Successful Restitution as a Predictor of Juvenile Recidivism

Abstract This is an evaluative study of a juvenile probationary project in which youth are ordered to pay restitution as a term of probation and, to assure them means of compliance, the juvenile court arranges for and supplies their employment. Demographic variables (age and sex) and court-related variables (plea, length of probation, amount of restitution ordered, and amount and proportion actually paid) are examined in relation to one another and, most important, in relation to recidivism as measured by subsequent law violations for which the offender was investigated, and subsequent law violations that resulted in formal charges against the youth. The data demonstrate that recidivism is related to severity of the initial offense, but more important, it is related to the youth's success in achieving the restitution goal. Successful compliance with the restitution order, when success is measured by amount of restitution paid relative to the amount ordered by the court, is significantly related to revocation of probation, time given to pay, amount ordered to be paid, and subsequent offenses charged. Indeed, the proportion of restitution paid is the most important predictor of recidivism. The data reinforce the dominant legislative position that an offender's ability to pay must be taken into account in ordering restitution.     

Revivification of rehabilitation: Evidence from the 1980s

We reviewed the offender rehabilitation literature for the period 1981–87 and assessed the following types of interventions: biomedical, diversion, early/family intervention, education, getting tough, individual differences, parole/probation, restitution, and work. We evaluated treatments applied to specific subgroups of offender populations: sexual offenders, substance abusers, and violent offenders. The hypothesis that the “nothing works” credo has had a pervasive influence and has suppressed the rehabilitative agenda was not borne out when we examined the number and variety of successfully reported attempts at reducing delinquent behavior. In fact, the rehabilitative literature is growing at a noticeable rate; moreover, it suggests several strategies for developing more effective programs. Finally, we speculated why the “nothing works” doctrine continues to receive support in spite of empirical evidence to the contrary.     

The impact of extralegal factors on perceived credibility of child victims of sexual assault

ABSTRACT

The study examined the impact of victim age, victim gender, and perpetrator gender, across five domains of witness credibility: accuracy, believability, competency, reliability and truthfulness. The study also investigated which of these sub-constructs is the best predictor of guilt. 231 adult lay-people completed a survey measuring perceived credibility. Victim age emerged as having the most consistent effect, with the 5- and 10-year-old victims rated as more credible than the 15-year-old victim. Despite their legal incapacity to consent to sex, 15-year-old victims appear to be viewed as ‘quasi-adults’. Victims were rated as more accurate and truthful when the defendant was male compared to when the defendant was female. This may be due to the availability heuristic, as cases involving female defendants are less common. A significant main effect for victim gender was found for the competency sub-construct, such that males were rated as more competent than females. This result suggests that gendered attitudes and stereotypes may begin in childhood and extend to complainants of sexual assault. Main effects for accuracy and truthfulness, were qualified by three-way interaction effects. The five-factor model of perceived credibility accounted for 42% of variance in guilt perceptions, with truthfulness emerging as the strongest predictor of guilt.     

Victim cooperation and the prosecution of domestic violence in a specialized court

We address the role of victim cooperation in the prosecution of domestic violence cases in a specialized court in Toronto, Canada. We first examine what factors predict whether a case will proceed to prosecution. We find that, even in a court designed to minimize reliance on victim cooperation through the use of other types of evidence, when prosecutors perceive a victim to be cooperative, the odds that a case will be prosecuted are seven times higher than if a victim is not perceived to be cooperative. In the second part of our analysis, where we seek to determine the correlates of victim cooperation, we find that the two most important determinants of victim cooperation are the availability of videotaped testimony and meetings between victims and victim/witness assistance workers. We discuss the implications of these findings for future research and policy.     

Employing mixed methods to explore motivational patterns of repeat sex offenders

PurposeUnderstanding the motivation of sex offenders plays a key role in societal perception of victim culpability and offender responsibility. This study identified patterns of offender motivation, assessed motivation stability across offenses, and estimated the influence of offense/victim specific factors on motivation in comparison to offender factors.MethodsEmploying mixed-methods sequential explanatory research design, the study utilized confirmatory factor analysis (CFA) to identify motivational factors underlying 346 crime events. Second, motivation stability was assessed across offenses committed by 69 offenders. Finally, interview data were reviewed to assess whether offender types emerged corresponding to CFA results.ResultsA motivational typology was identified comprised of five offender groupings built upon two underlying constructs, one driven by sexual gratification and the other linked to anger/aggression. Minimal change in motivation was observed across offenses committed by the same offender against different victims. Offense/victim specific influence (22-23%) and offender related influence (77-78%) were similarly distributed with both sexual and anger-driven motivation.ConclusionsMotivation plays a key role in offending. Offense/victim specific factors have similar proportional influence on crime motivation in comparison to offender factors irrespective of the type of motivation. Contrary to popular public perception, victim blame is not warranted regardless of what motivates offenders.     

Credibility of the emotional witness: A study of ratings by police investigators

Abstract

Credibility judgments by police investigators were examined. Sixty-nine investigators viewed one of three video-recorded versions of a rape victim's statement where the role was played by a professional actress. The statements were given in a free recall manner with identical wording, but differing in the emotions displayed, termed congruent, neutral and incongruent emotional expressions. Results showed that emotions displayed by the rape victim affected police officers’ judgments of credibility. The victim was judged as most credible when crying and showing despair, and less credible when being neutral or expressing more positive emotions. This result indicates stereotypic beliefs about rape victim behavior among police officers, similar to those found for lay persons. Results are discussed in terms of professional expertise.     

The relationship between psychopathy and moral development in young sex offenders

Abstract

This study examined the relationship between psychopathic traits and moral development (moral judgement and empathy) in 85 Dutch male sex offenders between 13 and 23 years of age. Questions were asked about general life situations, sexual situations with morally relevant features, and questions about the offender's own abuse victim. A weak negative association was found between psychopathy and mature moral judgement, but only when questions involved the offender's own abuse victim. Weak to moderate negative associations were found between psychopathy and cognitive and affective empathy in general and sexual situations, but not in the own abuse victim situations. Further analysis revealed moderate negative associations between psychopathy and affective empathy in the own abuse victim situations, but only when an unfamiliar victim was involved. This is the first study, to our knowledge, showing that juvenile sex offenders with high levels of psychopathy have context-specific moral deficits, and that in this group both cognitive and affective empathy are related to psychopathy.     

A comparison of programmatic and ‘ad hoc’ restitution in juvenile courts

“Programmatic” and “ad hoc” approaches to restitution can be distinguished by the fact that the former usually involves a full-fledged restitution program with counselors or case workers who are responsible for liaison with victims, documentation of victim losses, development of restitution recommendations as part of the pre-sentence investigation, and implementation and monitoring of the restitution requirements. In an “ad hoc” approach, restitution is ordered on a relatively infrequent basis and, when ordered, it tends to be viewed as a relatively minor part of the probationary requirements, with little or no assistance given to either victims or offenders.

The findings in this study show, first, that a programmatic, as compared to an ad hoc, approach to restitution in Dane County, Wisconsin clearly increased the likelihood that juveniles would repay victims and increased the amount of restitution. The second finding is that juveniles who completed their restitution requirements were less likely to reoffend than were youths who did not complete their restitution. A multiple regression analysis indicated that this effect was probably independent of other factors.*** Funding for this research was provided by Grant Nos. 77-NI-99-0005, 79-JN-AX-0009, and 82-JS-AX-0025 from the Office of Justice Administration and Research, National Institute of Juvenile Justice, Department of Justice, Washington, D.C. to the Institute of Policy Analysis, Eugene, Oregon. Points of view or opinions stated in this document are those of the authors, and do not necessarily represent the official position or policies of the Department of Justice.      

Police Response to Crime

Abstract

Based on victim accounts provided by the National Crime Victimization Survey from 1992 to 1999, this paper examines issues related to police responses to reported incidents of assault, robbery, and rape. The primary goal was to determine the extent to which victim and offender race influence police responsiveness at various stages of the criminal justice system. The data indicate that overall, police exert more effort when victims are white. They arrive faster at the scene of the crime, and demonstrate more follow-up effort after the crime has taken place. However, they do not exert more, or less effort, during their initial visit to the crime scene, when there is proximate contact with the victims. This suggests that contextual factors may affect the penchant for discrimination. This relationship held even after controlling for other factors such as poverty, weapon use, injury to the victim, and location.     

Introduction

Abstract

To date, no published research has examined the role played by race and ethnicity in revocation decision-making, despite the fact that revocation of community supervision is a source of substantial admissions to prison. Using a large cohort of subjects sentenced to felony probation in a large south central state, we conduct main and indirect effects analyses to test the hypothesis that odds of revocation will be highest for those offenders who are young, male, black or Hispanic, and unemployed. Results coincide with outcomes of recent studies that focus on the interaction of race, age and gender: That harsher penalties attach to individuals who are young, male, and black. In most analyses, Hispanics fared no differently than whites. A further finding is the discounted value of employment for young black males, who received harsher treatment than unemployed white counterparts. The article identifies several directions for investigation of the low value assigned to employment by this group of offenders.     

Predicting Probationer Rates of Reincarceration Using Dynamic Factors from the Substance Abuse Questionnaire-Adult Probation III (SAQ-Adult Probation III)

Individuals incarcerated for violating the terms of their probation constitute a large portion of the prison population. Intervention programs designed to rehabilitate probationers have the potential to reduce prison populations and moderate the costs associated with incarceration. Unlike previous research, which has focused on demographic and static characteristics, the present study examined dynamic factors as predictors of probation revocation, as they may be more amenable to rehabilitation. The sample was comprised of 8,310 adult probationers and used scores from the SAQ-Adult Probation III. Poisson regression analyses showed that three dynamic factors, violence, antisocial behavior, and stress risk were positively related to the number of lifetime probation revocations. These results are discussed in light of potential rehabilitative benefits.     

OFFENDER–VICTIM INTERACTION AND CRIME EVENT OUTCOMES: MODUS OPERANDI AND VICTIM EFFECTS ON THE RISK OF INTRUSIVE SEXUAL OFFENSES AGAINST CHILDREN*

Criminological research has shown the relevance of examining offender–victim interaction and related factors to understand crime event outcomes. In sexual offenses against children, an obvious lack of knowledge exists regarding this issue. From a criminological perspective, we seek to improve our understanding of the offender–victim interaction in sexual offenses against children and, in particular, what factors might increase the risk of a more intrusive offense. We argue that modus operandi strategies play a central role in crime event outcomes and examine this hypothesis with data obtained from a semistructured interview conducted with offenders. As expected, modus operandi was found to have a strong effect on crime event outcomes, especially victim participation during sexual episodes. Victim effects also emerged from the analyses. Specifically, a strong interaction effect between age and gender of the victim was found for victim participation, which suggests that as the victim gets older, offenders are more likely to make their victim participate in sexual episodes when abusing a male victim but are less likely to do so when abusing a female victim.     

The association between the offender–victim relationship,severity of offence and attribution of blame in mentally disordered offenders

Abstract

The aim of this research was to investigate the association between the offender–victim relationship, severity of violence and attribution of blame for a violent act. Data were collected from 65 male psychiatric inpatients from two secure units. Participants were divided into three groups according to how well they knew their victim: victim well-known, victim acquaintance and victim stranger. Violent acts were further ranked according to offence severity. Participants were administered the Quick Test (QT) and the Gudjonsson Blame Attribution Inventory (GBAI). Although there was a trend towards higher guilt attributions when the victim was well-known to the perpetrator, this relationship was complicated by the severity of the violent act. The most severe ranking of offence (i.e. murder/manslaughter) was most common in the offender group who knew their victim well. Furthermore, guilt-feeling attributions were highest in the most severe ranking of offence. The implications of these findings for assessment and intervention programmes are considered.     

Attributions of responsibility,blame and justifiability to a perpetrator and victim in an acquaintance rape scenario: the influence of Marijuana intoxication

Abstract

Marijuana is a commonly used illicit drug by young adults and has been implicated in about one third of sexual assaults. However, the influence of Marijuana intoxication on rape attributions has not been previously investigated. This study examined the effects of perpetrator and victim Marijuana intoxication and participant sex on rape attributions. Young adults (N = 285) read an acquaintance rape scenario where Marijuana intoxication was manipulated and completed measures of perpetrator (responsibility, blame and justifiability) and victim attributions (responsibility and blame). The results revealed that an intoxicated, compared to sober, perpetrator was attributed less responsibility for his sexual aggression. When the victim was intoxicated, compared to sober, the perpetrator and victim were attributed less and more blame for the assault, respectively. These findings demonstrate that, irrespective of perceiver sex, Marijuana intoxication, like alcohol intoxication, results in an attributional double standard in favour of the perpetrator.     

Comparing the Effects of Treatment on Female Juvenile Gang and Non-Gang Members

Abstract

Most research indicates that males comprise the greatest proportion of gang members. Since the 1990s, however, there has been an increasing interest in female gangs and gang members. The current study builds on this research interest by examining differences between female gang members and non-gang members who participated in a juvenile probation program designed to identify and intervene with youth considered to be high risk for subsequent criminal and delinquent activity. The results of a logistic regression analysis revealed that two factors significantly influenced a female offender's likelihood of being rearrested: she did not complete the program, and she did not live with her natural parent(s). We conclude that the significant results do support findings from previous research in this area; we also discuss possible explanations as to why other factors were not significantly related to rearrests.     

Consequences of restitution

A group of 419 adult property offenders granted probation and ordered to repay their victims for the direct monetary losses or property damage incurred as a result of their crime were matched on 28 variables to a group of 179 offenders who were not ordered to pay restitution to their victims. Compared to those not ordered to repay their victims, the offenders ordered to pay restitution had a more difficult probation experience, having more revocations filed against them and showing a greater frequency of reporting, physical health, and money problems. No difference in arrest rate or time on probation was discovered. Those offenders ordered to pay restitution but who did not pay in full had the greatest problems of all, showing the highest revocation filing and actual revocation rate, rate of convictions, and time served. Payment characteristics were described for offenders who paid all, part, or none of their restitution debt by probation's end. It was suggested that closer probation officer scrutiny of offenders ordered to pay restitution may have accounted for the more difficult experience of the restitution group and that cost of administration of restitution programs may not be worth the benefits.This research was funded in part by grant No. 76-ED-99-0027 from the Law Enforcement Assistance Administration. Special thanks are given the directors of Denver District Court Probation, without whose permission to enter the probation archives, and without whose day-to-day cooperation, this study would have been impossible.     

Gender effects in eyewitness accounts of a violent crime

Abstract

This research examined two aspects of gender effects in eyewitness accounts: whether there are gender differences in memory for a violent crime and how gender of perpetrator/victim affect witnesses' evaluations of perpetrator/victim behavior. Eighty male and 84 female university students saw a film showing a simulated manslaughter with either a male or female perpetrator stabbing a male or female victim. A female advantage was found in overall memory of the crime, and both a male perpetrator and a male victim were assigned more culpability than their female counterparts. It is suggested that females may have more elaborated categories for person information than males, which should facilitate female accuracy in person memory. Alternatively, the present findings may reflect a more general female advantage in episodic memory performance. Stereotype assimilation is suggested to account for the differential evaluations of a male and female perpetrator/victim.     

The Role of Victim-Related Factors in Victim Restitution: A Multi-Method Analysis of Restitution in Pennsylvania

Mandatory statutes do not always produce change, but a 1995 Pennsylvania statutory change making restitution mandatory dramatically increased the proportion of cases in which restitution was imposed. There are three possible reasons for this generally successful implementation: (a) judges agreed with the victim-centered goals of the statute, (b) there were mechanisms in place to implement the goals of assisting victims, and (c) there was a context supportive of victims that made it easier to follow the law. Two studies investigated these possible explanations. First, a statewide survey of trial court judges suggested that they agreed with the statute's goals of compensating victims. Second, hierarchical logistic models of 55,119 statewide restitution-eligible decisions indicated that a victim-related contextual factor, the nature and location of the victim/witness assistance office, was significantly related to the imposition of restitution, although a more general contextual factor relating to funding for victim programs had only small effects.     

Insanity plea: Relationship to victim and defendents

Conclusion The results of this analogue study clearly indicate that subjects' attitudes toward defendants, as measured by the type of disposition selected are influenced by their relationship to either the victim or the defendant with the most liberal alternatives occurring when the defendant is a relative and the most harsh alternatives chose when the victim of the crime is a relative. Although the present study was concermed with the insanity plea, it seems probables that similar findings might also transpire when other controversial matters in the criminal justice system as investigated, such as probation, parole, and mandatory jail sentences for persons convicted of driving under the influence.