Karol Lucken

The Value of Religion in Prison An Inmate Perspective

In recent years, religious programming for inmates is being applauded by some as the latest answer to recidivism. Policy makers and correctional officials alike are among the supporters of these programs that go well beyond conventional prison ministry. The emphasis in promoting the expansion of religion-based programs indeed lies in the claim that faith in a higher power prevents relapse into criminal activity better than secular strategies. Whether this claim can be consistently validated remains unclear. Moreover, the sustained focus on religions utility in preventing future criminal conduct diminishes religions immediate value to the inmate during the term of incarceration. With this latter function in mind, this article reports findings from qualitative inquiries conducted in several prisons nationwide. Designed to reveal the meaning of religion to inmates, the study calls attention to the role of religion in preventing devaluation and fostering survival.

Florida's Sexually Violent Predator Program: An Examination of Risk and Civil Commitment Eligibility

Sex offender civil commitment (SOCC) has been enacted in 16 states amid widespread controversy. A critical component of civil commitment is the risk assessment process that determines recommendations for civil confinement once a prison term has expired. This study analyzes the first stage of a two-stage risk assessment process that determines whether eligible sex offenders are referred for clinical evaluation in Floridas Sexually Violent Predator Program. A sample of 773 offenders referred to the program between July 2000 and August 2003 is examined to identify group differences between released and referred sex offenders and the unique effects of legal, clinical, and other factors on the decision to refer for clinical evaluation. Despite considerable discretion given evaluators in assessing risk, the findings indicate substantial and salient group differences between those released and referred and that the primary factors informing referral decisions are consistent with legislative intent, actuarial instruments, and sex offender recidivism research.

Privatizing Discretion: “Rehabilitating” Treatment in Community Corrections

In the past decade, private sector involvement in punishment has been vigorously renewed and expanded. In documenting the growth of this trend, the literature has focused on normative issues related to privately operated prisons. Noticeably missing from the privatization debate is discussion of community corrections. This article seeks to fill this void by examining a rapidly growing trend in community corrections, namely the use of private treatment agencies to provide mandated counseling services to probationers. These services can include sex offense, substance abuse, domestic violence, life skills, impulse control, and anger management counseling. The ethical problems posed by the convergence of rehabilitation, discretion, and profit are raised through concrete examples of privatizations effects on both offenders and the control system. Policy recommendations also are provided to establish more principled treatment sanctioning in the community.

She Said, He Said, Judge Said Analyzing Judicial Decision Making in Civil Protection Order Hearings

A modest body of research has examined judicial decision making in civil protection order (CPO) cases. A major finding of this prior research is that the factors expected to shape judicial responses to CPO requests are often found to be insignificant. Because such decisions are often rendered in an environment of vast judicial discretion and competing allegations, the question of “what matters?” assumes added importance. This study examines permanent/final restraining order (PRO) outcomes for intimate partner violence on a number of variables. Specifically, chi-square analyses were performed examining the associations between granting/denying a PRO and demographic, relationship, hearing, and allegation characteristics associated with the petitioner and respondent. These tests helped to reveal relationships at the bivariate level and aided in further model-building using logistic regression and decision-tree analysis. The findings show that the factors most associated with PRO outcomes, namely, the denial of a PRO, are those reflecting the licit rather than illicit behavior of the respondent.

The dynamics of penal reform

Over the past two decades, a vast body of literature has developed that examines various penal reforms. However, several writers have argued this literature is empirically weak and theoretically overgeneralized. To advance the penal reform literature, it has been suggested that micro-studies informed by multiple theoretical frameworks be employed. This study responds to this call by providing a case study of intermediate punishment. Specifically, the study explores a reforms origins, operations, and outcomes, and how the motivations and activities of several control agents impact this process. A major finding associated with this reform effort is a “piling up of sanctions.” The “piling up of sanctions” exposes offenders to a number of punitive and rehabilitative controls, which often leads to violations and returns to the correctional system. To adequately interpret this and other reform process findings, several frameworks, including organizational, political economy, and professional ideology, are necessary. In particular, Cohens (1984) notion of “deposits” is useful in describing the relationships that underly the reform process.

American penology: Words, deeds, and consequences

A primary argument underlying this paper is that it is possible to capture a particular theory or conceptual rationale in the development of a penal program strategy. Further, it is possible to implement the program in a way that corresponds to both the program strategy and theory and then to evaluate the program to determine the adequacy of both the program strategy and the theory upon which it is based. The history of U.S. penal reform does not illustrate this potential, however. Rather, U.S. penal reforms have been implemented without evaluation and have resulted in a pattern of unintended consequences, most notably increased social control and an associated undermining of democratic rights and individual freedoms, without any corresponding decline in crime. These trends and outcomes are documented in order to draw penal program and evaluation policy implications for the U.S. and their ever expanding penal complex and the Czech Republic in their ongoing efforts to implement a penal system consistent with their newly emerging democratic society.

Making the grade Judicial behavior in civil protection order hearings for intimate partner violence

In the USA, civil protection orders, commonly known as restraining orders, have been underutilized as a means of protecting victims of intimate partner violence. It has been proposed that part of the reason for this underutilization is victim apprehension over treatment by the courts. To improve the experience of accessing legal relief, Court Watch programs have been implemented in various jurisdictions across the country. Court Watch programs monitor judicial behavior on several dimensions, including whether interactions with victims are informational, explanatory, participatory, and respectful. Using secondary data obtained from a Florida Court Watch program, this study examines judicial behavior in 500 civil protection order hearings for intimate partner violence. Applying quantitative and qualitative analytic strategies, we examine Court Watch perceptions of judicial behavior, the association between Court Watch perceptions of judicial behavior and civil protection order outcomes, and factors that might account for judicial behavior.

Victims and the Criminal Justice System: The Vagaries of Integration:

In the U.S., some claim victim integration into criminal justice is nearly complete, as evidenced by the implementation of various victim rights and service programs nationwide. Others claim integration has been scarcely realized, as evidenced by the practices associated with these rights and programs. A question that subsequently emerges is not simply which claim is more accurate, but rather how is the success or failure of integrative efforts to be determined. Success defined by the presence of victim rights and service programs ignores operational realities, whereas failure defined by those realities has focused on the contrary state of victim participation in criminal justice decision-making. This particular empirical focus overlooks a host of other operational realities by which to assess success or failure. The current study reports on certain of these neglected realities, namely the role of criminal justice in facilitating service delivery, and criminal justice perspectives on victim service needs and victims. These perspectives are examined using survey data obtained from 893 criminal justice officials (law enforcement officers, judges, states attorneys, and probation officers) from a large Florida County. The findings show the integration process is still wanting in the following respects: criminal justice perceptions of victims are often negative, criminal justice knowledge of victims services is lacking, and victim service delivery is highly fragmented. The meaning and policy implications of these findings are also discussed.