Criminal justice and the drug-abusing offender: policy issues of coerced treatment

Criminal justice populations, including arrestees, probationers, inmates and parolees, have become increasingly involved with drugs of abuse. These numbers have seriously impacted the criminal justice system from enforcement to the courts, corrections, and subsequent legal supervision agencies. Prevalence of substance abuse in these populations is reported, as well as the effectiveness of community-based and corrections-based treatment in effecting behavioral changes to reduce drug demand. The characteristics of successful intervention programs are described and an ideal model proposed for better integrating community treatment and criminal justice intervention efforts.     

Pilot Testing of an Online Training for Criminal Justice Professionals on Medication‐Assisted Treatment

There is widespread misunderstanding about medication‐assisted treatment (MAT) for opioid addiction. Although most MAT trainings target providers, criminal justice program staff and treatment referrers often determine offender placement. This article supports the efficacy of an online MAT training for criminal justice stakeholders.     

An integrative review of South Africa’s approach to victim support

This integrative review seeks to consider the evidence on how crime victims’ rights are served within South Africa’s criminal justice system. Victims view criminal proceeding as the means through which justice for the harms they suffered can be obtained. Such aspirations are often misplaced since criminal proceedings are a legal process between the state and accused with the sole purpose of determining guilt or innocence. As such, the concerns of victims are secondary. Victim’s rights in South Africa was only truly acknowledged during the Truth and Reconciliation Commission (TRC) in 1995. South Africa’s victim empowerment policy is underpinned by restorative justice principles. Contradictory to legal procedures, restorative justice is not offender-driven, but aims to elevate the role of crime victims in the criminal justice system.     

Ethical Issues in Doctoral Supervision: The Perspectives of PhD Students in the Natural and Behavioral Sciences

Our aim was to identify the ethical issues faced by students in the behavioral and natural sciences during their doctoral programmes. The participants were 28 PhD students who were interviewed about their doctoral study and supervision experiences. We identified a total of 102 ethical issues compromising the principles of nonmaleficence, beneficence, autonomy, justice, or fidelity. There were some differences in emphases, with the students in the behavioral sciences displaying a broader range of ethical compromises than the students in the natural sciences. Ethical problems emerged in the individual supervisor–student relationships, but often problems involving the scholarly community appeared in the background.     

Justice and forgiveness: Experimental evidence for compatibility

A 3 (justice prime: restorative, retributive, no prime) × 3 (contextual prime: criminal justice system, intimate relationship, workplace) experimental design was used with 173 participants reading hypothetical transgression scenarios to test the hypothesis that people associate forgiveness more with restorative justice than with retributive justice, and that such relationships hold regardless of the social context. As predicted, there were main effects for justice prime, with participants more likely to associate benevolent responding, and less likely to associate revenge and avoidant responses, with restorative justice than with retributive justice. They were also more likely to associate benevolence, and less likely to associate revenge and avoidant responses, with intimate relationships than with criminal justice and the workplace. Also as predicted, there was no interaction between justice and context for benevolence and revenge. Although one should be cautious about extrapolating from ‘no difference’ hypotheses, these results provide some indication that the forgiveness-justice relationship may be generalised beyond the criminal justice system.     

Behavioral scientists and law enforcement personnel: Working together on the problem of terrorism

Behavioral scientists work with law enforcement personnel on the problem of terrorism in three general contexts: clinical help for victims, training and consultation for hostage negotiation, and profiling and institutional consultation. In a study of 115 senior police officers working in the area of terrorism, subjects valued psychological counseling for crime victims within a broad framework of financial and criminal justice services. When describing a past personal victim experience, they valued direct physical action in their own coping, but expressions of sympathy and reassurance when provided by others. Problems encountered by behavioral scientists working in this area have usually involved difficulties in maintaining an effective consultant role, over-identification with the law enforcement identity, or inappropriate media statements.     

Community psychology and injustice in the criminal justice system

In this short paper, we consider the partnership between psychology and the criminal justice system in Western societies and critically reflect on the notion of criminal justice as expressed in such a system. Focusing on how the criminal justice system operates in the UK, and in particular in Scotland, we consider the way the system criminalizes those who previously have been socially and economically disadvantaged. We ask whether community psychology has become negligent in the attention it brings to such a pernicious form of victim blaming and as such has shown insufficient critical engagement with systems that create social harm, and whether it is paying enough attention to the impact of a criminal justice system that is contributing to the creation of a more punitive, fractured and unjust society. Copyright © 2008 John Wiley & Sons, Ltd.     

Leugnen der Tat und Tatbearbeitung in der prognostischen Begutachtung

The perpetrator’s examination of his own criminal actions seems to be very important for the risk assessment by the German criminal justice and psychological and psychiatric experts. At the same time other risk factors like general dissociality, the structure of the future neighbourhood, the patterns of social bindings, and personal core competencies seem to be more important for the prevention of criminal recidivism. Anyway the analysis of one’s own criminal offence may enlighten the individual attitudes and behavioral problems and thus may become an important domain of cognitive restructuring. If a convict still denies his deed this not necessarily makes a parole impossible. Denial may indicate a general hostility against the law, but in other cases it is caused by overwhelming shame and indicates positive bindings to social norms.     

Moving Beyond the Individual: Examining the Effects of Domestic Violence Policies on Social Norms

To be effective, criminal justice policies should affect the underlying social norms for which the policies were enacted. This study sought to determine whether public perceptions of criminal justice policies on domestic violence affected social norms. Two waves of data were collected via a telephone survey where a random probability sample of 973 residents was drawn from 4 communities. A structural equation model was tested and confirmed. Results provided strong support for the hypothesis that perceptions of criminal justice policies have direct effects on attitudes toward criminal justice response, and indirect effects on victim-blaming attitudes, both underlying social norms related to domestic violence. The enactment of criminal justice policies, therefore, may have an impact beyond victims and perpetrators and lead to a transformation of the community through the emergence of new social norms. Public awareness campaigns designed to disseminate criminal justice policies may be instrumental in provoking social change.     

Responsibilities of Criminal Justice Officials

In recent years, political philosophers have hotly debated whether ordinary citizens have a general pro tanto moral obligation to follow the law. Contemporary philosophers have had less to say about the same question when applied to public officials. In this paper, I consider the latter question in the morally complex context of criminal justice. I argue that criminal justice officials have no general pro tanto moral obligation to adhere to the legal dictates and lawful rules of their offices. My claim diverges not only from the commonsense view about such officials, but also from the positions standardly taken in legal theory and political science debates, which presume there is some general obligation that must arise from legal norms and be reconciled with political realities. I defend my claim by highlighting the conceptual gap between the rigid, generalised, codified rules that define a criminal justice office and the special moral responsibilities of the various moral roles that may underpin that office (such as guard, guardian, healer, educator, mediator, counsellor, advocate, and carer). After addressing four objections to my view, I consider specific contexts in which criminal justice officials are obligated not to adhere to the demands of their offices. Amongst other things, the arguments advanced in this paper raise questions about both the distribution of formal discretion in the criminal justice system and the normative validity of some of the offices that presently exist in criminal justice systems.     

An empirical investigation of psychopathy in a noninstitutionalized and noncriminal sample

This study examined the construct of psychopathy using the Psychopathy Checklist-Revised (PCL-R) in 54 participants from the general population. To obtain a sample of community participants with psychopathic characteristics, participants were recruited using advertisements for a "personality study" that incorporated the characteristics of psychopathy in a nonpejorative manner. The methodology successfully recruited community participants with moderately elevated PCL-R scores. Participants exhibited the personality features of psychopathy (Factor 1) to a greater extent than the behavioral features (Factor 2), which is consistent with the results obtained with the PCL-R normative samples. Roughly 40% of the sample reported no history of involvement with the criminal justice system, yet these participants exhibited moderately elevated PCL-R scores. Moreover, a sizeable portion of the noncriminal participants reported a substantial history of violent behavior. Comparisons of PCL-R scores between participants with and without a criminal history suggest that these two groups differ in ways unrelated to criminal justice system involvement.     

Psychopathic traits in nursing and criminal justice majors: a pilot study

Prior findings suggest presence of psychopathic personality traits may be prevalent outside of the criminal sphere, such as in the business world. It is possible that particular work environments are attractive to individuals with higher psychopathic personality traits. To test this hypothesis, the current study investigated whether psychopathic personality scores could predict students' choices between two university majors, criminal justice or nursing (N= 174; 53 men, 121 women). Nursing education espouses nurturance and care, while criminal justice education teaches students informal and formal social control. Given these two educational mandates, it was predicted that students who scored higher on a scale of psychopathy would tend to enter criminal justice rather than nursing. Using logistic regression, results showed students with higher overall scores on the Psychopathic Personality Inventory, specifically higher scores on the subscale Machiavellian Egocentricity, were more likely to have chosen to major in criminal justice than nursing. Effects were generally weak but significant, accounting for between 5% to 25% of the variance in choice of major. Furthermore, this finding was not due to sex differences.     

Peace and Justice: A Limited Reconciliation

This paper aims to relax the tension between the political requirements of making peace and the moral demands of doing justice, in light of the ‘peace processes’ in South Africa and Northern Ireland. It begins by arguing that criminal justice should be reconceived as consisting primarily in the vindication of victims, both direct and indirect. This is not to deny the retributive punishment of perpetrators any role at all, only to insist that it be largely subservient to the goal of vindication. Why should we take such an account of justice to be true? The paper offers two reasons. First, Christians – and even secularist liberals – have a prima facie reason in the consonance of this account with the Bible's eudaimonistic conception of justice as ordered to the restoration of healthy community. Second, since all concepts of criminal justice share the basic notion of putting right what is wrong, it would be odd if the repair of damage done to victims (i.e., their ‘vindication’) were not prominent among its concerns; and there are reasons to suppose that this vindication should actually predominate in relation to the other principles of justice (the retributive ‘balancing’ of crime and punishment, and the reform of the criminal for his own sake). In its final sections, the paper applies the proposed conception of criminal justice to the ‘peace processes’ in South Africa and Northern Ireland, and concludes that in both cases, notwithstanding concessions to the politics of peace-making, considerable justice has been done.     

Apology in the criminal justice setting: evidence for including apology as an additional component in the legal system

The criminal justice system has reached unprecedented scope in the United States, with over 6.4 million people under some type of supervision. Remedies that have the potential to reduce this number are continually being sought. This article analyzes an innovative strategy currently being reconsidered in criminal justice: the apology. Despite a legal system that only sporadically acknowledges it, evidence for the use of apology is supported by social science research, current criminal justice theories, case law, and empirical studies. Social psychological, sociological and socio-legal studies pinpoint the elements and function of apology, what makes apologies effective, and concerns about apology if it were implemented in the criminal justice system. Theoretical evidence is examined (including restorative justice, therapeutic jurisprudence, crime, shame, and reintegration) to explore the process of apology in the criminal justice context. Attribution theory and social conduct theory are used to explain the apology process specifically for victims and offenders. A brief examination of case law reveals that though apology has no formal place in criminal law, it has surfaced recently under the federal sentencing guidelines. Finally, empirical evidence in criminal justice settings reveals that offenders want to apologize and victims desire an apology. Moreover, by directly addressing the harmful act, apology may be the link to reduced recidivism for offenders, as well as empowerment for victims. This evidence combined suggests that apology is worthy of further study as a potentially valuable addition to the criminal justice process.     

Let's Not Do Responsibility Skepticism

I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal nonresponsibility excuse. Second, a universal nonresponsibility excuse would diminish some of our most deeply held values, further dehumanize criminals, exacerbate mass incarceration, and cause an even greater number of innocent people (nonwrongdoers) to be punished. Third, while Saul Smilansky's ‘illusionist’ response to responsibility skeptics – that even if responsibility skepticism is correct, society should maintain a responsibility-realist/retributivist criminal justice system – is generally compelling, it would not work if a majority of society were to convert, theoretically and psychologically, to responsibility skepticism. In this (highly improbable) scenario, and only in this (highly improbable) scenario, the criminal justice system would need to be reformed in such a way that it aligned with the majority's responsibility-skeptical beliefs and attitudes.     

„Da wirst du ja auch bekloppt bei“

Given a growing demand of psychotherapeutic care the interest of students in a psychotherapeutic occupation is gaining relevance. At the same time psychoanalytic training institutions and societies have been confronted with a continuous decrease of candidates over the last decades. Psychology students, medical students and students of educational sciences (the latter only in the child and adolescent treatment sector) are admitted for a psychotherapeutic training approved by the health care insurances in Germany and have the possibility to choose between a behavioral or a psychodynamic oriented training. In the present multimethodological cross-sectional study those student groups (N?=?679) were questioned about their interest in a psychotherapeutic training in general and, if they proved to be interested, about their specific choice of training. Amongst psychology students the largest group of those interested in a psychotherapeutic training would opt for a behavioral education. Amongst medical students and students of pedagogy and social pedagogy a psychotherapeutic training is less frequently an option for their future career plans. Amongst the students of educational sciences, for those interested in training, psychodynamic methods are more often of interest. Possible reasons for the students' decisions in the context of the specific German legal situation are discussed.     

Behavioral health indicators and time-to-rearrest in an adult pre-arrest diversion program

Several states have recently adopted legislation in support of pre-arrest diversion programs that give police the authority to refer adults with behavioral health needs to treatment providers instead of placing them under arrest and booking them into local jails. The Adult Civil Citation program has been operating since 2013 to divert adults accused for the first time of a misdemeanor offense to a community behavioral health provider with the primary goal of addressing underlying needs that are likely to be associated with future criminal justice contact. The current study analyzed data from a sample of 1,071 adults who participated in the program to assess the impact of behavioral health indicators on time-to-rearrest. Adults who presented greater behavioral health needs were more likely to come into subsequent contact with police, but these indications did not influence the amount of time that lapsed between program participation and rearrest events.     

Theoretical and research support for the Duluth Model: A reply to dutton and corvo

In a recent article, Dutton and Corvo denounce and reject the so-called Duluth Model of batterer intervention based on cognitive–behavioral counseling, reinforcement from the criminal justice system, and coordination of additional community services. They not only accuse it of being ineffective and detrimental to progress in the field, but assert that its supporters are merely acting out of ideological and activist motivations. These authors call for research-based treatment that is more psycho-therapeutic in nature, along with a diminished role of the criminal justice system and more attention to women's violence. The authors, however, are highly selective in the research they use to substantiate their position and apply their own activist biases to its interpretation. Their portrayal of the Duluth Model, and the fundamentals it represents, is a distorted caricature of its current conception. There is psychological theory and criminal justice research that support the Duluth Model and its utility. Moreover, developments in the field contradict the claims that the Duluth Model has an “iron-clad” hold that is impeding progress. The categorical condemnations in the Dutton and Corvo article shut-off needed dialogue and debate rather than further those developments.     

The Reality and Myth of Rape: Implications for theCriminal Justice System

This article sets out to evaluate the researchevidence for rape myths and the extent to which theyare causally related to rape proclivity; negativeattitudes towards rape victims; and the reporting ofsexual assault incidents to the police. In reviewingthis literature, we provide an evaluation of theimpact of this research on the criminal justice systemand possible future developments. We argue that thisresearch, while failing to provide conclusive evidenceof a causal relationship, has nevertheless played animportant part in shaping more sympathetic approachestowards rape victims in the criminal justice system.However, we also argue that the current research fallsshort of the level of proof required for it to beadmitted as evidence in criminal trials. We considera number of alternative uses including AmicusCuriae briefs, and the training of juries and judgesprior to hearing rape cases.     

Cultivating the Arts of Inquiry, Interpretation, and Criticism: A Peircean Approach to our Educational Practices

Peirce was a thinker who claimed that his mind had been thoroughly formed by his rigorous training in the natural sciences. But he was also the author who proclaimed that nothing is truer than true poetry. In making the case for Peirce’s relevance to issues of education, then, it is necessary to do justice to the multifaceted character of his philosophical genius, in particular, to the experimentalist cast of his mind and his profound appreciation for the aesthetic, the imaginative, and (more narrowly) the metaphorical in their myriad guises. My aim in this paper is to go some distance, however small, toward doing such justice to Peirce.