Violence risk and gang affiliation in youth offenders: a recidivism study

Abstract

Youth gangs are ubiquitous around the world and have been problematic for the social and criminal justice agencies. Despite widespread public concern, there has been relatively scarce empirical scrutiny of youth gangs internationally and little outside of America and Europe. In particular, the activities of youth gangs, the function of gang membership, the criminogenic needs of gang-affiliated youth, and the risk of criminal recidivism for gang-affiliated youth remain unclear. Against this background, this study explored the sociodemographic characteristics, risk and rate of criminal recidivism in a cohort of 165 male youth offenders in Singapore, of which 58 were gang-affiliated. Multivariate analyses revealed that gang-affiliated youth offenders were significantly more likely to have histories of substance use, weapon use and violence than nongang-affiliated youth offenders. Gang-affiliated offenders also scored higher on measures of risk for recidivism (SAVRY and YLS/CMI), and engaged in violent and other criminal behaviors more frequently during follow-up. These differences indicate a significant relationship between gang affiliation and criminal recidivism in youth offenders. Furthermore, these findings have important clinical and policy implications, indicating an increased requirement for additional and more intensive assessment and tailored interventions for gang-affiliated youth offenders.     

Criminogenic need and women offenders: A critique of the literature

Purpose . This paper considers the criminogenic needs of women offenders, raising the question of whether there may be women‐specific criminogenic needs. Arguments . The risk‐needs model of offending has become increasingly influential in both research and practice. Simply, the risk–needs model holds that some aspects of an individual's functioning are risk factors for offending. The distinction can be drawn between static and dynamic risk factors: the former are historical, the latter reflect current functioning and are amenable to change. These dynamic attributes linked to offending – such as financial status, emotional problems, and substance use – are referred to as criminogenic needs. Needs assessment instruments, such as the Level of Service Inventory‐Revised (LSI‐R; Andrews & Bonta, 1995 ) have been developed to assess criminogenic need and predict risk of offending. Much of the research informing the risk–needs model has been carried out with male offenders, leading to questions about the criminogenic needs of women offenders and whether there may be women‐specific criminogenic needs. Conclusion . An overview of typical criminogenic needs, as assessed by the LSI‐R, suggests that there are probably common needs for male and female offenders. A common need does not imply that aetiology or level of importance of that need is the same for men and women, while some events, such as physical and sexual abuse, are arguably criminogenic needs for women. The implications for practice and research of understanding more about women‐specific criminogenic needs are considered.     

Young people with cognitive disabilities and overrepresentation in the criminal justice system: service provider perspectives on policing

Young people with cognitive disabilities (YPWCD) are overrepresented as offenders in the criminal justice system. However, most existing research on this topic examines overrepresentation in courts and corrections rather than at the police gatekeeping stage of the criminal justice process. Furthermore, while the views of other groups have been documented, the perspectives of service providers – who often bear witness to YPWCD’s interactions with police – have yet to be examined. This research addresses this gap by analysing qualitative interviews with service providers from Queensland, Australia, using the three most common theoretical explanations for the overrepresentation of PWCD (the susceptibility, differential treatment and psychosocial disadvantage theses) as an analytic framework. A number of implications emerged from the study. There is a need to take a critical and intersectional lens to YPWCD’s experiences, as well as to equip police to work with YPWCD to de-escalate interactions with this group.     

MDS use with crime scene data replicates poorly: response to Goodwill,Alison, and Humann (this issue) and Davis (this issue)

Abstract

Examinations of treatment attrition form an important – although sometimes neglected – component of evaluating a correctional programme's effectiveness in reducing recidivism. Previous research has identified offender characteristics that predict non-completion. This study investigated non-completion in 138 high-risk, violent male prisoners attending an intensive cognitive–behavioural programme. Almost one-third of men who commenced it did not complete the 7-month programme. Most asked to leave of their own accord, or were removed for ongoing offending. In contrast to previous research, no support was found for the hypothesis that those who terminated treatment prematurely were more in need of intervention than those who completed the programme; non-completers did not differ from completers on static estimates of criminal risk, PCL-R scores, demographic variables or self-report scales measuring dynamic risk factors. It was concluded that successful prediction using variables related to criminal risk and criminogenic need depends both on the characteristics of programme participants, and on contextual factors such as programme policies: when high-risk high needs offenders are a programme's target clientele, variables related to risk and need will have limited predictive utility. From a practice perspective, the programme was successful in retaining through to completion a relatively untreatable group: high-risk offenders with moderate to high PCL-R scores.     

Judges who drive under the influence of alcohol: ethical implications and the role of restorative justice measures to balance judicial duty and societal expectations

Judges across the US have been charged or convicted of driving while intoxicated, yet many judges are allowed to continue to practice despite their criminal act(s). The issue becomes not only a societal issue, but also an ethical and professional one which impacts the individual criminal justice practitioner and criminal justice agencies. Duty to judicial and social expectations informs an argument regarding ethical theories: deontology and utilitarianism. Solutions include an examination of restorative justice measures such as: a balance of service to the community such as participating in victim-offender mediation and victim-offender panels as the offender, and completing community service where the victim chooses the judges number of hours and location of the service. While some may believe these jurists should suffer punitive punishments such as loss of judgeships, long-term treatment, and extensive probation coupled with individual psychiatric therapy, consideration of all factors with restoration in mind, might be more appropriate for these judicial offenders.     

How to train your dragon: an introduction to the special issue on treatment programmes for high-risk offenders

The plot of the popular movie How to Train Your Dragon includes several features that are paralleled in the efforts of programme designers and treatment providers who work with the highest risk offenders in criminal justice systems. This introduction to the special feature on programmes for high-risk offenders notes that there are important differences in how treatments are provided for offenders with varying levels of risk, need, and responsivity. It asks if what is known about effective offender intervention – much of it derived from moderately risky offenders – applies to those who are thought to be at high risk of new criminal activity. It observes that the relative lack of intervention theory for these offenders provides an important justification for a feature that focuses primarily on describing a range of these interventions and their theoretical underpinnings. The papers that follow are then introduced.     

Criminology and animality: stupidity and the anthropological machine

Although a relatively small, yet growing group of scholars have been lamenting the exclusion of nonhuman animals from the scope of criminology for over thirty years now, animals have been historically present in criminological theorizing, legal practices, and research. However, this presence has not been of the form advocated for by scholars who variously identify themselves as non-speciesist criminologists, green criminologists, or ecological criminologists, who have been arguing largely for recognition of harms perpetrated against animals, or ‘zoological crime’. Instead, the longer history of animals in criminology is as offenders or as prototypes of criminality. In this article, we are concerned with the production – vis-à-vis the anthropological machine – of the ‘stupid’ animal and subhuman within criminology and criminal justice. Guided by the political philosophy of Giorgio Agamben, we trace the animal through criminological thought from the premodern period to Lombroso to contemporary criminological scholarship illustrating how the animal has been (ab)used to shore up the classifications between humans, between humans and animals, and the intelligent and the stupid. We also examine how historically through criminal trials of animals and the feebleminded, criminal justice has played an active role in buttressing these classifications and acting on these classifications to produce bare life, that is, life without form or value.     

Social support as an organizing concept for criminology: Presidential address to the academy of criminal justice sciences

Although “social support” is present as a theme in many criminological writings, it has not been identified explicitly as a concept capable of organizing theory and research in criminology. Drawing on existing criminological and related writings, this address derives a series of propositions that form the foundation, in a preliminary way, for the “social support paradigm” of the study of crime and control. The overriding contention is that whether social support is delivered through government social programs, communities, social networks, families, interpersonal relations, or agents of the criminal justice system, it reduces criminal involvement. Further, I contend that insofar as the social support paradigm proves to be “Good Criminology”—establishing that nonsupportive policies and conditions are criminogenic—it can provide grounds for creating a more supportive, “Good Society.”     

Stereotypes influence beliefs about transfer and sentencing of juvenile offenders

Despite sharp drops in juvenile crime since the mid-1980s, punitive policies regarding juveniles who commit serious offenses still exist. We assessed beliefs about two such practices: transferring offenders from the juvenile justice to the criminal justice system, and subjecting them to sentences of life without parole (LWOP). We examined whether stereotypes about juvenile offenders – the extent to which people believe they are dispositionally violent superpredators versus economically and socially impoverished wayward youth – influence support for these policies. We measured 321 participants’ beliefs about the causes of juvenile crime and juveniles’ potential for recidivism and rehabilitation. Using vignette methodology and actual case facts, we described a 13-, 17-, or 21-year-old offender who murdered a stranger or abusive parent, and asked whether he should be transferred to criminal court and sentenced to LWOP. As endorsement of the superpredator stereotype increased, so did support for these practices. Offenders who murdered an abusive parent were shown more leniency. Older offenders were generally treated harsher, except by people with strong superpredator stereotypes who, on the issue of LWOP appropriateness, did not distinguish among juveniles of different ages. Findings suggest that stereotypes can influence judgments in cases involving juveniles and indirectly affect policy-making about juvenile offending.     

Criminal Prosecutions: Examining Prosecutorial Discretion and Charge Reductions in U.S. Federal District Courts

The role of the prosecutor in criminal punishments remains a fervent topic of criminal justice discourse, yet it has received limited empirical attention, particularly for U.S. Attorneys in federal district courts. The present study examines charging and sentencing outcomes in federal courts by combining charging data from the Administrative Office of the U.S. Courts with sentencing data from the U.S. Sentencing Commission. The merger of these data sources overcomes limitations of each and provides for an investigation of the causes and consequences of federal prosecutorial charging decisions. Our investigation focuses on the subtle but important influences that extralegal offender characteristics exert in this process. Results indicate that some extralegal characteristics are intricately tied to the likelihood of charge reductions. Moreover, these effects sometimes interact to produce compound disadvantages for some groups of offenders. Our analyses are guided by contemporary theoretical perspectives on courtroom decision‐making.     

The effects of different paraphrasing styles on the quality of reports from young child witnesses

The link between criminal attitudes and behavior is well established throughout the literature. We know, for example, that offenders have higher levels of criminal attitudes than non-offenders. However, it is also likely that individual differences in criminal attitudes exist among offenders. The aim of the study is to explore the unique contribution of (1) individual, (2) criminal career, and (3) social characteristics to individual differences in criminal attitudes. Data were used from the Prison Project, a large-scale study among prisoners in all Dutch remand centers (N = 1612). Hierarchical linear regression models were used to identify factors associated with two types of inmates' attitudes. Among the most salient relationships with criminal attitudes were having more agreeable personality traits, having a criminogenic social network, and having experienced more prior incarcerations. Criminal history and social characteristics had the most salient links with criminal attitudes. The results seem to support the idea that criminal behavior is learned in interaction with criminal others, which is in line with the ideas of differential association and reinforcement. The current study might serve as a starting point for individually oriented prison intervention strategies and rehabilitation efforts based on specific offender characteristics.     

Pedophiles and Cyber-predators as Contaminating Forces: The Language of Disgust, Pollution, and Boundary Invasions in Federal Debates on Sex Offender Legislation

As a distinct class of criminals, sex offenders stand out as being particularly subject to the new "risk management" penal strategies that, according to a number of scholars, have come to dominate punishment rhetoric and practices in recent years. Nonetheless, the criminal justice policymaking that targets sex offenders appears to have a more emotionally based underside. In this paper, I examine the emotional drive that appears to undergird contemporary sex offender lawmaking, suggesting that a significant force propelling the current panoply of sex offender containment strategies is a constellation of emotional expressions of disgust, fear of contagion, and pollution avoidance, manifested in a legislative concern about boundary vulnerabilities between social spheres of the pure and the dangerous. To do so, I analyze the lawmaking discourse of U. S. legislators as they debated four proposed legislative bills directed at sex offenders during the late 1990s.     

A conceptual kaleidoscope: contemplating ‘dynamic structural risk’ and an uncoupling of risk from need

ABSTRACT

Recent calls for ‘evidence-based’ approaches have firmly positioned risk assessment as a promising path towards more efficient, unbiased, and empirically based offender management, in custody and in the community. Simultaneously, sociological and critical legal scholars have questioned the focus on individual needs at the expense of wider structural factors’. I will demonstrate the need to reconceptualise risk/need logics and the use of ‘evidence’. I will argue that various criminal justice processes are themselves dynamic criminogenic risks that produce systemic conditions for recidivism and which, if modified, could make a measurable difference in recidivism and other correctional efficiencies. Finally, I will argue that the logic of dynamic risk is transferable to an analysis of socio-structural factors, and that this characterisation can alter the framing of penal subjects, governmental responsibilities, and potentially interrupt the systemically produced criminogenic pathways that perpetuate criminal involvement and marginalisation.     

Revisiting Informal Justice: Restorative Justice and Democratic Professionalism

Restorative justice is a form of informal justice growing rapidly among criminal justice practitioners. It decenters the focus of criminal justice from the offender breaking a law of the state to the harm caused the victim and community. Resolution is said to come from offenders taking responsibility and making amends for the harm done and from communities supporting the victim and providing offenders with opportunities and skills to reintegrate as contributing members.
Restorative justice theory largely ignores the role of professionals in the criminal justice process, and yet professionals have played a dominant part in initiating many restorative justice programs. Several theoretical traditions recognize professionals as being important intermediaries between citizens and the state. The theory of democratic professionalism argues that professionals can play crucial roles in increasing and improving democratic participation in public affairs. This article examines two functioning restorative justice programs to flesh out what democratic professionalism might look like in operation—what tasks professionals perform and what citizen involvement means to the professionals. We argue that restorative justice cannot get along without professionals and that democratic professionalism may help restorative justice to avoid some of the problems associated with other approaches to informal justice by increasing true community participation but balancing it with concern for individuals' rights.     

From the Inside/Out: Greene County Jail Inmates on Restorative ReEntry

The application of criminal justice sanctions is often misguided by a failure to recognize the need for a comprehensive approach in the transformation of offenders into law-abiding citizens. Restorative justice is a growing movement within criminal justice that recognizes the disconnect between offender rehabilitative measures and the social dynamics within which offender reentry takes place. By using restorative approaches to justice, what one hopes of these alternative processes is that the offenders become reconnected to the community and its values, something rarely seen in retributive models in which punishment is imposed and offenders can often experience further alienation from society. In this study, the authors wish to examine factors that contribute to failed prisoner reentry and reintegration and explore how restorative reintegration processes can address these factors as well as the needs, attitudes, and perceptions that help construct and maintain many of the obstacles and barriers returning inmates face when attempting to reintegrate into society.     

The Fall from Grace

The processing of white collar offenders by the criminal justice system has been a subject of much controversy in criminology and criminal justice studies. In particular, debate has centered on whether these offenders are more or less stigmatized by indictment, conviction, and sentencing than ordinary offenders. Utilizing a sample of white collar offenders, the effects of conviction and sentencing on the loss of occupational status by offenders are explored. The data indicate that loss of occupational status, as a nonlegal consequence of conviction, is not spread evenly through the offender population. Professionals and those employed in the public sector or in licensed occupations are much more likely to lose occupational status than private businessmen or those employed by private businesses.     

‘An Unsolvable Justice Problem’? Punishing Young People's Sexual Violence

This article addresses the paradox that whilst young offenders in general are increasingly diverted from formal justice, there continues to be resistance to the idea of diversion for those young people who commit sexual offences. It explores the ways in which tensions arising from this paradox are currently being played out within criminal justice systems in the United Kingdom and elsewhere. Building on published and new research on criminal justice responses to young sexual offenders, the article highlights the problems of responding within any one justice framework to the – at times – competing concerns about risk, welfare, and control that these young offenders provoke. Drawing on criminological, psychological, and sociological work, the article argues that these concerns are accentuated in relation to young sexual offenders because of interrelated fears about the progressive nature of sexual offending; the ability of 'newer' justice practices to meet the need for 'affective' and 'effective' justice in relation to sexual crimes; and because of wider societal anxieties about sexual crimes, particularly where the victims and the offenders are children or young people.     

Low Self‐Control and Contact with the Criminal Justice System in a Nationally Representative Sample of Males

Prior research on law enforcement and court system actions suggests that offender demeanor influences practitioner decision making. However, few studies have examined a key implication of this body of work—namely, criminogenic factors associated not only with offending but also with demeanor may result in a greater likelihood of contact with and formal processing by law enforcement and the courts. Using data from the National Longitudinal Study of Adolescent Health, we test the hypothesis that low self‐control, which is associated with a range of characteristics that might influence practitioner perceptions of individual offenders’ demeanors, will predict greater contact and formal processing. Briefly, we found that low self‐control was consistently related to criminal justice system involvement as measured by police contacts, arrests, age at first police contact, and arrest onset. The implications of the findings for theory and research are discussed.     

Observations Regarding Key Operational Realities in a Compstat Model of Policing

With nearly 4 million adults under supervision in the US, probationers make up the largest group of offenders under the supervision of the criminal justice system. Yet the sanction of probation has received relatively little study. Because probation is generally a local endeavor, coordinated data collection is rare. In this article, the changing dynamics of felony probation populations in California over two decades are examined using dynamic systems simulation modeling. In addition to demonstrating the utility of this underused modeling technique, the legal and social sources of changes in the use of felony probation in California’s criminal justice system are discussed, as are the practical and policy implications of these changes.     

Restorative justice and probation decisions – an analysis of intentional assault cases in China

The restorative justice model focuses on amending offender-victim relations. Compared to Western countries, China's criminal justice policy has relied on both formal and informal mechanisms in dealing with criminal offending. Recently a victim-offender reconciliation (VOR) program has been codified in China to provide incentives for offenders and victims to resolve their disputes through court-guided mediation sessions. Using restorative justice as an interpretive framework and drawing upon 1000 minor intentional assault cases, this study examines the impact of core VOR concepts on probation decisions. Our analysis suggests that offender compensation and attitude were significantly related to the likelihood of receiving probation, and the defense attorney played an unexpected yet impactful role in shaping judges’ probation decisions. Theoretical and policy implications are discussed.