COVID-19 amplified racial disparities in the US criminal legal system.

The criminal legal system in the USA drives an incarceration rate that is the highest on the planet, with disparities by class and race among its signature features1-3. During the first year of the coronavirus disease 2019 (COVID-19) pandemic, the number of incarcerated people in the USA decreased by at least 17%-the largest, fastest reduction in prison population in American history4. Here we ask how this reduction influenced the racial composition of US prisons and consider possible mechanisms for these dynamics. Using an original dataset curated from public sources on prison demographics across all 50 states and the District of Columbia, we show that incarcerated white people benefited disproportionately from the decrease in the US prison population and that the fraction of incarcerated Black and Latino people sharply increased. This pattern of increased racial disparity exists across prison systems in nearly every state and reverses a decade-long trend before 2020 and the onset of COVID-19, when the proportion of incarcerated white people was increasing amid declining numbers of incarcerated Black people5. Although a variety of factors underlie these trends, we find that racial inequities in average sentence length are a major contributor. Ultimately, this study reveals how disruptions caused by COVID-19 exacerbated racial inequalities in the criminal legal system, and highlights key forces that sustain mass incarceration. To advance opportunities for data-driven social science, we publicly released the data associated with this study at Zenodo6.

The Involvement in Domestic Violence and the Severity of Legal, Moral and Social Consequences for the Perpetrators in the Perceptions of Students in Poland and Belarus.

Domestic violence is sequential, developmental and dynamic. The aim of this study was to examine whether, in the perceptions of students in Poland and Belarus, there is a relationship between involvement in violence and the legal and social consequences for the perpetrators. A total of 482 university students took part in the study, including 251 students from Poland and 231 students from Belarus. Statistically, Polish respondents were more frequently involved in domestic violence as witnesses and victims, which was confirmed by χ2 test. Based on the 95% confidence interval (CI), it can be concluded that the largest number of respondents from both countries surveyed who have been involved in violence as witnesses (85.2-94.8) indicated that an adequate punishment for perpetrators of violence is imprisonment. Students who have never been involved in domestic violence indicated social consequences as appropriate punishment for the use of violence more often than those who have been involved in violence as witnesses, victims or perpetrators. Witnesses and victims were not found to be in favour of more severe punishment or more serious moral and social consequences than perpetrators. The largest number of respondents indicated that the appropriate consequence of using violence should be imprisonment, followed by a restraining order and eviction from the place of residence.

Are autistic people disadvantaged by the criminal justice system? A case comparison.

LAY ABSTRACT: Most autistic people will never experience being arrested or charged with a crime, however for those who do tend to be less satisfied with the way they were treated. The purpose of this study was to find out if autistic people are being disadvantaged by the criminal justice system if they are arrested. Previous research has shown that autistic people may have difficulties communicating with the police. This study builds on this knowledge by uncovering why autistic people may not feel able to communicate with the police and whether the police made any adjustments to help them. This study also measures the impact of being involved with the criminal justice system on autistic people's mental health, such as stress, meltdowns and shutdowns. The results show that autistic people were not always given the support they felt they needed. For example, not all autistic people had an appropriate adult with them at the police station who could help to make sure they understood what was happening around them. Autistic people were also more likely to feel less able to cope with the stress and more likely to suffer meltdowns and shutdowns because of their involvement with the criminal justice system. We hope this study will help police officers and lawyers to better support autistic people if they become involved with the criminal justice system.

Female perpetrators of rape with particular cruelty. / Kobiety jako sprawczynie zgwalcen ze szczególnym okrucienstwem.

The primary objective of the study was an attempt to develop and present the characteristics of women committing rape with particular cruelty, taking into account the manner in which the female perpetrators have committed the acts, their motivations, as well as the circumstances of the crime. The objective of the study was also to provide information on who the aggrieved persons are and what the accountability of women before the court looks like (in particular, whether there are any differences in the reactions of the system to the acts committed by men and women). The first part sets out a brief note about criminality of women (including sexual criminality), whereas the second part presents the results of my research concerning cases of rape with particular cruelty committed by women. The research was conducted on the basis of the empirical data from criminal cases in which the conviction was based on Article 197 §4 of the Criminal Code and in which women were the perpetrators or co-perpetrators. Due to the particular nature of the offences, the research material included court files of cases which ended in a final and binding judgment. The analysis covered criminal cases in which a final and binding judgment was isseued in the years 2005-2012. In the analyzed cases, women took an active, aggressive and often times dominating role in both planning and execution of the act. All acts were committed jointly with men, and the women were under the influence of alcohol during the commission of the offence. The presented results of the study portray a "typical" female perpetrator of rape in a different light than previous studies did, however, it should be stressed that the results of the analysis should be further examined and extended by including cases not only of rape with particular cruelty, but other offences as well.

[Predictors of Legal Probation after Forensic Addiction Treatment: Review of the Determinants of Success of a Treatment order According to sec. 64 of the German Criminal Code - Part II]. / Prädiktoren der Legalbewährung nach forensischer Suchtbehandlung ­ Zweiter Teil einer Übersichtsarbeit zu Erfolgsdeterminanten einer Unterbringung gemäß § 64 StGB.

BACKGROUND: Before a forensic addiction treatment can be ordered by the court according to sec. 64 of the German Criminal Code (StGB), a prognosis of success must be made and affirmed. In recent years, several studies have been devoted to the search for appropriate predictors of a "sufficiently concrete" prospect of success. Legal probation after release is the legally stipulated criterion for success in forensic addiction treatment. OBJECTIVE: As the second part of a two-part review on the determinants of success in forensic addiction treatment, this paper aims to provide an overview of the current evidence on predictors of legal probation after forensic addiction treatment and relates this to the evidence to the predictors of the discharge mode. METHODOLOGY: Based on systematic literature research, the results of eight empirical studies published between 2002-2019 were processed in depth and presented in an overview table. RESULTS: Despite heterogeneous findings in detail, the presence of motivational, practical life and social resources, on the one hand, and criminal history and characteristics of current delinquency, on the other hand, show relatively clear relationships to legal probation after successful forensic addiction treatment. At the same time, the exclusive consideration of legal probation as the only criterion for the prognosis of treatment success reveals conceptual imprecision, since this is then overlaid by the criminal prognosis. CONCLUSION: The limitations of the current state of research suggest a two-step approach for the preparation of a treatment prognosis: first, the predictors of the discharge mode could be used to examine the question of the likelihood of success of a regular course of treatment; then, the predictors of legal probation could be used to examine whether any conclusions can be drawn on the relapse-preventive effect of forensic addiction treatment. Both parts of the review can thus support forensic psychiatric experts in making a reliable prognosis of treatment prospects. In addition, consideration should be given to whether the information base for experts could be improved, for example, through a probationary phase.

Coding of Sexual Assault by Emergency Physicians: A Nationally Representative Study.

INTRODUCTION: Sexual assault is a public health problem that affects many Americans and has multiple long-lasting effects on victims. Medical evaluation after sexual assault frequently occurs in the emergency department, and documentation of the visit plays a significant role in decisions regarding prosecution and outcomes of legal cases against perpetrators. The American College of Emergency Physicians recommends coding such visits as sexual assault rather than adding modifiers such as "alleged." METHODS: This study reviews factors associated with coding of visits as sexual assault compared to suspected sexual assault using the 2016 Nationwide Emergency Department Sample. RESULTS: Younger age, female gender, a larger number of procedure codes, urban hospital location, and lack of concurrent alcohol use are associated with coding for confirmed sexual assault. CONCLUSION: Implications of this coding are discussed.

Las personas con discapacidad intelectual como víctimas de delitos contra la libertad sexual: una realidad invisible / People with Intellectual Disability as Victims of Sexual Offences: An Invisible Reality

El presente trabajo tiene por objeto conocer los ajustes de procedimiento que se desarrollan durante los procesos judiciales ante hechos constitutivos de abuso o agresión sexual cuando la víctima presenta una discapacidad intelectual o del desarrollo (DID). Además, analiza las características de víctimas con DID y agresores, aportando información adicional sobre el proceso de denuncia. Para ello, se analizaron un total de 56 sentencias resueltas en un periodo de cuatro años (2014-2018), extrayendo informa­ción objetiva de las mismas con respecto a los aspectos más relevantes referidos a la víc­tima, el delito, el agresor y al proceso judicial. Del análisis realizado podemos concluir la existencia de multitud de obstáculos que aún siguen presentes en la práctica judicial española, siendo necesaria una formación exhaustiva de las personas vinculadas a los sistemas procesales en aspectos referidos a esta discapacidad: la víctima declara en reite­radas ocasiones, especialmente cuando se juzga un delito de agresión sexual, sin ningún tipo de adaptación o apoyo profesional. Señalamos asimismo la necesidad de evaluar la huella psicológica que pudiera presentar la víctima, así como desterrar mitos con respec­to a las discapacidades del desarrollo que dificultan el derecho a acceder y participar en los procedimientos judiciales en condiciones de igualdad

The following paper aims to analyze the provision of procedural accom­modations during the legal process to victims of sexual abuse or sexual assault with an intellectual or developmental disability (IDD). It also examines the characteristics of victims with IDD and their aggressors, providing additional information on the re­porting process. To this end, a total of 56 sentences resolved over a period of four years (2014-2018) were analyzed, extracting objective information regarding the most relevant aspects of the crime committed, the victim, the aggressor, and the legal process. The obtained results showed the existence of different obstacles that are still present in the Spanish jurisprudence, requiring an appropriate training for those working in the field of administration of justice: the victim declares repeatedly, especially when a crime of sexual assault is being judged, and without any type of accommodation or professional support. We also point out the need to evaluate the psychological consequences that the victim may experience, and to dispel myths regarding developmental disabilities that hinder access and participation in legal proceedings under equal conditions

Characteristics of Older Adult First-Time Sex Offenders: Insights From the Missouri Registry.

OBJECTIVE: To explore the characteristics of older adult first-time sex offenders (who offended for the first time at the age of 65 years or above). DESIGN: The authors retrieved and analyzed data from the publicly available Missouri sex offender registry database up to December 2018 and the Missouri public case management system website. PARTICIPANTS: Registered older (≥65 years) sex offenders in the state of Missouri, United States. MEASUREMENTS: Sociodemographic characteristics of the offender, offense type(s), offense, and conviction dates; age and sex of the victim(s); and case disposition information (whether the trial was waived or not and what were the sentences imposed). RESULTS: One hundred and ninety-four older adult sex offenders all males were identified, of which 172 were first-time offenders. The majority were white; the median age of offense was 68.6 years old. One hundred and thirty-nine (80.8%) first-time offenders were convicted strictly of non-pornography offenses, with prepubescent girls the predominant victim pool. The most prevalent charge in this subgroup was Child Molestation, First Degree (36.5%). Twenty-eight (16.3%) offenders were convicted strictly of pornography offenses, the most prevalent one being Possession of Child Pornography (96.6%). The recidivism rate among first-time offenders was close to 1%. CONCLUSION: A substantial proportion of older registered sex offenders are first-time sex offenders and most of them have underage victims. Although the offense and recidivism rates seem to be low, future longitudinal studies should focus on the predictors of sexual offending in the older population, in order to design targeted preventive measures, risk assessment, and treatment options.

Women in German forensic addiction treatment: Epidemiology and gender-related decision making in jurisdiction.

PURPOSE: Within the German legal framework, if an unlawful act is committed by a substance-addicted offender, courts shall make a forensic addiction treatment order (referred to as FAT). In 2010-2015, German courts applied this rule to 14,576 individuals. The article aims to explore the development of FAT sex ratios, its relation to other criminological measures and its regional distribution - and to describe gender-related differences within the FAT population. METHODS: Yearly and state-specific sex ratios in FAT orders were calculated and related to general delinquency figures. Women were compared to men on various variables. We computed chi-square, t- and Kruskal-Wallis tests. RESULTS: Compared to registered and sanctioned delinquency, women are steadily underrepresented, but the sex ratio differs largely among German states. Compared to men, women are 1 year older, have a less severe criminal history and a different distribution of addiction-related delinquency. Their average concurrent prison sentence is shorter, indicating less severe offences. CONCLUSIONS: Findings largely conform to epidemiological knowledge. However, it is unlikely that these effects explain the extent of women's underrepresentation concerning FAT. Instead, FAT-application seems to be influenced by gender-related decision biases in jurisdiction. Regional differences cannot be explained epidemiologically, they seem to indicate different juridical "cultures".

Gross Negligence Manslaughter in Healthcare: Time for a Restorative Justice Approach?

This article explores the merits of employing a restorative justice approach in cases of gross negligence manslaughter involving healthcare professionals, in line with the recent policy turn towards developing a just culture in addressing episodes of healthcare malpractice within the National Health Service in England. It is argued that redress for victims and rehabilitation of offenders should operate as key values, underpinning the adoption of a restorative justice approach in such cases. It would also be vital that a structured pathway was designed that established suitable protocols and safeguards for both victims and offenders taking account of problematic issues such as the informality of the process, power asymmetries between parties, and the context in which the offence took place. Taking all such matters into account, we propose that consideration be given to establishing a pilot involving the use of restorative justice in cases of gross negligence manslaughter involving healthcare professionals, which would be subject to judicial and stakeholder oversight to ensure transparency and accountability, which in turn could inform future policy options.

Three groups of suspects in police reported rape cases: First-time suspects, recidivists and unidentified suspects. A comparative study.

BACKGROUND: Previous studies show that reported suspects in adult rape cases often have a criminal record, and that many are rape recidivists. Annual numbers of police reported rapes have dramatically increased but the proportion of rapes being prosecuted and numbers of convictions are low. To increase knowledge about the suspects in cases of police reported rapes; whether they have committed the crime before or not may inform preventive measures. AIMS: To compare suspect, victim, and assault related characteristics among different groups of police-reported rape suspects (first-time suspects, recidivist suspects and unidentified suspects). METHODS: Retrospective, descriptive study of suspects in cases of rape or attempted rape reported by women ≥16 years of age in the Sør-Trøndelag police district, Norway, from 2003 to 2010. RESULTS: Among the 356 suspects included, 207 (58%) were first-time suspects, 75 (21%) were recidivists and 74 (21%) were unidentified. Being a first-time suspect was significantly associated with victim being <18 years, recidivist suspect was significantly associated with victim being a partner, both suspect- and victim unemployment, and suspect reporting intake of other drugs than alcohol. When suspects were unidentified, victims were more likely to have consumed alcohol prior to assault, and reporting the suspect being of non-Western origin. Also, the reporting of a public venue was more frequent when unidentified suspect. CONCLUSIONS: The study shows different patterns in groups of suspects as to victim and assault characteristics. Detection and description of such differences can provide valuable information for future prevention programs, police investigation methods and health care guidelines.

Recidivism and predictors of recidivism among female high level persistent offenders after a special court order for persistent offenders in the Netherlands.

Previous research has shown that female persistent offenders have multiple psychiatric and psychosocial problems, such as substance use disorders, other mental disorders, financial problems and housing problems. The present study examined recidivism and predictors of recidivism in a sample of 74 Dutch female high level persistent offenders who had been subjected to a special court order for persistent offenders, called ISD [Inrichting Stelselmatige Daders]. The criminal records were studied to gain insight in the criminal charges against women after release from the ISD. Results showed that 43% of the persistent female offenders had registered justice contacts within one year after release, of which the majority concerned non-violent property offences. However, the number of offences was found to be significantly reduced after their release. No offence-related, demographic, substance-related, psychiatric or personal history characteristics were found to be predictive for general recidivism.

[Assessment of the maturity of juvenile and young adult offenders according to §105 of German juvenile law: a developmental psychology perspective]. / Die Reifebeurteilung Heranwachsender nach § 105 JGG und der Umgang mit jungen erwachsenen Straftäterinnen und Straftätern aus entwicklungspsychologischer Sicht.

Assessment of the maturity of juvenile and young adult offenders according to §105 of German juvenile law: a developmental psychology perspective Abstract. Since 1953, according to § 105 of the German JGG (Jugendgerichtsgesetz/Juvenile Court Act), it has been possible to convict offenders aged 18.0 y-20y 11 mo either as juveniles or as adults, depending on their developmental status. Yet unambiguous criteria defining the individual stages of development are available neither to judges nor to experts. Thus, for this age group this may lead judges to make arbitrary decisions impairing the right of equal treatment before the law in Germany. In the absence of clear criteria for assessing maturity, experts nearly always recommend judging such offenders as juveniles. Recent findings from the neurosciences and developmental psychology show that not only juveniles but adolescents and young adults up to the age of 25y usually have significant potential for development. After an overview of the legal practices pertaining to juveniles in Germany and throughout Europe, we propose alternatives for the individual assessment of maturity.

Perceptions of the effectiveness of health care for probationers.

PURPOSE: This study aims to investigate the views of commissioners, providers and criminal justice staff on how effective current health-care provision is at meeting the health needs of people on probation. Understanding perceptions of what constitutes effective provision, where barriers are encountered and where improvements could be made is an important step towards improving access to care for this hard-to-reach group. DESIGN/METHODOLOGY/APPROACH: The research was part of a wider study. This paper focusses on findings from case studies conducted via semi-structured telephone interviews with 24 stakeholders in a purposive sample from six geographical areas of England. Interviews were conducted by researchers from a variety of backgrounds and an individual with lived experience of the criminal justice system. Data were analysed using thematic analysis. FINDINGS: Participants provided examples of effective health-care provision, which largely involved multi-agency partnership working. It was apparent that there are many barriers to providing appropriate health-care provision to people on probation, which are underpinned by the complexity of this population's health-care needs, the complexity of the health-care landscape and problematic commissioning processes. PRACTICAL IMPLICATIONS: Improvements are needed to provide appropriate and accessible health care that meets the needs of people on probation, thereby reducing health inequalities. These include shared targets, improved funding, clearer pathways into care and giving probation a voice in commissioning. ORIGINALITY/VALUE: To the best of authors' knowledge, this is the first study of commissioner, provider and criminal justice staffs' views on the effectiveness of current health-care provision at meeting the health needs of people on probation.

High or very high recidivism risk? The possibilities of recidivism risk assessment under the Polish SVP law (the Act of 22 November 2013). / Wysokie czy bardzo wysokie ryzyko recydywy? Mozliwosci oceny kategorii ryzyka recydywy sprawców na potrzeby Ustawy z 22.11.2013.

The paper presents an analysis of possibilities of performing recidivism risk assessment under the Act of 22 November 2013 on the treatment of people with mental disorders posing a threat to life, health or sexual freedom of others. The Act allows, among others, the post-penitentiary isolation of persons posing a threat. The risk assessment at "very high" level is one of the key elements taken into account in adjudication of this procedure.The first part presents basic information on the recidivism risk assessment procedure: types of risk factors and different approaches to recidivism risk assessment. Then, three main limitations related to the assessment under the Act were discussed. These are: (1) the problem of the scope of the predicted events, (2) the problem of differentiation between the upper sub-categories of recidivism risk, (3) the problem of the lack of full Polish adaptations of recidivism risk assessment instruments. In consequence of these limitations, the risk assessment under the Act has lower precision. The problem of the lack of Polish adaptations can be solved with validation of the appropriate instruments. However, the other two challenges result directly from the provisions of the Act and cannot be faced with its current form. Therefore main conclusion of the paper focuses on the need to take into account the discussed limitations by experts, officials participating in the proceedings and the institutions issuing decisions. Risk assessment should be based on the measurement of all types of recidivism risk factors, including primarily static and then stable dynamic ones.

Criminogenic Needs as Intervening Factors in the Relation Between Insecure Attachments and Youth Sexual Violence.

There is a strong theoretical and research base demonstrating the link between attachment styles and adolescent sexual offending. However, this relationship may be best explained by deficit-based mediational pathways including criminogenic needs such as emotional or affect regulation and callousness. Grady, Levenson, and Bolder propose a framework that details criminogenic needs as intermediary variables in the attachment-sexual offending relationship. Using data on adolescents adjudicated of sexual and nonsexual crimes in a Western state (N = 200), two structural equation models (SEM) tested direct and indirect relationships between ambivalent and avoidant attachment styles (in separate models), dysregulation including cognitive and behavioral transitions, emotional control, and inhibited/impulsive behaviors, callousness, delinquency, and offending type (sexual or nonsexual offending). Results revealed statistically significant direct pathways between variables of interest and a multimediational effect of dysregulation and callousness in the relationship between insecure attachments and sexual offending. Treatment, policy, and research implications are discussed.