Law and Human Behavior最新文献

Objectives: A sizeable percentage of federally sentenced child pornography offenders have no history of other criminal offenses (hereinafter "child-pornography-exclusive offenders"). There is a critical legal need to assess the recidivism risk of this population. The Child Pornography Offender Risk Tool (CPORT) is a commonly used actuarial instrument developed specifically to assess the risk of recidivism among child pornography offenders.

Hypotheses: We hypothesized that there would be a sound scientific basis supporting the use of the CPORT in the United States as well as research demonstrating its applicability to child-pornography-exclusive offenders, given that the instrument is currently being used in forensic settings.

Method: We critically examined all of the existing empirical studies that constitute the research base of the CPORT.

Results: The empirical studies of the CPORT suffer from at least three significant limitations: extremely small samples of recidivists, inordinate amounts of missing data, and potentially outdated samples. Further, none of the studies have tested the CPORT in a sample of offenders in the United States. An illustrative example of how the instrument has been misapplied in forensic settings and courtroom testimony is provided.

Conclusions: These issues make it inappropriate to use the CPORT on child-pornography-exclusive offenders in the United States at this time. We conclude by describing avenues for future research that can advance our understanding of this distinct and growing population of offenders. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objective: Victim impact statements (VISs) are testimonies that convey the emotional, physical, and financial harm that victims have suffered as the result of a crime. Although VISs are often presented to the court at sentencing, it is unclear whether they impact judicial decisions regarding sentencing.

Hypotheses: We did not have any formal a priori hypothesis but instead examined five research questions. The first two explored whether the relationship between the victim and the offender, as well as the type of crime, was associated with differences in the likelihood of VIS submission. The following two explored whether the presence of a VIS was associated with differences in sentencing outcomes (incarceration, probation, ancillary orders, parole eligibility). The final research question explored whether the number of VISs and the delivery format (oral vs. written) was associated with differences in sentencing outcomes.

Method: We coded and analyzed 1,332 sentencing rulings across Canada from 2016 to 2018 that included the phrase "impact statement." We coded for 87 variables, including information about the VIS, the victims and offenders, crime type, and sentencing outcomes.

Results: Overall, VISs are more likely to be delivered in cases in which the crime is more severe. Once we controlled for the type of crime, sentencing outcomes were unrelated to the presence of VISs. Sentences were longer when VISs were delivered orally than in written format and when more than one statement was submitted.

Conclusions: The relationship between VISs and sentencing outcomes is closely tied to several extralegal factors and should be investigated further. This research offers insight into the mechanics of victim evidence at sentencing. The findings of this study have implications for lawyers, researchers, judges, victims, offenders, and other stakeholders in our legal systems. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objective: Juvenile courts that apply the risk-need-responsivity (RNR) model should periodically reassess youths and observe reductions in risk. There is a gap in knowledge concerning the reliable implementation of the specific responsivity principle of the RNR model, which emphasizes considering youths' unique characteristics to support rehabilitation success. In the present study, we aimed to identify whether specific responsivity factors (i.e., age, gender, and race/ethnicity) and supervision experiences (i.e., time under supervision and participation in judicial programs) effect changes in risk scores.

Hypotheses: We anticipated that (a) time under supervision would be negatively associated with dynamic risk, (b) participation in judicial programs would be positively associated with dynamic risk, and (c) race/ethnicity (not age or gender) would moderate the relationship between supervision experiences and dynamic risk.

Method: The sample consisted of 360 youths who served probation in a midwestern court. We tested multilevel models to determine differential impacts of supervision experiences on dynamic risk across responsivity factors, controlling for initial risk scores and offense seriousness.

Results: Partially confirming our hypotheses, results showed that spending longer periods on probation and being referred to judicial programs were both associated with negative changes in risk scores (i.e., risk scores increased over time). There was no effect of age or gender; however, race/ethnicity predicted dynamic risk. The average change in risk score was 1.81 units lower for historically marginalized youths (b = -1.82, SE = 0.68, p = .01), and the magnitude of the effect was significantly driven by multiracial youths. As expected, race/ethnicity moderated the relationship between time on probation and changes in risk scores.

Conclusions: Findings indicate that improper application of the specific responsivity principle of the RNR model may diminish desired rehabilitation outcomes. Closing this theory-to-practice gap would improve court supervision experiences for all youths. In future studies, researchers should continue investigating specific responsivity factors and the dynamic validity of risk assessment. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objective: This study examined the degree to which polygraph results affected evaluators' decisions regarding patients committed as sexually violent persons (SVPs) in Wisconsin. Specifically, we examined evaluators' opinions on patients' significant progress in treatment (SPT), suitability for supervised release, and suitability for discharge.

Hypotheses: We hypothesized that having failed a polygraph during the prior year would predict evaluators' opinions that patients did not meet criteria for SPT, supervised release, and discharge from civil commitment even after analyses controlled for other factors related to evaluators' decision making. Similarly, we hypothesized that patients taking and passing polygraphs in the year before the evaluations would predict positive recommendations for the aforementioned outcomes.

Method: All patients civilly committed under Wisconsin's SVP statute who had a Treatment Progress Report (TPR) and a Chapter 980.07 evaluation completed by a state-employed forensic evaluator in 2017 were eligible for this study; we selected a random sample of 158 participants. TPR and 980.07 evaluation reports were coded to reflect evaluators' opinions regarding SPT, supervised release, and/or discharge. All polygraph types and outcomes completed within the review period were coded.

Results: Results indicated that taking and passing polygraphs significantly predicted favorable evaluator opinions regarding SPT after analyses controlled for other potentially relevant factors. Polygraphs were not significantly predictive of discharge or supervised release recommendations after analyses controlled for other factors.

Conclusions: Some polygraph outcomes may affect specific evaluator opinions regarding treatment progress. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objective: Responding to the concern about racial/ethnic disparities (R/ED) in the use of risk assessment instruments (RAIs) in justice systems, previous research has overwhelmingly tested the extent to which RAI scores consistently predict recidivism across race and ethnicity (predictive bias). However, little is known about R/ED in the association between RAI measures and court dispositions (disparate application) for justice-involved youths. This study investigated predictive bias and disparate application of three risk measures-criminal history, social history, and the overall risk level-produced by the Positive Achievement Change Tool (PACT) for White, Black, and Hispanic justice-involved youths.

Hypotheses: Given the mixed evidence in existing research for predictive bias and lack of evidence for disparate application, we did not make any specific hypothesis but conducted exploratory analyses. From a clinical perspective, however, we anticipated little or no evidence to support predictive bias and disparate application of the PACT among White, Black, and Hispanic youths in the jurisdiction we examined.

Method: The sample consisted of 5,578 youths (11.4% White, 43.9% Black, and 44.7% Hispanic) who completed the PACT while in the Harris County Juvenile Probation Department, Texas. The outcome variables included recidivism (general and violent reoffending) and court dispositions (deferred adjudication, probation without placement, and probation with placement). We ran a series of moderating binary logistic regression models and moderating ordinal logistic regression models to evaluate predictive bias and disparate application.

Results: Race and ethnicity influenced how the criminal history score related to violent recidivism: This compromised the validity of the score as a predictor of recidivism. Moreover, evidence showed that the overall risk of reoffending was associated with harsher sanctioning decisions for Black and Hispanic youths than for White youths.

Conclusion: Ensuring that RAI results are consistently interpreted and used in informing decisions is as important as ensuring that RAI scores function equally well in predicting recidivism regardless of race and ethnicity. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objective: Individuals with minoritized identities are overrepresented in legal system contexts; thus, forensic mental health professionals conduct evaluations of examinees with a diversity of identities. Professional and ethical guidelines direct that these evaluations be completed in a culturally informed manner, yet many professionals still identify a need for specific guidance on how to do so. In the present study, we sought to establish consensus regarding best practices in incorporating culture into forensic mental health evaluations.

Hypotheses: Given the exploratory nature of this research, no formal hypotheses were tested. We expected that participants would concur that some practices are important to completing culturally informed forensic evaluations.

Method: We recruited two samples. Nine people with joint expertise in cultural considerations and forensic evaluations participated in a Delphi-type poll. More than half reported a minoritized racial/ethnic identity, and all identified as a man (56%) or woman (44%). Experts were surveyed regarding importance (two rounds) and relevance (one round) of recommended practices. They contributed seven additional relevant practices. Twenty-one board-certified forensic psychologists completed a one-time survey of their perceptions of best practices. These psychologists primarily identified as White (90%), and most did not identify as Hispanic or Latine (80%). They all identified as men (45%) or women (55%). This sample was asked to rate the importance of a list of practices refined during the Delphi-type poll.

Results: The majority of practices were considered important or very important by experts and board-certified psychologists. Consensus is most clear for 28 practices with means, medians, and modes all in the "important" to "very important" range at all time points.

Conclusions: There is wide agreement on the importance of particular methods for incorporating cultural considerations in each phase of the forensic evaluation process. Forensic psychologists can use this information to self-evaluate and improve their practice and to inform training. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objective: The purpose of this study was to determine whether receiving counseling services reduced future offending in a group of seriously delinquent youths through a process of chaining. In this process, a youth's perceived certainty of punishment and an increase in their cognitive agency or control mediated the services-offending relationship.

Hypothesis: The main hypothesis was that where perceptions of certainty preceded cognitive agency beliefs (perceived certainty → cognitive agency), the (target) pathway would be significant, and where cognitive agency beliefs preceded perceptions of certainty (cognitive agency → perceived certainty), the (comparison) pathway would be nonsignificant. The difference between the target and comparison pathways was also predicted to be significant.

Method: This study modeled change in 1,354 (1,170 boys, 184 girls) justice-involved youths from the Pathways to Desistance study. The number of counseling services accessed by a participant within 6 months of the baseline (Wave 1) interview served as the independent variable, and self-reported offending 12-18 months later (Wave 4) served as the dependent variable. Perceived certainty of punishment and cognitive agency were cross-lagged at Waves 2 and 3 and served as mediators.

Results: Consistent with the research hypothesis, results showed that the total indirect effect from services to delinquency through perceived certainty and cognitive agency was significant, the total indirect effect from services to cognitive agency to perceived certainty was nonsignificant, and the difference between the two effects was significant.

Conclusions: The results of this study suggest that turning points do not have to be major life events to bring about desistance and that chaining in which perceptions of certainty precede cognitive agency beliefs may play a vital role in the change process. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Objectives: To date, most research on plea bargaining has used some form of the shadow of the trial (SOT) model to frame defendant decisions. In this research, we proposed and tested a new conceptual model of plea decision-making, based on fuzzy-trace theory (FTT), for the context in which a nondetained, guilty defendant chooses between a guilty plea or trial, where both the plea and potential trial sentence entail incarceration.

Hypotheses: We predicted that plea decisions would be affected by (a) meaningful, categorical changes in conviction probability (e.g., low to moderate, moderate to high), as opposed to more granular changes within categories and (b) the presence and magnitude of categorical distinctions between plea offer and potential trial sentence rather than fine-grained differences between individual offers.

Method: We conducted three vignette-based experiments (Study 1: N = 1,701, Study 2: N = 1,098, Study 3: N = 1,232), using Mechanical Turk participants. In Studies 1 and 2, we manipulated potential trial sentence and conviction probability, asking participants to indicate either the maximum plea sentence they would accept (Study 1) or whether they would plead guilty to a specific offer (Study 2). In Study 3, we manipulated plea discount and potential trial sentence and measured plea acceptance.

Results: Maximum acceptable plea sentences were similar within and different between "groupings" of meaningfully similar conviction probabilities (Study 1). Plea rates were similar within and different between groupings that comprised plea offers of similarly meaningful distance from the potential trial sentence (Study 3). The results also provide insight into the plea rates that might be expected under different combinations of the independent variables (Studies 2 and 3).

Conclusions: These results support a new conceptual model of plea decision-making that may be better suited to explaining case-level differences in plea outcomes than the SOT model and suggest that future research extending this model to a wider range of contexts would be fruitful. (PsycInfo Database Record (c) 2023 APA, all rights reserved).