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Can there be successful reform to our criminal justice system?

By Mollie GilbertMay 4th, 2023in CJ 725

I am incredibly passionate about reforming our justice system and I think focusing on prevention, or an upstream model, to tackle crime is a great solution. To begin the process of prevention work, the roots of the problem needs to be uncovered. Knowing the histories and contexts of our justice system unlocks understanding on how foundational beliefs shape the experience and outcome of individuals involved. When evaluating the process and results of the US system it is clear that the concept of justice is defined in a unique way. Who decides how a community measures justice? Digging for the truth reveals what this system is effective in achieving. Unfortunately, in the US, the origins explain an intentional pattern of harm: a system born out of oppression, control, and racism. This punitive system was merely a method to destroy communities of color and establish a nation based on individualism and capitalism. Now we see how those national values stand in opposition of true justice. 

The article “The Foundational Lawlessness of the Law Itself: Racial Criminalization & the Punitive Roots of Punishment in America”, tackles the topic of US Justice System reform. The topics discussed helped me recognize how the origins of our system make it almost impossible for reform. The author, Kahil Muhammad looks back at American history to discover how this society came to define the criminal and how a criminal was dealt with. This examination revealed that the US strategically criminalized certain identities: “As generation after generation of White colonists and later citizens moved West, the choice to define Native populations and Mexicans as savages or criminals by law, custom, and practice rationalized the eventual creation of the nation” (p. 109). The criminal system was created to punish communities of color for merely existing and to gain control. White settlers perpetuated the idea that “An individual's deviance was a result of ‘cultural pathologies’ and bad parenting ensured delinquency and crime, to which policing and incarceration were the most appropriate responses” (Muhammad, p. 117). When looking back, “Criminal anthropologists assessed female deviance, in part, by subjects’ proximity, or distance from, Western ideals of femininity, morality, and virtue” (Muhammad, p. 112). These racist perspectives still remain to this day, as the justice system has failed to evolve, rather we see that “crime and punishment, in other words, emerged as the platform for the racial inequities established during the colonial era to flourish” (Muhammad, p. 109-110). Even outside of the adult justice system, we often see for Black youths that “The denial of the special protections of the juvenile court … reflected a pervasive view that Black youth were ‘presumed criminal’” (Muhammad, p. 113-114). The criminal justice system was created to enforce and uphold racist ideals. The system conceptualized the criminal as any person of color, and this stereotype persists. There is no justice for all in a system made to maintain white supremacy. 

Included in the article is a quote from the Union Major General Carl Schurz, “But although the freedman is no longer considered the property of the individual master, he is considered the slave of society, and all the independent state legislation will share the tendency to make him such.” He pointed out that although slavery was now illegal, the US found a way to legalize a new form of slavery. Years later this still remains the truth. Black men make up the majority of incarcerated individuals. The system that existed back then still exists now and because the intentions were to criminalize Black men this problem is very much alive and well. I found it interesting that “incarcerated White men saw themselves as Black-adjacent. ‘Some even identify themselves as marked by that history of racial discrimination in recognizing that anti-black lawmaking is behind the sweeping legislative changes that widened the net of the criminal justice system, eventually catching them”(Muhammad, p.111). It makes you question what it truly means to be “Black-adjacent”. It seems that in this context being Black is to be ‘unwanted’ in society or ‘deviant’. By existing in a Black body the US feeds you this message. And when White individuals feel this way, to them it is synonymous with Blackness.

In the book Changing Lenses: Restorative Justice for Our Times, the author is “convinced that much crime and violence is a way of asserting personal identity and power” and that the violence perpetrated by offenders “feeds on low self-confidence and fractured self-esteem”(Zehr, ch. 3). Similarly, the article “An Abolitionist View of Restorative Justice”, describes crime as a “communicative act, expressive conduct, ‘a clumsy attempt to say something’”(Ruggiero). If you are a part of a society that places negative labels on members of your race, they raise you to hate who you are.

If we follow the logic established by these authors, there is no question as to why crimes will be committed. There is also no question as to why people will reoffend. If the current solution further instills self hatred, the problem is perpetuated. Instead of searching for the root cause of the violence or crime in our society, the criminal justice system locks away the symptoms to the “failings of economic, political, or social systems, which consequently deters the reform of these systems'' (Ruggiero). 

This same article discusses Durkheim's theories on social order and presents three “Unity Patterns''. In my opinion, the most utopian patter is the Organic Unity Pattern which “is enacted when individuals develop feelings of reciprocity due to the role and social rewards they enjoy in relation to similarly satisfied individuals”(Ruggiero). If we strive for a society of community and social order, this is one healthy way to achieve it. Currently, we do not have this. Although it is a goal that may never be attained, it's one I think we should strive for. There is no reciprocity and this seems like the true root cause of criminal behavior. The US Justice System fails to function because it perpetuates, instead of addressing the problem. 

 

Works Cited

Howard Zehr. (1995). Changing Lenses : Restorative Justice for Our Times. Herald Press.

Muhammad, K. G. (2022). The Foundational Lawlessness of the Law Itself: Racial 

Criminalization & the Punitive Roots of Punishment in America. Daedalus, 151(1), 107–120. https://www.jstor.org/stable/48638133

Vincenzo Ruggiero, An abolitionist view of restorative justice, International Journal of Law, 

Crime and Justice, Volume 39, Issue 2, 2011, Pages 100-110, ISSN 1756-0616, https://doi.org/10.1016/j.ijlcj.2011.03.001. (https://www.sciencedirect.com/science/ article/pii/S1756061611000279) 

 

Treatment Alternatives to Incarceration for Individuals Suffering from Mental Health Conditions

By Julia StavolaMay 4th, 2023

According to the Department of Justice, approximately half of individuals who experience incarceration as well as over ⅓ of the United States prison populations are simultaneously suffering from a mental illness (DOJ, 2022). Additionally, the American Psychological Association reports that 64% of individuals experiencing incarceration within jails, 54% of individuals experiencing incarceration with state prisons, and 45% of individuals experiencing incarceration within federal prisons have reported to have mental health concerns (DOJ, 2022). Research has also found that within this population of individuals who suffer from various mental health conditions, 64% of them recidivate and are arrested again within 18 months of being released (Lurigio et al., 2004, p.5). These overwhelming statistics support the need for an alternative treatment plan to incarceration, as punitive approaches without the proper mental health treatment have clearly been ineffective in preventing re-entry for this population of individuals.

In many correctional facilities, the cost of incarceration for individuals living with severe mental illnesses is very high. For example, it was found that in the state of Massachusetts, the overall cost of incarceration for individuals living with severe mental health conditions reached about $300 million each year (Johnson et al., 2017, p.23). As a result of this high cost of living, oftentimes these individuals do not receive the proper treatment. More specifically, about 63% of individuals who have suffered from or are currently suffering from mental illness do not receive treatment while experiencing incarceration (National Alliance on Mental Illness). In the instance that correctional facilities do provide mental healthcare, it is often not adequate to meet the needs of the suffering individuals and therefore, do not support re-entry into society following their sentence.  

The population of individuals who are experiencing incarceration and also suffering from mental health conditions are deserving of receiving the proper treatment. Several previous studies have supported this idea by providing suggestions of treatment alternatives. Vera Institute of Justice suggests four effective ways of instituting health and justice into the procedures within the criminal justice system when addressing individuals who have engaged in criminal behavior and suffer from serious mental illness. These include but are not limited to: specialized policing responses (SPR’s), jail diversion, specialized courts, and community reentry planning for individuals who did experience incarceration (Cloud & Davis, 2013). 

  1. Specialized police responses include teams that assist individuals who live with severe mental illness in times of crisis and provide them with treatment without an arrest. These teams include crisis intervention teams and police- mental health co-responder teams, which are suggested to relieve correctional facilities from catering to crisis situations (which many are not equipped to properly do), and decrease stigmatization of their condition by providing treatment instead of incarceration (Cloud & Davis, 2013, p.2). 
  2. Jail diversion is a cost effective alternative to incarceration, providing programs that assist with behavioral health treatment. One example of these programs is the Forensic Assertive Community Treatment (FACT) program, which is a justice based- health partnership that has been proven to yield high cost savings and fewer jail bookings (Cloud & Davis, 2013, p.2).
  3. Specialized courts such as drug courts, mental health courts, and veteran courts are a great alternative procedural system to assist in the court procedures of individuals who suffer from severe mental illness. The purpose of these courts are to provide the option to individuals who have engaged in criminal behavior and struggle with severe mental health conditions with the option to participate in rehabilitative treatment alternatives to incarcerations. For example, many individuals who suffer from post-traumatic stress syndrome and engage in criminal behavior may be given the option to participate in physical treatment programs, such as yoga. A specific organization that provides a mindful treatment alternative through a trauma based approach to individuals court-ordered to participate in an alternative program include Yoga4Change. The mission of this organization is “to achieve lasting, demonstrative change for veterans, individuals who are experiencing incarceration, youth, and people living with mental health conditions through a purpose-driven yoga curriculum”(Yoga4Change, 2014) . This program does not exclude any population, for they provide alternative treatment to individuals who are actively experiencing incarceration and those who are not.  
  4. Lastly, Vera Institute of Justice suggests community reentry planning for individuals who did experience incarceration. Although this service is not an alternative to incarceration, it does provide the proper resources for individuals suffering with severe mental illness to prevent reentry and crisis situations post-release. It was found that “transitional planning to coordinate services for people with substance use and mental health treatment needs in their communities upon release from a correctional facility reduces recidivism and improves health outcomes” (Cloud & Davis, 2013, p.3). 

All in all, these services are few of the many suggested alternatives to incarceration as well as further treatment care for individuals who engage or have engaged in criminal behavior and live with severe mental health conditions. If these practices continue, we would have done our due diligence as a society to build a strong rehabilitative procedural practice for individuals who are system impacted and experience life with mental illness. It is extremely important to support these individuals with treatment alternatives to incarceration with trauma informed approaches, to decrease recidivism and also provide behavioral care to improve their mental health. 

 

Cloud, D., & Davis, C. (2013). Treatment alternatives to incarceration for people with mental health needs in the criminal justice system: The cost-savings implications. Vera Institute of Justice.

DOJ. (2022, May). Mental Health and Reentry: How Court Services Offender Agency Meets the Challenge of Mental Health Community Supervision. Dispatch. Retrieved May 2, 2023, from https://cops.usdoj.gov/html/dispatch/05-2022/mental_health_reentry.html#:~:text=Approximately%20half%20the%20people%20in,path%20for%20prisoners%20returning%20home. 

Hern-Johnson, H., Menchine, M., Goldman, D., & Seabury, S. (2017, September). The cost of mental illness: Massachusetts facts and figures. The Cost of Mental Illness: Massachusetts Facts and Figures. Retrieved May 2, 2023, from https://healthpolicy.usc.edu/wp-content/uploads/2018/07/MA-Facts-and-Figures.pdf 

Home. Yoga 4 Change. (2014). Retrieved May 2, 2023, from https://www.y4c.org/ 

Lurigio, A. J., Rollins, A., & Fallon, J. (2004). The effects of serious mental illness on offender reentry. Fed. Probation, 68, 45.

Mental health treatment while incarcerated. NAMI. (n.d.). Retrieved May 2, 2023, from https://www.nami.org/Advocacy/Policy-Priorities/Improving-Health/Mental-Health-Treatment-While-Incarcerated#:~:text=About%20three%20in%20five%20people,in%20state%20and%20federal%20prisons. 


Trauma and Suicide within Law Enforcement

By helgabMarch 2nd, 2023in CJ 725

Trauma is a serious thing that needs to be taken a closer look at, it is the third largest cause of death worldwide for males and fourth largest death worldwide for females, it was estimated to have caused 10% of all deaths in 1990 (Bourbeau, 1993; Girolami et al., 1999; Murray and Lopez, 1996). “Trauma is defined as one or more events perceived to the individual as harmful or life-threatening, usually causing adverse effects to the individual’s well-being” (Substance Abuse and Mental Health Services Administration, 2019).

Law enforcement officers are at great risk of being exposed to trauma during their work, and the officers are also at a greater risk of developing post-traumatic stress disorder (PTSD), increased suicidal risk, and increased substance use (Collazo, 2022). Police officers are at great risk of being exposed to multiple traumas throughout their careers, it has been estimated that they witness anywhere from 10 to 900 traumatic events throughout their career (Papazogulou & Tuttle, 2018; Rudofossi & Lund, 2009). It is estimated that 15% of male and 18% of female law enforcement officers develop PTSD compared to 1.3% to 5.5% of the general population (Berger et al., 2012, Frans et al., 2005, Hartley et al., 2013).

1.216 first responders ended their own life from January 1st, 2017 to February 27th, 2023, 811 of these individuals were law enforcement officers who majority were active officers at the time (Blue help, 2023). As of February 27th, 2023 16 law enforcement officers have committed suicide, 12 of those were active officers (Blue help, n.d). The trauma that these officers have been exposed to throughout their careers is the leading cause of their suicide and it is important that all officers have access to receive the help that they need without being judged for it. In 2020 there was a discussion on the topic in Dr.Phil who talked to the families of some of these officers and explained that there is a lack of help for them within the police department and that most officers do not seek help out of fear of being judged. In 2019 180 male and 16 female officers lost their lives because they were unable to seek help to the trauma that they were exposed to in their workplace, total of 197 law enforcement officers lost their lives that year which is unacceptable. It is important that not only law enforcement officers but all first responders have access to mental health services that can help them to deal with the trauma that they are exposed to while they are on duty because they are the ones who are responding to situations that most would run away as quickly as they possibly could.

In 2018 the Law Enforcement Mental Health and Wellness Act 2017 was signed into law, this act recognizes that law enforcement officers need support with their mental health. This act ignores the old way of thinking about mental health where only “crazy” people need help and it is taboo to seek help from a mental health professional. The act is a huge step in the right direction however, there are still approximately 150 law enforcement officers ending their own lives every year and it is clear that the stigmatization of mental health is still a problem and it needs to be changed. It is extremely important to understand that it is okay to talk about your problems and not to judge others who do because it should be encouraged especially for first responders who are often the first people on a scene that is traumatizing.

 

References

Becker, C. B., Meyer, G., Price, J. S., Graham, M. M., Arsena, A., & Armstrong, D. A. (n.d.). Law enforcement preferences for PTSD treatment and crisis management alternatives. Behaviour Research and Therapy, 47(3), 245-253. https://doi-org.ezproxy.bu.edu/10.1016/j.brat.2009.01.001

Bourbeau, R. (1993). Analyse comparative de la mortalite violente dansles pays developpes et dans quelques pays en developpe-ment durant la periode 1985-1989. World Health Stat Quart, 46, 4-32.

Collazo, J. (2022). Adapting Trauma-Focused Cognitive Behavioral Therapy to Treat Complex Trauma in Police Officers. Clini Soc Work, 50, 160-169. https://doi-org.ezproxy.bu.edu/10.1007/s10615-020-00770-z

Congress. (2017). S.867 - 115th Congress (2017-2018): Law Enforcement Mental Health and Wellness Act of 2017. Congress.gov. https://www.congress.gov/bill/115th-congress/senate-bill/867

Frans, Ö., Rimmö, P., Åberg, L., & Fredrikson, M. (n.d.). Trauma exposure and post-traumatic stress disorder in the general population. Acta Psychiatrica Scandinavica, 111(4), 290-291. https://doi-org.ezproxy.bu.edu/10.1111/j.1600-0447.2004.00463.x.

Girolami, A., Foex, B. A., & Little, R. A. (1999). Changes in the causes in the last 20 years. Trauma, 3-11. https://doi-org.ezproxy.bu.edu/10.1177/146040869900100101

Hartley, T. A., Violanti, J. M., Sarkisian, K., Andrew, M. E., & Burchfiel, C. M. (2013). PTSD symptoms among police officers: Associations with frequency, recency, and types of traumatic events. International journal of emergency mental health, 15(4), 241-253. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4734407/

McGraw, P. C. (2020, September 11). Behind The Badge: Is 'Code Of Silence' Leading More Law Enforcement To Take Their Own Lives? Dr. Phil. https://www.drphil.com/videos/behind-the-badge-is-code-of-silence-leading-more-law-enforcement-to-take-their-own-lives-alt/

Murray, C. J.L., & Lopez, A. D. (1996). The global burden of disease. The Harvard School of Public Health.

The Numbers. (n.d). Blue H.E.L.P. Retrieved February 27, 2023, from https://bluehelp.org/the-numbers/

Papazoglou, K., & Tuttle, B. M. (2018). Fighting police trauma: Practical approaches to addressing psychological needs of officers. SAGE Open. https://doi-org.ezproxy.bu.edu/10.1177/2158244018794794.

Rudofossi, D., & Lund, D. A. (2017). A Cop Doc's Guide to Public Safety Complex Trauma Syndrome: Using Five Police Personality Styles. Taylor & Francis Group. https://doi.org/10.4324/9781315225142

Substance Abuse and Mental Health Services Administartion. (2022, September 27). Trauma and Violence - What is Trauma and the Effects? SAMHSA. https://www.samhsa.gov/trauma-violence

 

 

 

Mental Health and Mass Murders: The Connection between Trauma and School Shootings

By nikodcMarch 2nd, 2023in CJ 725

Mental Health and Mass Murders: The Connection between Trauma and School Shootings 

 

Almost every type of violent criminal has a motive or driving purpose that makes them want to commit an act of violence against another human being. A special type of violent criminal is the school shooter, who is an individual who takes it upon themself to target innocent children and adults in a classroom setting. One of the most influential factors of a school shooter’s development into a killer is the trauma that they experienced at an early age. Kristen Rowe from the American University Washington College of Law explains that “68% of school shooters witnessed or experienced some form of childhood trauma” (Rowe, 2022). Being exposed to emotional or physical trauma at an early age pushes these children, mostly young boys, to alienate themselves from their family. This makes it much more difficult for them to socialize with children at their school. 

 

Even though the trauma that has been done on these children is most likely something they will have to live the rest of their lives with, intervention is a possibility and one of the best approaches to preventing a school shooting. Deborah M. Weisbrot, M.D. examined the family-life of multiple school shooters and made some interesting conclusions about the importance of spotting school-shooter behavior early. In fact, there were several recommendations that Weisbrot provided, which included: having a child/adolescent psychiatrist evaluate the threats of a school shooting, ensuring that the school consultant is prepared to interpret complex individual, family and group dynamics potentially leading to the expression of threats, such as retaliation for bullying and teasing, and that effective treatment options are made available to the troubled child and their family (Weisbrot, 2008). 

 

Lastly, I’d like to talk about the efforts that should be made towards dedicating resources to victims of school shootings that survived the encounter. These individuals are victims because they have to carry the burden of witnessing others being killed and the stress of almost being killed themselves. This is a severe form of mental trauma that would weigh anyone down. Maya Rossin-Slater from Stanford University’s Institute for Economic Policy Research researched the rate of antidepressant medication prescriptions being written for residents that lived within five miles of a school shooting and discovered some interesting findings. Rossin-Slater’s results indicated “that the average monthly number of antidepressant prescriptions written to youth under age 20 by providers located near schools that experienced a fatal shooting was 21.3 percent higher relative to providers located farther away in the two to three years following a shooting than in the two years before” (Rossin-Slater, 2022). 

 

References: 

 

Rowe, K. (2022, July 24). Influence of childhood trauma on perpetrators of mass shootings. crimlawpractitioner. Retrieved February 27, 2023, from https://www.crimlawpractitioner.org/post/influence-of-childhood-trauma-on-perpetrators-of-mass-shootings

 

Rossin-Slater, M. (2022, June). Surviving a school shooting: Impacts on the mental health, education, and earnings of American Youth. Retrieved February 25, 2023, from https://siepr.stanford.edu/publications/health/surviving-school-shooting-impacts-mental-health-education-and-earnings-american

 

Weisbrot , D. M. (2008, August). Prelude to a School Shooting? Assessing Threatening Behaviors in Childhood and Adolescence. Retrieved February 25, 2023, from https://web.archive.org/web/20170829222303id_/http://www15.uta.fi/arkisto/aktk/projects/sta/Weisbrot_2008_Prelude-to-a-School-Shooting.pdf

Mental Health Treatment in Correctional Facilities

By Lissette SantiagoMarch 2nd, 2023

Lissette Santiago 

February 28th, 20230

MET CJ 752 O1 Forensic Behavior Analysis.

Blog Post.

I will be discussing the need for Mental Health services within a correctional setting, whether that be a jail, prison, or any level of security. As a counselor working inside a prison, Mental Health is not taken as seriously as it should be. A little bit about my job, I work as a Counselor/Facilitator for the Secure Adjustment Unit in a prison. For those of you who do not know what the Secure Adjustment Unit is, per the Massachusetts Department of Corrections, “SAU is defined as a highly structured unit that is not Restrictive Housing which provides access to cognitive behavioral treatment, education, programs, structured recreation, leisure time activities, and mental health services for those inmates assessed as needing a specific structured program intervention to support positive adjustment”(M.ADOC policy, 4). Incarcerated individuals will be placed in this unit after they are assessed on the pattern of behavior that has been displayed. 

Based on the assessments, these incarcerated individuals will be placed on 1 of the three tracks. The first track is Recovery Skills, specific toward Substance Use. The second track is Rational Thinking, specific towards Criminal Thinking, and lastly, track 3 is Interpersonal Effectiveness, specific towards adjustment concerns and conflict management. Through these tracks, as counselors we’re able to create individual program objectives, to measure their progress toward their treatment. The incarcerated individuals that get placed in this unit, have high levels of substance use issues, violence, and SMI, which stands for Serious Mental Illness. Due to the number of SMI participants residing within this unit, there is an imperative to be trauma-informed training for security staff. 

Depending on the incarcerated individual’s mental health status, they will not be seen by the mental health clinicians, and they submit a “sick slip”. Depending on the severity level of the sick slip, mental health clinicians can take up to 1 month to check in with a participant.  If these individuals are in a Mental Health crisis, a certain protocol must be followed. When I read, “The Role of Adult Correctional Officers in Preventing Suicide” I was able to relate my first-hand experience with incarcerated individuals who are in what’s called “crisis”, meaning serious mental distress. In this reading I found the protocol questions to be similar, on page 3 of the reading under “ Responding to a suicidal inmate” number 2 states “ Ask if the inmate is thinking about suicide… this will not encourage him or her to attempt but will let the inmate know it is okay to share how he or she is feeling”( Pg, 3). The protocol for different facilities is different, but ultimately should be addressed because even so, lots of incarcerated individuals do not feel safe telling the officers how they feel mentally. 

The sad reality of prison is that 9 times out of 10  offenders are taunted by their peers and security staff for being in a mental health crisis. Imagine having a panic attack in the middle of the night due to PTSD, and having to tell a correctional officer you need to speak with mental health. While being called a “p***y”, “f***ing idiot”, and much more. These are just a small portion of the informal and underreported actions from Correctional Officers that cause lots of climate issues. Not having enough trauma-informed line staff can cause a person to be re-traumatized and can cause a violent outbreak. According to the National Alliance of Mental Illness, “ Despite constitutional rights for individuals who are incarcerated to receive medical and mental health care, nearly two-thirds of people with mental illness in jails and prisons do not receive mental health treatment”(NAMI,8). Incarcerated individuals do not feel safe expressing their emotions due to the decreasing number of mental health clinicians, and security staff that are not trauma-informed. 

Mental health can be improved in correctional facilities with more trauma-informed care for all staff. However, it also requires a change in perspective. According to “ Implementing Trauma-Informed Care in Correctional Treatment and Supervision” it states “  Viewing criminal behavior through the lens of early trauma does not excuse crime or victimization; rather, it enriches our understanding of how criminal behavior develops and informs intervention strategies. In this way, we can improve desired outcomes such as reduced recidivism and successful reintegration”(Levenson and Willis, 2). Being trauma-informed is not about making excuses for a person’s behavior, it’s about understanding the root issue of a person's actions to prevent mental health crises and rehabilitate negative behavior. As a society, if we want incarcerated individuals to be rehabilitated, we need to strengthen our Mental Health services in correctional facilities. 

References:

Jill S. Levenson & Gwenda M. Willis (2018): Implementing Trauma-Informed Care in Correctional Treatment and Supervision, Journal of Aggression, Maltreatment & Trauma, DOI: 10.1080/10926771.2018.1531959 

Massachusetts Department of Corrections. (2023, January 25). Policy - mass.gov. 103 DOC 427 Behavioral Assessment Units and Secure Adjustment Units. Retrieved February 28, 2023, from https://www.mass.gov/doc/doc-427-behavior-assessment-units-and-secure-adjustment-units/download 

NAMI. (n.d.). Mental health treatment while incarcerated. NAMI. Retrieved February 28, 2023, from https://www.nami.org/Advocacy/Policy-Priorities/Improving-Health/Mental-Health-Treatment-While-Incarcerated 

Suicide Prevention Resource Center. (2014). The Role of corrections Professionals in preventing suicide. U.S Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA). 

 

Forensic Behavior Analysis: Self Care in the CJ Field

By Olivia HaighMarch 2nd, 2023in CJ 725

The criminal justice field is a difficult field to be involved with, whether you are an officer, a counselor, analyst, dispatcher, etc the list goes on and on. Within the criminal justice field, we see quite a high rate of burn out with jobs that are needed to have a functioning society. In today's society it is clear that it is imperative that the current working individuals in the criminal justice field have to make changes to our systems. I do believe that the criminal justice system has been broken and built on negative things that don’t represent our country. We want to build a fair, equal criminal justice system for everyone that resides in this country. That is quite a tremendous pressure on all of us and it can create burn out amongst this field. Not to mention in some law enforcement jobs we see high amounts of suicide rates, such as when you look at correctional officer jobs. In 2018, UC Berkeley did a study that showed correctional officers are at one of the highest risks for depression, PTSD, and suicide, as well as that suicides among law enforcement workers have been increasing over the years recently, (Barr and Thomas). 

To combat the burnt out and poor work satisfaction we see in criminal justice workers, I think that we need to work on promoting self-care for individuals. Encouraging criminal justice workers to take time for themselves and to take a step away from the job is how we can ensure that we have the best version of ourselves working for others. It could highly reduce burn out rates and allow people to really enjoy their jobs by taking a step away and coming back to the job they love doing. Taking a long weekend, using time off to go do something you love or spending quality time with the people you love could improve job satisfaction as well. Fully stepping away from your job and doing things that make you happy is the best form of self-care. We cannot allow ourselves to lose ourselves to work as it's a disservice to the criminal justice system, as well as ourselves. The most important thing people need to realize is that putting yourself first and ensuring that you are feeling your best self is how to enjoy your job and not feel as though you're going to work against your will. 

 

References:

Barr, L., & Thomas, P. (2019, October 17). [Review of Correctional officer suicides in 2019 tied for most in single year: Union president]. Retrieved February 28, 2023, from ABC News website: https://abcnews.go.com/Politics/correctional-officer-suicides-2019-tied-single-year-union/story?id=65828169

A Court that is Making a Difference

By Annemarie HollenbackFebruary 28th, 2023

By Annemarie E. Hollenback in CJ 725

As a nation, we are making strides towards removing the stigma from mental illness.  For many years, defendants in the criminal justice system were not afforded the same care or compassion.  It became apparent that there was a need for an alternative to ‘traditional’ criminal court when it came to individuals dealing with mental illness.   In response to this, mental health courts have begun to emerge in response to the inability of jails to treat properly and effectively those with mental illness.  Their goal is to rehabilitate and treat the offender for their illness, as opposed to using punishment as the only deterrent. Punishing someone for their crime without treating the mental illness that led them to that behavior leaves the offender facing a high percentage of recidivism in their future.

There have been mental health courts in existence for over 20 years.  However, in the beginning, not every offender had access to one.  They were not in every state or every jurisdiction.  As time has gone on, they are becoming more and more prevalent thanks in large part to the criminal justice professionals who recognized a need for this alternative to conventional court for this segment of the population.

The first mental health court in New York City was the Brooklyn Mental Health Court (BMHC).  In existence since 2002, when this approach to mental health care vs. incarceration was still a somewhat new idea, the BMHC began to see defendants (called ‘clients’) in their courtroom.  There was an approach towards treating the whole person.  According to the presiding judge, Matthew D, Erric, defendants with mental health issues had two choices facing them after arrest – they could plead insanity or go to trial/enter a guilty plea and go to prison.  Mental health courts provided the defendants with a third option – come to court and agree to treatment.  By admitting their mental condition played a part in the commission of their crime, they would receive treatment for their illness and be offered the chance at rehabilitation and a more positive outcome at the end of their treatment program.  The participants are still held accountable for their actions but instead of incarceration, they receive appropriate long-term treatment and community-based support.

One of the basic tenents of the BMHC is to treat all clients with respect and dignity, seeing them as individuals with problems that can be addressed within the community as opposed to languishing in prisons.  It’s a successful model, boasting the following statistics.

 

One of the goals of the BMHC is to reduce hospitalizations/arrests and help the clients achieve and maintain psychiatric stability.  Not only does the client benefit from this, but this gives their families (spouses, children, etc.) a sense of hope that they would not have if their family member was incarcerated and not receiving any treatment.  By diverting clients into treatment vs. prison, the whole family benefits and can heal.

Accountability towards the program is achieved through rewards for positive achievements and sanctions for setbacks.  The client is motivated to comply with their treatment plan and treatment plans are tailored to help the client maintain a sense of stability.  There is regular monitoring of not only the progress of the client but also the agencies/service providers who are a part of the treatment plan.

As part of the treatment program, the client receives help with health care issues, homelessness, life skills, job searches and they are provided with the tools to become and remain successful outside of the program.  The BMHC works with many government and non-profit service providers to address these needs.  Instead of serving time and being released, the clients of the BMHC ‘graduate’ from the program.  Just the use of the word ‘graduate’ implies they have achieved something in their life.  It leaves them with a positive outlook moving forward as well as a feeling of accomplishment.   Successful outcomes can result in the client having their criminal charges dismissed or reduced.

The following video offers a glimpse into the BMHC – its mission, its compassion, as well introducing the viewer to some successful graduates of the program.

A successful mental health court can help reduce overcrowding in prisons, reduce the percentage of recidivism and change lives.  It provides access to mental health treatment to those who lack the proper insurance to seek treatment.  At the time the above documentary was made (2019) the BMHC was celebrating the graduation of the thousandth client from their program.  That is no small feat.

The Brooklyn Mental Health Court serves as a model for other mental health courts.  They are striving to not only remove the stigma from mental illness but to treat those who are struggling with compassion, dignity, and a desire to help improve lives for both the clients and their families.

 

Resources:

“Mental Health Courts” in Slate, R.N., & Johnson, W. W. (2008). The criminalization of mental illness. Carolina Academic Press

Center for Justice Innovation:  Brooklyn Mental Health Court.  https://www.innovatingjustice.org/programs/brooklyn-mental-health-court

YouTube.  (2019).  Transforming Lives:  The Brooklyn Mental Health Court. YouTube.  Retrieved February 27, 2023 from https://www.youtube.com/watch?v=IB42mdkOXCs

 

Learning Theories

By Laura Alvarez AtehortuaFebruary 28th, 2023in CJ 725

As I have mentioned before, Learning theories have always been my favorite ones to understand crime. Not only can they explain crime, but they also leave the door open to change. I wanted to extend our discussion about theories and put together some research that I have previously done on learning theories. "A scientific theory of crime should provide a general explanation that encompasses and systematically connects many different social, economic, and psychological variables to criminal behavior" (Bartol & Bartol, 2021. p, 4).

 

 

Sutherland's Differential Association  Theory (DAT) states that behavior is learned through interactions while communicating with our closest groups. Sutherland's DAT has nine principles (Cullen et al. 2018):

  1. Criminal behavior is learned.
  2. Criminal behavior is learned through our communication processes. 
  3. Criminal behavior is learned from our intimate groups.
  4. Learning criminal behavior involves techniques and the motives to commit a crime.
  5. The legal code is seen as favorable or unfavorable, which is how motives to commit criminal behavior are learned.
  6.  A person becomes a criminal when the consequences of violating the law are more favorable than unfavorable.
  7. Differential association varies in frequency, duration, priority, and intensity.
  8. Learning criminal behavior entails the same ways in which we learn any other type of behavior.
  9. Criminal behavior is not excused by general needs and values.

 

 

Aker's Social Learning theory (SLT) states that behavior is learned and reinforced by those groups closest to us through instrumental conditioning. There are four significant concepts (Cullen et. al 2018. p, 81):

  1. Differential association: the primary groups we associate with expose us to definitions and models to imitate.
  2. Definitions: are the meanings we give to behavior.
  3. Imitation: This is engaging in behavior after seeing others.
  4. Differential reinforcement is the balance of rewards and punishments, depending if we see them as positive or negative. 

A study by John K. Cochran, Jon Maskaly, Shayne Jones, and Christine S. Sellers (2017), Using Structural Equations to Model Aker’s Social Learning Theory With Data on Intimate Partner Violence (IPV). The study included people that were in a relationship or had a relationship before. The results in both models proved that SLT could explain IPV in prior and current partners, especially the variables for differential reinforcement, definitions, and imitations. Akers's Social Learning theory has proven to be true when tested and has also shown that it is a general theory that can explain different types of crimes.

 

The code of the street by Elijah Anderson. “The code of the street is a set of informal rules governing interpersonal public behavior, particularly violence. The rules prescribe proper comportment and the proper way to respond if challenged” (Anderson, 2000. Pag. 33). The code has existed for years in different forms through different civilizations, but it has always been there. The perpetuation of the code continues in those societies that are often at a disadvantage. We can see street and descent families and how the children are influenced and learn from those around them. 

 

 

Learning theories explain how people can learn criminal behavior from those around them. But they can also explain why people change or do not commit criminal acts when they are not accepted or committed by those closest to us. Specific theories can explain some crimes better than others. For example, developmental and trait theories can explain life-course-persistent offenders and adolescent-limited offenders. But, intersectionality between theories exists, and it helps to understand crime better and to put more pieces together, as there is not only one reason why crime happens. Regarding learning theories, nature vs. nurture and strains are essential to remember.

 

 

References:

Anderson, E. (2000). The code of the street. Decency, violence, and the moral life of the inner city. Norton & Company Inc.

Bartol, C. R., & Bartol, A. M. (2021). Criminal behavior: A psychological approach (12th ed.). Pearson.

Cochran, J. K., Maskaly, J., Jones, S., & Sellers, C. S. (2017). Using Structural Equations to Model Akers’ Social Learning Theory With Data on Intimate Partner Violence. Crime & Delinquency63(1), 39–60. https://doi.org/10.1177/0011128715597694

Cullen, F. T., Agnew, R., & Wilcox, P. (2017). Criminological Theory: Past to Present. 6th edition. Oxford University Press.

Geographic Profiling for No-Body Homicides

By Jaclynn MckayFebruary 28th, 2023in CJ 725

Investigative psychology, or more commonly known as profiling, has become very popular in recent years due to popular TV series like Criminal Minds (Bartol and Bartol, 2021). The basis behind investigative psychology, coined by David Canter, involves the application of psychological research and principles to the investigation of criminal behavior (Bartol and Bartol, 2021). Our textbook breaks down profiling into five categories, one of which is geographical profiling (Bartol and Bartol, 2021). Bartol and Bartol (2021) describe geographical profiling as a technique used to help locate geographical locations related to a serial offender’s residence or base of operations as well as where the next crime by this perpetrator may take place. This process tends to be highly actuarial and generally involves sophisticated computer software programs, like Criminal Geographic Targeting Program (CGT), Crimestat, or Dragnet, that apply statistical probabilities to areas that seem to fall within the perpetrator’s territory based on their known movement patterns, comfort zones, victim-searching patterns, and the location of the previous crimes (Bartol and Bartol, 2021). Although geographic profiling does not lend to the demographic, motivational, and psychological features of the crime or the perpetrator, it focuses more on how the location of the crime relates to the residence and/or base of operations for unknown offenders of both violent crimes and property crimes (Bartol and Bartol, 2021).

Another form of geographical profiling that was not mentioned in our textbook was brought to my attention about a year ago and it involves the inverse process of what is described above – instead of finding the offender, it focuses on finding undiscovered clandestine graves, body dumps, or scattered remains when the offender is known or still at large but their behavior has revealed a pattern (Moses, 2019). For no-body homicides, or cases in which the victim is suspected to be deceased, but their remains have not been located, with known offenders, investigators can gather all the areas the perpetrator is familiar with, their personality preferences, and risk factors, like risk of being discovered when disposing a body, to try to narrow down where the body may be located (Just Science, 2022). This type of profiling is very important to the field because it helps to allocate resources appropriately, converge manpower on areas that have the highest chance of reaping success, and increases the odds of proper prosecution (Just Science, 2022).

This type of profiling is primarily actuarial and based on statistics, or base rates, gathered by the FBI regarding body disposal (Bartol and Bartol, 2021; Just Science, 2022). For example, people who kill their own children or close family members (not including spouses) often dump the bodies in a one to five mile radius from the home where they were likely killed (Just Science, 2022). This is evident in the death of Caylee Anthony, where her remains were found in a wooded area close to the family home prosecution (Just Science, 2022). In cases where the victim is an intimate partner or spouse, the offender will likely move the body further away, usually 30 miles or more from where they were killed (Just Science, 2022). This is evident in the death of Laci Peterson and her unborn child, where they were dumped in the San Francisco Bay about 90 miles from their home (Just Science, 2022). If the victim was a friend or acquaintance, they are usually found within a radius of ten miles from where they were killed (Just Science, 2022). Additionally, if the victim was a stranger, they may be found closer to the offender’s known area than an acquaintance, but the offender may not try to hide the body, whereas for acquaintances and friends they might (Just Science, 2022).

With humans, sometimes their motivations may vary. For example, some people may try to hide the body so it won’t be found, while others, like serial killers, may want the body in a place where it will be found fairly quickly or in a place where they can return to it easily (Just Science, 2021). Additionally, distance is understood differently among different groups of people (Just Science, 2022). For example, people who live in rural areas travel long distances without a lot of traffic to conduct business, so their perception of distance may be quite different than someone who lives in a metropolitan area (Just Science, 2022). Lastly, in spur of the moment type homicides, the offenders may leave the body where they are or make a haphazard attempt to move it (Just Science, 2022). These differences in perceptions, personality, and motivations are calculated into geographic profiling, so inconvenient areas can be excluded (Just Science, 2022).

If you’re interested in learning more, I interviewed Dr. Sharon Moses in a Just Science podcast episode about this topic here: https://forensiccoe.org/podcast-2022casestudies-part1-ep3/.

References:

Bartol, A. and Bartol, C. (2021). Criminal Behavior: A Psychological Approach. (12th Edition). Pearson.

Moses, S. K. (2019). Forensic Archaeology and the Question of Using Geographic Profiling Methods Such as “Winthropping”. In Forensic Archaeology: Multidisciplinary Perspectives (pp. 235-244). Springer International Publishing. https://doi.org/10.1007/978-3-030-03291-3_15.

Just Science. (2022). Just Forensic Archaeology and Body Dump Sites. Forensic Technology Center of Excellence. https://forensiccoe.org/podcast-2022casestudies-part1-ep3/.

Police Officer Suicide and Suicide Prevention

By Anthony FordFebruary 28th, 2023in CJ 725

Tony Ford

 

It is a sad fact that police officers are more likely to die from suicide than in the line of duty. In 2020, 116 police officers died by suicide while 113 died in the line of duty (Stanton, 2022). In 2021, that number rose to 150 officers dying by suicide (Leone, 2022). Tragically, law enforcement officers have a 54% increase in suicide risk when compared to the civilian population (McAward, 2022). The problem seems to be even worse in smaller departments, which may not have an extensive support system or peer support resources. A 2012 study published in the International Journal of Emergency Mental Health found that departments with less than 50 full-time officers had a suicide rate over triple that of departments that had over 500 full-time officers (Volanti, et.al, 2012). This is concerning, as 49% of the police departments in the United States employ less than 10 full-time officers (Volanti, et.al, 2012).

 

Figure 1 Courtesy of the National Library of Medicine. Figures are per 1,000 officers.

 

 

In the United States, most suicide attempts among the general population are not fatal (McAward, 2022). Yet, when a firearm is used, the chances of a suicide attempt becoming fatal skyrocket. Suicides that involve a firearm have a fatality rate greater than 82% (McAward, 2022). Police officers nearly always have a firearm available. In fact, the majority of law enforcement suicides happen at home, using the officer's own service weapon (McAward, 2022).

 

Figure 2 Data courtesy of the CDC

 

Though more study is needed, the lower suicide rate in larger departments may indicate that many of the mental health and peer support programs in use are having a beneficial effect. My department, which is over 500 sworn officers, has a robust peer support system that has officer volunteers. These volunteers go out to officer-involved shootings to offer support for officers that may need them. In addition, in 2021 we hired an on-staff clinician. She also comes out to deadly-force incidents and is available to speak with the officers. No officer is forced to take advantage of either resource, but they are there if needed. The peer support system has become more robust over time, with more and more offices volunteering to serve in the program. The clinician is also available for counseling services, and officers may go for a session either on or off duty. They do not have to involve their chain of command in the scheduling, and the clinician provides nothing other than a work excuse note. The clinician will also likely become more effective as she spends time with officers and learns the stressors of the job. The support is welcome, as we have lost three officers to suicide since I started in 2002.

There are other things departments can do for suicide prevention. John Becker, a former police officer turned clinician in Pennsylvania, recommends programs for positive stress relief, such as softball, basketball, or bowling leagues (Becker, 2016). He also says that supervisors have a role to play in ensuring open communication (Becker, 2016). Support, he says, doesn’t have to be a group hug. Simply asking a subordinate how their shift went that day would encourage communication (Becker, 2016). He also points out the numerous benefits of better mental well-being in a police force, benefits that extend beyond suicide prevention (Becker, 2016). A healthy department will have fewer complaints and lawsuits, fewer officers calling in sick, fewer grievances and resignations, and even fewer on-the-job injuries (Becker, 2016).

There is no field quite like policing. The higher occurrence of suicides in the field should be met with programs and professionals who understand what officers are going through. Many times the best professionals for that task are other police officers. Departments should strive to have a holistic approach to officers' mental well-being, and show officers that they care about their mental health. A department that ignores this important aspect of employee care is doing a disservice to their officers and the public that they serve.