to improved outcomes, but additional work is needed to develop tools to assess and measure recovery housing characteristics and to better understand how these factors contribute to improved outcomes.