Mentally ill offenders eligible for diversion at local court in New South Wales (NSW), Australia: factors associated with initially successful diversion

Diversion away from the criminal justice system and into mental health treatment services is a key strategy for addressing the well-established burden of mental illness suffered by those presenting to court. While mental health courts, court liaison and court diversion services have been developed in many jurisdictions internationally, there is limited research evidence to support their effectiveness in identifying those with mental health need and achieving successful diversion. The Statewide Community and Court Liaison Service in New South Wales, Australia, identifies mentally ill offenders likely to meet legal eligibility criteria for diversion at the busiest local courts across the state. Utilising data collected by mental health clinicians working in the service, 8317 individuals were identified as being eligible for court diversion on at least one occasion during the study period (1 July 2008 and the 30 June 2015) and 57.3% were subsequently diverted by Magistrates. Successful diversion at this first step was associated with being female, older, of non-Aboriginal and/or Torres Strait Islander background, and having a serious mental illness, replicated when stratified by sex and by Aboriginal and/or Torres Strait Islander background. There may be barriers to mental health diversion at court for individuals with particular socio-demographic characteristics which future service developments may need to take into account.     

POLICE DIVERSION An Illusion?

Diversion is defined on the basis of five restrictions that place important limitations on what should be considered “authentic” diversion. Each of the restrictions is reviewed in light of a number of current diversion programs known to the author. It is concluded that diversion as conceptualized by its proponents is not receiving a fair test and will be rejected on the basis of programs that have been operational zed in ways inconsistent with the original intent of its early advocates.     

Partner Assaultive Men and the Stages and Processes of Change

Researchers have recently suggested that the Transtheoretical Model of behavior change (TTM; Prochaska, J. O. DiClemente, C. C., and Norcross, J. C., 1992, Am. Psychol. 47: 1102–1114) might help in understanding the mechanisms through which partner assaultive men attempt to change their abusive behavior. In the present study, we present data from 2 psychometrically sound scales designed to assess the stages and processes of change in a cross-sectional sample of 250 men attending 2 batterer's intervention and prevention programs: the University of Rhode Island Change Assessment Scale for Domestic Violence (URICA-DV; Levesque, D. A., Gelles, R. J., and Velicer, W. F., 2000, Cog. Therapy Res. 24: 175–200), which assesses movement through the stages of change, and the Processes of Change Scale (POC), developed by the authors to assess self-reported usage of behavior change processes. Cross-validated cluster analyses indicated a three-cluster solution based upon URICA-DV scores: Immotive, Unprepared Action, and Preparticipation. Results indicated that individuals in more advanced stages of change reported using more behavior change processes, although this did not appear to result from being in treatment for a longer period of time. These data are interpreted in light of recent data indicating relatively small effect sizes for batterer's treatment programs and how assessment of the stages and processes of change might assist in matching men to different levels of treatment.     

Crisis intervention team training: when police encounter persons with mental illness

Abstract

The Crisis Intervention Team (CIT) model is an established training program used to improve police response to encounters involving persons with mental illness (PwMI). Diversion of PwMI from the criminal justice system to appropriate treatment providers in the community is one of the primary goals of CIT. The present study examines characteristics and outcomes of encounters between citizens experiencing mental health-related crises and CIT-trained patrol officers. Findings of this study indicate encounters involving PwMI and CIT-trained officers often result in diversion to mental health services. Implications for policy and future research are discussed.     

Design of an algorithm to identify persons with mental illness in a police administrative database

North American police maintain a database to track events and information related to their involvement with the public that contain a series of electronic caution/dependency flags attached to an individual's name for internal communication. To identify persons with mental illness in a police administrative database, an algorithm was developed that was composed of (a) caution/dependency flags, (b) addresses, and (c) key search words indicative of mental illness. Based on the level of confidence of the algorithm, persons with mental illness (PMI) were then assigned to one of three categories: Definite, Probable and Possible PMI. Results for 2000 include the sociodemographic characteristics of PMI and non-PMI in the database. The mean number of contacts, types of interactions, re-involvement with a year, charges and dispositions are described. The algorithm provides a cheap, quick method to identify PMI for North American police. It enables police to monitor the effectiveness of pre-arrest diversion programs and allows researchers to analyze questions of criminalization and mental illness.     

Diversion in the Canadian Juvenile Justice System: A Tale of Two Cities

Abstract The present study attempted to evaluate the effectiveness of diversion in the juvenile justice system by comparing two different communities. One community has a formalized, well-established diversion program whereas the other community utilizes the Family Court to a much greater extent. Preliminary data suggests no difference in recidivism for a matched sample of young offenders. The implications of the study are discussed in terms of future research on diversion and the need for appropriate comparison groups. In the past two decades, diversion programs have been one of the major innovations within the juvenile justice system. These programs have attempted to divert juveniles from the formal process involving court hearings by creating alternative interventions at the policy and community level. The basic premises underlying these programs is that the formal court system may do more harm than good by labeling youngsters as “delinquent” and rendering them more vulnerable by involvement in an adversary process (Reference numbers 4, 12, 14). Diversion programs that provide youngsters with an opportunity to make restitution or perform community services are compensation for their misbehavior are seen as more immediate and meaningful consequences than awaiting a formal adversarial court hearing (5, 13). However, diversion programs have not met with universal acceptance. Critics have pointed out that programs, in fact, “widen the justice net” by processing children who never would have gone to court anyway (3, 7). As well, concerns have been raised as to the protection of clients' legal rights in the diversion program and the dangers of “double jeopardy” in the event that failure in a program could lead to an even more severe disposition by the court (8, 9). The debate over the effectiveness of diversion programs has been fueled by the lack of research. Although there are many studies that suggest the success of this approach (1, 6, 10), the research has suffered in its credibility due to the absence of appropriate control groups. The present study attempted to fill this significant void in previous evaluations of diversion, by comparing two communities in southwestern Ontario with different approaches to juvenile justice. The cities of Windsor and London are approximately 200 km apart, with comparative populations (200,000 vs 250,000). Windsor has well established diversion programs with substantial support of community agencies, the police force and Crown Attorney's office. This program is described in detail elsewhere (2, 11) so will not be outlined here. London has no such program and consequently has an obviously greater number of youngsters handled through the formalized juvenile court. The authors hoped to capitalize on this “naturally occurring difference” in approach between the two cities by examining the rate of recidivism of young offenders as well as determine their attitudes (and that of their parents) toward the interventions they received. The hypotheses in the pilot studies outlined were that the diversion program youth in Windsor would have a more positive attitude about their intervention and would be less likely to recidivate than a matched sample of youth in London, based on the theoretical underpinning of diversion as well as the results of previous outcome studies.     

Child Adjustment after Parental Separation: Variations by Gender,Age, and Maternal Experiences of Violence during Marriage

This study examined variations in children’s post-separation adjustment based on child characteristics (gender and age) and maternal experiences of intimate partner violence (IPV) during marriage. Mothers (N?=?147) recruited within 12 weeks of a divorce filing took part in two interviews three months apart. They reported on marital IPV at Time 1, and their children’s (47% female; ages 3–17) adjustment 3 months later at Time 2. Four aspects of child adjustment were assessed using a standardized measure (hyperactivity, emotional symptoms, conduct problems, peer problems). Mothers were classified as having experienced coercive controlling violence (CCV; 23.8%), situational couple violence (SCV; 27.9%), or no violence (48.3%) during marriage. Gender differences were found on one of the four child adjustment indicators: boys had higher levels of hyperactivity than girls. Among boys but not girls, hyperactivity scores varied based on age and IPV type. Implications for practitioners and researchers are discussed.

     

Conduct Problems Among Children at Battered Women's Shelters: Prevalence and Stability of Maternal Reports

The present research was designed to (1) replicate prevalence estimates of clinical levels of conduct problems in a large (n = 401) sample of children residing at a shelter for battered women, and (2) assess the stability of mothers' reports of child conduct problems following shelter departure. According to mothers' reports on standardized questionnaires and diagnostic interviews obtained during shelter residence, approximately one third of the children between 4 and 10 years of age exhibited clinical levels of conduct problems. Prior research has demonstrated elevated maternal distress during shelter residence and suggests that such distress may influence mothers' reports of child conduct problems. To examine this issue, a subset of families with children exhibiting clinical levels of conduct problems (n = 68) was reassessed following their shelter departure. Mothers' reports of child conduct problems remained stable despite significant reductions in mothers' distress after shelter exit.     

The impact of two Los Angeles County Teen Courts on youth recidivism: comparing two informal probation programs

Objective

This study sought to examine the impact of two Teen Courts operating in Los Angeles County, a juvenile justice system diversion program in which youths are judged by their peers and given restorative sentences to complete during a period of supervision.

Methods

A quasi-experimental design was used to compare youths who participated in Teen Courts (n = 112) to youths who participated in another diversion program administered by the Probation Department (the 654 Contract program) (n = 194). Administrative data were abstracted from the probation records for all youths who participated in these programs between January 1, 2012 and June 20, 2014. Logistic and survival models were used to examine differences in recidivism, measured as whether the minor had any subsequent arrest or arrests for which the charge was filed.

Results

Comparison group participants had higher rates of recidivism than Teen Court participants, after controlling for age, gender, race/ethnicity, and risk level. While the magnitude of the program effects were fairly consistent across model specifications (odd ratios comparing Teen Court [referent] to school-based 654 Contract ranging from 1.95 to 3.07, hazard ratios ranging from 1.62 to 2.27), differences were not statistically significant in all scenarios.

Conclusions

While this study provides modest support for the positive impact of Teen Court, additional research is needed in order to better understand how juvenile diversion programs can improve youth outcomes.

     

What Did the Janitor Do? Suggestive Interviewing and the Accuracy of Children's Accounts

Examined the influence of suggestive interviews on 5- to 6-year-old children's reports and recollections of an adult's behavior. Children (29 girls, 27 boys) witnessed a confederate, acting as a janitor, either clean or play with toys. An hour later they were interviewed in succession by the janitor's boss, by an experimenter, and by their own parent. Parents interviewed their child again 1 week later. The boss and experimenter interviewed the child in one of three ways: neutral (nonleading), incriminating (suggesting the janitor was bad and playing on the job), or exculpating (suggesting the janitor was good and doing his job of cleaning). When these interviews were neutral, children consistently gave accurate accounts of the janitor's behavior. When these interviews were suggestive, children's accounts shifted strongly in the direction of suggestion as the interviews progressed. By the end of the suggestive interviews, children's accounts uniformly corresponded to the interviewers' suggestions, even when the suggestions were inconsistent with what actually happened. These effects of suggestion persisted during the two nonleading parent interviews.     

Ex-offender employment programs and recidivism: A meta-analysis

One consequence of the tremendous growth in the number of persons under supervision of the criminal justice system, whether incarcerated, on parole, or on probation, is the effect of this criminal history on finding and keeping a job. Ex-offenders, especially those recently released from prison, face substantial barriers to many types of legal employment; nonetheless, stable employment is one of the best predictors of post-release success. Thus, policy-makers concerned about high recidivism rates face an obvious need to improve the employment prospects of ex-offenders. Over the last 25 years, many programs that were designed to increase employment (and, by so doing, reduce recidivism) among ex-offenders have been implemented and evaluated. [Wilson, D. B., Gallagher, C. A., Coggeshall, M. B. & MacKenzie, D. L. (1999). Corrections Management Quarterly 3(4), 8–18; Wilson, D. B., Gallagher, C. A. & MacKenzie, D. L. (2000). Journal of Research in Crime and Delinquency 37(4), 347–368] conducted a quantitative synthesis and meta-analysis of 33 evaluations of educational, vocational, and work programs for persons in correctional facilities. To date, however, the evaluation literature on employment programs for those with a criminal record who are not in custody has not been systematically reviewed. This paper presents the results of a quantitative meta-analysis of eight random assignment studies of such programs, using the Campbell Collaboration methodology. The results indicate that this group of community employment programs for ex-offenders did not reduce recidivism; however, the experimental design research on this question is small and does not include some of the promising community employment programs that have emerged in the last decade.     

Assessing the Relative Importance of the Child Sexual Abuse Interview Protocol Items to Assist Child Victims in Abuse Disclosure

This study identifies (1) the importance of using the Child Sexual Abuse Interview Protocol for multiple disciplines to obtain detailed information of what the alleged child victims say and claim, and (2) the concurrence of multiple professionals about the relevance of items in the protocol in their practice. A survey with 100 items based on the Child Sexual Abuse Interview Protocol was self administered by 36 professionals working at a child advocacy center including administrators, attorneys, child advocates, support persons, physicians, police, psychologists, and social workers. These respondents unanimously felt it was very important for interviewers to complete two specific items during the course of an investigative interview: “showing the interviewer is listening to the child” and “showing patience with the child.” As indicated by the average rating scores, 89 items were perceived between very important and important, and nine items as somewhat important. No item on this scale was rated as doesn’t matter or unimportant. Social workers and police officers did not differ significantly in their ratings of the importance of these items. Both quantitative and qualitative results support four major considerations when using an interview guide: 1) flexibility in opening and closing the interview, 2) professional and appropriate use of the anatomical dolls, 3) assessment of the age and mental state of the child, and 4) determination of the order of questions based on severity of incidents. This study provides data to identify the importance of using a comprehensive interview protocol for multidisciplinary professionals who work with alleged victims of child sexual abuse. The use of these 100 items will enhance the effectiveness of conducting a one-time interview to avoid repeated interviews. This study that was originally aimed at comparing differences among professionals has, in fact, demonstrated the similarities across disciplines, as agreement among various professional groups was substantial. This finding dissolves the myth that multiple disciplines brought forth diverse opinions and instead encourages the “working together” concept of a team.     

Punishing the Innocent: Children of Incarcerated and Detained Parents

Abstract

About 2 million minor children in the U.S. have at least one parent incarcerated for criminal offenses. There are about 33,000 undocumented persons detained by Immigration and Customs Enforcement in jails and federal detention centers around the country, and 79% of the minor children of these detainees are U.S. citizens. There are few government programs that measure and respond to the harm caused to these children by the incarceration and detention of their parents, and the negative effects on these children are largely ignored in public policy debates about incarceration and immigration detention. I argue that we have an obligation to these children based on (1) the special status of children, (2) the harm caused to children by the arrest, detention and incarceration of their parents, (3) current incarceration and detention policies even in the presence of alternatives that would, on balance, create less harm.     

Using Social Science to Inform the Law of Intestacy: The Case of Unmarried Committed Partners

Laws of intestate succession determine how the estate of a person who dies without a will is distributed. Researchers have struggled with the question of how to infer the donative intent of persons who die intestate. Based on an empirical study of unmarried committed partners, we compare the usefulness of two methods of social research for informing intestacy law: will studies and interviews with living persons about their preferences for estate distribution. The results indicate that for some groups of unmarried committed partners, will studies may not adequately reflect the extent to which intestate decedents wish their partner to share in their estate. In addition, the results demonstrate a close correspondence between respondents' actual wills, when they had them, and their distributive preferences on hypothetical scenarios. These findings are discussed as they relate to an examination of which sources of social scientific evidence are most useful in informing the law of intestacy.     

‘Their life in your hands’: the experiences of prison-based psychologists conducting risk assessments with indeterminate sentenced prisoners in the United Kingdom

ABSTRACT

Assessing prisoners’ risk of recidivism and making risk-management recommendations is central to the work of prison-based psychologists. Risk assessment is particularly crucial when it involves indeterminate sentenced prisoners: psychologists’ recommendations have potentially significant consequences both for prisoners and the public. However, little is known about psychologists’ experiences of conducting such high stakes risk assessments. This paper reports the results of an exploration of psychologists’ experiences, via interviews and discussions with qualified, prison-based psychologists. Analysis using Grounded Theory methods identified one super-ordinate category of meaning, namely The Challenging Context of Risk Assessment, which comprised two sub-categories: (1) pressure of limited resources and (2) pressure of the environment. An additional major category, Risk Assessment as a Weighty Task, comprised three sub-categories: psychologists described (1) a weight of responsibility relating to the magnitude and range of their responsibilities; (2) a weight of expectation from colleagues to provide solutions, and (3) the trainee dilemma associated with the need to balance development of trainee psychologists’ competence in risk assessment with being held accountable for their work. Understanding qualified psychologists’ experiences of undertaking risk assessments with indeterminate sentenced prisoners can facilitate improvements and build on areas of existing good practice.     

The aftermath of enforcement episodes for the children of immigrants

For 30 years, U.S. immigration policy has increasingly focused on enforcement. This article goes beyond cataloging the harms of such policies to document the processes by which they become more or less salient in the lives of children of immigrants over time. In-depth interviews with 86 young adults raised in New York show that enforcement policies shape children's lives either through lived experiences of enforcement episodes or through diffuse fears arising from indirect threats. Qualitative analysis of narratives of (a) deportations post-incarceration, (b) removals, (c) arrests and detentions (d) direct threats, and (e) diffuse fears identifies characteristics related to each that may affect children even after they age into adulthood.     

Alienation-reduction as a paradigm for delinquency reduction

It is suggested that agencies adopt the concept of alienation-reduction as the paradigm for designing and coordinating juvenile delinquency programs. Existing theory and data are consistent with the view that delinquency is associated with alienation and most existing rehabilitation approaches can be viewed within the framework of alienation-reduction. Adoption of the paradigm offers three important advantages: (1) it defines the problem in terms of the individual's relation to his environment; (2) it can facilitate communication among diverse youth-serving agencies; (3) it provides a logical basis for action and decisions regarding prevention, diversion, and treatment programs.     

Personality Disorder Symptoms in Women as a Result of Chronic Intimate Male Partner Violence

This study explores the personality disorder symptoms of women victims of intimate male partner violence (IPV), after controlling for the contribution of experiences of childhood abuse. Victims of both physical and psychological violence (n = 73) or psychological violence alone (n = 53) were compared with non-abused control women (n = 52). Information about sociodemographic characteristics, childhood abuse, and personality characteristics (MCMI-II) was obtained through face-to-face structured interviews. Women victims of IPV had higher scores than controls in schizoid, avoidant, self-defeating personality scales, as well as in the three pathological personality scales (schizotypal, borderline and paranoid). Both physical and psychological IPV were strongly associated with personality disorder symptomatology, regardless of the effects of childhood abuse. These findings underscore the need to screen for personality disorder symptoms in women victims of IPV when dealing with therapeutic interventions.     

Mock-juror reactions to multiple interview presentation and rapport-building

ABSTRACT

In the UK and some US states, video-recorded investigative interviews of child victims/witnesses can be presented in court as the child’s evidence-in-chief. However, there is scarce advice or research on the effect that presenting different sections of the interviews may have on juror perceptions of the child’s testimony. Two aspects of testimony presentation are examined here: first, whether to show the rapport-building phase of the interview, and second, the presentation of multiple interviews (i.e. more than one interview with the same child). Participants (n?=?103) informed they were watching two interviews of the same child separated by a week had more positive perceptions of the child’s testimony than those informed they were watching just one extended interview with a ten-minute break. Also, those watching the rapport-building phase had less positive perceptions of the child’s testimony than those who did not watch this phase. Participants’ perceptions of the interviewer and their case progression decisions were mainly not related to the above presentational differences. Thus, (i) mock-jurors were not inherently biased against multiple interviews and (ii) decisions regarding whether or not to show the rapport-building phase in court may have significant effects on jurors’ perceptions of the child and their testimony.     

Delinquent networks in Sweden

This study covers all persons under the age of 20 who were suspected of having committed a crime in the Swedish city of Borlänge (approx. 50,000 inhabitants) during the years of 1975–1977. The juveniles (575 in all) were followed up during a total of 10 years. A sociometric method based on police data was developed for studying co-offending patterns. The method was validated through a smaller number of interviews with the juveniles. This study shows that a large majority of the most delinquency active juveniles was associated with a large network of delinquent relations. The stronger the connection to this network, the more substantial, serious, and long-lasting were the delinquency and other asociality. This network also seemed to be very important with regard to the reproduction of juvenile delinquency in the municipality. At the end of the follow-up period juvenile delinquency in Borlänge had basically the same character as at the beginning, even though the juveniles included in the network were, to a large extent, new. The young offenders who were central figures in the new network had successively learned their roles from the network's old members.This paper is based on results published initially in a report entitledDelinquent Networks (Sarnecki, 1986).