Open Access Publisher and Free Library
05-Criminal justice.jpg

CRIMINAL JUSTICE

CRIMINAL JUSTICE-CRIMINAL LAW-PROCDEDURE-SENTENCING-COURTS

Posts tagged Offenders
Risk and Rehabilitation: Supporting the Work of Probation Officers in the Community Reentry of Extremist Offenders

By Michael Jensen,  Sean Doody, and Elena Akers

To date, very little research has examined the specific challenges that individuals with ties to extremism face when reintegrating into their communities after arrest or incarceration. This has produced significant gaps in the scholarship on extremism, including a lack of data on terrorist recidivism from which to devise effective post-release supervision and support strategies. The implications of this knowledge gap extend beyond the halls of academia to matters of national security. Indeed, the United States is currently seeing an unprecedented surge in the number of individuals being released from custody due to their involvement in extremism. Without a robust research literature dedicated to this population, probation officers and service providers are without the scientific knowledge they need to help formerly incarcerated individuals achieve reintegration success. This project sought to address these challenges by focusing on three primary research objectives: 1. Build on existing NIJ-funded research to provide criminal justice professionals empirical data and rigorous analysis on the characteristics of U.S. extremists, their risks for recidivism, and their needs for reintegration success. 2. Gather evidence from in-depth interviews of pretrial services and probation officers, service providers, and system-involved individuals to understand the keys to successful reintegration. 3. Identify the training and education needs of pretrial services and probation officers to help them more effectively support the cases of formerly incarcerated individuals with links to extremism. Our mixed methods approach leveraged: (1) an extension to the Profiles of Individual Radicalization in the United States (PIRUS) dataset designed to estimate instances of both ideological and non-ideological recidivism amongst system-involved individuals with ties to extremism; (2) interviews with pretrial services and probation officers, service providers, and  system-involved individuals to understand the needs and challenges this population faces during disengagement and reintegration; and (3) a survey of probation officers to identify the training and education they need to better support their releasees. We summarize our results below. Recidivism • We analyzed more than 1,800 cases of individuals who spent time incarcerated or on probation for committing extremist crimes from 1990-2022 and found an overall recidivism rate of 18.1%. • This rate is significantly higher than previous estimates, but lower than most estimates of recidivism among individuals who commit more typical crimes. • Recidivism rates were more than twice as high for the individuals in our data who were prosecuted by state or local authorities (26.4%) compared to those who were prosecuted in federal courts (13.1%). • Among individuals who recidivated, 59.2% committed new extremist crimes, 27.9% committed non-ideologically motivated crimes, and 12.9% committed both. • Our detection of a higher overall recidivism rate than previous estimates is due to the inclusion of individuals linked to domestic terrorist groups and movements in our analysis. • We find an exceptionally low rate of recidivism among individuals who committed crimes linked to their support of, or involvement in, international jihadism (7.7%), but a notably higher (19.8%) recidivism rate among individuals involved in domestic extremism. • Individuals motivated by their opposition to abortion reoffended at the highest rate (44.2%) in our data, followed by individuals motivated by environmental and animal rights concerns (27.3%). White supremacists and those with anti-government beliefs—the largest subsamples within our data—had recidivism rates of 18.9% and 16.1%, respectively. • The most important risk factor associated with recidivism is the presence of a criminal record prior to an individual radicalizing to their first extremist offense. For instance, individuals with a pre-radicalization history of violent crime were more than two times as likely to recidivate than individuals without a criminal record prior to radicalization (31.3% vs. 14.6%). • Co-offending, extremist group membership, a family history of extremism, and past trauma are associated with committing new ideologically motivated crimes. • Protective factors like being married, older, or having children did not significantly reduce the likelihood of recidivism in our data. Disengagement from Extremism • Past incarceration is a significant obstacle to disengagement from extremism and tends to co-occur with related exit barriers, such as low social mobility, low educational attainment, unstable work histories, substance use disorder, and mental illness. • The presence of a family member or romantic partner involved in extremism can be a barrier to disengagement as well. When present, this obstacle tends to co-occur with identity-related barriers, like social prestige and financial dependency on an extremist group or movement. • Individuals who spent time in prison, but who did not have family members or romantic partners with ties to extremism, were more likely to disengage when they accessed support services like mental health counseling and substance use treatment and were able to find stable employment. • Individuals who had extremist family members or romantic partners, but who did not experience confinement, disengaged when they became disillusioned with their ideology and severed personal relationships with extremists. • When individuals had both family histories of extremism and periods of incarceration, they were significantly less likely to disengage from extremism. These subjects faced a complex set of psychological, emotional, economic, and social barriers to disengagement that were challenging to overcome. Challenges to Successful Reintegration • System-involved individuals face difficult obstacles to securing basic needs, like housing, employment, and financial security, due to their criminal records and the social stigma associated with their involvement in extremism. • Severing anti-social relationships is an important part of successful reintegration, but it can be socially isolating, emotionally taxing, and traumatizing for system-involved individuals. Moreover, system-involved individuals often find it hard to establish new pro-social relationships upon release. • Mental health concerns and trauma are common experiences among system-involved individuals, as is difficulty accessing needed care. • Substance use, while not unique to extremism, can be a challenge among system-involved individuals after their release from custody. While some individuals may develop substance use disorders prior to entering prison, others describe turning to substances upon release as a form of self-medication and emotional coping. • Stigma is a constant challenge facing system-involved individuals with links to extremism. Beyond undermining individuals’ ability to find gainful employment and housing, social stigma also causes psychological distress due to public skepticism about the individuals’ ability to genuinely disengage from extremism. Case Management, Monitoring and Support Services for Successful Reintegration • Currently, there is no systematic process for identifying and triaging cases of extremism among the federally incarcerated population. Some probation officers reported the use of inconsistent heuristics and strategies to identify potential cases. Other officers reported that their districts do not flag cases with a nexus to extremism. • Probation officers do not always have well-established relationships with other law enforcement agencies, such as the FBI, that may be monitoring the individuals under their care. This can lead to a lack of information sharing and an inability for officers to adequately assess risk.  (CONTINUED)   

College Park, MD: National Consortium for the Study of Terrorism and Responses to Terrorism (START), University of Maryland 2024. 111p.

Childhood Innocence?: Mapping Trends in Teenage Terrorism Offenders

By Hannah Rose and Gina Vale

Also‑called ‘new generation of extremists’ has attracted significant media attention but has suffered from a lack of transparent data and comprehensive, youth‑specific analysis. Against the backdrop of a rapidly evolving threat landscape, this report presents the first in‑depth research into child terrorist activity in England and Wales. Through the construction of a unique dataset of children convicted of terrorism offences in England and Wales since 2016 – published live alongside this report – it investigates how domestic policing and the criminal justice system understand child‑terrorism offending. Key Data Points In the UK since 2016, 43 individuals have been convicted of terrorism offences they committed as minors. Of these, 42 were boys, with only one girl. While the oldest offenders were days before their respective 18th birthdays, the youngest was only 13 years old. Two clear waves of child terrorism offending can be identified. The first, dominated by Islamist cases, runs concurrently with the peak of Islamic State’s territorial ‘caliphate’ until its collapse in 2018. The second wave predominantly comprises extreme‑right cases, emerging in 2018 in the context of post-National Action and the decentralisation of extreme‑right online networks. In total, 16 cases relate to Islamist activity, 25 to the extreme right, and two to unknown or unclear ideologies. Almost a third of the children were convicted of preparing an act of terrorism, including the construction of improvised explosive devices, the plotting of complex mass‑casualty attacks, and attempts by seven children to travel independently overseas for the purpose of engaging in terrorism. Eight children – five extreme right and three Islamist – planned to commit domestic acts of terrorism on UK soil. Eleven minors were convicted of encouraging terrorism, one for providing training for terrorism, one for membership of a banned organisation and one for inviting support for a banned organisation. The most common offence, committed by 26 minors, was the collection of terrorist propaganda. Children created their own propaganda, engaged with violent extremist literature and downloaded operational materials. 19 minors disseminated banned materials with friends, family and anonymous online networks. Proportionally, more extreme right than Islamist offenders pleaded guilty, with many denouncing previously held views, citing adverse childhood experiences, explaining their isolation and desire to fit in with online ecosystems, and claiming childhood innocence. The most common sentence was non‑custodial, accompanied by a rehabilitative and monitoring order, which was handed down to twel  sentence, awarded in two separate Islamist cases, was eleven years to life. The disparity in sentencing between ideological categories may be shaped by four factors: the age at sentencing, greater severity of offence, stronger mitigating circumstances among extreme‑right offenders and a higher proportion of not‑guilty pleas entered by Islamist defendants. A New Threat? Children did not merely mimic the actions or do the bidding of older individuals, but proved to be innovators and amplifiers in their own right. Many attempted and managed to recruit peers and older family members, prepare acts of terrorism without the help of adults, and create their own propaganda images, videos and manifestos. In anonymous transnational online extremist ecosystems, which are widely available and have very low barriers to participation, the potential impact of extremist minors is on a par with adults. Children’s support of terrorist networks presents a new threat. While no attack has been committed by a child in the UK to date, late‑stage foiled plots and transnational activism demonstrate this potentiality. However, children cannot merely be treated as ‘small adults’ with heavily securitised policies. An outcome‑focused system must balance the interests of the public and targeted communities with the best interests of the child to address root causes of radicalisation and secure successful reintegration and threat mitigation.  

London: International Centre for the Study of Radicalisation, 2023. 76p.

The Impact of The Practice Guide for Intervention (PGI) on Recidivism Among Offenders Serving a Community-Based Order

By Evarn J. Ooi

Aim

To investigate the impact of the Practice Guide for Intervention (PGI) on re-offending and imprisonment among supervised offenders serving a community-based order in New South Wales (NSW), specifically, either a good behaviour bond or a suspended sentence.

Method

Introduced in June 2016, PGI led to a substantial overhaul in the delivery of supervision services by NSW Community Corrections Officers (CCOs). Using a difference-in-differences (DiD) strategy, we compare re-offending (imprisonment) between supervised and unsupervised offenders serving a good behaviour bond (suspended sentence) before and after the introduction of PGI. Re-offending (imprisonment) is measured as the probability of committing a new and proven offence (being imprisoned) within 12 months of index court finalisation. The pre-PGI period includes offenders with a finalised court appearance between June and December 2014. There are two post-PGI periods. The first post-PGI period includes offenders with a finalised court appearance between June and December 2016 (the first six months after PGI was introduced). The second post-PGI period includes offenders with a finalised court appearance between June and December 2017, when the use of PGI across NSW was approaching its peak.

Results

Among supervised offenders serving a good behaviour bond, the DiD estimates indicate a small 1 to 2 percentage point increase in re-offending after the introduction of PGI compared with unsupervised offenders. However, the difference is not statistically significant. For supervised offenders sentenced to a suspended sentence, we also find a slight increase in the probability of imprisonment, but the increase is not statistically significant.

 Conclusion

Overall, we do not find evidence that the introduction of PGI led to a reduction in re-offending among supervised offenders sentenced to a good behaviour bond, nor do we find a reduction in the probability of imprisonment among supervised offenders serving a suspended sentence.

(Crime and Justice Bulletin No. 229). Sydney: NSW Bureau of Crime Statistics and Research. 2020. 27p.

Reoffending Among Child Sexual Offenders

By Christopher Dowling, Anthony Morgan and Kamarah Pooley

This study examines reoffending among 1,092 male offenders proceeded against for a child sexual offence in New South Wales between 2004 and 2013, including 863 child sexual assault offenders, 196 child abuse material offenders and 33 procurement/ grooming offenders. Seven percent of child sexual offenders sexually reoffended within 10 years of their first police proceeding for a child sexual offence, while 42 percent non-sexually reoffended. Risk of sexual and non-sexual reoffending was highest in the first two years. Child sexual assault offenders were the most likely to reoffend non-sexually, while procurement/grooming offenders were the most likely to reoffend sexually. There was evidence of transition to other sexual offence types, but this varied between groups. Indigenous status, history of offending and the number of child sexual offences emerged as important predictors of reoffending, although risk profiles varied between offender types

Trends & issues in crime and criminal justice no. 628. Canberra: Australian Institute of Criminology. 2021. 16p.