Valid or voodoo? A qualitative study of attorney perceptions of risk assessment in sentencing and plea bargaining.

Prior research largely has explored judicial perceptions of risk assessment in sentencing. Little is known about how other court actors, specifically, prosecutors and defense attorneys, perceive risk assessments in the sentencing process. Here, we report a qualitative study on the use of risk assessment by prosecutors and defense attorneys in Virginia. A prior survey (n = 70) pointed to a statistically significant difference in how prosecutors and defense attorneys view the role of recidivism risk in sentencing. On the basis of the results of this quantitative study, we collected follow-up qualitative data via interview (n = 30) to explain this unexpected difference. Analysis confirmed the survey findings that prosecutors and defense attorneys differ in their perceptions of risk assessment in sentencing. Results suggest that court actor perceptions vary as a function of professional role in the service of the identified client (the community or the defendant) and their interests. Although perceptions diverged on utility risk assessment in sentencing, both prosecutors and defense attorneys were outspoken in their skepticism of the Nonviolent Risk Assessment instrument that is used to predict recidivism risk in Virginia. This latter finding identifies obstacles that may emerge as jurisdictions adopt a risk-based approach to sentencing. We conclude with recommendations for addressing these barriers that may provide useful guidance on the implementation process.

Lesson learned? Mothers' legal knowledge and juvenile rearrests.

OBJECTIVE: The present study examined how mothers' personal characteristics, experience with, and attitudes toward the juvenile justice system are associated with their knowledge of the juvenile justice system over time. HYPOTHESES: We hypothesized that additional exposure to the system (via sons' rearrests) would be associated with greater legal knowledge. We predicted that White women, women with higher educational attainment, and women who had been arrested would experience greater gains in legal knowledge over time, relative to non-White women, women with lower educational attainment, and women who had not been arrested. Finally, we predicted that mothers' attitudes toward the legitimacy of the justice system would not be associated with their change in legal knowledge. METHOD: Mothers (N = 234) of male youth (majority non-White) completed a questionnaire of their knowledge about the juvenile justice system after their sons' 1st arrest (T1) and again 2.5 years later (T2). RESULTS: Knowledge did not improve over time, regardless of whether the youth was rearrested. Black mothers displayed less knowledge of the juvenile justice system when their sons were rearrested multiple times. Attitudes toward the justice system were not associated with legal knowledge. CONCLUSIONS: These results illustrate the importance of a family educational component to juvenile probation, especially as a vehicle to reduce disproportionate minority contact with the juvenile justice system. (PsycInfo Database Record (c) 2020 APA, all rights reserved).

High or very high recidivism risk? The possibilities of recidivism risk assessment under the Polish SVP law (the Act of 22 November 2013). / Wysokie czy bardzo wysokie ryzyko recydywy? Mozliwosci oceny kategorii ryzyka recydywy sprawców na potrzeby Ustawy z 22.11.2013.

The paper presents an analysis of possibilities of performing recidivism risk assessment under the Act of 22 November 2013 on the treatment of people with mental disorders posing a threat to life, health or sexual freedom of others. The Act allows, among others, the post-penitentiary isolation of persons posing a threat. The risk assessment at "very high" level is one of the key elements taken into account in adjudication of this procedure.The first part presents basic information on the recidivism risk assessment procedure: types of risk factors and different approaches to recidivism risk assessment. Then, three main limitations related to the assessment under the Act were discussed. These are: (1) the problem of the scope of the predicted events, (2) the problem of differentiation between the upper sub-categories of recidivism risk, (3) the problem of the lack of full Polish adaptations of recidivism risk assessment instruments. In consequence of these limitations, the risk assessment under the Act has lower precision. The problem of the lack of Polish adaptations can be solved with validation of the appropriate instruments. However, the other two challenges result directly from the provisions of the Act and cannot be faced with its current form. Therefore main conclusion of the paper focuses on the need to take into account the discussed limitations by experts, officials participating in the proceedings and the institutions issuing decisions. Risk assessment should be based on the measurement of all types of recidivism risk factors, including primarily static and then stable dynamic ones.

Contextual Influences on the Sentencing of Individuals Convicted of Sexual Crimes.

This study examines effects of court and community contextual factors on sentencing outcomes for individuals convicted of sexual crimes using indicators from two perspectives-focal concerns and populist punitiveness. Sourced from the Pennsylvania Commission on Sentencing, the sample includes 9,431 persons convicted of sexual crimes and a precision-matched sample of persons convicted of non-sexual violent crimes for comparison. Based on multilevel hurdle regression models for both incarceration and sentence length decisions, results indicate that individuals convicted of sexual crimes face enhanced sentence severity in judicial districts with smaller courts, increased jail capacity, stronger political competition, and higher religious homogeneity. The results also suggest statistically significant differences between effects for persons convicted of sexual crimes and a matched sample of persons convicted of violent crimes. Overall, results suggest that specific contextual factors have a distinguishable impact on sentencing of individuals convicted of sexual crimes.

Forensic psychiatric evaluations of defendants: Italy and the Netherlands compared.

BACKGROUND: Forensic psychiatric practices and provisions vary considerably across jurisdictions. The diversity provides the possibility to compare forensic psychiatric practices, as we will do in this paper regarding Italy and the Netherlands. AIM: We aim to perform a theoretical analysis of legislations dealing with the forensic psychiatric evaluation of defendants, including legal insanity and the management of mentally ill offenders deemed insane. This research is carried out not only to identify similarities and differences regarding the assessment of mentally ill offenders in Italy and the Netherlands, but, in addition, to identify strengths and weaknesses of the legislation and procedures used for the evaluation of the mentally ill offenders in the two countries. RESULTS: Italy and the Netherlands share some basic characteristics of their criminal law systems. Yet, forensic psychiatric practices differ significantly, even if we consider only evaluations of defendants. A strong point of Italy concerns its test for legal insanity which defines the legal norm and enables a straightforward communication between the experts and the judges on this crucial matter. A strong point of the Netherlands concerns more standardized practices including guidelines and the use of risk assessment tools, which enable better comparisons and scientific research in this area. CONCLUSIONS: We argue that there appears to be room for improvement on both sides with regards to the evaluation of mentally ill offenders. More generally, a transnational approach to these issues, as applied in this paper, could help to advance forensic psychiatric services in different legal systems.

Exploring the Impact of an AVRS Curfew Program on Recidivism of Juvenile Probationers in Korea.

Community corrections agencies across the world have adopted biometric technologies as a security tool and cost-effective monitoring strategy. This study investigates the effectiveness of the automated voiceprint recognition supervision (AVRS) curfew program for 386 Korean juvenile probationers from the Seoul Probation Office. Although the AVRS curfew program in Korea has been in effect for more than 14 years, effectiveness of the program has not been fully tested. A propensity score analysis was conducted to assess the effectiveness of the AVRS program, controlling for potential covariates of referring juveniles to the program. Contrary to expectations, a logistic regression analysis demonstrated that the innovative curfew program is a statistically significant factor in increasing the odds of recidivism. The article concludes with a discussion of implications for court-ordered juvenile curfew programs.

Examining Individual Characteristics and Program Performance to Understand Two-Year Recidivism Rates Among Drug Court Participants: Comparing Graduates and Terminators.

Drug courts strive to break the cycle of substance use and crime by providing community-based treatment and rehabilitation. The purpose of the present study was to (a) identify significantly different factors between program participants (i.e., graduates/terminators) that may affect recidivism and (b) examine these significant individual and program performance factors associated with two-year recidivism. Secondary data were examined for a stratified random sample of drug court participants ( N = 534). Examining any two-year post-program recidivism (defined as an arrest, conviction, or incarceration), over one third (37.6%) of graduates and almost all program terminators (95.3%) had two-year post-program recidivism ( p < .001). For the overall sample, age, outpatient treatment, marital status, number of times treated for a psychiatric problem in a hospital, substance use (i.e., past-30-day cocaine use and intravenous opiate use), number of positive drug tests, and receiving any sanction/therapeutic response were associated with two-year post-program recidivism. Further analyses suggested age and outpatient treatment were particularly important for program graduates. Findings provide information for early targeting of resources to drug court participants most at risk of poorer post-program outcomes by identifying factors known at program entry and indicators during program participation.

Polyvictimization and Girls' Involvement in the Juvenile Justice System: Investigating Gender-Differentiated Patterns of Risk, Recidivism, and Resilience.

A recent dramatic rise in girls' arrests has increased our need to examine whether our models of youth justice system involvement need to be differentiated by gender. Polyvictimization, in particular, has been implicated as a powerful predictor of youth problem behavior. However, recent research suggests that polyvictimization is associated with youth involvement in the justice system in ways that differ for girls at the levels of the independent variables (i.e., the sources of risk), the dependent variables (i.e., youth outcomes), and the mediators of these associations (i.e., the purported mechanisms that account for these relations). The present critique describes growth points in the current research with the goal of suggesting promising directions for future investigations. In particular, gaps are noted regarding our understanding of the specific forms of polyvictimization that affect traumatized girls' development, especially given the highly disproportionate prevalence of sexual abuse among justice-involved girls. In addition, increased attention is needed to gender differences in the timing of victimization and the onset of risky behavior, as well as the nature of trauma-linked youth offenses and recidivism, which research also suggests may differ for boys and girls. Furthermore, a new body of research on psychophysiological reactivity promises to shed light on gender differences in trauma response, resilience, and risk. Finally, the importance acknowledging the intersection of polyvictimization, gender, and race is noted. The article ends with a discussion of the ways in which understanding gender differences and similarities can inform gender-responsive approaches to prevention and intervention efforts.

Attitudes toward mandatory ignition interlocks for all offenders convicted of driving while intoxicated.

INTRODUCTION: Ignition interlocks are effective in reducing alcohol-impaired driving recidivism for all offenders, including first-time offenders. Despite their effectiveness, interlock use among persons convicted of driving while intoxicated from alcohol (DWI) remains low. This cross-sectional survey of U.S. adults assessed public support for requiring ignition interlocks for all convicted DWI offenders including first-time offenders. The goal was to update results from a similar 2010 survey in light of new state requirements and increased interlock installations. METHODS: Questions were included in the Porter Novelli FallStyles survey, which was fielded from September 28 to October 16, 2015. Participants were the 3,536 individuals who provided an opinion toward requiring ignition interlocks for all offenders. For analyses, opinion toward requiring interlocks for all offenders was dichotomized into 'agree' and 'neutral/disagree.' To handle missing data, 10 imputed datasets were created and pooled using fully conditional specification (FCS). RESULTS: Fifty-nine percent of adults supported requiring interlocks for all DWI offenders. Multivariate analysis revealed that persons who did not report alcohol-impaired driving (AID) were 60% more likely to support requiring interlocks than those who reported AID. Having heard of interlocks also increased support. Support was generally consistent across demographic subgroups. CONCLUSIONS: Interlocks for all offenders have majority support nationwide in the current survey, consistent with previous reports. Support is lowest among those who have reported alcohol-impaired driving in the past 30days. These results suggest that communities with higher levels of alcohol-impaired driving may be more resistant to requiring ignition interlocks for all convicted DWI offenders. Future studies should examine this association further. Practical applications: These results indicate that the majority of adults recognize DWI as a problem and support requiring interlocks for all offenders.

The evaluation stage of the Hoeven Outcome Monitor (HOM): Towards an evidence based groundwork in forensic mental health.

This study examined if a macro-, meso-, and micro outcome measurement instrument that constitutes the evaluation stage of a Dutch forensic psychiatric outcome monitor, the Hoeven Outcome Monitor (HOM), can provide a first step towards a more evidence based groundwork in forensic mental health. General, serious, very serious, special, and tbs meriting recidivism during treatment, after treatment, and overall were charted for forensic psychiatric patients discharged from a Dutch forensic psychiatric centre between 1999 and 2008 (N=164). Re-conviction data were obtained from the official Criminal Records System, and the mean follow-up time was 116.2months. First, the results showed that the macro-measurements provide comparative outcome measures to generate insight into the overall effectiveness of forensic psychiatric treatment. Second, the meso-measurements yielded clinically relevant treatment outcome data for all discharged patients to generate a complete view of treatment effectiveness. Finally, the micro-measurements allowed access to detailed patient and treatment effectiveness assessments that provides the empirical foundation to conduct aetiological research into the prediction and control of high-risk behaviour. Thus, an outcome measurement instrument in line with Evidence Based Medicine and best practice guidelines was designed that provides an empirically sound evaluation framework for treatment effectiveness, and an impetus for the development of effective interventions to generate an evidence based groundwork in forensic mental health.

The Mobility of Youth in the Justice System: Implications for Recidivism.

Both residential mobility and community disadvantage have been shown to be associated with negative outcomes for adolescents generally and juvenile offenders specifically. The current study examines the effects of moving among a large sample (n = 13,096) of previously adjudicated youth (31.6 % female, 41.2 % Black, 16.5 % Hispanic). Additionally, we examine whether moving upward to a more affluent neighborhood, moving downward to an area of greater disadvantage, or moving laterally to a similar neighborhood tempers the effects of residential mobility. We use a combination of analytical techniques, including propensity score matching to untangle the effects of mobility sans pre-existing conditions between movers and non-movers. Results show relocation increases recidivism, irrespective of the direction of the move with regard to socioeconomic context. Moving upward has the most detrimental impact for adjudicated male adolescents, while downward relocations evidenced the largest effect for female youth. Implications for policy and future research needs are discussed.

Diversion of Veterans With Criminal Justice Involvement to Treatment Courts: Participant Characteristics and Outcomes.

OBJECTIVE: This study compared characteristics and outcomes between veterans who participated in veterans treatment courts (VTCs) and veterans involved in criminal justice who participated in other treatment courts (TCs) or who participated in neither VTCs or TCs. METHODS: Data from 22,708 veterans (N=8,083 VTC participants, 680 participants in other TCs [other-TC participants], and 13,945 participants in neither VTCs nor TCs [non-TC participants]) in the Veterans Justice Outreach (VJO) program were analyzed by using multilevel regression models. RESULTS: VTC participants were more likely than other VJO participants to have served in Iraq or Afghanistan, but there were no sociodemographic disparities in access to VTCs. VTC participants were more likely than non-TC participants to have drug or public-order offenses, and they were more likely than other-TC participants to have DUI offenses. VTC participants had better independent housing outcomes than other VJO participants, and they had better employment outcomes than non-TC participants. However, VTC and other-TC participants were also more likely to have jail sanctions and new incarcerations compared with non-TC participants. CONCLUSIONS: VTCs are a growing service model that serves a broad group of veterans with a range of criminal offenses. Although VTCs show moderate benefits in housing and employment, specialized services are needed to reduce recidivism and maximize these benefits.