Envisioning the next generation of behavioral health and criminal justice interventions

The purpose of this paper is to cast a vision for the next generation of behavioral health and criminal justice interventions for persons with serious mental illnesses in the criminal justice system. The limitations of first generation interventions, including their primary focus on mental health treatment connection, are discussed. A person–place framework for understanding the complex factors that contribute to criminal justice involvement for this population is presented. We discuss practice and research recommendations for building more effective interventions to address both criminal justice and mental health outcomes.     

Racial Minority Women and Criminal Justice Responses to Domestic Violence

Racialized minority women’s experiences with Canadian specialized criminal justice responses to domestic violence have seldom been documented. Informed by an intersectionality framework, this qualitative study presents the struggles of 14 racial minority women from three Canadian cities and their experiences with the police and criminal court’s response to their partner’s acts of domestic violence. The results focus on how well specialized criminal justice responses address the needs of these women and protect them from further violence. Factors that facilitate or deter these women from approaching the criminal justice system for help are highlighted. The implications of these women’s narratives for criminal justice responses to domestic violence are discussed.     

The effect of maternal incarceration on adult offspring involvement in the criminal justice system

Researchers have estimated that 63 percent of incarcerated women have one or more minor children and most reported living with their children prior to incarceration (Mumola, 2000). Unfortunately, children of incarcerated parents have been a relatively invisible population in the research on the collateral consequences of incarceration. The goal of the current study was to examine the long-term effect of maternal incarceration on adult offspring involvement in the criminal justice system using data from the mother child sample of the National Longitudinal Survey of Youth 1979. Based on existing research, it was hypothesized that the adult offspring of incarcerated mothers would be more likely to have been convicted of a crime or to be sentenced to probation. The effect of maternal incarceration on correlates of criminal behavior in adolescence and early adulthood (e.g., negative peer influences, positive home environment) was also modeled to assess possible indirect effects. The results highlighted the direct effect of incarceration on adult offspring involvement in the criminal justice system, but parental incarceration had little association with correlates of criminal behavior.     

Stopping the revolving door: a meta-analysis on the effectiveness of interventions for criminally involved individuals with major mental disorders

Faced with high and increasing rates of mental disorder within the criminal justice system (CJS), a range of interventions have been implemented in an effort to prevent continued involvement in criminal activities among this population. A meta-analytic review was undertaken to consider the effectiveness of interventions for criminally involved adults with a mental disorder targeting either improved criminal justice or mental health outcomes. Furthermore, characteristics that were hypothesized to predict better outcomes were examined. Studies that considered sex offender interventions, or focused solely on antisocial personality, intellectual and cognitive, or substance use disorders were excluded. Results assuming a fixed-effects model combining 37 effect sizes from 25 studies (N = 15,678) support the effectiveness of these interventions in terms of reductions in any CJS involvement (d = 0.19 excluding one outlier). Interventions had no significant effect on an aggregate mental health outcome (d = 0.00). However, when considering distinct mental health outcomes, intervention participants had significantly better functioning (d = 0.20) and fewer symptoms (d = 0.12). There were no significant effects of the interventions on mental health service or medication use. Moderator analyses identified seven sample, intervention, and design characteristics that were related to the magnitude of the effect sizes for criminal justice outcomes, and suggest implications for service provision, policy, and research. Results suggested some relationship between intervention effects on mental health and criminal justice reinvolvement, although future research is needed in this area, especially given the absence of mental health outcome data in many studies.     

Police Involvement in Incidents of Physical Assault: Analysis of the Redesigned National Crime Victimization Survey

Police involvement in incidents of physical assaults against women has been the subject of considerable research. There is still some debate, however, about the relationship between the social structure of the incident and the level of involvement of the criminal justice system. Using the Redesigned National Crime Victimization Survey (NCVS; U.S. Department of Justice, 1997), this paper looks at several different dimensions of the criminal justice system's involvement in physical assaults against women including calling the police, police response, and arrest. Results suggest that police were more likely to become involved in first time incidents of physical assaults against women and incidents that involved injury. Differences between models, however, suggested that the involvement of the criminal justice system is a multidimensional process.     

Cross-national differences in female offending and criminal justice processing

The purpose of this study is to assess whether four key theoretical perspectives on female criminality—emancipation, economic marginalisation, net-widening, and modernisation—explain female representation in the criminal justice system equally well for both developed and developing countries and to assess whether the same factors that can explain women’s levels of criminal offending can also explain their representation in subsequent stages of criminal justice processing. Analyzing pooled data for 37 highly developed and 38 less developed countries from 2003 to 2013, the results provide support for modernisation, emancipation, and net-widening theories, but not for economic marginalisation theory. Emancipation and net-widening theories have more explanatory power for more developed countries than less and they can explain women’s representation at different levels of criminal justice processing.     

Do We See Victims’ Agency? Criminal Justice and Gender Violence in Spain

The Spanish criminal justice system has a specific Law for Gender Violence (1/2004). This article addresses what happens when a law with a feminist perspective is implemented in a predominantly patriarchal institution. The main aim of this paper is to approach women’s experiences in the Spanish criminal justice system, analysed as a technology of power producing women’s subjectivities, and focusing on their agency. We used a qualitative methodology with participant observation (24 sessions) and in-depth interviews with professionals working with gender violence (17) and women who reported gender violence by their heterosexual partner (11 individual and 1 group). We analysed data with the qualitative analysis software Atlas.ti. The results focus on subjective processes and agency among reporting violence, the expedited trial, protection and restraining orders, and probation.     

Social support and one-year outcomes for women participating in prison-based substance abuse treatment programming

In recent decades, the number of women under criminal justice supervision has increased considerably, many of whom are serving time for drug offenses. Furthermore, women in prison are more likely than their non-institutionalized counterparts to suffer from a substance abuse disorder. While there is a growing body of research concerning women offenders’ drug abuse and treatment needs, few studies have examined the substance abuse treatment outcomes of women in the criminal justice system. Using data from Outcome Evaluation of the Forever Free Substance Abuse Treatment Program, this study compared women’s self-reported drug use twelve months after participation in high-intensity (n = 101) and low-intensity (n = 81) prison-based substance abuse treatment programming (N = 182). Women who perceived high levels of emotional social support were less likely to report substance use at 12-month follow-up. Furthermore, perceptions of emotional social support and treatment intensity interacted in their association with relapse, such that the protective effect of social support was strongest for women who participated in high-intensity programming. The results of the analyses highlight the importance of perceived social support for women with substance abuse disorders who are transitioning from prison-based substance abuse treatment programming to the community.     

TWO ROUTES TO DELINQUENCY: DIFFERENCES BETWEEN EARLY AND LATE STARTERS IN THE IMPACT OF PARENTING AND DEVIANT PEERS*

This paper tests hypotheses concerning differences in the determinants of involvement with the criminal justice system for adolescents who show early versus late onset of delinquency. Four waves of data collected on 177 adolescent boys living in small towns in the midwest were used to test the hypotheses. For late starters, quality of parenting predicted affiliation with deviant peers, which was associated in turn with criminal justice system involvement. Oppositional/defiant behavior was unrelated both to affiliation with deviant peers and to involvement with the criminal justice system. For early starters, on the other hand, quality of parenting predicted oppositional/defiant behavior. This behavior pattern predicted affiliation with deviant peers, which in turn predicted criminal justice system involvement. Further, we found evidence of an interaction effect for early starters: criminal justice system involvement was highest for those youths who both were oppositional/defiant and had deviant friends. Overall the findings support the idea of different routes to criminal behavior and arrest for early versus late starters.     

Introduction: Public Participation and Involvement in the Criminal Justice System in Asia

In this introduction to this special issue of the Asian Journal of Criminology, we pay special attention to public participation and involvement in the criminal justice system in Asia. Public support, participation, and involvement in various forms are crucial to normal functioning and effectiveness of the criminal justice system. Given the centralized and often non-democratic nature of the legal system in many Asian nations, studies in this field have lagged behind their Western counterparts. Based on empirical and theoretical studies from China, India, Japan, Macao, and South Korea, papers in this special issue address several key aspects of public participation and involvement in these Asian nations and regions, including the public’s role in crime reduction and prevention, the public’s fear of crime, the public’s involvement with the police in dealing with juvenile delinquencies, the police’s perception of civilian oversight of police work, public opinion on criminal trial procedures, and a comprehensive crime prevention strategy.     

Interventions with women offenders: a systematic review and meta-analysis of mental health gain

Currently, a conjunction of policy, legislative change in health and social care and the criminal justice system, combined with funding for innovative services make it opportune to assess the evidence base for interventions with women offenders. Women offenders have a distinctive criminological, health and social profile and a gender specific approach to their difficulties is advocated. This systematic review and meta-analysis focus on mental health gain in adult women offenders in forensic health settings, criminal justice institutions and in the community, following therapeutic interventions. Interventions were assessed in terms of specific outcome measures of depression, trauma symptomatology and global mental health status. Comprehensive search strategies yielded 3018 articles, from which we obtained 199 full text articles. Seventeen articles were included in the final review, of which six were excluded from the meta-analysis as there was no comparator group. There is a modest, but increasing, body of evidence for the utility of some interventions, notably those addressing the consequences of earlier trauma, including interventions which also address comorbid substance misuse. This does not amount, to date, to a robust evidence base. Limitations of these studies are discussed and include small sample sizes, their restriction mainly to prison populations and that they were substantially undertaken in the US. Variations in outcome measures follow-up and the difficulties inherent in measuring change in this complex population are also detailed. However, the review delineates definite avenues for further work. To achieve this, those responsible for policy, practice and purchase of services should both be mindful of existing evidence and promote additional, high quality research into interventions which are designed around a coherent, theoretical approach.     

Rethinking responses to 'domestic violence' in Australian indigenous communities

The United Nations' response to violence against women was to adopt the Declaration on the Elimination of Violence against Women in December, 1993 that recognized indigenous women to be especially vulnerable to violence. Australia's initiatives during the 1990s included criminal justice reform, crisis service provision and community-based mediation programmes that have not proved altogether helpful for indigenous women. Given the intractable nature of violence against indigenous women, this paper holds that community-based programmes cannot work in isolation from criminal justice intervention. An approach to male-to-female violence, that views the criminal justice system not only as a means of punishment, but also as an institution for expressing human rights norms is advocated.     

The death penalty loses its mind: an interview with Professor James Acker

In April 2009 the American Law Institute (ALI) made the decision to withdraw its support for the a section of the Model Penal Code that had been instrumental in shaping contemporary death penalty legislation. The Institute had created the modern legal and criminal justice administration framework for capital punishment as part of its Model Penal Code in 1962. Professor James Acker, one of the leading scholars on the death penalty in the United States, speaks to the import of this decision while providing some historical context for ALI’s involvement in the matter initially.     

Transgender Victims and Offenders: Failures of the United States Criminal Justice System and the Necessity of Queer Criminology

The purpose of this article is to highlight the experiences of transgender people within the criminal justice system as both victims and offenders. We contend that queer criminology is both needed and can assist in exploring the experiences of this unique population who face discrimination within the US criminal justice system and who are often ignored within criminological research. The article will provide an overview of transgender people’s general experiences within the criminal justice system and explore influences of cultural stereotypes about transgender people by examining the cases of three transgender victims of violence—Brandon Teena, Gwen Araujo, and Cece McDonald. This article highlights the importance of concepts such as sex, gender, transpanic, transphobia, victim-blaming, and the responses by key players in the criminal justice system (police, courts, and corrections) to transgender victims and offenders.     

Race,Crime, and Criminal Justice

Fifty years ago, the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson did not frequently mention race and ethnicity in its discussion of and recommendations for the criminal justice system, but it did have a lot to say about race and crime. Through the use of arrest rates to measure racial differentials in criminal involvement, the Commission concluded that Blacks commit more crime as a consequence of Black people living in greater numbers in criminogenic “slum” conditions. To address racial differences, the Commission favored the Great Society programs of Johnson's War on Poverty. Contemporary criminologists continue to debate the racial distribution of crime, the causes of crimes, and the best policies to reduce crime and racial differentials. The Commission did not anticipate the current debate among scholars regarding how much racial disproportionality exists in the criminal justice system and its causes and consequences. The policies that led to mass incarceration have been significant drivers of continued criminal justice racial disparity. Those policies are inconsistent with the recommendation in The Challenge of Crime in a Free Society (1967), upending the pursuit of a more fair and just system.     

新自由主义对美英国家刑事法制的影响及反思

从一国或地区的政治经济体制来理解其刑事法制,可以以相对宏观的视角把握其刑事法制脉络。美国刑事法制自20世纪70年代以来发生了深刻变化,从刑事法制基本观念到具体实践都渗透强烈的报应主义色彩,而隐藏其后则是新自由主义思潮。美国刑事法制的转变也影响着英国等国家。对这一思潮进行研究,一方面可以对这些国家刑事法制过去半个世纪发展脉络进行整体把握,另一方面也为分析研究这些国家刑事法制提供了一个更具批判性的视角。     

Terrorizing Criminal Law

The essays in Waldron’s Torture, Terror, and Trade-Offs have important implications for debates about the criminalization of terrorism and terrorism-related offences and its consequences for criminal law and criminal justice. His reflections on security speak directly to contemporary debates about the preventive role of the criminal law. And his analysis of inter-personal security trade-offs invites much closer attention to the costs of counter-terrorism policies, particularly those pursued outside the criminal process. But is Waldron right to speak of a ‘welcome the return to the criminal justice model’? This article considers the arguments in favour of prioritizing the prosecution of terrorist suspects and asks if their prosecution can safely proceed without undue hazard to the criminal law and criminal process.     

Opiate treatment in the criminal justice system: a review of <Emphasis Type="Italic">crimesolutions.gov</Emphasis> evidence rated programs

As drug control policy reform trends toward marijuana decriminalization, focus will shift to opiate enforcement which, in turn, accentuates substance abuse treatment. While the national offender reentry movement has effected widespread implementation of programming for co-occurring substance abuse and mental health disorders, the practice of Medicated Assisted Treatment (MAT) is nonstandard throughout the criminal justice system despite its evidence based status. This paper observes MAT delivered within and by the criminal justice system as indicated by evidence rated programs and practices listed in the national criminal justice evidence based registry crimesolutions.gov. Observation of these programs’ treatment orientation, client populations, delivery settings, and operational status inform discussion for additional MAT implementation and program registry augmentation.     

The Roma in Bulgaria’ s Criminal Justice System: From Ethnic Profiling to Imprisonment

This paper examines the use of ethnic-specific crime data by law enforcement authorities as an instrument to formulate policies. The focus is on Bulgaria – one of the few East European countries whose criminal justice system keeps data on ethnicity – and the country’s Roma population. During the 1990s, Bulgaria’ s deep economic and social crisis impacted significantly on Bulgaria’ s Roma minority and, arguably, led to an increase in crime rates amongst the Roma. To date, however, the Bulgarian government has failed to adequately address this situation. The main argument that this paper puts forward is that over-policing of the Roma minority is a consequence of lack of adequate data on the Roma’ s involvement in crime, coupled with a crime-fighting strategy that is largely based on ethnic prejudice. As a result, a disproportionate number of Roma end-up in prisons or in long-term detention. Former inmates, in turn, influence their communities and establish a ‘revolving cycle’ of crime and social marginalisation, which is manifested in an increasing critical mass of the Roma male population in the criminal justice system.     

Texas Criminal Defense Attorneys’ Perceptions of Crime Victim Involvement in Criminal Prosecutions

The purpose of this study was to test the utility of the Victim Satisfaction Model of the criminal justice system by quantitatively assessing criminal defense attorneys’ perceptions of victims’ involvement in the charging and plea bargaining stages of the criminal process. A cross-section research design was used in this study. Self-administered questionnaires were mailed to defense attorneys who regularly practice criminal law in Texas. The results of this study support the utility of the Victim Satisfaction Model of the criminal justice system and further our understanding of victim involvement in the decision making and have important implications for the American criminal justice system.