California problem solving court 2
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What Works and What Does Not With Problem Solving Courts
Brian LovinsAssociate Director/UCCIUniversity of Cincinnati
5/9/2012
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Evidence Based – What does it mean?There are different forms of evidence:
The lowest form is anecdotal evidence; stories, opinions, testimonials, case studies, etc - but it often makes us feel good
The highest form is empirical evidence – research, data, results from controlled studies, etc. - but sometimes it doesn’t make us feel good
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Evidence Based Practice is:
1.Easier to think of as Evidence Based Decision Making
2. Involves several steps and encourages the use of validated tools and treatments.
3. Not just about the tools you have but also how you use them
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Evidence Based Decision Making Requires
1.Assessment information
2.Relevant research
3.Available programming
4.Evaluation
5.Professionalism and knowledge from staff 4
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PRINCIPLES OF EFFECTIVE INTERVENTION
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Principles of Effective Intervention Risk Principle – target higher risk offenders
(WHO)
Need Principle – target criminogenic risk/need factors (WHAT)
Treatment Principle – use behavioral approaches (HOW)
Fidelity Principle – implement program as designed (HOW WELL)
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Let’s Start with the Risk Principle
Risk refers to risk of reoffending and not the seriousness of the offense.
You can be a low risk felon or a high risk felon, a low risk misdemeanant or a high risk misdemeanant.
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Example of Risk Levels by Recidivism for a Community Supervision Sample
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Risk Factors
Primary Risk Factors Criminal (Antisocial) Attitudes Criminal Peers Antisocial Personality Characteristics Criminal History
Secondary Risk Factors Family Substance Abuse Employment Education
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Who Is More Likely to Reoffend? 1st time DUI Drinking at a bar with friends Crossed the double yellow
line .12 BA Has a serious alcohol problem Employed Has a driver’s license States “The cop was just
doing their job” “It is not ok to drink and
drive” Family that supports sober
lifestyle
1st time DUI Drinking at a bar with friends Crossed the double yellow
line .12 BA Has a serious alcohol
problem Unemployed Driving w/o a license States “The cop was out to
get me” Everyone gets one DUI Family who engages in
alcohol use on a regular basis
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What Makes Offenders Higher Risk
If substance abuse is not highly correlated to recidivism why do we see it so often?
We test for it
What would happen if we had a test for criminal attitudes?
How about a test they took that said they are hanging out with antisocial others?
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Low Risk v High Risk
100% increase
in recidivis
m
33% reduction
in recidivism
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Increased Recidivism
Reduced Recidivism
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Treatment Effects For High Risk Offenders
-34
-18-15 -14
-6 -5-2 -2
2 3 3 35 6 7 8 8 9 10 10
12 12 12 13 13 1315
21 2224 25
2730
3234
0
10
20
30
40
-10
-20
-30
-40
Pro b
abili
ty o
f R
e inc
a rce
ratio
n
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SO, WHAT HAVE WE TRIED?
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Punish the Crime Out of Them
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Scare the Crime Out of Them
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Dance the Crime Out of Them
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Run the Crime Out of Them
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Drum the Crime Out of Them
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Meditate the Crime Out of Them
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EVEN THE SPECIALTY COURTS ARE NOT IMMUNE
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Specialty Courts Have Tried…
Serving low risk & first time offenders
Providing “alternative” interventions like acupuncture
Selecting only those motivated to change
No tolerance policies
Ignoring inappropriate & illegal behavior
Solving social problems versus criminal problems
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So What Does Work?
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Basically Courts that …
Select motivated offenders Train their staff well Have contacts with the participants less often Have a range of services Do not mandate AA/NA Address inappropriate behavior immediately Provide on-going support services
Were more successful
Koetzel-Shaffer (2006)
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HOW CAN SPECIALTY COURTS IMPROVE?
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Evidence-Based Principles for Effective Interventions
1. Use a risk assessment instrument2. Follow the risk and need principle3. Address any barriers to success4. Train offenders in new skills5. Use of positive reinforcements6. Build community supports for the offender7. Measure outcomes8. Quality assurance
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Use a Valid Risk Assessment Instrument to Predict Recidivism
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Target a Broad Range of Criminogenic Needs
Criminogenic Antisocial attitudes Antisocial friends Personality factors Lack of Employment Lack of Education Substance abuse Antisocial activities
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Major Set of Risk/Need Factors
1. Antisocial/procriminal attitudes, values, beliefs and cognitive-emotional states
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Cognitive Emotional States
Rage Anger Defiance Criminal Identity
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Identifying Procriminal Attitudes, Values & Beliefs
What to listen for:
Negative expression about the law
Negative expression about conventional institutions, values, rules, & procedures; including authority
Negative expressions about self-management of behavior; including problem solving ability
Negative attitudes toward self and one’s ability to achieve through conventional means
Lack of empathy and sensitivity toward others
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Neutralization & Minimizations
Neutralization Techniques include:
Denial of Responsibility: Criminal acts are due to factors beyond the control of the individual, thus, the individual is guilt free to act.
Denial of Injury: Admits responsibility for the act, but minimizes the extent of harm or denies any harm
Denial of the Victim: Reverses the role of offender & victim & blames the victim
“System Bashing”: Those who disapprove of the offender’s acts are defined as immoral, hypocritical, or criminal themselves.
Appeal to Higher Loyalties: “Live by a different code” – the demands of larger society are sacrificed for the demands of more immediate loyalties.
(Sykes and Maltz, 1957)
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Major set Risk/needs continued:
2. Procriminal associates and isolation from prosocial others
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Major set Risk/Needs continued:
3. Temperamental & anti social personality pattern conducive to criminal activity including:
Weak Socialization Impulsivity Adventurous Pleasure seeking Restless Aggressive Egocentrism Below Average Verbal intelligence A Taste For Risk Weak Problem-Solving/lack of Coping & Self-
Regulation Skills
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Major set of Risk/Need factors continued:
4. A history of antisocial behavior: Evident from a young age In a variety of settings Involving a number and
variety of different acts
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Major set of Risk/Needs Continued:5. Family factors that include criminality
and a variety of psychological problems in the family of origin including: Low levels of affection, caring and
cohesiveness Poor parental supervision and discipline
practices Out right neglect and abuse
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Major set of Risk/Needs continued:
6. Low levels of personal educational, vocational or financial achievement
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Leisure and/or recreation
7. Low levels of involvement in prosocial leisure activities
Allows for interaction with antisocial peers
Allows for offenders to have idle time
Offenders replace prosocial behavior with antisocial behavior
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Substance Abuse
8. Abuse of alcohol and/or drugs
It is illegal itself (drugs)Engages with antisocial others
Impacts social skills
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Substance Abuse
Issue with peers?
Physiologically Addicted?
Poor emotional regulation?
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According to the American Heart Association, there are a number of risk factors that increase your chances of a first heart attack
Family history of heart attacks
Gender (males)
Age (over 50)
Inactive lifestyle
Over weight
High blood pressure
Smoking
High Cholesterol level
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They Can Address Motivation
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MOTIVATION ALONE IS NOT ENOUGH…
SO HOW DO WE CHANGE?
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Most Effective Behavioral Models
Cognitive behavioral approaches that target criminogenic risk factors
Structured social learning where new skills and behaviors are modeled
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Skills Training
Behavioral and Cognitive-Behavioral Skills Train, Model, Rehearse, and Practice new
skill sets Assist offender in making a positive change
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Use of Positive Reinforcement
Use positive reinforcement to ensure acquisition of new skills
Offender should be recognized for pro-social change
Verbal Praise + some tangible
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1:10 1:08 1:06 1:04 1:02 2:01 4:01 6:01 8:01 10:010%
10%
20%
30%
40%
50%
60%
70%
80%
90%
Ratio of Rewards to Punishments
Pro
babi
lity
of
ISP
Suc
cess
Ratio of Rewards to Punishments and Probability of Success on Intensive Supervision
Widahl, E. J., Garland, B. Culhane, S. E., and McCarty, W.P. (2011). Utilizing Behavioral Interventions to Improve Supervision Outcomes in Community-Based Corrections. Criminal Justice and Behavior, 38 (4).
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Measure Progress in Treatment
Measure change in beliefs, attitudes, and values
Measure skills acquisition, not just compliance measures
Build towards a comprehensive relapse prevention plan
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Continuous Quality Improvement
Modify individual practice to address responsivity of the client
Learn from past successes and failures
Inform practice
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Problem Solving Courts Can Improve
Program length – most are too long and completion rates too low
Need to do a better job of assessment (cover all criminogenic needs)
Target population – need to focus on higher risk Provide or match to services to meet
criminogenic needs Increase intensity based on risk Use curriculum driven treatment (preferably CBT) Include and structure aftercare