evidence-based sentencing. learning objectives describe the three principles of evidence- based...
TRANSCRIPT
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Evidence-Based Sentencing
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Learning Objectives
• Describe the three principles of evidence-based practice and the key elements of evidence-based sentencing;
• Define the potential impact and benefit of these principles and supporting practices on risk reduction among the general offender and the sex offender population; and
• Apply these principles to the adult sex offender population.
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REFORM INTERESTS AND APPLICATION TO SEX
OFFENDERS
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Concerns Among Felony Court Judges and State Chief Justices
• Concerns of felony court judges
– High rates of recidivism among felony offenders
– Ineffectiveness of traditional probation and other sanctions in reducing recidivism
– Lack of effective community alternatives to incarceration
(Peters & Warren, 2006)
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• State chief justices’ top reform interests for the state court
– Public safety through recidivism reduction efforts
Implementation of evidence-based practices and services
Use of empirically-based risk and needs assessment tools
• Direct application to adult sex offenders
Concerns Among Felony Court Judges and State Chief Justices (cont.)
(Peters & Warren, 2006)
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The Rationale for Applying Evidence-Based Practices to Offender
Management and Sentencing
• Offenders, in general, are failing at alarming rates
• 67% rearrested within three years following release from prison
• 30% probationers are reconvicted of a new crime
• Research over the past two decades demonstrates that – through the use of evidence-based practices – recidivism can be reduced by as much as 30%
(Hughes & Wilson, 2003; Andrews & Bonta, 1997)
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KEY TERMS AND PRINCIPLES IN EVIDENCE-BASED
SENTENCING
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Defining Key Terms
• Evidence-Based Knowledge
– Conclusions drawn from studies that have been replicated numerous times with defined, measurable outcomes about the effectiveness of an intervention or process
• Evidence-Based Practice
– The application of empirical research to professional practice
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Defining Key Terms (cont.)
• Evidence-Based Principles
– The three “principles” of evidence-based practice that have been derived from the research on risk reduction
• Evidence-Based Sentencing
– The application of the principles of evidence-based practice to sentencing
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The Three Key Principles of Evidence-Based Practice
(Andrews & Bonta, 2007)
The Risk The Risk PrinciplePrinciple
WHOWHO to target for
intervention
The Needs The Needs PrinciplePrinciple
WHATWHAT to target for
intervention
The The Responsivity Responsivity
PrinciplePrinciple
HOWHOW to target for
intervention
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The First Key Principle: Risk
• Aligning level of intervention with level of risk to produce reduced recidivism
• Empirically based, actuarial instruments assess the level of risk an individual offender is likely to pose
• More intensive services for higher risk and higher need offenders produce the most significant reductions in recidivism
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The Risk Principle: Which is True?
A) Delivering moderate or high intensity interventions to offenders who are at low risk for recidivism can result in an increase in the likelihood to re-offend.
B) Delivering moderate or high intensity interventions to offenders who are at low risk for recidivism can result in a decrease in the likelihood to re-offend.
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The Second Key Principle: Needs
• Criminogenic needs (dynamic risk factors) = changeable conditions in an offender’s life that can lead to re-offense behavior
• Actuarial instruments have been developed to assess these "criminogenic needs”
• Targeting interventions to the unique criminogenic needs of an individual offender has significant risk reduction potential
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Criminogenic Need Areas:The “Big Four”
• Anti-social cognitions
• Anti-social companions
• Anti-social personality (temperament)
• Family and/or marital difficulties
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Criminogenic Need Areas:The “Lesser Four”
• Substance abuse concerns
• Lack of education
• Lack of employment
• Lack of pro-social leisure activities
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More Criminogenic than Non-Criminogenic Needs
More Non-Criminogenic than Criminogenic
Needs
Increased recidivism
Decreased recidivism
Recidivism Reductions as a Function of Targeting Multiple Criminogenic vs. Non-Criminogenic Needs
(Hanson et al., 2009)
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Sex Offender-Specific DynamicRisk Factors
Sexual preoccupationsSexual preoccupations
Access to victimsAccess to victims
Intimacy deficits, Intimacy deficits, conflicts in relationshipsconflicts in relationships
Pro-offending attitudes Pro-offending attitudes
HostilityHostility
Non-compliance with Non-compliance with supervision, treatmentsupervision, treatment
Lifestyle instabilityLifestyle instability
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The Third Key Principle: Responsivity
• Treatment and supervision are most effective when tailored to responsivity factors
• Primary responsivity factors– Cognitive/intellectual functioning– Culture– Gender– Learning style– Level of motivation– Mental health condition
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The Three Components of Responsivity
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Motivational Interviewing as a Key Behavioral Change Tool
• Motivational interviewing engages the offender in his/her plan for change
• Motivational interviewing is skill-based
– The application of specific techniques is critical to its success
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Motivational Interviewing as a Key Behavioral Change Tool (cont.)
• All professionals should be skilled in motivational interviewing
– Judges are increasingly using motivational interviewing
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Increased recidivism
Decreased recidivism
Impact of Adhering to the Core Principles of Effective Correctional Intervention: Risk, Needs and Responsivity
(Andrews et al., 1999)
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Other Research Findings Identifying Interventions and Strategies that “Work” with Offenders
• Cognitive-behavioral interventions
• Positive reinforcement
• Balanced approach to supervision
(Andrews & Bonta, 2007; Aos et al., 2006)
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RELEVANCE OF RESEARCH TO SEX OFFENDERS
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Research Findings Identifying Treatment and Supervision Strategies that Generally Don’t
“Work” with Offenders
• Surveillance models of supervision
• Longer sentences over shorter sentences
• Punishment-oriented sanctions
(Aos et al., 2006)
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Relevance of These Findings to Sex Offenders
• Sex offenders are not “just” sex offenders
• Risk/needs/responsivity studies replicated with sex offenders
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Reducing Risk Among the Adult Sex Offender Population
Evidence-Evidence-Based Based
PracticesPractices
Sex Offender-Sex Offender-Specific Specific
InterventionsInterventions
Risk Risk ReductionReduction
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Reminder: Definition of Evidence-Based Sentencing
Evidence-based sentencing is the application of the principles of evidence-based practice to sentencing.
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FIVE TENETS OF EVIDENCE-BASED SENTENCING
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Five Tenets of Evidence-Based Sentencing
#1: Expect professionals to provide thorough, complete, and
accurate information about offenders so that informed decision-making is possible.
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Five Tenets of Evidence-Based Sentencing (cont.)
#2: On an individual case basis, obtain and apply comprehensive offender assessment data
– Level of risk to re-offend sexually
– Level of risk to re-offend non-sexually
– Sex offender-specific dynamic risk factors
– Criminogenic needs
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Five Tenets of Evidence-Based Sentencing (cont.)
#3: When crafting sentences for the purpose of risk reduction, match interventions to empirically assessed, changeable risk factors
–Sex offender-specific dynamic risk factors, as well as
–Criminogenic needs
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Five Tenets of Evidence-Based Sentencing (cont.)
#4: Use motivational interviewing as a tool to encourage behavioral change
among offenders.
#5: Encourage and support the use of evidence-based policies and practices by all justice practitioners and service providers.
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