General systems theory and criminal justice

Criminal justice agencies are organized sequentially — “output” from one agency is “input” to the next — but most scholars argue that criminal justice is not a system in a theoretical sense. In this article, it is argued that general systems theory (GST) reveals important insights into criminal justice structures and functions. Specifically, it is argued that the criminal justice system processes “cases” rather than people, and that the common goal of criminal justice processing is to “close cases so that they stay closed.” It also is argued that processing capacity progressively declines, in that at each system point the subsequent agency cannot input as many cases as the previous agency can output. Each agency therefore experiences “backward pressure” to close cases in order to reduce input to the next agency. Overall, this article highlights that criminal justice agents and agencies are best understood as operating in the context of the larger whole, thus it is concluded that criminal justice is a system in the sense of general systems theory.     

Integrating the American criminal justice and mental health service systems to focus on victimization

Although most research and policy in the mental health and criminal justice arenas have operated independently of one another, there is a growing consensus suggesting the need for an integration of these two disparate, yet complementary systems. Furthermore, in light of the adverse mental health consequences that often accompany victimization experiences, it is apparent that these two systems should develop and foster overlapping services for crime victims. The research reviewed herein provides an examination of issues such as these, identifies some of the barriers that stand in the way of a successful integration of the two systems, and attempts to provide some guidance and direction for future integrated mental health and criminal justice system approaches. An outline of research gaps and directions for future study are offered for the integration of criminal justice and mental health systems, as such collaborations are likely to alleviate some of the deleterious mental health outcomes evident among crime victims and at the same time reduce the occurrence of repeat victimization.     

Toward undergraduate education in the interface of mental health and criminal justice

The relationship between the mental health and criminal justice systems is a controversial one and of growing importance. Formal education in the interface of mental health and criminal justice is a prerequisite to progress in this area. While some educational opportunities are currently available on the graduate and post-graduate levels, there appears to be no reason for this restriction. The present paper describes an undergraduate course on the interface of mental health and criminal justice, and analyzes its contribution to the field in terms of priming future graduate and law students for specializing in this area.     

Improving justice and mental health systems interactions

Over the last three decades, theorists and practitioners in the field of mental health law have adhered to adoctrinal analysis paradigm characterized by an emphasis on legal doctrine, rational analysis of self-evident, albeit abstract legal principles, and law reform. Acknowledging that the paradigm has been highly successful in facilitating major reform of mental health law, the thesis of this article is that its value for understanding and improving justice and mental health systems interactions is largely exhausted. It urges a “paradigm shift” to an approach that emphasizes the interrelated steps, tasks, and processes in the interactions of the justice and mental healthsystems. It suggests several directions where such a shift might lead: (a) inquiry focused on such organizational components of justice and mental health interactions as court clinics; (b) the development of a meaningful statistical portrait of the number and composition of cases that impact both the justice and mental health systems; (c) a better understanding of the missions, goals, objectives, and administrative structures of the components in the justice and mental health systems interactions; (d) a greater emphasis on the work of trial courts, as opposed to appeals courts; and (e) the development of a new information architecture for the field of mental health law.     

A quasi-experimental test of the effects of criminal justice involvement on later mental health

Objectives

While many criminological theories posit causal hypotheses, many studies fail to use methods that adequately address the three criteria of causality. This is particularly important when assessing the impact of criminal justice involvement on later outcomes. Due to practical and ethical concerns, it is challenging to randomize criminal sanctions, so quasi-experimental methods such as propensity score matching are often used to approximate a randomized design. Based on longitudinal data from the Cambridge Study in Delinquent Development, the current study used propensity score matching to investigate the extent to which convictions and/or incarcerations in the first two decades of life were related to adverse mental health during middle adulthood.

Methods

Propensity scores were utilized to match those with and without criminal justice involvement on a wide range of risk factors for offending.

Results

The results indicated that there were no significant differences in mental health between those involved in the criminal justice system and those without such involvement.

Conclusions

The results did not detect a relationship between justice system involvement and later mental health suggesting that the consequences of criminal justice involvement may only be limited to certain domains.

     

Referrals to a mental health criminal justice Liaison and diversion team in the North East of England

There is growing interest in the health correlates of people detained in police custody, and a number of innovations have been introduced to try to meet the complex needs of detainees. The implementation of Criminal Justice Liaison and Diversion (CJL&D) Services commissioned by the Department of Health in England is a substantial part of this investment. In this paper, we describe data from 858 detainees who were referred to the CJL&D service of a busy metropolitan police station in the North East of England. The detainees referred to the service had complex mental health needs, substance misuse and a range of vulnerabilities requiring specific intervention. The effective operation of these teams and how they interface with health and criminal justice systems also depend upon a number of systematic issues that emanate both from within the teams, and from external policy drivers.     

Virtual reality: a use case for criminal justice practice

ABSTRACT

In recent years, virtual reality (VR) technology has convincingly demonstrated its potential for assessment, training, rehabilitation and treatment purposes in a variety of domains, including (mental) healthcare and education. This paper explores the possibilities for VR application within criminal justice practice. Criminological literature and literature of related disciplines on VR applications were reviewed with a special focus on risk assessment, correctional rehabilitation, and reintegration. We also devoted attention to the VR-based treatment of anxiety-related disorders among victims of crime. Literature shows that VR can provide safe learning environments that would otherwise involve risk, generate ethical and ecologically valid virtual alternatives for which real-life situations would be unethical to use, and develop environments that are impossible to create in the real life. These unique characteristics make VR a promising tool to expand the current toolbox of risk assessment instruments, and correctional rehabilitation and reintegration programs in important ways. Before implementing VR in criminal justice practice, an elementary understanding of both the advantages and disadvantages of VR technology is desirable but given a longstanding and effective VR tradition in other domains, the future of VR in criminal justice practice is bright.     

A mixed methods study of the mental health and criminal justice histories of missing persons

Approximately 35,000 people are reported missing each year in Australia; rates elsewhere are even higher, with a recent UK study suggesting that a person goes missing every 2 min. Missing persons place a significant burden on police services; it is interesting, therefore, that very little research attention has been paid to this topic. This mixed methods study aimed to address this significant gap by analysing the mental health and criminal justice histories of a sample of missing persons and comparing them to rates in the general community. The study found that both mental health and criminal justice histories were significantly overrepresented among missing persons compared to those in the general community, and that young people reported missing commonly displayed suicidal behaviour. Results highlight at risk groups and suggest that criminality is much more commonly implicated in missing person incidents than previously thought.     

Intellectual disability and mental illness in the NSW criminal justice system

There has been increasing international, national and local recognition of the need for more appropriate responses and services for individuals who come in contact with the criminal justice system and who have an intellectual disability and mental health issues. This article provides an overview of prevalence data that indicates a significant over representation of people with intellectual disabilities in correctional facilities and reviews the problems facing this population. Findings from two specific evaluation studies undertaken by the Centre for Developmental Disability Studies are presented, along with recommendations for future provision based on these results. One of these projects trialled a case management approach to supporting offenders with an intellectual disability upon their release from prison. The 20-month follow-up found that a number of serious barriers were encountered within the overall system of provision for this population; the most serious of which related to lack of adequate accommodation upon release. The second project involved a two-stage evaluation of one model of provision for individuals with intellectual disabilities who are sex offenders, only some of whom were on parole. This service provided both residential and therapy services in a small group home located in the community. Residents were found to have high levels of emotional and behavioural difficulties, in addition to offending behaviour, that continue to require support and supervision. Critical issues, including guardianship involvement, restrictive practices and retrieval, therapy provision, and risk management issues are discussed in relation to overall clinical and lifestyle outcomes.     

Citizenship, mental illness, and the criminal justice system

The concept of citizenship in regard to persons with mental illness has gained increasing attention in recent years, but little empirical research has been conducted on this topic. In addition, little research or conceptual writing has been done on the topic of criminal justice in regard to citizenship for people with mental illness, in spite of the high incidence of criminal charges and incarceration among this group. We review our work on an applied theoretical framework of citizenship, including its origins in mental health outreach work to people who are homeless and in a jail diversion program. We then suggest the contribution the framework can make to the intersecting issues of mental illness, its criminalization in the U.S., and the goal of community integration for people with mental illness.     

Latinos/as in the criminal and juvenile justice systems

With few exceptions, prior explanations of racially disparate punishment have followed a dichotomous approach (i.e., African American versus Caucasian), due in part to the limitations of existing data. Researchers have either excluded Latino/a, defendants or treated them as a monolithic group. Consequently, there is not much on Latinos/as, whose experiences with the criminal and juvenile justice systems differ from those of African American and Caucasian. This article expands on current literature by providing a thorough overview of existing literature on Latino/as. It critiques this body of literature and lists ten common methodological flaws that may contribute to findings of equal treatment. Finally, it provides a concise summary of the main subgroups within the umbrella term ‘Latino/a’ to highlight the heterogeneity within this classification.     

The criminal justice system in a social justice society would look very different from the current system

I learned my most important lessons about criminal justice reform more than 30 years ago while working on what has become known as the Attica Prison rebellion. The Attica Prison rebellion took place in September 1971 in the maximum security prison in upstate New York. Led by prisoners with a broad social justice agenda, the prisoners’ demands were focused on basic human rights, including the right to organise, the right to be free from abuse from prison guards and the right to basic living conditions – health and sanitary conditions among others. The rebellion was ended when then Governor Nelson Rockefeller sent in state troopers to retake the prison by force, resulting in the death of 39 prisoners and prison guards. A political and legal struggle to defend prisoners charged in the uprising ensued, eventually resulting in the dismissal of the charges against the prisoners. In 2000, the people who had been prisoners at Attica during the 1971 rebellion were awarded an $8m settlement from the State of New York.     

Toward an agenda for reform of justice and mental health systems interactions

This article presents an agenda for reform of the justice and mental health systems interactions, which includes policy, management, and research strategies related to the systemic and interorganizational issues facing the two systems. The strategies are divided into six major categories: (a) base decisions, procedures, and policies on empirical data; (b) improve communications between system; (c) ensure dignity and respect are afforded all individuals involved in both systems; (d) ensure the availability and delivery of mental health services and treatment prorams; (e) inform others about issues related to the intereactions of the justice and mental health systems; and (f) periodically review and reformulate policies, management strategies, and research efforts for improving systems interactions. The article also presents a summary of the problems and possible goals associated with mental health and justice systems interactions. The summaries as well as the agenda are based on the results of a symposiuum attended by practitioners and scholars in the justice and mental health fields.     

Publication productivity of criminal justice faculty in criminal justice journals

An important dimension of university faculty life is publication expectation. Often the level of publication productivity is used to assess general program prestige or to evaluate individual faculty performance. The publication rates of faculty in PhD and master-level programs have been unclear. This study examined the publication rates using a general list of criminal justice journals, and a select list of the leading journals, over a five-year period. The faculty members were located in criminal justice programs that granted PhD and master degrees. Publication productivity rates were established for the two different degree level programs, and the institutions with the strongest publication rates were identified. Publication rates are only one factor used in the assessment of program quality and the relationship of publication rates to other program features is discussed.     

Mental health issues and the Canadian criminal justice system**

The critics assert that a significant proportion of incarcerated individuals suffers from mental health issues, i.e. ‘the criminalization hypothesis.’ The current paper reviews the scholarly literature to address five interrelated questions: (1) What are the risks of those classified as mentally ill for committing crimes and, in particular, violent crimes? (2) As the gatekeepers to the criminal justice system, what happens during ‘first encounters’ between the police with those who have mental illnesses? (3) What community-based services are available for effective diversions as an alternative to incarceration for those with mental illnesses? (4) What are the impacts of treatment options upon those experiencing mental illnesses while incarcerated, including the impact upon recidivism? (5) What types of pre-release planning and community responses have the most positive effects to help reduce recidivism and assist offenders in coping with mental health issues in the Canadian context? After summarizing key evidence pertaining to these questions, the paper presents case studies as exemplars of ‘best practices’ to illustrate promising directions conducive to integrated, holistic, and effective responses at the intersection of the criminal justice and mental health systems.