Mental health specialized probation caseloads: Are they effective?

With the large and growing number of persons with mental illnesses under probation supervision, a form of specialized probation called specialized mental health caseload (SMHC) has been implemented. This study explores the effectiveness of a prototypic SMHC implemented statewide. A quasi-experimental design was used to compare criminal justice, mental health, and community engagement outcomes among three caseloads: a newly established SMHC supervising no more than 30 clients per officer (N = 1367); an established SMHC supervising roughly 50 clients per officer (N = 495); and a traditional caseload of clients receiving mental health treatment and supervised by officers with average caseloads of over 130 clients (N = 5453). Using a mixed methods approach, we found that the SMHC was implemented with high adherence to fidelity, and comparisons based on different caseload samples generally support the effectiveness of the specialized mental health caseload, particularly on criminal justice outcomes. Future studies using random assignment are needed to examine the connection among mental health symptoms, compliance with treatment and probation supervision, and recidivism.     

Surviving the Trenches: The Personal Impact of the Job on Probation Officers

The purpose of this study was to assess traumatic stress and burnout in probation officers who work with criminal offenders. Adult probation officers from five departments in three states (Arizona, California, and Texas) participated in this study (N?=?309). Officers completed several survey instruments including the Impact of Events Scale-Revised (Weiss & Marmar, 1997), the Compassion Satisfaction/Fatigue Self-Test for Helpers (Steed & Bicknell, 2001), and the Probation Personal Impact Scale (PPI). The results indicated officers who reported violent and sexual recidivism on their caseloads, offender suicide, and threats and/or assaults in the line of duty scored significantly higher on measures of traumatic stress and burnout than officers who did not experience these caseload events. Assessments, education, training, and stress management programs are discussed as options to mitigate negative impacts, enhance the resiliency of officers, and improve the quality of evidence-based practices.     

The Paradox of Probation: Community Supervision in the Age of Mass Incarceration

After four decades of steady growth, U.S. states' prison populations finally appear to be declining, driven by a range of sentencing and policy reforms. One of the most popular reform suggestions is to expand probation supervision in lieu of incarceration. However, the classic socio‐legal literature suggests that expansions of probation instead widen the net of penal control and lead to higher incarceration rates. This article reconsiders probation in the era of mass incarceration, providing the first comprehensive evaluation of the role of probation in the build‐up of the criminal justice system. The results suggest that probation was not the primary driver of mass incarceration in most states, nor is it likely to be a simple panacea to mass incarceration. Rather, probation serves both capacities, acting as an alternative and as a net‐widener, to varying degrees across time and place. Moving beyond the question of diversion versus net widening, this article presents a new theoretical model of the probation‐prison link that examines the mechanisms underlying this dynamic. Using regression models and case studies, I analyze how states can modify the relationship between probation and imprisonment by changing sentencing outcomes and the practices of probation supervision. When combined with other key efforts, reforms to probation can be part of the movement to reverse mass incarceration.     

Paying Money for Freedom: Effects of Monetary Compensation on Sentencing for Criminal Traffic Offenses in China

The current study seeks to understand the role that monetary compensation plays on the joint occurrence of imprisonment and probation for criminal traffic offenses in China. We argue that monetary compensation influences sentencing decisions primarily by manipulating the probation terms in favor of the defendant. With monetary compensation directly increasing the chances of a more lenient punishment through extended probation as opposed to more severe penalties, we have found sentence lengths for criminal traffic offenses to be concentrated at 36 months, the maximum length eligible for probation. All available sentencing documents for criminal traffic offenses from 2014 to 2016 were retrieved from the China Judgments Online website. The final dataset contains 141,689 observations. Following a joint model approach using both sentence length and probation as outcomes, we utilized a Zero-Truncated-Generalized-Inflated-Poisson model to address the distributional characteristics of sentence length, such as discrete integers, non-zero values, and the concentration of data on certain points. To avoid detecting effects of little scientific importance due to our large sample size, all results were evaluated using bootstrapping techniques. We found that the likelihood of probation increases when monetary compensation is provided, but that compensation does not make a significant difference on the sentence length for those defendants receiving less than 36 months imprisonment. When considering the concentration of sentence lengths at specific values, monetary compensation was positively associated only with the chance of inflation at the value of 36 months, and the probation itself became insignificant in predicting sentence length. The significant positive relationship between monetary compensation and lenient sentencing outcomes suggests that compensation plays a crucial role in the Chinese judicial process. Our study will not only help researchers to better understand the legal process in China, but it will also benefit the larger community as an example of utilizing new sources of data.     

两岸缓刑制度的新发展与比较借鉴——以缓刑制度的刑法价值为视角

本文以缓刑制度的刑法价值为视角，着眼于世界范围内刑法轻刑化、刑罚结构非监禁化的变革趋势，从制度及其体现的价值层面分别分析了我国大陆刑法缓刑制度和台湾地区刑法缓刑制度的最新发展，特别针对缓刑的适用范围、缓刑的实质条件、缓刑的撤销方式、缓刑义务、少年缓刑等问题进行了细致的比较和深入分析，提出了若干可供先互借鉴的建议，以助益于两岸刑事立法和司法适用。     

Community supervision,prosocial activities,and recidivism

Research studying the relationship between intensity of community supervision and recidivism leads to two possible conclusions: (1) there is no consistent relationship, or (2) the relationship is indirect. In this paper we consider a theoretical model that is consistent with the latter possibility. Increased intensity of supervision is hypothesized to increase involvement in conventional and therapeutic activities; this, in turn, should be associated with a reduction in future offending. We examined the viability of this connection using data from four states, and drew the following conclusions: (1) intensity of supervision is associated positively with involvement in prosocial activities; (2) intensity of supervision is not associated consistently with involvement in new criminal activities; and (3) an inverse association exists between involvement in prosocial activities and involvement in new criminal activities after adjusting for measured factors that are thought to affect both outcomes.     

A Comparison of Female and Male Probationers

Abstract

A majority of women convicted of crimes are sentenced to probation. Although proportionately more women than men receive probation, little is known about female probationers. The current study is one of the few to compare the backgrounds and case outcomes of women probationers with those of men. Statewide probation discharge data were used to examine differences between male and female probationers on their individual characteristics, offense and sentencing variables, and case outcomes and to explore the effect of gender on case outcomes. A number of gender differences were identified across the probationer, sentencing and case outcome variables examined. In addition, gender had a statistically significant influence on both new arrests and technical violations, after controlling for other variables such as age, race, income, prior involvement in the criminal justice system, conviction offense and sentence length.     

Adultification in Juvenile Corrections: Examining the Orientations of Juvenile and Adult Probation and Parole Officers

Legislative activity, court decisions, and other activities have left open to question how distinct is the juvenile justice system from the criminal justice system. While several scholars have considered adultification of juvenile courts, no study has systematically examined the adultification of juvenile corrections. The present study assesses whether one type of juvenile corrections, probation and parole, has been adultified by comparing the professional orientations of juvenile and adult probation and parole officers. The study finds that juvenile probation and parole officers do differ from adult officers across several dimensions of professional orientation that are critical to the distinctiveness of the juvenile justice system. Specifically, our analyses show that compared to adult probation and parole officers, juvenile officers tend to more strongly adhere to ideals of treatment, welfare, and offender-focused probation and parole supervision.     

Factors Associated with the One-year Probation Outcome: A Self-report Study in Hong Kong

Why are some probationers able to comply with the sentence? Why do some fail to do so? In order to answer these questions, the article examines cross-sectional data collected from a selected group of Chinese offenders who were put on a one-year probation sentence in Hong Kong. It, in particular, aims at identifying the relative effects of four types of predictors, namely demographic, socio-economic, criminal history and probation intervention, on the probation outcome. For the purpose of this study, the probation outcome is the self-report data of the probationer at the end of the sentence. Logistic regression analyses revealed that self-reported reoffending was significantly related to peer involvement in criminal activities and triad association, a previous probation sentence, a urine test requirement and the offenders’ positive view of probation officers.     

Meet the new boss: Institutional change and loose coupling in parole and probation

The authors use the institutional theory of organizations to argue that historical changes in parole and probation are ceremonial in the sense that they are aimed at an institutional audience and have had little effect on the day-to-day work of line-level officers. A review of the history of community corrections in the US suggests that parole and probation can be described in four eras, each era marked by a particular pattern of institutional authority and by corresponding changes in the structure, goals, and policies of parole and probation. By loosely coupling the work of street-level parole and probation agents to organizational goals and policies and minimizing caseload problems via surveillance and information-gathering techniques, the day-to-day activity of parole and probation officers has been largely unaffected.     

隐性双轨制：刑法中保安处分的教义学阐释

我国现行法律中虽无保安处分的概念,但在刑法中已实质性地存在保安处分,其与刑罚共同构成刑法所规定的法律后果,由此形成“隐性双轨制”的格局。对保安处分规范的识别,首先应从与罪责的关系上、目的与功能的差异上明晰刑罚与保安处分的基本界分,进而从法律特征上区分刑罚规范与保安处分规范,最终将现行刑法中的保安处分措施“挖掘”出来。澄清现行刑法中保安处分措施的性质和法律地位,有利于确保这类措施的正当适用,同时也有利于保障个人的基本权利免受不当干涉。     

Crack as Proxy: Aggressive Federal Drug Prosecutions and the Production of Black–White Racial Inequality

In this article, we empirically examine jurisdictional variations in federal crack prosecutions to measure whether aggressive crack prosecutorial practices are associated with racial inequality in federal caseload characteristics and outcomes. Building on theories that address the production of inequality in institutional settings, we hypothesize that U.S. Attorneys’ offices that are more proactive in charging defendants with crack, relative to other kinds of drugs, and relative to case strength and seriousness, will demonstrate higher rates of black–white racial inequality in case outcomes across the entire criminal caseload. Consistent with theories of institutional racism, our findings demonstrate that aggressive crack prosecutions at the district level are a strong predictor of black–white inequality in conviction rates across the entire criminal caseload, and a much more modest predictor of inequality in final sentence outcomes. We conclude by discussing the importance of organizational‐level empirical analyses for more effectively uncovering the conditions under which inequality can and does flourish in legal settings, and suggest possible future lines of inquiry along these lines.     

Evaluation of a computer-assisted monitoring (CAMO) project: Some measurement issues

This article investigates the effect of Computer Assisted Monitoring of Offenders (CAMO) on probation outcome. In a comparison sample, the effect of CAMO treatment is compared to the effect of “regular” probation. In addition to testing the effects of CAMO as an intermediate treatment, methodological issues, such as level of probation restrictiveness and the effects of prior criminal involvement on probation outcome, are tested. Although the results are mixed, they indicate that level of probation restrictiveness and prior criminal involvement have a greater effect on probation outcome than does CAMO. These findings have ramifications for researchers comparing CAMO probationers to “regular” probationers and for those comparing different CAMO programs. An earlier version of this paper was presented at the Western Social Science Association’s 1992 annual conference.     

Probation Philosophies and Workload Considerations

Researchers have devoted a great deal of attention to understanding the punishment attitudes of different groups. Much of this research has focused on punishment attitudes of members of the public, while a few studies have considered how criminal justice officials perceive different sanctions. This study explores the justifications of probation rated by a sample of probation and parole officers. Attention is given to whether justifications are tied to the way officers rated the importance of different tasks as well as how much time officers reported their agencies devoting to different types of probation and parole activities. The results show some inconsistencies between justifications and work preferences/work activities. Implications are provided.     

Intimate Partner Violence: The Role of Suspect Gender in Prosecutorial Decision‐Making

Utilizing a sample of 8,461 cases involving heterosexual intimate partner violence, this paper examines the role of suspect gender in prosecutorial decision‐making. Four decision points are assessed: the decision to file charges (versus rejection for insufficient evidence); to file as a felony (versus a misdemeanor or probation violation); to dismiss for insufficient evidence (versus full prosecution); and to reduce felony charges to a misdemeanor or violation of probation. Suspect gender was found to be statistically significant in relation to all four outcomes in favoring female over male suspects. Numerous interaction effects were observed between gender and measures of prior arrest and offense severity in particular, suggesting that prosecutors distinguish between male and female suspects across these variables. We suggest that these data provide some support for recent qualitative research suggesting that court personnel are responsive to the gendered asymmetry of intimate partner violence, and may view female intimate violence perpetrators more as victims than offenders.     

故意伤害案件中赔偿影响量刑的机制

赔偿作为一种酌定情节,对量刑有重要影响。通过对近3000份故意伤害案件刑事裁判文书的实证研究发现:赔偿对主刑量刑结果和缓刑适用均有重要影响;随着案件严重程度的增加,赔偿对量刑的影响相对下降,谅解对量刑的影响相对上升;赔偿时间对主刑量刑结果的影响不显著,但可显著提高非羁押性强制措施和缓刑的适用率;谅解时赔偿数额的确定机制兼具理性与非理性的双重因素。受法院功利主义量刑思维的影响,故意伤害案件中赔偿影响量刑机制的运行存在失范风险,如赔偿谅解后“量刑剪刀差”的出现、赔偿谅解中的“贫富差距”问题、谅解时赔偿数额的确定中非理性因素的放大等。为防范上述风险,可从实体法和程序法两个层面,完善故意伤害案件中赔偿影响量刑的机制。     

Probation/Parole Officer Psychological Well-Being: the Impact of Supervising Persons with Mental Health Needs

Although supervising persons with mental illness can pose special challenges for community parole/probation officers (PPOs), few studies have investigated whether the number of supervisees on an officer’s caseload increases risk for poor mental health for PPOs and whether this link is due to emotional exhaustion. Using statewide survey data from 798 PPOs, we examine whether the number of supervisees on an officer’s caseload with mental health problems is associated with depressive symptoms reported the PPOs and whether this relationship is mediated by emotional exhaustion. In addition, we evaluate the potential mitigating role of both mental health services received by supervisees and officer training in mental health in the relationship between the number of supervisees on an officer’s caseload with mental health problems and emotional exhaustion experienced by PPOs. Findings reveal that PPOs with more supervisees on their caseload report significantly higher levels of depressive symptoms and that this relationship is completely explained away by emotional exhaustion. Neither mental health services received by supervisees nor officer training in mental health mitigated the link between the number of supervisees on an officer’s caseload with mental health problems and officer emotional exhaustion. This study underscores the importance of the psychological well-being of those on parole/probation for the emotional and mental health of the officers who supervise them.     

Is a Plea Really a Bargain? An Empirical Study of Six Cities in China

There is a belief in the criminal justice system that it is better to take a plea offer to avoid uncertain consequences than risk going to trial. Prior studies using the data in Anglo-American courts have suggested that many legal and extralegal factors influence the decision of a guilty plea versus trial. China developed its own plea-bargaining system in 2016. Using 6826 DUI cases adjudicated in six cities, this study examines what factors affect the decision of a guilty plea and whether the guilty plea brings true benefits in Chinese courts. The results show that more serious crimes and more dangerous defendants were less likely to be disposed of through guilty pleas (as opposed to going to trial). One possible explanation is that prosecutors may make more punitive offers in these cases, which in turn discourages defendants from accepting them. In addition, using a propensity score weighting technique to control for potential confounding variables, this study finds that defendants who pleaded guilty were more likely to receive favorable case outcomes regarding pretrial detention and probation decision, which supports the argument that a guilty plea could help a defendant to avoid the “trial penalty” in Chinese criminal justice system.

     

我国缓刑制度改进的传统之维——以保辜为讨论中心

保辜制度是我国古代刑法中的一项重要制度，它在唐律中有完备的规定。保辜制度要求人身伤害的犯罪人对被害人进行积极的救治，视救治的效果决定犯罪人的刑罚。保辜制度能够对我国缓刑制度的改进提供有益的借鉴，它在理论、经济和社会价值上都可以给缓刑制度之发展以导引和启迪。借鉴保辜制度，我们应当建立犯罪复原性的缓刑类型，建立缓刑保证制度，这将促进缓刑制度的创造性发展与进步。     

Modeling the longitudinal impact of legal sanctions on narcotics use and property crime

Structural equation models are used to confirm the suppressive effects of legal sanctions, e.g., probation and parole, on narcotics use and property crime. Both concurrent and longitudinal effects of legal sanctions are tested within two different models, which together span the entire addiction career. The findings indicate that (1) the suppressive effects of legal sanctions are evident only when legal sanctions are operationalized as parole or probation officer contact where urine monitoring is utilized; (2) only concurrent suppressive effects are statistically significant, and longitudinal suppressive effects are not; (3) both narcotics use and property crime are suppressed by legal sanctions, although the latter is less responsive than the former to intervention by the criminal justice system; and (4) suppressive effects tend to be more pronounced later in the addiction career. The significance of the findings and the implications for criminological theory related to issues regarding surveillance effects are emphasized.