The compelling case for low-violence-risk preclusion in American prison policy

This article recommends the development of broad policies of preclusion regarding the use of incarceration for offenders who are highly unlikely to commit a violent crime in the future. The proposal builds on the new Model Penal Code: Sentencing's provision on the limited utilitarian purposes of incarceration. Such low-violence-risk-preclusion strategies (LVRPs) would stand on the most powerful predictive capabilities of today's risk assessment technology. If implemented properly, there is reason to believe that substantial drops in prison rates could be realized in most states. The preclusion groups would include defendants who should not be sent to prison or jail by sentencing judges even though the law allows for such penalties; those serving prison sentences who should be released by parole boards or other releasing authorities at the earliest opportunity; and probation and parole violators who should not be revoked to prison or jail. The strongest objection to the LVRP proposal is the fear of racial or other unacceptable biases in its apportionment of reduced-incarceration benefits. Given current high levels of disproportionality in prison and jail populations, however, there is reason to think that the benefits of LVRP would be especially pronounced in disadvantaged communities.     

Cognitive Distortions of Child Molesters on Probation or Parole in Japan

The present study examined cognitive distortions of child molesters on probation or parole in Japan utilizing an 18‐item questionnaire administered in a treatment program conducted by the probation officers. This study analyzed the responses of child molesters (n = 51), non‐child‐molesting sexual offenders (n = 65), and non‐offenders (n = 64). Factor analysis of the responses showed three types of cognitive distortions: Rationalization of Offending Behavior, Minimization of Responsibility for Offending, and Minimization of Victim Harm. Welch's analysis of variance followed by Games‐Howell post hoc tests revealed that the child molesters scored significantly higher than the non‐offender group on the Rationalization of Offending Behavior subscale and the Minimization of Responsibility for Offending subscale, and significantly higher than the non‐child‐molesting sexual offender group on the Minimization of Responsibility for Offending subscale. The authors discuss the meanings of these three types of cognitive distortions and future research issues.     

Dangerousness and death: a nexus in search of science and reason

An assertion that a capital offender will engage in future acts of criminal violence is a factor in determining "death worthiness" in many jurisdictions of the United States. The legislative conception and court affirmation of this issue as a capital consideration were products of the parole policy and prison capability of an earlier era as well as of the limitations of risk assessment methodology and findings at that time. The intuitive assumptions that support assertions of future dangerousness as a death penalty issue have been rendered irrelevant by changing prison conditions and parole policies or have been refuted by current findings. This raises important questions for a reasoned public policy in capital sentencing. ((c) 2006 APA, all rights reserved).     

Distinct neuronal patterns of positive and negative moral processing in psychopathy

Psychopathy is a disorder characterized by severe and frequent moral violations in multiple domains of life. Numerous studies have shown psychopathy-related limbic brain abnormalities during moral processing; however, these studies only examined negatively valenced moral stimuli. Here, we aimed to replicate prior psychopathy research on negative moral judgments and to extend this work by examining psychopathy-related abnormalities in the processing of controversial moral stimuli and positive moral processing. Incarcerated adult males (N = 245) completed a functional magnetic resonance imaging protocol on a mobile imaging system stationed at the prison. Psychopathy was assessed using the Hare Psychopathy Checklist–Revised (PCL-R). Participants were then shown words describing three types of moral stimuli: wrong (e.g., stealing), not wrong (e.g., charity), and controversial (e.g., euthanasia). Participants rated each stimulus as either wrong or not wrong. PCL-R total scores were correlated with not wrong behavioral responses to wrong moral stimuli, and were inversely related to hemodynamic activity in the anterior cingulate cortex in the contrast of wrong > not wrong. In the controversial > noncontroversial comparison, psychopathy was inversely associated with activity in the temporal parietal junction and dorsolateral prefrontal cortex. These results indicate that psychopathy-related abnormalities are observed during the processing of complex, negative, and positive moral stimuli.     

Prison Theology: A Theology of Liberation,Hope and Justice

Abstract : In our nation today, the number of prisons and prisoners continue to grow at rates that are out‐of‐control. One in 100 of our citizens is in jail or prison, the highest ratio in the world. Unlike the poor, homeless, critically ill, and elderly, those in prison are separated from us to the degree they are unseen. Unseen also, is the oppressiveness of the criminal justice system that oversees more than 6.5 million people either in confinement or on probation or parole. Liberation theology, which advocates and works toward freeing people from oppression, includes feminist, black, womanist and Latino/Hispanic movements. This article proposes prison theology as part of the liberation theology family and identifies a prison theology based on liberation, hope and justice. It encourages a prison theology movement led by the church to liberate those under the oppressiveness of the criminal justice system, especially those confined and to energize a passion for justice and compassion for the oppressed throughout the criminal justice system.     

Forecasting the impact of the federal sentencing guidelines

The Sentencing Reform Act of 1984, which created the U.S. Sentencing Commission, required that the commisson consider prison capacity in drafting sentencing guidelines. As part of the commission's efforts to meet this requirement, we developed a computer simulation capable of projecting the impact of the commission's guidelines on future sentences and prison populations. According to our projections, “straight” probation sentences will be reduced significantly under the guidelines. However, reducing the use of probation will generate only modest demands on the prisons, and then mostly for community corrections phased in over the course of 5 years. We also project that, while average time served for violent offenses will increase substantially, average time served for most property crimes will remain largely the same. Finally, while we forecast that federal prison populations will grow markedly by the end of this century, this is more a result of the Anti-Drug Abuse Act of 1986 and the career offender provision of the Comprehensive Crime Control Act of 1984 than a result of the guidelines.     

Über die Treffsicherheit der standardisierten Risikoeinschätzungsverfahren Static-99 und Stable-2007 bei aus einer Sicherungsmaßnahme entlassenen Sexualstraftätern

The accuracy of the recidivism risk assessment instruments Static-99 and Stable-2007 for sexual offenders was examined in a population of released male forensic sexual offenders hospitalized under mandatory treatment in Austria (N?=?96). The Static-99 with an area under the curve (AUC) ?value of 0.86 and the Stable-2007 (AUC?=?0.71) were significantly related to sexual reoffending after nearly 7 years time at risk, thus revealing a predictive power comparable with offenders released from prison (N?=?274). Also the Stable-2007 incrementally supplemented the predictive accuracy of the Static-99. Static-99/Stable-2007 risk/need categories identified a high risk group with a 50?% chance for sexual reconviction within 5 years after release despite a favorable risk assessment as the precondition for release and post-release risk management. On the other hand, there was virtually no relapse in the three lowest risk categories suggesting a specific effect of the mandatory treatment at least in these offender categories. The data suggest that the instruments are valid not only for offenders released from prison but also for forensic sexual offenders.     

Maximizing therapeutic effects in treating sexual offenders in an Australian correctional system

In Australia, the community response to sexual offenders is marked by uncertainty as to whether offenders should be incarcerated as punishment or provided treatment in order to reduce the likelihood of re-offense. The incarceration of sexual offenders results in particular management, ethical, and political issues. Nevertheless incarceration can provide leverage to encourage the offender to participate in treatment while delivering punishment for wrongdoing and acting to protect the community. In the state of Victoria the CORE Sex Offender Programs have developed a statewide strategy in the public correctional system in order to assess, manage, and treat male sexual offenders. However, such offenders are notoriously reluctant to engage in treatment to address offending behaviors. A critical element of the strategy has been the Victorian Adult Parole Board, an entity that can determine that an offender needs to engage in treatment before he is considered for parole. Using the therapeutic jurisprudence framework as outlined by Wexler (1990), strategies to minimize the anti-therapeutic effects of the Victorian Adult Parole Board and maximize the therapeutic effects of the CORE Sex Offender Programs are highlighted.     

Das Leugnen der Tat bei der Entscheidung über die Aussetzung der Reststrafe

The article is about the question whether or not a convicted person can be released on probation even though they are denying their offence. According to German Criminal Law, release on probation must be considered (by a special chamber of the court, “Chamber of Execution”; same question for any kind of Parole Board in other countries) in every case as soon as two thirds of the sentence are served, regardless the convicted person does or does not confess their offence. Using a case example, the article will show as to how the convict’s denial becomes a meaningful fact in the decision-making process. Besides referring to certain conclusions about criminal prognosis following from denying – which of course is a main issue with the decision about release, often valued by the help of expert testimony –, the focus will be set on the judicial framework around this question: Does the law give provisions on how to deal with denial, and how does the principle “nemo tenetur” (nobody has to charge themselves, harm their defence, nor give evidence against themselves) impact the considerations?     

The insanity sentence: Oregon's psychiatric security review board

In response to the dilemma of management of mentally ill persons who commit crimes, Oregon has created the Psychiatric Security Review Board (PSRB) to administrate the supervision and treatment of insanity acquittees. This paper presents an overview of the PSRB structure and examines the quasi-criminal justice features of Oregon's Insanity Sentence. The primary goal of the PSRB is the protection of societý. The maximum sentence, had the individual been found guilty, becomes the PSRB's jurisdictional period for that former defendant. A review of the administrative rules for conditional release and revocation of release that the PSRB is now in the process of adopting are described. The authors conclude that the PSRB is a promising approach which offers better community protection and better treatment for mentally ill offenders (NGRIs) than does the present prison parole system.     

Prevalence of childhood and adolescent sexual abuse among sex offenders.

A simple nonstandardized questionnaire was developed and administered to 150 men convicted of various sexual offenses currently on probation or parole, living in the community, admitting their offenses and attending treatment. The hypothesis that men who engaged in sexual activity as adolescents with women would be at a higher risk of committing statutory rape-type sexual offenses was not substantiated.     

The therapeutic alliance in offending behavior programs: A necessary and sufficient condition for change?

The nature and quality of the relationship that forms between clinicians and participants in an offending behavior program is considered by some to have a profound influence on treatment outcomes. This paper aims to offer a critical examination of the current evidence relevant to the effects of what has been termed the therapeutic alliance on violent offender treatment. It is concluded that there is currently an insufficient evidence base to support the view that the therapeutic alliance impacts either directly or indirectly on treatment outcomes and that other factors, such as offender motivation, treatment readiness, offender personality characteristics, and the way in which clinicians’ attend to participant problems, are also likely to be important. Nonetheless, it is concluded there are strong theoretical and practice grounds for clinicians to attend to the development and maintenance of strong alliances in offending behavior programs, and some recommendations for clinical practice in this area are offered.     

Countering Correctional Discourse

SUMMARY

This article discusses the development of a feminist support group for women prisoners enrolled in a six-month substance abuse treatment program in an adult correctional facility in Guam. After the completion of five Group cycles, a follow-up study was conducted in the community using qualitative, feminist, and participatory methods. Results indicate that the Group was successful in helping women prisoners to address trauma, addiction, and the stresses associated with incarceration. Nevertheless, participants reported having significant difficulty transitioning into the community upon release and 23% were sent back to prison for parole violations. Recommendations are outlined for gender-responsive programming, both within women's prisons and in the community, to support women offenders after release.     

Criminal Crews,Codes, and Contexts: Differences and Similarities across the Code of the Street,Convict Code,Street Gangs,and Prison Gangs

We use 16 characterizations of crews, codes, and contexts to determine if offender subcultures (code of the street, convict code, street and prison gangs) converge, complement, or are independent of one another. We find extensive overlap across offender subcultures with “belief” subcultures in street and prison settings mirroring the “group” subcultures in those respective settings. Findings generate a call for comparative research on the convergences and divergences across subcultures on the street and in prisons with a specific emphasis on the impact that importation, deprivation, and exportation have on policy and programming importation for both the street and prison settings.     

The Cruelest Cure? Ethical Issues in the Implementation of Exposure-Based Treatments

Numerous studies have provided supportive evidence for the efficacy of exposure-based treatments for many psychological disorders. However, surprisingly few therapists use exposure therapy in the clinical setting. Although the limited use of exposure-based treatments may be partially attributable to a shortage of suitably trained therapists, exposure therapy also suffers from a “public relations problem” predicated upon concerns that it is cruel and at odds with some ethical considerations (e.g., first do no harm). This article provides an overview of ethical issues and considerations relevant to the use of exposure therapy. It is argued that the degree to which ethical issues become problematic in implementing exposure-based treatments is largely dependent upon the therapist's ability to create an adequately safe and professional context. Specific strategies that may be employed for avoiding potential ethical conflicts in the use of exposure-based treatments are discussed.     

“Prison Will Either Make Ya or Break Ya”: Punishment,Deterrence, and the Criminal Lifestyle

Although a prison sentence is often considered to be among the worst punishments that the state can provide, previous research indicates that offenders do not necessarily share this view. Some inmates, for example, adjust to prison life with relative ease, do not view their time in prison as severe punishment, and may even prefer prison to alternative sanctions such as boot camp or probation. To help explain such views, we point to the utility of a “criminal lifestyle” perspective. We argue that offenders who are committed to the values of the criminal subculture tend to view prison in a unique way. For various reasons, such offenders are less likely than others to view imprisonment as difficult or severe and they are less likely to be deterred by prison. Drawing on data from a large inmate survey, we find initial empirical support for these arguments. Implications for deterrence and future research are discussed.     

Treaters or punishers? The ethical role of mental health clinicians in sex offender programs

Clinicians in sex offender treatment programs are forced to breach traditional mental health ethical principles in order to successfully achieve their outcomes. These breaches include placing the community's interest ahead of those of the offender, restricting confidentiality, and the imposition of involuntary treatment. Unlike breaches in other treatment settings, they are not exceptions to general rules of non-maleficence or beneficence but, rather, must be carried out routinely and universally. Such programs thus take on the characteristics of punishment, rather than treatment, and, unsurprisingly, traditional codes of mental health ethics fail to give any real guidance to clinicians providing them. It is argued that ethical principles justifying and limiting punishment will be of more value in limiting the harms which might be inflicted on offenders participating in these programs while maintaining the integrity of the clinicians working with them.     

A Factor Mixture Model Approach to Elaborating on Offender Mental Health Classification With the MMPI–2–RF

A large proportion of prison inmates suffer from mental illnesses or severe personality disorders; therefore, offender classification is a worthwhile endeavor both for efficiently allocating mental health treatment resources and security risk classification. This study sought to elaborate on offender classification by using an advanced statistical technique, factor mixture modeling, which capitalizes on the strengths of both latent trait analysis and latent class analysis. A sample consisting of 616 male and 194 female prison inmates was used for this purpose. The MMPI–2–RF Restructured Clinical (RC) scales were used to elaborate on a variety of latent trait, latent class, and factor mixture models. A 3-factor, 5-class mixture model was deemed optimal in this sample. Remaining MMPI–2–RF scales as well as scores on external criterion measures relevant to externalizing psychopathology were used to further elaborate on the utility of the resulting latent classes. These analyses indicated that 3 of the 5 classes were predominantly different expressions of externalizing personality proclivities, whereas the remaining 2 indicated inmates with substantial internalizing or thought-disordered characteristics. Implications of these findings are discussed.     

Mental illness, criminal risk factors and parole release decisions

Research has not examined whether higher rates of parole denial among inmates with mental illness (MI) are the result of the increased presence of criminal risk factors among this population. Employing a representative sample of inmates with (n = 219) and without (n = 184) MI receiving parole release decisions in 2007, this study tested whether the central eight risk factors for recidivism considered in parole release decisions intervened in the relationship between MI and parole release. MI was associated with possession of a substance use disorder, antisocial personality disorder and violent charges while incarcerated; however, these factors were not related to release decisions. MI was found to have neither a direct nor an indirect effect on release decisions. While results indicate that release decisions appear, to some extent, to be evidence-based, they also suggest considerable discretion is being implemented by parole board members in release decisions above and beyond consideration of criminal risk factors.