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CRIME PREVENTION

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Posts in Criminal Justice
The Role of Dynamic Risk and Protective Factors in Predicting Violent Recidivism: Intellectual Ability as a Possible Moderator?

By Karolien Garritsen, Marija Janković, Erik Masthoff, Elien De Caluwé and Stefan Bogaerts

This study investigated which risk and protective factors, based on the 14 clinical indicators of the Historical-Clinical-Future Revised, significantly predicted violent recidivism in a sample of 315 male forensic psychiatric patients. Additionally, it was investigated whether these associations were moderated by intellectual ability. Regarding risk factors, a stronger influence of risky network members, and higher levels of hostility, impulsivity, and addiction significantly predicted violent recidivism. Likewise, regarding protective factors, poorer social and labor skills, and a lower degree of patient’s acceptance of crime responsibility were significant predictors of violent recidivism. Contrary to our expectations, better coping skills and more insight into risky behaviors that can lead to relapse also contributed significantly to an increased likelihood of violent recidivism. Intellectual ability had no significant moderating effect on the associations between the factors and violent recidivism. The results offer an insight into which factors need to be prioritized during treatment.

International Journal of Offender Therapy and Comparative Criminology Volume 68, Issue 2-3 Feb 2024 Pages155-295

Absentee Advocacy: Failures in Harris County's Capital Representation System

By the Texas Center for Justice and Equity: Edited by América Malacara, Will Cover, and Jay Jenkins

Since the U.S. Supreme Court legalized the death penalty in 1976, Harris County, Texas, has executed more people than any other non-Texas state in the union. 1 In part, this can be atributed to systemic issues with the county’s capital representaton process: despite a dramatc reducton in the number of defendants sentenced to death in the recent past, Harris County’s justice system remains rife with dysfunction in capital cases.

Harris County’s shortcomings were recently detailed in Death by Design, a report by the nonprofit Wren Collective that highlights failures in how the County handles cases where a defendant is accused of a capital crime and faces the death penalty or a sentence of life without parole – effectively death by incarceration. The full Death by Design report is a damning and comprehensive indictment of capital representation in Harris County, based on a detailed analysis of evidence presented in capital cases, attorney caseload numbers, attorney billing records, and case outcomes. Among other things, the report uncovered four cases wherein a defendant facing capital murder charges had no contact with their attorneys outside of court appearances. Not everyone agreed with the conclusions of Death by Design; one local defense attorney (whose law practice has previously represented defendants facing the death penalty) opined that, “Academicians should shut up about something they know nothing about, which is running a small business.” This response is telling, given that community members and advocates have long raised criticisms regarding the financial element of indigent defense in Harris County, largely stemming from the attorney appointment system. While the establishment and slow growth of the Harris County Public Defender’s Office within the last 15 years has been encouraging, the County’s elected criminal court judges retain control as to which attorneys are appointed to represent indigent defendants. Previous research has revealed that defense attorneys from the private bar who donate to judicial election campaigns are often rewarded by those same judges with indigent defense appointments. These attorneys are paid for their services out of the public coffers, but the judge must approve expenses related to their cases, such as hiring experts and investigators, as well as approve the amount of compensation to be paid to lawyers for their work. In years past, several attorneys have regularly received hundreds of thousands of taxpayer dollars in reimbursement per year in these cases, with one attorney recently topping one million dollars in yearly fees.6 Unfortunately for indigent defendants in Harris County, the Public Defender’s Office does not accept capital cases, leaving those defendants’ attorneys to be chosen by the judge presiding over their case. These attorneys steadfastly maintain that this appointment system in no way affects their representation.

Austin, TX: Texas Center for Justice and Equity, 2024. 6p.

Industrial manslaughter laws

By Lenny Roth

The issue of criminal responsibility for workplace deaths has generated debate in NSW and nationally for many years. In October 2023, the New South Wales government announced that it would introduce an industrial manslaughter offence in the first half of 2024, with severe penalties for serious work health and safety breaches that result in death.

The purpose of this paper is to put the proposed reforms in their current and historical context. The paper discusses the general criminal offence of manslaughter, outlines the key offences in current work health and safety laws, summarises the debate, and examines industrial manslaughter laws in other Australian jurisdictions.

Sydney: State of New South Wales through the Parliament of New South Wales , Parliamentary Research Service, 2024. 28p.

Deconstructing Burglary

By Ira P. Robbins

The law of burglary has long played a vital role in protecting hearth and home. Because of the violation of one’s personal space, few crimes engender more fear than burglary; thus, the law should provide necessary safety and security against that fear. Among other things, current statutes aim to deter trespassers from committing additional crimes by punishing them more severely based on their criminal intent before they execute their schemes. Burglary law even protects domestic violence victims against abusers who attempt to invade their lives and terrorize them. However, the law of burglary has expanded and caused so many problems that some commentators now argue for its elimination. Given broad discretion, prosecutors use burglary to over-punish a wide variety of offenses. The law can even encompass mere instances of shoplifting. Additionally, by punishing perpetrators before they accomplish their target crimes, burglary law often acts as a general law of attempts. Much of the law’s expansion stems from adding the word “remaining” to many burglary statutes. This inclusion allows burglary convictions in circumstances in which a perpetrator enters a structure legally, but then “remains unlawfully.” While this language has led to confusion among courts and legislatures about the scope of burglary, there is scant legal literature addressing this confusion. Scholars have yet to untangle the conflicting interpretations of unlawful remaining, and legislatures have failed to provide guidance that captures the nuances of burglary law. This Article unravels the complexities of burglary law and proposes a model statute that retains burglary law for its protective purposes, while also considering its problematic expansion.

UC Davis Law Review, vol. 57, February 2024

Police and Protests: The Inequity of Police Responses to Racial Justice Demonstrations

By: Sandhya Kajeepeta, Daniel K. N. Johnson

On July 11, 2020, 26-year-old Donavan La Bella was participating in a protest against racialized police violence in Portland, Oregon when a federal law enforcement officer fired an impact munition into his face, causing severe injury including a fractured face and skull. Video footage from the event shows Mr. La Bella standing unarmed with both hands over his head, holding a speaker playing the song “Black Lives Matter” by the recording artist Dax. Federal law enforcement officers then threw a canister of smoke or tear gas toward him, which Mr. La Bella pushed away from his feet. Then, a federal officer fired the impact munition at Mr. La Bella, hitting the young man directly in the face. Mr. La Bella was rushed to the hospital for emergency surgery. He survived the assault, but he has suffered permanent brain damage, including impairments to his cognitive function and impulse control. Donavan La Bella is one of tens of millions of people in the U.S. (and many more across the world) who participated in racial justice demonstrations during the summer of 2020 in response to police killings of Black Americans, including George Floyd and Breonna Taylor. In the U.S., there were well over 7,000 public demonstrations for racial justice across more than 2,400 locations in all 50 states, arguably the largest protest movement in the nation’s history. An overwhelming majority (an estimated 93%) of racial justice demonstrations in the summer of 2020 involved no violence, property destruction, or road blockades. However, police responses to protests varied widely, ranging from no presence at all to mass arrests, indiscriminate use of projectiles and chemical weapons (e.g., rubber bullets, tear gas, pepper spray), and driving police vehicles into crowds of protestors. Those types of police responses served as yet another example of the very police violence that protestors were calling to end. During the summer of 2020, there were also thousands of public demonstrations about issues other than racial justice, such as protests related to COVID-19 pandemic measures, labor movements, LGBTQ rights, political candidates, support for white nationalism, and more. This presented a unique opportunity to study how police responses to protests may have varied depending on the issue being protested. We found striking disparities in police responses to protests in the summer of 2020. At racial justice demonstrations, police were more likely to be present, more likely to have an escalated presence (i.e., riot police, state police, or national guard), and more likely to escalate their response to include arrests, projectiles, and chemical weapons, compared to similar demonstrations unrelated to racial justice. We begin this brief by describing the significance of the right to protest and how inequitable police responses to protest can undermine U.S. Constitutional rights under the First, Fourth, and Fourteenth Amendments. We then present the findings from our analysis of protests in the summer of 2020, discuss the implications of these findings, and argue that police, ultimately, should not be tasked with managing protests.

Washington, DC: NAACP Legal Defense and Educational Fund,2023. 23p.

Ferguson in Focus

By NAACP Legal Defense Fund

Ferguson, Missouri has emerged as the site of the most disturbing display of racial tension, political powerlessness, and police violence in recent memory. The fatal shooting of Michael Brown, an unarmed black teenager, by police officer Darren Wilson in Ferguson, is the latest tragic incident in a recent spate of police-involved homicides. Ferguson’s history of economic exclusion, disenfranchisement, segregation and poverty helped create a political system in which African Americans are grossly underrepresented in local government as well as an environment in which protesters and journalists from around the country were met with tear gas, rubber bullets, assault rifles, Kevlar vests, and military tanks as they bore witness to and reported on the aftermath of Michael Brown’s killing. This briefing paper aims to put Ferguson in focus by opening a window into the political, social, and economic conditions surrounding the life of Michael Brown. The report will look at Ferguson through the lenses of educational inequality, political disenfranchisement, economic inequality, and the criminal justice system – areas in which the NAACP Legal Defense and Educational Fund, Inc.’s historically has rooted its advocacy in support of African-American and other marginalized communities. Ferguson’s unadorned image revealed here is a candid snapshot into many of fault lines in American society. The challenges facing Ferguson are shared by locales across the country, and we can no longer turn a blind eye.

Washington, DC: NAACP Legal Defense Fund, 2024. 9p.

“100 Resilient Cities”: Addressing Urban Violence and Creating a World of Ordinary Resilient Cities

By Patrick Naef

Although the use of resilience in international relations and urban planning has given rise to a growing body of critical research, this contested concept continues to feature prominently in the conversation on the development of cities. Taking the 100 Resilient Cities (100RC) network pioneered by the Rockefeller Foundation as a case study, this article exposes some of the challenges inherent in the implementation of a global model of resilience. Exploring initiatives related to violence prevention in the member cities of Medellin, Cali (Colombia), Chicago (United States), and Belfast (Northern Ireland), this study will look at the practices of resilience officers, a position created by the 100RC network, and determine whether it can be considered as a new profession in the field of resilience planning. It will also use urban resilience to question the category of global cities, by suggesting that networks centered on resilience can serve as globalizing agents for “ordinary cities” (Robinson 2006). Finally, this article maintains that although the flexible and elusive definition promoted by 100RC facilitated a global circulation of the concept, its one-size-fits-all approach implied significant challenges and led in some cases to its depoliticization.

Annals of the American Association of Geographers 2022.

California Law Enforcement Agencies are Spending More but Solving Fewer Crimes

By Mike Males

California is not “defunding the police” nor implementing lenient criminal justice reforms – just the opposite. State spending on law enforcement has risen sharply, even after adjustments for inflation and population growth. The odds of being imprisoned per arrest have risen to near-record heights. However, despite record spending on California law enforcement agencies in recent years, one of the core measures of law enforcement effectiveness— crime clearance rates — has fallen to historically low levels. An agency’s clearance rate is the share of Part I violent and property crimes2 that are considered solved after law enforcement makes an arrest. Over the past three decades, these clearance rates fell by 41%, from a 22.3% clearance rate in 1990 to 13.2% in 2022, which equates to fewer than one in seven crimes solved (Figure 1, Table 1). California’s decline in overall clearance rates has been driven by falling property felony clearances (-59%), though the solve rate for violent felonies also fell during the 1990 – 2022 period (-14%).

San Francisco, Center on Juvenile and Criminal Justice. 2024, 8pg

Police body-worn camera technologies in responses to domestic and family violence: A national study of victim-survivor perspectives and experiences

By Mary Iliadis, Bridget Harris, Zarina Vakhitova, Delanie Woodlock, Asher Flynn and Danielle Tyson

Police body-worn camera (BWC) technologies—affixed to a vest, sunglasses or cap—are deployed by all Australian police agencies, including in frontline responses to domestic and family violence (DFV). This paper presents the findings from the first Australian study focused on how women DFV victim-survivors view and experience BWCs in police call-outs and legal proceedings. Informed by a national survey of 119 victim-survivors, it explores two key concerns relating to the potential consequences of BWC footage: (1) it may facilitate misidentification of the primary aggressor, and (2) perpetrators may use the BWC to present (false) evidence of themselves as blameless.

Australia, Australian Institute of Criminology. 2024, 15pg

Consent searches and underestimation of compliance: Robustness to type of search, consequences of search, and demographic sample

By Roseanna Sommers, Vanessa K. Bohns

Most police searches today are authorized by citizens' consent, rather than probable cause or reasonable suspicion. The main constitutional limitation on so-called “consent searches” is the voluntariness test: whether a reasonable person would have felt free to refuse the officer's request to conduct the search. We investigate whether this legal inquiry is subject to a systematic bias whereby uninvolved decision-makers overstate the voluntariness of consent and underestimate the psychological pressure individuals feel to comply. We find evidence for a robust bias extending to requests, tasks, and populations that have not been examined previously. Across three pre-registered experiments, we approached participants (“Experiencers”) with intrusive search requests and measured their behavioral compliance and self-reported feelings of psychological freedom. Another group of participants (“Forecasters”) reported whether they would comply if hypothetically placed in the same situation. Study 1 investigated participants' willingness to allow experimenters access to their unlocked personal smartphones in order to read through the search histories on their web browsers—a private sphere where many individuals feel they have something to hide. Results revealed that whereas 27% of Forecasters reported they would permit such a search, 92% of Experiencers complied when asked. Study 2 replicated this underestimation-of-compliance effect when individuals were asked to permit a search of their purses, backpacks, and other bags—traditional searches not eligible for the heightened legal protection extended to digital devices. Study 3 replicated the gap between Forecasters' projections and Experiencers' behavior in a more representative sample, and found it persists even when participants' predictions are incentivized monetarily.

Journal of Empirical Legal Studies, Volume21, Issue1, March 2024, Pages 4-34

Missed Opportunities: Why Inaction on Preventative Measures Undermines Public Safety in Washington, D.C.

By Justice Policy Institute

A nearly decade-long failure of the Bowser Administration to fund and implement evidence-based strategies to prevent violence and strengthen communities has contributed to the context for increased crime and violence. Missed Opportunities: Why Inaction on Preventative Measures Undermines Public Safety in Washington, DC uncovers recent trend of a lack of leadership on proactive public safety strategies, instability in key executive agencies, and little coordination of efforts by government officials that have left the District ill-prepared to respond to alarming increases in some crimes. The brief offers a series of recommendations for District leadership:

– Improve the coordination between agencies working to prevent and address violent crime;

– Focus comprehensive resources on the specific people at the center of violence;

– Implement a holistic public health approach to violence prevention and intervention and invest in supports and services in communities;

– Fund efforts to build community trust and efficacy in policing; and

– Evaluate and sustain effective programs and initiatives.

United States, Justice Policy. 2023, 16pg

When police pull back: Neighborhood-level effects of de-policing on violent and property crime, a research note

By Justin Nix, Jessica Huff

Many U.S. cities witnessed both de-policing and increased crime in 2020, yet whether the former con-tributed to the latter remains unclear. Indeed, much of what is known about the effects of proactive policing on crime comes from studies that evaluated highly focused interventions atypical of day-to-day policing,used cities as the unit of analysis, or could not rule out endogeneity. This study addresses each of these issues,thereby advancing the evidence base concerning the effects of policing on crime. Leveraging two exogenous shocks presented by the onset of the coronavirus 2019 (COVID-19) pandemic and social unrest after the mur-der of George Floyd, we evaluated the effects of sudden and sustained reductions in high-discretion policing on crime at the neighborhood level in Denver, Colorado.Multilevel models accounting for trends in prior police activity, neighborhood structure, seasonality, and popu-lation mobility revealed mixed results. On the one hand,large-scale reductions in stops and drug-related arrests were associated with significant increases in violentThis is an open access article under the terms of theCreative Commons Attribution-NonCommercial-NoDerivsLicense, which permits use and distribution in any medium, provided the original work is properly cited, the use is non-commercial and no modifications or adaptations are made and property crimes, respectively. On the other hand,fewer disorder arrests did not affect crime. These results were not universal across neighborhoods. We discuss the implications of these findings in light of debates concerning the appropriate role of policing in the 21st century.

United States, Criminology. 2023, 16pg

Cannabis Legalization and the Policing of Boating Under the Influence in Washington State: Exploratory Research on Marine Officers’ Perceptions

By Duane Stanton Sr.1 , Nicholas Lovrich, David Makin, Mary Stohr, Dale Willits, Craig Hemmens and Mikala Meize

In 2012, Washington State legalized recreational cannabis. The challenge of policing cannabis-related motor vehicle operator impairment emerged as an issue in the wake of legalization. There has been less focus on exploring the topic of boating under the influence (BUI), which is regrettable given the popularity of boating. The National Association of State Boating Law Administrators and the National Safe Boating Council (NASBLA), in concert with the U.S. Coast Guard, have identified cannabis-impaired boating as a major problem and are using resources from the Sports Fish Restoration and Boating Trust Fund to address it. To explore this topic, we conducted 17 semi-structured qualitative interviews with local and state law enforcement marine officers and their supervisors and trainers in Washington, as well as NASBLA-certified BUI trainers. These interviews explored the marine officers’ experiences since legalization, as well as their perceptions of marijuana legalization on public safety. Results drawn from the interviews indicate that marine officers are very concerned about the threats to public safety and responsible boating practices arising from cannabis-impaired boating and feel that enhanced training and funding is needed to better detect impairment and enforce BUI laws. Public policy, police training, and best practices implications arising from these interviews are discussed.

American Journal of Qualitative Research August 2020, Vol.4 No. 2, pp. 1-19,

Educating for Peace through Countering Violence: Strategies in Curriculum and Instruction

Edited By: Candice Carter, Raj Kumar Dhungana

This book advances knowledge about the implementation of peace and non-violence strategies in education that counter violence. Addressing both hidden and direct violence, it examines the harm to wellbeing and learning through a unique exploration of the role of teachers, and confronts the roots of violence in educational settings. Presenting and critiquing a range of pedagogical tools, case examples, and research, it examines how various methods can be used for identifying and proactively responding to conflicts such as injustice, discrimination, and prejudice, among others. Contributors present case studies from a range of global contexts and offer cutting-edge research on the applications of these resources, and how they contextualize peace education. An essential read for educators, teacher educators and peace scholars, it crucially offers pathways for confronting and healing from violence in both formal and informal sites of education.

New York: Routledge, 2023. 340p.

Need for Chaos and Dehumanization Are Robustly Associated with Support for Partisan Violence

By Alexander Landry, James Druckman, and Robb Willer

Recent, high-profile acts of partisan violence have stimulated interest among academics and the general public in the etiology of support for such violence. Here, Landry, Druckman, and Willer report results of an exploratory study that (1) measures support for partisan violence with both abstract items (e.g., general support for partisan violence) and support for more specific acts (e.g., support for a partisan motivated shooting), (2) follows recently established best practices by including attention checks to attenuate response bias, and (3) incorporates measures of a wide range of potential confounders as control variables. Across three data collections (total N = 2,003), including two with nationally representative samples, and tracking seven unique operationalizations of support for the use of violence against out-partisans, they find the most consistent and typically largest relationships with an individual’s reported “need for chaos” (e.g., agreement with statements like: “Sometimes I just feel like destroying beautiful things”) and the extent to which they dehumanize supporters of the opposing party. The researchers speculate this reflects a motivation to use extreme methods (need for chaos) toward one’s political rivals, liberated from the moral restraints that inhibit harming fellow human beings (dehumanization). System justification and social dominance orientation were also both positively related to support for partisan violence, which may reflect partisans’ desire to protect their preferred social order from out-partisans deemed to threaten it. Collectively, these results offer a framework for future research on support for partisan violence, highlighting the role of extreme orientations toward society and rival partisans.

Evanston, IL: Institute for Policy Research,  Northwestern University, 2023. 56p

Immigration Enforcement and Public Safety 

By Felipe Gonçalves, Elisa Jácome, and Emily Weisburst

How does immigration enforcement affect public safety? Heightened enforcement could reduce crime by deterring and incapacitating immigrant offenders or, alternatively, increase crime by discouraging victims from reporting offenses. The researchers study the U.S. Secure Communities program, which expanded interior enforcement against unauthorized immigrants. Using national survey data, they find that the program reduced the likelihood that Hispanic victims reported crimes to police and increased the victimization of Hispanics. Total reported crimes are unchanged, masking these opposing effects. The researchers provide evidence that reduced Hispanic reporting is the key driver of increased victimization. Their findings underscore the importance of trust in institutions as a central determinant of public safety.

Evanston, IL: Institute for Policy Research,  Northwestern University, 2024. 95p.

Measuring Racial Disparity in Local and County Police Arrests

By Beth Redbird and Kat Albrecht

Racial disparity in arresting behavior is a significant concern for people of color. It also delegitimizes law enforcement, increases tension between police and citizens, and can even increase crime. Efforts at police reform stall, in part because racial disparity in policing was previously unmeasurable. The authors present three new measures of racial disparity in arrest, measured across more than 13,000 agencies nationwide, allowing for reliable analysis of disparity across time and geographic space. These measures are validated against Department of Justice law enforcement misconduct investigations, the “gold standard” for assessing racial disparity in policing.

Evanston, IL: Institute for Policy Research,  Northwestern University, 2020. 48p.

Measuring the capacity to combat illicit tobacco trade in 160 countries

By Valerie Gilbert Ulep, Monica Paula Lavares & Ariza Francisco 

Illicit trade of tobacco negatively affects countries’ tobacco control efforts. It leads to lower tobacco prices and makes tobacco products more accessible to vulnerable populations. In this study, we constructed an illicit tobacco trade index, which measures the structural and institutional capabilities of 160 countries in addressing illicit tobacco trade. We collected the most recent and best available data on general governance, tobacco control policies, and trade and customs practices. Singapore, New Zealand, Finland and Sweden lead countries with the most favorable illicit tobacco trade score. We observed a positive relationship between illicit tobacco trade scores and Gross National Income (GNI) per capita and a negative relationship with the share of illicit tobacco trade to total tobacco consumption. The capability to combat illicit trade varies across countries. However, on average, low and middle-income countries (LMICs) are less capable of addressing illicit tobacco trade as suggested by the lower illicit tobacco trade index score. The lower index score in low and middle-income countries was mainly driven by low scores in tobacco control policies and trade and customs practices and conditions. Our study reinforces the importance for LMICs to adopt the WHO’s Protocol to Eliminate Illicit Tobacco Trade Products, particularly committing to treaty obligations and investing on track and trace system and other customs reforms.

Phillipines: Globalization and Health, 2021, 8p.

Examining Burglary and Robbery Case Clearance Rates for the Knoxville (TN) Police Department

By Hannah D. McManus,. Murat Yildrim, Nicholas Corsaro, Robin S. Engel,

This study documents a multi-faceted examination of incidents of residential burglary and individual robbery reported to the KPD from 2013 to 2017, including descriptive statistics and multivariate analyses. The goals of this research are four-fold: (1) describe trends in reported residential burglary/individual robbery incidents over time, (2) describe case characteristics in reported residential burglary/individual robbery incidents, (3) identify case-level characteristics of residential burglary/individual robbery incidents that predict case clearance rates, and (4) identify neighborhood-level characteristics that predict case clearance.  

Cincinnati, International Association of Chief of Police (IACP) / University of Cincinnati (UC) Center for Police Research and Policy 2020. 47p.

Police Oversight and Accountability in Virginia

By Virginia Advisory Committee to the U.S. Commission on Civil Rights

The Virginia Advisory Committee explored issues regarding trust and accountability between police and community members, the lack of standardization in policing practices and how they affect the disparities faced by vulnerable communities, as well as an analysis of recent legislative efforts on policing in Virginia.

Washington, DC: USCCR, 2023. 57p.