Examining the Impact of Prior Criminal Justice History on 2-Year Recidivism Rates: A Comparison of Drug Court Participants and Program Referrals

Author(s):  
Lisa M. Shannon ◽  
Afton Jackson Jones ◽  
Jennifer Newell ◽  
Connie Neal

Drug courts seek to break the cycle of substance use and crime by providing a community-based intervention to individuals with criminal justice involvement and substance-related issues. This study examined recidivism over a 2-year follow-up period as well as factors associated with recidivism for a sample of drug court participants (i.e., graduates and terminators) and a non-equivalent comparison group (i.e., individuals referred/assessed for the program who did not enter). In the 2-year follow-up window, fewer drug court graduates had any convictions compared with program terminators and referrals; specifically, fewer drug court graduates had drug trafficking convictions compared with program terminators and referrals. Fewer graduates were arrested and incarcerated in jail and/or prison in the 2-year follow-up; furthermore, graduates had spent less time incarcerated compared with program terminators and referrals. Demographics (i.e., age, race, marital status) and prior criminal justice system involvement were associated with recidivism; however, these factors had differential impacts for the three groups (i.e., graduates, terminators, and referrals). Drug court shows promise as a community-based intervention that helps keep individuals out of the criminal justice system during a 2-year follow-up period.

2017 ◽  
Vol 3 (1) ◽  
pp. 61-74
Author(s):  
Chris Blatch ◽  
Andrew Webber ◽  
Kevin O’Sullivan ◽  
Gerard van Doorn

Purpose The purpose of this paper is to determine recidivism costs and benefits for 1,030 community-based male offenders enrolled in a domestic abuse program (DAP) compared to an untreated control group (n=1,030) matched on risk factors. Design/methodology/approach The study time frame was October 1, 2007-June 30, 2010 with reconvictions measured to December 31, 2010. Follow up averaged 19 months. Controls received standard community supervision, but no domestic violence group interventions. Follow up measures included court costs for violent and non-violent reconvictions; re-incarcerations and community-based orders costs measured in days. Findings Adjusting for time at risk, DAP enrollees had 29 percent fewer reconvictions, 46 percent fewer violent reconvictions, 34 percent fewer custodial days, but 23 percent more days on community orders. Costs: DAP enrollment avoided $2.52 M in custodial costs, but higher community correction costs (+$773 K) and court costs (+$5.8 K), reducing the DAP’s criminal justice system cost savings to $1.754 M ($8.92 M for the DAP group compared to $10.67M for controls). Cost benefits: when the 64 DAP program costs were deducted ($602 K), the net benefit to the New South Wales criminal justice system was $1,141 M, or $1,108 per enrollee, providing a net benefit/cost ratio of 2.89. If the DAP was completed, the net benefit was $1,820 per offender. These results compares favorably to economic evaluations of other community-based interventions. Practical implications Group interventions for domestically violent (DV) offenders can provide good investment returns to tax payers and government by reducing demand on scarce criminal justice system resources. The study provides insights into justice costs for DV offenders; a methodological template to determine cost benefits for offender programs and a contribution to cost-effective evidence-based crime reduction interventions. Originality/value Using a rigorous methodology, official court, custodial and community correction services costing data, this is the first Australian cost benefit analysis of a domestic violence group intervention, and the first to justify program expenditure by demonstrating substantial savings to the criminal justice system.


2019 ◽  
Vol 17 (2) ◽  
Author(s):  
Sylvia Reitmanova ◽  
Robyn Henderson

The purpose of this policy review was to critically examine the Aboriginal Justice Strategy (AJS), which is a federal governmental program founded in 1991 to combat the problem of high rates of criminality in the Aboriginal population in Canada. Considering the high recidivism rates of AJS program participants, we suggest the AJS is not as effective in achieving its objectives. Looking at this strategy through a lens of structural social work, we found that it is inattentive to the impact of structural factors on criminality in some Aboriginal communities, groups, and individuals. Also, the strategy does not take into consideration gender-based factors that influence the interaction of Aboriginal men and women with the criminal justice system, which is profoundly different. Moreover, the strategy is inattentive to the five pathways that often bring Aboriginal women into contact with the criminal justice system - poverty, violence, sex trade, mental illness, and addiction. These pathways are inherently linked to the primary structures of colonialism, racism, and sexism, which continue to oppress Aboriginal women in Canada. For these reasons, we proposed that gender-based analysis would be useful for an improved understanding of these pathways. We also provided several recommendations for lowering the rates of crime committed by Aboriginal women, which include, state supported economic investments for community development, job creation, education attainment, and employability skills as well as policies against homelessness and supports for trauma, addictions, and mental health issues.


Author(s):  
Richard Boldt ◽  
James L. Nolan

Several thousand drug courts operate in jurisdictions throughout the United States. Similar courts have been established in Canada, Australia, the United Kingdom, and elsewhere. The first drug court appeared in Dade County, Florida, in 1989. This initial effort and other first-generation drug courts helped to establish a model for subsequent problem-solving courts focused on substance use disorders, mental illness, domestic violence, and other circumstances that frequently co-occur with criminal justice system involvement. A range of problem-solving courts—including mental health courts, DUI (driving under the influence) courts, veterans courts, prostitution courts, re-entry courts, and gambling courts—have been developed both in the United States and internationally based on the drug court model. The design of these specialty courts emphasizes collaboration rather than an adversarial due-process-based approach to decision-making, therapeutic interventions instead of the legal resolution of disputed cases, and informal, individualized engagement by judges and other court actors. Key features of the drug court model include the placement of defendants in treatment programs, the close judicial monitoring of defendants though periodic status hearings, and the use of criminal penalties as leverage to retain defendants in treatment. Some drug courts engage criminal defendants prior to the adjudication of their charges, but increasingly these courts operate post-plea with the imposition of program requirements as conditions of probation or a suspended sentence. Drug courts have been a politically popular response to the problems of over-incarceration and criminal system overload produced in part by the late-20th-century “war on drugs.” Outcome studies often report successes in reducing drug use and criminal recidivism. Significant critiques of the drug court model and of problem-solving courts more generally have been offered, however, raising questions about the reliability of the outcome studies and about other negative consequences of the model, including net-widening, debasement of the therapeutic intentions of the enterprise, and other distortions in both the behavioral health treatment system and the criminal justice system.


2019 ◽  
Vol 46 (3) ◽  
pp. 282-303 ◽  
Author(s):  
Eliana Sarmiento ◽  
Kate Seear ◽  
Suzanne Fraser

Alcohol and other drug testing is used in a range of environments including workplaces, schools, sporting tournaments, substance treatment and criminal justice system settings. It is also the cornerstone of the drug court model. Despite its centrality, it has received little scholarly attention. In this article, we address this gap through a study of how the drug-testing regime unfolds at one Australian drug court. Based on ethnographic observation, qualitative interviews with drug court participants, and analysis of drug court documents, this article examines how participants experience drug testing. Drawing on Carol Bacchi’s poststructuralist policy analysis framework, we examine how the “problem” of substance “dependence” is conceptualized in one drug court’s approach to drug testing, and we consider some of the effects of the policy. We argue that the everyday and seemingly mundane ritual of urination becomes a core technique for the governance of drug court subjects and note that the testing regime is onerous, regimented, and invasive. We also trace some of the effects of this policy and its implementation for participants. We suggest that the urine-testing regimen might operate counterproductively, intensifying participants’ involvement with the criminal justice system. Its reliance on an abstinence model may heighten exposure to substance-related harms and segregate drug court participants from the “rest of society,” inhibiting other aspects of their lives, including their relationships and employment prospects. Overall, we argue that these effects are at odds with the stated purposes of the drug court. We conclude with some reflections on claims about the therapeutic value and potential of drug courts and suggest opportunities for reform.


2020 ◽  
Vol 32 (5) ◽  
pp. 272-275
Author(s):  
Thomas J. Farrell

Amendments to the compassionate release provisions of the federal First Step Act and Second Chance Acts provide some opportunity for release for elderly and infirm federal inmates. This article examines the reentry successes of three Pennsylvania state inmates, all convicted of homicide, who won their release as re-sentenced juvenile lifers or through commutation. The author came to know them through a reentry group affiliated with a Pittsburgh university. Their success and scholarship about the low recidivism rates for violent offenders over the age fifty suggest that the criminal justice system should abolish the imposition of life sentences. More than avoid recidivism, each of these returning citizens has made positive contributions to their communities, both in and out of prison. They are working, obtaining educations, engaging in charitable work and political advocacy, and writing about their experiences. Their example and their description of many similarly-situated older inmates still in prison teach that society should not rest the argument for their release solely on compassion and pity. Rather, older inmates have learned coping skills that can help restore the communities that their crimes harmed and that they were taken from during their incarceration. For these reasons, the author suggests that prison sentences generally should provide for release after an inmate serves twenty-five years and attains the age of fifty.


Author(s):  
Gianni Ribeiro ◽  
Emma Antrobus

Public confidence in the criminal justice system is critical for the system to function effectively. Two studies investigated the impact of jury sentencing recommendations on public confidence using procedural justice theory. The first study (N = 80) manipulated the presence of jury involvement in sentencing (voice present versus voice absent) and the punitiveness of the minimum non-parole period (more punitive versus less punitive) to examine whether giving juries a “voice”—a key element of procedural justice—would increase public confidence in the courts, as well as perceptions of fairness and legitimacy. Contrary to predictions, results revealed that a more punitive sentence led to increased perceptions of legitimacy, which was associated with higher confidence. The second study (N = 60) examined whether manipulating the Judge’s agreement with the jury’s recommendation—as well as the Judge’s reason for disagreement—would elicit the “frustration effect,” leading to a decrease in confidence and perceptions of fairness and legitimacy. There was no evidence to suggest that the frustration effect was present. Results of both studies could suggest that jury sentencing recommendations may not effectively increase public confidence and perceptions of fairness and legitimacy in the courts, however alternate explanations are discussed.


Author(s):  
Tenzin Butsang ◽  
Flora Matheson ◽  
Jerry Flores ◽  
Angela Mashford-Pringle

Over the last decade, there has been a dramatic increase in the number of incarcerated Indigenous women within Canada’s federal prisons. More than half of these women also identify as single mothers of multiple children, extending the scope of incarceration’s impact across generations. While maternal incarceration has been shown to contribute to a myriad of issues in children, including mental illness and increased mortality, there are few qualitative studies where previously incarcerated Indigenous women have been asked directly about the impact of incarceration on their wellbeing and mothering. This project will utilize a community-based research methodology that centers the voices of previously incarcerated Indigenous mothers by examining the commonalities and distinctions in their lived experiences. We will (1) identify the mental, emotional, spiritual, physical, and relational implications of incarceration for Indigenous mothers, (2) explore Indigenous concepts of motherhood and kinship, (3) identify the unique needs of this population in the criminal justice system, and (4) inform new and existing programs and services directed towards Indigenous mothers involved in the criminal justice system. Semi-structured individual interviews with previously incarcerated Indigenous mothers and Sharing Circles (focus groups) with key stakeholders, including Elders, Healers, and community partners involved in the criminal justice field will form the core knowledge for the project. This project will address a critical gap in public health research concerning the wellbeing of marginalized and incarcerated individuals and contribute significantly to our understanding of the experiences of Indigenous women in the criminal justice system. Through a collaborative partnership with several key Indigenous-centred organizations, the knowledge generated will be used to inform and develop decarceration programming and supports for previously incarcerated Indigenous mothers, establishing concrete measures to reduce the overrepresentation of Indigenous women in the Canadian criminal justice system, now and into the future.


Author(s):  
David DeMatteo ◽  
Kirk Heilbrun ◽  
Alice Thornewill ◽  
Shelby Arnold

This chapter provides an introduction to the scope of the problems facing the criminal justice system, with a specific focus on the overrepresentation of mental illness and substance abuse among justice-involved individuals. After discussing the “revolving door” and increased incarceration and recidivism rates among mentally ill and drug-involved offenders, the authors introduce therapeutic jurisprudence and the other foundational principles and common themes of problem-solving courts. This discussion illustrates the paradigm shift away from punishment and toward rehabilitation and increased collaboration among different entities within the criminal justice system. The chapter concludes with a brief review of the contents of the volume.


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