Pub Date : 2023-07-07DOI: 10.1177/08874034231184139
Shi Yan, Kristen M. Zgoba, J. Pizarro
On average, one in five incarcerated persons will spend some time in restrictive housing (RH) during their incarceration. Despite a growing body of research on the topic of RH, few have taken into account the heterogeneity of the incarcerated individuals’ pre-RH risk profiles. In the present study, we fill this gap by estimating a latent class analysis (LCA) model to explore the heterogeneity among a sample of incarcerated individuals in New Jersey. Our LCA has both dichotomous and count variables, and we specified a model with logit and Poisson functional forms. We then examine how the latent group membership predicted RH placement and length of stay using a hurdle model. We identified a four-group LCA model, and found that groups featuring misconduct records were more likely to experience RH and stay longer in RH. Prior criminal records were less predictive of these RH outcomes.
{"title":"Restrictive Housing Placement and Length of Stay: A Latent Class Analysis With Mixed Distributions","authors":"Shi Yan, Kristen M. Zgoba, J. Pizarro","doi":"10.1177/08874034231184139","DOIUrl":"https://doi.org/10.1177/08874034231184139","url":null,"abstract":"On average, one in five incarcerated persons will spend some time in restrictive housing (RH) during their incarceration. Despite a growing body of research on the topic of RH, few have taken into account the heterogeneity of the incarcerated individuals’ pre-RH risk profiles. In the present study, we fill this gap by estimating a latent class analysis (LCA) model to explore the heterogeneity among a sample of incarcerated individuals in New Jersey. Our LCA has both dichotomous and count variables, and we specified a model with logit and Poisson functional forms. We then examine how the latent group membership predicted RH placement and length of stay using a hurdle model. We identified a four-group LCA model, and found that groups featuring misconduct records were more likely to experience RH and stay longer in RH. Prior criminal records were less predictive of these RH outcomes.","PeriodicalId":10757,"journal":{"name":"Criminal Justice Policy Review","volume":"34 1","pages":"462 - 487"},"PeriodicalIF":0.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43643864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-21DOI: 10.1177/08874034231180505
D. Applegarth, Raven A. Lewis, Rachael M. Rief
This article shares considerations for designing, implementing, and understanding risk assessments used to reduce recidivism of people under community supervision. These insights are gleaned from 27 data scientists who participated in focus groups during the National Institute of Justice’s Recidivism Challenge Winners Symposium. Analyses revealed three primary themes: design considerations, implementation, and increasing awareness and understanding of risk assessments. Critical aspects of the design phase include validating the tool, incorporating field data that account for real-time changes, and adopting strategies to address false positives/negatives and the model’s complexity. Upon the tool’s development, practitioners are recommended to devise an implementation plan, balance attention to risk with client-focused needs, and exercise modest discretion while considering algorithmic results. Recognizing the value predictive instruments bring to decision-making and identifying their limitations is needed to increase understanding for all stakeholders. Collaboration and dialogue between tool developers and practitioners are crucial at every stage.
{"title":"Imperfect Tools: A Research Note on Developing, Applying, and Increasing Understanding of Criminal Justice Risk Assessments","authors":"D. Applegarth, Raven A. Lewis, Rachael M. Rief","doi":"10.1177/08874034231180505","DOIUrl":"https://doi.org/10.1177/08874034231180505","url":null,"abstract":"This article shares considerations for designing, implementing, and understanding risk assessments used to reduce recidivism of people under community supervision. These insights are gleaned from 27 data scientists who participated in focus groups during the National Institute of Justice’s Recidivism Challenge Winners Symposium. Analyses revealed three primary themes: design considerations, implementation, and increasing awareness and understanding of risk assessments. Critical aspects of the design phase include validating the tool, incorporating field data that account for real-time changes, and adopting strategies to address false positives/negatives and the model’s complexity. Upon the tool’s development, practitioners are recommended to devise an implementation plan, balance attention to risk with client-focused needs, and exercise modest discretion while considering algorithmic results. Recognizing the value predictive instruments bring to decision-making and identifying their limitations is needed to increase understanding for all stakeholders. Collaboration and dialogue between tool developers and practitioners are crucial at every stage.","PeriodicalId":10757,"journal":{"name":"Criminal Justice Policy Review","volume":"34 1","pages":"319 - 336"},"PeriodicalIF":0.0,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42996992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-19DOI: 10.1177/08874034231180806
C. Spohn
Despite its importance, the pretrial process has not been subjected to the type of scrutiny directed at judges’ sentencing decisions. The goal of this project, which uses data on defendants released pretrial in four Arizona counties, was to identify the factors that predict failure to appear (FTA) for court hearings and to determine whether these predictors vary across defendants. We found that the likelihood of FTA was affected by a combination of defendant characteristics, case characteristics, and the jurisdiction where the case was adjudicated; the FTA prediction score, which is obtained from the risk assessment instrument used in all Arizona counties, also had a significant effect on the likelihood of FTA. Discussion focuses on inter-jurisdictional differences in FTA rates, the fact that the type of pretrial release did not predict FTA, and the fact that the defendant’s race/ethnicity affected the FTA prediction score and most of the Public Safety Assessment factors.
{"title":"What Predicts Failure to Appear for Court Hearings?","authors":"C. Spohn","doi":"10.1177/08874034231180806","DOIUrl":"https://doi.org/10.1177/08874034231180806","url":null,"abstract":"Despite its importance, the pretrial process has not been subjected to the type of scrutiny directed at judges’ sentencing decisions. The goal of this project, which uses data on defendants released pretrial in four Arizona counties, was to identify the factors that predict failure to appear (FTA) for court hearings and to determine whether these predictors vary across defendants. We found that the likelihood of FTA was affected by a combination of defendant characteristics, case characteristics, and the jurisdiction where the case was adjudicated; the FTA prediction score, which is obtained from the risk assessment instrument used in all Arizona counties, also had a significant effect on the likelihood of FTA. Discussion focuses on inter-jurisdictional differences in FTA rates, the fact that the type of pretrial release did not predict FTA, and the fact that the defendant’s race/ethnicity affected the FTA prediction score and most of the Public Safety Assessment factors.","PeriodicalId":10757,"journal":{"name":"Criminal Justice Policy Review","volume":"34 1","pages":"387 - 410"},"PeriodicalIF":0.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42263313","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-31DOI: 10.1177/08874034231162776
Caitlin Nash, Rachel Dioso-Villa, Louise E. Porter
While the difficulties in appealing a guilty plea conviction are widely acknowledged, little research has investigated how appellate courts handle guilty plea convictions. This study addresses this gap by examining Australian appellate court judgments in which a guilty plea conviction was contested, comparing successful appeals where a guilty plea conviction was overturned (n = 193) against unsuccessful appeals where a guilty plea conviction remained (n = 375). Hierarchical multiple logistic regression analysis revealed that, independent of other case characteristics, legal representation on appeal and support from legal actors significantly predicted a successful appeal, while significant predictors of an unsuccessful appeal included male defendants, defendants who received a term of imprisonment, and those who argued they were pressured to plead guilty. The findings highlight the significant influence of legal and extra-legal factors on appellate decision-making beyond the grounds of appeal raised by the defendant, raising important policy implications for the post-conviction process.
{"title":"Identifying a “Miscarriage of Justice”: Factors Influencing a Successful Appeal Against a Guilty Plea Conviction in Australia","authors":"Caitlin Nash, Rachel Dioso-Villa, Louise E. Porter","doi":"10.1177/08874034231162776","DOIUrl":"https://doi.org/10.1177/08874034231162776","url":null,"abstract":"While the difficulties in appealing a guilty plea conviction are widely acknowledged, little research has investigated how appellate courts handle guilty plea convictions. This study addresses this gap by examining Australian appellate court judgments in which a guilty plea conviction was contested, comparing successful appeals where a guilty plea conviction was overturned (n = 193) against unsuccessful appeals where a guilty plea conviction remained (n = 375). Hierarchical multiple logistic regression analysis revealed that, independent of other case characteristics, legal representation on appeal and support from legal actors significantly predicted a successful appeal, while significant predictors of an unsuccessful appeal included male defendants, defendants who received a term of imprisonment, and those who argued they were pressured to plead guilty. The findings highlight the significant influence of legal and extra-legal factors on appellate decision-making beyond the grounds of appeal raised by the defendant, raising important policy implications for the post-conviction process.","PeriodicalId":10757,"journal":{"name":"Criminal Justice Policy Review","volume":"34 1","pages":"361 - 386"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46679211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-22DOI: 10.1177/08874034231163070
C. Metcalfe, J. B. Kuhns
Counties across the country are experiencing population growth with associated crime increases while prosecutor offices remain under-resourced. Resource constraints have implications for case processing and community relations. This study offers a descriptive assessment of prosecutor and staff perceptions on resource challenges, using the Mecklenburg County District Attorney’s Office in North Carolina as a case study—a county where staffing and funding has stagnated over the past decade. Employing official data, interviews, and surveys, we considered how prosecutorial resources in Mecklenburg County compared with similar counties within the state, region, and country, as well as explored perceptions of resource constraints and the impact on office effectiveness and the community. Results suggested that Mecklenburg County did not compare favorably with similar counties in the region and nation, suffered more broadly from criminal justice funding challenges, and faced staffing shortages and turnover that were perceived as affecting case dispositions, office morale, and community trust.
{"title":"Coping With Limited Prosecutorial Resources: An Assessment of the Case Processing and Community Impact From the Perspective of Prosecutors and Staff in a Southeastern County","authors":"C. Metcalfe, J. B. Kuhns","doi":"10.1177/08874034231163070","DOIUrl":"https://doi.org/10.1177/08874034231163070","url":null,"abstract":"Counties across the country are experiencing population growth with associated crime increases while prosecutor offices remain under-resourced. Resource constraints have implications for case processing and community relations. This study offers a descriptive assessment of prosecutor and staff perceptions on resource challenges, using the Mecklenburg County District Attorney’s Office in North Carolina as a case study—a county where staffing and funding has stagnated over the past decade. Employing official data, interviews, and surveys, we considered how prosecutorial resources in Mecklenburg County compared with similar counties within the state, region, and country, as well as explored perceptions of resource constraints and the impact on office effectiveness and the community. Results suggested that Mecklenburg County did not compare favorably with similar counties in the region and nation, suffered more broadly from criminal justice funding challenges, and faced staffing shortages and turnover that were perceived as affecting case dispositions, office morale, and community trust.","PeriodicalId":10757,"journal":{"name":"Criminal Justice Policy Review","volume":"34 1","pages":"337 - 360"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47759047","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-01DOI: 10.1177/08874034221098909
M. Hawes, Danielle C. Slakoff, Nikolay Anguelov
Within the United States, there is an epidemic of missing and murdered Indigenous women. Using data from the National Missing and Unidentified Persons System (NamUs) repositories on missing and unidentified women, we examined how demographic and regional differences affected case status. Within the NamUs database, we found that American Indian/Alaska Native women are 135% more likely to be listed within the “unidentified remains” cases than women of other races. The results also showed that in states with relatively high urban population densities, women of all races were 250% more likely to be found dead and remain unidentified than women in places with a low urban population. We conclude by discussing three areas in which policy can help bring Indigenous women’s plight back to the fore: (a) in data collection efforts, (b) in increased support for Tribal police, and (c) via the media’s purposeful focus on Indigenous issues.
{"title":"Understanding the Missing and Murdered Indigenous Women Crisis: An Analysis of the NamUs Database","authors":"M. Hawes, Danielle C. Slakoff, Nikolay Anguelov","doi":"10.1177/08874034221098909","DOIUrl":"https://doi.org/10.1177/08874034221098909","url":null,"abstract":"Within the United States, there is an epidemic of missing and murdered Indigenous women. Using data from the National Missing and Unidentified Persons System (NamUs) repositories on missing and unidentified women, we examined how demographic and regional differences affected case status. Within the NamUs database, we found that American Indian/Alaska Native women are 135% more likely to be listed within the “unidentified remains” cases than women of other races. The results also showed that in states with relatively high urban population densities, women of all races were 250% more likely to be found dead and remain unidentified than women in places with a low urban population. We conclude by discussing three areas in which policy can help bring Indigenous women’s plight back to the fore: (a) in data collection efforts, (b) in increased support for Tribal police, and (c) via the media’s purposeful focus on Indigenous issues.","PeriodicalId":10757,"journal":{"name":"Criminal Justice Policy Review","volume":"34 1","pages":"184 - 207"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46581088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-01DOI: 10.1177/08874034211061326
Jessie Harney
As a result of COVID-19, individuals have experienced situations that may help them relate to others, including more limited ability to interact with their environment. Thus, this survey experiment (N = 2,229) tests whether perspective-focused interventions can help increase support for prison reform. Findings suggest that perspective-getting (providing the perspective of an incarcerated individual via a narrative description of dealing with confinement) increased self-reported support for prison reform initiatives, compared with information only. In addition, a perspective-taking prompt-nudging participants to put themselves in the shoes of the incarcerated individual when reading their narrative-may help boost intention to take action in support of prison reform. Future avenues for research and implications are discussed.
{"title":"The Power of Empathy: Experimental Evidence of the Impact of Perspective-Focused Interventions on Support for Prison Reform.","authors":"Jessie Harney","doi":"10.1177/08874034211061326","DOIUrl":"https://doi.org/10.1177/08874034211061326","url":null,"abstract":"<p><p>As a result of COVID-19, individuals have experienced situations that may help them relate to others, including more limited ability to interact with their environment. Thus, this survey experiment (<i>N</i> = 2,229) tests whether perspective-focused interventions can help increase support for prison reform. Findings suggest that perspective-getting (providing the perspective of an incarcerated individual via a narrative description of dealing with confinement) increased self-reported support for prison reform initiatives, compared with information only. In addition, a perspective-taking prompt-nudging participants to put themselves in the shoes of the incarcerated individual when reading their narrative-may help boost intention to take action in support of prison reform. Future avenues for research and implications are discussed.</p>","PeriodicalId":10757,"journal":{"name":"Criminal Justice Policy Review","volume":"34 1","pages":"20-42"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9937583/pdf/nihms-1872265.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9347538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-24DOI: 10.1177/08874034221150639
Jacob Herrera, Lonnie Schaible
Using District Attorney Declination Letters of officer-involved shootings in Denver, Colorado between 2000 and 2020 (N = 132) and drawing on the Narrative Policy Framework, this study examined how prosecutors use of narrative strategies varied with legal and extra-legal characteristics of shooting. Findings indicated that prosecutors were more likely to likely to praise police shootings involving armed subjects, independent witnesses, and injuries to officers. Surprisingly, prosecutors were less likely to praise officers involved in the shooting of African American subjects, unarmed suspects, and in shootings involving a standoff. Findings suggest that while prosecutors largely draw upon legal criteria to justify not prosecuting police, their narrative accounts of declining to pursue criminal charges are also sensitive to extra-legal variables. Implications for theory, practice, and research are discussed.
{"title":"When Prosecution Is Declined: Factors Influencing Prosecutorial Portrayal of Officers Involved in Shootings","authors":"Jacob Herrera, Lonnie Schaible","doi":"10.1177/08874034221150639","DOIUrl":"https://doi.org/10.1177/08874034221150639","url":null,"abstract":"Using District Attorney Declination Letters of officer-involved shootings in Denver, Colorado between 2000 and 2020 (N = 132) and drawing on the Narrative Policy Framework, this study examined how prosecutors use of narrative strategies varied with legal and extra-legal characteristics of shooting. Findings indicated that prosecutors were more likely to likely to praise police shootings involving armed subjects, independent witnesses, and injuries to officers. Surprisingly, prosecutors were less likely to praise officers involved in the shooting of African American subjects, unarmed suspects, and in shootings involving a standoff. Findings suggest that while prosecutors largely draw upon legal criteria to justify not prosecuting police, their narrative accounts of declining to pursue criminal charges are also sensitive to extra-legal variables. Implications for theory, practice, and research are discussed.","PeriodicalId":10757,"journal":{"name":"Criminal Justice Policy Review","volume":"34 1","pages":"211 - 235"},"PeriodicalIF":0.0,"publicationDate":"2023-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44945110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-24DOI: 10.1177/08874034221146885
Brian Renauer, Christopher M. Campbell, Mark Harmon Leymon, A. Leymon
This study examines sentencing outcomes of Justice Reinvestment Initiative (JRI) focused on reducing incarceration by encouraging downward departures to community-based sanctions in presumptive prison cases. The sample includes 3,930 defendants enrolled in the JRI program. Pre-adjudication assessment reports and a judicial settlement conference were used to help the court decide if a case warranted a departure offer. A quasi-experimental design with propensity score matching balanced JRI program defendants to 1,153 historic defendants that would have been eligible in the previous year. Logistic regressions assessed the impact of both program participation and race/ethnicity, controlling for other factors on prison versus probation sentence outcomes and sentence length in prison outcomes. On average, across all racial groups, program participants are 52% less likely to go to prison. The impact of participation on sentencing outcomes was also equitable across the race/ethnicity of defendants. However, the program did not affect sentence length of prison outcomes.
{"title":"Circumventing the Sentencing Grid: Encouraging Downward Departures in Presumptive Prison Cases","authors":"Brian Renauer, Christopher M. Campbell, Mark Harmon Leymon, A. Leymon","doi":"10.1177/08874034221146885","DOIUrl":"https://doi.org/10.1177/08874034221146885","url":null,"abstract":"This study examines sentencing outcomes of Justice Reinvestment Initiative (JRI) focused on reducing incarceration by encouraging downward departures to community-based sanctions in presumptive prison cases. The sample includes 3,930 defendants enrolled in the JRI program. Pre-adjudication assessment reports and a judicial settlement conference were used to help the court decide if a case warranted a departure offer. A quasi-experimental design with propensity score matching balanced JRI program defendants to 1,153 historic defendants that would have been eligible in the previous year. Logistic regressions assessed the impact of both program participation and race/ethnicity, controlling for other factors on prison versus probation sentence outcomes and sentence length in prison outcomes. On average, across all racial groups, program participants are 52% less likely to go to prison. The impact of participation on sentencing outcomes was also equitable across the race/ethnicity of defendants. However, the program did not affect sentence length of prison outcomes.","PeriodicalId":10757,"journal":{"name":"Criminal Justice Policy Review","volume":"34 1","pages":"261 - 290"},"PeriodicalIF":0.0,"publicationDate":"2023-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48054862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}