Digital Commons Network^™

Prevention As The Primary Goal Of Sentencing: The Modern Case For Indeterminate Dispositions In Criminal Cases, Christopher Slobogin

San Diego Law Review

This Article contends that properly constituted, indeterminate sentencing is both a morally defensible method of preventing crime and the optimal regime for doing so, at least for crimes against person and most other street crimes.

More specifically, the position defended in this Article is that, once a person is convicted of an offense, the duration and nature of sentence should be based on a back-end decision made by experts in recidivism reduction, within broad ranges set by the legislature. Compared to determinate sentencing, the sentencing regime advanced in this Article relies on wider sentence ranges and explicit assessments of risk, …

Perspectives Of Resilience And Recidivism Among Hispanic Male Adolescents, Javier Montañez, Ralph Jasparro

NERA Conference Proceedings 2011

The purpose of this qualitative phenomenological study was to explore the barriers that urban, male Hispanic adolescents face and the interventions that may contribute to their behaviors. Participants (N = 10) were purposefully selected based on the following criteria: 1) Latino males between 18 and 23; 2) U.S. residents for no less than five years; 3) history of recidivist behaviors leading to incarceration; and 4) demonstration of a minimal pattern of two years of resilient behavior. The researcher employed a self-generated demographic questionnaire, a semi-structured interview protocol, and a group moderator’s guide in order to obtain data. Findings were …

Effectiveness Of Therapeutic Communities: A Comparison Of Prison-Based And Community-Based Therapeutic Communities, Nicole R. Roybal

Regis University Student Publications (comprehensive collection)

This study was conducted to determine whether therapeutic communities can be used as a restorative justice policy to lower recidivism rates. Particularly, it investigated the effectiveness of two Colorado Residential Substance Abuse Treatment Therapeutic Communities (RSAT TC)as treatment to reduce recidivism for male inmates with substance abuse addiction. The first, the Crossroad to Freedom House Therapeutic Community at the Arrowhead Correction Center (ACC TC)is a prison-based program. The second, Peer 1 Therapeutic Community (Peer 1), is a community-based program. The object of this study was to examine these two Colorado therapeutic communities and whether or not they should be mandated …

Maine's Women Offenders: What Do We Know?, Erica King Msw, Jillian Foley Mppm, Mark Rubin

Justice Policy

Although Maine has one of the lowest incarceration rates of any state for both men and women, between 1999 and 2004 the state experienced an increase of 114 percent in incarceration of women, the largest increase in the nation. This study provides a descriptive analysis of the characteristics of women entering Maine's probation system in 2004, 2005 and 2006, and examines the factors contributing to recidivism, defined as an arrest for a new crime (misdemeanor or felony) while under probation supervision. The study finds that recidivism rates of Maine's women offenders vary considerably by county and by offense type. The …

Resolution, Reinvestment, And Realignment: Three Strategies For Changing Juvenile Justice, Jeffrey A. Butts, Douglas N. Evans

Publications and Research

In recent decades, legislators and administrators have created innovative policies to reduce the demand for expensive state confinement and to supervise as many young offenders as possible in their own communities. This report reviews the history and development of these strategies and portrays their methods as following one of three models: resolution, reinvestment, and realignment.

Alaska Justice Forum ; Vol. 28, No. 2-3 (Summer / Fall 2011), Antonia Moras, N/A Bureau Of Justice Statistics

Vols 21-30 (2004-2014)

The Summer/Fall 2011 issue of the Alaska Justice Forum features articles on immigration in Alaska, a pilot project for Anchorage probation violators, Alaska's five-year plan for offender reentry, and the impact of Village Public Safety Officers (VPSOs) in violence against women cases.

The Utility Of The Savry In Predicting Recidivism Among Juvenile Sex Offenders, Timothy Owens

Psychology Theses

The identification of high-risk juvenile sex offenders has become one of the most controversial tasks of forensic mental health professionals today. Courts rely on clinician assessments when attempting to differentiate between youth who are low risk versus youth that are high risk to recidivate. The present study will examine the effectiveness of the Structured Assessment of Violence Risk in Youth (SAVRY) in predicting sexual and nonsexual recidivism in a sample of juvenile sex offenders. Participants are 100 male juvenile sex offenders who were evaluated by a forensic evaluation service regarding their risk to reoffend. Archival case information, which contains forensic …

Recidivism: A Multi-Level Explanation, Brian Eric Oliver

Dissertations

Numerous studies have shown that several characteristics of offenders are related to their likelihood of recidivism after release from prison. Nearly all of these studies, however, have focused on offenders from just one state. Few studies have examined recidivism rates controlling for the characteristics of offenders from multiple states, and virtually none have examined recidivism rates controlling for characteristics of offenders from multiple states during different periods of time. Additionally, few studies have explored different types of recidivism across multiple jurisdictions. To address these shortcomings, this dissertation applied logistic regression models to data from the publicly available Prisoners Released in …

Residence Restriction Legislation, Sex Crime Rates, And The Spatial Distribution Of Sex Offender Residences, Kelly M. Socia

Legacy Theses & Dissertations (2009 - 2024)

Residence restrictions are one of the most recent, and most controversial, public policies seeking to protect community members from registered sex offenders (RSOs) reentering society following incarceration. Residence restriction policies prohibit RSOs from living within a given distance of certain places where children might gather (e.g., schools, daycares, parks, and playgrounds). In doing so, the expectation is that RSOs will have a harder time finding and approaching young children whom they can sexually assault, thus driving sexual recidivism rates down. These policies, first passed in 1995 at the state level and in 2005 at the county and local level, have …

Creating Hope: Mental Health In Western Australian Maximum Security Prisons, Jennifer Fleming, Natalie Gately, Sharan Kraemer

Research outputs pre 2011

The status of prisoners’ mental health has wide-reaching implications for prison inmates, prison authorities and institutions, and the general community. This paper presents the mental health findings from the 2008 Health of Prisoner Evaluation (HoPE) pilot project in which 146 maximum security prisoners were interviewed across two prisons in Western Australia. Results revealed significant discrepancies across gender and Indigenous status regarding the history and treatment of mental health complaints, use of prescribed psychiatric medication, and experience of psychosocial distress. Illicit drug use and dependency, as well as patterns of self-harm and suicide are also reported. These findings highlight that imprisonment …

Do Sex Offender Registration And Notification Laws Affect Criminal Behavior?, J. J. Prescott, Jonah E. Rockoff

Articles

Sex offenders have become the targets of some of the most far-reaching and novel crime legislation in the U.S. Two key innovations in recent decades have been registration and notification laws which, respectively, require that convicted sex offenders provide valid contact information to law enforcement authorities, and that information about sex offenders be made public. Using the evolution of state law during the 1990s and 2000s, we study how registration and notification affect the frequency of reported sex offenses and the incidence of such offenses across victims. We find evidence that registration reduces the frequency of sex offenses by providing …

The Prevalence And Predictive Nature Of Victimization, Substance Abuse & Mental Health On Recidivism: A Comparative Longitudinal Examination Of Male And Female Oregon Department Of Corrections Inmates, Anastacia Konstantinos Papadopulos

Dissertations and Theses

As a consequence of increased awareness and the current scholarly debate regarding women's differential predictors of recidivism, criminal justice agencies are working with researchers in the field to expand their knowledge in this area. In 2007, Portland State University researchers in collaboration with the Oregon Department of Corrections conducted an investigation of factors emerging in the pathways and gender responsive literature as predictive of women's recidivism in a randomly selected sample of female (n=150) and male (n=150) inmates. This study used information gathered from that investigation for two purposes: (1) to assess the prevalence rates of victimization experiences (childhood, adolescent …

Employment Of People With Criminal Records: An Exploratory Study Of The State Of Georgia, Michael Dutcher

Dissertations, Theses and Capstone Projects (Full IR Collection)

Individuals in Georgia with criminal records have many barriers and collateral consequences which impact their ability to find employment upon release from prison. Collateral consequences are those repercussions which impact the ex-offender’s civil liberties after they are released from prison. Research has shown that ex-offenders who do not find gainful employment upon release from prison are more likely to return to prison than those who find gainful employment after they are released.

The purpose of this exploratory study is to examine the current state and federal programs along with nonprofit organizations and discuss how they affect Georgians with criminal records. …

Sex, Drug Courts, And Recidivism, Doria Nour Dandan

UNLV Theses, Dissertations, Professional Papers, and Capstones

Research studies have identified gender differences in the drug abusing patterns and treatment needs of men and women. Even so, studies on the drug court model have not assessed drug court effectiveness across sex. Using secondary data collected from the Ada County Drug Court, the recidivism rates of drug court participants (n=259) and probationers (n=235) were analyzed. Drug court participants were found to be less likely to recidivate compared to probationers, which supports previous research on drug court effectiveness. Regression analyses failed to find an interaction between group membership and sex, thereby indicating that the effect of the drug court …

Prison Reformation: A Five- Step Plan And Evidence Of Community Support, Nicole Borger

Honors College Theses

The federal prison model is one that provides better service than state prisons for offenders both during and after their incarceration. I would like to lay out a plan for the New York State prison system that amplifies the federal prison system’s small scale ideas into ones that can reach thousands of offenders as well as prove, through a research study I, along with two colleagues Colleen Kelley and Adisa Alghali, conducted called “Effect of Information Regarding Mentally Ill Offenders on Community Perception of Sentencing,” that community support can be garnered for such a plan. This five-part plan includes the …

An Exemplar-Based Approach To Risk Assessment: Validating The Risk Management Systems Instrument, Bridget Kelly, Deborah K. Shaffer, Joel D. Lieberman

Graduate Research Symposium (2010 - 2017)

Using a sample of federal probationers, this study examines the predictive validity of the Risk Management Systems assessment instrument. The results indicate the RMS is predictive of arrest, technical violation, and unsuccessful termination from supervision.

Attitudes Towards Megan's Law And Juvenile Sex Offenders, Debra Lee Cochrane

UNLV Theses, Dissertations, Professional Papers, and Capstones

Sex offender registration laws are very controversial. All fifty states require adult sex offenders to register. Twenty-eight states have extended registration and community notification requirements to juveniles (Hiller, 1998). These states seem to have failed to look at the uniqueness of juvenile sex offending. Juveniles have a very low recidivism rate and complex issues of culpability from age-of-consent laws. Applying Megan's Law to juveniles could have considerable negative consequences for juveniles' social development, particularly because one of the main stipulations of the law requires the juvenile to notify their school. Rehabilitation is a key factor of the juvenile justice system …

Domestic Violence And Recidivism: Does Stake In Conformity Matter?, Sara R. Olson

Sociology & Criminal Justice Theses & Dissertations

Domestic violence is a pervasive problem throughout society and has been in existence since the beginning of interpersonal relationships. There have been changes in how the academic community, law enforcement, and the general public respond to this problem in the last thirty years. Punishments have become more punitive and mandatory arrest policies have been instituted. Mandatory arrest for domestic violence batterers has increased the number of batterers that are involved with the criminal justice system. In response to this increase, diversion to batterer treatment and other community based programs has taken the place of jail time for many offenders. This …

Alaska Justice Forum ; Vol. 27, No. 1 (Spring 2010), André B. Rosay, Ronald S. Everett, Sharon Chamard, Barbara Armstrong, Teresa White Carns

Vols 21-30 (2004-2014)

The Spring 2010 issue of the Alaska Justice Forum features articles on juvenile sex offenders, housing for chronic inebriates, justice projects in Alaska funded through Recovery Act funds, and the Alaska Prisoner Re-entry Task Force.

Evaluation Of The House Of Healing: An Alternative To Female Incarceration, Sara Lichtenwalter, Maria L. Garase, David B. Barker

The Journal of Sociology & Social Welfare

The House of Healing (HOH) is a court-mandated, community based residential program for female offenders. Women reside with their children at the HOH, which serves as a base from which to receive health/mental health care and substance abuse treatment while working toward successful community reintegration. An evaluation based on the records of 94 female offenders residing at the HOH for various time periods between 1998 and 2006 revealed a significant relationship between residents' reunification with their children and successful completion of the HOH program. Furthermore, there was a significant relationship between successful program completion and female offenders' recidivism.

The Static-99 And Additional Research-Based Risk Factors : A Statistical Theory To Improve Sex Offender Risk Assessment, Jeffrey C. Sandler

Legacy Theses & Dissertations (2009 - 2024)

Research has indicated that adjusting Static-99 risk assessments for sexual recidivism using unguided clinical opinion reduces the accuracy of the risk assessments. While progress has been made in the last decade toward identifying which variables (both internal and external to the Static-99) are associated with the likelihood of an offender sexually recidivating, very little guidance has been given on how to consider the variables external to the Static-99 within the context of a Static-99 risk assessment. The current study proposes a statistical theory for how to incorporate certain variables into such an assessment, and provides some preliminary analyses to support …

Can In-Prison Interventions Affect Post-Release Outcomes? Evidence From Correctional Education Programs Based On An Econometric Analysis Of Recidivism, Jack Lucas Tilley

Honors Papers

This paper evaluates the impact of in-prison educational and vocational programs on recidivism among former inmates released from prisons in five different states during 1994. It is the first study to consider this particular topic using a subset of nationally representative data. Two sets of microeconometric analyses are performed in order to identify potential program effects. Initially, a basic multivariate framework is considered in which special consideration is given to problems of program heterogeneity; next, a propensity score matching (PSM) approach is used to address the issue of self-selection inherent in observational studies of this kind. The findings of this …

Reducing Recidivism In The State Of California: An Evaluation Of California's Prison And Parole Programs, Heidi C. Wolfgruber

CMC Senior Theses

Studies in the past few years have found that California has the highest recidivism rate in the nation. Until just a few decades ago, many did not believe that the rate of recidivism could be decreased for Robert Martinson’s 1974 study stated that “nothing worked” when trying to rehabilitate criminals. However, a renewed interest has proven that criminals can be rehabilitated. Thus, the California Department of Corrections and Rehabilitation (CDCR), as well as various independent researchers have begun to study the effects of programming on inmates. This thesis evaluates various California in-prison and parole programs in order to determine if …

A Meta-Analysis Of The Efficacy Of Sex Offender Residential Restrictions To Recidivism, Cheryl Kack

All Graduate Theses, Dissertations, and Other Capstone Projects

The purpose of this meta-analysis was to review the empirical research studies pertaining to the enactment of sex offender residency restrictions and its impact on recidivism. The intended purpose for residency restrictions is to limit the distance an offender can reside in proximity to schools, parks, playgrounds and daycare facilities. These residency restrictions were implemented as a safe guard to prevent sex offenders from residing in close proximity to where children typically gather (Chajewski & Mercado, 2009; During, 2006; Melroy, Miller & Curtis, 2008; Mercado, Alvarez & Levenson, 2008; Zgoba, Levenson & McKee, 2009). There has been a limited number …

Social Welfare And Fairness In Juvenile Crime Regulation, Elizabeth S. Scott, Laurence Steinberg

Faculty Scholarship

The question of how lawmakers should respond to developmental differences between adolescents and adults in formulating juvenile crime policy has been the subject of debate for a generation. A theme of the punitive law reforms that dismantled the traditional juvenile justice system in the 1980s and 1990s was that adolescents were not different from adults in any way that was relevant to criminal punishment – or at least that any differences were trumped by the demands of public safety. But this view has been challenged in recent years; scholars and courts have recognized that adolescents, due to their developmental immaturity, …

Sexual Assault In Alaska, André B. Rosay

Presentations

This Powerpoint slide presentation provides an overview of key results from Justice Center research on sexual assault in Alaska through August 2009, with discussion of victimization and its costs, victim characteristics, suspect characteristics, victim-suspect relationships, alcohol use, and criminal case processing (referral, prosecution, and disposition), and recidivism.

Unlocking Doors For The Locked-Out: How Can Community Colleges Help To Demolish Barriers, Build Bridges, And Transition Male Ex-Offenders Into The Workforce, Jeannette Collins-Molden

Dissertations

Over 670,000 adult prisoners were released in 2004. It is estimated that by 2010 over 1.2 million inmates will be released annually. The purpose of this study was to explore (a) barriers that male ex-offenders encounter in their pursuit of entering the workforce and (b) various types of education and support services that community colleges could provide in order to assist this marginalized population in overcoming these barriers. This qualitative case study was conducted at a community college offering programs that attracted a population of at least 50% male ex-offenders. Six male ex-offender students, four of the case study institution …

Thug Life: Hip Hop’S Curious Relationship With Criminal Justice, André Douglas Pond Cummings

Law Faculty Scholarship

I argue that hip hop music and culture profoundly influences attitudes toward and perceptions about criminal justice in the United States. At base, hip hop lyrics and their cultural accoutrements turns U.S. punishment philosophy upon its head, effectively defeating the foundational purposes of American crime and punishment. Prison and punishment philosophy in the U.S. is based on clear principles of retribution and incapacitation, where prison time for crime should serve to deter individuals from engaging in criminal behavior. In addition, the stigma that attaches to imprisonment should dissuade criminals from recidivism. Hip hop culture denounces crime and punishment in the …

Entrepreneurship / Small Business Programming Within Correctional Facilities, Nancy M. Levenburg, Nikki J. Powers

Student Summer Scholars Manuscripts

The full-text download for this paper is an extensive abstract of the project.

Lower Crime Rates And Prisoner Recidivism, Stephanie Stravinskas

Honors College Theses

The transition from prison life back into society is not simple. The number of ex-prisoners that recidivate is alarming. Ex- offenders must find a residence, purchase life’s necessities and locate a job. In addition, many prisoners have not been rehabilitated, developed skills, or obtained an education while in prison. Focusing funds on rehabilitation programs instead of the construction of new prisons may be a more effective long-term strategy to reduce criminal activity. Strategies to reduce recidivism are discussed along with an analysis of what their implementation might entail.