Street justice: Some micro-moral reservations: Comment on sykes

Research on the use of incapacitation strategies to reduce crime has increased rapidly in the last decade. Estimates of the crime reduction potential are numerous and variable, reflecting different assumptions by researchers. This paper reviews and synthesizes studies of collective and selective incapacitation. Sentencing practices in the 1970s and early 1980s prevented an estimated 10 to 30 percent of potential crimes through collective incapacitation strategies. Greater use of incarceration, such as through mandatory minimum sentences, would prevent additional crimes, but prison populations would increase substantially. Selective incapacitation strategies target a small group of convicted offenders, those who are predicted to commit serious crimes at high rates, for incarceration. These high-rate serious offenders, however, are difficult to identify accurately with information currently available in official criminal history records. Preliminary research, assuming moderate accuracy, suggests that selective incapacitation may prevent some crimes, such as 5 to 10 percent of robberies by adults, but increases in prison populations would result. The future of selective incapacitation is discussed in light of current research and knowledge about serious criminal activity.     

SELECTIVE INCAPACITATION,THREE STRIKES,AND THE PROBLEM OF AGING PRISON POPULATIONS: USING SIMULATION MODELING TO SEE THE FUTURE*

Research Summary: The growth of prison populations over the last three decades is a great source of concern for policy makers and observers. One mechanism by which this growth occurs is via sentencing reforms that extend length of stay for certain categories of offenders. This has the effect of aging prison populations, which is problematic for many reasons. Apart from the increased financial burdens entailed in caring for older prisoners, it is also important to consider the intent of reforms in evaluating them. Of late, sentencing reform has become increasingly focused on the selective incapacitation of dangerous offenders. Policies that have the effect of aging the prison population are problematic from this perspective due to the diminishing returns realized with respect to incapacitation as offenders age. Dynamic systems simulation analysis is employed to investigate the likely consequences of recent sentencing reforms that increase length of stay for some offenders. These analyses indicate that the effects of recent reforms may not be as dramatic as some observers have predicted, but they suggest that the consideration of alternatives to incarceration for elderly offenders is warranted from the standpoint of cost considerations as well as that of selective incapacitation. Policy Implications: The results indicate that California's Three Strikes law will not accelerate the rate of growth of the elderly prison population. However, even without increasing the proportional representation of elderly prisoners, the number of elderly prisoners is expected to grow substantially over the next three decades. These prisoners will strain criminal justice system resources while presenting little public safety threat. State criminal justice policy makers and their constituents should closely examine laws that impose very long stays without discretionary release, as these statutes may contribute to the production of elderly prisoners. This problem is particularly pronounced in Three Strikes and other habitual offender laws that use retrospective methods to identify habitual offenders. Additionally, the effects of reforms lengthening stay for some offenders must be considered in light of cumulative effects of sentencing reform resulting in changes to the demographic structure of the prison population overall. Dynamic systems simulation modeling is presented as a valuable policy‐making tool, as it allows the policy analyst to examine the potential impacts of laws in the absence of data suitable for conventional statistical analyses.     

Violent recidivism and chronicity in the 1958 Philadelphia cohort

In the present study the relationship between chronicity and violent recidivism is analyzed using longitudinal data from the 1958 Philadelphia cohort. The data reaffirm prior research findings that a small cadre of offenders commits the majority of crimes which involve serious harm to the community, yet it was found that the violent offenders accounted for a large share of the more serious index offenses. In addition, among violent delinquents there is a greater proportion of chronic offenders than among nonviolent delinquents. Chronic offenders were more likely than nonchronic offenders to repeat a violent offense. Violent recidivists also committed a large proportion of nonviolent index offenses. One might imply from the results of this study that a policy of selective incapacitation of high-rate offenders would substantially reduce the amount of violent crime as well as nonviolent crime.     

SELECTIVE INCAPACITATION AND THE PROBLEM OF PREDICTION*

Recent innovations in sentencing policy across the United States reveal a renewed interest in the idea of selective incapacitation of criminal offenders. This is perhaps most evident in the proliferation of “Three Strikes and You're Out” habitual-offender statutes across the nation. Although the term was first introduced by David Greenberg in 1975, Peter Greenwood and Allan Abrahamse's eponymous 1982 Rand report represents the most fully articulated plan for implementing such a strategy. The report's release stimulated much discussion, because of the AUTHOR'S claims that selective incapacitation could simultaneously reduce crime rates and prison populations. Ethical problems inherent in such proposals as well as methodological inconsistencies in the original research warrant a reexamination of the proposal and of the empirical basis for the conclusions offered therein. Greenwood and Abrahamse's original research is replicated with a representative sample of California state prison inmates (N = 2, 188) in light of these limitations, with specific focus on the methodological issues concerning the construction of the predictive scale. The selective incapacitation scheme advocated by Greenwood and Abrahamse performs extremely poorly in terms of both reliability and validity, thus precluding the implementation of such schemes. The article contains a discussion of other, more ethically acceptable uses of an instrument that identifies “high-rate” or “dangerous” offenders. In conclusion, some observations on the limitations of incarceration-based strategies of crime control are offered.     

CRIMINAL CAREER RESEARCH: ITS VALUE FOR CRIMINOLOGY*

In a recent paper published in this journal, Gottfredson and Hirschi (1986)¹ argue that the concepts of criminal careers, career criminals, selective incapacitation, prevalence, and incidence, and longitudinal studies all have little value for criminology. In our view their paper misrepresents these concepts and our research on these topics. We are pleased to have the opportunity in this paper to develop these concepts more clearly and to show their relevance for criminology.     

THE SIZE OF THE “CRIMINAL POPULATION”: THE PREVALENCE AND INCIDENCE OF ADULT ARREST*

The recent emphasis in criminological theory and research on “chronic offenders” assumes that involvement in crime is concentrated among a small group of offenders rather than being widespread in the population. To address this question, this study employs a longitudinal data base on criminal histories to estimate the prevalence of arrest—defined as the proportion of a population ever arrested—and the incidence of arrest—defined as the number of arrests incurred by those ever arrested—for an age cohort of young adults between the ages of 18 and 29. The results show that being arrested is a relatively common experience for young adults: nearly one-quarter of the entire cohort and one-third of the males in the cohort were arrested at least once. One of six males and two of five black males were arrested for an index offense. The data on incidence reveal the presence of a subset of “chronic offenders” who are responsible for a disproportionate number of arrests. However, defined in terms of three or more arrests for any offense, their numbers are smaller, but the data suggest it may be difficult to distinguish “chronic offenders” from “one-time” offenders because 60% do not recidivate. These findings suggest that the current preoccupation with chronic offenders may obscure the broader social structural factors that cause very large segments of the population to come into conflict with the law.     

The idea of selective release

We interviewed 203 juvenile inmates housed in a juvenile corrections facility in New Orleans, using a revised version of the Rand instrument developed by Chaiken and Chaiken. The purpose was to demonstrate how prediction scales, used in the past to identify high-rate offenders for selective incapacitation, actually may be more suitable for identifying low-rate offenders for selective release. Our results show that the prediction scale performed worse at identifying high-rate offenders but better at identifying low-rate offenders. We discuss the policy implications of our findings.     

Risk assessment vs real prediction: The prediction problem and public trust

Confusing risk assessment and the prediction of individual behavior has led to false claims which, if translated into juvenile court or adult sentencing policies (selective incapacitation, for example), may lead to further erosion in public confidence in the justice system. Considerable emphasis has been placed on the consequences of false positives in the literature and in this paper. The false negative has different but equally damaging effects because the impression may be given that increasing the severity of sanctions for selected serious offenders is the solution to juvenile delinquency and adult crime. Analysis of official police records for three birth cohorts from Racine, Wisconsin, reveals that, although high-risk groups produce a disproportionate share of the delinquent and criminal behavior recorded in police reports and juveniles in high-risk groups continue into adult crime disproportionately to others, serious juvenile offenders still account for only a portion of the serious offenses that will ultimately be committed by adults. Therefore, selective incapacitation of early offenders may take only a small bite out of crime. When referrals rather than police contacts were utilized as the predictor variable, there was little difference in predictive efficiency.     

Self-Reported Violent Offending Among Subjects with Genius-Level IQ Scores

While research indicates offenders have IQ scores approximately eight points below the population average of 100, very little is known about the crimes of individuals with above-average IQ scores. The current research is not limited to acts of family violence, but it describes the self-reported offending of 465 high-IQ subjects for eight violent crimes: robbery, carrying a concealed weapon, making a serious threat, serious assault, homicide, constructing an explosive device, kidnapping, and attempting suicide. Rates of prevalence and incidence are reported and compared to the rates from a control group of 756 individuals with average IQ scores. High-IQ subjects reported higher rates of prevalence, incidence, and arrest, but lower levels of conviction, than controls. A significant positive correlation exists for offenders between IQ score and lifetime incidence rate for robbery, homicide, and kidnapping, and a significant negative correlation exists between IQ score and incidence of attempted suicide.     

The Incapacitation Effect of First-Time Imprisonment: A Matched Samples Comparison

Objectives

The logic of incapacitation is the prevention of crime via the forced removal of known offenders from the community. The challenge is to provide a plausible estimate of how many crimes an incarcerated individual would have committed, were s/he free in the community rather than confined in prison. The objective of this study is to provide estimates of the incapacitation effect of first-time imprisonment from a sample of convicted offenders.

Methods

The data are official criminal records of all individuals convicted in The Netherlands in 1997. Two different analytical strategies are used to estimate an incapacitation effect. First, the offending rate of the imprisoned individuals prior to their confinement in 1997 provides a “within-person counterfactual”. Second, imprisoned offenders are paired with comparable non-imprisoned offenders using the method of propensity score matching in order to estimate a “between-person counterfactual”. Incapacitation estimates are provided separately for juvenile imprisonment (ages 12–17) as well as adult imprisonment (ages 18–50), and for male and female offenders.

Results

The best estimate is that 1 year of incarceration prevents between 0.17 and 0.21 convictions per year. The use of additional data sources indicates that this corresponds to between roughly 2.0 and 2.5 criminal offenses recorded by the police.

Conclusions

The current results suggest that, insofar as imprisonment is used with the primary goal of reducing crime through incapacitation, a general increase in the use of incarceration as the sanction of choice is not likely to yield major crime control benefits.     

The Impact of Imprisonment on Marriage and Divorce: A Risk Set Matching Approach

Marriage has a prominent place in criminological theory and research as one institution that has the potential to genuinely foster desistance from a criminal career. Mass imprisonment policies in the United States and elsewhere, therefore, pose a potential threat of increased crime if they impede the ability of ex-prisoners to reintegrate into society by stigmatizing them and limiting their chances in the marriage market. We use a long-term study of a conviction cohort in The Netherlands to ascertain the effect that first-time imprisonment has on the likelihood of marriage and divorce. The results suggest that the effect of imprisonment on the likelihood of marriage (among unmarried offenders) is largely a selection artifact, although there is very weak evidence for a short-lived impact that does not persist past the first year post-release. This is interpreted as a residual incapacitation effect. On the other hand, the results strongly suggest that the experience of incarceration leads to a substantially higher divorce risk among offenders who are married when they enter prison.     

First do no harm: a look at correctional policies and programs today

Objectives

This paper reviews the historical changes in correctional policies and the impact these changes have had on the operations of corrections and correctional programs. Social changes and theoretical perspectives moved corrections away from a focus on rehabilitation to programs characterized by deterrence, incapacitation, and control. Similarly, theoretical criminology encouraged corrections to move away from rehabilitation towards programs designed to provide social opportunities such as employment and housing for offenders. This paper examines whether these changes in policies and programs have been effective in reducing recidivism. The question is: What works in corrections?

Methods

This paper reviews the research examining the impact of correctional policies and programs on the later criminal activities of offenders and delinquents. Research using systematic reviews, meta-analyses, and the Maryland method scores is used to draw conclusions about the effectiveness of various types of programs, management strategies, and policies.

Results

Research demonstrates programs based on deterrence, incapacitation and increased control do not reduce the future criminal activities of offenders and delinquents. Nor have programs targeting social opportunities such as employment and housing been effective in reducing recidivism. The most effective programs target individual-level change in thinking and information processing.

Conclusions

In the search for ways to sanction offenders, U.S. correctional policies and programs using control, deterrence, and incapacitation have harmed individuals and communities. Such programs have not been effective in reducing recidivism. While programs that provide social opportunities for offenders do not necessarily harm offenders neither do they decrease later criminal activities. Effective programs bring about a cognitive transformation in offenders and delinquents. Theorists have begun to develop hypotheses about how and why these transformations are effective. The current emphasis on evidence-based programs, the research evidence on what is effective and the need to reduce the cost of corrections suggest we are on the brink of another paradigm change. Where this will take us is still unclear, but the paradigm will have to address the current problems facing the U.S. correctional systems.     

Self-reported offending,maturational reform,and the Easterlin hypothesis

The maturational reform hypothesis and the Easterlin cohort size hypothesis are used to specify models in which age, period, and cohort effects on self-reported crime and delinquency are estimated. Curvilinear effects, logarithmic transformations, and the distinction between prevalence and frequency of offending are considered. The maturational reform hypothesis is supported for general delinquency but not for serious (Index) delinquency, for which there appears to be a steady decline in the behavior with age. The Easterlin hypothesis is supported for both general and Index delinquency. Theoretical, methodological, and substantive implications of the results are discussed.     

COMPARING DELINQUENCY CAREERS IN COURT RECORDS AND SELF‐REPORTS*

Most knowledge about delinquency careers is derived from official records. The main aim of this paper is to compare conclusions about delinquency careers derived from court referrals with conclusions derived from self‐reports. Data are analyzed from the Seattle Social Development Project, which is a prospective longitudinal survey of 808 youths. Annual court and self‐report data were available from age 11 to age 17 for eight offenses. The prevalence of offending increased with age, in both court referrals and self‐reports. There was a sharp increase in the prevalence of court referrals between ages 12 and 13, probably because of the reluctance of the juvenile justice system to deal with very young offenders. The individual offending frequency increased with age in self‐reports, but it stayed constant in court referrals, probably because of limitations on the annual number of referrals per offender. There was significant continuity in offending in both court referrals and self‐reports, but continuity was greater in court referrals. The concentration of offending (and the importance of chronic offenders) was greater in self‐reports. An early age of onset predicted a large number of offenses in both self‐reports and court referrals. However, an early onset predicted a high rate of offending in court referrals but not in self‐reports, possibly because very young offenders who were referred to court were an extreme group. About 37% of offenders and 3% of offenses led to a court referral. The more frequent offenders were less likely to be referred to court after each offense, but most of them were referred to court sooner or later. There was a sharp increase between ages 12 and 13 in the probability of an offender and an offense leading to a court referral. It is concluded that criminal career research based on self‐reports sometimes yields different conclusions compared with research based on official records.     

DISAGGREGATING SELF-REPORTED DELINQUENCY AND ITS IMPLICATIONS FOR THEORY*

This paper examines the theoretical import of disaggregating self-reported delinquency data into two constituent parts: (1) prevalence data, which record the proportion of any group involved in crime, reject the decision to participate in crime, and (2) incidence data, which record the frequency of offending within the subgroup of participants, reject the decision to repeat a previously committed offense. The importance of this conceptual distinction is that different causal facts may be involved in these separate offending decisions and those differences would be obscured if the data were not disaggregated. We review major delinquency theories to determine if theoretical variables are more strongly related to the prevalence or the incidence of delinquency. Multivariate models tentatively suggest that the distinction between prevalence and incidence should be maintained, although additional research with more serious offenses is needed.     

To what extent does civil commitment reduce sexual recidivism? Estimating the selective incapacitation effects in Minnesota

PurposeThis study examines the selective incapacitation effects of civil commitment on sexual reoffending among 105 Minnesota sex offenders who were civilly committed between 2004 and 2006.MethodsThe Minnesota Sex Offender Screening Tool-3, a sexual recidivism risk assessment instrument, was used to estimate what the four-year sexual recidivism rate would have been for these offenders had they been released to the community. Integration of Survival with Quality of Life (iSQoL) software was used to extrapolate the survival curves over a 50-year period to develop a lifetime sexual recidivism estimate.ResultsIf the 105 civilly committed sex offenders had been released to the community, an estimated nine percent would have been reconvicted of a new sex offense within four years. Civilly committing these offenders therefore likely reduced the overall four-year sexual recidivism rate by 12 percent. The results further suggest that if these offenders had been released to the community, an estimated 28 percent would be rearrested for another sex offense within their lifetime.ConclusionsTo better align the costs of civil commitment with its public safety benefits, states operating these programs should emphasize the use of intermediate alternatives in the community for a more positive return on investment.     

Sexual offenders with learning disabilities: risk,recidivism and treatment

Abstract

While the literature on the assessment, treatment and management of non-learning disabled sexual offenders is well established, it is only in recent years that researchers and clinicians have focused on sexual offenders with learning disabilities. In contrast to mainstream sex offender treatment programmes, there are few evaluated community-based treatment programmes for sexual offenders with learning disabilities, and of the small number of published studies that describe treatment programmes, most are based on small samples and few have been validated empirically. Sexual offenders with learning disabilities differ from their non-disabled counterparts in several important ways, having implications for management and treatment. Due to methodological differences between studies, the prevalence of sexual offending by men with learning disabilities is not clear. However, in some studies, the sexual recidivism rate of offenders with learning disabilities is 6.8 times and 3.5 times that of non-disabled sexual offenders at 2- and 4-years’ follow-up, respectively. Sexual offenders with learning disabilities are also at greater risk of re-offending in a shorter time period. There remains an urgent need for further research into the assessment of risk and whether components from mainstream treatment programmes can be adapted to meet the needs of learning disabled sexual offenders. Approaches to working with sexual offenders with learning disabilities and programme development are discussed.     

CRIMINAL ACHIEVEMENT, OFFENDER NETWORKS AND THE BENEFITS OF LOW SELF-CONTROL

This study follows recent research on criminal earnings and examines the impact of underlying traits (low self-control) and personal organization features (nonredundant networking) on the criminal earnings of a sample of incarcerated offenders previously involved in market and predatory crimes. Controlling for various background factors (age, noncriminal income, lambda and costs of doing crime), both low self-control and nonredundant networking independently explain why some offenders are more successful than others in achieving higher monetary standards through crime. Although efficient, brokerage-like networking enhances market offenders' earnings, low self-control emerges as an asset for predatory offenders: the lower their self-control, the higher their criminal earnings. For market offenders, however, low self-control has no direct effect, but it does mitigate the impact of effective networking on criminal earnings. The results emerging from this study have implications for Gottfredson and Hirschi's theory of crime and the advent of a criminal network perspective. Extensions are also made toward the conventional/criminal embeddedness framework and deterrence research.     

Sexual predators and prey: a comparative study of the hunting behavior of rapists and child molesters

Although there has been an increase in research on sex offenders' modus operandi, geographic decision making, and hunting behavior, most studies still tend to emphasize criminal motivation while overlooking the role of situational and environmental factors. Studies of mixed samples of rapists and child molesters typically neglect to conduct comparative analyses. Consequently, the full nature of their distinction is not clear. This is particularly problematic for the understanding of crossover or polymorphous sex offenders, who target victims from various age groups. Using a sample of 216 incarcerated sexual offenders, hunting behavior patterns were identified and tested to establish which hunting behavior patterns were associated with each type of offender. Relationships between modus operandi, geographic decision making, and hunting behavior were also examined. Three types of offender were identified: (a) manipulative; (b) opportunist; and (c) coercive. The manipulative offender is typically a child molester. The coercive offender is typically a rapist. The opportunist offender includes both rapists and child molesters. These findings emphasize the relevance of polymorphous, crossover, or versatile sex offenders and suggest new ways of conceptualizing sex offenders and their study.     

Attitudes Toward Electronic Monitoring: An Exploratory Analysis Among Criminal Justice Students in Bosnia and Herzegovina

The purpose of this research study is to examine attitudes associated with the use of electronic monitoring as a criminal justice sanction in Bosnia and Herzegovina. Utilizing self-reported survey data from 57 graduate students enrolled in a criminal justice policy based course at the University of Sarajevo, students’ attitudes toward electronic monitoring are assessed. Specifically, students’ personal views about whether electronic monitoring meets the sentencing goals of deterrence, incapacitation, retribution, rehabilitation and reintegration are evaluated. Perceptions of the cost-effectiveness of electronic monitoring and the appropriateness of electronic monitoring as a sentence for specific offender types are also examined. Finally, the influence of student socio-demographic characteristics on opinions are also assessed. As a whole, students surveyed appear to support the use of electronic monitoring for juvenile offenders and offenders awaiting trial. Additionally, respondents do not view the conditions associated with electronic monitoring as all that negative or obtrusive. Implications from these findings, as well as limitations and suggestions for further research are discussed.