Arbitrary decision making in the absence of evidence: an examination of factors related to treatment selection and recidivism for female sexual offenders

ABSTRACT

As criminal justice professionals are asked to assign risk levels and treat females who sexually offend, identifying risk factors for recidivism prediction and treatment targets is important. Although the majority of risk and treatment studies have focused on males, general female offender research and developing research with female sex offenders both provide some evidence for possible factors related to sexual offending behaviour in women. The purpose of this study was to explore what possible factors were related to treatment selection in a sample of 506 females serving prison sentences for a sexual offense, and, in turn, to examine which factors predicted non-sexual and sexual recidivism. Results demonstrated that exploratory variables were significantly related to treatment selection, as opposed to variables previously supported in research. Furthermore, living with a significant other for more than two years, and prior sexual offending arrests predicted sexual recidivism, while decreased age and treatment participation predicted non-sexual recidivism. These findings indicate that while similarities between male and female sexual offenders exist, females still demonstrate gender-specific risk factors.     

Mental health at the intersections: The impact of complex needs on police contact and custody for Indigenous Australian men

Indigenous Australians experience significant social risk, vulnerability and disadvantage. Nowhere is this more starkly demonstrated than in the levels of contact that Indigenous Australians have with the criminal justice system, particularly the police. Utilizing a linked dataset of extant criminal justice, human and health service administrative data in New South Wales (NSW) Australia, this paper explores patterns of police contact and custody for a cohort of Indigenous males with complex needs. Four significant factors are identified that alone or in combination appear to impact on the frequency with which these men experience police contact and custody, including young age at first police contact, experiencing out of home care as a child, alcohol misuse, and limited locational mobility. Whilst it might be expected that the presence of mental ill-health and/or cognitive disability would be a key predictor of the frequency and intensity of police contact and custody, the findings suggest rather that the presence of multiple disadvantages beginning in the early years and compounding throughout individuals' lives, in which mental illness may or may not be a factor, is more significant than the presence of any one diagnosis in precipitating police contact and custody for this group.     

Individual Differences in the Deterrence Process: Which Individuals Learn (Most) from Their Offending Experiences?

Objectives

To test whether individuals differ in deterrability by studying whether the effect of criminal experiences on perceived detection risk varies by criminal propensity.

Methods

Data from the British “Offending, Crime and Justice Survey”, a four-wave panel study on criminal behavior and victimization, are analyzed. Two subsamples for analyses are constructed: one of non-offenders at first measurement, to analyze the effect of gaining first offending experiences during the time of study (n = 1,279) and one sample of individuals who have committed offenses within the past year (n = 567), to analyze the effect of police contact among active offenders. Fixed-effects regressions of perceived detection risk on criminal experiences and interactions between criminal experiences and measures of criminal propensity (risk-affinity, impulsivity) are estimated.

Results

Analyses support learning models for the formation and change of risk perceptions, but individual differences by criminal propensity are present in the deterrence process: After gaining first offending experiences, impulsive individuals as well as risk-averse individuals are more likely to lower their perceptions about the probability of detection than less impulsive or risk-affine individuals are. A positive effect of police contact on expected detection risk is restricted to risk-averse individuals.

Conclusions

Findings support claims that deterrence works differently for crime-prone individuals. The differential effects of impulsivity and risk-affinity underline the importance of not combining constituent characteristics of criminal propensity in composite indices, because they might have differential effects on deterrence.     

City police and drunk driving: Baseline data

Public attitudes, social movement organizations, and criminal justice laws regarding drunk driving have undergone significant changes in recent years. These changes raise important questions about police, who act as gatekeepers for the rest of the criminal justice system. Very little, however, is known about what police did in the years when drunk driving was viewed as a less serious social problem or about what police do now. I attempt to answer the first of these questions using data collected in the early 1970s, an important, largely unexamined period in the history of city police and drunk driving. The data provide a baseline for contemporary research. City police did not give contacts with drunk drivers a high priority, preferred to avoid these encounters, and made arrests on the basis of both legal and extralegal factors; extralegal factors were more important than legal factors. I examine the implications of the baseline data for contemporary policing.     

Maternal cigarette smoking during pregnancy and life-course-persistent offending

Evidence exists documenting the relationship between maternal cigarette smoking and offspring criminal behavior. Although efforts to understand this relationship in a theoretical framework have only recently emerged, attempts made have been grounded in Moffitt's developmental taxonomy of antisocial behavior. Specifically, maternal cigarette smoking is generally viewed as a potential disruption in the offspring's neuropsychological development, which is subsequently associated with life-course-persistent offending. Using a birth cohort of 987 African Americans, the authors extend previous research by empirically assessing, prospectively, the link between maternal cigarette smoking and life-course-persistent offending while using different operationalizations of Moffitt's offending categorization. The authors' findings offer some support for the relationship between maternal cigarette smoking and life-course-persistent offending, which is dependent on how this concept is operationalized.     

Criminal thinking as a moderator of the perceived certainty–offending relationship: age variations

ABSTRACT

The purpose of this study was to determine whether the perceived certainty of punishment and general criminal thinking interact and whether the effect varies as a function of age. Data from all 1354 members (1170 males, 184 females) of the Pathways to Desistance study were used to test whether perceived certainty, general criminal thinking, and their interaction predicted subsequent offending during late adolescence (16–18 years of age) and emerging adulthood (20–22 years of age). The results showed that while perceived certainty and general criminal thinking failed to interact at age 17, general criminal thinking moderated the effect of perceived certainty at age 21. During emerging adulthood, offending was more common and varied in young adults with low certainty perceptions and high criminal thinking than it was in emerging adults with high criminal thinking and high certainty perceptions or low criminal thinking and either high or low certainty perceptions.     

The Effects of Suspect Characteristics on Arrest: A Meta-Analysis

PurposeSynthesis research on the correlates of arrest has had a long history of analysis in police decision making research. Yet, much of this line of synthesis research has found mixed results and has been unable to definitively state whether relationships exist between suspect demographic characteristics, race, gender, age, and ethnicity, and arrest. This research attempts to clear this confusion created by previous synthesis attempts particularly.MethodsMeta-analysis was used to generate weighted mean effect sizes of the effect of race, gender, age, and ethnicity on arrest. Effect sizes were weighted using the inverse variance method and random effects modeling was also used. Moderator analyses were also performed.ResultsBlack individuals, males, and Hispanic individuals were significantly more likely to be arrested than white individuals, females, and non-Hispanic individuals. These effects persisted across the majority of moderator categories. Age was not a significant predictor of arrest.ConclusionsThe results here bring some degree of order to a large amount of arrest decision making literature. The findings confirm the results of a previous meta-analysis on race and arrest and also expand upon that research. These results expand “what we know” about the effect of race on arrest.     

Evaluating liaison and diversion schemes: an analysis of health,criminal and economic data

Introduction: Liaison and Diversion (L&D) currently serves 50% of the population of England. L&D relies on modified working practices with key delivery partners, especially the police. Service evaluation data is thus presented from both police and health services. Method: A before and after intervention review of 3 months of operational data of L&D in Cornwall focusing on health, criminal and economic outcomes. Results: After L&D intervention individuals’ contact with the police as either victim or perpetrator reduced significantly. Implications: Preliminary findings suggest that L&D enabled reduced use of police and criminal justice resources. National reporting procedures may be unable to demonstrate the multi-agency impact if criminal justice data are not considered within the outcome data-set. Recommendations echo international observations that specifying outcome measures and the consistent definition of L&D services would enable generalisation of findings.     

Factorial analysis of risk matrix 2000 on an Italian sample of sexual offenders

ABSTRACT

In order to assess the internal structure of Risk Matrix 2000 in an Italian sample of 308 adult males convicted for sex abuse, a principal component analysis with Promax rotation was performed. The results identified a structure with three factors that explained 53.8% of the total variance: the first factor concerned items referred to the criminal career of the offender; the second factor concerned the age of onset in committing crimes; the third factor was more strictly related to the offenders' attitude towards the sex crime/s, and reflects the aggravating items of the S scale. These results allows us to have the first validated tool on an Italian sample for assessing the level of risk for recidivism.     

Police Response to Crime

Abstract

Based on victim accounts provided by the National Crime Victimization Survey from 1992 to 1999, this paper examines issues related to police responses to reported incidents of assault, robbery, and rape. The primary goal was to determine the extent to which victim and offender race influence police responsiveness at various stages of the criminal justice system. The data indicate that overall, police exert more effort when victims are white. They arrive faster at the scene of the crime, and demonstrate more follow-up effort after the crime has taken place. However, they do not exert more, or less effort, during their initial visit to the crime scene, when there is proximate contact with the victims. This suggests that contextual factors may affect the penchant for discrimination. This relationship held even after controlling for other factors such as poverty, weapon use, injury to the victim, and location.     

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.     

Low Self‐Control and Contact with the Criminal Justice System in a Nationally Representative Sample of Males

Prior research on law enforcement and court system actions suggests that offender demeanor influences practitioner decision making. However, few studies have examined a key implication of this body of work—namely, criminogenic factors associated not only with offending but also with demeanor may result in a greater likelihood of contact with and formal processing by law enforcement and the courts. Using data from the National Longitudinal Study of Adolescent Health, we test the hypothesis that low self‐control, which is associated with a range of characteristics that might influence practitioner perceptions of individual offenders’ demeanors, will predict greater contact and formal processing. Briefly, we found that low self‐control was consistently related to criminal justice system involvement as measured by police contacts, arrests, age at first police contact, and arrest onset. The implications of the findings for theory and research are discussed.     

Victims of sexual assault perpetrated by female youth: an exploratory study of gender differences*

ABSTRACT

This study examines sexual offending behaviour of juvenile females and juvenile males who come to the attention of the police. Using victim age as an analytical tool and more than 20 years of incident-level crime data, perpetrator, victim, and offense characteristics are compared to assess if the offending behaviours of juvenile females and juvenile males differ when the victim is a child versus a peer. The multinomial logistic regression showed there were differences in offending between juvenile females and juvenile males dependent on type of victim. Perpetrator substance abuse, victim sex, victim-offender relationship, type of sexual assault, use of force, location of the sexual assault, the time of day of the sexual assault, and whether or not the incident resulted in an arrest all reliably predicted these differences. The results reinforce the field's call for a greater development of a gendered understanding of sexual offending behaviour.     

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.     

Moral judgement,cognitive distortions and empathy in incarcerated delinquent and community control adolescents

Abstract

Immature moral judgements, cognitive distortions and low empathy could contribute to criminal offending and are often targeted in interventions aimed at reducing risk of recidivism. We compared 58 delinquent 13–18-year-olds, incarcerated in youth homes in Sweden (29 males, 29 females) with 58 (29 males, 29 females) community control adolescents individually matched on age, gender, ethnicity and socio-economic position. Self-report questionnaires examined moral judgement, cognitive distortions, and empathy. Delinquent adolescents exhibited less mature moral judgements and more cognitive distortions than control adolescents. However, no association between delinquency status and self-reported empathy was found. In addition, girls reported more mature moral judgements, less cognitive distortions and more empathy than boys did. Moral judgement and empathy were positively correlated and both measures were negatively correlated with cognitive distortions. Our data support the idea that moral judgement and cognitive distortions are important treatment targets for juvenile delinquents, whereas empathy may be less meaningful to address directly.     

Driving While Black

Abstract

The phenomenon of “driving while black” has ignited a heated debate: Do the police use race to target drivers? Most research on the topic compares the number of police stops and searches for a racial group to that group's distribution in the population. This approach ignores sociological theories of law, the driver's social status, the combined influence of race and sex, and whether the driver carries drugs in the car. In addition, the police are aware of being observed. To address these limitations, we surveyed undergraduates (N = 1,192) at one of the most diverse universities in the nation about their experiences with the police and their personal criminal behavior. Drawing on Black's (1976) theory of law, we examine whether a driver's race, sex, and social status influence police behavior (stop, exit, frisk, search, ticket/arrest). We also examine which drivers are most likely to have drugs in the car. The results suggest that a driver's race, sex, and social status all shape police behavior: African American men and Hispanic men experience more social control than white men; all men experience more social control than women; and low status drivers experience more social control than high status drivers. But despite the police focus on minority males, white males were the most likely to report carrying drugs in the car.     

Examining the influence of drivers' characteristics during traffic stops with police: Results from a national survey

The factors that influence officer decision making after a traffic stop is initiated are examined using the Police-Public Contact Survey data collected in 1999. This investigation of police behavior is framed with an understanding of the organizational roots of racial profiling tactics and policies. The findings show that young black and Hispanic males are at increased risk for citations, searches, arrests, and uses of force after other extralegal and legal characteristics are controlled. Additional analyses show that minority drivers are not, however, more likely to be carrying contraband than are white drivers. The implications for policy and future research are discussed.     

Characteristics associated with rape attrition and the role played by scepticism or legal rationality by investigators and prosecutors

Abstract

This paper reports a multidimensional scaling analysis of features associated with rape attrition by identifying key aspects of the rape that are associated with loss of cases at the stages of police investigation, prosecutors’ considerations and in court. The research utilized a case-file analysis (n=105) consisting of all rapes reported to one division within a large UK urban police force by females over the age of 16 from April 1998 to April 2003. In addition, interviews were conducted with police officers and Crown Prosecutors to explore their understanding of the reasons why attrition occurs. The findings illustrate the extent to which prejudicial attitudes and legal logic influence police officers’ and solicitors’ modes of thinking and subsequently influence decisions for rape cases to proceed to court. Methodological and practical issues are considered.