Interviewing And Questioning Presentation

Create a 10- to 12-slide presentation, in which you include the following:

Effective interview and questioning techniques that criminal justice personnel should use for gaining information from victims, witnesses, and professionals in a variety of criminal justice settings, as discussed in your collaborative group

The steps criminal justice personnel must take to prepare for an interview in emergency and non-emergency situations

Several different types of nonverbal communication–including body language, facial expressions, and voice–that an interviewee might display, and explain what each type of nonverbal communication might mean

The three most observed most observed non-verbal cues displayed by a person being interviewed, and how they are interpreted by the respective interviewer

A minimum of three interview preparation methods you would utilize to interview a victim, a witness, and a suspect

Format your presentation in accordance with APA guidelines.

The article “Does the Perceived Risk of Punishment Deter Criminally Prone Individuals?

 The article “Does the Perceived Risk of Punishment Deter Criminally Prone Individuals? Rational Choice, Self-Control, and Crime” examines the relationship between the perceived risk of punishment and criminal behavior (Wright, Caspi, Moffit, & Paternoster, 2004). After reflecting on the article, discuss the findings of the study and why you think the research reached the results. In addition, explain the terms associated with the study of crime and criminology that are used in the article.

  • 10.1177/0022427803260263ARTICLEJOURNAL OF RESEARCH IN CRIME AND DELINQUENCYWright et al. / CRIMINALLY PRONE INDIVIDUALS

    DOES THE PERCEIVED RISK OF PUNISHMENT DETER

    CRIMINALLY PRONE INDIVIDUALS? RATIONAL CHOICE,

    SELF-CONTROL, AND CRIME

    BRADLEY R. E. WRIGHT AVSHALOM CASPI

    TERRIE E. MOFFITT RAY PATERNOSTER

    Society’s efforts to deter crime with punishment may be ineffective because those indi- viduals most prone to commit crime often act impulsively, with little thought for the future, and so they may be unmoved by the threat of later punishment. Deterrence mes- sages they receive, therefore, may fall on deaf ears. This article examines this issue by testing the relationship between criminal propensity, perceived risks and costs of pun- ishment, and criminal behavior. The authors analyzed data from the Dunedin (New Zealand) Study, a longitudinal study of individuals from birth through age 26 (N = 1,002). They found that in fact, deterrence perceptions had their greatest impact on criminally prone study members.

    Keywords: deterrence theory; criminal propensity

    Society controls its members by threatening punishments, both formal, such as arrest and imprisonment, and informal, such as social disapproval and withholding of resources. Policymakers, as well as the general public, have widely accepted the punishment-as-deterrence doctrine (Liska and Messner 1999), and so the punishment of criminals, more than other, positive

    We thank the Dunedin Study members, their parents, teachers, and peer informants, Dunedin Unit Director Richie Poulton, and Study founder Phil Silva. We thank HonaLee Harrington and Colin Baier for research assistance. The Dunedin Multidisciplinary Health and Development Re- search Unit is supported by the New Zealand Health Research Council. This research received support from the National Consortium on Violence Research (NCOVR), which is supported un- der grant #SBR 9513040 from the National Science Foundation, from the William Freeman Vilas Trust at the University of Wisconsin, from US-NIMH grants MH45070, MH49414, from the William T. Grant Foundation, and from Air New Zealand.

    JOURNAL OF RESEARCH IN CRIME AND DELINQUENCY, Vol. 41 No. 2, May 2004 180-213 DOI: 10.1177/0022427803260263 © 2004 Sage Publications

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    interventions is politically viable under the rubric of “getting tough on crime.” Given society’s considerable faith in, and resources spent on, punish- ing wrong-doers, we have a vested interest in knowing whether in fact threat- ened punishments deter criminal behavior, and so social scientists have long studied punishment as deterrence (e.g., Beccaria 1963; Becker 1968; Bentham 1948; Piliavin et al. 1986). Of particular significance is the ques- tion, Does the threat of punishment differ according to a person’s motivation or propensity to commit crime?

    There are three basic, though seemingly contradictory, answers to this question that can be derived from the existing literature: (1) All individuals respond roughly in the same manner to sanction threats (criminal motivation does not matter); (2) because they are impulsive and present-oriented, crimi- nal offenders are less responsive to sanction threats which are distant in time, and the irrelevance of sanctions increases as criminal propensity increases (high motivation reduces any deterrent impact); and (3) because those low in criminal propensity are not motivated to commit crimes or are likely inhib- ited by other considerations (moral concerns, for example) sanction threats should have the greatest effect among those high in criminal propensity and the deterrent effect of sanctions should increase as criminal propensity increases.

    Some careful scholarship has already been directed at the issue of the rela- tionship between the deterrent effect of sanction threats and criminal propen- sity. For several reasons that we will discuss at greater length in the next sec- tion of the article, however, we think this important issue is still unsettled and warrants additional research. First, the findings from these studies have been contradictory—some report a weak deterrent effect for those least prone to crime whereas some a strong effect. Moreover, sometimes the magnitude of the deterrent effect in different groups varies for the certainty and severity of punishment. Second, many of these studies have relied on student samples, relatively minor offending, and outcome variables of self-reported intentions to offend. Samples of university students may not have sufficient variation in criminal propensity to fully test the relevant hypothesis of an interaction between deterrence variables and criminal propensity. These studies have also used self-reported intentions to offend, and although intentions to offend are a staple in this literature, they may encourage “trash talk” or boastfulness among those with a criminal propensity. This trash talk would take the form of responding to a scenario that they would commit a criminal act even in the face of certain and severe punishment but acting in the real world in a more prudent manner. Finally, the position that sanction threats effectively inhibit the criminal behavior even among those with high levels of criminal propen- sity is also consistent with the empirical literature and harmonious with com- pelling theoretical positions.

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    In this article, we reexamine the relationship among stable differences in criminal propensity, sanction threats, and criminal activity. We analyze data from the Dunedin (New Zealand) Multidisciplinary Health and Develop- ment Study. The Dunedin study is of a birth cohort of approximately 1,037 study members followed up from birth to age 26. Detailed psychological, medical, and sociological information has been collected on all subjects, including self-reported and official delinquent and criminal offending. Because it is comprised of a birth cohort, contains substantial information on each respondent, and is longitudinal, this study offers strategic advantages for examining the interaction between criminal propensity and sanction threats in its effect on offending.

    SANCTION THREATS AND CRIMINAL PROPENSITY: RATIONAL CHOICE AND THEORIES OF STABLE INDIVIDUAL DIFFERENCES

    The substantive question driving this article is whether the deterrent effect of sanction threats varies depending upon individuals’ level of motivation or propensity to commit crime. Consultation with criminological theory can lead to several different, and equally compelling, answers.

    First, classical deterrence theorists argue that criminal motivation or pro- pensity is irrelevant for deterrence. In this view, the motivation to commit crimes is taken to be constant across persons, and therefore, the costs of crime deter all people equally, regardless of their initial inclination or disinclination toward offending (Taylor, Walton, and Young 1973). What accounts for between individual differences in criminal offending, therefore, are the situa- tional contingencies of the costs and benefits of crime rather than differences in personality, peer group association, income, or social status.

    A second answer, drawn from criminal propensity theories, asserts that the threatened punishments of crime deter criminally prone individuals less than others because of their impulsive, risk-taking, and present-oriented natures. Impulsivity leads the criminally prone to neglect the long-term con- sequences of their behavior to focus instead on their immediate benefits (Gottfredson and Hirschi 1990:95; Wilson and Herrnstein 1985). By seeking immediate gratification, those at high levels of criminal propensity are rela- tively unmoved by the potential pains of punishment that are both uncertain and removed in the future. As such, the “emotional force” of present desires overwhelms the apprehension of pain in the future (Fry 1951), and the deter- rent effect of sanction threats diminishes as presently oriented people dis- count future punishments.1 A related argument would be that the highly im- pulsive behavior and self-centeredness of criminally prone persons renders it

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    difficult for them to establish long-term social relationships, persist in educa- tional training, or commit themselves to long-term career goals. In sum, they are unable to make a meaningful investment in conventionality and as a result have much less at stake than others. With fewer conventional investments, criminally prone persons would have little at risk that could potentially be lost through formal or informal sanctions.

    This theoretical position is not that sanction threats are irrelevant for the criminally prone, just that they are less influential than among those with lower levels of criminal propensity. Even seasoned propensity theorists like Gottfredson and Hirschi (1990) and Wilson and Herrnstein (1985) have argued that individual differences in criminal propensity, and its attendant traits of impulsivity and present-orientation, are differences in degree. This implies both that all persons discount future consequences somewhat and that all persons are attuned to the situational incentives and disincentives of their actions. In other words, even those who are high in criminal propensity and impulsivity are capable of some foresight and are, therefore, somewhat attuned to the situational contingencies of their behavior. The argument is that they are simply less responsive than others to the attendant costs of their criminal behavior. As Nagin and Paternoster (1993:471) have argued, on average, criminal offenders are oriented to the present rather than the future and, because of that fact, “future consequences have only a de minimus im- pact on their decision calculus.”

    A third theoretical position is that the costs of crime are likely to deter criminally prone individuals substantially more than others. This prediction is found in diverse theoretical arguments. For example, Talcott Parsons (1937) in his classic work, The Structure of Social Action, argued that the cal- culation of the costs of crime vary by one’s morality. Because unsocialized and amoral individuals are more willing to commit crime, the calculation of its costs and benefits have greater salience, whereas among those for whom “a rule is accepted as moral obligation, the attitude of calculation is lacking” (Parsons 1937:403). A similar theoretical position was carved out by Etzioni (1988) in his treatise on moral attitudes and economic behavior. He argued that strong moral beliefs about the inappropriateness of some behavior cre- ates “non-market” areas—areas of life and behavior in which individuals act in strict accordance with their moral beliefs and neglect more instrumental considerations. In these nonmarket areas of behavior, considerations of the potential costs and benefits of one’s actions are irrelevant.

    The view that strongly socialized individuals are immune to the influence of sanction threats is also given expression in criminological theory. Toby (1964:333) noted that “only the unsocialized (and therefore amoral) individ- ual . . . is deterred from expressing deviant impulses by a nice calculation of pleasures and punishments.” Silberman (1976:443) echoed this view when

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    he argued that “those who are already deterred from committing a deviant act because they are committed to conform to the norm cannot be deterred fur- ther by the threat of punishment” (see also, Bachman et al. 1992; Paternoster and Simpson 1996; Trasler 1993; Tittle 1977, 1980; Wilkins 1962). In this third theoretical view, then, deterrence will best inhibit the criminal activity of those who are actively at risk of offending. Those who are effectively inhibited from crime by other considerations will be immune to the threat of punishment.

    We can illustrate this perspective with a simple metaphor. A restaurant owner can sell more prime rib by lowering its price, but not to vegetarian patrons. The price of prime rib here represents the situational inducement toward ordering meat, but vegetarianism represents a predisposition away from it, and thus the effect of meat pricing significantly varies by levels of meat eating. Likewise, the effects of deterrence perceptions might similarly vary by levels of criminal propensity.

    With this as background, we recognize a fourth possible position. Perhaps sanction threats are ineffective in deterring both those who are over- socialized and refrain from criminal activity by such things as moral compul- sions and those who are so impulsive and pathologically present-oriented that they completely discount the future consequences of their actions. This view would predict an inverted “U” shape for the susceptibility of sanction threats—no deterrent effect at either the lowest levels of criminal propensity (the “oversocialized”) or at the highest (the most impulsive and present- oriented). The deterrent “bang” would only be felt in the midrange of crimi- nal propensity. This group could easily be characterized as Zimring and Hawkins’s (1968, 1973) marginal offender. The marginal offender is a wavering one, who is at risk of and therefore at the margins of offending, nei- ther strongly committed to conformity nor crime. Zimring and Hawkins’s view is that these marginal offenders will be particularly responsive to sanction threats.

    SANCTION THREATS AND CRIMINAL PROPENSITY: DOES CRIMINAL PROPENSITY CONDITION THE EFFECT OF SANCTION THREATS?

    In the previous section, we outlined four possible and equally compelling theoretical rationales for both the existence and direction of an interaction between individual criminal propensity and the deterrent effect of sanction threats. Although the theoretical arguments may be equally compelling, it is possible that there is a body of empirical literature that may unambiguously put the issue to rest with strong evidence in support of only one of these.

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    Unfortunately, although the empirical evidence may provide tentative sup- port for the view that sanction threats work best among those with the lowest levels of criminal propensity, this evidence can hardly be characterized as “unambiguous.” In fact, the extant findings seem so contradictory that it is hazardous to draw any firm conclusion about how criminal propensity or criminal “character” conditions the effect of sanction threats.

    There is, first of all, an abundant volume of qualitative research on active and frequent offenders that can be appealed to. A careful reading of this research would seem to support the two contrary positions that many, if not most, criminal offenders pay little heed to sanction threats, and that active offenders modify their behavior in response to the risks of punishment, and, ultimately, the fear of punishment is influential in getting some of them to desist. For example, in his study of 113 California robbers, Feeney (1986) reports that more than one half reported that they did no planning at all prior to their last crime, and although the proportion who reported some planning increased among the most active robbers, it never exceeded one third of the total. Without some degree of planning, it is difficult to believe that the risk of getting caught and punished influenced the thinking of these robbers. This lack of planning of crimes and contemplation of possible consequences was also a common theme among Shover’s (1996:156) persistent thieves: “One of the most striking aspects of the crime-commission decision making of per- sistent thieves and hustlers is that a substantial proportion seem to give little or no thought to the possibility of arrest and confinement when deciding whether to commit crime.” In Wright and Decker’s (1994:127-28) study of burglars in St. Louis, they found that about two thirds of the offenders simply avoided thinking about the possibility that they would get caught (see also Shover 1996:157). Other studies of frequent criminals have also noted the lack of regard for the possible legal consequences, implying that sanction threats have little influence among active offenders (Bennett and Wright 1984; Walsh 1986; Wright and Decker 1994; Wright and Rossi 1985), a finding supported by some quantitative data as well (Piliavin et al. 1986).

    Against these findings however are others, often reported in the same research, that argue that the risks and costs of crime do affect the decision making of even the most frequent offenders. For example, Shover (1996) argues that the fear of getting caught and returning to prison is one of the pri- mary factors leading his persistent thieves to desist from crime. The fear of apprehension and punishment as a factor in criminal desistance was also noted by Cusson and Pinsonneault (1986:75-7) who describe the inhibition of crime among previously active armed robbers as “delayed deterrence.” The process of delayed deterrence is composed of a combination of the fear of increased certainty and severity of punishment. This growing apprehen- sion over the costs of crime among high-risk criminal offenders and its cre-

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    ation of a delayed deterrence effect has been noted by others (Cromwell, Olson, and Avary 1991; Meisenhelder 1977; West 1978). Furthermore, both qualitative and quantitative studies of offenders have consistently found that in terms of selecting their targets, frequent criminals do try to minimize the risk that they take (Decker, Wright, and Logie 1993; Piquero and Rengert 1999; Rengert and Wasilchick 1985; Shover 1996; Walsh 1986; Wright and Decker 1994).

    What these various studies of active offenders seems to indicate is that at least some active offenders do pay attention to sanction threats at least some of the time. This rather ambiguous conclusion that “maybe criminals are affected by the costs of crime, and maybe they are not” is perfectly captured in Shover’s (1996:162) observation that

    notwithstanding variation in target selection by type of crime, age, and the number of offenders, it is equally clear that street-level persistent thieves are sensitive to the risk of failure. They behave purposefully and even rationally. It would be a mistake, however, to infer from this that they are aware of and sensi- tive to even substantial variation or changes in the schedule of threatened pun- ishments. Most often they are not.

    What we do not know from this abundant literature is whether these fits of rational conduct are more or less prevalent among those with less criminal propensity. Therefore, although this research may shed some light on the issue, the most probative evidence would come from studies that directly compared any deterrent effect among groups differing in criminal propen- sity. There are a few studies that do exactly this, although it remains unclear as to what conclusion may safely be drawn.

    In their attempt to reconcile individual difference and rational choice theories of crime, Nagin and Paternoster (1994) found that a composite mea- sure of informal sanction risk did interact with a measure of self-control (impulsivity/self-centeredness) in its effect on the self-reported intention to commit three crimes, drunk driving, larceny, and sexual assault. For two of the three offenses, larceny and sexual assault, the deterrent effect of informal sanctions was significantly greater among those high in self-control (low in criminal propensity) than for those at the highest level. These findings would argue for the theoretical position that sanction threats work best when crim- inal propensity is low than when it is high. However, they did not find this pattern of effects for the offense of larceny, and the deterrent effect of infor- mal sanctions was not monotonically related to the level of self-control. There were no statistically significant differences between those in the mid- range of self-control and either the low or high levels for any of the three offenses.

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    In a series of laboratory experiments, Block and Gerety (1995) examined the effect of variations in the certainty and severity of punishment on hypo- thetical criminal activity (collusive pricing) among college students and a sample of incarcerated offenders. Drawing on Becker’s (1968) classic paper on the economics of crime and punishment, they hypothesized that criminals are risk takers and would, therefore, be influenced more by the certainty of punishment than its severity. The conventional sample, they argued, would be risk averse, and would be more responsive to variations in the severity of punishment. They found that both groups were responsive to sanction threats but in qualitatively different ways. As predicted, the students were more sen- sitive to variations in the severity than the certainty of punishment, whereas the offenders were more responsive to the certainty than severity of punish- ment. This study seems to show that one dimension of sanction threats (cer- tainty) works best among the most prone to crime whereas another (severity) works best among the least.

    Nagin and Pogarsky (2001:874) hypothesized that the deterrent effect for the perceived severity of punishment would be smaller for those who were more presented-oriented (crime prone) because the costs of criminal activity are generally far removed in the future. Their prediction that the deterrent effect of the severity of punishment should be weaker among those at high risk of crime is consistent with the expectation argued by Block and Gerety (1995). In the Nagin and Pogarsky (2001) study of drunk driving among a sample of college students, they were able to identify a group who were char- acterized as being particularly present oriented. For this group that tended to discount future consequences, Nagin and Pogarsky predicted a diminished deterrent effect for sanction threats. They also identified another group that was the virtual opposite of present-oriented. These “negative discounters” preferred immediate punishment and were extraordinarily future-oriented. Among this group, a stronger than average deterrent effect was predicted. Only partial support was found for these two predictions. The two interaction effects of Severity × Present Orientation and Severity × Negative Discounters were not statistically significant. However, the authors did report that that the latter interaction was substantively large—the severity effect for those with a strong future orientation was about four times as large as those with a present orientation.

    In a related piece of research, Pogarsky (2002) argued that sanction threats would be ineffective in inhibiting the criminal behavior of both “acute con- formists” (those who comply with rules out of moral obligation), and the “incorrigible” (those driven by strong, sometimes pathological urges, those with severe cognitive deficits, and the impulsive), and most effective among “deterrable” offenders (those neither strongly committed to conformity nor deviance). With a sample of university students, he found that perceptions of

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    both the certainty and severity of punishment were inversely related to self- reported intentions to drink and drive only among those defined as “deterrable.” Among the group of incorrigibles, neither the severity nor cer- tainty of punishment had any effect on intentions to drink and drive.

    Although these findings would appear to support the position that sanc- tion threats are ineffective among those with the greatest criminal propensity, there are some uncertainties. First, the group that Pogarsky defined as “incor- rigible” might not be the most impulsive but only those, who for other rea- sons, are not responsive to variations in sanction risk and cost. He measured the impulsivity of his respondents and reported that there were no differences among the “acute conformists,” “deterrables,” and “incorrigibles” on this trait. Second, the groups labeled as “deterrable” and “incorrigible” were de- fined on the basis of their receptivity to sanction threats, and it should not be surprising that there were differences in their response to certainty and sever- ity. For example, those deemed “incorrigible” reported at least a 50 percent likelihood of drinking and driving in response to a hypothetical scenario, and their self-reported intention to offend was unaffected by one scenario condi- tion that there was “absolutely no chance” that they would be caught. The “deterrables” were more likely to report that they would drink and drive under the “absolutely no chance” of getting caught condition than in the absence of that condition. They were, therefore, by definition amenable to appeals to punishment.

    Finally, Piquero and Pogarsky (2002) conducted two hypothesis tests of relevance to our concern about the conditional effect of sanction threats. With a sample of university students and a scenario methodology, they examined whether the effect of variation in the certainty and severity of punishment on intentions to commit a crime varied between groups who differed in their prior offending and their impulsivity. Consistent with the prediction that those high in criminal propensity are more responsive to sanction threats, they found that the deterrent effect for both the certainty and severity of pun- ishment was higher among those who have some offending experience com- pared with those with no prior offending reported. Contrary to Block and Gerety (1995), they found that those most at risk for criminal activity because of their high levels of impulsivity were more responsive to the severity of punishment than they were to its certainty compared with those low in impulsivity. There was a significant deterrent effect for perceived severity among those high in impulsivity (and a weak and nonsignificant effect for perceived certainty), and a significant deterrent effect for perceived certainty among those low in impulsivity (and a weak and nonsignificant effect for per- ceived severity). These findings are, however, consistent with the argument made by Silberman (1976) that threats of severe rather than certain pun- ishment is necessary to deter those predisposed to crime because they are

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    generally unmoved by its certainty.2 We should also note that these contradic- tory findings are possible because of the weak positive relationship between impulsivity and both prior and self-reported intentions to offend (r = .23 and .13, respectively).3

    In sum, appealing to the empirical literature on the question as to whether those high in criminal propensity are more or less responsive to sanction threats than those less at risk is unsatisfying. Although some studies have found evidence that the criminally prone are less affected by the certainty and severity of punishment, most of these have come from research involving university students responding to hypothetical crime scenarios. Although generally such a methodology is a sound way to examine issues pertaining to rational choice and offending, it may not be the most effective strategy in addressing the possible conditional effect of impulsivity.

    Ideally, one would want to have substantial variation across persons in criminal propensity. University samples are likely to have substantially trun- cated variation in traits like criminal propensity, impulsivity, and present- orientation. This is not, of course to say that there is no variation in such sam- ples, but it is to say that because university attendance requires a nontrivial amount of perseverance and future orientation, it is likely that college sam- ples will not include those at the upper tail of criminal propensity. What sam- ples of university students may capture, particularly with respect to com- monly studied crimes like drinking and driving, sexual assault, petty theft, drug use, and cheating, are “marginal offenders,” who because there are no strong moral inhibitions against nor strong motivations toward such acts, are going to be responsive to instrumental factors such as the risks and possible penalties involved.

    Furthermore, this line of research frequently uses intentions to commit crimes in response to hypothetical scenarios as the outcome variable. Again, although generally a sound and productive strategy with abundant advan- tages over other methodologies, it is possible that it may lead to bias. Suppose a manifestation of criminal propensity/impulsivity is a tendency toward boastful “trash talk,” saying you will commit a crime in response to a hypo- thetical scenario in spite of clear sanction costs. Such talk is cheap and in real situations these persons might be more responsive to risks and penalties. The observed outcome in scenario research, however, will be a diminished effect of sanction threats among those with both chutzpah and a proneness toward crime and antisocial behavior.4

    In sum, we think that whether and how criminal propensity/impulsivity conditions the effect of sanction threats is both a terribly important yet unset- tled question in the field. It is clear that the position of classical deterrence theory that criminal motivation is constant is untenable, yet the exact causal significance of motivation still is not clear. We have tried to suggest that there

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    are several equally compelling theoretical and empirical reasons for very dif- ferent arguments about the conditional effect that criminal propensity might have. In the current article we hope to address this issue with a more general sample of respondents and self-reported behavior rather than intentions to behave. In the next section we will outline our general methodology, the sam- ple, and our key measures. This is followed by our results and concludes with a discussion of the implications of our findings.5

    METHOD

    Data

    We conducted our analyses of data from the Dunedin Multidisciplinary Health and Development Study (Silva and Stanton 1996). The members of the Dunedin study are children born from April 1972 through March 1973 in Dunedin, New Zealand, a city of approximately 120,000 people. A total of 1,037 study members (91 percent of the eligible births) participated in the first follow-up assessment at age 3. These study members formed the base sample for a longitudinal study that has since been followed up, with high levels of participation, at ages 5 (n = 991), 7 (n = 954), 9 (n = 955), 11 (n = 925), 13 (n = 850), 15 (n = 976), 18 (n = 1,008), 21 (n = 992), and 26 (n = 980). The study members were given a diverse battery of psychological, medical, and sociological measures at each assessment. Data about the study members were collected from the study members themselves, parents, teachers, in- formants, and trained observers.

    In general, the rates of criminal offending in New Zealand approximate those found in other industrialized countries such as the United States, Can- ada, Australia, and the Netherlands (Junger-Tas, Terlouw, and Klein 1994; van Dijk and Mayhew 1992). Likewise, the rates of crime victimization in New Zealand are close to those of other countries (van Dijk and Mayhew 1992) as are rates of violent crime (Zimring and Hawkins 1997). More spe- cifically, various cross-national comparisons have found that the findings from the Dunedin study generalize to other industrialized countries, espe- cially in the area of criminal behavior. For example, the predictors of problem behavior among the Dunedin Study members are the same as those in a simi- lar longitudinal sample of Black and White youth collected in Pittsburgh (Moffitt et al. 1995).

    Our analysis of these longitudinal, observational data may shed light on the theoretical issues framing this study because previous empirical studies have tended to rely on scenario experiment research designs. This experi- mental approach, however, explicitly instructs participants to weigh commit-

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    ting crimes in light of clearly stated consequences. In the real world, how- ever, and as we discussed above, individuals vary widely in their likelihood of even thinking about committing crimes and in their attention to its conse- quences. As such, experimental studies may create an overly artificial world of decision making, and, at the very least, it is worthwhile to revisit these issues with different data.

    The Dunedin data offers other benefits as well. Being longitudinal, they link important concepts across the life-course, including criminal propensity, perceptions of punishments, and criminal behavior. They also cover an entire birth cohort, and thus they then contain a wide range of antisocial, criminal behavior. In contrast, data from university studies contain a much more nar- row range of behavior because criminal propensity negatively predicts edu- cation (Wright et al. 2001).

    Measures

    Our analyses of the Dunedin Study capitalize on its longitudinal design by examining criminal propensity measured in childhood, adolescence, and early adulthood (i.e., ages 3 through 21), deterrence perceptions in late ado- lescence and early adulthood (ages 18 and 21), and criminal behavior in early adulthood (ages 21 and 26).

    We analyzed three separate measures of criminal propensity: low self- control in childhood, low self-control in adolescence, and self-perceived criminality. The variable “childhood low self-control” was measured at ages 3, 5, 7, 9, 11, and it comprises nine separate subscales: Lack of Control was measured by trained observers at ages 3 and 5. Hyperactivity and Antisocial Behavior were collected from parents and teachers at ages 5, 7, 9, and 11 using Rutter Behavioral Scales (Rutter, Tizard, and Whitmore 1970). Impulsivity, Lack Of Persistence, and Hyperactivity were collected from par- ents and teachers at ages 9 and 11 using scales derived from the Diagnostic Statistical Manual of Mental Disorders III (McGee et al. 1992). Hyperactiv- ity, Inattention, and Impulsivity were self-reported by the study members at age 11 using the Diagnostic Interview Schedule for Children (Costello et al. 1982). The variable “childhood low self-control” sums these nine scales, and, all together, it contains information from 167 separate measurement items (Wright et al. 1999a). This variable, like the others in our analyses, is named in the direction of its coding, so a study member scoring high on “low self-control” has low levels of self-control.6

    The variable “adolescent low self-control” comprises seven subscales: Hyperactivity was self-reported by study members at age 15 using a scale from the Diagnostic Interview Schedule for Children (Costello et al. 1982). Inattention was collected from parents at age 15 using the Peterson-Quay

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    Behavioral Checklist (Quay and Peterson 1987). Impulsivity, Physical Response to Conflict, and Risk-taking were self-reported by study members at age 18 using the Multidimensional Personality Questionnaire (Tellegen and Waller 1994). Impulsivity and Inattention were collected from infor- mants at age 18 with single-item measures. “Adolescent low self-control” sums these scales and contains information from 76 measurement items (Wright et al. 1999a).

    The variable “self-perceived criminality” was measured at both ages 18 and 21 with the following question: “Compared to most people your age, about how would your rate yourself on this scale from 1 to 10? 1 = you do less illegal things than the average person, 10 = you do more illegal things than the average person, and 5 = you are about like most people.” Study members responded to the 1-10 scale using a visual ladder. We recognize that some readers may find this measure of criminal propensity to be controversial due to possible overlap of the outcome measure of self-reported delinquent acts; however, we use it in this article for several reasons. Most fundamentally, we view self-perceived criminality as a distinct theoretical construct from crimi- nal behavior for it incorporates individuals’ reference groups as well as other cognitive processes that generate self-appraisal.7 Also, the study of deter- rence emphasizes the importance of perceived punishments and rewards, and so its clearest linkage to criminal propensity would also be in the realm of perceptions (i.e., self-perceived criminality).8

    We analyzed two types of deterrence perceptions. The first, “getting caught,” was measured at ages 18 and 21 (which we combined into one vari- able) and then again at age 26 (a second variable). At each age, study mem- bers responded to a series of questions about the detection of seven different criminal behaviors. Study members were asked, “If you did  [crime] on 10 different days, how many times do you think that you would get caught for doing it?” Their answers were coded from 0 to 10 days, with higher scores indicating a greater risk of detection. The crimes inquired about included shoplifting, car theft, burglary, and using stolen credit cards (all three ages), marijuana use, hitting someone in a fight, and driving while drunk (ages 21 and 26 only).

    The second type of perception variable, “social sanctions,” was measured at ages 21 and 26 (two separate variables). Study members answered a series of questions about what would happen to them if others found out that they had committed various crimes. The first question asked “Would you lose the respect and good opinion of your close friends if they knew that you ——?” The crimes inserted here were shoplifting, car theft, burglary, using stolen credit cards, marijuana use, hit someone in a fight, and driving while drunk. The study members could answer “yes,” “maybe,” or “no.” The remaining questions referred to the same crimes and asked, “Would you lose the respect

    192 JOURNAL OF RESEARCH IN CRIME AND DELINQUENCY

     

     

    and good opinion of your parents and relatives if they found out that you ?” “Would it harm your future job prospects if people knew that you ?” “Would it harm your chance to attract or keep your ideal partner if people knew that you ?”

    Unfortunately, the otherwise rich Dunedin data set does not measure study members’ perceptions about the rewards of crime. Based on the theo- retical discussion above, we would expect that these rewards would have their strongest pull toward crime among those individuals most prone to crime—just as the costs of crime should most affect these same, criminally prone people. However, we cannot test this expectation of reward percep- tions with our data. The omission of reward data might alter our findings, however, if reward-perceptions make spurious the causal linkage between cost-perceptions and criminal behavior. We have no a priori reason to ex- pect this type of spuriousness, though, nor have previous studies of rewards in deterrence models suggested its existence (e.g., Bachman et al. 1992; Paternoster and Simpson 1996; Piliavin et al. 1986).

    In our analyses, we standardized the criminal-propensity and deterrence- perception variables described above to have a mean of zero and a standard deviation of one. This standardization makes regression coefficients easier to interpret, with a one standard deviation change in X producing some esti- mated change in Y. Centering these main effects at zero also reduces multicollinearity in interactive models (Jaccard, Turrisi, and Wan 1990:31).

    We constructed our dependent variables with self-reported offending data measured at age 26 with an instrument developed by Elliott and Huizinga (1989) for the National Youth Survey (and adapted for use in the Dunedin Study). This instrument asked study members about their participation in 48 different criminal acts, commonly committed by young adults, during the previous year. These criminal acts included traditionally studied crimes such as theft, burglary, assault, fraud, and drug offenses. They also included other crimes such as credit card fraud, prostitution, embezzlement, disability fraud, abusing a child, and moving from an apartment without paying the final bills. For sensitivity analyses, we also analyzed the self-reported crime data from the age-21 interview.

    From these self-reported data, we created two measures of criminal behavior—a variety scale and a relative frequency scale. The variety scale assigns 1 point for every type of crime committed by study members in the previous year, regardless of how often they committed the crime. Previous studies have found that adolescents and young adults often do not specialize in one type of criminal behavior (Piquero et al. 1999), and so the range of their criminal behavior is an important dimension. Variety scales have been described as the best operational measure of general criminal offending (Hirschi and Gottfredson 1995:134).

    Wright et al. / CRIMINALLY PRONE INDIVIDUALS 193

     

     

    To complement the variety scale, we also created a type of frequency scale. We did this by first identifying major subscales of the self-reported crime data—Drug Use, Violence, Theft, Aggression, and Fraud. We did not simply sum together the frequencies of these subscales, however, because they had widely varying distributions. Drug Use, for example, ranged from 0 to 2,408 acts whereas violent crime ranged only from 0 to 4. These differ- ences reflect the differing severity of these crimes. Instead, we standardized the subscales into a common metric with a mean of zero and a standard devia- tion of one, and we then summed together the standardized subscales to mea- sure the relative frequency of study members’ crime—relative in that it mea- sures the frequency of criminal acts relative to other study members. The resulting measure was highly skewed to the right, so we analyzed its logarithm.

    Our multivariate analyses controlled for gender and social class. The gen- der variable was a dummy variable coded 1 = male and 0 = female. The social class variable measured the socioeconomic status (SES) of study members’ families with a 6-point scale developed by Elley and Irving (1976). This scale places parents’ occupations into one of six categories based on the educa- tional levels and income associated with that occupation in data from the New Zealand census. The scale ranges from 1 = “unskilled laborer” to 6 = “professional.” For our analyses, we combined SES levels from birth through age 15 to create a summary measure of study members’ socioeconomic con- ditions while they were growing up (Wright et al. 1999b).

    The data analyzed from the Dunedin Study had relatively few missing cases, usually for only about 2 percent to 3 percent of study members. To account for the missing data in our independent variables, we recoded the missing cases to the mean of the observed cases, and then we created a sepa- rate dummy variable that indicated which cases were recoded. We then included both the recoded substantive variable and the corresponding miss- ing-dummy variable into our regression equations. This procedure allowed us both to analyze more study members and to test if those with missing data differed from those without. We did not present the missing-dummy results, however, unless they were statistically significant.

    RESULTS

    The Distribution of Deterrence Perceptions

    We begin our analyses by examining the distribution of deterrence per- ceptions across levels of criminal propensity. This distribution matters because if criminally prone individuals never view crime as costly or risky,

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    then it makes no sense to assess the deterrent effect of such perceptions on these people. To examine this issue, we plotted the joint distribution of “get- ting caught” at ages 18 and 21 and “self-perceived criminality” in Figure 1. To create this figure, we recoded each variable into quartiles. We then created a four-by-four table and plotted how many study members fell into each of the 16 (4 × 4) cells.9

    If indeed “getting caught” and “self-perceived criminality” had no statisti- cal association, then each bar in Figure 1 should have had a similar height of about 60 study members (one-sixteenth of the total study size), and the figure would have had a flat surface. What we observe in Figure 1, however, is more of a saddle-shaped surface, with the on-diagonal bars rising higher than the off-diagonal bars. This shape illustrates the negative association between the two variables. Important for our analyses, though, each of the 16 cells in this figure contained a nontrivial number of study members. For example, among the 241 study members in the highest quartile of “self-perceived criminality,” 99 (41 percent) scored in the lowest quartile of “getting caught,” but still 74 (31 percent) study members scored in the high or highest quartile (40 and 34, respectively).

    We redid Figure 1 using “social sanctions” instead of “getting caught,” and obtained nearly identical results, as shown in Figure 2. The study mem-

    Wright et al. / CRIMINALLY PRONE INDIVIDUALS 195

    0 10 20 30 40 50 60 70 80 90

    100

    Lowest perceived

    risk of getting caught

    Low risk High risk Highest perceived

    risk of getting caught

    Lowest reported self-criminality

    Low reported self-criminality

    High reported self-criminality

    Highest reported self-criminality# of study members

    Figure 1: The Distribution of Perceived Risk of Getting Caught by Reported Self-Perceived Criminality

     

     

    bers with the highest self-perceived criminality perceived overall low social sanctions, yet a meaningful number of them perceived high sanctions.

    Figures 1 and 2 demonstrate that some criminally prone study members viewed crime as risky or costly, and, conversely, some less-prone individuals did not. This allows us to meaningfully discuss the impact of deterrence per- ceptions at all levels of criminal propensity. It also provides some empirical support for the theoretical position that all persons consider the conse- quences of their behavior and that even those who are high in criminal pro- pensity and impulsivity are capable of foresight. The differences between the impulsive and criminally prone and others, therefore, may be differences in degree.

    Testing the Differential Effect of Deterrence Perceptions

    We tested the differential effect of deterrence perceptions with a series of regression equations that contained interaction terms between deterrence perceptions and criminal propensity. In the first set of equations, presented in Table 1, we used OLS regression to regress the self-reported offending vari- ety scale at age 26 on “getting caught” at ages 18 and 21 and each of the three criminal propensity variables.10 Table 1 has six columns with each column reporting a different regression equation. The first equation, in column 1, tests the main effects of “getting caught” and “childhood low self-control” on

    196 JOURNAL OF RESEARCH IN CRIME AND DELINQUENCY

    0

    20

    40

    60

    80

    100

    120

    Lowest perceived

    risk of social sanctions

    Low social sanctions

    High social sanctions

    Highest perceived

    risk of social sanctions

    Lowest reported self-criminality

    Low reported self-criminality

    High reported self-criminality

    Highest reported self-criminality # of study members

    Figure 2: The Distribution of Perceived Risk of Social Sanctions by Reported Self-Criminality

     

     

    197

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    “variety of criminal behavior at age 26,” and column 2 adds an interaction term created by multiplying together these two predictor variables. Columns 3 and 4 present the main and interaction effects for “getting caught” and “adolescent low self-control.” Columns 5 and 6 present the effects for “self- perceived criminality.” Each of these six equations controls for social class and gender.

    As shown in columns 1, 3, and 5, the main effects of “getting caught” and of each of the three propensity variables were statistically significant and in the expected directions. The study members who anticipated getting caught also committed fewer crimes, and those with low self-control or high self- perceived criminality committed more crimes.

    As shown in columns 2, 4, and 6, the interaction terms between “getting caught” and the three propensity variables were statistically significant and negative.11 Their negative sign indicates that the deterrent effect “getting caught” (i.e., its negative effect) was greatest (i.e., even more negative) among study members low in self-control and high in self-perceived crimi- nality. Because the variables used to create these interaction terms share the same metric, we can roughly compare the magnitude of these interaction coefficients, and the effect of the perceived risk of getting caught on crime interacted most strongly with self-perceived criminality, followed by ado- lescent and childhood low self-control (b = –.354, –.307, and –.260, respectively).

    In the second set of equations, presented in Table 2, we repeated the analy- ses of Table 1 using “social sanctions” at age 21 instead of “getting caught,” and we obtained nearly identical results. As shown in columns 1, 3, and 5, “social sanctions” and each of the three criminal propensity variables signifi- cantly predicted variety of self-reported offending as main effects. In col- umns 2, 4, and 6, the interaction terms between “social sanctions” and the three propensity variables were statistically significant and negative. As such, the deterrent effect of perceived social sanctions was strongest among the criminally prone study members. The effect of perceived social sanctions on crime interacted most strongly with childhood low self-control, followed by adolescent self-control and then self-perceived criminality (b = –.292, –.225, and –.209, respectively).

    To test the robustness of the analyses in Tables 1 and 2, we replicated them using several different model specifications: an OLS regression equation predicting offending at age 21 (instead of age 26), a tobit regression equation predicting offending at age 21, and a tobit regression equation predicting offending at age 26. We estimated tobit equations to allow for left-hand cen- soring due to the 18 percent of study members who reported “zero” crimes at age 26 (and 8 percent reporting zero at age 21; see Caspi et al. 1998 for a dis- cussion of tobit equations).12

    198 JOURNAL OF RESEARCH IN CRIME AND DELINQUENCY

     

     

    199

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Code of Ethics of the Northwest Association of Forensic Scientists

 In a very short time, computers have become commonplace. While most people put computers to good use, segments of the community use computers for criminal ends. Online theft, identity theft, spying and espionage, child pornography, and even child abduction is some of the types of crimes that cybercriminals commit. How do law enforcement officers track down computer criminals and gather evidence leading to their physical whereabouts? The digital forensic analysis of computers and computer data requires a deep understanding of both computer networks and the tools for investigating computer crimes. In this Discussion, you explore computer technology and training involved in breaking computer crimes.

Ch 17 pay close attention to how criminal investigators respond to computer crime, the tools and training involved in developing a computer crime team, and the role of digital forensics.

Choose one tool or technology used to combat computer crimes. Consider how it might evolve and impact future computer crime investigations.

· Article: Byrd, J. S. (2006). Confirmation bias, ethics, and mistakes in forensics. Journal of Forensic Identification56(4), 511–525.
Use the Criminal Justice Periodicals database, and search using the article’s title.

· Article: Saviers, K. D. (2002). Ethics in forensic science: A review of the literature on expert testimony. Journal of Forensic Identification52(4), 449–462.
Use the Criminal Justice Periodicals database, and search using the article’s title.

· Article: Stephens, N. (2006). Law enforcement ethics do not begin when you pin on the badge. FBI Law Enforcement Bulletin, 75(11), 22–23.
Use the Criminal Justice Periodicals database, and search using the article’s title.
· Article: Northwest Association of Forensic Scientists. (n.d.). Code of Ethics of the Northwest Association of Forensic Scientists. Retrieved April 19, 2010, fromhttp://www.nwafs.org/Documents/Code%20of%20Ethics.pdf (for review)

· Article: International Association of Chiefs of Police. (2001). Law Enforcement Code of Ethics. Retrieved April 19, 2010, fromhttp://www.theiacp.org/PublicationsGuides/ResearchCenter/Publications/tabid/299/Default.aspx?id=82&v=1

ASSESSING THE PREVENTION OF JUVENILE DELINQUENCY

ASSESSING THE PREVENTION OF JUVENILE DELINQUENCY:

AN EVALUATION OF A COURT-BASED DELINQUENCY

PREVENTION PROGRAM

Jacqueline Bergdahl, Sarah Twill, Michael Norris, and Matthew Ream

In 2002, the State of Ohio mandated juvenile courts to provide prevention for at-risk youth. This study examined official court records to evaluate the effectiveness of a prevention program administered by the Greene County Juvenile Court. A sample of 362 youth referred to the program for the years 2002 to 2009 by concerned caretakers, teachers, and police was analyzed. Con- sistent with intake goals, 81.7% of clients were referred for at-risk but not actually delinquent behaviors. Completion of the prevention program did not predict future court referrals, but neither did seriousness of referral behavior. Children with two biological parents were significantly more likely to complete the program, whereas referrals to Strengthening Families Program and substance abuse screening significantly predicted program noncompletion. Implications for policy and research are discussed.

Key Points for the Family Court Community:

� This article highlights efforts by county juvenile court to implement a secondary prevention program for at-risk but not officially court-referred youth.

� Delinquency prevention research depends on good juvenile court data and adequate comparison groups. � Evidence-based predelinquent interventions with external process and outcome evaluations should be the standard.

Keywords: At-Risk Juveniles; Caretaker and School Referrals; Delinquency Prevention; Juvenile Court; and State-

Mandated Prevention.

INTRODUCTION

In an effort to reduce juvenile delinquency, preventive programs began to emerge soon after the creation of the first juvenile court in Cook County, Illinois, in 1899 (Scott & Grisso, 1997). The Chicago Area Project emphasized cultivating conventional behavior in at-risk youth for sev- eral decades after its creation in 1932, and the Cambridge-Somerville Youth Study offered pre- ventive treatment from 1942 to 1976 (McCord, McCord, & Zola, 1959; Lundman, 2001). In 1961, the President’s Commission on Juvenile Delinquency and Youth Crime recognized the need for deinstitutionalization of status offenders and community-based programs, which led to the Juvenile Justice and Delinquency Prevention Act of 1974 and establishment of the Office of Juvenile Justice and Delinquency Prevention (OJJDP). Funding became available for implement- ing and evaluating prevention and diversion programs, and despite a regression toward “get tough” juvenile policies in the 1990s (Howitt, Moore, & Gaulier, 1998), delinquency prevention programs continue to be popular (Mihalic, Irwin, Fagan, Ballard, & Elliott, 2004; Bartollas & Schmalleger, 2013).

This article discusses the nature of state-mandated, predelinquent prevention and then describes and evaluates a prevention program provided by a county juvenile court in Ohio. We examined offi- cial court records for 362 youth referred to the program by not only law enforcement but also con- cerned caretakers and school officials between 2002 and 2009. We present sample demographics and

Correspondence: Jacqueline.Bergdahl@wright.edu; Sarah.Twill@wright.edu; Michael.Norris@wright.edu

FAMILY COURT REVIEW, Vol. 53 No. 4, October 2015 617–631 VC 2015 Association of Family and Conciliation Courts

 

 

discuss at-risk behaviors leading to program referrals, types of treatment specified by the court, case outcomes, study limitations, and suggestions for future research.

DELINQUENCY PREVENTION LITERATURE

Studies of prevention and diversion programs have significantly increased our understanding of juvenile delinquency, including the behavioral, demographic, and familial variables associated with it, as well as trends in juvenile offending over time. While the literature describes numerous preven- tion efforts, very few of these programs have been systematically evaluated to determine if they have been both implemented as designed (process evaluation) and effective (outcome evaluation; Mihalic et al., 2004).

The pioneering work of Sheldon and Elenor Glueck (1950) showed the critical influence of family on juvenile delinquency and the importance of early behavioral problems in predicting later delin- quency and crime. Several subsequent studies have examined risk factors for delinquency and ana- lyzed what works to prevent delinquency. Risk factors include both structural influences like low family income, high transience, and overcrowding (Glueck & Glueck, 1950; Sampson & Laub, 1993) and parental risk factors including poor supervision (Sampson & Laub, 1993; Loeber & Stouthamer-Loeber, 1986), parental rejection, harsh or inconsistent discipline (Sampson & Laub, 1993), negative responses by parents, and the absence of a healthy parent–child relationship (Loeber & Stouthamer-Loeber, 1986).

Effective interventions for delinquency prevention include training programs for parents, interven- tions by system professionals, and school- and community-based prevention. Successful training pro- grams for parents typically include parental skill enhancement and behavioral modeling, broad-based content, at least 20 contact hours, clearly identified risk factors, clinical consideration of development, identification of socioeconomic and cultural factors, a skilled staff, and follow-up (Webster-Stratton & Taylor, 2001). Skilled staff was found important for stabilizing the educational experiences of children, identifying and treating emotional and behavioral disorders, and combating abuse and neglect (Web- ster-Stratton & Taylor, 2001; Mann & Reynolds, 2006). School- and community-based prevention pro- grams that achieved the most success included preschool or early-education programs, mentoring, after-school programs, church programs (Welsh & Farrington 2007), and home- and school-based programs (Shoenfelt & Huddleston 2006; Manuel & Jørgenson 2013).

Whether reviewing individual studies, reviews of studies with common research questions, or meta-analyses of similar investigations with weighted average effects, the vast majority of research comes from the United States, and the most effective and promising prevention programs tend to be home- and school-based. Additionally, many studies have methodological issues and/or insignificant differences between treatment and comparison group outcomes. For example, Manuel and Jørgenson (2013) in their international review found only one secondary prevention study with both high- quality methodology and significant improvement for the treatment group.

STATE-MANDATED DELINQUENCY PREVENTION

In January 2002, the Ohio General Assembly approved an amendment to the Ohio Revised Code that allowed for the development of programs for youth deemed at risk of formal court involvement (Ohio State House of Representatives, 2002). This act expanded the responsibilities of Ohio juvenile courts, while enabling development of prevention programs through allocation of federal funds and other resources.

The law mandates counties “. . . to develop a service coordination process to deal with children alleged to be or at risk of becoming unruly children. . .” (Ohio State House of Representatives, 2002, p. 1). The law requires Ohio counties to place children in preventive programs. Interestingly, a sur- vey we did of U.S. juvenile justice statutes revealed only four other states—Florida, New York,

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Illinois, and New Jersey—in which delinquency prevention programs are mandated by law. Finally, the scholarly literature suggests predelinquent interventions definitely showed a preference for fam- ily- and school-based programs over court- and corrections-based interventions, so the program eval- uated here may be disadvantaged. One the other hand, the Greene County Juvenile Court’s (GCJC) prevention is consistent with the literature’s emphasis on early prevention, because children as young as 6 years old are eligible for the prevention program and may be referred by parents, guardians, teachers, and counselors, as well as law enforcement (Gidley, 2002).

From a public health perspective, the type of intervention specified by Ohio is secondary preven- tion. Primary prevention programs such as Drug Abuse Resistance Education (DARE) are aimed at the entire juvenile population, secondary prevention tries to identify at-risk youth and target them for interventions, and tertiary prevention focuses on delinquency that already exists and tries to keep it from getting worse (Cohen & Chehimi, 2007). Secondary prevention has the potential to create sec- ondary deviance (Lemert, 1951; Dickerson, Collins-Camargo, & Martin-Galijatovic, 2012) by expos- ing children who have committed deviant but not necessarily delinquent acts to the trauma and stigma of juvenile court, often called net widening (Schur, 1971; Shdaimah, Bryant, Sander, & Cornelius, 2011). From the labeling perspective, early screening and intervention may have an aggra- vating effect, despite noble intentions, in which children accept labels such as “at risk,” “unruly,” or “predelinquent” in a self-fulfilling prophecy of future delinquency and crime (Merton, 1957; Macallair, 2001). For example, the corrections-based Scared Straight program is widely considered to do more harm than good (Lundman, 2001; Petrosino et al., 2013). Although the labeling perspec- tive has had a great influence on juvenile courts, a competing theory is deterrence, through which children learn their lesson and avoid future court involvement.

THE GCJC PREVENTION PROGRAM

In response to the Ohio State House of Representatives’ legislation, the GCJC created the preven- tion program within its Diversion Department in 2002. The principal form of diversion for all but fel- ony and drug-related delinquency in Greene County is Teen Court, a tertiary prevention program (Norris, Twill, & Kim, 2011). The focus of this research is the GCJC’s prevention program, initially funded by a grant from Job and Family Services, Family and Children First, and Children’s Services, with 1-year extensions after 2004 and a funding increase in 2008.

PROGRAM DESCRIPTION

As described in its brochure, the GCJC prevention program is “. . . designed to be a partnership between families and the community to assist youth who are at risk of court involvement through expanding community support, empowering families and educating children to decrease the number of youth placed on diversion or probation” (Gidley, 2002, p. 2). Services are offered to children between the ages of 6 and 17, and the program’s principal objective is to intervene before unruly or at-risk behavior escalates and requires formal juvenile court involvement; therefore, the prevention program does not accept any youth who have had prior involvement with the juvenile court. Children can be referred not only by law enforcement officials, but also by parents and guardians, school offi- cials, and children’s protective services.

The prevention program staff screens referrals to determine if program eligibility requirements have been met. During the intake process, staff members consider the child’s reported behavioral problems and family situation and make recommendations for treatment. Once children are admitted into the program, they must comply with the conditions of a prevention contract that outlines specific recommendations and rules. Recommended treatment includes case management, community service and/or restitution, Family Fun Night, mental health assessment, mentoring and tutoring, Substance Abuse Subtle Screening Inventory (SASSI), anger management classes, and Strengthening Families

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Program (SFP). Outcomes for these program recommendations are examined later in Table 5 and descriptions of each type of treatment follows.

EXPLANATION OF PROGRAM RECOMMENDATIONS

This section describes the types of treatment that could be recommended for children. Multiple program recommendations could be made for any particular child.

Case management was a common recommendation in case files. After consulting GCJC staff, we determined that this was a catch-all category for prevention candidates who were not specifically referred to other program interventions. Community service may be recommended to promote pro- social behaviors or to make restitution, in which case the number of hours is determined by the amount of restitution owed, at $6.00 for each hour of service. Family Fun Night involves a Wednes- day dinner and game night in the GCJC building and is designed to improve pro-social behavioral interactions among family members. Mentoring and tutoring programs are offered by the court as well as by schools, churches and Big Brothers Big Sisters of America. SASSI uses a one-page sub- stance abuse screening and, based on the score, this can lead to recommendations for treatment from county mental health agencies.

The SFP is identified as “promising” by OJJDP and sequentially counsels children and their care- takers separately, together, and in groups of multiple families (Mihalic et al., 2004; Kumpfer, Xie, & Driscoll, 2012). GCJC uses two forms of SFP based on the ages of the youth involved: Program I is for children aged 5–10 and Program II is for children aged 10–14. Each program meets weekly for 7 consecutive weeks, for 2 hours per week. Parents and youth meet separately with their facilitators to learn communication skills for the first hour and then together as a family for the second hour to practice the skills they just learned. Contracts are voided if the children and families fail to complete the specified recommendations or are otherwise uncooperative, and dropouts may be referred to the formal juvenile court if their behavior warrants it.

This article examines the relationships between behaviors and characteristics leading to program referrals, treatment types, and case outcomes for youth referred to the program in order to determine what predicts future court contact.

METHOD

RESEARCH SAMPLE

All prevention program cases available in juvenile court records from the program’s inception on March 1, 2002, through January 1, 2009, were coded and entered into a data set using SPSS statisti- cal software. Variables of interest included demographic information (sex, race, age, family situation, number of siblings), source of referral, behaviors that led to the referral, court recommendations for clients, and case outcomes. Each case was assigned a three-digit code for confidentiality require- ments and reference purposes.

Table 1 describes the referral source, family situation, and case outcome and what is included in each category of these variables. There are four sources of referrals to the program (family, school, parent and school jointly, and community), four family situations of the children referred (two bio- logical parents, single biological parent, biological parent and partner, and other), and four possible client outcomes (completion with no further court referral, completion with further court referral, fail- ure to complete with no further court referral, failure to complete with further court referral).

The majority of subjects were male (61.9%), White (87.2%), and between the ages of 12 and 14 (52.8%). The ages of referred youth ranged from 5 to 19 years, and the median and modal age for referrals was 12 years. Roughly a third (34.2%) were 11 or younger and 13.1% were 15 or older.

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Missing data were a problem. Case files missing both staff recommendations and case outcome ranged from 12.1% for 2002 data to 44.4% for 2008, with no consistent trend. The percentage of cases with crucial missing data varied from year to year, but on average, almost a quarter of cases had to be omitted for each year of the program’s operation. Some of the missing data can be attrib- uted to several revisions to the intake form during the 7-year period that produced the data analyzed here. Additionally, referrals to the program came from different sources—parents, teachers, school counselors, and law enforcement—in itself a source of variability. Another reason for incomplete records might be court staff prioritizing paperwork for formally adjudicated delinquency cases and lack of oversight by administrators for the data collection process.

A total of 510 case files were initially coded, after which 96 cases missing both intervention rec- ommendations and client outcomes were dropped from the analysis, as were 51 cases missing client outcomes, resulting in a sample of 362 cases.

DATA ANALYSIS

Chi-square statistics were used to analyze the bivariate relationships between case outcome (the dependent variable) and all independent variables. Cases were removed or variable categories were collapsed to ensure that the assumptions about cell size were met. The dependent variable of case outcome was dichotomized into successfully completed versus not successfully completed for multi- variate analysis. Logistic regression analysis was run separately for demographic variables,

Table 1 Coding for Referral Source, Family Situation and Case Outcomes

Variable Name and categories Categories include

Referral Source: Family Father, mother, father & mother, adoptive parent(s) and grandparent School School official Parent & School Parent and school official Community Prevention staff, diversion director, child & family counselor, probation

officer, Children Service Board, police and school & police Family Situation:

Two biological parents Natural mother & father or parents with joint custody Single biological parent Mother or father Biological parent & partner Natural mother & step parent/boyfriend or natural father & step parent/

girlfriend Other Grandparent(s), aunt/uncle, foster care, adoptive parents or guardian

Case Outcome: Successful completion without later court

involvement Successful completion of diversion program with no later court

involvement indicated in record Successful completion with later court

involvement Successful completion of diversion program with: -later return to diversion program with new charge -later traditional juvenile court -later Teen court -re-enrollment into Prevention -later court involvement not otherwise specified

Unsuccessful completion with no later court involvement

Unsuccessful completion with no later court involvement indicated in record:

-did not complete Strengthening Families -did not complete mental health assessment

Unsuccessful completion with later court involvement

Unsuccessful completion with formal charge: -sent to diversion program -sent to traditional juvenile court -sent to Teen court -later formal charge not specified

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instigating behaviors, and recommendations. Forward logistic regression was used to select which of these independent variables best predicted the dependent variable. And finally, the enter method was used to build the simplest model to predict the dependent variable.

Of the youth referred to the prevention program, 98.3% agreed to participate, 0.3% declined, and 1.4% had missing data for this variable. As it is an elective program, those who declined to partici- pate had no further court involvement unless arrested for official delinquency. The three children and their families who volunteered for the prevention program a second time with no formal court referral were an exception.

Table 2 is a cross-tabulation of source of referral by program outcome. School officials referred the majority of clients in the sample, 33.1% of accepted cases. Referrals from concerned caretakers (parents, grandparents, or other guardians) were 19.1% of cases, and 5.5% were referred jointly by school officials and parents. Other actors in the community (police, police and schools jointly, and juvenile court staff) referred 6.9% of clients. These percentages should be interpreted with caution because the source of referral was missing for 35.4% of the 362 cases.

Chi-square statistics were used to analyze the bivariate relationships between case outcome as a dependent variable and family background type as an independent variable in Table 3. Cases were removed or variable categories were collapsed to ensure that the assumptions about cell size were met. In Table 2, source of referral was not a statistically significant predictor of program completion or later court involvement.

In Table 3, the largest proportion of clients came from families with only a single biological par- ent (35.1%), while 19.1% came from a home with two biological parents, and 15.7% were from a home with one biological parent and a partner. Two- biological-parent families had the highest per- centage of program completion (60.9%); followed by other nonfamily, which included foster care (n 5 1), adoptive parents (n 5 11), and guardians (n 5 2) with 56.2% completion; followed by those with an unknown family situation (53.3% completion) and one biological parent (45.6% completion).

Ten at-risk behaviors were coded and entered as potential independent variables into Table 4: poor school performance, disrespect of parents, shirking chores, school detention, school disruption, lying, stealing, temper tantrums or outbursts, fighting with siblings, and destructive behavior. Most problem behaviors likely occurred at home, such as disrespect of parents (63.4%), shirking chores (14.1%), and fighting with siblings (11.4%), or at school, such as poor performance (45.9%), disrup- tion (26.6%), and detention (17.7%).

For other problem behaviors, the location was not suggested by the category of behavior: destruc- tive behavior caused 18.3% of referrals, temper tantrums/outbursts accounted for 19.9% of referrals, while lying accounted for 12.7%. Stealing led to 13.0% of referrals, and other rarer and more serious norm violations tended to accrue in an “Other, please specify” category not shown in Table 4: drug

Table 2 Source of Referral by Program Outcomes

Program Outcome Family School Parent & school Community Unknown v2

Completed: no 27.5% 30.0% 30.3% 28.0% 29.7% 10.020 court involvement n519 n536 n56 n57 n538 Completed: later 23.2% 20.8% 25.0% 24.0% 26.6% court involvement n516 n525 n55 n56 n534 Incomplete: no 30.4% 23.3% 40.0% 28.0% 18.8% court involvement n521 n528 n58 n57 n524 Incomplete: later 18.8% 25.8% 5.0% 20.0% 25.0% court involvement n513 n531 n51 n55 n532 Totals 100.0% 100.0% 100.0% 100.0% 100.0%

Note: * p < .05, ** p < .01, ***p < .001

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use (3.3%), runaway (1.1%), mental health issues (0.6%), physical violence (0.3%), hitting parents (0.3%), and curfew violation (0.3%). Although Table 4 is a cross-tabulation of referral behaviors by program outcomes, none of the instigating behaviors had a significant effect on the four possible out- come combinations of program completion and later court involvement.

Table 5 shows case recommendations by program outcomes. In Table 5, eight recommendations were coded as present or absent: case management, community service, Family Fun Night, mental health assessment, mentor/tutor program, SASSI, anger management, and SFP. Overall, only 53.0% of participants completed the prevention program; this is disappointing, but most referrals were for predelinquent behavior and participation was entirely voluntary. Three recommendations signifi- cantly reduced program completion: only 28% of children referred for SASSI completed the program (p 5 .023); anger management participants had a 47% completion rate (p 5 .042), and only 46% of children referred to SFP were completers (p 5 .000). Referrals for substance abuse have had signifi- cant attrition effects in previous research (Bartollas & Schmalleger, 2013). SFP is considered an effective intervention for high-risk families (Kumpfer et al., 2012), so it is not known from this result whether the families were too dysfunctional to accept the treatment, SFP was not effectively adminis- tered by the juvenile court, or if other factors were present. Anger management was statistically sig- nificant in bivariate analysis, but was not in multivariate analysis and so was dropped in the final model.

More than half (55.2%) of those who completed a prevention program had no later court involve- ment compared to 51.8% of those who did not complete their program, but this difference did not achieve statistical significance.

For those who attended the intake meeting and elected to participate in the program, staff recom- mendations included case management (55.7%), SFP (55.4%), anger management classes (22.9%), mental health assessment (15.2%), Family Fun Night (13.9%), mentoring and/or tutoring (6.9%), drug and/or alcohol screening (6.9%), and community service (4.7%).

Forward logistic regression was conducted to determine which independent variables were predic- tors of successful completion of the diversion program. The independent variables entered into the model included: demographic variables (person of color, gender, age, number of siblings, referral source, and family situation), instigating behaviors (poor school performance, disrespect of parents, shirking chores, school detention, school disruption, lying, stealing, temper tantrums or outbursts, fighting with siblings, and destructive behavior) and recommendations (case management, commu- nity service, Family Fun Night, mental health assessment, mentor/tutor program, SASSI, anger man- agement and SFP). The logistic regression model is shown in Table 6.

Prevention program participant’s family situation was statistically significant when tested by chi- square (see Table 3) but logistic regression analyzes each category separately for this type of

Table 3 Family Situation of Referral by Program Outcomes

Program Outcome

Two biological parents

Single biological parent

Biological parent & partner

Other non -family Unknown v2

Completed: no 34.8% 27.6% 29.8% 28.1% 27.3% 21.51* court involvement n524 n535 n517 n59 n521 Completed: later 26.1% 23.6% 15.8% 28.1% 26.0% court involvement n518 n530 n59 n59 n520 Incomplete: no 29.0% 22.8% 33.3% 31.2% 13.0% court involvement n520 n529 n519 n510 n510 Incomplete: later 10.1% 26.0% 21.1% 12.5% 33.8% court involvement n57 n533 n512 n54 n526 Totals 100.0% 100.0% 100.0% 100.0% 100.0%

Note: * p < .05, ** p < .01, ***p < .001

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