DOWNWARD DEPARTURES FOR SERIOUS VIOLENT OFFENDERS: LOCAL COURT “CORRECTIONS” TO PENNSYLVANIA'S SENTENCING GUIDELINES*

We examine downward departures for serious violent offenders, using quantitative and qualitative data from Pennsylvania. We find that offense severity and prior record have negative direct effects on downward departures, but a positive interaction effect on them. Offenders convicted of aggravated assault, those who plead guilty, young black women, and offenders sentenced in large urban courts are more likely to receive downward departures, whereas those convicted by trial, young Hispanic males, and offenders sentenced in small rural courts are less likely to receive them. We argue that downward departures represent local “corrections” to guideline recommendations when there is a mismatch between guidelines and local court actors' definitions of key focal concerns of sentencing for serious violent offenders.     

The effectiveness of felony probation: Results from an eastern state

Data from New Jersey were used to examine the effectiveness of felony probation. Examination of more than 2,000 burglars, robbers, and controlled substance offenders placed on probation in 1976–1977 showed that their recidivism at three, four, and approximately 10 years after sentencing ranged from approximately one-third to more than half arrested and about 10 percent imprisoned. Prior convictions, type of offense, age, race, the Greenwood prediction device, use of heroin, and employment were statistically significant correlates of recidivism. The major conclusion is that probation is an acceptable sentencing alternative for some felony offenders in some states but that recidivism rates can be alarmingly high for particular categories of offenders. In addition, probation officials should devote some attention to the needs of probationers in such problem areas as employment and drug abuse.     

THE USE AND EFFECTS OF FINANCIAL PENALTIES IN MUNICIPAL COURTS

With prison, jail, and probation caseloads overloaded, financial penalties appeal as alternative sanctions. Using probation data for cases sentenced in municipal courts, this paper presents regression analyses suggesting that judges tended to employ rational discretion in imposing economic sanctions, for monetary assessments without jail were most likely to be given to low-risk offenders and assignment of probation alone and jail terms was most strongly influenced by offense. The amount of the financial sanction was also significantly related to the type of crime. Controlling for individual attributes and offense, the odds of subsequent arrest and incarceration were significantly less for those given a financial penalty than for those receiving a jail sentence.     

Consequences of restitution

A group of 419 adult property offenders granted probation and ordered to repay their victims for the direct monetary losses or property damage incurred as a result of their crime were matched on 28 variables to a group of 179 offenders who were not ordered to pay restitution to their victims. Compared to those not ordered to repay their victims, the offenders ordered to pay restitution had a more difficult probation experience, having more revocations filed against them and showing a greater frequency of reporting, physical health, and money problems. No difference in arrest rate or time on probation was discovered. Those offenders ordered to pay restitution but who did not pay in full had the greatest problems of all, showing the highest revocation filing and actual revocation rate, rate of convictions, and time served. Payment characteristics were described for offenders who paid all, part, or none of their restitution debt by probation's end. It was suggested that closer probation officer scrutiny of offenders ordered to pay restitution may have accounted for the more difficult experience of the restitution group and that cost of administration of restitution programs may not be worth the benefits.This research was funded in part by grant No. 76-ED-99-0027 from the Law Enforcement Assistance Administration. Special thanks are given the directors of Denver District Court Probation, without whose permission to enter the probation archives, and without whose day-to-day cooperation, this study would have been impossible.     

White collar offenders under community supervision

This article presents an analysis of the beliefs held by federal probation officers concerning their role in supervising white collar offenders. The major finding is that this supervision is regarded by most officers as “going through the motions.” It is suggested that this attitude is in part due to the class standing and lifestyle of the typical white collar offender as it is perceived by probation officers. The question raised is whether community supervision of white collar offenders makes any sense, especially given the interactional patterns that typically develop between white collar offenders and their probation officers, which may facilitate denial of criminality by these offenders.     

Predictors and outcomes of victim restitution orders

In the current study we examined adult probation cases in which restitution was or could have been a condition of probation. In particular, we explored the factors related to the imposition of victim restitution, the factors related to the payment of victim restitution, and the effects of restitution on future arrests. We also examined the extent to which the effectiveness of restitution is conditioned by community integration. Finally, to determine whether the effects of restitution payment are unique, we compared the results of these analyses with results of similar analyses regarding the payment of fines. Results indicated that judges ordered restitution most often when damages were easy to quantify and that offenders were most likely to make payment when they were able to pay and when the victim was a business. Restitution payment was related negatively to rearrest; this effect was especially strong among married persons.     

Predictors of desistance among sex offenders: The interaction of formal and informal social controls

Increasing attention is being given to the issue of desistance or cessation in adult criminal careers. We contribute to this research by considering how informal and formal social controls affect recidivism among 556 sex offenders placed on probation in 1992. We conduct an event history analysis of reoffense, based on the predictions of Sampson and Laub's and Gottfredson and Hirschi's control theories. We build on these perspectives by examining how informal social controls condition the effects of formal social controls generally and across offense types. We find less recidivism among offenders with stable job histories, particularly among those in court-ordered sex offender treatment. The results add both to theoretical formulations concerning desistance and recidivism and to policy formulations directed at growing prison populations.     

A systematic review of drug court effects on recidivism

Drug courts have been proposed as a solution to the increasing numbers of drug involved offenders entering our criminal justice system, and they have become widespread since their introduction in 1989. Evaluations of these programs have led to mixed results. Using meta-analytic methods, we systematically reviewed the extant evidence on the effectiveness of drug courts in reducing future criminal offending. Fifty studies representing 55 evaluations were identified, including both experimental and quasi-experimental comparison group designs. The overall findings tentatively suggest that drug offenders participating in a drug court are less likely to reoffend than similar offenders sentenced to traditional correctional options. The equivocation of this conclusion stems from the generally weak methodological nature of the research in this area, although higher quality studies also observed positive results. Furthermore, the evidence tentatively suggests that drug courts using a single model (pre- or post-plea) may be more effective than those not employing these methods. These courts have a clear incentive for completion of the drug court program.

Trial venue decisions in juvenile cases: Mitigating and extralegal factors matter

Purpose . This study assessed whether the characteristics of juvenile offenders and their victims affected respondents' decisions regarding whether a juvenile offender should be transferred to the adult criminal justice system. Method . Participants (N = 758) read a scenario about a juvenile accused of murder and decided whether the youth should be tried as an adult or as a juvenile. The age of the offender (11‐, 13‐ or 15‐years‐old), the sex of the offender, abuse history and victim type (neighbour or father) were varied. After indicating jurisdictional preference, participants read a series of statements (e.g. importance of punishment) and rated how important each was in their decision. Results . Significant main effects and complex interactions between defendant gender, age and abuse history were found. In general, younger defendants were more likely than older defendants to be recommended for juvenile court. Overall, juvenile offenders with a history of child abuse received less harsh verdicts. For males, a history of abuse affected decisions about trial venue and verdict both alone and in combination with other factors such as age, sex and relationship to victim. Results supported a mediational model in which extralegal and mitigating factors influenced the importance of a ‘just desserts’ orientation, which, in turn, influenced jurisdictional decisions. Conclusion . Despite a recent tendency for policymakers to pass legislation that requires more juveniles be sent to adult courts, the present study suggests that the public does not support automatic transfers to adult courts and that mitigating factors are important to their jurisdictional decisions.     

WHO SHOULD GO AND WHO SHOULD STAY

The need for more efficient use of probation services is widely accepted. Indeed, many offenders are being incarcerated who might have been better served on probation. However, the percentage of incarcerated offenders who perhaps should have been retained in the community has been open to question The purpose of this study was to provide a bench mark as to the percentage of incarcerated offenders who might be better served on probation.     

Offenders' lies and truths: an evaluation of the Supreme Court of Sweden's criteria for credibility assessment

Abstract

The criteria used by Swedish courts for assessing credibility of plaintiffs' accounts were for the first time scientifically evaluated. Furthermore, unlike much previous deception detection research, we used offenders as participants instead of college students. False and truthful confessions by 30 offenders were analysed, and few significant effects were obtained. Truthful confessions were rated as having a higher degree of clarity than false confessions. Women's truthful confessions were rated as more credible than their false confessions. The offenders who were most experienced in being interviewed by the police gave a stronger impression of talking about something self-experienced in their false than in their truthful confessions; hence, it seems that offenders with more police interview experience have developed a kind of expertise in telling a convincing lie about crime. Overall, the criteria for credibility assessment used by Swedish courts had very limited usefulness in discriminating truthful and false confessions. A critique of the current status of evaluating statements in Swedish courts is provided.     

Prison behavior and the victim-offender relationship among violent offenders

This research explores the role of the victim-offender relationship of prison inmates' commitment crimes in predicting violent offenders' behavior problems. The importance of the victim-offender relationship is supported by anecdotal accounts and theoretical reasoning which suggest that nonstranger offenders have fewer disciplinary problems in prison than stranger offenders. Inmate interviews and official data were collected from 273 violent offenders. Results suggest that inmates with more extensive rule-breaking behaviors are likely to be younger, less intelligent individuals who victimize strangers, have had more numerous juvenile convictions, and have served at least one prior prison term. Conclusions and implications for public policy are discussed.     

INEQUALITY IN THE TYPES OF SENTENCES RECEIVED BY NATIVE AMERICANS AND WHITES

A comparison of the distribution of the types of sentences imposed on native American offenders and Write offenders by the district courts of a western state reveals that the native American offenders were more likely to receive sentences involving incarceration in the state prison and were less likely to receive sentences which would have allowed them partially to escape stigmatization as a “convicted felon.” The introduction of a number of test factors revealed that these ethnic differences in the sentence received could only slightly be explained by ethnic differences in the kinds of offenses involved or in other differences in the legal and personal background characteristics of the offenders. A number of possible explanations of the discrepancies in the sentencing of native Americans and whites are suggested. However, regardless of the best explanation of these discrepancies, there are reasons to believe that these discrepancies in themselves may have contributed to an increased probability that the native American offenders would engage in future criminal activity and that these offenders would continue to receive harsher sentences than would similar White offenders.     

Youth Transfer Decisions: Exploring County Variations

In an effort to control violent and chronic juvenile offenders, many state legislatures have created statutes that give exclusive jurisdiction to adult criminal courts for certain violent offenses. Much research has been conducted on juvenile transfers, but relatively few studies rely on official and self‐report data to evaluate this process. By using data from four counties within Washington State, this study examines how legal, extra‐legal, and organizational variables impact waiver decisions. In cases where youths were selected for transfer proceedings, data from official records are used to compare transfers within and between counties. In addition, interview data with juvenile court personnel (e.g., juvenile court judges, probation officers, legal advisors) are used to assess the factors associated with transfer decisions. Policy implications are presented along with recommendations for future research.     

The Successful Onset of Sex Offending: Determining the Correlates of Actual and Official Onset of Sex Offending

PurposeThe current study investigates the covariates of age of onset (actual and official) and cost avoidance of sex offending in first-time convicted sex offenders.MethodsThe current study utilized a large sample (n = 332) of federally sentenced first-time convicted adult male sex offenders. Actual onset was measured using self-report, victim statements, and police investigation notes. Official onset was measured using age at first conviction. Cost avoidance was measured as the time gap between actual and official onset.ResultsFirst, while most offenders initiated their sexual criminal career in their early adult years (25–35 years) they were typically not arrested until middle adulthood. Second, the covariates for official onset are in line with cost avoidance, but not actual onset. Third, offenders best able to avoid costs were early starters with a conventional background (i.e., employed, absence of a conviction for a non-sex crime), targeting prepubescent children within the family context.ConclusionsWhile early actual onset offenders were more likely to target stranger victims, early official starters exhibited an unconventional background, prior criminal record, more extensive sexual criminal career, and targeted strangers. Thus, official, but not actual onset revealed a profile in line with prior research.     

The effect of imprisonment on recommitment: an analysis using exact,coarsened exact,and radius matching with the propensity score

Objectives

This study examines the effect of prison versus community sanctions on recommitment to prison and compares two levels of community supervision, community control (house arrest) and probation, evaluating whether the findings are contingent on the type of matching methods used in the analysis.

Methods

Logistic regression was conducted on unmatched and matched samples. Exact, coarsened exact, and radius-matching procedures were used to create a selection on observables design. Matching variables included current offense, demographics, criminal history, supervision violations, and a rich set of Florida Sentencing Guidelines information culled from an official scoring sheet. Florida judges use this instrument to sentence offenders within the framework of the state determinate sentencing system.

Results

The results show that with exact matching, there is no effect of imprisonment on recommitment, while the other procedures suggest a specific deterrent effect of imprisonment. All four analysis methods showed that offenders under community control are more likely to reoffend than those under normal probation. Analyses between the matched and unmatched prison observations demonstrate that the matched set of prisoners is composed of offenders who have less extensive criminal records and less serious conviction offenses than unmatched offenders regardless of the matching algorithm.

Conclusions

Contrary to a prior analysis of these data, which found a criminogenic effect of prison, a null effect was found using exact matching. Comparing the matching procedures, the more precise the match the less likely there was an effect of prison. However, community control was criminogenic regardless of the matching procedure.

     

Application of the clinical polygraph examination to the assessment,treatment and monitoring of sex offenders

Abstract

Post Conviction Clinical Polygraph Examination Testing (Lie Detector Testing) offers significant opportunities for assessing, treating and monitoring sex offenders. This article briefly reviews the historical development of polygraph techniques including the physiological measures employed, the administration of the polygraph and the interpretation of data collected. Criticisms of polygraphy are explored and information concerning the scientific acceptability of these procedures is given. The current influence of polygraphy in sex offender work is reviewed. Evidence is given of the utility of polygraphy in reducing denial, improving treatment outcomes and more effectively supervising sex offenders on probation or license. Cost benefit considerations are examined, as well as the need for further controlled research and future regulation of the polygraph, if it is to be introduced in Britain. Planned UK Trials are described.     

In the eye of the beholder? An examination of the inter-rater reliability of the LSI-R and YLS/CMI in a correctional agency

PurposeTo examine the inter-rater reliability of two risk assessment tools: The Level of Service Inventory-Revised (LSI-R) and the Youth Level of Service/Case Management Inventory (YLS/CMI).MethodsTwo identical experiments are reported. For both studies, a random sample of 10 offenders were interviewed and videotaped with each tool (totaling 20 offenders). The tapes were then shown to a random selection of 20 raters (for a total of 40 raters) employed at a state agency. The fully-crossed design allowed each of the raters to rate the each of the cases, resulting in 200 total risk score observations for each tool. Inter-rater reliability analyses were then conducted.ResultsThe LSI-R demonstrated adequate to fair reliability, with certain domains showing lower reliability. Overall, the LSI-R had an ICC of .65. The YLS/CMI demonstrated higher reliability (ICC of .78). In addition, for the LSI-R study, comparisons were made between staff raters who work in a facility versus those in the community (e.g., probation officers). For the YLS/CMI study, comparisons were made between incarcerated offenders versus probationers. Neither comparison yielded consistent differences.ConclusionsThe YLS/CMI is generally reliable. The LSI-R showed less reliability. However, each study showed certain domains with less than ideal reliability.     

Risk assessment with intimate partner sex offenders

Abstract

Risk assessment with any offender presents a number of challenges. However, risk assessment with offenders who have committed offences against their partners presents practitioners with a number of additional challenges. Intimate Partner (IP) sex offenders are reported to be responsible for the majority of adult serious sexual offences in England and Wales. However, despite calls for a unified approach to sex offender theory there has been little integration between this and the IP and family sexual violence literature. This paper summarizes the relevant literature on prevalence and cross over of sexual abuse by IP offenders, patterns of abuse, generality of offending, psychopathology and risk concerns (including risk of intimate partner homicide). Based on this, recommendations are made for best practice with IP sex offenders.     

Diverting young offenders from crime in Ireland: the need for more checks and balances on the exercise of police discretion

The Irish police (the Garda Síochána) have been exercising their law enforcement discretion to pursue a diversionary strategy for young offenders since at least 1953. Working in a street environment of low visibility they have managed to expand their traditional law enforcement function into territory more appropriately reserved for courts, social workers and probation officers. This article charts the development of this expansion and examines its current manifestation in the juvenile diversion programme. It argues that the welfare benefits for the young offenders are being purchased at the cost of due process rights, and that there is a need for more custom built accountability checks and balances to strike a better balance in the programme.