Observations of reintegrative shaming in a mental health court

This study compares the use of stigmatizing and reintegrative shame - as specified in Braithwaite's Crime, shame and reintegration (1989) - across traditional criminal court and mental health court settings. Items from the Global Observational Ratings Instrument were used to gather data on 87 traditional court cases and 91 mental health court cases, presided over by five different judges. The observational items capture three constructs: respect, disapproval, and forgiveness, as they apply to Braithwaite's theory. We present means tests to examine differences in shaming between court types and judges. Findings show that the mental health court is more likely to use reintegrative shaming and show respect and forgiveness for offenders, and less likely to show disapproval. Similarly, judges who preside in both court types are significantly more likely to practice reintegrative shaming in the mental health court context. We further explore these findings using field notes and illustrate those components of a mental health court that are conducive to reintegrative shaming.     

Perceived parental care and supervision: relations with cognitive representations of future offending in a sample of young offenders

This article focuses on the relations of two dimensions of perceived child-rearing practices, care and protection, as measured by the Parental Bonding Instrument and on cognitive representations of future offending in a sample of 152 young offenders. The relations of two different models, predictive of juvenile delinquency, are explored. Parental influences are thought to represent distal factors affecting juvenile delinquency, whereas cognitive representations, formulating the decisions of young offenders, are proximally related with juvenile delinquency. The focus of the research is the young offenders'intentions to reoffend, and it was found that intentions to reoffend in the future were predicted by attitudes toward offending and perceived behavioural control of future offending, whereas parental variables were redundant in predicting behavioural intentions of reoffending. Any effects of parental variables on behavioural intentions were mediated by the young offenders' attitudes toward offending.     

Violent Youth in Juvenile and Adult Court: An Assessment of Sentencing Strategies in Texas

This paper examines the effectiveness of two sentencing strategies for managing serious and violent juvenile offenders: judicial waiver to adult court and determinate sentencing in juvenile court. Corrections data were analyzed and it was found that both groups consistently receive longer terms of incarceration than are available through normal juvenile justice processing. However, this finding changed when actual time served was taken into consideration. A discriminant analysis showed that juveniles determin-ately sentenced in juvenile court are more likely to be younger and receive and serve shorter sentences than juveniles waived to adult court and sentenced to prison.     

Youth justice conferencing and indigenous over-representation in the Queensland juvenile justice system: a micro-simulation case study

Restorative justice conferencing for young offenders is firmly established in Australian juvenile justice, and legislated conferencing schemes are operating in all Australian states and territories. While there is some variation in the terms used to describe restorative justice conferences (e.g., family group conferencing, family conferencing, or youth justice conferencing), there is much more consistency in how the conferencing process is managed across Australian jurisdictions. In Queensland youth justice conferencing is a process that brings together an offender, the victim and their supporters to discuss the harm caused by the offending behaviour and provide the young person with an opportunity to take responsibility for his or her behaviour and make amends. This paper begins by briefly sketching the development of restorative justice conferencing in Queensland and describes the Juvenile Justice Simulation Model (JJSM), a micro-simulation model developed for criminal justice policy analysis in Queensland, Australia. We use this micro-simulation model to conduct an experimental exploration of the effects that youth justice conferencing has on system-wide outcomes for indigenous young people. The model simulates the impact of interventions up until 2011 on the number of finalised youth justice court appearances. Our results indicate that youth justice conferencing is unlikely to reduce the over-representation of indigenous young people in the juvenile justice system. The simulations demonstrated that, by the 2011, youth justice conferencing would result in a 12.5% decrease in finalised court appearances. Unfortunately, this decrease was more apparent for non-indigenous young people (13.7% decrease in court appearances) than for indigenous young people, who had a 10.5% decrease in court appearances. This differential impact of conferencing is due to the different court appearance profiles between indigenous and non-indigenous young offenders, with indigenous young people initiating offending at an earlier age and offending more frequently than non-indigenous young offenders.     

REDUCING INTIMATE PARTNER VIOLENCE: AN EVALUATION OF A COMPREHENSIVE JUSTICE SYSTEM‐COMMUNITY COLLABORATION*

Research Summary In 1999, three communities were selected to participate in a research demonstration designed to test the feasibility and impact of a coordinated response to intimate partner violence that involved the courts and justice agencies in a central role. The primary goals of the Judicial Oversight Demonstration (JOD) were to increase victim safety, hold offenders accountable, and reduce repeat offending using coordinated community services and integrated justice system policies in intimate partner violence court cases. The partnerships differed from earlier coordinated community responses to domestic violence by placing special focus on the role of the court, specifically the judge, to facilitate offender accountability in collaboration with both nonprofit service providers and other criminal justice agencies. This article presents the results of an impact evaluation of this demonstration in all sites. The demonstration received mostly positive responses from justice system agencies, service providers, offenders, and victims. Improvements were made in offender monitoring, consistent sanctioning, and increased supervision. However, these changes did not translate into gains in victim perceptions of their safety or into reductions in repeat violence in all sites. Policy Implications The demonstration had minimal impact on changing offender attitudes and behavior. The mixed results of the evaluation indicate that the most effective justice system responses to intimate partner violence must include a focus on protecting victims, close monitoring of offenders, and rapid responses with penalties when violations of court‐ordered conditions are detected. Indications were found that JOD strategies were effective for some subgroups, including younger offenders with fewer ties to the victim and offenders with extensive arrest histories. The observed reductions in intimate partner violence in selected subgroups in the JOD sites may suggest a fruitful way to begin designing new intervention strategies, including prevention programs for men and women.     

The Importance of Perceptions in Restorative Justice Conferences: The Influence of Offender Personality Traits on Procedural Justice and Shaming

Research suggests that restorative justice (RJ) conferences are more just than traditional court processing due to the presence of procedural justice (PJ). These conferences also promote reintegrative shaming which, in contrast to disintegrative shaming, allows offenders to repair their ties with the community. Yet, fairness and the type of shaming experienced may depend on perceptions of the offender. We argue that the personality traits of negative emotionality and low constraint influence offenders' evaluations of the fairness of these conferences, which have implications for their experience of shaming. We test these arguments using data from a sample of 498 offenders involved in the Australian Reintegrative Shaming Experiments. Results reveal that personality traits affect perceptions of PJ and both types of shaming, and that PJ mediates these effects. The findings support the notion that RJ conferences are perceived to be procedurally just and reintegrative for certain types of offenders.     

A Family Affair: The Juvenile Court and Family Violence Cases

Little attention has been devoted to studies of adolescent family violence offending, yet research on adult populations show that victim relationship may make a difference in how offenders are treated in the criminal justice system. Given that the intergenerational transmission of violence may operate through adolescent family violence, a detailed examination of these youth is warranted. Through an analysis of detained youth in a small northeastern state, this study examines differences in court treatment between family and non-family offenders. Family violence offenders are significantly more likely to be minor offenders and to be female than are non-family offenders. Results of logistic regression show that, all else being equal, family violence youth are treated more leniently by the court than non-family offenders. Finally, while most youth are released to community dispositions, there are no differences in court-ordered family counseling between family and non-family offenders. These findings point to areas of needed research on adolescent family violence offenders and larger policy questions about how such youth should be treated relative to other youth. A previous version of this paper was presented at the 2003 Annual Meeting of the American Society of Criminology, Denver, CO.     

JUVENILE OFFENDERS MEET THEIR VICTIMS

The process of allowing certain victims of crime to confront their juvenile offender in the presence of a trained mediator to both talkabout the event andnegotiate aplan for compensating the victim is developing in a growing number of communities throughout the United States. This article reports on the impact of the victim offender mediation program in Albuquerque, New Mexico. It is based on interviews with 206 victims and juvenile offenders in Albuquerque, as well as interviews with court officials andprogram stas This program represenisa strong court and community partnership. victims and offenders whoparticipated in mediation indicated high levels of satisfaction with both the processand outcomes of mediation. Wctims who were involved in mediation, particularly, were considerably more likely to indicate satisfaction with the manner in which the juvenile justice system handled their case than were those victims who were referred to mediation but did nut participate or similar victims who were never even referred to the mediation program. Offenders who negotiated their restitution obligation with the victim were far more likely to actually complete restitution, when compared to offenders whose restitution was ordered by the court with no mediation program involvement.     

Restorative justice in prisons

Restorative justice (RJ) has found significant utility outside the prison setting. For many reasons, it has not received the same level of consideration inside the institution. While not every case can, or perhaps should be considered for restorative justice processing inside the prison, some could easily fall into the broad purview range of restorative and transformative justice. We provide examples of RJ practices that exist in some prisons focusing on: offending behavior and victim awareness programs, community service work, and victim‐offender mediation, as well as prison systems that exhibit a RJ philosophy. Also considered are the effectiveness of prison RJ practices, and the limitations of such efforts. Although RJ has the potential to have a positive impact on the work of prisons and the experience of imprisonment, it has not found wide acceptance and is currently limited to a relatively small number of prisons and then often only delivered in partial form. We believe that RJ has a realistic future in prison settings and that the contradictions that may be identified are not debilitating.     

ESTIMATING A DOSE‐RESPONSE RELATIONSHIP BETWEEN LENGTH OF STAY AND FUTURE RECIDIVISM IN SERIOUS JUVENILE OFFENDERS*

The effect of sanctions on subsequent criminal activity is of central theoretical importance in criminology. A key question for juvenile justice policy is the degree to which serious juvenile offenders respond to sanctions and/or treatment administered by the juvenile court. The policy question germane to this debate is finding the level of confinement within the juvenile justice system that maximizes the public safety and therapeutic benefits of institutional confinement. Unfortunately, research on this issue has been limited with regard to serious juvenile offenders. We use longitudinal data from a large sample of serious juvenile offenders from two large cities to 1) estimate a causal treatment effect of institutional placement, as opposed to probation, on future rate of rearrest and 2) investigate the existence of a marginal effect (i.e., benefit) for longer length of stay once the institutional placement decision had been made. We accomplish the latter by determining a dose‐response relationship between the length of stay and future rates of rearrest and self‐reported offending. The results suggest that an overall null effect of placement exists on future rates of rearrest or self‐reported offending for serious juvenile offenders. We also find that, for the group placed out of the community, it is apparent that little or no marginal benefit exists for longer lengths of stay. Theoretical, empirical, and policy issues are outlined.     

COMPARING DELINQUENCY CAREERS IN COURT RECORDS AND SELF‐REPORTS*

Most knowledge about delinquency careers is derived from official records. The main aim of this paper is to compare conclusions about delinquency careers derived from court referrals with conclusions derived from self‐reports. Data are analyzed from the Seattle Social Development Project, which is a prospective longitudinal survey of 808 youths. Annual court and self‐report data were available from age 11 to age 17 for eight offenses. The prevalence of offending increased with age, in both court referrals and self‐reports. There was a sharp increase in the prevalence of court referrals between ages 12 and 13, probably because of the reluctance of the juvenile justice system to deal with very young offenders. The individual offending frequency increased with age in self‐reports, but it stayed constant in court referrals, probably because of limitations on the annual number of referrals per offender. There was significant continuity in offending in both court referrals and self‐reports, but continuity was greater in court referrals. The concentration of offending (and the importance of chronic offenders) was greater in self‐reports. An early age of onset predicted a large number of offenses in both self‐reports and court referrals. However, an early onset predicted a high rate of offending in court referrals but not in self‐reports, possibly because very young offenders who were referred to court were an extreme group. About 37% of offenders and 3% of offenses led to a court referral. The more frequent offenders were less likely to be referred to court after each offense, but most of them were referred to court sooner or later. There was a sharp increase between ages 12 and 13 in the probability of an offender and an offense leading to a court referral. It is concluded that criminal career research based on self‐reports sometimes yields different conclusions compared with research based on official records.     

Differences in Psychosexual Development Among Child,Peer, and Mixed Juvenile Sex Offenders

Researchers have examined a number of typologies of juvenile sex offenders, including victim age. Using data from psychological evaluations and the Multiphasic Sex Inventory-II (MSI-II; [Psychological assessment of sex offenders, 2010 ]), this study compared child offenders (i.e., victims were more than 4 years younger), peer offenders (i.e., victims were 4 years younger or less), and mixed offenders (i.e., both child and peer victims) on variables including victim, offender, and offense characteristics, and psychosexual development. Peer offenders had more severe sexual offenses, prior status/nonviolent charges, and issues with sexual functioning. Mixed offenders began offending at a younger age and were indiscriminate in gender and relationship of the victim. Mixed offenders were also more likely than child and peer offenders to have prior sex offender treatment, meaning they had previously failed treatment. As juvenile sex offenders are a heterogeneous group, these research findings suggest that child offenders, peer offenders, and mixed offenders’ treatment needs differ from each other.     

Juvenile female and male sex offenders: a comparison of offender, victim, and judicial processing characteristics

This research examines 61 juvenile female sex offenders in terms of their offending patterns, demographics, and victim characteristics; these findings are compared to 122 juvenile male sex offenders. Relying on sex offender registration data and criminal history records, bivariate analyses are conducted to assess male-female differences. Logistic regression is also employed to further assess group membership (male and female). Females were typically younger than males at the time of their arrest for a sex offense. Female offenders also chose male and female victims proportionately, whereas males were more likely to choose female victims. Logistic regression analysis revealed two significant predictors of the offender's sex: victim's sex and length of sentence. This research, therefore, indicates different modalities of offense characteristics for males and females, which predicates different management strategies in terms of identification for these groups of offenders.     

SPECIALIZATION IN JUVENILE COURT CAREERS

The study of specialization in offending careers is relevant to the key theoretical issue of whether different types of offending reject only one underlying theoretical construct (such as delinquent tendency) or several different constructs. This research improves on previous studies of specialization in offending careers in three ways: (1) It is based on the complete juvenile court careers of a very large sample of offenders (nearly 70,000). (2) It uses a fine-grained classification of 21 offense types. (3) It uses a new measure of the strength of specialization, the Forward Specialization Coefficient (FSC). Both transition matrices and offending careers are studied.
The major findings from the transition matrices are (1) there was a small but significant degree of specialization in offending superimposed on a great deal of versatility: (2) the degree of specialization tended to increase with successive referrals, and this was not due to more versatile offenders dropping out: and (3) the relative extent to which offenders specialized in different offenses held for two jurisdictions (Maricopa County, Arizona, and Utah), both sexes, and all ages.
The analyses of offending careers showed that the most specialized offenses were runaway, burglary, motor vehicle theft, liquor violations, incorrigibility, curfew, truancy, and drugs. Nearly 20 percent of the offenders were identified as specialists. The conclusion is that, while offending was versatile to a first approximation, delinquency theories should attempt to explain specialization and specialists in order to yield more accurate quantitative predictions about offending careers.     

An Evaluation of Teen Court as a Juvenile Crime Diversion Program

Theories of procedural justice support the American legal system's search for a fair and effective means of diverting offenders from the juvenile court system. Teen Court programs, in which juvenile offenders are tried and sentenced by a jury of peers, are one of the latest developments in attempts to positively influence offenders and direct them free of crime. The present research found that participation in Teen Court increased offenders' legal knowledge and enhanced their attitudes toward some authority figures (i.e., the judge) and themselves to a greater extent than non‐offending juveniles. In addition, only 12.6 percent of juvenile offenders re‐offended within five months of their initial Teen Court involvement. Improved attitudes toward authority and self were associated with a lower incidence of recidivism. Overall, these results contribute to the growing literature indicating that Teen Court can be an effective juvenile crime diversion program. This article also discusses methodological issues for future program evaluations.     

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

ABSTRACT

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

Juvenile sex offenders: a complex population

Individuals who engage in sexual offending behavior represent a heterogeneous population. Recent research has found some success in categorizing sexual offenders based on a number of variables, particularly the type of victim. For example, differences have been found between those offenders who victimize adults when compared with those who victimize children. However, the research in this area has been conducted predominantly with adult samples. As the adult sex offender literature has progressed, it has become evident that risk assessment, treatment effectiveness, and risk management are dependent on such offender characteristics. Unfortunately, the relevance to juveniles of characteristics deemed to be important with adult sex offenders is limited due to the complexity of developmental processes, particularly with respect to mental disorders and personality formation. As such, the formulation and implementation of treatment and risk management strategies that will be effective with juvenile sex offenders are challenging. The goal of this paper is to review some of the complexities inherent in the juvenile sex offender population by focusing on specific areas of complication, including: classification systems, comorbid paraphilias and other mental illnesses, and maladaptive personality traits.     

Intergenerational offending in Liverpool and the north-west of England, 1850–1914

Using contemporary sources from the north-west of England in the Victorian period, the authors examine the putative connections made by contemporaries which linked together ‘bad’ parenting and the transmission of criminal traits. Poor parenting practices were a prevalent explanation for juvenile (leading onto sustained) delinquency, especially in the mid to late nineteenth century. Popular narratives by Charles Dickens and media opinion-formers were very influential in depicting neglectful mothers who did not socialise their children into law-abiding, useful members of society, and criminal fathers who inducted their children into their own criminal affairs and organisations. This article examines the reality of intergenerational offending (using prison- and court-generated data) to show that there is very little convincing research that proves direct intergenerational transmission of offending practices (i.e. parent-to-child-offending transmission). The authors then examine other possible routes of intergenerational offending using case studies and archival research, and the article concludes that environmental/socio-economic conditions and wider familial/neighbourhood relationships were, in fact, the main trigger for onset of offending, and the maintenance of criminal careers, rather than direct familial transmission. The article is therefore an important marker in understanding the processes which inhibit/generate criminality in a significant number of juvenile offenders in this period.     

Lifers on the outside: sex offenders and disintegrative shaming

This article examines the effects of labeling though informal and formal sanctions on sex offender reintegration, using qualitative analysis from a probability sample of 153 registered sex offenders in four counties in the Commonwealth of Virginia. It also provides an overview of sex offender legislation and literature. Results of the study indicate that the majority of respondents experienced negative treatment because of their status as a sex offender. Results also indicate that formal and informal sanctions are stifling opportunities for sex offenders to be fully reintegrated into society and that treatment programs are not as effective as they could be. Implications for sex offender policy and further research are discussed.     

The effect of transfer mechanism from juvenile court on conviction on a target offense in criminal court

The question of whether juvenile offenders should be handled in criminal court has been addressed by a number of studies. However, few have examined the effectiveness of the type of transfer mechanism and how it relates to protecting the public. Whether the mechanism used to transfer juvenile offenders to criminal court has any effect on the likelihood of being convicted of a target offense criminal court is examined here. It was found that the juveniles sampled in this study had a greater chance of being convicted on their target offense in criminal court if they were sent there via judicial waiver than if they were excluded from juvenile court jurisdiction by statute.