Transience and the disposition of theft cases in China

This research examines the relationship between transience and the disposition of criminal cases in an inquisitorial system. We describe the distinctive features of socialist legal theories, the justice process, and recent structural changes in China. The results of multivariate tobit analyses for a sample of court cases involving theft in China reveal that defendants' residency status has significant effects on pretrial detention, but not on sentencing outcomes. Further analyses of the possible conditional effect of offenders' residency status on case processing reveal that extralegal factors are weighed more heavily in detention decisions for transients, while legal factors are considered more strongly for residents. Pretrial detention influences sentencing outcomes, but only for transients. Policy implications and recommendations are discussed.     

The Effect of Race on Juvenile Justice Processing

Studies concerning differential treatment of minority youths in the juvenile justice system have not provided conclusive evidence. However, previous literature has revealed methodological problems which may account for the inconsistency among previous studies. Multi-stage design, adequate control of legal and non-legal variables, and refined measurement of social variables have been demonstrated as crucial elements in resolving the inconclusiveness in previous studies. The purpose of this study is to employ these approaches to detect case-handling bias at three stages of juvenile justice processing: detention, adjudication, and disposition. Data were obtained from juvenile cases reported to the Ohio trial court in 1989. A total of 2,334 court cases were randomly sampled from 17 Ohio counties. Research findings showed a differential treatment of minority juveniles at the detention stage. Further, detention status was also found to have an increasing impact at the two subsequent decision points.     

Detention Patterns of Successful and Unsuccessful Insanity Defendants

This study examines the detention patterns of the insanity defendant who is successful with the plea and hospitalized, or unsuccessful and incarcerated. Further comparisons are made with felony defendants who never entered a plea of not guilty by reason of insanity (NGRI). From existing data it is unclear to what extent detention may vary if the plea is successful as compared to if it is not successful. Of all defendants who entered a plea of NGRI in Erie County, New York (Buffalo) between 1970 and 1980, 128 were institutionalized as a result of their disposition. Sociodemographic, institutionalization histories, arrest, and disposition information were collected and analyzed for all 128 individuals. The research evaluates differences in the likelihood and length of either institutionalization or incarceration and in the rates of release between successful NGRI defendants, those who entered the plea unsuccessfully, and those who did not plead NGRI. From the findings reported here the authors conclude that pleading NGRI in Eric County may not be quite as advantageous for a defendant as commonly is believed.     

Institutionalizing inequality in the courts: Decomposing racial and ethnic disparities in detention,conviction, and sentencing*

A significant body of literature has examined racial and ethnic inequalities in sentencing, focusing on how individual court actors make decisions, but fewer scholars have examined whether disparities are institutionalized through legal case factors. After finding racial and ethnic inequalities in pretrial detention, conviction, and incarceration based on 4 years of felony court data (N = 83,924) from Miami-Dade County, we estimate nonlinear decomposition models to examine how much of the inequalities are explained by differences in criminal history, charging, and for conviction and incarceration, pretrial detention. Results suggest that inequality is greatest between White non-Latinos and Black Latinos, followed by White non-Latinos and Black non-Latinos, ranging from 4 to more than 8 percentage points difference in the probability of pretrial detention, 7–13 points difference in conviction, 5–6 points in prison, and 4–10 points difference in jail. We find few differences between White non-Latinos and White Latinos. Between half and three-quarters of the inequality in pretrial detention, conviction, and prison sentences between White non-Latino and Black people is explained through legal case factors. Our findings indicate that inequality is, in part, institutionalized through legal case factors, suggesting these factors are not “race neutral” but instead racialized and contribute to inequalities in court outcomes.     

Juvenile detention: The hidden closets revisited

This is the first national study of juvenile detention in more than a decade. The findings indicate that these facilities are undergoing a fundamental and substantial change. The consensus of professional opinion as well as recommendations from national standard-setting bodies indicate that juvenile detention centers should be reserved for those youth who present a clear and substantial threat to the community and who need to be confined until they appear in court. Now these facilities are assuming an added function by serving as short-term commitment options for juvenile court judges. In addition, the study found that the excessive use of detention continues to be a major problem.     

The processing and disposition of incompetent mentally ill offenders

Pretrial hospitalization of mentally ill offenders has been increasing in recent years and a number of abuses have been noted with respect to competency to stand trial. This is a report on 431 male felony defendants who were found incompetent to stand trial, hospitalized, and returned to court for a final disposition. Approximately one-half of those brought back to the court gained release to the community, with one-half continuing to be held in a hospital or a prison, and with 70% continuing in treatment in one setting or another. Disposition was significantly related to race, criminal history, severity of charges, and the recommendations of mental health professionals. Offenders were found to have spent unnecessarily long periods of time in jail and in the hospital awaiting court processing, raising questions about the fairness and efficiency of current procedures.     

‘Substantial and Radical Change’: A New Dawn for Scottish Criminal Procedure?

This paper discusses the recommendations of the Carloway Review, which was established to review law and practice in criminal cases following the introduction in Scotland of a right to legal assistance during detention. A number of recommendations are made in the Review, including the introduction of stricter time limits governing the detention of suspects, the removal of the corroboration requirement, the rejection of adverse inference provisions, and a change in the manner in which the appeal court deals with cases referred to it by the Scottish Criminal Cases Review Commission. It is argued that while some of these recommendations are to be applauded, others are poorly reasoned and some may lead to a dangerous reduction in protection against wrongful conviction.     

Factors related to recidivism for youthful offenders

Little is known about youth who were previously placed in a detention facility and what factors predict a subsequent recidivism to placement. This study of a two-county juvenile offender population (one urban and one rural) investigates what demographic, educational, mental health, substance dependence, and court-related variables predict recidivism to detention placement. Findings from logistic regression analysis indicate that seven variables significantly predict juvenile offenders’ recidivism placement, some expected and some unexpected. Predictors that made recidivism more likely include youth with a previous conduct disorder diagnosis, a self-reported previous suicide attempt, age, and number of court offenses. Conversely, predictors that made recidivism less likely include race (Caucasian), a previous attention-deficit hyperactivity disorder diagnosis, and a misdemeanor conviction. These findings indicate that the use of a community-based suicide and mental health screening and referral approach may help to identify and assist these high-risk youth in receiving needed services prior to juvenile court involvement or during delinquency adjudication.     

Significant Gender Differences in Factors Related to the Detention of Youthful Offenders

An important priority of the U.S. juvenile justice system is to reduce the number of youthful offenders who are placed into secure detention placement. Though significant research examining these predictors exists, there is limited analysis of gender-specific predictors. Using existing juvenile court and mental health assessment case records of 433 youthful offenders from two Midwestern U.S. counties, this study sought to identify separately for males and females the legal (including number of delinquency adjudications, age at first delinquency adjudication, number of court offenses, and type of offense) and extralegal (including demographic, maltreatment, mental health, and school-related disabilities) factors that impact recidivism to detention placement. Multivariate logistic regression analyses revealed that the predictors of recidivism leading to repeat secure detention placement were indeed different for males and females, although there were some shared predictors. For both genders, the number of court offenses and having a previous suicide attempt were significant predictors. In addition, for females, having a diagnosis of attention-deficit/hyperactivity disorder and a misdemeanor offense were protective against recidivism. For males, three other variables significantly predicted recidivism: age, race, and a conduct disorder diagnosis.     

PRETRIAL RELEASE AND BAIL DECISIONS

This study examines the relative effects of a number of legal and extralegal factors on (1) the decision to release on recognizance and (2) the decision on amount of money bail. Social science research on these issues has been sparse compared to that on other phases of the criminal justice process. Findings from a regression analysis show that the first step of the bond disposition process, the recognizance decision, is influenced by several factors. The demeanor of defendants in open court is the most important. Net of other influences, good demeanor increases the probability of release on recognizance by 34.8%. In cases where recognizance is denied, only two variables are related significantly to the amount of money bond. Net of other influences, a felony offense (as opposed to a misdemeanor) increases predicted bail by $2300, and poor demeanor increases the predicted bail required by $1600.     

CHILD CUSTODY EVALUATIONS

Judicial and legal changes in divorce rules and precedents over the last two decades have led to increasing involvement by mental health professionals in child custody disputes. This involvement usually entails an evaluation of the child and parents, along with a recommendation to the court regarding custody. To date, there is little empirical evidence supporting the efficacy of methods typically used by professionals in making recommendations to the court. This article presents a review of assessment methods currently used in resolving child custody disputes. It also reviews the limited number of outcome studies on child custody evaluation and methods used in litigation and mediation.     

Juvenile Court Context and Detention Decisions: Reconsidering the Role of Race,Ethnicity, and Community Characteristics in Juvenile Court Processes

The relationship between race/ethnicity, community dynamics, and juvenile court processes has long been established. Prior research has relied on city‐ or county‐level measures of community characteristics (e.g., racial composition, poverty) to examine how racial groups are processed within juvenile courts. To date, no study has utilized finer scale measures of geographic areas to examine how characteristics of juveniles’ communities impact court decisions. By utilizing official juvenile court data from a city in the southwest, this study draws upon attribution theory to examine how economic and crime community‐level measures directly and indirectly influence detention outcomes. Findings reveal that the effect of race and ethnicity in detention outcomes varies across communities, and the effect of ethnicity in detention decisions is mediated by economic community‐level measures. The theoretical and policy implications of the study findings are discussed.     

Long-term cost effectiveness of addiction treatment for criminal offenders

This paper extends previous research that performed a cost-effectiveness analysis (CEA) of the Amity in-prison therapeutic community (TC) and Vista aftercare programs for criminal offenders in southern California. To assess the impact of treatment over time for this unique sample of criminal offenders, a 5-year follow-up CEA was performed to compare the cost of an offender's treatment—starting with the in-prison TC program and including any community-based treatment received post-parole—and the effectiveness of treatment in terms of days reincarcerated. The average cost of addiction treatment over the baseline and 5-year follow-up period was $7,041 for the Amity group and $1,731 for the control group. The additional investment of $5,311 in treatment yielded 81 fewer incarceration days (13%) among Amity participants relative to controls—a cost-effectiveness ratio of $65. When considering the average daily cost of incarceration in California ($72), these results suggest that offering treatment in prison and then directing offenders into community-based aftercare treatment is cost-effective policy tool.     

THE CONCEPTUALIZATION OF DISCRIMINATION IN THE JUVENILE JUSTICE PROCESS: THE IMPACT OF ADMINISTRATIVE FACTORS AND SCREENING DECISIONS ON JUVENILE COURT DISPOSITIONS

Research on race, sex, and social class discrimination in the juvenile justice process has yielded mixed results. These conflicting findings have been attributed to the use of diverse research strategies and various methodological shortcomings. There are, however, two potentially important issues that have not been previously addressed: the need to examine the juvenile justice system as a process, rather than as a series of separate and unrelated decision points, and the failure to control for the impact of administrative factors such as pretrial detention. The purpose of the research reported here is to examine the impact of race, sex, and social class on juvenile court dispositions while controlling for pretrial detention and appropriate legal factors. The analytical strategy employed permits an examination of the impact of these factors over three stages of the juvenile justice process: referral, adjudication, and disposition.
Findings indicate that while legal factors and pretrial detention decline in importance as predictors of disposition as one moves from an examination of all referred to adjudicated youth, race and social class become more important. These results are discussed in terms of their methodological significance and their implications for the conceptualization of discrimination in the juvenile justice process.     

Official standards versus actual criteria in bond dispositions

The setting of bond in a first appearance court in one southeastern judicial district was examined to determine its relationship with official standards based on the recommendations of the American Bar Association advisory committee on standards for criminal justice and the National Advisory Commission on Criminal Justice Standards and Goals. Eighteen measures of five different recommended standards were considered. Only seriousness of charge showed apparent strength in its relationship with bond. The authors suggest a “facility hypothesis” (that court officials gravitated toward factors such as seriousness of charge) that may be readily processed and understood within constraints of time and organization. As added support for this hypothesis, defendants' demeanor in court is also shown to be significantly related to bond in the present study. These legal and personal criteria may be more identified as indicators of defendants' culpability than many other considerations recommended by the study commissions. Use of other official recommendations may require changes in the concepts of defendants held by court personnel or drastic changes in the organization of first appearance in court.     

The Effects of Legal and Extralegal Factors on Detention Decisions in US District Courts

The Bail Reform Act of 1984 changed the law dictating release and detention decisions in federal court. Since its passage, few studies have examined judicial decision-making in this context. Legal research enables us to account for the structure and interpretation of federal detention laws and to analyze previously neglected measures of legal factors in our analyses. We use US Sentencing Commission data on a sample of defendants who were sentenced in 2007 (N?=?31,043). We find that legal factors—particularly length of criminal history, having committed a violent or otherwise serious offense, and having committed the offense while under supervision of the criminal justice system—have the strongest relationships with the presentence detention outcome. A defendant’s age, race, and ethnicity have weaker relationships with detention. When we compare defendants who are similarly situated with respect to legal factors, the probability of detention is similar regardless of age, race, and ethnicity.     

Criminal and civil community-based "detention": some parallels

Over the last 20 years, governments in Australia and elsewhere have increasingly embraced the notion of community-based treatment of the mentally ill in preference to detention in a mental health facility. At the same time, governments have also embraced the notion of community-based treatment and punishment of criminal offenders in preference to detention in a custodial facility. This article examines the use of Community Treatment Orders (CTOs) within the Victorian mental health regime, and the use of Intensive Correction Orders (ICOs) within the Victorian criminal justice regime. It is argued that a number of striking similarities can be found in the respective legislative schemes and policy considerations.     

Psychological models of mental disorder, human rights, and compulsory mental health care in the community

Recent amendments to the 1983 Mental Health Act in the UK (Mental Health Act 2007) include the controversial provision for: “supervised treatment in the community for suitable patients following an initial period of detention and treatment in hospital”. This provision is widespread, and more formal, in other English-speaking jurisdictions. Reviews of the international literature, human rights considerations and the perspective of psychological approaches to mental health care suggest that proposed ‘supervised community treatment orders’ are valuable, lawful, and compatible with the European Convention on Human Rights if certain specific conditions are met. Provisions for ‘supervised community treatment orders’ in the UK should be supported, but with the provisos that: the powers of the Mental Health Act are limited as in Scotland, to persons whose “ability to make decisions about the provision of [care] is significantly impaired”, that each order is time-limited and subject to review by a properly constituted Tribunal, and that the use of such orders should represent a benefit to people in terms of more appropriate treatment, or be a least restrictive alternative, or better preserve the person's private and family life.     

A Clinical-Corrections Approach: The Failure of a Residential Juvenile Delinquency Treatment Center

Abstract With the incidence of violent juvenile crime and the increasingly limited funds for residential treatment of the adolescent offender, one court jurisdiction (16th Judicial Circuit, Kane County, Illinois) attempted to develop and administer its own residential treatment facility within the walls of its detention facility. This article documents the problems encountered in this endeavor and provides recommendations for other jurisdictions which might be tempted to try to balance the fiscal and rehabilitative demands of this growing population by administering their own residential treatment facilities. The problems addressed in this article pertain to the following areas of difficulty: developing a therapeutic milieu; attracting, training, and evaluating a competent child care staff; and implementing a consistent philosophy of change designed to drive all decision-making within the center.     

Psychiatric assessment after every six years of the TBS order in the Netherlands

Protecting the public from dangerous mentally ill offenders is an important issue in may countries. The UK, Scotland and Germany for example are looking for new ways to deal with this issue and some have looked at the Dutch system of first sending the offender to prison for a number of years and then for treatment to a secure clinical facility. Dutch law uses the term TBS: detention at the government's pleasure. Legal rights of the patient under the TBS-order are protected by regular evaluations to help the court determine if the patient still poses a danger to society. These evaluations take place every two years, at the end of each extension period. Every six years an extra assessment by independent experts is obligatory. In this same period other types of assessment occur too, such as for transferral to a long-stay unit. A complicated succession of experts may visit the patient, asking the same questions and using the same files, distracting his or her attention and motivation from the treatment process. This system is threatened by the qualitative and quantitative scarcity of properly qualified experts. Measures have been taken to counteract these difficulties, but will they suffice?