Patterns of Practice in Mental Health Courts: A National Survey

Mental health courts (MHCs) represent an important new development at the interface of the criminal justice and mental health systems. MHCs are criminal courts for persons with mental illness that were in part created to divert this population from jail/prison into community treatment. MHCs are proliferating rapidly despite limited knowledge regarding their characteristics or their efficacy. We surveyed the entire population of adult MHCs in the United States, n = 90. In the past 8 years, MHCs have been created in 34 states, with an aggregate current caseload of 7,560 clients in MHCs nationally. Most courts (92%) reported using jail as a sanction for noncompliance, if only rarely. Further, jail sanction use was significantly predicted by increased judicial supervision and number of felons in the court. Implications for MHCs and social monitoring are discussed.     

Criminal thinking as a moderator of the perceived certainty–offending relationship: age variations

ABSTRACT

The purpose of this study was to determine whether the perceived certainty of punishment and general criminal thinking interact and whether the effect varies as a function of age. Data from all 1354 members (1170 males, 184 females) of the Pathways to Desistance study were used to test whether perceived certainty, general criminal thinking, and their interaction predicted subsequent offending during late adolescence (16–18 years of age) and emerging adulthood (20–22 years of age). The results showed that while perceived certainty and general criminal thinking failed to interact at age 17, general criminal thinking moderated the effect of perceived certainty at age 21. During emerging adulthood, offending was more common and varied in young adults with low certainty perceptions and high criminal thinking than it was in emerging adults with high criminal thinking and high certainty perceptions or low criminal thinking and either high or low certainty perceptions.     

JAILS AND SERVICES FOR INMATES A Perspective on Some Critical Issues

The nature and scope of the jail role within the criminal justice system is explored. Questions are raised as to the types of functions which jails should perform, the appropriateness of jail services, and alternatives for the administration of jails. The authors suggest that solutions to the various issues require active involvement of an informed public providing policy direction to the criminal justice system. The paper concludes by observing that many of these critical jail issues can find satisfactory solution when there is a joint commitment on the part of practitioners, researchers, and the community sector to actively seek answers.     

Going to Jail Sucks (And It Really Doesn’t Matter Who You Ask)

A growing body of research suggests that, according to both offenders and criminal justice practitioners, jails and correctional boot camps are viewed and experienced as significantly more punitive than prison. Nevertheless, limited research exists examining the perceptions of the public regarding jail conditions and operations. Using responses from 1,183 Kentucky adults, we examine public opinion regarding the punitiveness of jail when compared to prison. We determine that, with the exception of boot camp, respondents feel that jail is the most punitive noncapital sanction. Additionally, respondents who had been convicted of a felony at some point in their lives and respondents with lower household income indicated that they would serve significantly less time in jail to avoid prison than their counterparts if given the option. Implications for policy and future research are discussed.     

Self-destructing prophecies: Long-term forecasting of municipal correctional bed need

Although municipal jails consume a significant amount of resources and the number of inmates housed in such facilities exploded in the 1990s, the literature on forecasting jail populations is sparse. Jail administrators have available discussions on jail crowding and its causes, but do not have ready access to applications of forecasting techniques or practical demonstrations of a jail inmate population forecast. This article argues that the underlying reason for this deficiency is the inherent unpredictability of local long-term correctional population levels. The driving forces behind correctional bed need render local jail population forecasts empirically valid only for a brief time frame. These inherent difficulties include the volatile nature of jail populations and their greater sensitivity when compared with prison populations to local conditions; the gap between the data needed for local correctional population forecasting and what is realistically available to forecasters; the lack of reliable lead variables for long-term local correctional population forecasts; the clash of the mathematics of forecasting and the substantive issues involved in the interpretation of forecast models; and the significant political and policy impacts of forecasts on local criminal justice systems and subsequent correctional population trends.The differences between the accuracy of short-term versus long-term jail bed need forecasts means that forecasting local correctional bed need is empirically valid for, at best, one to two years. As the temporal cast is extended, longer-term forecasts quickly become error prone. Except for unique situations where jails exist in highly stable local political, social, and criminal justice environments, long-term forecasts of two years or greater are fatally flawed and have little empirical accuracy. Long-term forecasts of local jail bed needs are useful, though, as policy catalysts to encourage policymakers to consider possible long-term impacts of current decisions, but forecasts should be thought of and presented as one possible future scenario rather than a likely reality. Utilizing a demonstration of a local jail forecast based upon two common empirical forecasting approaches, ARIMA and autoregression, this article presents a case study of the inherent difficulties in the long-term forecasting of local jail bed need.     

A comparative evaluation of a new generation jail

This study reports findings from an evaluation of a new generation jail in a large southwestern state. The jail is one component of a complex containing a traditional jail, an indirect supervision facility (barracks), and the new generation jail. Using survey and operational data, we compare the new generation jail to the other two facilities. The findings provide generally positive support for the effectiveness of the new generation jail. Inmates and staff were much more satisfied with the physical facilities. Staff perceived it as more secure, though they reported only limited advantages in safety and security. Violence and disciplinary problems were substantially lower. However, no savings in staffing levels were noted, nor were there differences in job satisfaction for staff in the new generation jail. We discuss the implications of the findings and suggest additional directions for jail evaluations.     

The imprisoned nonviolent drug offender: Specialized martyr or versatile career criminal?

Some observers oppose imprisoning nonviolent drug offenders because they view incarceration as costly and such persons as generally benign. The careercriminal literature has established that perpetrators, including drug violators, commit an array of offenses. The current study merges these debates using a sample of 500 arrested adults selected from an urban jail in the western United States. Drug offenders amassed a much more extensive arrest history than other suspects net the effects of age, race, sex, prison history, and arrest onset. Drug offenders are quite versatile and do not conform to the image of specialized violators who are nominally criminal.     

AGE,DIFFERENTIAL EXPECTATIONS,AND CRIME DESISTANCE*

We specify an individual-level model linking crime desistance to estimates of legal risk, differential expectations, degree of past success at legitimate and criminal pursuits, and age. OLS and logistic regression procedures are used to estimate the model using longitudinal data on serious, previously imprisoned offenders. As predicted, age decreases estimates of the likely payoffs from crime and legitimate employment. Contrary to predictions, age is unrelated to the perceived legal risk of renewed criminal participation. Age, past success at avoiding confinement, expectations of success from crime, and level of education are significant predictors of crime desistance. Neither the perceived legal risk of crime nor expectations of success through straight pursuits significantly predict desistance. We suggest an interpretation for these anomalous findings.     

Crimmigration at the Local Level: Criminal Justice Processes in the Shadow of Deportation

In recent decades, authorities have adopted a number of programs that tether the criminal and immigration enforcement apparatuses in novel ways. This mixed methods case study assesses the impact of such programs on local criminal justice processes and outcomes in King County, Washington. Although the empirical research on the effects of such programs is scant, the emerging literature on legal hybridity suggests that the enmeshment of the criminal and immigration systems is likely to enhance the state's power to detain and punish. The quantitative results support this hypothesis: non‐citizens flagged by immigration authorities stay in jail significantly longer than their similarly situated counterparts. Qualitative focus group interviews with prosecuting and defense attorneys identify four key mechanisms by which Immigration Customs and Enforcement detainers alter the incentive structure, impact decisionmaking, and extend jail stays for non‐citizens. Together, these findings suggest that immigration law and the threat of deportation now cast a long shadow over local as well as federal criminal proceedings, and enhance penal pain for non‐citizens. Implications of these findings for the “crimmigration” literature and research on the effect of citizenship status on criminal justice outcomes are discussed.     

INTERORGANIZATIONAL UTILITY OF WELFARE STIGMA IN THE CRIMINAL JUSTICE SYSTEM*

The appropriation of “welfare stigma” or stereotypes about poor people's overreliance and abuse of public aid in two core criminal justice functions is examined: felony adjudication in a court system and space allocation in a jail. Through a comparative ethnographic study in which an abductive analysis of data (20 months of fieldwork) was used, we show that criminal justice gatekeepers utilize welfare stigma to create stricter eligibility criteria for due process in criminal courts and occupancy in jails. Specifically, the number of court appearances, motions, trials, jail beds, food, showers, and medical services is considered by professionals to be the benefits that individuals seek to access and abuse. Professionals view their role as preventing (rather than granting) access to these resources. The comparative nature of our data reveals that welfare stigma has interorganizational utility by serving two different organizational goals: It streamlines convictions in courts, which pulls defendants through adjudication, and conversely, it expands early release from jails, which pulls inmates out of the custody population. In the context of diminishing social safety nets, our findings have implications for understanding how discretion is exercised in an American criminal justice system increasingly tasked with the distribution of social services to the urban poor.     

从“耻辱刑”到“羞耻心”——-漫谈在监狱矫正中唤起服刑人的羞耻之心

古人对罪犯羞耻心的培养是从积极的教育和消极的教训两个维度并举的。本文从属于后一维度的耻辱刑入手,探讨它以“人皆有羞耻之心”为逻辑起点的教化功能;进而又从“劳动改造”和“罪犯人权保障”两方面切入,对当前监狱改造中存在的羞耻心缺失现象进行剖析,指出今天的监狱矫正同样需要立足于人们的社会心理、文化习俗、价值观念等来培育服刑人的羞耻之心,这样才能最大限度地发挥刑罚的改造功能。     

Correctional destabilization and jail violence: The consequences of prison depopulation legislation

Purpose

This study explored the effects of prison depopulation on local jail violence through a general systems perspective – where an abrupt shift in the processing of offenders had the potential to create ripple effects through other organizations – of the criminal justice system.

Methods

In 2011, California passed the Criminal Justice Realignment legislation aimed to reduce prison population by making low-level felony offenders ineligible for state incarceration and diverting those already in state prison for the included offenses from state to county-level community supervision once paroled. This study incorporated bivariate and negative binomial regression analyses to model officially-recorded county jail panel data to estimate the effects of state prison depopulation on California county jails.

Results

Findings demonstrated support for the general systems framework as there was a significant decrease in jail utility in the bivariate analysis and a significant increase in jail violence in the multivariate analysis associated with passage of California’s prison depopulation legislation.

Conclusions

The results supported the notion of an interconnected criminal justice system. Policy implications include the consequences of increased violence on jail operations, the potential for a cadre of habitual offenders, and generalizing these findings to the community.     

Exploring the consequences of prolonged pretrial incarceration: evidence from a local jurisdiction in the Philippines

Prolonged pretrial incarceration is a key issue facing the criminal justice systems of many developing countries. Detainees stay in jail for years while undergoing trial but are still unconvicted. However, little is known about the consequences of this troubling phenomenon. Informed by relevant prison and criminological theories, this paper analyses jail official data and qualitative interviews from detainees in a local jurisdiction in the Philippines to understand the magnitude and consequences of prolonged pretrial incarceration. Results suggest the emergence of a legally cynical view of the criminal justice system shared by the detainees. These sentiments likely serve as bases for popular opinions that justify use of violence and vigilante justice on offender populations. Implications on judicial and penal reforms in the Philippines are discussed.     

Correlates of jail crowding in the United States

Jail populations across the United States have grown dramatically over the last decade. However, research on the correlates and causes of jail crowding is very rare. This study examined several structural, legal, demographic and socio-demographic correlates to the degree to which a jail’s average daily population was under or over the jail’s rated capacity during 1983. Results suggest that there might be a variety of contributing factors to jail crowding in the United States. These factors include a jurisdiction’s serious crime rate, available resources for incapacitation relative to the number of convicted criminal defendants, degree of urbanism, degree of political conservativism, degree of prison crowding in a state, types of jail standards and inspection intervals, and the type of jail facility.     

论程序正义视域下的中国刑辩律师困境

律师职业自产生之初就与正当程序有着紧密联系,正是程序正义赋予了律师职业以内在的价值追求.但现今的中国刑事辩护律师却处境尴尬：他们参与刑事辩护率低迷;在刑事诉讼中的各项权利难以保障;有时深受社会公众与媒体舆论的怀疑、攻讦,甚至有可能面临牢狱之灾.一系列问题表明,刑事辩护作为司法程序中的重要环节,正日益失去其维护司法公正的的意义和作用.因此,要突破律师现今面临的种种困境,必须在现念上和制度上进一步落实程序正义.     

CRIMINAL CHARGE OR PROBATION VIOLATION? PROSECUTORIAL DISCRETION AND IMPLICATIONS FOR RESEARCH IN CRIMINAL COURT PROCESSING*

Feeney et al. (1983) observe that arrests not resulting in convictions may nonetheless receive substantial punishment through reliance on alternative, less formal, means of imposing sanctions. Utilizing a sample of 1427 domestic violence cases supplemented by interviews with prosecutors, we analyze this phenomenon. We conclude that the majority of cases disposed by such means originate as new criminal charges, which are then rejected or dismissed in favor of resolution through use of the prosecutor's power to initiate probation violation hearings. In almost all instances, these cases result in a jail or prison sentence, underlining that outcomes such as “rejection” and “dismissal” are not synonymous with case termination. Failure to appreciate this distinction can lead to serious measurement error.     

Sentencing practices under the Arkansas sentencing guideline structure

In the last thirty years, research on differential sentencing practices became one of the dominant thrusts of academic interest in criminal justice studies. This was mainly because several reforms had been added to the various sentencing structures in the United States, one of which was the adoption of guideline based sentencing strategies. Although several studies were conducted regarding the impact of these guidelines, these were provided by a limited number of sources. For instance, the majority of this research was conducted on data collected by the United States Sentencing Commission and the Pennsylvania Sentencing Commission. This study attempted to further the discussion on sentencing practices by examining data from a new source, the Arkansas Office of Courts. This study first examined the judge's decision to imprison and jail the defendant using logistic regression, and second, for those individuals incarcerated, OLS and negative binomial regression analyses were conducted to explore potential disparities in the length of prison and jail sentences. The results of this analysis in Arkansas illustrated striking comparisons to studies that were conducted on other guideline structures. The legally relevant variables were the greatest predictors of whether or not an offender was sentenced to prison. Extralegal variables, on the other hand, had negligible effects. Implications for policy are also discussed.     

Jails in the United States: the phenomenon of mental illness in local correctional facilities

During the last decade, the number of mentally ill inmates in local jails has increased while courts have imposed standards of inmate care upon jail administrators which require appropriate treatment of that inmate group. While jail administrators are seeking assistance from mental health agencies as well as additional resources to deal with these problems, little specific information is presently available about the numbers and correlates of jail inmates nationally that are mentally ill; their prior contacts with mental health agencies, criminal histories, employment backgrounds, etc; and the services jails presently offer to that population. In addition, little is known by geographic region or by jail capacity. Such information is essential in developing future strategies to manage that population. This paper is a preliminary contribution to the development of that information. In addition, the data analysis can serve as a base line against which to evaluate in the structure of the mentally ill jail inmate population as well as changes in services provided by jails by comparing this analysis to future jail surveys conducted by the Bureau of Jail Statistics (BJS) or the National Institute of Justice. The research will be a secondary analysis of the Survey of Inmates of Local Jails, 1983, conducted by BJS, (made available through the Inter-University Consortium for Political and Social Research: University of Michigan, First Edition, Fall, 1985, #8274). In general an exploratory approach was used; however, a loglinear model has been asked to further refine and explore the phenomena of the mentally ill in jails.     

Inmates: Who occupies our jails?

The purpose of this investigation was to identify inmate personal and demographic data that may be used to further define or profile persons with a greater likelihood of being at risk for serving a jail sentence. This study was explorative. The survey administration was similar in format to that conducted by the U.S. Department of Justice. Chaplains were used as survey proctors. Pilot studies were conducted to determine the suitability of survey content. Surveys consisted of 172 items. Subjects included four hundred inmates: males comprised 88.75 percent of the sample, Caucasians 58.25 percent, Blacks 37 percent, Hispanics 3.25 percent and other 1.5 percent of the sample. Respondents ranged in age from 15 to 64 years with an average age of 30.3 years. Less than two percent of the contacted inmates refused participation in the survey. Results are presented for demographic data, select legal/criminal data, select drug and alcohol use data, employment data, health, parent/family data, education data, social data, and “other”.