sentencing - psychology & the law...child molesters with female victims ranged between 10 and 29...
TRANSCRIPT
Sentencing Controversies in Corrections
Goals of Punishment
Incapacitation Retribution Rehabilitation Deterrence
Sentencing Decisions
By the psychologist? Sentencing, commitment, parole, post-
sentence commitment Risk Assessment (Future Dangerousness &
Likelihood to Recidivate) Clinical vs. Actuarial assessments
Decision grid
PREDICTION
OUTCOME
VIOLENT NON-VIO
VIOLENT True Positive
False Positive
NON-VIO False Negative
True Negative
What are we really dealing with? Defining recidivism Arrest vs. Conviction
vs. Incarceration Type of re-offense Time followed
First offenders: 22.6% Generally rates go
from 26-69% recidivism on average (under 25% for those given probation) Recidivism rates were
not dropping in the 1990s
Current Recidivism
Note, does use most conservative measure: Re-imprisonment National Average down 5% (45-40)
Thought Question
True or false: Sex offenders have a higher rate of
recidivism than any other crime
Why do you believe what you believe? If you say “true” – what evidence do
you have? Likewise, if you say false, what evidence do you have?
Sex offenders
FALSE Research has shown that the recidivism rates
for sex offenders are much lower than for the general criminal population. Hanson and Bourgon (2004) in a study of 31,216 sex
offenders found that, on average, the observed sexual recidivism rate was 13%, the violent non-sexual recidivism was 14%. Meanwhile, general recidivism was 36.9%.
Higher rates for violent rapists (17.4% - but still well-below average for violent offenders generally)
2005
Taking into account type of sex offense
Marshall and Barbaree (1990) found in their review of studies that the recidivism rate for specific types of offenders varied:
Incest offenders ranged between 4 and 10 percent. Rapists ranged between 7 and 35 percent. Child molesters with female victims ranged between 10
and 29 percent. Child molesters with male victims ranged between 13
and 40 percent. Exhibitionists ranged between 41 and 71 percent. Keeping in mind that these recidivism rates were not
necessarily for another sex offense. Further, there was a wide variation in samples used. Clinical vs. General.
Why might recidivism rates be lower?
Depends on definition of recidivism Harder to convict
Depends on length of time followed Longer = better
Under-reporting of sex offenses No report = no arrest
Definition of “sex offender”/sample But even taking these factors into account…
Thought Question
True or false: Treatment for sex offenders is
ineffective.
Again, if you say “True” why do you believe this to be true (what
evidence do you have)? If you say “False” – why?
Sex offender treatment
True or false: Treatment for sex offenders is ineffective. Better for juveniles Can depend on type of
treatment But generally, at least
small significant differences found in meta-analyses (APA, 2002)
Perceptions Sex Offender Initiatives
Megan’s Law: Registry & Notification http://sor.mdps.state.ms.us/
Chemical Castration Involuntary Commitment Kansas v. Hendricks, 1997 Kansas v. Crane, 2002 “Serious difficulty in self-control”
Critiques of Commitment of Sex Offenders
Turning mental institutions into secondary prisons (therapists and orderlies are not corrections officers)
Cost is 3-8 times what it would cost to keep them in prison
Putting non-dangerous mentally ill persons in danger Sex is common (including transmission of STDs),
sometimes forced Criteria for determining commitment is ambiguous Often little to no treatment is afforded – sex offenders
are not homogenous where one “treatment” = fix Many people incarcerated have no treatable mental
illness Mental Institutions already over-crowded and under-
funded
Sentencing Decisions
By the psychologist? By the judge Disparate vs. Determinate
Sentencing Decisions
By judges… Disparities Tax Evasion & Credit Card Fraud 3 years, no fine? 20 years, $65,000 fine?
Judicial discretion = Vast Differences Greater perceived arbitrariness
Determinate Sentencing E.g. Three Strikes Rule
Sentencing Decisions
By the psychologist? By the judge Disparate vs. Determinate Incarceration (Prison or Jail) vs. Probation Minimum Security Maximum Security
Imprisonment The United States has a larger proportion of it’s population in
prison or jail than any other country. (almost 1 for every 100 people, over 2.3 million)
18% of Americans are in some stage of “punishment” 2009 first year to show decline in incarceration rate
Imprisonment Since the 1980’s
there has been a 76% increase in the prison population Largest increase
due to “war on drugs” Prison population
more than doubled between 1983 & 1993 60% of prisoners are
being held on drug-related offenses Three strikes also
contributes As does adult crime
= adult time Overcrowding
Cost of Imprisonment State correctional expenditures
increased 145% in 2001 constant dollars from $15.6 billion in 1986 to $39 billion in 2010
Federal prison expenditures increased 150% from $11.7 billion to $29.5 billion.
There has been a 30% increase in prison funding in the 10 years pre-recession
Cost approx. $27,134 a year per prisoner (twice as much as the average prisoner earning – a third of prisoners made less than $5000 a year) Higher rates for higher security $60,000 a year for prisoners over
55 Three times the cost to execute
Prison Conditions Health conditions
HIV/AIDS: 13 times higher New strains Rates of mental illness 3 times higher in prison population (1.25 million)
Drug use: 11% of prison population Suicide rates: 20 times higher (7.7 times higher than that for
juveniles) Rape: 1 in 5 men assaulted, 1 in 10 men raped (5 times higher for
juveniles) Typically non-violent first time offenders 7-27% rape rates in women’s prisons (by guards) Prison Rape Prevention Act of 2003
Assault: 56.7 – 71%, 10-21% resulting in medical attention Excessive force: Approx 12,000 cases filed a year
Murder: 4-10 per 100,000 inmates Higher for arsonists, parole violators, and kidnappers.
Psychological impact – Stanford Prison Study
Rehabilitation Treatment and Rehabilitation Only 40% of prisoners with substance abuse problems
receive treatment With treatment, recidivism rates decline 20-79% (CDC,
1999) Example: A recent California Bureau of Prisons
study showed that: of those inmates with a substance abuse need those who receive in-prison substance abuse treatment and aftercare recidivate at less than half the rate of those who receive neither (30.7 percent compared to 62.7 percent, respectively). In an Arizona study: Similar drops in recidivism
and 77.5% tested drug free. (Arizona first state to divert all non-violent drug offenders into probation.)
Rehabilitation Treatment and Rehabilitation Texas prison population over past five years shrink
attributed to rehabilitation and reforms “Specialty” courts for veterans, prostitutes, and those with
substance abuse issues Electronic monitoring Community-based probation for low-level offenders Has helped to close half of juvenile detention facilities
Expanded in-prison treatment programs Cost for probation & treatment, $16 a day
In Louisiana, Tulane ran a Project Return program 90 days, ex-inmate receives education, counseling, job
training, and job placement. Cost $2000 per inmate (compared to $63,000 for a year’s
sentence) 5.6% recidivism
Rehabilitation Only approximately 4.7-37% of prisoners with mental
illness receiving treatment Direct contact with a therapist is rare and mediated contact
occurs sometimes only once every 6 months. Only 231 prisons in the U.S. are licensed to provide mental
health care (out of approximately 1200 state prisons [153 private, 116 federal])
20% of male inmates – general population – receive some sort of therapy
18% decline in funding educational programs between 1980-2000 “Nothing works” attitude (Martinson, 1974) => similar declines in
rehabilitation funding Yet, new data shows success: In Ohio, inmates who completed
degrees via a Wilmington College program exhibited an 18% recidivism rate vs. the state average of 40%
In Boston, those completing a Boston University degree had a 5% recidivism rate
Effective Rehabilitation
1. Correct educational & job skill deficits 2. Change attitudes that promote criminal
behavior 3. Improve self-awareness and self-esteem 4. Enhance interpersonal skills 5. Reduce drug abuse 6. Reduce contact with deviant peers 7. Promote pro-social behavior
Sentencing Decisions
By the psychologist By the judge By the warden By the jury
Solitary The Issue of Solitary Confinement
Alternative to Rehab? Psychological impact
Loss of self-regulation, cognitive/social skills 25-50% rates of mental illness 1 out of every 10 solitaries in the
psychiatric shoe at some point during their segregation And there is a waiting list
Violence and Incarceration rates have only increased
Often decided by prison wardens http://www.youtube.com/watch?v=JInoR0h2nhM
Deterrence General v. Specific For punishment to effectively deter behavior:
1. Must be prompt 2. Certain to occur 3. Strong 4. Perceived as justified
Also, add that: No evidence that crimes are committed with
consideration of consequences Often emotional Drug or alcohol facilitated Sometimes without fear of harm to self And if rational = “rationalized” = not caught, not convicted, not
punished
Deterrence and the Death Penalty
Brutalization effects (Bailey, 1998; Bandura, 1986; Bowers, 1988; Bowers & Pierce, 1980; Huesman et al., 2003)
“In light of the massive amount of evidence before us, I see no alternative but to conclude that capital punishment cannot be justified on the basis of its deterrent effect.” Justice Marshall, U.S. Supreme Court, Furman v. Georgia, 1972
Other Issues with the Death Penalty
Innocents executed? Cost Racial inequity For the victims? Victim impact statements Public opinion Life, parole, restitution
Cameron Willingham, Executed February 2004 Exonerated August 2009
Thought Question: Prison Alternatives
Given the current state of our prison system, do you think changes are needed? If so, what changes? And what do you think might be viable alternatives to prison sentences? For example, some have suggested the following be used more often: Fines & Restitution – Monetary & Labor Probation House arrest Electronic monitoring Shock incarceration Intermediate sanctions with therapy Residential community corrections centers