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1.
PLoS One ; 17(11): e0276237, 2022.
Artículo en Inglés | MEDLINE | ID: mdl-36322534

RESUMEN

Neuroscientific evidence is increasingly utilized in criminal legal proceedings, prompting discussions about how such evidence might influence legal decisions. The effect of neuroscientific testimony on legal decisions remains uncertain, with some studies finding no effect, others reporting that neuroscience has a mitigating impact, and some indicating neuroscience evidence has an aggravating effect. The present study attempts to explain these divergent findings by showing that the effect of neuroscience evidence on sentencing interacts with beliefs about the goals of the criminal legal system. Using a between-subjects design, participants (N = 784) were asked to assume different rationales for imprisonment, before receiving neuroscientific evidence about antisocial behavior and its potential relation to the defendant. Participants recommended a sentence for the defendant prior to and after reading the neuroscientific evidence. Participants who were given the rationale of retribution as the primary goal of imprisonment significantly decreased their sentencing recommendations. When the goal of imprisonment was to protect the public from dangerous people, participants provided longer post-testimony sentences. Lastly, when the goal was to rehabilitate wrongdoers, participants also increased sentences from pre to post. Thus, the impact of neuroscientific evidence is not monolithic, but can lead to either mitigated or aggravated sentences by interacting with penal philosophy.


Asunto(s)
Criminales , Neurociencias , Humanos , Aplicación de la Ley , Conducta Peligrosa , Derecho Penal
2.
J Public Health Manag Pract ; 28(Suppl 6): S339-S342, 2022.
Artículo en Inglés | MEDLINE | ID: mdl-36194803

RESUMEN

To better understand the behavioral health treatment needs of adults involved in the criminal justice system and to improve the continuum of services provided to this vulnerable population, Hawaii initiated a data linkage project that connects substance use and mental health data from the state Department of Public Safety with behavioral health treatment data from the state Department of Health for the State of Hawaii. Specifically, this linkage project begins to examine behavioral health treatment levels recommended by the criminal justice system and Hawaii State Hospital inpatient psychiatric admissions. We provide a preliminary summary on individuals who were both involved in the criminal justice system and received court-ordered inpatient psychiatric treatment and outline data governance procedures, future directions, and practice recommendations.


Asunto(s)
Derecho Penal , Trastornos Relacionados con Sustancias , Adulto , Derecho Penal/métodos , Hawaii/epidemiología , Humanos , Salud Pública , Trastornos Relacionados con Sustancias/epidemiología , Poblaciones Vulnerables
3.
Artículo en Inglés | MEDLINE | ID: mdl-36231947

RESUMEN

BACKGROUND: The majority of patients with a substance use disorder (SUD) in the United States do not receive evidence-based treatment. Research has also demonstrated challenges to accessing SUD care in the US criminal justice system. We conducted a systematic review of access to SUD care in the US criminal justice system. METHODS: We searched for comprehensive qualitative studies in multiple databases through April 2021, and two researchers reviewed 6858 studies using pre-selected inclusion criteria. Once eligibility was determined, themes were extracted from the data. This review provides a thematic overview of the US qualitative studies to inform future research-based interventions. This review was conducted in compliance with the Preferred Reporting Items for Systematic reviews and Meta-Analyses (PRISMA). RESULTS: There were 6858 unique abstract results identified for review, and seven qualitative studies met the inclusion criteria. Two themes were identified from these results: (1) managing withdrawal from medication-assisted treatment, and (2) facilitators and barriers to treatment programs in the criminal justice system. CONCLUSIONS: Qualitative research evaluating access to SUD care in the US criminal justice system varied, with some interventions reported not rooted in evidence-based medicine. An opportunity may exist to develop best practices to ensure evidence-based treatment for SUDs is delivered to patients who need it in the US criminal justice system.


Asunto(s)
Derecho Penal , Trastornos Relacionados con Sustancias , Derecho Penal/métodos , Humanos , Investigación Cualitativa , Trastornos Relacionados con Sustancias/epidemiología , Trastornos Relacionados con Sustancias/terapia , Estados Unidos
4.
Law Hum Behav ; 46(5): 337-352, 2022 10.
Artículo en Inglés | MEDLINE | ID: mdl-36227319

RESUMEN

OBJECTIVE: In guilty plea hearings, judges must determine whether defendants' plea decisions were made knowingly, intelligently, and voluntarily. Little is known, however, about how plea hearings unfold, especially in juvenile court, where hearings are generally closed to the public. In this study, we had the unique opportunity to systematically observe plea hearings in juvenile and criminal court. HYPOTHESES: We predicted that plea hearings would be brief and that defendant participation, especially among juveniles, would be minimal. We also explored how often judges addressed the plea validity components of knowingness, intelligence, and voluntariness and whether addressing these components differed by the type of court (juvenile, criminal), pretrial custody status, and pled-to charge severity. METHOD: Trained coders in California (n = 104, juvenile court) and Virginia (n = 140, juvenile court; n = 593, criminal court) systematically observed more than 800 guilty plea hearings. Coders reliably documented hearing length, whether the defendant was in pretrial custody, whether the evidence was reviewed, details on defendant participation, and judicial attention to plea validity. RESULTS: On average, juvenile plea hearings lasted about 7 min and criminal plea hearings lasted 13 min. Prosecutors rarely reviewed evidence against the defendants in the juvenile courts, and in one juvenile court, judges paid virtually no attention to plea validity. In the other two courts, certain waived rights (e.g., to trial, to silence) were reviewed consistently. Depending on the court, hearing length and plea validity elements addressed varied by defendants' prehearing custody status and the pled-to charge severity. CONCLUSIONS: These findings provide novel insight into how components necessary for plea admissibility-knowingness, voluntariness, and intelligence-are discussed with defendants and, in doing so, raise concerns about the degree to which plea validity is actively assessed in plea hearings. Plea hearings are formal, minutes-long events in which defendant engagement is low. (PsycInfo Database Record (c) 2022 APA, all rights reserved).


Asunto(s)
Criminales , Derecho Penal , Etilenodiaminas , Culpa , Audición , Humanos , Abogados
5.
Law Hum Behav ; 46(5): 353-371, 2022 10.
Artículo en Inglés | MEDLINE | ID: mdl-36227320

RESUMEN

OBJECTIVE: Valid guilty pleas must be made voluntarily, yet most defendants report that they did not feel part of the decision-making process or responsible for the decision. Defendants and judges both play a role in determining whether guilty pleas are voluntary. The actor-observer bias suggests that defendants and judges perceive the decision-making process differently given the nature of their roles. The present studies applied this framework to assess the complexity of voluntary plea decision-making. HYPOTHESES: We expected observers would rate pleas as more voluntary than would actors. We also expected participants to rate pleas made by guilty defendants as more voluntary than those made by innocent defendants and to view pleas made with voice as more voluntary than those made without voice. Finally, we expected the effect of guilt and voice on voluntariness to differ for actors and observers. METHOD: Participants were Amazon's Mechanical Turk workers (Study 1: N = 202, Study 2: N = 626) who had a history of high-quality performance on past tasks, were roughly evenly split between men (Study 1: 52%, Study 2: 53%) and women (Study 1: 48%, Study 2: 47%), and were primarily White/non-Hispanic (Study 1: 84%, Study 2: 75%). They watched video-recorded materials about a criminal case in which a defendant decided how to plead. The materials varied the participant's role (actor, observer), the defendant's guilt (innocent, guilty), and whether the defendant had a voice in the decision-making process (no voice, voice). Participants then rated the voluntariness of the decision-making process. RESULTS: In both studies, actors rated pleas as more voluntary than did observers. Participants rated guilty pleas as more voluntary when the defendant was guilty compared with innocent. Participants also rated pleas as more voluntary when the defendant had a voice in the decision-making process compared with when the defendant did not have a voice, but the difference was bigger for observers than for actors. CONCLUSIONS: Defendants and judges both determine whether a guilty plea is made voluntarily. These decision-makers are likely to perceive the plea decision-making process differently given their differing perspectives. There was also a large effect of voice on whether decisions were perceived to be voluntary. Individuals who play a role in the plea decision-making process should ensure that defendants have a proper opportunity to express their opinions and preferences about the decision. (PsycInfo Database Record (c) 2022 APA, all rights reserved).


Asunto(s)
Criminales , Culpa , Derecho Penal , Toma de Decisiones , Emociones , Femenino , Humanos , Masculino
6.
Psychol Serv ; 19(4): 607-608, 2022 Nov.
Artículo en Inglés | MEDLINE | ID: mdl-36301301

RESUMEN

COVID-19 has brought renewed attention to the physical and mental health needs of underserved populations and the settings that assist them in receiving services. This introduction presents six articles of a special section on disease management approaches used within criminal justice settings to address such needs. Articles span a range of settings, including prisons, jails, mental health courts, forensic settings, and crisis units. Collectively, the articles in this special section discuss medical conditions, substance use, and mental health. They provide information on the diverse approaches taken across various settings in managing the physical and mental health challenges of those involved in the criminal justice system. (PsycInfo Database Record (c) 2022 APA, all rights reserved).


Asunto(s)
COVID-19 , Trastornos Mentales , Trastornos Relacionados con Sustancias , Humanos , Derecho Penal , Salud Pública , Trastornos Mentales/terapia , Trastornos Relacionados con Sustancias/terapia , Manejo de la Enfermedad
7.
J Correct Health Care ; 28(5): 315-324, 2022 10.
Artículo en Inglés | MEDLINE | ID: mdl-36191038

RESUMEN

Data from the Bureau of Justice Statistics occasional jail inmate and state prisoner surveys reveal that behavioral health issues-mental health and substance use disorders-are consistently the most prevalent health issues among criminal justice-involved (CJ-I) persons. Although these surveys provide a national-level perspective, they do not provide a true public health surveillance approach to determining the prevalence and types of behavioral health issues that burden the populations who pass through the criminal justice process. The fact that there are no "reportable" behavioral health conditions is cited as a factor in the lack of agreement on what constitutes the case definition of behavioral health disorders. This article takes an organizational systems perspective to provide a "flow" analysis of CJ-I individuals and the organizational entities involved at each step of the criminal justice system decision-making process. Issues associated with questions of "screening," "assessment," and "diagnosis" and how such information is potentially stored and reported to a centralized surveillance agency are explored. Informatics and standardization and the role of accrediting bodies in the development of behavioral health surveillance data are canvassed. A series of "first steps" in the development of a state- and national-level behavioral health surveillance system for CJ-I populations is provided.


Asunto(s)
Prisioneros , Trastornos Relacionados con Sustancias , Humanos , Derecho Penal , Trastornos Relacionados con Sustancias/epidemiología , Encuestas y Cuestionarios , Prevalencia
8.
Res Child Adolesc Psychopathol ; 50(12): 1589-1604, 2022 Dec.
Artículo en Inglés | MEDLINE | ID: mdl-36083386

RESUMEN

To maximize the benefits of prevention and treatment efforts the psychopathy construct has been extended downward in age. Despite advances in the study of psychopathy in adolescence it remains unknown if adolescents with psychopathic traits engage in treatment. To fill this knowledge gap, the relationship between psychopathy and treatment engagement was scrutinized in 261 criminal justice-involved male adolescents (ages 16-17 years). Psychopathic traits were measured by means of a well-established self-report questionnaire (Youth Psychopathic traits Inventory; YPI), whereas treatment engagement was measured using a self-report questionnaire consisting of readiness to change, bond with staff, collaboration on goals/tasks, and therapeutic engagement dimensions. Network analysis was used to detect the most robust relations between ten YPI subscales or the three YPI components and the four treatment engagement dimensions. Findings indicated that the YPI subscales (e.g., remorselessness) rather than the YPI components (e.g., callous-unemotional) might help to understand the complex relationship between psychopathic traits and treatment engagement. Disaggregating all the dimensions across its subscales can help us to identify which specific feature of psychopathy is related to treatment engagement and should be the first focus of intervention.


Asunto(s)
Trastorno de Personalidad Antisocial , Derecho Penal , Adolescente , Humanos , Masculino , Inventario de Personalidad , Estudios Transversales , Trastorno de Personalidad Antisocial/epidemiología , Encuestas y Cuestionarios
9.
Artículo en Inglés | MEDLINE | ID: mdl-36078307

RESUMEN

Recent evolution in the field of data science has revealed the potential utility of machine learning (ML) applied to criminal justice. Hence, the literature focused on finding better techniques to predict criminal recidivism risk is rapidly flourishing. However, it is difficult to make a state of the art for the application of ML in recidivism prediction. In this systematic review, out of 79 studies from Scopus and PubMed online databases we selected, 12 studies that guarantee the replicability of the models across different datasets and their applicability to recidivism prediction. The different datasets and ML techniques used in each of the 12 studies have been compared using the two selected metrics. This study shows how each method applied achieves good performance, with an average score of 0.81 for ACC and 0.74 for AUC. This systematic review highlights key points that could allow criminal justice professionals to routinely exploit predictions of recidivism risk based on ML techniques. These include the presence of performance metrics, the use of transparent algorithms or explainable artificial intelligence (XAI) techniques, as well as the high quality of input data.


Asunto(s)
Reincidencia , Inteligencia Artificial , Derecho Penal , Bases de Datos Factuales , Aprendizaje Automático
10.
Violence Vict ; 37(5): 588-609, 2022 10 01.
Artículo en Inglés | MEDLINE | ID: mdl-35973813

RESUMEN

Prosecutors who work sex crimes face considerable legal constraints, for example, the need for corroborating evidence to prove their case, as well as extra-legal factors including biases that influence decision-making across the criminal justice system. Beyond these factors, sexual assault cases, especially those involving college students, present significant emotional trauma not only for victims, but also for prosecutors. This inductive study explores the ways prosecutors handle system constraints and how they experience and manage their response to emotionally difficult cases. Qualitative interview data revealed strategies that prosecutors use to mitigate the psychological impacts of participation in the courtroom experience on survivors of sexual assault and indicators of secondary trauma. In combination, this study's examination of legal and extra-legal factors, secondary and vicarious trauma, and emotional labor contribute to a theory of how prosecutors work campus sex crime cases, expanding our understanding of both prosecutors' roles and emotional labor, with implications for research, policy and practice.


Asunto(s)
Desgaste por Empatía , Víctimas de Crimen , Delitos Sexuales , Derecho Penal , Emociones , Humanos , Sobrevivientes
11.
Crim Behav Ment Health ; 32(3): 197-211, 2022 Jun.
Artículo en Inglés | MEDLINE | ID: mdl-35932097

RESUMEN

Recent research has highlighted that a high prevalence of young adults who have various forms of neurodivergence come into contact with the criminal justice system. Currently, many courts are not designed to respond to neurological differences often seen in young people who engage with them. The aim of this study was to identify ways to make locality courts more accessible, engaging, and ultimately more responsive to neurodivergence. A panel of neurodivergence specialists reviewed the general district courtroom environment of a new specialised young adult list court in Aotearoa New Zealand to identify potential barriers to accessibility and to highlight areas for improvement. The methodology involved naturalistic observation of a typical morning in the courtroom. We identified a series of recommendations with the potential to improve the court experience and increase access to justice for neurodivergent young adults. This study identified specific need for neurodiversity education and screening within the court environment.


Asunto(s)
Derecho Penal , Adolescente , Humanos , Nueva Zelanda , Adulto Joven
13.
AMA J Ethics ; 24(8): E806-809, 2022 08 01.
Artículo en Inglés | MEDLINE | ID: mdl-35976940

RESUMEN

During the COVID-19 pandemic, some US federal courts required jurors' vaccination against COVID-19, which, according to some, made a juror less representative of a peer. This comic investigates this set of concerns narratively and visually.


Asunto(s)
COVID-19 , Derecho Penal , Toma de Decisiones , Humanos , Pandemias , Salud Pública
15.
J Law Med ; 29(2): 309-321, 2022 Jun.
Artículo en Inglés | MEDLINE | ID: mdl-35819373

RESUMEN

Parkinson's disease is the world's second most common neurodegenerative disorder, and its incidence is growing. This editorial reviews the current state of knowledge about Parkinson's disease, its causes, its treatment and the symptomatology that is relevant to the administration of criminal justice. It identifies that, in conjunction with comorbidities, the disease can result in unfitness to stand trial, soundly based pleas of insanity/mental impairment and, in particular, can have a significant effect on the sentencing of offenders. It argues that with the ageing of the modern jail population, the incidence of Parkinson's disease provides a strong justification for the creation of alternative health care approaches that can provide suitable custodial services for those with conditions such as Parkinson's disease, Alzheimer's disease and a variety of forms of dementia.


Asunto(s)
Criminales , Enfermedad de Parkinson , Trastornos Psicóticos , Derecho Penal , Humanos , Enfermedad de Parkinson/epidemiología , Enfermedad de Parkinson/terapia
16.
J Law Med ; 29(2): 371-379, 2022 Jun.
Artículo en Inglés | MEDLINE | ID: mdl-35819377

RESUMEN

The assessment of fitness to stand trial in Australian jurisdictions has been grounded in the R v Presser criteria for more 60 years. However, a range of subsequent precedents has assisted expert witnesses to ensure that clinical assessments can inform the legal process more effectively, as have changes in legal process. Awareness of particularly vulnerable cohorts, and of contemporary approaches to disability, has led some jurisdictions to introduce supports for defendants. The lived experience of those found unfit to stand trial reminds all who participate in the legal process of the importance of access to justice, and the possible outcomes of being found unfit.


Asunto(s)
Derecho Penal , Competencia Mental , Australia , Control Social Formal
17.
J Child Sex Abus ; 31(6): 726-742, 2022.
Artículo en Inglés | MEDLINE | ID: mdl-35833559

RESUMEN

Child sexual abuse (CSA) remains a significant societal problem; however, few CSA cases are actually brought to trial. The cases that do proceed to trial typically involve little evidence, therefore, it is imperative that legal professionals become more aware of possible factors that may contribute to jurors' perceptions of child complainants and in turn influence their case decisions. The goal of this study was to investigate the influence of jury instructions, child complainant age, child's level of sexual knowledge, and preexisting beliefs about CSA on mock jurors' child credibility ratings. Participants (N = 388) evaluated a mock CSA trial transcript and answered questions related to the child's credibility. Results indicated that child credibility was dependent on mock jurors' knowledge about CSA, which in turn, differed by mock juror gender. Pre-evidence jury instructions also influenced mock jurors' CSA misconception endorsements. Child sexual knowledge level did not influence credibility, nor did it interact with child age. Our study suggests that specialized pre-evidence jury instructions may educate legal fact finders about alleged CSA victims and in turn may enhance their views of children in this specific legal context.


Asunto(s)
Abuso Sexual Infantil , Maltrato a los Niños , Niño , Humanos , Toma de Decisiones , Familia , Derecho Penal
18.
Artículo en Inglés | MEDLINE | ID: mdl-35805282

RESUMEN

Criminal recidivism is a major global concern. There is a well-known association between substance use disorders and offending. Yet, little is known about crime-specific recidivism. The aim of this study was to investigate the relationship between specific substance use and crime-specific recidivism. The study is based on 4207 Swedish prison clients with substance use assessed with Addiction Severity Index interviews between 2001 and 2006. Clients were followed for an average of 2.7 years. Risk factors for criminal recidivism were assessed with the Cox regression analysis. Sixty-eight percent of the clients returned to the criminal justice system. Apart from well-known risk factors such as male gender and young age, amphetamine, injection drug use, prior prosecution for violent and property crime, as well as homelessness and psychiatric problems, were risk factors for criminal recidivism. Sedatives and cannabis were, in this setting, negative risk factors for general recidivism. Age, heroin and injection drug use elevated the risks of recidivism to property and drug crime. Alcohol was associated with violent recidivism. When analysing different categories of crime separately, risk factors differed substantially. This further highlights the need for crime-specific research. Identifying crime-specific risk factors should be an important part of improving rehabilitation into society after imprisonment and hopefully decrease recidivism.


Asunto(s)
Criminales , Reincidencia , Trastornos Relacionados con Sustancias , Estudios de Cohortes , Crimen/psicología , Derecho Penal , Criminales/psicología , Humanos , Masculino , Trastornos Relacionados con Sustancias/epidemiología , Trastornos Relacionados con Sustancias/psicología
19.
Health Promot Int ; 37(3)2022 Jun 01.
Artículo en Inglés | MEDLINE | ID: mdl-35788309

RESUMEN

Building successful intersectoral partnerships to address health is critical to reaching health promotion goals. With the confluence of the COVID-19 pandemic, the increase in violence during the pandemic and the heightened demand for racial justice resulting from police killings of people of color, particularly young, black males, intersectoral public health-criminal justice partnerships must be more thoroughly examined. Violence prevention is both a public health and criminal justice issue, with public health systems emphasizing primary prevention and criminal justice systems addressing violence prevention at secondary and tertiary levels. Public health-criminal justice collaborations can provide an opportunity to seize upon unrealized violence reduction goals across the spectrum of prevention. At the same time, issues remain that are at odds across field boundaries as exemplified through community violence prevention. While there have been successful examples of such collaborations, past public health-criminal justice partnerships also demonstrate the challenges of working together. These challenges have yet to be systematically described and rooted in the larger literature on partnerships. In this paper, collaborative challenges are enumerated and evidence-informed strategies to overcome those barriers to achieve violence reduction goals are identified as a way to ground further intersectoral partnership work between public health and criminal justice.


Asunto(s)
COVID-19 , Derecho Penal , COVID-19/prevención & control , Derecho Penal/métodos , Humanos , Masculino , Pandemias , Salud Pública , Violencia/prevención & control
20.
Law Hum Behav ; 46(4): 264-276, 2022 08.
Artículo en Inglés | MEDLINE | ID: mdl-35878105

RESUMEN

OBJECTIVE: Law enforcement officers often encounter alcohol-intoxicated suspects, suggesting that many suspects are presented with the challenge of grasping the meaning and significance of their Miranda rights while intoxicated. Such comprehension is crucial, given that Miranda is intended to minimize the likelihood of coercive interrogations resulting in self-incrimination and protect suspects' constitutional rights. Yet, the effects of alcohol on individuals' ability to understand and appreciate their Miranda rights remain unknown-a gap that the present study sought to address. HYPOTHESES: Informed by alcohol myopia theory (AMT), we predicted that intoxicated individuals would demonstrate impaired Miranda comprehension compared to sober individuals and those who believed they were intoxicated (but were in fact not; i.e., placebo participants). METHOD: After health screenings, participants completed the Wechsler Abbreviated Scale of Intelligence-Second Edition verbal subtests, rendering a Verbal Comprehension Index (VCI) score. We randomly assigned participants to consume alcohol (n = 51; mean breath alcohol concentration [BrAC] = 0.07%), a placebo condition (n = 44; BrAC = 0.00%), or a sober control condition (n = 41; BrAC = 0.00%). All participants (N = 136) completed the Miranda Rights Comprehension Instruments (MRCI), which measured participants' understanding of the Miranda warnings, recognition of the warnings, appreciation of their rights in interrogation and court settings, and understanding of Miranda-related vocabulary. RESULTS: We found a significant effect of intoxication condition on participants' understanding of Miranda warnings (η²p = .14) and Miranda-related vocabulary (η²p = .05) when controlling for VCI scores. Specifically, intoxicated participants received lower scores for understanding of warnings compared to sober and placebo participants, and lower scores for understanding of Miranda vocabulary compared to sober participants. Alcohol did not significantly impact Miranda rights recognition or appreciation. CONCLUSIONS: Alcohol intoxication may detrimentally impact some facets of Miranda comprehension. Thus, it is important that law enforcement consider refraining from questioning intoxicated suspects. (PsycInfo Database Record (c) 2022 APA, all rights reserved).


Asunto(s)
Intoxicación Alcohólica , Derecho Penal , Derechos Civiles , Comprensión , Humanos , Aplicación de la Ley
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