5. Incapacity is required.
There are individuals who disproportionately burden or threaten
society by their conduct. They burglarize homes, steal large amounts
of property, disproportionately affect community safety, tax law
enforcement resources by committing multiple crimes, or threaten
society by acts of violence. These individuals need to be identified prior
to sentencing and careful evaluation should be made to see if there are
community responses that can effectively address these individual’s
needs while maintaining public safety. If available responses are
inadequate to effectively mitigate the potential impact/danger to
the community, incarceration needs to be used to protect the public.
Rehabilitation would be secondarily addressed in prison.
III. Where community treatment responses are utilized,
the system must be effective.
Science indicates that prompt and effective responses to criminogenic
needs reduces the risk of recidivism (Labrecque, Smith, Lovins, &
Latessa, 2014). To be effective, prompt assessment must be made of
the offender’s risk, criminogenic needs, barrier needs, and appropriate
responses. Of the seven dynamic criminogenic needs, antisocial
attitudes, values and beliefs, antisocial personality factors, antisocial
peers, and family conflict comprise the criminogenic need areas that
have the highest correlation to recidivism. Although North Dakota
has recently stepped up responses in the areas of substance abuse,
housing, and employment, these antisocial and family needs which
have the highest correlation to crime have not been aggressively
addressed. These antisocial factors negatively impact all other recovery
efforts attempted in the community. For example, offenders may
get a job, but if they struggle with antisocial values, they fail to
recognize the significance of maintaining employment and setting
career goals. These offenders may leave their job after a short period,
weakening their stability, and adding to their risk to reoffend. Effective
community management requires addressing these antisocial needs
contemporaneously with other responses in an effective manner.
IV. Tailor responses to where needs exist.
It is also important for North Dakota to quantify the various
needs that exist among the offender population and to document
the geographic areas where these needs exist. In some areas of the
state, there may not be any demand for a particular service. It is not
economical to establish a response for a need that does not exist in a
particular location. On the other hand, there may be established needs
in some localities for which there is no appropriate response. These
issues need to be documented and appropriately addressed.
References:
Cullen, F.T., Myer, A.J., & Latessa, E.J. (2009). Eight Lessons from Moneyball:
The high cost of ignoring evidence-based corrections. Victims and Offenders, 4,
197-213.
James, J., Eisen, L.B., & Subramanian, R. (2012). A view from the states:
Evidence-based public safety legislation. The Journal of Criminal Law and
Criminology, 102(3), 821-850.
Labreque, R.M., Smith, P., Lovins, B.K., & Latessa, E.J. (2014). The importance
of reassessment: How changes in the LSI-R Risk Score Can Improve the
Prediction of Recidivism. Journal of Offender Rehabilitation, 53: 116-128.
Latessa, E.J. & Holsinger, A. (1998). The importance of evaluating correctional
programs: Assessing outcome and quality. Corrections Management Quarterly,
2(4), 22-29.
National Institute of Corrections. (2004). Implementing Evidence-Based
Principles in Community Corrections: Collaboration for Systemic Change in the
Criminal Justice System. Retrieved from: https://nicic.gov/implementing-evidence-
based-principles-community-corrections-collaboration-systemic-change-criminal
Pratt, T.C. (2009). Addicted to Incarceration: Corrections Policy and the Politics of
Misinformation in the United States. Thousand Oaks, CA: Sage.
Warren, R.K. (2007). Evidence-based practices and state sentencing policy: Ten
Policy initiatives to reduce recidivism. Indiana Law Journal, 82, 1307-1318
EXPERIENCED
FORENSIC
PSYCHOLOGISTS
Stacey Benson PsyD, LP
[email protected]
18
THE GAVEL
• Expert Witness
Testimony
• Evaluation of Opposing
Experts Reports
• Forensic Record Review
V. Continuous assessment and improvement.
Many of the changes that occur in the government become events
that are never reviewed. Compilation of empirical evidence should be
continuously reviewed to judge system outcomes and to study areas
for improvement. All affected agencies should be involved in and
committed to this effort.
• Forensic Psychological
Evaluations
• Case Consultation
Jessica Mugge, PhD, LP
[email protected]
701-297-7540
COMPETENT. PROFESSIONAL. EFFECTIVE. HONEST.