Future Recidivism Research Articles

The Value of Remorse as a 'Therapeutic Tool' for Probation Officers in Sentencing

Although shame and guilt are often conceived as adverse sentiments in criminal contexts, defendants’ expressions of remorse may actually act as an effective “therapeutic tool” in the legal process in order to reduce negative emotions, decrease future recidivism, and increase both community and victim healing, as well as rehabilitation. As such, evaluations of remorse should be integrated into decision-making processes at different stages of the criminal-legal process. The current chapter discusses the potential role of remorse, as a form of “therapeutic guilt,” in the context of probation officer decision-making and the relevance of remorse to their pre-sentencing reports and sentencing recommendations. We argue that probation officers should evaluate, recognize, and adopt the therapeutic value of remorse as a type of “reintegrative shaming” that can provide genuine evidence of their clients’ potential for restoration and reintegration into the community. Ultimately, this chapter provides recommendations and a framework for probation officers on how to best recognize and assess true remorse, understand its therapeutic relevance within the Therapeutic Jurisprudence framework, and how it may be integrated into their reports and decision-making in sentencing moving forward.

Development of Risk Assessment Framework for First Time Offenders Using Ensemble Learning

Recidivism is generally considered as a deficiency disease in which offenders recommend a crime or repeat an offence. Empirically committing the first crime at a very young age leads to a much higher rebound rate and the continuation of similar offensive behavior. Accordingly, prioritization must be given for the early assessment of recidivism behavior in first-time offender by law enforcing agencies. Different prison studies suggest that recidivism can be curtailed by early behavioral risk assessment in first-time offenders. Ideally, a psychologist conducts a manual risk assessment using standard psychological assessment tools, which has long been regarded as a standard method for recidivism risk assessment. However, such behavioral examination procedures are usually sluggish and constrained by subjective perceptions. Consequently, this study aims to develop a machine learning-based quantitative risk assessment tool for the recidivism behavioral gradation of first-time offenders. Quantitative gradation and prediction of future recidivism behavior in such offenders are achieved using an ensemble learning model and an advanced machine-learning approach. For the available behavioral data collected from multiple prison locations, simulations were performed, and the experimental results were obtained. It is ascertained that, the proposed three-member and five-member ensemble classifier models lead to 85.47% and 87.72% accuracy respectively in comparison to other standard individual classifiers.

Prison vs. hospital for offenders with psychosis; effects on reoffending

ABSTRACTWith research showing a high prevalence of psychosis in prisons, its effective management is essential for clinical and criminal outcomes. In a matched sample of released prisoners and discharged patients with psychosis (124 pairs) we investigated whether group participation (prison vs. hospital) affected the likelihood of reoffending as well as time to reoffending. Statistical analysis was completed using multilevel logistic regression and multilevel survival analysis. We found that prison cases were more likely to commit any offence within a given period of time (1, 2 or 3 years). Moreover, at any particular time 3 times as many patients with psychosis released from prisons reoffended proportionally to their matched controls discharged from hospitals (HR = 2.92, 95% CI = 1.99, 4.29, P < 0.001). In conclusion, release from prison carries higher risk of a future offending and reduced time to reoffending among offenders with psychosis. Notwithstanding limitations inherent in observational study designs, we advocate that in addition to clinical need and the humanitarian argument, offenders with psychosis should be treated in secure hospitals to reduce future recidivism.

Alexithymic traits are closely related to impulsivity and cognitive and empathic dysfunctions in intimate partner violence perpetrators: New targets for intervention

Clinical psychologists are interested in studying factors that interfere with the behavioral regulation of perpetrators of intimate partner violence against women (IPVAW), as well as the way these factors affect the risk of future recidivism after interventions that are designed for them are completed. Although several variables have been proposed as risk factors for IPVAW, the role of alexithymia and its relationships with other cognitive and empathic variables in IPVAW perpetrators has been neglected. Thus, the main aim of this study was to compare the alexithymic and cognitive and empathic traits in a carefully selected sample of IPVAW perpetrators (n = 47; mean age = 39) with a control group matched on sociodemographic characteristics (n = 41; mean age = 42). Moreover, we also aimed to study whether alexithymic traits are related to cognitive and empathic alterations in IPVAW perpetrators. Compared to controls, IPVAW perpetrators had higher alexithymic and self-reported impulsivity traits and worse attention and executive functioning (e.g., verbal fluency and cognitive flexibility) performance than controls. Moreover, they also presented greater personal distress, compared to controls. Notably, we observed that higher alexithymia was associated with high self-reported impulsivity, worse cognitive and empathic performance in both groups. Our study identifies different cognitive targets for specific neuropsychological rehabilitation interventions designed to prevent violence recidivism in the long term through their effects on emotional information processing and behavioral regulation.

77.0 Individualized Deferred Disposition Docket: Addressing Mental Illness in the Juvenile Court

The first juvenile court was established in Chicago in 1899. Juvenile courts were founded to prevent future recidivism and matriculation into the adult court system. Juvenile courts have become more “criminalized” over the last 30 years as state legislators have enacted new statutes to reduce juvenile crime. Currently, states can vary widely in the definition of the purpose for their juvenile courts with increasing states focused on punishment, deterrence, accountability, and/or public safety. Mental health courts are specialized courts formed to divert appropriate defendants into judicially supervised probation focused on the treatment of mental illness and prevention of future justice involvement. Mental health courts use a community-based multidisciplinary treatment approach to achieve these goals. This presentation will describe the history and purpose of juvenile courts in America to establish a context for understanding mental health courts in the juvenile court system.

You Learn What You Live: Prevalence of Childhood Adversity in the Lives of Juveniles Arrested for Sexual Offenses

ocial workers often find themselves working with children or adolescents who have been victims of adverse childhood experiences (ACEs), including youths who have ended up in the juvenile justice system. Childhood trauma has been linked to negative health, mental health, and behavioral outcomes across the lifespan. The aim of this study was to examine the prevalence rates of child maltreatment and household dysfunction in the lives of juveniles who have been arrested for sexual offenses (JSO; n = 6,549). ACE prevalence rates for JSOs were compared by gender to juveniles arrested for other crimes, to adults arrested for sexual offenses, and to the general population. Youths in the delinquency system in Florida had much higher rates of high-ACE scores than the general population, indicating that they came from households where the accumulation and variety of early adversity is a salient feature in their lives. For those who have engaged in sexually abusive behavior, the existence of early maltreatment and family problems was prominent. Through a better understanding of the traumatic experiences of these youths, we can inform and enhance interventions designed to improve the functioning of sexually abusive juvenile clients and their families, and reduce risk of future recidivism.

Perceived Police Injustice, Moral Disengagement, and Aggression Among Juvenile Offenders: Utilizing the General Strain Theory Model.

Although many juvenile offenders report experiencing police injustice, few studies have examined how this source of strain may impact youths' behavioral outcomes, including risk for future recidivism. This study begins to address that gap in the literature. We applied the general strain theory as our theoretical framework to examine the interactive effect of perceived police injustice and moral disengagement on juvenile aggressive behavior. Our sample included 95 juvenile offenders who completed questionnaires on measures of perceived police injustice and moral disengagement. Results supported our hypothesis, such that moral disengagement predicted past month aggression among juvenile offenders, but only by youth who reported mean and high levels of perceived police injustice. While more research is needed in this area, this study's findings underscore the need to address both perceived police engagement and moral disengagement among youth at-risk of engaging in delinquent behaviors. Implications for intervention programs are also presented.

A preliminary examination of the role of deterrence and target hardening on future recidivism risk among burglars in South Korea

A significant amount of prior research has focused on the deterrent effects of punishment on the likelihood of recidivism. More recent research has also begun to examine the influence of target hardening strategies for deterring criminal behavior as well. Having said this, the lion’s share of this research has been conducted in Western societies and has evaluated the relevance of these factors separately. In recognition of the limitation, the current study relies on interview data from 163 incarcerated burglars in South Korea to assess the nature of the relationship between the elements of deterrence (for example, severity, certainty and celerity) and target hardening strategies (for example, window sills, secured door locks, CCTV and private security company monitoring) on burglars’ future expectations toward recidivating upon release. The results from a series of multinomial logistic regression models indicate that, while the majority of deterrence and target hardening strategies are ineffective at deterring future re-offending, the certainty of arrest and the presence of window sills and secured door locks do exhibit some deterrent effects. However, personal criminal experiences such as confidence toward criminal skills, and internal shame from criminal activity are also notably relevant. Study limitations and directions for future research are also discussed.

Are Australian prisons meeting the needs of Indigenous offenders?

BackgroundThe over-representation of Indigenous Australians in custody is well documented, yet little is known about whether the health and social needs of Indigenous prisoners are met in correctional facilities. This study sought to identify common areas of need in a representative sample of Indigenous people in custody, and consider how well prison services were addressing these issues.MethodsThe sample comprised 122 Aboriginal and Torres Strait Islander people in custody in Victoria. Participants were administered the Camberwell Assessment of Need Forensic-Short Version to ascertain the presence or absence of needs in custody. Statistical analyses to determine associations with re-offence were conducted.ResultsFindings indicated that prisons were able to meet the non-criminogenic needs of many offenders; however there was a limited capacity to address specific criminogenic needs. Psychological distress, substance abuse, poor treatment adherence and threatening behaviours were considered ongoing needs regardless of supports/interventions being provided. Moreover, these four unaddressed needs were all associated with future recidivism.ConclusionsEffective prison treatment services focusing on these four areas of need are urgently required. Such initiatives require continuation post-release combined with additional assistance to uphold basic non-criminogenic needs acquired in prison.

Smurtinio elgesio rizikos vertinimas: HCR-20 prognostinis validumas už smurtinius nusikaltimus teistų asmenų imtyje

Criminal risk assessment has been intensively investigated over the last decades. There­fore, the four generations of risk assessment instruments have already been developed (Blomberg et al., 2010) starting from unstructured clinical judgment (first generation), via actuarial risk assessment (second generation), and leading to structured clinical judg­ment (third generation) and assessment-based risk management (fourth generation). The HCR-20 violence risk assessment scheme (Webster et al., 2007) is an instrument of the third generation, which recognizes the importance of both static and dynamic risk management factors as well as contains the elements of prediction, a specific assessment procedure, and risk communication. The HCR-20 can be applied in different settings: fo­rensic, correctional, or community. Moreover, the research has shown (Dahle, 2006; Gray et al., 2008) that the HCR-20 is reliable for assessing the risk of general and non-violent criminal behavior. In Lithuania, risk assessment is relatively new. The Law of Probation, which came into force in July 2012, defines the concept of risk assessment as a standardized investigation aimed at determining both the probability of re-offence and possibilities to reduce it. The current study describes the psychometric variables of the Lithuanian version of the HCR-20 and measures its predictive validity in a correctional sample of violent offenders. The sample consisted of 74 male offenders from Vilnius, Alytus, and Pravieniškės correctional institutions. The mean age of the population at the initial stage of evalu­ation was 33.15 years. The number of convictions varied from 1 to 12; convictions for violence varied from 1 to 4. All participants were assessed with the HCR-20, and their data were analyzed in two ways: calculating the total HCR-20 score, and measuring the level of risk based on the weight of risk factors rather than on their quantity. The sec­ond stage of the research was conducted after 5 years of approaching the information regarding data on the further convictions of the research participants. The results have shown that within the period of 5 years, the AUC values for the HCR-20 final risk judgment can significantly predict the risk of both a general as well as a violent crime (respectively, AUC = 0.64 and AUC = 0.73). Therefore, it may be con­cluded that the HCR-20 is a valid and reliable instrument for assessing the risk of future recidivism (both general and violent). However, it should be noted that a good predictive validity is related to the final risk judgment, while the total arithmetical score is signifi­cant for predicting the general recidivism only.

Applications of neuroscience in criminal law: legal and methodological issues.

The use of neuroscience in criminal law applications is an increasingly discussed topic among legal and psychological scholars. Over the past 5 years, several prominent federal criminal cases have referenced neuroscience studies and made admissibility determinations regarding neuroscience evidence. Despite this growth, the field is exceptionally young, and no one knows for sure how significant of a contribution neuroscience will make to criminal law. This article focuses on three major subfields: (1) neuroscience-based credibility assessment, which seeks to detect lies or knowledge associated with a crime; (2) application of neuroscience to aid in assessments of brain capacity for culpability, especially among adolescents; and (3) neuroscience-based prediction of future recidivism. The article briefly reviews these fields as applied to criminal law and makes recommendations for future research, calling for the increased use of individual-level data and increased realism in laboratory studies.

Recidivism and the “Worst of Both Worlds” Hypothesis

Interactive and additive terms for substance misuse and crime were used to predict recidivism in 1,435 male inmates. Negative binomial regression revealed that although the additive term consistently predicted general recidivism and the presence of new charges, the interaction term consistently failed to predict these same two outcomes. The additive model continued to predict general recidivism and new charges when age and prior convictions were both controlled and when prior substance misuse and crime were entered separately. Both the substance misuse and crime components predicted income (property and drug) offenses, but only the crime component predicted person offenses. These results have implications for assessing and treating substance-involved offenders and suggest that the two components of the “worst of both worlds” hypothesis accumulate rather than interact in their effect on future recidivism. Although the effect depends on both components, one component may be stronger than the other in predicting certain outcomes.

Associations between gambling, substance misuse and recidivism among Canadian offenders: a multifaceted exploration of poor impulse control traits and behaviours

Moderate correlations among gambling, substance use and crime suggest these three behaviours may each be indicators of a single underlying problem trait, such as poor impulse control. We tested whether self-reported traits prospectively predicted future criminal recidivism, when accounting for incarcerated adult offenders' past criminal behaviour, substance use and gambling behaviour. We took a multi-construct approach to measuring components of impulse control, utilizing three questionnaires that assess sensation seeking, poor premeditation, and reward sensitivity. Male participants incarcerated in two federal institutions were invited to complete self-report booklets; participation was self-selected and fully voluntary. Results indicated moderate correlations between measures of trait impulse control, self-reported drug use, and official criminal history (N = 140). Gambling problems prospectively predicted post-release criminal recidivism (n = 83), even when accounting for past criminal behaviour, impulse control traits and substance misuse. Although they represent a small percentage of this sample, results suggest offenders with high gambling problems represent a particularly at-risk group for future crime, who were more than four times likely to reoffend compared to offenders without problem gambling. These results suggest there may be mutual impact of problem behaviours on life outcomes above the contribution of poor impulse control.

Changing risk factors that impact recidivism: In search of mechanisms of change.

The present study examined whether treatment change among offenders under community supervision would predict reductions in recidivism. The intervention program, based on cognitive-behavioral principles, focused on changing antisocial attitudes. Compared to a matched control group, the likelihood of reduced recidivism was 57% for the binary outcome and 70% for the multiple count outcome, after controlling for past program participation, propensity score, and days of opportunity to offend. The within-person pre-/postchange scores showed less promise in predicting recidivism. Only changes with a single antisocial associate measure, which were not central to the treatment program, predicted future recidivism. Caution must be used in the idiographic assessment of dynamic risk and treatment change.

The mandatory registration of juvenile sex offenders and commitment of juveniles as sexually violent predators: Controversies and recommendations*

This chapter explores the potential risks of cataloging a database of information about juveniles as it relates to sex offenders and their offenses. The information gathered during a juvenile offender's incarceration can be used to identify mental illness, to individualize mental health treatment, to link the juvenile with a variety of treatment resources, and to plan for future mental health treatment after the juvenile offender leaves a correctional facility. The immediate goal of each of these data utilization venues is the provision of appropriate and successful mental health treatment. The ultimate goal of these venues is to prevent future recidivism. Although juvenile offenders are presumed to benefit from assessment and treatment, the protection of society from further harmful acts is inherent in both of these goals. The evaluation of juvenile sex offenders is particularly fraught with implications for society as well as for the juvenile's future life. Significant recidivism is common in adult sex offenders (Prentky, 1997) and has also been encountered among the juvenile sex offender population (Worling, 2000). Because of these high recidivism rates, numerous jurisdictions and the federal government have enacted laws aimed at preventing recidivism and protecting the public at large from future victimization once sex offenders are released from custody. Information gathered from juvenile sex offenders, including the presence of sexual disorders (i.e., paraphilia), conduct disorder, other mental illness, or prior sexual assaults not known to the criminal justice system, can be used to trigger a juvenile's referral to a sex-offender registry or to a civil commitment process commonly known as sexually violent offender (SVO) or sexually violent predator (SVP) commitment. Frequently, these laws have been the subject of controversy, especially when applied to juvenile offenders, and have been challenged in both state and federal courts. This chapter will review two types of these laws: laws requiring sex offender registration with or without community notification, and laws committing sex offenders to sex offender treatment at the time they are released from incarceration. Problems associated with the application of these laws to juveniles will also be discussed. Language: en

Cognitive Mediation of Crime Continuity

Utilizing data from two large samples, cognitive variables were evaluated as potential mediators of the past crime–future crime relationship. In the first study, the reconstructed General Criminal Thinking (GCTrc) score of the Psychological Inventory of Criminal Thinking Styles (PICTS) was found to mediate the relationship between past adult convictions/juvenile adjudications and future recidivism in 1,101 male federal prisoners. In the second study, a cognitive appraisal of one’s future chances of arrest was found to mediate the relationship between self-reported delinquency between the ages of 13 and 15 and self-reported delinquency between the ages of 17 and 19 in 1,414 male and female members of the 1997 National Longitudinal Survey of Youth (NLSY) cohort. Sensitivity analysis revealed that the mediating effects in both studies were reasonably robust to violations of the sequential ignorability assumption. These findings suggest that cognitive factors may play a role in encouraging continuity from the early to the later stages of criminal involvement.

Potential labeling effects: influence of psychopathy diagnosis, defendant age, and defendant gender on mock jurors' decisions

The present study investigated the impact of diagnostic labels and traits, age, and gender of the defendant on various mock juror decisions. Undergraduate students and members of the community (N=247) read a simulated trial transcript involving a case of aggravated assault. The transcript differed in terms of diagnosis (psychopathy vs. antisocial personality disorder (APD)/conduct disorder (CD) vs. no diagnosis), age (15 vs. 30), and gender (male vs. female) of the defendant. The effects of these variables on decisions regarding credibility, verdict choice, risk of future violence and recidivism, and treatment amenability were investigated. Results indicated that psychopathic defendants were rated as being less credible than defendants in the other diagnostic conditions. Defendants described as psychopaths and as having APD/CD were also more likely to be found guilty and were more likely to receive higher ratings of risk for future violence/recidivism regardless of their age and gender. There were no significant main effects or interactions concerning the age and gender variables. Implications for the use of psychopathy evidence within the Criminal Justice System are discussed.

Are they different? A comparison of risk in Dangerous and Severe Personality Disordered and Personality Disordered hospitalized populations

There has been considerable interest internationally in the assessment and treatment of individuals who have a severe personality disorder and who might pose a high risk of future recidivism. In the UK, the Dangerous and Severe Personality Disorder (DSPD) programme was initiated to deal with just this group. It is unclear, yet, whether those admitted to these services are different from those admitted to conventional personality disorder (PD) services. In the present study, 60 patients admitted to DSPD services, under DSPD criteria, were compared with 44 patients admitted to personality disordered (non-DSPD) services within the same high secure psychiatric hospital, on risk measures, including (1) an index of predicted future violence, (2) previous offending behaviour and (3) ‘pre-treatment’ levels of institutional risk-related behaviour. Results indicated that DSPD patients do pose a greater clinical and management risk, have a higher number of ‘pre-treatment’ risk-related behaviour, and have a greater number of convictions and imprisonments after age 18, relative to PD patients. The implications and limitations of these results are discussed.

Does Volunteering for Sex Offender Treatment Matter? Using Propensity Score Analysis to Understand the Effects of Volunteerism and Treatment on Recidivism

A common critique of program evaluations of prison-based sex offender treatment holds that the samples inherently show selection bias because the participants typically volunteer for treatment. To address this critique, we used propensity score analysis to assess the influence of volunteerism on treatment effects. We examined recidivism outcomes for a sample of participants who volunteered for treatment, of whom some participated in treatment (n = 161) and some did not (n = 282) and compared these outcomes to the recidivism rate of a matched sample of nonvolunteers for treatment (n = 443). The primary finding is that offenders who volunteered for treatment did not demonstrate any differences in recidivism rates when matched with and compared to inmates who did not volunteer to participate in treatment. Furthermore, our results revealed that there were a number of significant differences between unmatched volunteers and unmatched nonvolunteers, perhaps most importantly in their risk for future recidivism as measured by the STATIC-99 risk assessment. We discuss study strengths and limitations and present the implications of the findings for policy, practice, and research.

Le chemin professionnel du magistrat et la vérité psychologique. « Toute la vérité sur la vérité judiciaire »

The judge's psychology can definitely have an impact on his perception of truth but there are, however, no serious methods to evaluate this impact. All tests currently made during the recruitment step are ineffective and can be irritating for the applicant. Furthermore there are other factors in the judge's professional environment, which might influence him. The loyalty he could have for public prosecutors and police investigators or the way he chooses legal experts for example. Materials and procedural constraints play a central role as well: All actions to elucidate the truth are strictly delimited and saving up justice budget is often more important than truth. The justice system establishes their rulings as the only truth, but this undeniable truth actually relates to fiction, because justice is not flawless, it states the truth only in theory. Even if it is tough to conclude a “truth” based on past events, the tendency is to ask judges to keep in mind the risk and the dangerousness of a possible future recidivism to set up penal plan. This current evolution is really disturbing when everyone knows how judging past events is hard enough. Making judgements about crimes that could be committed in the future exposes us to a terrifying world, as described in The Minority Report short fiction.