What Works and What Does Not With Problem Solving Courts

Brian LovinsAssociate Director/UCCIUniversity of Cincinnati

5/9/2012

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

2

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

3

Evidence Based Decision Making Requires

1.Assessment information

2.Relevant research

3.Available programming

4.Evaluation

5.Professionalism and knowledge from staff 4

PRINCIPLES OF EFFECTIVE INTERVENTION

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)

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.

Example of Risk Levels by Recidivism for a Community Supervision Sample

Risk Factors

Primary Risk Factors Criminal (Antisocial) Attitudes Criminal Peers Antisocial Personality Characteristics Criminal History

Secondary Risk Factors Family Substance Abuse Employment Education

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

Increased Recidivism

Reduced Recidivism

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

SO, WHAT HAVE WE TRIED?

Punish the Crime Out of Them

Scare the Crime Out of Them

Dance the Crime Out of Them

Run the Crime Out of Them

Drum the Crime Out of Them

Meditate the Crime Out of Them

EVEN THE SPECIALTY COURTS ARE NOT IMMUNE

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

So What Does Work?

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)

HOW CAN SPECIALTY COURTS IMPROVE?

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

Target a Broad Range of Criminogenic Needs

Criminogenic Antisocial attitudes Antisocial friends Personality factors Lack of Employment Lack of Education Substance abuse Antisocial activities

Major Set of Risk/Need Factors

1. Antisocial/procriminal attitudes, values, beliefs and cognitive-emotional states

Cognitive Emotional States

Rage Anger Defiance Criminal Identity

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

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)

Major set Risk/needs continued:

2. Procriminal associates and isolation from prosocial others

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

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

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

Major set of Risk/Needs continued:

6. Low levels of personal educational, vocational or financial achievement

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

Substance Abuse

8. Abuse of alcohol and/or drugs

It is illegal itself (drugs)Engages with antisocial others

Impacts social skills

Substance Abuse

Issue with peers?

Physiologically Addicted?

Poor emotional regulation?

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

They Can Address Motivation

MOTIVATION ALONE IS NOT ENOUGH…

SO HOW DO WE CHANGE?

Most Effective Behavioral Models

Cognitive behavioral approaches that target criminogenic risk factors

Structured social learning where new skills and behaviors are modeled

Skills Training

Behavioral and Cognitive-Behavioral Skills Train, Model, Rehearse, and Practice new

skill sets Assist offender in making a positive change

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

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).

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

Continuous Quality Improvement

Modify individual practice to address responsivity of the client

Learn from past successes and failures

Inform practice

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

THANKS!

For any additional information please email me Brian.Lovins@uc.edu