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The assessment of an offender's risk of recidivism is emerging as a key consideration in sentencing policy in many US jurisdictions. However, little information is available on how actual sentencing judges view this development. This study surveys the views of a population sample of judges in Virginia, the state that has gone further than any other in legislatively mandating risk assessment for certain drug and property offenders. Results indicate that a strong majority of judges endorse the principle that sentencing eligible offenders should include a consideration of recidivism risk. However, a strong majority also report the availability of alternatives to imprisonment in their jurisdictions to be inadequate at best. Finally, most judges oppose the adoption of a policy requiring them to provide a written reason for declining to impose alternative interventions on "low-risk" offenders., (© 2018 John Wiley & Sons, Ltd.)

Recent United States Supreme Court decisions in Miller v. Alabama (2012) and Montgomery v. Louisiana (2016) have created the need to resentence individuals who received a sentence of mandatory life without parole (LWOP) for offenses committed when they were younger than 18 years old. Neither of these decisions explicitly cite reoffense risk as a sentencing criterion, but a careful reading of the reasoning in these cases suggests that such a risk should be among the considerations addressed by resentencing courts. If so, important theoretical and scientific questions are raised about the nature of risk assessment tools, in particular the distinction between static and dynamic risk factors. Additionally, the novelty of LWOP resentencing raises further questions about the applicability of these tools to individuals who have been incarcerated for long periods of time. We address these questions, call for additional research on dynamic risk factors, and offer recommendations for professionals involved in these types of assessments., (© 2018 John Wiley & Sons, Ltd.)

The Miranda Rights Comprehension Instruments (MRCI) are intended to be administered to legally involved youths in a setting free from distractions and stressors with the explicit goal of assessing the examinee's best understanding. However, marked disparities have been observed between juveniles' MRCI performance and their unassisted recall of a representative Miranda warning. We hypothesized that youths' very strong MRCI performance might be partially due to prompts and clarifications used whenever incomplete or ambiguous answers are provided. In this archival study, we systematically re-scored three MRCI instruments from 231 legally involved youths to evaluate their original responses (i.e., non-queried scoring). This approach is viewed as more ecologically valid because actual Miranda warnings are typically provided in a routine manner without assistance following each Miranda component. For the large majority of legally involved juveniles, only small differences were noted between standard and non-queried scoring. However, some dramatic decrements were observed, especially on the Comprehension of Miranda Rights-II (CMR-II). More specifically, 15.7% of CMR-II percentiles dropped precipitously by 60% or more, when using the non-queried scores. The results are discussed within the context of optimized performances versus ecological validity as applied to Miranda evaluations., (Copyright © 2018 John Wiley & Sons, Ltd.)

Criminal defendants have a fundamental right to a fair and speedy trial. However, individuals found incompetent to stand trial are unable to move forward in the adjudication process and are often mired in protracted legal proceedings. If competency restoration is statutorily permissible and can be conducted in the outpatient setting, we propose that it should be considered based on burgeoning empirical data. We present data from an outpatient forensic clinic in which individuals are conditionally released to receive competency restoration in the community. Results indicated that three variables, including being single/never married, having comorbid intellectual disability and mental illness, and having one's conditional release revoked, were negatively related to successful restoration. The final model explained approximately one-third of the variance in restorability and correctly classified 75% of cases. Results demonstrate that individuals can be safely released to the community and successfully restored to competency in the outpatient setting. Utilizing outpatient competency restoration would not only reduce strain on inpatient facilities, but would also reduce the cost of treatment. Copyright © 2017 John Wiley & Sons, Ltd., (Copyright © 2017 John Wiley & Sons, Ltd.)

The present study examined a group of 447 Dutch forensic psychiatric patients on conditional release (CR). After a brief overview of the Dutch CR system for forensic psychiatric patients is presented, two sets of factors were studied: factors associated with behavioral experts' recommendations on CR readiness (prevalence rates of recommendations in contrast to or consistent with the judge's decision on CR, written vs. oral recommendations and consensus among parties); and characteristics of forensic psychiatric patients on CR imposed consistent with or contrary to behavioral experts' recommendations (i.e., demographic variables, psychopathology, judicial background and outcomes of violent behavior). Patients on CR consistent with or contrary to the behavioral experts' recommendations did not differ in demographic background variables and psychopathology. Patients on CR contrary to the behavioral experts' recommendations, however, had more prior convictions, and their index offense more often included a sex offense and a property offense (with or without violence) as compared to patients on CR consistent with the behavioral experts' recommendations. In addition, decisions contrary to the behavioral experts' recommendations were more often reached after a 3-month continuation adjournment and after an appeal. Also, patients on CR contrary to the behavioral experts' recommendations were less often found to have been on trial leave before their CR. Finally, recidivism rates were found to be much higher for those on CR contrary to, as compared with those on CR consistent with the behavioral experts' recommendations. However, when corrected for other well-known static predictors of recidivism, this significant difference was no longer prevalent. The implications for evaluators' CR readiness reports and lessons that may be learned from the Dutch forensic psychiatric CR system are discussed. Copyright © 2016 John Wiley & Sons, Ltd., (Copyright © 2016 John Wiley & Sons, Ltd.)

Advances in criminal risk assessment have increased sufficiently that inclusion of valid risk measures to anchor assessments is considered a best practice in release decision-making and community supervision by many paroling authorities and probation agencies. This article highlights how decision accuracy at several key stages of the offender's release and supervision process could be further enhanced by the inclusion of dynamic factors. In cases where the timing of release is discretionary and not legislated, the utilization of a validated decision framework can improve transparency and potentially reduce decision errors. In cases where release is by statute, there is still merit in using dynamic risk assessment and case analysis to inform the assignment of release conditions, thereby attending to re-entry and public safety considerations. Finally, preliminary results from a recent study are presented to highlight the fact that community supervision outcomes may be improved by incorporating changes in dynamic risk into case planning and risk management, although this work requires replication with larger populations reflecting diverse groups of offenders. Nonetheless, these decision strategies have implications for both resource allocation and client outcomes, as outlined here. Copyright © 2016 John Wiley & Sons, Ltd., (Copyright © 2016 John Wiley & Sons, Ltd.)

The objectives of this study were to describe the disposition and housing trajectories of individuals found Not Criminally Responsible on account of Mental Disorder (NCRMD), and the factors that predict different trajectories. To do so, disposition and housing status were coded for 934 NCRMD patients over a 36-month follow-up period. Sequential data analysis resulted in four distinct trajectories: detention in hospital, conditional discharge in supportive housing, conditional discharge in independent housing, and absolute discharge to unknown housing. The likelihood of a placement in supportive housing compared with detention significantly decreased for individuals with a higher index offense severity. Less restrictive trajectories were significantly predicted by clinical factors. The results revealed little change in the disposition and housing trajectories of NCRMD patients. Furthermore, decisions about disposition and housing placement reflect a knowledge-practice gap between risk factors known to be predictive of community resources use in the forensic population. Copyright © 2016 John Wiley & Sons, Ltd., (Copyright © 2016 John Wiley & Sons, Ltd.)

In the Canadian forensic mental health system, a person found Not Criminally Responsible on account of Mental Disorder (NCRMD) and given a conditional discharge returns to the community while remaining under the jurisdiction of a provincial/territorial Review Board. However, the individual can be re-hospitalized while on conditional discharge, for reasons such as substance use, violation of conditions, or violence. We investigated whether being re-hospitalized has an impact on the factors associated with the subsequent Review Board disposition. Persons found NCRMD from the three largest Canadian provinces who were conditionally discharged at least once during the observation period were included in the sample (N = 1,367). These individuals were involved in 2,920 disposition hearings; nearly one-third of patients (30%) were re-hospitalized after having been conditionally discharged by the Review Board. The factors examined included the scales of the Historical Clinical Risk Management-20 and salient behavior that occurred since the previous hearing, such as substance use or violence. The greater presence of clinical items resulted in a greater likelihood of a hospital detention decision at the next hearing. The effect was larger for the re-hospitalized group than for the group who successfully remained in the community since the last hearing. The results suggest that dynamic factors, specifically indicators of mental health, are heavily weighted by the Review Boards, consistent with the literature on imminent risk and in line with the NCRMD legislation. Copyright © 2016 John Wiley & Sons, Ltd., (Copyright © 2016 John Wiley & Sons, Ltd.)

A recent trend in court is for defense attorneys to introduce brain scans and other forms of biomedical information (BI) into criminal trials as mitigating evidence. The present study investigates how BI, when considered in combination with a defendant's childhood information (CI), can influence the length of a defendant's sentence. We hypothesized that certain combinations of BI and CI result in shorter sentences because they suggest that the defendant poses less of a threat to society. Participants were asked to read accounts of the trial of a murder suspect and, based on the information therein, recommend a sentence as if they were the judge. The defendant was diagnosed with psychopathy, but biomedical information regarding that diagnosis was included or excluded depending on the BI condition. The defendant was further described as growing up in either a loving or abusive family. The results showed that, if BI was present in the trial account, the defendant from an abusive family was perceived as less of a threat to society and received a shorter recommended sentence than if the defendant had been from a loving family. If BI was absent from the account, the pattern was reversed: the defendant from a loving family was perceived as less of a threat to society and received a shorter recommended sentence than if he had been from an abusive family. Implications for the use of BI and CI in court trials are discussed, as well as their relationship to free will and the function of punishment as retribution and utility., (Copyright © 2015 John Wiley & Sons, Ltd.)

The need to develop specialized judicial processes to deal with offenders with mental illnesses is now widely recognized and has led to the introduction of mental health court diversion programs around the world. At present, however, there is only limited evidence from which to assess the impact of these initiatives. This paper describes the South Australian model of diversion, with specific reference to the relationship between identified participant characteristics, program compliance rates, and re-offending outcomes. The results of a two-year recidivism study suggest that involvement with the program has a positive impact on recidivism, but that this is independent from the individual's level of success in the program. Lower risk offenders were more likely to achieve successful outcomes than those in the higher risk categories. The implications of these results, as well the factors that might inform the ongoing development of mental health court programs, are discussed., (Copyright © 2014 John Wiley & Sons, Ltd.)

Eighty years ago, preventive detention for dangerous offenders was implemented in the German Penal Code (Section 66). In 2011, about 500 individuals were incarcerated under a preventive detention order in Germany. Through semi-structured clinical interviews and/or collateral file review, the present investigators assessed the sociobiographic, criminological, and clinical characteristics of 58 men for whom preventive detention had been ordered in two German federal states. In addition, risk assessment instruments were administered. The majority of the inmates were sexual offenders. The main mental health problems were antisocial personality disorder (APD), substance abuse/disorder, and paraphilias. Most individuals had a history of poor socialization. Structured clinical judgment as well as actuarial risk assessment instruments identified all inmates as high-risk offenders. Future development of preventive detention in Germany must emphasize treatment interventions. Given the life histories and the mental health problems of the detainees assessed in the present study, the implementation of effective treatment will prove difficult., (Copyright © 2013 John Wiley & Sons, Ltd.)

Secure preventive detention of dangerous offenders has been a major source of debate in German law and practice. Unlike the other two custodial measures of correction and security in the Penal Code (confinement in a psychiatric hospital and in a detoxification clinic), it has served mainly as incapacitation. Judgments by the German Federal Constitutional Court and the European Court of Human Rights challenged this traditional concept of secure preventive detention, which led to a redefinition of the measure. It is now conceived as an offending behavior treatment measure in a secure environment. This article reports on the background of this development and analyzes its implications., (Copyright © 2013 John Wiley & Sons, Ltd.)

Nearly two decades after the birth of American Sexually Violent Predator (SVP) laws and the tolerant review of their legitimacy by American courts, European courts and international bodies are beginning to develop a jurisprudence of their own with regard to preventive detention. Applying international human rights norms, these bodies have been significantly less tolerant of preventive detention, looking not only at their design but also at their implementation. Simultaneously, American courts are showing the beginnings of a second look at SVP laws, inspired and informed not by promises about the future implementation of newly passed SVP laws, but rather by the sorry record of two decades of implementation. This article examines an American SVP scheme as it has been implemented over 20 years, contrasts the international perspective, and offers some speculation about the path of reform for American SVP schemes., (Copyright © 2013 John Wiley & Sons, Ltd.)

While research indicates that Black and Hispanic adults sentenced in the criminal court tend to be rendered more severe punishments than their White counterparts, only one prior study has examined whether this finding holds for juveniles tried in the adult system. The findings from this sole study need replication, however, since the effects posed by trial type were not taken into account and it is likely that the results are confounded by measurement error resulting from overlap in criminal sentencing. The current study addressed these issues by assessing whether race has a direct impact on waived juveniles being criminally sentenced to restitution, probation, or jail. Data were derived from a secondary, cross-sectional national dataset on felony juvenile offenders convicted in the adult system. Three hypotheses were tested. After controlling for a number of important legal and extra-legal predictors of sentencing, race differences in sentencing outcomes were observed and the findings yielded partial support for the hypotheses. The implications of the research are noted., (Copyright © 2012 John Wiley & Sons, Ltd.)

There is little known about Hong Kong juvenile offenders on probation. The purpose of this study was to compare Hong Kong juvenile violent with non-violent probationers on static demographic and psychological variables. The study comprised 109 male juvenile probationers aged 14-20 years (M = 16.97, SD = 1.44) in community transitional housing; 34 were adjudicated for violent offenses, while 75 were non-violent. The Rosenberg Self-Esteem Scale (RSES), Satisfaction with Life Scale (SWLS), Social Bonding Scale-Theft (SBS-T), Social Bonding Scale-Violent Crime (SBS-VC), Positive and Negative Affect Scales (PANAS), Impulsiveness Scale-Short Form (IS-SF) and CRIME-PICS II were administered to measure self-esteem, life satisfaction, social bond, positive and negative affect, impulsivity, pro-offending attitudes, and self-perceived life problems. Data on onset age of delinquent behavior, age of first adjudication, number of prior adjudications, and frequency of self-reported delinquency in the past year were also collected. t-tests were consistent with significant differences for violent offenders including higher self-esteem (p < 0.05). Non-violent offenders self-reported significantly more theft (p < 0.05) with a tendency to deny victim hurt more often (p < 0.01); 76.5% of violent offenders self-reported both violent and non-violent crime, while 58.7% of non-violent offenders reported only non-violent crime. For violent and non-violent offenders, the onset of delinquency was inversely related to the frequency of self-reported delinquency. Using ordinary least-squares (OLS) regression analyses, self-anticipated violent reoffending risk was predicted by age of onset, frequency of self-reported delinquency, social bond (inversely), and impulsivity, while non-violent reoffending risk was predicted by the number of prior convictions and self-reported delinquency. Only two psychological correlates, social bond and impulsivity, were related to violent delinquency; interventions are suggested., (Copyright © 2012 John Wiley & Sons, Ltd.)

Research has not examined whether higher rates of parole denial among inmates with mental illness (MI) are the result of the increased presence of criminal risk factors among this population. Employing a representative sample of inmates with (n  =  219) and without (n  =  184) MI receiving parole release decisions in 2007, this study tested whether the central eight risk factors for recidivism considered in parole release decisions intervened in the relationship between MI and parole release. MI was associated with possession of a substance use disorder, antisocial personality disorder and violent charges while incarcerated; however, these factors were not related to release decisions. MI was found to have neither a direct nor an indirect effect on release decisions. While results indicate that release decisions appear, to some extent, to be evidence-based, they also suggest considerable discretion is being implemented by parole board members in release decisions above and beyond consideration of criminal risk factors., (Copyright © 2011 John Wiley & Sons, Ltd.)

Stalkers can inflict severe injury upon and have been known to kill their victims. Based on the detailed responses of 1,565 stalking victims, a set of key questions was produced with the aim of increasing the opportunities of police officers to identify potentially dangerous stalkers. Despite marked methodological differences and the inclusion of a large number of variables, regression analyses for significant correlates for physical assault per se and for severe violence largely reflected the results of earlier works. For severe violence (n=136), the most important correlate was a high level of victim fear, suggesting that victims are adept at assessing their own risk of stalker violence. The set of 11 questions performed well on preliminary tests and is presented here., (Copyright © 2011 John Wiley & Sons, Ltd.)

Public opinion about neonaticide (the killing of a newborn within the first 24 hours of life) has varied across time and cultures. Some nations have passed legislation on behalf of maternal offenders with the assumption that childbirth, a time of unique biological change, may lead to mental disturbance. The United States, however, makes no such distinction; offenders are prosecuted under general homicide laws. Nevertheless, U.S. courts often consider a mother's emotional and physical condition prior to and during delivery. This study includes 44 female offenders and 45 infant deaths and highlights society's ambivalence toward neonaticide offenders. The authors suggest that this ambivalence may be attributed to: (1) the perception that an offender's emotional and physical turmoil during the birth and homicide reduces her culpability; (2) the sentiment that neonaticide offenders are more "redeemable" than other offenders; and (3) the uncertainty about the personhood of a fetus or newborn., (Copyright © 2010 John Wiley & Sons, Ltd.)

Despite mixed empirical evidence regarding the ability of the Psychopathy Checklist - Revised (PCL-R) to predict violence among incarcerated inmates, it continues to be used to address such questions, even in the context of capital cases. The purpose of this study was to examine if the PCL-R has a prejudicial effect on mock jury members during the sentencing phase of a capital murder trial. Results indicated that participants were more likely to sentence the defendant to death when the defendant exhibited a high likelihood to commit future violence, whether or not the diagnostic label "psychopath" was present. Interestingly, when asked to rate the defendant's likelihood for future violence and murder, the defendant who was a high risk for future violence and not labeled a psychopath received the highest rating. These results suggest an absence of juror bias as it pertains to the label "psychopath" when sentencing a defendant in a capital murder case., (Copyright © 2010 John Wiley & Sons, Ltd.)

The present study examined public attitudes toward the sentencing, treatment, management, and perceived dangerousness of sex offenders. Seventy-eight university undergraduates completed a 25-item attitude toward sex offenders survey developed for the present study, along with a five-factor measure of personality (NEO Personality Inventory - Revised), a demographic questionnaire, and the Paulhus Deception Scale, to control for social desirability. While participants most frequently endorsed the belief that sentences were not sufficiently severe, they tended to espouse treatment and risk management alternatives to longer sentences and eschewed exceptionally severe punishments (e.g., surgical castration). Participants estimated high rates of sexual recidivism (59%), although they also estimated significantly lower recidivism rates for treated offenders. Results of a principle components analysis suggested that participant attitudes comprised two broad domains: systems attitudes (e.g., law enforcement, corrections, justice) and rehabilitative attitudes. Although few demographic differences emerged in participant attitudes, 'openness to experience' and 'agreeableness' each significantly predicted more rehabilitative attitudes, while contrary to expectations, 'extraversion' was significantly associated with more negative systems-related attitudes. The results provide support that personality traits may be linked to important social attitudes, including those toward sex offenders., (Copyright © 2010 John Wiley & Sons, Ltd.)

Following a high profile murder in 1996, the government in England moved to involuntarily contain individuals, almost all men, who were thought to be at risk of violence and to have a personality disorder. In 2008 the Dangerous Severe Personality Disorder program of assessment, commitment and treatment for this newly defined legal category of persons went into effect. The program was initially opposed by a majority of the forensic psychiatrists in England, but consistently supported by a minority.

This article reviews antisocial personality disorder, psychopathy, and violence and develops a three factor model of personality traits. Then a discussion of related personality disorders precedes the development of a categorical two factor model of impulsive versus remorseless violence. A paradigm of proactive, medical, and school based early intervention and prevention is advocated as a useful addition to the reactive detention of criminal justice. Integration of psychological tests, neuroimaging, and genomic data in early childhood and school based intervention strategies to prevent the development of conduct disorder and attenuate criminal propensity inform this approach.

In Germany, preventive detention can be imposed if a repeat offender shows a proclivity to commit further significant criminal acts. The courts require expert opinion to provide information about personality traits relevant for this disposition. However, currently, consensus about this topic is lacking. On the basis of a standardized examination, the relevance of Hare's concept of "psychopathy" for expert opinion is discussed in the context of preventive detention.