Exam 4 Flashcards
(98 cards)
1
Q
what does research indicate about mental illness in the context of incarceration
A
mental illness both pre-dates incarceration and is a result of incarceration
2
Q
T or F: the experience of incarceration and the failure to treat mental health disorders lead to an aggravate a variety of mental illness (isolation as a solution)
A
T
3
Q
what is the percentage rate of recidivism of mentally ill inmates released from prison
A
80%
4
Q
_____ out of ten violent acts are committed by people with a combination of mental illness and substance abuse
A
7/10
5
Q
what has led to the CJS being the default institution for the mentally ill
A
lack of public mental health treatment capacity
6
Q
which system is the entry point into the CJS for mentally ill individuals
A
the misdemeanor system. following this entrance into the misdemeanor system, mentally ill persons begin in a revolving door process into CJS
7
Q
T or F: research shows that it is not mental illness itself that is predictive of violent or nonviolent crime, rather criminality is due to the comorbidity of mental illness and substance abuse disorders
A
T
8
Q
what does neurobiology focus on?
A
the cells of the brain (neurons), and the communications among neurons through neurotransmitters
9
Q
proof that it is nature and nurture
A
our experiences, observations, interactions, thoughts, attitudes, beliefs, and feelings are established in the brain by connections among neurons. these various interconnections are established and shaped by the combination of our environment experiences and genetic tendencies. they are experience dependent.
10
Q
what is a common condition in the environment in areas of poverty and disadvantage
A
trauma. trauma can lead to a variety of neurocognitive disorders
11
Q
what percent of prison inmate in the U.S. have had at least one traumatic brain injury
A
60%
12
Q
what percent of probationers in the U.S. have had at least one traumatic brain injury
A
56%
13
Q
what is the pre-frontal cortex responsible for?
A
- regulating and guiding emotion
- moral judgment
- social cognition
- affect
- executive functioning, which include goal setting, impulse control, planning, analyzing, complex cognition, understanding consequences, goal-directed activity, attention, and self-monitoring
14
Q
what is necessary for normal, pro-social adult contact
A
executive functioning
15
Q
what is associated with child neglect and abuse
A
poverty, which in turn impact a variety of neurocognitive functions and mental illness such as (executive functioning, IQ, memory, ADHD, attachment disorder, anxiety, PTSD, learning disabilities)
16
Q
what’s wrong with the CJS?
A
- it is largely reactive
- no real focus on crime prevention
- no real focus on effective methods for reducing recidivism
- not effectively enhancing public safety
- bad public policy; not informed by evidence
- expensive and poor ROI
17
Q
what are the police NOT designed to do
A
- enhance crime prevention
- reduce recidivism
- increase public safety
18
Q
what do police primarily do?
A
they respond
19
Q
problems with policing
A
- very little time/resources/focus on evidence-based strategies
- police mainly have on tool
- police are militarized which defines the culture
- police are ill-equpped to hande the variety of situations required of them (mental health, domestic violence, disputes)
- major problem is the 125/100 rate of gun ownership
- overworked 911 systems
- use of excessive force and excessive use of force
- racism/bias (Terry v. Ohio)
20
Q
police training
A
- average academy times is about 3 months and focuses largely on self defense, criminal law, and weapons training
- to qualify for a police officer license, Texas cops need fewer hours of basic training than licensed cosmetologists or HVAC contractors
21
Q
what we need to eliminate in reinventing police
A
- random, preventive patrol
- traffic enforcement
- aggressive, zero tolerance policing, broken windows policing
- mental health class
- police in schools
- predictive policing
22
Q
what we need to improve in reinventing police
A
- 911 systems
- hot spots policing
- problem-oriented policing
- community policing
- police recruiting and training
- police culture
23
Q
what we need to focus on crime prevention in reinventing police
A
- crime prevention is before the fact, at both the individual level and community level
- orientation of policing needs to shift from warrior and responder to guardian and collaborator
24
Q
Key recommendation
A
collaborative decision making involving expert panels with a variety of disciplines and expertise (psychiatry, psychology, neuroscience, addiction medicine, clinical social work)
- assessment/diagnosis by clinicians
- development of intervention plan often involving multiple disorders/deficits
- identify appropriate venue - diversion vs. incarceration
- utilize system 2 decision making
25
system 1 decision making
is gut level, non-analytical, based on assumptions and stereotypes, and quick
26
system 2 decision making
analytical, deliberative, and therefore slower
27
progressive prosecutors
- in the past 10-15 years, we have seen the election of so-called progressive or reform oriented prosecutors
- priorities include: prosecuting police misconduct, not prosecuting low level drug possession and theft, bail reform, expanding diversion programs, jail crowding
28
pushback to progressive prosecutors
- there are over 2,500 DA offices in the US, so the election of progressive DAs is not "sweeping the nation"
- pushback from police associations, police unions, prosecutor associations and conservative legislatures and governors
- many have been removed from office of not re-elected
29
issues that plea negotiations have with due process
- essentially unfettered discretion by prosecutors; prosecutor is judge and jury
- innocence problem
- coerced confession problem
- trial penalty problem
- pre-trial detention problem
- assistance of counsel problem
- Alfred plea - allows defendant to plea guilty to a deal and in an open court declare themselves innocent
- evidence is not litigated
- standard of proof problem
- ignoring mens rea
30
plea negotiations remedy
- there is a substantial imbalance of power and resources
- there are substantial due process risks
- defendant typically has limited access to counsel
31
key recommendations for plea negotiations
- a neutral mediator, based on civil court mediation/arbitration, can seek to ensure that the prosecutor doesn't take advantage of this imbalance in bargaining power by identifying and confronting inappropriate uses of process or procedure, or taking advantage of disparities in resourcesa
32
advantages of independent mediator in plea bargains
- balance power - more toward leveling the playing field
- enhance due process
- enhance fairness
33
police specialization and improved training
train well beyond the one size fits all approach we currently have
34
what was corrections designed to do?
- operate and deliver punishment
- that's what the past 50+ years have been about
- little effort to enhance reentry to society
- community supervision is mainly risk management
- very little evidence-based behavioral change and very little foucs on disordered offenders
35
fundamental changes to corrections
- proper screening and assessment
- substantial expansion of evidence-based diversion programs
- referral to adequately resourced community resources
- reinventing the reentry process
36
why focus on the courts?
this where the key decisions are made
37
examples of the extraordinary prosecutor's discretion
- which cases to prosecute
- what evidence to use
- what charges to indict
- what charges to agree to in a plea deal
- what sentence to embed in a plea deal
- what to recomment at sentencing
38
role of the prosecutor
- most prosecutors think in terms of law enforcement, accountability, and punishment
- a few prosecutors tend to think in terms of justice
- a couple are pragmatic
- prosecutors are perceived as being tough on crime
39
why have prosecutors been the champion of tough on crime and why many will resist change to justice policy
- punishment is what prosecutors know
- caseloads are excessive and focus is on efficient case processing
- plea negotiation is the primary tool for processing cases and the currency of lea deals is punishment
- political considerations - "tough on crime"
40
prosecutors' role in reducing recidivism
- there is no consensus regarding the prosecutor's role in reducing recidivism. the response to this question fell into four primary categories - no role, limited role, more punishment, and addressing the determinate of criminal involvement
41
T or F: prosecutors are the key decision makers in the American criminal justice system, thus changes to the role of prosecution are critical
T
42
prosecution going forward
- substantially changing prosecutors' role and responsibilities
- structural and organizational changes
- changes in resources and participating in complex and critical decision making
- change in how prosecutors think about crime and criminals
43
what should the focus be on prosecution moving forward?
- focus should be on problem solving
- here is a criminal offender, what is the best way to keep this person from coming back?
44
what must prosecutors accept responsibility for prosecution to progress?
prosecutors need to accept responsibility for recidivism reduction
- they largely do not see that as their responsibility
- primary goal should be behavioral change through methods other than simple punishment
45
the big challenge as we try and progress prosecution
- prosecutors are lawyers, their areas of expertise are the law, criminal procedure, and due process. they are not psychologists, neuroscientists or social workers. they are not trained to identify or address crime related circumstances
46
what did prosecutor interviews reveal about screening and assessments for disorders?
they are not broadly done, rarely happen, or never happen.
- it is typically up to the defense attorney to raise the issue
- it is also typically up the prosecutor to raise the issue, but they're no expert
- any screening and assessment that is done is of questionable quality
-
47
prosecutors' response to the recommendation of expert panels
- very largely in favor
48
judges' response to recommendation of expert panels
- very much in favor
49
key considerations as to why people commit crimes
- substance use and abuse
- mental illness
- neurodevelopmental and neurocognitive impairments
- intellectual deficits
- poverty/disadvantage
- child, adolescent and adult trauma
- exposure to environmental toxins
- educational deficits
- employment problems
- housing and homelessness
50
how many Americans 12 years of age and older are current users of illicit drugs
27 million
nearly 10 percent of the U.S. population
- not all are substance abusers
51
what percent of Americans are current alcohol drinkers
50% of americans
- 60 million are binge drinkers
- 17 million are heavy drinkers
52
what percent of criminal offenders in the justice system abuse drugs and/or alcohol, which is six to eight time the prevalence in the general population
about 80%
53
how do addictive drugs work?
through the reward regions of the brain by releasing dopamine, the neurotransmitter associated with pleasure and reward
54
what do alcohol and especially drugs trigger an excessive release of?
dopamine, registering "better than expected" in the brain
55
what is neuroplasticity
the brain is malleable. it changes during the normal course of development. it also changed over the life course in response to a variety of stimuli
56
what can substance abuse do to the brain?
substance abuse can change the structure and functioning of the brain
57
substance abuse can cause impairments to each of these seven cognitive abilities:
1. sustained attention
2. self control
3. valuing future events
4. cognitive flexibility, or the ability to modify behavior
5. working memory, which is the ability to retain information for future use
6. planning, the cognitive processes required to achieve a particular goal or outcome
7. higher order cognitive skills
58
_____ and _____ are clearly implicated in the vast majority of crime
drugs and alcohol
59
what percent of US population has a diagnosable mental disorder
25%
62 million
60
what percent of US population suffers from a serious mental illness, which include schizophrenia, bipolar disorder, and major depresion
6%
61
what percent of women in state prisons have at least one mental health problem
73%
62
what percent of men in state prisons have at least one mental health problem
55%
63
what percent of women in federal prisons have mental health problem
61%
64
what percent of men in federal prisons have mental health problems
44%
65
what percent of women in local jails have mental health problems
75%
66
what percent of men in local jails have mental health problems
63%
67
prevalence of serious mental illness in the CJS is somewhere around ____% compared to ___% of the general population
20 ; 6
68
what is the estimate of prevalence of intellectual deficits in the CJS
between 4 and 14 percent
69
what are some aspects that come with intellectual deficits
- naivete
- acquiescence
- cognitive rigidity
- slow information processing
- poor decision making
- poor planning for the future
- difficulty learning from experiences
- poor impulse control
- poor logical reasoning`
70
T or F: the percentage of Americans living in poverty has not changed much since the early 1970s
T
71
percentage of Americans living in poverty statistics
- roughly 15% with some year-to-year variation
- rates are considerably higher for African Americans and Hispanics, compared to whites
- while rates have not changed much, absoulte numbers have due to population increase
72
T or F: school dropouts are between four and six times more likely that high school graduates to be arrested
T
73
educational deficits - things to consider
- impact of private schools
- impact of "school choice" or voucher program
- impact of suburban schools and inner-city schools
74
employment problems
- just over 2/3 of prison inmates had any job at arrest, but most worked jobs in construction, maintenance, cleaning, automotive and food service
- median hourly wage was $9
- employment after release from prison reduce recidivism by between 10 and 20 percentage points compared to not working
75
T or F: the homeless are 2 times more likely to be incarcerated than the general, non-homeless popuation
F: 11 time more likely
76
How many times as likely are former incarcerated persons more likely to be homeless after leaving incarceration
10 times more likely
77
what percent of the homeless population has at least one prior incarceration
50%
78
what is one thing implicated in every step of the criminal justice system?
the brain, it's involved in every single step of criminality and the CJS, however, the system does little to nothing to consider what the brain can do or how it actually acts
79
what are some key consideration for why people commit crimes?
- mental illness
- substance abuse
- neurodevelopmental and neurocognitive impairments
- intellectual deficits
- poverty
- child/adolescent trauma
- exposure to environmental toxins
- educational deficts
- employment problems
- housing and homelessness
80
what's the relationship between SUD and criminality? does this connection help explain why punishment isn't an effective strategy in the CJS
SUD can cause other cognitive impairments (stunting development or changing the function of the prefrontal cortex) that effect one's executive functioning, which is essential for thorough decision making processes like cost-benefit analysis
- if someone cannot adequately perform cost-benefit analysis for their decisions and just acts impulisively as a result, they are not likely to be deterred from crime by the idea of getting a harsher punishment
81
explain cognitive behavioral theory and how it can help SUD
- goal oriented therapy that aims to change problematic emotions, cognitions, and behaviors
- CBT takes advantage of the brain's plasticity, which means that it can be reshaped. this can help an individual retrain their brain to function without substances, or to function optimally despite impairments
82
mental illness is highly present in the CJS. list some reasons that might be contributing to this fact
- mentally ill individuals who are seen being symptomatic in public may have the cops called on them and the police are ill-equipped to treat them
- inadequate assessment to consider whether diversion pre-trial might be a better option for that person
- after the deinstitutionalization of mental health facilities, the mentally ill end up in the CJS bc there is no where else to go
83
what are the categories of trauma?
the 2 main categories of trauma are environmental and genetic
84
what are examples of environmental traums
poverty, abandonment, abuse, neglect, violence
85
how does the CJS aggravate mental illness>
- solitary confinement in super-max security prisons
86
T or F: the CJS only aggravates mental illness
T
87
what is the prefrontal cortex responsible for
- brain's executive functioning
- control ability to make decisions
- plan in the future
- control yourself
- prevents you from foreseeing consequences and controlling impulses
88
what are the two main proponents of prosecutorial discretion (what two things give them the most power in the system
1) sentencing
- fed mandatory
2) plea negotiation
89
T or F: prosecutors pursue conviction, not problem solving, which causes them to ignore the factors like mental illness, SUD, neurocognitive impairments that are actually causing the criminal behavior
T
90
T or F: prosecutors view recidivism as the product of poor choice, whereas most offender do not make decisions under optimal brain function. the prosecutors think that harsher punishments might help deter bad decisions
T
91
what should be done to reform prosecution?
1. shift the role of the prosecutor (move away from conviction to problem solving)
2. expand the use of diversion programs
3. track and publish outcomes
4. change internal culture
92
which system dominates in the CJS
system 1
- police, prosecutors, and judges often operate under time pressure caseload, and high stress, making them rely on system 1 thinking
- this can led to biases, snap judgements, and over-reliance on stereotypes
93
system 2 underused:
- there is little time or institutional support for thoughtful, individualized decision-making
- prosecutors and judges rely on system 2 processes to consider contextual factors like mental health, trauma, or SUDs (root causes of crime)
94
T or F: plea negotiations create serious issues for due process, constitutional rights, and fairness because they forgo the trial altogether to get a lesser sentence
T
95
the coerced confession problem
the situation where individuals, especially those whore are innocent, are induced to confess to crimes they did not commit due to police coercion or interrogation tactics
- tactics include prolonged questioning, false promises, threats, or psychological manipulation
96
the trial penalty problem
- defendants who go to trial face significantly longer prison sentences compared to those who plead guilty in a plea deal
- the disparity in sentencing can coerce defendants, even those who are innocent
97
evidence is not litigated meaning
the prosecutor determines what is fact and what is not. a jury doesn't get to hear evidence and determine what is true or not, the prosecutor gets the full say
98
standard of proof problem
the amount of evidence necessary to prove an assertion or claim in a trail
