Juvenile Justice Reform Report Pathways to Desistance 2009
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Research on Pathways to Desistance Research Update Created for the Fourth Annual Models for Change National Working Conference December 8-9, 2009 www.modelsforchange.net An initiative supported by John D. and Catherine T. MacArthur Foundation www.modelsforchange.net www.macfound.org Pathways to Desistance A First Look at Emerging Findings Juveniles can commit serious and sometimes violent offenses, from felony burglary to murder. Their crimes are appalling. But only a minority of these serious offenders will go on to a lifetime of repeated crime; the rest will have relatively little involvement in illegal activity. Nevertheless, they present a challenge to the juvenile justice system. And they fuel an ongoing debate among professionals and in society at large. The sanctions applied to serious juvenile offenders vary widely from one jurisdiction to the next. Even within a given jurisdiction, different youths may receive very different sanctions for similar offenses. Some will spend time in a secure facility, where they may (or may not) receive a range of services. Some are put on probation, with or without a treatment program. Others are sentenced to community service. How do these sanctions and services affect the trajectories of the offenders’ lives? And what measures could put them on a more positive path? The ongoing study already has published some important findings: • Adolescents who become involved in serious crimes are not a particular “type” but a heterogeneous group, much like their nonoffending peers. The differences among them are seldom considered by courts, nor are they translated by service providers into different types of intervention. • Nothing in the basic psychological or social characteristics of these adolescents strongly predicts which will go on to a lifetime of crime and which will curtail their offending after court involvement. • Longer stays in juvenile facilities do not appear to reduce offending. However, continued probation supervision and community-based services provided after a youth is released do make a difference, at least in the six months following release. • Substance abuse is a major factor in continued criminal activity. Treating substance abuse can reduce subsequent offending. Answering these questions could help us write better Pathways is a unique study in the field of juvenile policy, make better use of scarce resources, and better justice: in its goals, its subjects, its longitudinal serve both the young offenders and the communities nature, its comprehensive scope, and its findings. in which they live. These and other aspects of the project are explored in That is the impetus behind Pathways to Desistance, more detail on the following pages. a large, multi-site, collaborative project following 1,354 juvenile offenders for seven years after their conviction.1 Pathways is the most intense look to date at the outcomes of sanctions and services – feedback that is rarely available to decision-makers in the juvenile justice system. 1 What broad questions is Pathways exploring? The investigators are trying to unravel what it is They are an ethnically diverse group: 25 percent that reduces the severity and frequency of criminal Hispanic, and 2 percent “other.” While the majority activity among the majority of young offenders – are male, 13 percent are female. White, 44 percent African-American, 29 percent or in any individual youth. Is there a relationship between the sanctions and services they receive and the future trajectory of their lives? Do other factors, internal or external, account for the difference? Despite their involvement in serious crime, these adolescents are not uniformly “bad” kids on the road to a lifetime of criminal activity. What can we learn about these adolescents that will allow the juvenile justice system to respond more effectively and prevent future criminal activity? How could the results of the study be used? The intent of the Pathways team is to provide How is the study conducted? Investigators interview the adolescents, their family members, and their friends at specific time points for seven years after their conviction. The team has completed about 90 percent of the interviews with policymakers and practitioners with analyses that can the subjects – more than 25,000 in all. Sadly, a high guide the development of a more rational, effective, proportion of this group (about 4 percent) died during and developmentally appropriate juvenile justice these years, most of them victims of homicide. system. Some findings will be relevant to decisions made at disposition, such as what kinds of placement or community-based services are most appropriate for which individuals, and for how long. Some could be used to improve institutional and community-based services, or to determine at what point in the process they should be offered. Some findings may suggest the need to involve families, schools, and other institutions in new or existing solutions. Who are the subjects of the study? The study has followed a sample of juveniles who What sort of information is collected? Over seven years, Pathways has constructed the richest source of information currently available about how serious adolescent offenders mature and what happens to them as they make the transition from adolescence to early adulthood.2,3 The interviews cover a wide range of topics: psychological development, mental health, behavior, attitudes, family and community context, and relationships. The investigators also gather month-by-month information on significant life events such as living committed major offenses when they were 14 to arrangements, employment, education, romantic 17 years old. Their crimes were the most serious relationships, and involvement with the legal and felonies that come before the court, including murder, social service systems. robbery, aggravated assault, sex offenses, and kidnapping. About 70 percent of the subjects have had one or more prior petitions to court. Nearly onefifth were processed in the adult system. 2 Using official records from the Federal Bureau of The other half received community-based sanctions or Investigation and local courts, the investigators services. In some cases, this meant simply checking document arrests and the sanctions and services the in with a probation officer. Others received more young offenders receive. intensive supervision. And others received a mix As of August, 2009, the working group and its collaborators had published about 30 papers and made almost 100 presentations based on these data. Are the serious offenders markedly different from other young people? Not necessarily. There is considerable variability of probation and services such as group sessions, substance abuse treatment, or family therapy. Do most of them continue to commit crimes? Despite their involvement in serious crime, these adolescents are not uniformly “bad” kids on the road to a lifetime of criminal activity. In fact, the majority among these adolescents – as there is in any group reported engaging in few or no illegal activities after of adolescents – in their background characteristics, court involvement. their family environments, and their attitudes towards In one set of analyses, the investigators identified the law. 4,5,6 They appear, in many ways, very similar five distinct groups that followed different patterns of to other adolescents in their communities, both change in their illegal activity over the first 36 months psychologically and socially, and they develop along of follow-up (see Figure 1).7 similar pathways. Trajectories of Criminal Behavior There is a higher incidence among these adolescents of certain risk markers, such as substance abuse, parents who offended, and being in special education. But we know from other studies that rates of offending among adolescents in general are much higher than rates of being caught or convicted; many of the adolescents in this study may be in the system "C 8 ~ 0 D. CI ~ .5 Gi s:::: .,!. "C en .... 0 Gi > CIl ~ 6 4 2 ..J 12 largely because, unlike their peers, they were caught. 18 24 30 36 onths After Initial Interview Figure 1 What sanctions did these adolescents receive for their offenses? About half of the offenders were placed in juvenile or Three of these groups showed different, but relatively adult facilities. These ranged from jails and prisons, at a high level of offending and dropped off to a very to boot camps, to institutional settings that look much low level. The fifth group – just 8.5 percent of the total like a high school or college campus. Some of these – started at a high level of offending and continued at were therapeutically intense settings, while others this high level. stable, low levels of offending. A fourth group started offered fewer services. 3 In short, the vast majority of the adolescents in the Institutional placements are widely used with study reported very limited involvement in illegal this group of offenders. Even those adolescents activity in the three years following their court who reported very low levels of involvement in involvement. A strikingly large proportion of those subsequent antisocial activity nevertheless spent a who had been offending at high levels dramatically sizable proportion of the follow-up period (about 30 reduced their illegal activities during the first few percent of this time) in institutional care. However, years of the study. among these “low level” offenders, institutional placement raised the level of offending by a small, but Is it possible to predict which adolescents will fall into which group? The ability to predict future criminal activity would be of great interest to the courts where youths are adjudicated, and the study sought to answer this important question. Unfortunately, despite the detailed information collected on these adolescents, predictions were elusive. statistically significant, amount. The Pathways findings highlight the need to reconsider the costs and benefits of locking up adolescents, even those committing the most serious crimes. This may mean that expensive institutional placements are often being used in cases where there The initial baseline interview of Pathways gathers is little need for such an investment – and where far more information about juveniles’ personality, it may in fact be counterproductive. It is worth behavior, history, and life circumstances than is considering whether the general pattern of locking typically available to any court. Yet the investigators up such a large proportion of these adolescents is found that baseline characteristics – demographics, producing many positive results. psychosocial characteristics, attitudes, and even differentiating the “persisters” from the “desisters.” Given the prominent role of institutional placement in the juvenile justice system, does the Pathways study suggest any guidelines? The likelihood of effectively distinguishing them at It offers food for thought. A key question for juvenile disposition is low. justice policy is whether and how long to keep prior offending history – are not very useful for juvenile offenders in facilities in order to maximize Does desistance from crime match the treatment offenders receive? It doesn’t seem to. The investigators found, to their surprise, that persisters and desisters received about the same type of treatment in the justice system: they spent, on average, the same amount of time in the same types of institutions. 4 both public safety and the therapeutic benefits to the offender. The study addressed this question first by grouping subjects with very similar background characteristics and comparing those who had been placed in institutions to those given probation. They examined whether institutional placement led to any reduction in the rates of re-arrest or self-reported illegal activity, and found that both groups were equally likely or unlikely to re-offend. On these measures, at least, institutional placement appears to have no advantage to over probation. Is there anything we can learn about individual offenders that might be relevant to deciding what sanctions and services they receive? Sanctions are often meted out on the basis of the severity of the crime and the number of prior The investigators also looked at the length of stay for convictions. Courts do not generally assess individual those in juvenile institutional care, to see if there was needs in depth and match them to particular services. any marginal gain from longer stays.8 Again, they found no significant benefits from a longer stay (see Figure 2). The Pathways study suggests that it might be feasible to do so. The study found that individual adolescent offenders differ substantially from one another on a number of relevant dimensions: parenting styles, social development, the timing of psychological development, mental health, attitudes toward the ~ 1.4 " &! 1.0 .-----!1.18l-f-----1~L1.12 ~61---g_-----, ~ ~-~- £~1.21 ~~ :. ~ 0.8 ~ ~ c:( 8 -............. LO. consideration of these differences by the courts and 92 service providers could lead to more tailored, more ~ 0.2 +------------------------1 +------------------------1 +------------------------1 +------------------------1 0.0 +- ; >- 0.6 a.:=: .,t!! § 0.4 law, and the level of substance abuse. Closer effective services. ~----~-----~-------I 0-6 6-10 10-13 > 13 Is substance abuse treatment a good example of the potential of tailored services? Months in Juvenile Placement Figure 2 It’s one of the clearest examples. Substance use is Institutional placement is a very costly undertaking. strongly related to continued criminal activity in this The Pathways findings highlight the need to group, and it makes sense to focus on this behavior reconsider the costs and benefits of locking up for intervention. In fact, the study shows that adolescents, even those committing the most serious treatment for substance use can reduce offending. crimes. As part of that reconsideration, however, we need to carefully examine the effects of treatments provided in institutional care; determine which, if any, make a difference in behavior for which offenders; and consider whether they can be offered with equal success in a community setting. Levels of substance use and associated problems are very high in these young offenders. More than onethird qualify for a diagnosis of substance use disorder in the year prior to the baseline interview, and over 80 percent report having used drugs or alcohol during the previous six months. Moreover, the level of substance use walks in lockstep with illegal activity Closer consideration of differences among offending youths could lead to more tailored, more effective services. over the follow-up period: more substance use, more criminal offending.9 5 Adolescent offenders with substance use disorders don’t always receive treatment for these problems. When they do, though, it appears to work. The Ongoing substance use treatment for serious juvenile offenders appears to pay off. The key is including family in the intervention. investigators examined treatment-related reductions in alcohol and marijuana use, cigarette smoking, The intensity of community-based services for the and non-drug offending during the first year post- returning offenders was generally low – supervision treatment.10 Although the study doesn’t test any single, was more common than involvement with treatment- new intervention for substance use, it does provide an oriented agencies. Nevertheless, the analyses showed excellent opportunity to examine how well the standard that when adolescents did receive supervision and treatments affect later adjustment. Results indicate were involved in community-based services, they that drug treatment significantly reduced substance use were significantly more likely to avoid further for about six months, and that this reduction was more involvement with the legal system and to attend than simply an effect of the adolescents being locked school or work more regularly. Continued aftercare up in a controlled environment. Subsequent criminal supervision and service involvement in the six months offending also was reduced – but only when treatment after institutional placement, as delivered in the real included family involvement. world, appear to have a positive effect. The bottom line: ongoing substance use treatment for These results highlight the importance of investing serious juvenile offenders appears to pay off, but the resources in community-based aftercare programs. key is including family in the intervention. Though institutional care in general seems to have a limited impact on later criminal activity, establishing What happens to young offenders after they’re released from an institution? Can services at that point make a difference? The study indicates that aftercare services do make a difference. Because the project collects monthly data about institutional placement, probation, and involvement in community-based services, investigators were able to examine the effects of aftercare services for the six months after a court-ordered placement (the a wider array of sanctions and services might well produce more positive outcomes. Where does the Pathways project go from here? The findings presented here are just a first look at the potential of the Pathways study. Much work is yet to be done on the dynamic nature of these adolescents’ lives, the factors that promote positive adjustment during late adolescence and early adulthood, and the effectiveness of the juvenile justice system. period for such services in many locales). They The investigators believe that the greatest potential looked specifically at the effects these services had on lies in examining the diversity of the subjects – the community adjustment: going to school or working, differences in their backgrounds, personalities, getting arrested or placed back in a facility, or self- development, attitudes, and responses – and how reported illegal activity. those differences relate to various interventions and 11 6 outcomes. If serious offenders were a homogeneous The Pathways project is doing more than answering group, it would make sense to simply link sanctions specific questions. It is creating a huge database – a to the severity of the crime and hope for a uniform research infrastructure – that will be freely accessible reduction in future offending. But given their to researchers outside the project. With continuing diversity, there may be other ways to group young progress, in policy and in research, we can have offenders and apply interventions that produce better a fairer, more effective, and more cost-effective results, for them and for society. juvenile justice system. Another promising line of inquiry appears to be identifying the positive life events that occurred during the follow-up period. Preliminary results suggest adolescents who are better integrated into the community by a stable living situation and more routine lives, by school or employment, or by a positive romantic relationship are less likely to be involved in illegal activity. Whether there is a causal relationship remains to be tested. For more information on Pathways to Desistance, please write to the project coordinator, Carol Schubert, at schubertca@upmc.edu. The study grew out of the efforts of the MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice. It is funded by the John D. and Catherine T. MacArthur Foundation, the Office of Juvenile Justice and Delinquency Prevention (OJJDP), the National Institute of Justice (NIJ), the Robert Woods Johnson Foundation, the William Penn Foundation, the William T. Grant Foundation, the Pennsylvania Commission on Crime and Delinquency, the Arizona Juvenile Justice Commission, and the National Institute on Drug Abuse. A multidisciplinary working group of investigators have collaborated on the study since its inception and continue to analyze data and publish findings. In alphabetical order, they are Robert Brame, Ph.D., Elizabeth Cauffman, Ph.D., Laurie Chassin, Ph.D., Jeffrey Fagan, Ph.D., George Knight, Ph.D., Edward Mulvey, Ph.D., Sandra Losoya, Ph.D., Alex Piquero, Ph.D., Carol Schubert, M.P.H., and Laurence Steinberg, Ph.D. 2 Mulvey, E. P., Steinberg, L., Fagan, J., Cauffman, E., Piquero, A. R., Chassin, L., et al. (2004). Theory and Research on Desistance from Antisocial Activity among Serious Adolescent Offenders. Youth Violence and Juvenile Justice, 2 (3), 213-236. 3 Schubert, C. A., Mulvey, E.P., Steinberg, L., Cauffman, E., Losoya, S., Hecker, T., Chassin, L., et al. (2004). Operational Lessons from the Pathways to Desistance Project. Youth Violence and Juvenile Justice, 2 (3), 237-255. 4 Cauffman, E., Piquero, A. R., Kimonis, E., Steinberg, L., Chassin, L., & Fagan, J. (2007). Legal, individual, and environmental predictors of court disposition in a sample of serious adolescent offenders. Law & Human Behavior, 31, 519-535. 5 Steinberg, L., Blatt-Eisengart, I., & Cauffman, E. (2006). Patterns of competence and adjustment among adolescents from authoritative, 1 authoritarian, indulgent, and neglectful homes: A replication in a sample of serious adolescent offenders. Journal of Research on Adolescence, 16 (1), 47-58. 6 Piquero, A. R., Fagan, J., Mulvey, E. P., Steinberg, L., & Odgers, C. (2005). Developmental trajectories of legal socialization among serious adolescent offenders. The Journal of Criminal Law and Criminology, 96 (1), 267-298 7 Mulvey, E. P., Steinberg, L., Piquero, A. R., Besana, M., Fagan, J., Schubert, C. A., Cauffman, E. (in press). Longitudinal offending trajectories among serious adolescent offenders. Development & Psychopathology. 8 Loughran, T., Mulvey, E. P., Schubert, C. A., Fagan, J., Losoya, S. H., Piquero, A. R. (2009). Estimating a Dose-Response Relationship between Length of Stay and Future Recidivism in Serious Juvenile Offenders. Criminology, 47, 699-740. 9 Mulvey, E.P., Schubert, C.A., Chassin, L. (in press) Substance use and offending in serious adolescent offenders. Washington, DC: United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention. 10 Chassin, L., Knight, G., Vargas-Chanes, D., Losoya, S., Naranjo, D. (2009). Substance use treatment outcomes in a sample of male serious juvenile offenders. Journal of Substance Abuse Treatment, 36(2), 183-194. 11 Chung, H. L., Schubert, C. A., Mulvey, E.P. (2007) An empirical portrait of community reentry among serious juvenile offenders in two metropolitan cities. Criminal Justice and Behavior, 34 (11), 1402-1426. 7