Crime & Delinquency 57(5)

How Justice System Officials View Wrongful Convictions
Brad Smith, Marvin Zalman, and Angie Kiger

The wrongful conviction of factually innocent people is a growing concern within the United States. Reforms generated by this concern are predicated in part on the views of justice system participants. The authors surveyed judges, police officials, prosecutors, and defense lawyers in Michigan regarding their views of why wrongful convictions occur. The findings reveal that all groups acknowledge error and inaccuracy among justice system participants. In general, police and prosecutors believe that error levels are lowest, judges estimate higher error levels, and defense attorneys rank errors higher than other respondents. A majority of police, prosecutors, and judges believe that wrongful convictions do not occur with sufficient frequency to warrant system reforms, whereas a majority of defense attorneys believe that procedural changes are warranted. The findings reveal distinct occupational perspectives in respondents’ attitudes concerning wrongful conviction.

Parole? Nope, Not for Me: Voluntarily Maxing Out of Prison
Michael Ostermann

This study addresses the phenomenon of inmates voluntarily forgoing parole supervision and opting to remain in prison until the maximum expiration of their sentence. The research was conducted to inform public policy makers about the potential repercussions of this decision-making process and to help guide future policy and legislative proposals that would target this group of inmates. Bivariate and multivariate analyses are used to explore characteristics of this population with regard to postrelease recidivism and prerelease indicators of recidivism. A 2005 group of voluntary max outs are contrasted with those who are forced to max out due to continual parole denial as well as those who are released to parole supervision. All offenders were released in the state of New Jersey. Although several between-group differences were apparent between both max out groups and the parole group at a bivariate level, differences between the two max out groups were far less pronounced. Multivariate Cox regression models indicated that, after controlling for pertinent predictor variables, the likelihood of experiencing a new arrest and/or incarceration after release did not significantly differ according to group membership. Findings suggest that parole boards that make decisions in discretionary release systems should more closely analyze the release opportunities that already present themselves to their agencies but are not capitalized on. Because those who are forced to max through continual denial of parole demonstrated such similar prerelease characteristics to the voluntary max out group, it is unlikely that many who would have otherwise voluntarily maxed their sentence would be paroled if the ability to make this decision were taken away.

Institutional Misconduct, Delinquent Background, and Rearrest Frequency Among Serious and Violent Delinquent Offenders
Chad R. Trulson, Matt DeLisi, and James W. Marquart

This study examines the relationship of institutional misconduct to postrelease rearrest, controlling for a battery of preincarceration variables typically found to influence recidivism among institutionalized delinquent offenders. Based on data from 1,804 serious and violent male delinquents released from a large southern juvenile correctional system, this research found limited support for institutional misconduct as a determinant of recidivism. Of all measures of misconduct, only the rate of total misconduct infractions was related to postrelease rearrest, and this effect was generally small and found only in the rearrest frequency model, not the dichotomous rearrest model. Implications for research and practice are explored.

Repeat Offending and Repeat Victimization: Assessing Similarities and Differences in Psychosocial Risk Factors
Abigail A. Fagan and Paul Mazerolle

The overlap between victims and offenders is increasingly being recognized, with mounting evidence that victims and offenders have similar demographic characteristics, that victimization increases the likelihood of offending, and that offenders are at high risk for becoming victims of crime. Despite this evidence, there is limited research regarding the extent to which repeat victims are likely to be repeat offenders, and few studies have assessed whether predictors of repeat victimization and repeat offending are similar. Using data from a longitudinal study of young people in Brisbane, Australia, this study demonstrates that despite some overlap, there are some important differences in predictors of repeat offenders and repeat victims.

Disregarding Graduated Treatment: Why Transfer Aggravates Recidivism
Kristin Johnson, Lonn Lanza-Kaduce, and Jennifer Woolard

These data merge correctional histories with official state and courthouse information for a sample of teenage offenders, some of whom had been transferred to the adult system. Previous research indicated that transfer aggravates recidivism after the age of 18. The correctional data allow the examination of the relationship between sanctions and recidivism for repeat offenders. The authors explored whether repeat offenders who received graduated sanctions had lower recidivism after age 18 than those who leapfrogged over graduated sanctions. Transfer often involves leapfrogging over treatment options; sometimes it leads to secure placement in adult facilities but sometimes it results in adult probation. Within the juvenile justice system, some repeat offenders jump over intermediate interventions to deep-end placements. Graduated sanctions lead to less recidivism. When measures of graduated sanctions are included in multivariate analyses, transfer no longer predicts recidivism.

How Long After? A Natural Experiment Assessing the Impact of the Length of Aftercare Service Delivery on Recidivism
Megan C. Kurlychek, Andrew P. Wheeler, Leigh A. Tinik, and Cynthia A. Kempinen

Although aftercare programs have been gaining popularity as a mechanism for helping offenders readjust to society, evaluations of their success remain varied. This is most likely due to the diversity of programs labeled as aftercare and the inability of research to isolate specific program components. The current study capitalizes on a natural experiment to examine the impact of one particular component, length of service delivery, on recidivism. The study employs survival analysis techniques on a population of inmates graduating from a motivational boot camp who either received no aftercare, 30 days of aftercare, or 90 days of aftercare (depending on the existing policy on their graduation date). Findings show that those receiving 30 days of aftercare services are indistinguishable from those receiving no aftercare services in terms of recidivism. Also, we find that although those receiving 90 days of aftercare did recidivate substantially less than those receiving 0 or 30 days of aftercare, after accounting for sample attrition, however, these findings also lacked statistical significance.

Confronting Delinquency: Probations Officers’ Use of Coercion and Client-Centered Tactics to Foster Youth Compliance
Craig S. Schwalbe and Tina Maschi

Youthful compliance with juvenile court mandates is a cornerstone of effective probation practice. Despite this, research has not examined probation strategies for encouraging and enforcing youthful compliance with probation conditions. This study describes the use of confrontational tactics and client-centered approaches reported by probation officers in their supervision of delinquent youths. The study was conducted with data from a Web-based survey of probation (N = 308). Results indicate that officers balanced confrontational approaches with client-centered approaches. Officers employed confrontational tactics more frequently than client-centered strategies for youths with substance use problems, with younger youths, and with African American females. Alternatively, officers reported more client-centered approaches with females who had higher histories of prior service utilization and with youths who were perceived by officers to be honest. These findings open new avenues for research on the effectiveness of confrontation and client-centered approaches toward an evidence base for effective probation practice.

Crime & Delinquency, September 2011: Volume 57, Issue 5