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.     

Indigenous People,Organized Crime and Natural Resources: Borders,Incentives and Relations

This article explores the relationship between the Emberá–Wounaan and Akha Indigenous people and organized crime groups vying for control over natural resources in the Darién Gap of East Panama and West Colombia and the Golden Triangle (the area where the borders of Laos, Myanmar (Burma), and Thailand meet), respectively. From a southern green criminological perspective, we consider how organized crime groups trading in natural resources value Indigenous knowledge. We also examine the continued victimization of Indigenous people in relation to environmental harm and the tension between Indigenous peoples’ ecocentric values and the economic incentives presented to them for exploiting nature. By looking at the history of the coloniality and the socioeconomic context of these Indigenous communities, this article generates a discussion about the social framing of the Indigenous people as both victims and offenders in the illegal trade in natural resources, particularly considering the types of relationships established with dominant criminal groups present in their ancestral lands.

     

Child Maltreatment and Intimate Partner Violence Among Indigenous and Non-Indigenous Canadians

Indigenous peoples of Canada face an elevated risk of intimate partner violence (IPV) compared to non-Indigenous Canadians. Few empirical studies have been conducted to understand this elevated risk, and none have examined child maltreatment (CM) as a predictor. This study used data on a nationally representative sample of 20,446 Canadians to examine CM and proximal risk factors for IPV against Indigenous and non-Indigenous respondents. Results showed that Indigenous respondents had greater risk of experiencing both CM and IPV. All three forms of CM (exposure to violence, direct physical and/or sexual abuse victimization, as well as both exposure and direct victimization) were associated with increased odds of IPV in adulthood. CM along with proximal risk factors accounted for Indigenous peoples’ elevated odds of IPV (AOR = 1.62; NS). These results were consistent with the theory that Indigenous peoples’ elevated risk of IPV is largely due to effects of historical trauma from past and continuing colonization. Reducing Indigenous peoples’ disproportionate risk of IPV requires efforts to reduce CM and its negative developmental effects among Indigenous peoples as well as resolving the manifestations of historical and contemporary trauma within Indigenous society.     

Humiliation,Justice and the Play of Anxiety in Competing Jurisdictions

In colonial nations, such as the land called Australia, the two registers of settler and Indigenous jurisdictions compete at the level of symbolic certainty. In Lacanian psychoanalytic theory neither can arrive at perfect symbolisation but the struggle and the proximity to their arrival can evoke anxiety. What insists to keep this anxiety at bay, in non-Indigenous Australia, is what Jacques Derrida calls justice. As an impossible object, similar to the Lacanian object petit a, justice must be interminably animated to hold this object of desire in play. Humiliation of Indigenous people in Australia is, I argue in this article, one mode of this play. I interrogate the psychoanalytic discussions of anxiety by Freud and Lacan to consider firstly what might be the cause of anxiety for contemporary non-Indigenous Australians and secondly how this anxiety is ‘played out’ on the bodies of Indigenous people through practices of humiliation. As one example of this work of humiliation I consider several scenes of police practice in the Sydney suburb of ‘Redfern’ from the 1991 documentary Cop it Sweet.     

The role of neurological and psychological explanations in legal judgments of psychopathic wrongdoers

Although brain imaging has recently taken center stage in criminal legal proceedings, little is known about how neuroscience information differentially affects people’s judgments about criminal behavior. In two studies of community participants (N = 1161), we examined how mock jurors sentence a fictional psychopathic defendant when presented with neurological or psychological research of equal or ambiguous scientific validity. Across two studies, we (a) found that including images of the brain did not alter mock jurors’ sentencing judgments, (b) reported two striking non-replications of previous findings that mock jurors recommend less severe punishments to defendants when a neuroscientific explanations are proffered, and (c) found that participants rated a psychopathic individual as more likely to benefit from treatment and less dangerous when a neurological explanation for his deficits was provided. Overall, these results suggest that neuroscience information provided by psychiatrists in hypothetical criminal situations may not broadly transform mock jurors’ intuitions about a psychopathic defendant’s sentence, but they provide novel evidence that brain-based information may influence people’s judgments about treatability and dangerousness.     

Aboriginal youth with foetal alcohol spectrum disorder and enmeshment in the Australian justice system: can an intercultural form of restorative justice make a difference?

Aboriginal youth with Foetal Alcohol Spectrum Disorder (FASD) are overrepresented in the justice system. FASD results from prenatal alcohol exposure, and may lead to cognitive, social and behavioural difficulties that increase susceptibility to contact with the justice system. This paper explores the potential contribution of restorative justice in creating diversionary options for Aboriginal youth with FASD, and related cognitive impairments, to prevent enmeshment in the justice system. The lesson from work in Australia and New Zealand is that restorative justice and Indigenous justice are different, but not irreconcilable, projects. We suggest that there is the potential for creating rich intercultural engagement spaces ‘in between’ restorative practices and Indigenous processes: provided that restorative justice – as an essentially Eurocentric paradigm of the Global North – does not attempt to colonise Indigenous justice. An appropriate model would have Aboriginal people engaged in the planning and management of diversionary options, with greater focus on diversion into place-based, Aboriginal owned and managed services. Restorative justice needs to engage with the historical demands of Indigenous peoples for their land and their way of life; though constantly imperilled by forces of neo-liberalism and colonialism, Indigenous peoples remain resilient and provide a vision of an alternative to Euro-modernity.     

The influence of personality on violent victimization – a study on police officers

The current study aims to examine the influence of police officer characteristics, civilian characteristics, and possible interactions between both on violent victimization of police officers. Based on literature distinguishing between ‘provocative’ and ‘submissive’ victims, focus is given on effects of police officers’ personality in terms of the five-factor model plus risk-taking. Patrol police officers (n?=?1813) from Lower Saxony, Germany, completed a paper-and-pencil survey including personality assessments as well as questions about their last three police encounters. Binary logistic multilevel regression analyses demonstrate that police officers with higher scores on neuroticism and openness to experience were more likely to be violently attacked. Furthermore, agreeableness reduced police officers’ risk of violent victimization, while risk-taking and neuroticism increased their risk when confronted with a violent civilian. The study indicates that personality and especially traits that are assumed to provoke potential perpetrators were linked with violent victimization. It further stresses the need to include perpetrator attributes in victim studies in order to identify relevant interaction effects between both parties.     

Legislative Transparency and Credit Risk

Open governance requirements are designed to improve accountability, which implies that transparent governments are more trustworthy stewards of their publicly invested power. However, transparency may also reduce institutional effectiveness and inhibit political compromise, diminishing the capacity to manage resources responsibly. We assess empirical support for these competing perspectives in the context of American state legislatures, many of which have become exempt from state sunshine laws in recent decades. We leverage variation in the timing of these legislative exemptions to identify the effect of removing transparency in a crucial governing institution on investors’ risk perceptions of states’ general obligation bonds. Our analysis of these data during the period 1995–2010 suggests that removing legislative transparency reduces state credit risk. We conclude that while openness in government may be normatively desirable, shielding legislative proceedings from public view may actually be better for states’ debt repayment capacity, improving their overall fiscal health.     

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.     

Compromise and religious freedom

Compromise is surprisingly common in the context of religious freedom. In Holt v. Hobbs, for example, a Muslim prison inmate challenged his prison’s no-beards policy on religious freedom grounds. He proposed, and was eventually granted, a compromise that allowed him to grow a half-inch beard rather than the full beard normally required by his beliefs. Some have argued that such a compromise is inconsistent with the purpose of religious freedom, which is to guard against interference with an individual’s religious practices. Accepting a compromise, after all, may require a significant modification to one’s default practices. But this paper argues that compromise can be appropriate if the purpose of religious freedom is to foster the inclusion and acceptance of all people in a diverse political community. Moreover, the benefits of compromise may lend support to the inclusion-based conception of religious freedom as against the more traditional non-interference conception.

     

New Battles and Battlegrounds for Mandatory Arbitration After Epic Systems,New Prime,and Lamps Plus

The Supreme Court's recent decisions interpreting the Federal Arbitration Act (FAA) in the employment context generally prioritize arbitration over workers’ labor law rights. The majority in Epic Systems Corporation v. Lewis upheld mandatory individual employment arbitration agreements despite their conflict with the labor law right to act in concert. The same majority in Lamps Plus, Inc. v. Varela rejected a state law interpretation of a contract provision to find that parties to an employment contract intend individual arbitration absent reference to group arbitration. A unanimous Court in New Prime v. Oliveira interpreted the FAA to include independent contractors under the transportation worker exemption, reinvigorating the battle over what it means to be engaged in interstate commerce to qualify for the exemption. These decisions resolved some disputes about the breadth of the FAA, but other questions remain. In the wake of Epic Systems and Lamps Plus, state courts and legislatures are testing the boundaries of the FAA's saving clause, with limited success. Confidentiality provisions, frequently associated with arbitration agreements, may unlawfully interfere with employees’ federal labor law rights. This article recommends that Congress amend the FAA to address these issues by excluding all workers engaged in interstate commerce, not just transportation workers, because the Court has strayed far from the original intent of the Act—to enforce commercial agreements in which the parties had equal bargaining power. State legislation also should provide guidance on what makes arbitration voluntary and fair, and provide a choice to employees on collective action, forum, and confidentiality.     

Evaluating the utility of ‘strength’ items when assessing the risk of young offenders

There is emerging recognition that positive or pro-social characteristics may lessen criminal propensity. There are now several adult and youth forensic instruments that include protective or strength components. Yet evidence supporting the protective capacities of these instruments with youth offending populations is still developing. This study aimed to identity the prevalence of strength items on the Youth Level of Service/Case Management Inventory tool, and their relationships with risk and re-offending for a cohort of 212 multi-cultural Australian juveniles in custody. The prevalence of strengths in the sample was low, and differed by cultural group. Young people who possessed a strength yielded lower instrument total and domain scores and were more likely to be afforded a lower level of risk compared to youth without a strength. Moreover, youth who possessed a strength were significantly more likely to desist from re-offending. This association remained after controlling for level of risk. Findings point to the importance of strengths when assessing a young person’s risk for re-offending.     

‘We are Jamaicans:’ living with and challenging the criminalization of homosexuality in Jamaica

Today, some 80 countries around the world have legislation criminalizing homosexuality, while those who engage in same-sex relations risk mob violence resulting from cultural intolerance. Despite this, gay rights advocacy within these countries exists. This paper examines gay rights advocacy in Jamaica – a nation which criminalizes same-sex relations and which has been identified by observers as among the most intolerant of same-sex relations. Using interviews with gay rights activists working with Jamaica’s leading gay rights organization, this paper describes the gay rights movement in a climate of repression. It begins with an overview of Jamaican sexual values, tracing its condemnation of homosexuality to a history of plantation slavery. Next, it discusses the emergence of a gay pride movement and the development of a broad-based association for all sexual orientations and identities. Finally, it examines the advocacy and activism of the Jamaican Forum for Lesbians, All-Sexuals, and Gays, a voice for Jamaica’s lesbian, gay, bisexual, and transgendered community. Throughout, the paper reveals how even an oppressed identity may find a voice and thrive despite the greatest of legal and cultural challenges.     

The MMPI-2 L Scale as a Measure of Impression Management After Receiving Test Information: a Case Report

Normally, high scores on the MMPI L (Lie) scale are associated with underreporting of symptoms. However, in certain circumstances, such as disability applications and personal injury litigation, individuals may be motivated to convey elevated symptomatology in combination with exaggerated portrayals of virtuosity and truthfulness. Information about tests may help guide this impression management pattern. The current case report illustrates these points and demonstrates that acquired information can motivate an individual, under the right circumstances, to increase their endorsement of uncommon virtues. Clinicians and forensic examiners are encouraged to remain alert to how test information interacts with an individual’s presentation motives.     

Impact of deception detection errors on public's trust in the police

Purpose. The present study explored the public's attitude towards errors in police officers’ detection of deception. Based on findings on trust in the police after responses to terrorist threats, we predicted a positive influence of a correct credibility assessment and of a risk‐averse response bias of police officers on public's trust. Methods. A general population sample (N= 151) read a hypothetical scenario concerning a credibility judgment and indicated their trust in the officers making the judgment. Decision outcome was manipulated by varying the four outcomes of a signal‐detection task, namely, Hit, Miss, False Alarm, and Correct Rejection. Results. In line with findings on trust in the police following responses to terrorist threats, people trusted police officers more if they judged the credibility of a suspect correctly. Moreover, officers who disbelieved the suspect's statement were trusted more than officers who believed, independently of outcome correctness. Furthermore, this effect was moderated by individual differences in error weighting. Conclusions. In sum, these findings indicate that lie‐biased credibility judgments made by police officers are supported by the public and increase their trust in the police. In addition, the present findings suggest that an asymmetrical weighting of judgment errors is a relevant factor in explaining the development of and attitude towards lie bias.     

III ‐ International agreements

Constitutions guarantee certain rights and freedoms. The formulation of these rights and freedoms are predicated on society. Prior to colonisation, Maori (the indigenous peoples of Aotearoa/New Zealand) had effective legal, social and political structures, premised on Tikanga Maori (Maori custom), which determined their ‘constitution’. Upon colonisation the existing ‘constitution’, determined by Tikanga Maori, was not recognised and, arguably, colonisation contributed to the break down of the Maori social fabric. Critics advocate that the disproportionate social statistics, indicating that Maori are over represented in the criminal justice system, are a manifestation of colonisation. The National-led government is engaging in a review of New Zealand’s constitutional arrangements. In light of New Zealand’s recent endorsement of the United Nations Declaration on the Rights of Indigenous Peoples, it is timely to consider whether the implementation of, and return to, Tikanga Maori is a constitutional right.     

基本公共服务均等化中的效率问题研究——以广州市公共文化服务为例

基本公共服务均等化作为一项具有战略意义的重大决策,如何实现公平与效率的平衡是一个恒久的议题。本文以广州市公共文化服务为例,在对相关情况进行调研的基础上,重点围绕如何提升广州市基本公共服务均等化的现有效率问题进行了一定的研究和设计,以期为政府进一步完善并有效推进基本公共服务均等化的制度与政策安排提供决策参考。     

Alcohol intoxicated eyewitnesses' memory of intimate partner violence

Alcohol affects memory in many, and mostly negative, ways. This is a problem in legal contexts as many witnesses are alcohol intoxicated when taking part of the critical event. However, research is sparse regarding how, and under what circumstances, the reports of alcohol intoxicated witnesses differ from those of sober witnesses. This study investigated whether alcohol intoxicated and sober eyewitnesses differ regarding completeness, accuracy, and type of information reported, as well as whether gender influenced these variables. Eighty-seven healthy men (n = 44) and women (n = 43) received either an alcoholic beverage (0.7 g/kg) or a control (juice) in a laboratory setting before viewing a film picturing intimate partner violence. Ten minutes after viewing the film, they were interviewed. Reports by alcohol intoxicated women were less complete, but as accurate, as sober women's. In contrast, intoxicated and sober men did not differ regarding completeness or accuracy. Furthermore, compared with sober women, intoxicated women reported fewer actions but no difference was found between the groups regarding reported objects. At this moderate dose, alcohol affected women's reports more than men's, which may be because alcohol affects attention and memory consolidation more clearly at a lower dose for women than for men.