Review of the Literature on Risk and Protective Factors of Offending Among Native Americans

Abstract

The social and economic conditions faced by much of the Native American population, as well as the history and treatment of Native Americans in our society, create many risk factors for criminal offending. At the same time, however, the cultures, traditions, and spiritualities of Native American tribes likely provide unique protective factors against offending in light of these risks. While these issues, especially drug and alcohol abuse, have received considerable attention by a handful of scholars, the level of research on risk and protective factors of offending have not, although recent research and funding decisions are beginning to make this topic a priority. This paper provides a brief review of the literature on risk and protective factors among Native Americans, highlighting some of the major factors likely to receive the most research attention over the next several years.     

Understanding dynamic risk factors for violence

ABSTRACT

Recent years have seen a consensus emerge regarding the dynamic risk factors that are associated with future violence. These risk factors are now routinely assessed in structured violence risk assessment instruments. They provide a focus for treatment in structured group programmes. However, relatively little attention has been paid to risk-related theoretical issues, whether these dynamic risk factors are causally related or simply correlates of violent offending, or the extent to which they change as a consequence of treatment. More challenging is the lack of evidence to suggest that changes in these dynamic risk factors actually result in reductions in violent offending. In this paper we consider the meaning of the term dynamic risk, arguing that only those factors that, when changed, reduce the likelihood of violent recidivism, can be considered to be truly dynamic. We conclude that few of the violence risk factors commonly regarded as dynamic fulfil this requirement. There is a need to think more critically about assessment findings and treatment recommendations relating to dynamic risk, and conduct research that establishes, rather than assumes, that certain dynamic risk factors are directly related to violence. Some suggestions for advancing knowledge and practice are provided.     

Dynamic risk factors: scientific kinds or predictive constructs

ABSTRACT

There are a number of theoretical problems evident in the concept of dynamic risk factors that arise from their (increasing) importation into the explanatory and treatment domains of forensic and correctional practice. More specifically: (a) the concept of dynamic risk factors has not been well defined; (b) relatedly, there is a lack of clarity whether dynamic risk factors refer to causal processes or are predictive constructs; and finally (c) because of the above problems no one is sure how best to integrate them into clinical assessment and treatment. I will examine each of these three conceptual problems in this paper and make some suggestions about how to utilise dynamic risk factors in explanations of offending.     

Community re-entry and the path toward desistance: A quasi-experimental longitudinal study of dynamic factors and community risk management of adult sex offenders

PurposeA successful community re-entry is a step toward desistance from sex offending. The re-entry phase is critical because it can trigger dynamic risk factors that can lead to a re-offense. In that context, community risk management is seen as pivotal to moderate the impact of community re-entry and associated stressors. The current study, therefore, examines the dynamic factors associated with a successful community re-entry, taking into account the type of community supervision offenders were subjected to.MethodologyThis prospective longitudinal study is based on a quasi-experimental research design where offenders (n = 169) were subjected to different types of community supervision (intensive supervision versus regular probation services). Community re-entry outcomes were assessed through the presence of technical violations and/or a new criminal offence.FindingsCox proportional hazards showed that offenders with negative community re-entry outcomes were younger, at-risk of sexual violence, under intensive community supervision, and had more negative social influences and self-regulation deficits. Of importance, intensive community supervision significantly moderated the impact of negative social influences but negatively impacted those with self-regulation deficits.ConclusionsThe study provides evidence that dynamic risk factors are important during re-entry and may operate differently under different supervisory conditions.     

A conceptual kaleidoscope: contemplating ‘dynamic structural risk’ and an uncoupling of risk from need

ABSTRACT

Recent calls for ‘evidence-based’ approaches have firmly positioned risk assessment as a promising path towards more efficient, unbiased, and empirically based offender management, in custody and in the community. Simultaneously, sociological and critical legal scholars have questioned the focus on individual needs at the expense of wider structural factors’. I will demonstrate the need to reconceptualise risk/need logics and the use of ‘evidence’. I will argue that various criminal justice processes are themselves dynamic criminogenic risks that produce systemic conditions for recidivism and which, if modified, could make a measurable difference in recidivism and other correctional efficiencies. Finally, I will argue that the logic of dynamic risk is transferable to an analysis of socio-structural factors, and that this characterisation can alter the framing of penal subjects, governmental responsibilities, and potentially interrupt the systemically produced criminogenic pathways that perpetuate criminal involvement and marginalisation.     

Personality and crime: Knowledge destruction and construction in criminology

Antipersonality themes in mainstream criminology have been fueled for years by highly suspect moral, professional, and ideological concerns and by something less than a rational empirical approach. The research evidence regarding the importance of personality has been positive form the beginning but has been the focus of a highly rhetorical and pseudoscientific form of criticism. These efforts as knowledge destruction are reviewed and are found to be ideologically and professionally convenient but weakly grounded logically and empirically. The papaer concludes that a social theory of criminal conduct need not resist recognition of the importance of human diversity.     

MDS use with crime scene data replicates poorly: response to Goodwill,Alison, and Humann (this issue) and Davis (this issue)

Abstract

Examinations of treatment attrition form an important – although sometimes neglected – component of evaluating a correctional programme's effectiveness in reducing recidivism. Previous research has identified offender characteristics that predict non-completion. This study investigated non-completion in 138 high-risk, violent male prisoners attending an intensive cognitive–behavioural programme. Almost one-third of men who commenced it did not complete the 7-month programme. Most asked to leave of their own accord, or were removed for ongoing offending. In contrast to previous research, no support was found for the hypothesis that those who terminated treatment prematurely were more in need of intervention than those who completed the programme; non-completers did not differ from completers on static estimates of criminal risk, PCL-R scores, demographic variables or self-report scales measuring dynamic risk factors. It was concluded that successful prediction using variables related to criminal risk and criminogenic need depends both on the characteristics of programme participants, and on contextual factors such as programme policies: when high-risk high needs offenders are a programme's target clientele, variables related to risk and need will have limited predictive utility. From a practice perspective, the programme was successful in retaining through to completion a relatively untreatable group: high-risk offenders with moderate to high PCL-R scores.     

Decisions to offend in men who sexually abuse their daughters

Abstract

A group of nine intrafamilial child molesters of daughters and stepdaughters from Canada and the United Kingdom were interviewed about their analysis of opportunities to sexually offend. Questions focused on the evaluation of immediate and life circumstances surrounding the offence, including how the offender defined, created and responded to opportunities for offending. An equally important goal was identifying strengths in resisting opportunities and coping with spoiled attempts. The interviews were transcribed and subjected to grounded theory analysis. Consistent with the rational choice theory of criminal behaviour the majority of offenders identified information and decision-making processes used to evaluate opportunities for offending. Themes related to offender and victim characteristics, as well as situational factors, are identified and discussed with respect to risk and protective factors. Offenders described positive relationships, greater social/community connectedness and successful employment as present in their lives when not offending. These elements are consistent with positive approaches to sexual offender treatment and management.     

Challenges for the theory and application of dynamic risk factors

ABSTRACT

The inclusion of dynamic factors in risk assessment measures used with forensic populations has largely been considered an improvement in both the accuracy and utility of these assessments in informing treatment and sentencing. However, there are important challenges associated with the current approach to the conceptualisation, identification, and use of dynamic factors in risk assessment. Whereas some of these challenges relate to applied settings (such as the use of measures with different offender populations), there are also deeper questions regarding the construct validity of dynamic risk measures and the methodological strategies used to identify them. More emphasis on theoretically driven research is needed, to identify causal and explanatory relationships between dynamic risk factors and recidivism. We hope that highlighting these challenges can help to build a consensus on a future research agenda for dynamic risk factors.     

Biological protective factors for antisocial and criminal behavior

Purpose

Although risk factors are typically the focus of criminological research, increasingly researchers are interested in identifying protective factors that reduce the probability of antisocial behavior, either in the presence or absence of risk factors. Biosocial researchers are in an opportune position to research factors that protect against the development of antisocial behavior in high-risk individuals, given biosocial criminology’s focus on the interaction between biological and social factors. The purpose of this article is to review neuropsychological and psychophysiology research into protective factors.

Results

Of the neuropsychological factors, high IQ has the best-replicated protective effects, though executive functioning is also a promising candidate as a protective factor. High resting heart rate, as well as enhanced autonomic fear conditioning and attentional processing may also have protective effects.

Conclusions

Though research into biological protective factors is currently limited, there is promising evidence that biological factors could help us to better understand why some individuals do not become antisocial or criminal in the presence of high social risk. Neuropsychological and psychophysiological measures are relatively easier and less costly to operationalize than other biological measures, making them promising candidates for criminological researchers who would like to incorporate biological measures into their research designs.     

People with special needs and sexual behaviour problems: balancing community and client interests while ensuring effective risk management

Abstract

Deinstitutionalisation movements of the mid-1900s led to changes in policy and practice in the management of people with special needs (defined for this article as people with severe and persistent mental illness, intellectual disabilities and high levels of personality factors that interfere with treatment participation). Although the majority of clients with special needs receive care in community settings and interact more with family, friends and others in the community, some such clients require more rigorous case management. For clients who have offended, especially sexually, community-based services are scarce, and concerns regarding reoffence potential often supersede traditional understandings of diminished capacity. Recent reports suggest that jails and prisons have replaced hospitals as the institutions-of-choice for clients with special needs who engage in inappropriate conduct. This paper examines policies and practices regarding community risk management of people with special needs who have sexually offended. Vignettes are provided to illustrate how some clients and agencies have been affected, and suggestions are made to ensure best practices in risk management and public safety.     

Predictive accuracy of static risk factors for Canadian Indigenous offenders compared to non-Indigenous offenders: implications for risk assessment scales

ABSTRACT

The over-representation of Indigenous offenders in Canadian prisons highlights the importance of research on the generalizability of potential static risk factors for this group. The current investigation examined whether 87 static indicators currently assessed in Canadian federal prisons were differentially present and related to outcomes (revocations, general recidivism, and violent recidivism) for Indigenous (n?=?1500) and non-Indigenous (n?=?6684) male federal offenders. The follow-up was eight months for revocations and five years for any/violent recidivism. Indigenous offenders scored significantly higher risk than non-Indigenous offenders on the majority of the indicators (particularly criminal history indicators). Generally, most criminal history indicators and some offence severity indicators predicted revocations, general, and violent recidivism for Indigenous offenders; however, several of the indicators had significantly lower accuracy for Indigenous offenders (particularly criminal history indicators). Overall, Indigenous offenders are a higher risk population and several static risk indicators do not perform as well for this group as for non-Indigenous offenders. Nonetheless, there were numerous static indicators that did predict outcomes for Indigenous offenders. The current findings suggest that it is possible to meaningfully assess static risk for recidivism among Indigenous offenders.     

Risk and protective factors of delinquency that are sensitive to migration and culture

ABSTRACT

Present evidence regarding widely used risk assessment tools suggests that such tools may have inferior predictive validity for offenders with a migration background (MB), especially from Turkey and Arab countries. Based on a thorough literature review, we investigated additional risk and protective factors via a postdictive correlational study design. We assumed that delinquency is induced by discrimination, a conflict of values, norms of honour, a disapproval of sexual self-determination, and antisemitism. In contrast, we expected social support to diminish the risk of criminal behaviour. The sampling took place inside and outside prison, where adult men with an Arab or Turkish MB (n?=?140) filled out a questionnaire. Individual norms of honour (r?=?.27?.41), antisemitism (r?=?.31?.37), and a disapproval of sexual self-determination (r?=?.23?.26) were positively correlated with delinquency. The best predictor was the individual’s perception of friends’ norms of honour (r?=?.34?.56). However, only a few significant correlations were found for a perception of individual discrimination (r?=?.08?.14) and an internal conflict of values (r?=?.11?.15), whereas global discrimination (r?=?.20?.29) clearly emerged as a risk factor for delinquency. Social support by nondelinquent peers could be confirmed as having a protective influence against delinquency (r=?.25?.27). Theoretical and practical implications for risk assessment are discussed.     

Putting risk factors in their place: an evolutionary-developmental approach to understanding risk

ABSTRACT

The assessment of criminal risk plays a prominent role in the criminal justice systems of many different countries and risk assessment is employed in a number of different domains. Given the importance of risk assessment tools in forensic contexts, and the amount of research devoted to evaluating their accuracy in predicting re-offending, it might be expected that risk assessment tools are grounded in our best theoretical understanding of the causal processes that give rise to criminal actions. However, it is not at all clear that this is the case. In this article, I will argue that one important area of neglect is the failure to fully engage with the literature in developmental and life-course criminology which also has directed an enormous amount of effort in to identifying risk factors for offending. At the heart of this neglect, I will claim, is the failure to fully recognise the key distinction between predicting offending and predicting re-offending. I will further argue that an evolutionary developmental perspective provides the theoretical resources to provide fully explanatory accounts of offending and re-offending, and in which risk factors can be appropriately located. I conclude by briefly considering some implications for theory, research, and practice.     

Perceptions of coercion in interrogation: comparing expert and lay opinions

ABSTRACT

When confessions are entered into evidence in criminal courts, issues of coercion and voluntariness are important and often contested matters. Occasionally, defense attorneys proffer expert witnesses to testify about the coercive pressures of an interrogation and the risk of a false confession. Such testimony is often ruled inadmissible on the grounds that it does not inform the jury beyond its common knowledge. In our effort to test this judicial assumption about common knowledge, we surveyed jury-eligible laypeople (n?=?67) and social scientists specializing in interrogation and confessions (n?=?54) regarding their opinions about the coerciveness of prohibited interrogation tactics, maximization techniques, minimization techniques, and suspect risk factors and compared their ratings with a set of independent t tests. Laypeople gave lower ratings to the coerciveness of all sets of items representing interrogation techniques, and lower ratings to the vulnerabilities associated with suspect risk factors, as compared to social science experts. The disparities between laypeople’s and experts’ perceptions of coercion in interrogations demonstrate that such issues are not fully within the common knowledge of prospective jurors, and suggest the need to provide jurors with expert witness guidance when tasked with evaluating confession evidence.     

The role of victim characteristics in the disposition of murder cases

Using data from prosecutors' files in a sample of 33 U.S. counties, we examine how victims' conduct and victims' demographic characteristics affect the disposition of murder cases at various stages of the criminal justice process. We find that victims' age and past conduct do not significantly influence legal outcomes in murder cases, but their race, gender, and conduct at the time of the incident do so. Although these effects vary across the criminal justice decision-making stages considered, they generally are consistent with the claim that killings of disreputable or stigmatized victims tend to be treated more leniently. We also find some evidence that the effects of victim characteristics are stronger in jury proceedings than in bench proceedings, and that the influence of a victim's race on the disposition of murder cases is conditioned by the racial composition of the county in which the case is processed.     

Problems in the measurement of dynamic risk factors in sexual offenders

ABSTRACT

Having valid and reliable tools to measure ‘dynamic’ risk factors and minimising assessor bias is said to be critical in helping to make decisions regarding how individuals convicted of committing crime should be managed and treated, and how resources within the Justice System should be prioritised. This article outlines the problems and issues associated with the measurement of such putative dynamic risk factors (see Ward, 2015 Ward, T. (2015). Dynamic risk factors: Scientific kinds or predictive constructs. Psychology, Crime and Law, 22(01-02), 2–16. [Google Scholar] [Dynamic risk factors: Scientific kinds or predictive constructs. Psychology, Crime and Law.], 22(1–2), 2–16], this volume for a critique of current conceptions of these), and suggests ways of ensuring that measurement is conducted in the most appropriate way for the population being dealt with. Specifically, we would note that the evidence suggests that psychometric analysis, and structured professional judgment can be used to measure dynamic psychological problems using some tools within some samples. However, their use can be hindered by a number of conceptual factors including how the tests are designed and used, their reliability and validity, the context in which they are used, and the samples used. Finally, we would note that interviews are also an important part in the process of dynamic assessment.     

Risk Perceptions and Fear of Criminal Victimization Among Visitors to Jamaica

ABSTRACT

Tourism is viewed as being particularly vulnerable to crime and data on the attitudes of visitors and travel agents tend to confirm this. Visitor perceptions of the risk of being criminally victimized in Jamaica have tended to be somewhat negative although the rate of criminal victimization of tourists is fairly low. Visitors' perceptions of safety are thus not in keeping with the objective indicators of the risk of tourist victimization. This paper attempts to explain this disjuncture between risk perception and the reality of visitor victimization. It discusses the likely long-term effects, and suggests possible responses to it.     

Incremental validity of ambulatory assessment of acute dynamic risk in predicting time to recidivism among prisoners on parole

ABSTRACT

This study investigates the incremental validity of changes in ten stress-related acute dynamic risk factors, collected through automated telephony over 30 consecutive days following parole, for predicting time to recidivism during the following year. Before release, the participants completed self-report assessment of some stable risk factors – impulsiveness and history of problematic substance use – as well as an assessment of symptoms of anxiety experienced during the weeks prior to release. Analysis of the baseline assessments showed that impulsiveness and a history of problematic substance use, but not pre-release symptoms of anxiety, were associated with recidivism during the parole year. Growth modelling using a linear mixed model was used to assess whether inmates on parole showed changes in acute dynamic risk factors during the first month following release. Individual growth model slopes and intercept were then extracted and used as covariates in a series of Cox regression analyses to test whether changes in acute dynamic risk factors could provide incremental predictive validity beyond baseline stable risk factors. Changes in five dynamic risk factors were associated with an increased risk of recidivism, of which daily drug use and daily summary score showed incremental predictive improvement beyond impulsiveness and history of problematic drug use.     

The impact of timing and frequency of parental criminal behaviour and risk factors on offspring offending

This paper explores mechanisms of intergenerational transmission of criminal behaviour by investigating specifically the timing and frequency of the parents' criminal behaviour while including risk factors for criminal behaviour. The results demonstrate a dose–response relationship: parents' number of criminal convictions is positively related to offspring's conviction rate. Furthermore, children whose parents had only been convicted before the child's birth have more convictions than those whose parents had never been convicted. Children whose parents had been convicted after the child's birth have more convictions than those whose parents had only been convicted before the child's birth, but this difference can be explained partly by the observation that the latter group had fewer risk factors for crime. When parental convictions at different ages were examined, children whose parents had been convicted between their 7th and 13th birthdays exhibit more criminal behaviour than children whose parents were convicted in other periods, but none of the differences were significant. There does not appear to be a sensitive period for the impact of parental criminal behaviour. The results demonstrate support for static as well as dynamic explanations of intergenerational transmission such as the transmission of a criminogenic environment and/or mediation through risk factors.