Implications For Criminal Justice Research Articles

Criminal Justice Implications of Forensic Evidence: Assessing Its Significance in Determining Guilt

Recent research has indicated that the general public frequently perceives forensic evidence as prone to inaccuracies and dependent on substantial subjective interpretation. By contrasting the reliability of forensic evidence with that of eyewitness testimony in criminal cases and testing for the existence of a "CSI effect," this study explores the public's perception of the relevance of this type of evidence. In this specific survey experiment, participants were assigned randomly to one of seven vignette scenarios. These scenarios were created using a design matrix with three factors: crime type (murder or rape), evidence type (DNA or fingerprint), and the presence or absence of victim and bystander eyewitness testimony (with the exception of the murder scenario, which had no victim testimony). The results indicate that the presence of forensic evidence increases the likelihood of a guilty judgment and the conviction rate. There was no change in either the expected or intended sentence duration as a result of including forensic evidence. Respondents predicted a longer sentence for a rape offender when forensic evidence was presented. However, this did not lead to any changes in their expectations regarding the likely punishment for the defendant. The investigation did not uncover any evidence of a CSI effect. In general, the findings indicate that forensic evidence, especially DNA, tends to have a greater impact on influencing judgments rather than influencing sentencing decisions.

Observance of individual rights in criminal proceedings during martial law

The objective of the research was to identify threats to individual rights in criminal proceedings during martial law. The research involved system methods, descriptive analysis, systematic sampling, doctrinal approach and forecasting. Martial law introduced as a result of armed conflict carries important implications for criminal justice. Ensuring the observance of individual rights in criminal proceedings during this period applies to several crimes, the common feature of which is the time of their commission. The classification of subjects of prevention of infringement of such rights is presented. The prospects for improving the protection of individual rights in criminal proceedings require international assistance in the detection of crimes related to the armed conflict. It is concluded that ensuring the observance of individual rights in criminal proceedings during martial law requires combining the efforts of national and international specialists. Prospects for improving this process envisage international assistance with increased use of its results as evidence in national and international courts. It is appropriate to develop international recommendations for national law enforcement agencies and judicial bodies.

Perceptions of Black and White individuals sentenced for violent and nonviolent crimes

AbstractThe US judicial system is rife with racial discrimination against Black individuals at every stage. The current study aimed to examine perceptions of individuals accused of crimes and perceptions of sentencing decisions. Furthermore, we aimed to examine whether implicit and explicit racial bias would affect these perceptions. White university students (n = 157) and noncollege adults (n = 224) viewed fictitious electronic case records for Black and White target individuals convicted of a nonviolent drug crime or a violent assault crime. They rated the targets on positive and negative traits and completed measures of explicit and implicit racial bias. Findings indicated that university student participants rated the White targets more negatively and less positively than the Black targets across both crimes. The nonuniversity sample rated the Black targets more negatively than the White targets for the violent crime. On ratings of deservingness of incarceration and fairness of the sanction, participants had similar perceptions for Black and White targets. Furthermore, participants in our studies who reported greater explicit bias also evaluated the Black target less positively, more negatively, as more violent, and as more deserving of incarceration. More negative implicit bias was significantly associated with less positive evaluations of the Black target and greater endorsement that the target deserved incarceration. These findings have implications for criminal justice and judicial reform.

Effective connectivity and criminal sentencing decisions: dynamic causal models in laypersons and legal experts.

This magnetic resonance imaging study is designed to obtain relevant implications for criminal justice and explores the effective connectivity underlying expertise. Laypersons and experts considered sentences for remorseful and remorseless defendants, respectively, with and without mitigation, in hypothetical murder cases. Two groups revealed no differential activation. However, dynamic causal modeling analysis found distinct patterns of connectivity associated with subjects’ expertise and mitigating factors. In sentencing for remorseful defendants, laypersons showed increased strength in all bidirectional connections among activated regions of Brodmann area (BA) 32, BA23, the right posterior insula, and the precuneus. In contrast, legal experts sentenced based on mitigation reasoning, showed increased strength only in the bidirectional connection between the insula and the precuneus. When sentencing for remorseless ones without mitigation, both laypersons and experts increased the connection strength, but with reverse directionality, between regions; legal experts strengthened connectivity from BA10 to other regions, that is, the right anterior insula and BA23, but the directionality was reversed in laypersons. In addition, the strength of connection to BA32 and BA10 was correlated with changes in punishments by mitigating factors. This is a crucial result that establishes the validity of the connectivity estimates, which were uninformed by the independent (behavioral) differences in the severity of punishment.

Unfitness to stand trial and fetal alcohol spectrum disorder: Understanding and responding to FASD within the criminal justice system in New Zealand.

Fetal alcohol spectrum disorder (FASD) is an increasingly important issue in the New Zealand (NZ) Criminal Justice System (CJS). FASD may impact an offender's ability to participate meaningfully in the trial process, giving rise to the issue of unfitness to stand trial. Capacity to apprehend, comprehend, participate in, make decisions about and communicate within legal process intersect with the complexity and severity of charges. Courts are required to make a nuanced analysis of multiple and complex factors, merging medical and legal expertise into decisions made. We explore the nature of FASD and its implications for criminal justice in NZ. The legal and clinical issues in relation to fitness and FASD will be discussed.

Caring for Parturients with Substance Use Disorders.

Parturients with substance use disorder require expertise to manage the complexity of intoxication, withdrawal, and chronic use as well as ensure adequate analgesia throughout labor. Opioid use disorder in pregnancy has increased more than 4-fold in the past decade, with a 50-fold geographic variability that now dwarfs other substance use in this population. Understanding not only the medical but also the public health and criminal justice implications of substance use disorder is essential to providing optimal care to this at-risk population.

Toward an understanding of structural racism: Implications for criminal justice.

Racial inequality is a foundational feature of the criminal justice system in the United States. Here we offer a psychological account for how Americans have come to tolerate a system that is so at odds with their professed egalitarian values. We argue that beliefs about the nature of racism—as being solely due to prejudiced individuals rather than structural factors that disadvantage marginalized racial groups—work to uphold racial stratification in the criminal justice system. Although acknowledging structural racism facilitates the perception of and willingness to reduce racial inequality in criminal justice outcomes, many Americans appear willfully ignorant of structural racism in society. We reflect on the role of psychological science in shaping popular understandings of racism and discuss how to contribute more meaningfully to its reduction.

Social Roles and Organizational Culture: Attributions of Responsibility and Punitiveness for Financial Crime

A white-collar offender’s role and the organizational culture in which the crime occurs affects subjective evaluations of offender culpability. However, how they affect responsibility attributions and punitiveness is unclear. We examine attribution processes by conducting a factorial experiment to test a proposed model. We test attribution theory derived predictions using innovative methods of scale creation and nonparametric analyses. Participants attribute more responsibility and are more punitive of individuals and offenders in organizational cultures where illegality is atypical. Our five proposed dimensions of responsibility are predictive of responsibility attributions, and path analysis shows offender role and offense environment affect how the five dimensions of responsibility affect attributions. Our findings have implications for criminal justice and adjudication processes and corporate regulation.

Suspended Sentences in Spain: An Alternative to Prison or a “Bargaining Chip” in Plea Negotiations?

Abstract Criminal proceedings in many European states are increasingly being resolved via plea bargaining agreements; yet, there is relatively scant European research on the implications for the defendant or the role this practice plays within the criminal justice system. Using a sample of 1417 criminal cases, this paper examines how suspended prison sentences may be utilized in Spain to encourage or coerce defendants into a guilty plea. In addition to more traditional regression analysis, covariates are controlled through an entropy balancing process. The findings show defendants who agree a plea deal are indeed less likely to enter prison, which has profound implications for criminal justice in Spain and beyond. On the one hand, it appears plea bargaining is being used to improve the efficiency of the system and, thus, maintain its very existence. On the other hand, issues regarding false confessions and sentencing disparities are specifically highlighted.

New Perspectives on Risk Factors for Non-fatal Strangulation and Post-assault Imaging.

Strangulation has long been associated with death in the context of sexual assault and intimate partner violence (IPV). Non-fatal strangulation (NFS) during sexual assault, which refers to strangulation or choking that does not result in death, is common and has been associated with IPV and with bodily injury; however, other factors associated with NFS are unknown. The current study examined demographic and sexual assault characteristics associated with NFS among women who received a sexual assault medical forensic exam (SAMFE). A second purpose of this study was to explore factors associated with receiving follow-up imaging orders after NFS was identified during a SAMFE. Participants (N = 882) ranged in age from 18 to 81 (M = 28.85), with the majority identifying as non-Hispanic White (70.4%) or Black/African American (23.4%). A total of 75 women (8.5%) experienced NFS during the sexual assault. Of these, only 13 (17.3%) received follow-up imaging orders for relevant scans. Results from a logistic regression analysis demonstrated that NFS was positively associated with report of anal penetration, intimate partner perpetration, non-genital injury, and weapon use during the assault. Results from chi-square analysis showed that among sexual assaults involving women who experienced NFS, those whose assaults involved weapon use were over four times more likely to receive imaging orders compared to assaults without weapon use. These findings have implications for criminal justice, and if incorporated into danger assessments, could potentially reduce fatalities linked to sexual assault and/or IPV. Additional work is needed to ensure that all assaults with NFS trigger a referral for imaging regardless of other assault characteristics.

Inner gnawing, outward clawing - The role of existential crises in crime causation

Abstract This paper provides an interdisciplinary perspective on the role of existential crises in crime causation. The theory presented in this paper is that a crisis of meaning is interrelated with other criminogenic factors, and that these factors together lead to frustration, which in turn may lead to aggression in some cases. Specifically, factors of anomie, boredom, mass entertainment, subculture, and gender are explored. This framework traces the influence of both social structure and culture on the individual level of motivation. This paper follows in the theoretical tradition advanced by Dollard et al., linking frustration to aggression and positing “there is a strong tendency for inhibited direct aggression to be displaced, i.e., not to disappear but to be expressed in altered form or to be directed toward individuals who were not the source of the frustration.” (Dollard, 1967). The paper develops a Weberian ideal type of the anomic individual within the criminal subculture. For an additional layer of social psychological perspective, the analysis continually engages with Merton's theory of anomie. Overall, this framework invites the reader to explore the interaction of psychological, sociological, and cultural variables. By appreciating the relationship between these variables, we might recognize the motivational power of the subjective experience of acute frustration present during existential crises. The results of this analysis are directly applicable to the perennial social issue of aggression. Scholarly elucidation of the criminogenic existential crisis can provide vivid guidance to teachers, parole officers, social work professionals, and therapists from a variety of traditions. The existential perspective provides an important reason to remain attuned to the psychological vulnerability of young people. Primarily, the need for meaning-oriented leadership should be seriously considered. Another basic precept of prevention should be to provide young people with a third way between models of ostentatious affluence and nihilistic ego gratification. Additionally, boredom should be recognized as a criminogenic state of being. Importantly, the pervasiveness of criminal subcultures must be reckoned with. Rather than denying the pervasiveness of such subcultures, preventive policy should incorporate destructive or unflattering norms and behavior into a positive framework of counseling or therapy. Finally, supervision during the period of inner crisis is absolutely vital. Constructive supervision would consist of ensuring that external control is concurrent with purposeful activity and outlets for inevitable frustrations. This framework has implications for criminal justice. By focusing closely -as this paper does- on psychological drives, we begin to perceive limitations to punitive policy. As this paper suggests, external controls may merely redirect inner drives, which will tend to discover or create outlets once the external control is removed.

BADASSES: The Rise of Women in Criminal Justice

Little is known about the experiences and career trajectories of women working in the criminal justice field. Criminal justice, particularly law enforcement, has historically been largely a male-dominated career field. This study examines the experiences of 850 women working in the criminal justice field; in policing, courts, corrections, victim services, and academia. The present study collected data in 2017 and asked women working in the criminal justice field about their employment. Respondents said that they experienced a wide range of gender discrimination but did not see gender discrimination as a barrier to their success. The women identified personal and professional perseverance, strong mentorship, and family support as contributing factors to their success. Findings highlight the experience and challenges of women working at all levels and in all components of the criminal justice system and the journey of these women at a unique time in the history of criminal justice and evolution of women in the workplace. Implications for criminal justice, advice for current and aspiring women working in the field, and the nature of the experience for women in criminal justice are discussed.

Effects of cognitive schemas on children's testimony for a simulated juvenile crime

This investigation examined immediate and seven-week delayed recall by 104 children (ages 6 to 8 years) for a simulated misdemeanor bicycle theft in which gender-role characteristics and sex of criminal were manipulated (i.e., masculine male, feminine male, feminine female, masculine female). Children recalled criminal appearance, central crime, peripheral crime well; only the latter declined over time. Crime and criminal recall showed a same-sex bias, male-as-criminal preference, and higher rates when thieves exhibited gender-role consistent characteristics. Children relied on their crime, criminal, and gender schemas to help them to process the theft. Criminal justice implications for eyewitness testimony findings are provided.

Anogenital Findings in 3569 Pediatric Examinations for Sexual Abuse/Assault

Study ObjectiveAccurate interpretation of anogenital examination findings in the context of suspected child and adolescent sexual abuse/assault is essential, because misinterpretation has significant child protection and criminal justice implications. A consensus approach to the interpretation of anogenital examination findings is widely used to support accurate diagnosis; however, a large-scale study using this standardized approach is lacking. The objectives of this study were to: (1) determine the proportion of anogenital examinations for sexual abuse concerns with findings diagnostic of trauma and/or sexual contact; (2) determine whether frequency of diagnostic findings varies according to age, gender, and timing of examination; and (3) characterize diagnostic findings. Design, Setting, Participants, Interventions, and Main Outcome MeasuresRetrospective records of children aged 0-18 years evaluated for sexual abuse/assault were reviewed. Case details of 3569 patients were extracted and anogenital examination findings were reinterpreted using a published consensus approach. ResultsAnogenital examination findings diagnostic of trauma and/or sexual contact were present in 173 of 3569 patients (4.8%). The prevalence of diagnostic findings was significantly higher in adolescents than in children younger than 12 years of age (13.9%, 114/823 vs 2.2%, 59/2657), in female vs male patients (5.7%, 164/2866 vs 1.5%, 9/614), and in examinations within 72 hours for children younger than 12 years (14.2%, 91/643 vs 4.5%, 45/997). Acute injuries were the most common type of diagnostic finding. ConclusionDiagnostic findings are present in a small proportion of children and adolescents examined for suspected sexual abuse/assault. It is essential that practitioners who interpret examination findings be adequately trained and familiar with the current consensus approach and are aware of case characteristics associated with higher likelihood of findings.

Confabulation: Implications for Criminal Justice, Forensic Mental Health, and Legal Professionals

Physical and psychological brain disruptions have the ability to impair vital memory functions and processes. For instance, a physical injury to the brain’s frontal lobe can disrupt executive functions, which would include the capacity to plan or multitask, impulse control, and decision making. Similarly, the presence of a degenerative disease such as Alzheimer’s disease can degrade the frontal lobe and lead to executive dysfunction (e.g., short-term memory loss and Broca’s aphasia-a dysfunction of language production). A dangerous potential result of such frontal damage is a phenomenon known as confabulation, which is the unintentional production of memories and statements that are objectively false. In other words, confabulation is lying without the intention of doing so. This cognitive disturbance not only has an impact on daily life, but confabulation is particularly problematic for criminal justice-involved individuals. In general, confabulation makes it difficult for an individual to participate in and navigate through all aspects of the criminal justice system. Moreover, those who may work on behalf of the afflicted, may be negatively impacted by their inability to discern truth from fiction. Individuals suffering from confabulation may be prone to waiving important legal rights (e.g., Miranda rights) or false confessions during interrogations, incompetence to stand trial (i.e., unable to follow legal proceedings and assist defense counsel with their case), or providing false testimony during trials. Each possibility detracts from the integrity of various legal processes. Despite these diverse consequences, there is a dearth of empirical research on the consequences of confabulation in criminal justice settings. In an effort to raise awareness of confabulation in the criminal justice system and encourage further research, this article provides an overview of the symptoms and effects associated with confabulation for professionals working in criminal justice, forensic mental health, and legal settings.

Advancements and controversies in China’s recent sentencing reforms

This article discusses in detail the content and context of China’s recent sentencing reform and its social, political, and criminal justice implications, as well as its limitations. The focus of China’s criminal justice reforms over the past 37 years has been predominantly on the trial process; the sentencing process has been largely neglected. Revelations of widespread sentencing inconsistency led the Supreme People’s Court (SPC) to initiate sentencing reform in 2005. The intent of the reform was to promote transparency in the sentencing process, ensure consistency in sentencing dispositions, and guard against inappropriate judicial leniency and severity via new sentencing procedural rules and guidelines limiting judges’ sentencing discretion. In addition to discussing the new sentencing procedures and guidelines, this article also examines some hotly debated issues, including whether China’s sentencing process should be completely separate from the trial process; the meaning of ‘sentencing consistency’ in the context of China’s social and political development; and China’s unique sentencing principles in comparison with the practice of some English-speaking jurisdictions.

Healthcare Utilization, Legal Incidents, and Victimization Following Traumatic Brain Injury in Homeless and Vulnerably Housed Individuals

To characterize the associations between a history of traumatic brain injury (TBI) and subsequent healthcare utilization, legal involvement, and victimization. Three major Canadian cities. A total of 1181 homeless and vulnerably housed adults who were single and 18 years or older. Data for 968 participants (82%) were available at 1-year follow-up. Prospective cohort study. Data were collected using structured, in-person interviews at baseline in 2009 and approximately 1 year after baseline. Self-reported TBI, 12-item Short Form Health Survey, healthcare, and criminal justice use questionnaires. The lifetime prevalence of TBI was 61%. A history of TBI was independently associated with emergency department (ED) use [adjusted odds ratio (AOR) = 1.5, 95% confidence interval (CI): 1.11-1.96], being arrested or incarcerated (AOR = 1.79, 95% CI: 1.3-2.48) and being a victim of physical assault (AOR = 2.81, 95% CI: 1.96-4.03) during the 1-year follow-up period. Homeless and vulnerably housed individuals with a lifetime history of TBI are more likely to be ED users, arrested or incarcerated, and victims of physical assault over a 1-year follow-up period even after adjustment for health status and other confounders. These findings have public health and criminal justice implications and highlight the need for effective screening, treatment, and rehabilitation for TBI in this population.

“The Penal Couple”: An Examination of the Relationship Between Victimization and Offending and Its Implications for Criminal Justice

AbstractAlthough it is commonly assumed that victims and offenders are distinct groups of people, extant research indicates significant overlap in these populations. The current review explores theoretical perspectives and empirical evidence supporting this position. It also highlights some unique challenges and consequences for the criminal justice system. Key issues and avenues for future research on the link between victimization and offending are discussed.

Foetal alcohol spectrum disorder (FASD) – its relevance to forensic adolescent services

Purpose – There needs to be an increased recognition of fetal alcohol spectrum disorder (FASD) in services that deal with young people with disruptive and offending behavior, not just those services that deal with adolescents with a recognized intellectual disability. The paper aims to discuss these issues. Design/methodology/approach – This is a general review of the current available evidence on FASD and how it is likely to predispose affected young people to have contact with secure mental health services and the criminal justice system. Findings – FASD is likely to have become a more common cause of intellectual disability and behavioral disturbance but the history of significant alcohol exposure in utero if often missed. There is evidence that the hyperactivity is less responsive to psychotropic medication and may represent a different condition to conventional ADHD. However the majority of those affected are in the low normal IQ range. Research limitations/implications – There is so far very limited research in what is likely to be a relatively common disorder with significant costs to criminal justice, mental healthcare and social services. Epidemiological information from the UK is lacking and urgently needed. Practical implications – Professionals who work with mentally disordered young people need to be more aware of FASD and its potential contribution to the problems and disabilities in their population. Social implications – Social workers, foster carers and adoptive parents need to be more aware of FASD and how it can contribute to the breakdown of social care. Originality/value – There is currently no other review of FASD and the implications for criminal justice, secure mental health and social care for young people.

Conceptualizing Social Recovery: Recovery Routes of Methamphetamine Users

The goal of our qualitative study was to gain a phenomenological understanding of routes to recovery from problematic drug use. In-depth interviews and drug histories were collected from 50 former methamphetamine users recruited from a U.S. metropolitan suburb who identified as having had problematic use of this drug in the past. Transcripts of the audio-recorded interviews were coded for common themes regarding types of recovery strategies or tools employed on the route to recovery. The common strategies used for recovery from problematic methamphetamine use in all routes were social in nature and did not necessarily include cessation of all substances. Based on our findings, we suggest a conceptualization of social recovery that focuses on reducing the social harms caused by problematic drug use rather than focusing primarily on cessation of all drug use. Social recovery may be employed as both a treatment strategy and analytical tool. More research is needed to advance the concept of social recovery for intervention, drug policy, and criminal justice implications.