Capital Offenders in Texas Prisons: Rates, Correlates, and an Actuarial Analysis of Violent Misconduct

This study analyzed the records of 136 recently incarcerated capital murder offenders in the initial phase (M = 2.37 years, range = 6-40 months) of their life sentences in the Texas Department of Criminal Justice. Prevalence rates of institutional violence were inversely related to severity: potentially violent misconduct (36.8%), assaultive violations (14%), serious assaults (5.1%), and homicides (0%). Consistent with prior studies, factors correlated with assaultive misconduct included age (inversely), prior prison confinement, and concurrent robbery or burglary in the capital offense. A simplified Burgess scale entitled the Risk Assessment Scale for Prison-Capital (RASP-Cap) was moderately successful in identifying varying levels of improbability of committing violence-related misconduct however defined (AUC = .715-.766).     

Female juvenile murderers: Biological and psychological dynamics leading to homicide

The increasing involvement of girls under 18 in violent crime has been a matter of growing concern in the United States in recent years. This article reviews the arrests of female juveniles for violent crime and then focuses specifically on their involvement in homicide. Arrests of girls for murder, unlike arrests for assault, have not risen over the last 30 years, suggesting that the dynamics that propel female juveniles to engage in lethal violence differ from those contributing to assaultive behavior by this same group. A review of the literature indicates that theories as to why female adolescents kill do not take into account recent scientific findings on brain development and the biological effects of early trauma in explaining serious violent behavior by girls. Three cases, evaluated by the authors, involving female adolescents charged with murder or attempted murder, are presented. The authors focus on the biological and psychological dynamics that help explain their violent behavior. They discuss the effects of insecure attachment and child maltreatment, and trace a critical pathway between these early experiences and future risk of violent behavior. The dynamics of child maltreatment in fostering rage and violence are discussed thereafter in terms of offender accountability. The article concludes with a discussion of treatment and recommendations for future research.     

Preliminary Study of Testosterone and Empathy in Determining Recidivism and Antisocial Behavior

Recidivism, repeated criminal behavior after conviction and correction of prior offenses, is a costly problem across the nation. However, the contribution of empathy in determining the risk of recidivism has received limited attention, although lack of empathy has been related to antisocial personality disorder in various studies. Studies linked testosterone to aggression, antisocial behavior, and criminality, and evidence support hormonal connections between empathy and aggression. Adult male prison inmates convicted of violent or nonviolent offenses were included in a cross‐sectional study of empathy, antisocial behavior, salivary testosterone, and recidivism. Subjects underwent criminal history, Empathy Quotient, Levenson Self‐Report Psychopathy Scale, Beck Depression Inventory, Spielberger State‐Trait Anxiety Inventory, and salivary testosterone assays. Bivariate analyses indicated multiple correlations between variables. Multivariate modeling analyses found a significant relationship between self‐reported conviction number and psychopathy scale score (p = 0.013). These preliminary results suggest avenues of investigation of factors contributing to recidivism risk.     

Childhood Behavior and Adult Criminality: Cluster Analysis in a Prospective Study of African Americans

Adult criminality has important roots in childhood. While many studies have established that multiple problem behaviors in childhood increase the likelihood of future crime and deviance, the current study extends this “established” relationship by asking three questions: (1) Do different combinations of childhood behavioral risk factors affect adult offending? (2) Do family risk factors affect adult offending above and beyond these combinations of risks?, and (3) Are there gender differences present with respect to these two questions? Gender-specific cluster analyses identified seven clusters of childhood behavioral patterns based on teacher ratings measured in first grade among an epidemiologically-defined cohort of African Americans. Multinomial logistic regression analyses were utilized to examine the relationship of cluster membership, family risks, and criminal arrests through age 32 for serious violent and property crimes. While some gender differences emerged, both males and females in the multiple problem cluster were more likely to have later arrests for serious crime. Females who were frequently punished as first graders were most likely to have later arrests for serious crimes, while males who were from mother-only families were at higher risk of having serious criminal arrests compared to those from mother–father families. Implications for prevention and intervention strategies are also discussed.     

Psychiatric hospitalization history and parole decisions

The present study investigates the impact of a recent history of psychiatric hospitalization on obtaining parole for an exit cohort of male offenders. Legal variables (number of prior imprisonments, prior arrest for violent crime, use of violence in current offense, conviction for drug-related offense, history of drug use, and annual prison infraction rate), social and community support variables (marital status, education, area of conviction, family support, and occupation), and extralegal variables (race and age at release) are all examined, along with psychiatric hospitalization history, for their impact on the parole decision-making process and, ultimately, the percentage of maximum sentence served. The results from logistic regression and multiple regression indicate that psychiatric hospitalization history significantly reduces the likelihood of receiving parole and increases the percentage of maximum sentence served. This relationship persists once other variables have been controlled. Possible explanations and policy implications are discussed.     

Violent criminals locked up: Examining the effect of incarceration on behavioral continuity

Purpose

The purpose of the current study was to determine whether, and the degree to which, inmates committing specific types of violent crimes in the community were prone to commit acts of violence while incarcerated.

Materials and methods

Data were collected from the Texas Department of Criminal Justice on the prison stock population and a restricted admissions cohort serving time during FY 2008.

Results

After controlling for pre-prison and post-conviction characteristics, crime of conviction retained a modest degree of influence on inmates’ propensity to commit dangerous rule violations in prison. Inmates convicted of assault, robbery and other miscellaneous violent crimes were more likely to commit dangerous rule infractions than inmates convicted of property crimes, supporting the behavioral continuity thesis. Inmates convicted of homicide were no more likely, and those convicted of sexual assault less likely, to commit dangerous rule violations in comparison to those convicted of property crimes.

Conclusions

The findings suggest that researchers and prison officials should not view all inmates convicted of one of a broad category of “violent crimes” in the community as being equivalent in their propensity for violence while incarcerated.     

Assertions of “Future Dangerousness” at Federal Capital Sentencing: Rates and Correlates of Subsequent Prison Misconduct and Violence

The federal prison disciplinary records of federal capital inmates (n=145) who were sentenced to life without possibility of release (LWOP) by plea bargain, pre-sentencing withdrawal of the death penalty, or jury determination were retrospectively reviewed (M=6.17 years post-admission). Disaggregated prevalence rates were inversely related to infraction severity: serious infraction =0.324, assaultive infraction =0.207, serious assault =0.09, assault with moderate injury =0.007, assault with major injuries or death =0.00. Frequency rates of misconduct were equivalent to other high-security federal inmates (n=18,561), regardless of infraction severity. Government assertions of "future dangerousness" as a nonstatutory aggravating factor were not predictive of prison misconduct. These findings inform federal capital risk assessments and have public policy implications for procedural reliability in death penalty prosecutions.     

Reversing the historical tide of iatrogenic harm: A therapeutic jurisprudence analysis of increases in arrests of domestic batterers and rapists

Therapeutic jurisprudence (TJ) proposes that the law is a social force that can heal or cause harm to parties in a legal action. Historically, women victims of intimate partner rape and domestic violence could not seek justice in the legal system because police, like other actors in the justice system, treated these offenses as private matters or fabrications. In domestic violence and intimate rape cases, TJ is concerned with the needs of the victims, and how the law and police play a role in increasing their well-being. In this article, we use a TJ approach to the study of police responsiveness to victims of these offenses by investigating arrests of the offenders pursuant to law reforms that encourage or mandate arrest. Given that in these offenses, victims have the lowest reporting rates of any violent crime, the victim decision to call the police represents an expectation that the mere physical presence of a police officer may redefine the nature of the violence from a private conflict to a societal wrong that will not be tolerated. Police partnership with and treatment of the victim with respect and dignity can change the dynamics of the violence, terminate the violence, and set the criminal justice process in motion by arresting the offender in most cases. Police arrest, and subsequent prosecution and conviction, sends a message to offenders that society does not tolerate their violence, and allows the victim to begin to heal. Yet, past research indicates that police are less likely to arrest intimates than acquaintances and strangers in misdemeanor and aggravated assault, rape, and sexual assault cases. Using the National Incidence Reporting System (NIBRS) for the year 2000, we examine police arrests of intimate partner rape and domestic violence in jurisdictions with mandatory and presumptive arrest policies compared to police arrests in full discretion jurisdictions. We also ascertain whether arrest rates are higher for strangers and acquaintances than for intimates in misdemeanor and aggravated assault, kidnapping, and rape and sexual assault. Third, we determine whether police arrests of intimate partner rape is more likely if there is evidence of violence, injury to the victim, and use of a weapon. Our multivariate findings suggest that both the rape and the domestic violence reform movements have reversed the tide of historical negative treatment of female victims of these offenses. Logistic regression analysis indicates that police agencies in mandatory and preferred arrest jurisdictions increase the odds of arrest for domestic violence incidents and violations of orders of protection, compared to police agencies in jurisdictions with permissive/discretionary arrest policies. In addition, intimate violence increases the odds of arrest by 98%; forcible rape accompanied by simple assault or kidnapping increases the odds of arrest by 467 and 222%, respectively whereas forcible fondling accompanied by simple assault increases the odds of arrest by 293%. We discuss the implications of our findings for future law reform as well as TJ.     

Elderly sexual offenders admitted to a maximum-security forensic hospital

The purpose of the study was to determine the clinical and demographic characteristics of elderly sexual offenders at a maximum-security forensic hospital. Charts of male elderly patients charged with sexual offenses were reviewed to obtain clinical and demographic data. The majority of sexual offenders had mood or psychotic disorders. Almost one third had a history of violent or assaultive behavior. 57% had significant medical history. A history of violence and sexual assaultive behavior may be risk factors for future sexual offenses.     

Criminal history and social disadvantage as predictors of the severity of violent offending

ABSTRACT

Lethal violence is often seen as the tip of the iceberg and homicide perpetrators are seen as manifesting the most extreme number of various risk factors. This article explores whether that is the case. Using a unique data set combining data from several administrative registers with a nationally representative sample of different types of police-reported violence committed during 2010–2011 (N = 26,303 offenders) in Finland, we compare the offenders of five different types of violence (minor assault, assault, aggravated assault, attempted homicide, and completed homicide). In addition, we examine the association between the severity of violence and prior criminal history and different types of strain. The results give partial support to the hypothesis: the more serious the violence, the more crime prone and socially disadvantaged the offender. Yet, lethal offenders do not stand out alone; the division, rather, appears to be between offenders of serious (aggravated assault, attempted homicide, completed homicide) and less serious (minor assault, assault) forms of violence.     

TRENDS IN VIOLENT CRIME AMONG EX-MENTAL PATIENTS

A central component of the public's conception of the mentally ill is that they are dangerous. This belief receives support from recent studies of the arrest rates of ex-mental patients which suggest that arrests for violent crimes have increased. In order to investigate this issue, samples were taken at two points in time. Analysis of arrest rates revealed that very few ex-mental patients were subsequently arrested for violent crimes, although these rates were higher and increasing faster than these of the general population. Mast significant were the findings that subsequent arrests were best explained by the number of prior arrests and that the percentage of patients with a history of criminal behavior has increased dramatically over time. The implications of these trends in violent crime among ex-mental patients for the perceived link between mental illness and violence and for the social control functions of society are discussed.     

In and out of prison: Do importation factors predict all forms of misconduct or just the more serious ones?

Purpose

This study was designed to investigate whether importation factors predict all forms of prison misconduct and recidivism or just the more serious forms.

Methods

Six importation factors were examined: age, marital status, street gang affiliation, criminal thinking, prior drug abuse, and criminal history. Count data for two high severity infractions (assault, escape), two high-moderate severity infractions (fighting, possession of intoxicants), two moderate severity infractions (refusing programs, stealing), two high severity crimes (assault, robbery), and two moderate severity crimes (DUI, failure to appear) were regressed onto these six importation variables in samples of 2488 (prison infractions) and 1101 (recidivism) male inmates.

Results

The importation variables successfully predicted the four infractions that were rated high and high-moderate in severity and the two crimes that were rated high severity but not the two infractions or two crimes that were rated as moderate in severity.

Conclusions

These findings suggest that importation factors are differentially predictive of more serious forms of infraction and recidivism and that the importation model may have as much to offer the study of community adjustment and recidivism as it does the study of institutional adjustment and disciplinary infractions as part of the more general theoretical construct of criminal propensity.     

Violent crime and substance abuse: a medico-legal comparison between deceased users of anabolic androgenic steroids and abusers of illicit drugs

Several case reports and survey studies have indicated that abuse of anabolic androgenic steroids (AAS) often leads to increased aggressiveness and feelings of hostility that may occasionally trigger violent behaviour. Other observations indicate that many users of AAS also abuse alcohol and/or various illegal substances. Since substance abuse is a well-known risk factor for violent behaviour, it could be that violence committed by AAS users might, at least in many cases, actually be caused by abuse of other drugs. In order to examine this possibility further here, the criminal histories (in terms of incidences of convictions) of deceased users of AAS with (AASpos-subst.pos) and without (AASpos-subst.neg) signs of abuse of other illegal substances were compared to the corresponding histories of deceased users of illicit substances testing negatively for AAS (subst.pos-AASneg) at the time of autopsy. The risk of being convicted for a crime against property was significantly higher in the subst.pos-AASneg group than in either the AASpos-subst.neg or AASpos-subst.pos groups (RR=0.048 versus 0.408). At the same time, the risk of being convicted for a crime of violence was at least as high for the two AAS-positive groups as for the AAS-negative group. Furthermore, when compared with the first 3 years after the first criminal conviction, a pronounced increase in the proportion of incidence of violent crimes and a marked reduction in the proportion of incidence of crime against property was observed during the 3-year period immediately preceding death only among the AASpos-subst.neg subjects. In conclusion, the incidence of violent crime among users of AAS without signs of other drug abuse was comparable to the corresponding incidences for drug addicts without AAS use. This observation suggests that the violent criminality observed among AAS users is not confounded in any systematic fashion by abuse of other drugs. The findings also indicate that use of AAS in certain predisposed individuals might cause a high rate of violent crimes, especially if the use of AAS is combined with the use of other illegal substances.     

The prevalence of sexual violence in prison: the state of the knowledge base and implications for evidence-based correctional policy making

The issue of prison violence and misconduct has been the subject of considerable academic attention, yet particularized areas of violent victimization within prisons have gone relatively unnoticed. One such area involves sexual violence in prisons. Scholars have argued that sexual violence contributes to a host of institutional and individual-level problems, yet the primary limitation of this body of literature is that it has been largely confined to methodologically questionable studies of prison rape prevalence. The purpose of this study, therefore, is to critically take stock of what is and what is not currently known about the prevalence of prison sexual violence. In doing so, it highlights the direction that future research should take so that evidence-based policies concerning prison sexual violence may be developed.     

Recidivism among sex offenders: a follow-up study of 541 Norwegian sex offenders

A study of recidivism to sexual offences was conducted among Norwegian males who had received their first conviction for a sexual crime during the years 1970-1974. Five hundred and forty-one out of a total of 1,071 offenders were randomly selected and followed by means of official and public register systems until the end of August 1983. No one was contacted personally by the investigators. The recidivism rate was 12.8%, with the rapists having the highest tendency to commit new sexual crimes. Acts like incest, exploitation of someone in the custody of the perpetrator or similar felonies against so-called public morals were least likely to be repeated. Most of the repeat offenders only had one single subsequent offence, either of the same type of crime as at the first or to a less severe crime. Only a handful committed more than one repeat offence. A large number of the sexual offenders had committed others types of crimes, some prior to their first conviction for the sexual crime and some subsequent. Most of our criminally convicted males had a record of mixed criminality, in which crimes of profit and violence dominated.     

Patterns of violent specialization: Predictors of recidivism for a cohort of parolees

Historically, there has been interest in the unfolding of criminal careers, especially in the persistence, specialization, and prediction of violent recidivism. Specialization in violent crime is particularly important as both the public and politicians have called for longer sentences, incapacitation, and prison expansion for violent offenders. However, research on the specialization of violent crime has been largely overlooked in spite of its importance to criminal justice practitioners and public interest. To examine the specialization in crime, this research uses data collected in Ohio in 1989 on a cohort of 3,353 parolees released from prison. Specialization is defined as the exclusive admission to prison for a violent crime with a subsequent violent recidivism offense. Logistic regression is used to delineate predictors of violent specialization. Race, county of commitment, age at release, time served, number of prior felony convictions, and number of prior parole revocations are found to be related to violent specialization.     

EXPLAINING THE GENDER GAP IN CRIME: THE ROLE OF HEART RATE

Although it is well established that males engage in more crime compared with females, little is known about what accounts for the gender gap. Few studies have been aimed at empirically examining mediators of the gender–crime relationship in a longitudinal context. In this study, we test the hypothesis that a low resting heart rate partly mediates the relationship between gender and crime. In a sample of 894 participants, the resting heart rate at 11 years of age was examined alongside self‐reported and official conviction records for overall criminal offending, violence, serious violence, and drug‐related crime at 23 years of age. A low resting heart rate partially mediated the relationship between gender and all types of adult criminal offending, including violent and nonviolent crime. The mediation effects were significant after controlling for body mass index, race, social adversity, and activity level. Resting heart rate accounted for 5.4 percent to 17.1 percent of the gender difference in crime. This study is the first to produce results documenting that lower heart rates in males partly explain their higher levels of offending. Our findings complement traditional theoretical accounts of the gender gap and have implications for the advancement of integrative criminological theory.     

Comparing Male and Female Prison Releasees across Risk Factors and Postprison Recidivism

This study, using data from a large sample of prison releasees, examined the similarities and differences in men's and women's risk factors for recidivism involving rearrest for any crime and rearrest for a violent crime during an average 3.4-year follow-up period. Logistic regressions revealed several gender differences. Prior incarceration, time served, and specific types of prior arrest histories had differential associations with women's and men's overall and violent recidivism. Age, race, and conviction offense were gender-specific risk factors for overall recidivism, and education level and marital status were gender-specific risk factors for violent recidivism. Implications for risk assessment are discussed.