A Way to Combat Recidivism

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Re: A Way to Combat Recidivism

 
 

Re: A Way to Combat Recidivism

#21  Postby UtilityMonster » Dec 11, 2010 8:45 pm

Mr.Samsa wrote:

Obviously, but my point was that we don't know whether the factors that cause people with ASPD to torture animals (or commit crimes in general) is what produces their ASPD, or whether it's the ASPD that does it. Remember that mental disorders are defined by the behaviors exhibited by the person, so if we define ASPD as "torturing animals as children" then obviously we're going to find high rates of animal torture in people with ASPD because that's how we've defined ASPD. It doesn't mean that ASPD is necessarily the cause of the behavior because the label is just a shorthand description for these behaviors.


Except that torturing animals as a child is not required to be diagnosed for ASPD. It is one potential symptom.

Mr.Samsa wrote:
A lot of racists would disagree - I personally don't think their arguments hold water, but I don't think yours are much better. Consider, for example, that most managers or higher level businessmen like CEOs meet the requirements for being classified as ASPD. So ASPD alone clearly isn't enough to cause someone to commit crimes, instead there must be some other factor.


:what:
Care to elaborate on why my arguments aren't better than those of racists?
Also, I highly doubt that "most" managers and CEOs have ASPD. In fact, I just tried to look it up and couldn't find anything suggesting that what you said was true. If you have an article or something about it, please share!
Lastly, ASPD is enough for some people to commit some crimes. That is why some children born into the most nurturing and productive environments wreck havoc upon them.

Mr.Samsa wrote:
But you're simply asserting they're high risk based on an arbitrary criterion. I imagine most people who reoffend are drug users (at rates much higher than ASPD), so should we extend the sentences of everyone who uses drugs or is an alcoholic for fear that some of they may potentially kill or attack someone in the future? If we're so worried about the unfairness of crime, then why not slip into the slightly more absurd world of figuring out that criminals have an incredibly high rate of recidivism and giving anyone who commits a crime an extended sentence?


It isn't arbitrary, and they are high risk based on the disorder. To answer your question about drugs and alcohol, the answer is yes. A comprehensive examination should be given to people prior to exiting prison, and those exhibiting qualities that suggest it is highly probable that they will commit more crimes should be retained for longer periods of time. Also, I agree with your last point in general, but I also think we should prepare them better for leaving prison, and we should also not arrest people for victimless crimes. Assuming my whole plan was implemented, I suspect the overall numbers of prisoners would decline, as would crime.

Mr.Samsa wrote:
That's fine if you want to group all of these mental disorders together and essentially punish them for having mental issues (at least this would be a consistent position), however, there are also other non-medical issues we need to consider; for example, a significant percentage of inmates (more than what is covered by people with mental illnesses) are those who are homeless and those without jobs. Do we punish these people too, since they're more likely to reoffend than people with mental illnesses? Surely yes, but by the time we've taken all these factors into account we have literally reached the absurd point I described above where we extend the prison sentences of those who are criminals.


First of all, it would not be consistent to do that. Different mental disorders are represented differently among criminals, and I would not recommend treating them all the same. Second, perhaps a better position I could posit is to put them in a mental institution following their departure, that is, if the conditions are better. I am not interested in punishing them, just keeping them away from the general population.

Mr.Samsa wrote:
Then I guess we reach the same impasse that people reach when discussing capital punishment where, in the analogy, you'd be supporting execution to reduce crime rates and I'm saying that punishing innocent people for negligible advantages is not a system I want to support.


No. Capital punishment does not deter crime. Keeping antisocials off the streets clearly would prevent some crime.

Mr.Samsa wrote:

That chart doesn't demonstrate that leaving people in prison longer will make it less likely that they will commit crimes when they are released, or that older people are less likely to commit crimes. To get evidence for that claim, you'd have to get prison population stats for those age groups proportional to the population levels of those age groups. In other words, you'll find that trend in almost any variable you look at, this is because as age groups increase, there are less people in those groups. Collect data on "people who eat food" across those age groups and you'll find that as people get older, they are less likely to eat food.


Older people are clearly less likely to commit crimes. 55+ is the largest segment of the American population that is displayed on the graph. :lol:

Mr.Samsa wrote:
I'm not a legal expert so I couldn't say since I don't know what variables would be relevant to such a decision. My point being that this judgement needs to be based on the behavior of the individual, not the behavior of some group they are associated with.


I understand where you are coming from. Let us not forget that the individual has, in my scenario, already committed a violent crime of some kind, though. I have not advocated simply going around diagnosing people and then locking them up.

Mr.Samsa wrote:
Oh definitely, since prison isn't set up to be a deterrent it fails quite badly. The problem is that the more effective deterrents would require a more comprehensive system, and it would also require us to violate our inherent notions of "fairness" and "justice". For example, we know from research on the effect of punishment on behavioral change that a sliding scale of punishments will not change behavior and can even increase it (or maintain it at higher levels), and instead the only effective way of using punishment to permanently eliminate a behavior is to implement it immediately and at a severe level. So if we wanted to stop speeding on the roads, this could be done very easily: the first time you're caught speeding, you have your vehicle repossessed and crushed into box. This would completely eliminate speeding.


I phrased what I was asking very poorly. I really just meant to ask if there is a better option than prison, in general? Not would it be better than prison at deterring crime, but would there be something that is just, overall, superior to prison as a means of dealing with guilty criminals?

Mr.Samsa wrote:
I've already pointed out that there are some therapies that show some effectiveness for ASPD, and it's only a matter of time until science comes up with something. 50 years ago people probably thought that autism cannot be "healed" through therapy/rehabilitation, and most of these arguments took the same line you do by claiming it's a genetic or inherited thing which can't be changed, but we can now laugh at ourselves and our naivety for thinking that back then.


Not necessarily. Because ASPD cannot be treated now, we should deal with it with the means we currently possess, and not take a different option because in the future we will have different means. Second, you really haven't demonstrated that there is anything that can be done to get rid of ASPD. Do you have any statistics on how much of a decline in violent behavior we see in people who have received the treatment you proposed? Why is it not being used more widely, if it is so effective? What is its cost?
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Re: A Way to Combat Recidivism

#22  Postby UtilityMonster » Dec 11, 2010 8:48 pm

chairman bill wrote:Anti-social personality disorder is something of a spectrum condition. Depending on where we choose to draw the line, we could end up incarcerating a good number of businessmen. The difference is largely about levels of education, the sense of having a stake in society, and the development of coping mechanisms. Yes, there are those who will always pose a risk to the wider community, but equally, there are criminals who have some degree of anti-social personality disorder who could be & are rehabilitated. They might not make the perfect neighbour, but they don't have to always fall back into criminality. Having been in the police service, and then having had a number of years working in the NHS with mentally disordered offenders, I am well aware of the depths that some humans can sink to. I'm also aware of how much some are victims of circumstance.


Well, some businessmen are corrupt bastards, and incarcerating them would not in and of itself be a bad thing. They dress nicely and speak well, but really do not care about other people at all. I agree that personality disorders are a continuum, and not categorical, and I genuinely do believe in rehabilitation, but for the individuals who are extremely antisocial, I say keep them locked up somewhere. They pose an immediate threat to society.
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Re: A Way to Combat Recidivism

#23  Postby Mr.Samsa » Dec 12, 2010 2:23 am

MillsianUtilitarian wrote:
Mr.Samsa wrote:

Obviously, but my point was that we don't know whether the factors that cause people with ASPD to torture animals (or commit crimes in general) is what produces their ASPD, or whether it's the ASPD that does it. Remember that mental disorders are defined by the behaviors exhibited by the person, so if we define ASPD as "torturing animals as children" then obviously we're going to find high rates of animal torture in people with ASPD because that's how we've defined ASPD. It doesn't mean that ASPD is necessarily the cause of the behavior because the label is just a shorthand description for these behaviors.


Except that torturing animals as a child is not required to be diagnosed for ASPD. It is one potential symptom.


I was being overly simplistic there to try to get the point across, but "torturing animals" is actually a symptom of ASPD - or rather, it's a real world example of what's described in the symptoms of ASPD. If you want a more specific example then my point is best summarised by this symptom:

failure to conform to social norms with respect to lawful behaviors as indicated by repeatedly performing acts that are grounds for arrest;


So why are people with ASPD more likely to reoffend? Because we've defined the disorder that way. If they didn't reoffend, then they wouldn't have ASPD...

MillsianUtilitarian wrote:
Mr.Samsa wrote:
A lot of racists would disagree - I personally don't think their arguments hold water, but I don't think yours are much better. Consider, for example, that most managers or higher level businessmen like CEOs meet the requirements for being classified as ASPD. So ASPD alone clearly isn't enough to cause someone to commit crimes, instead there must be some other factor.


:what:
Care to elaborate on why my arguments aren't better than those of racists?


Because they make the same confused generalisations and flawed logic that racist arguments do. Just to be clear, I'm not calling you racist here (and everything I know about you indicates that you certainly aren't, so that's not my point) but rather it's just the knee-jerk condemnation of an entire group of people based on tenuous correlative links mixed with the emotional appeal to what could possibly happen if we don't lock up some innocent (i.e. reformed/done their time) people.

MillsianUtilitarian wrote:Also, I highly doubt that "most" managers and CEOs have ASPD. In fact, I just tried to look it up and couldn't find anything suggesting that what you said was true. If you have an article or something about it, please share!


http://www.guardian.co.uk/news/2005/apr ... eandhealth

MillsianUtilitarian wrote:Lastly, ASPD is enough for some people to commit some crimes. That is why some children born into the most nurturing and productive environments wreck havoc upon them.


We can't make claims like that. No family is perfect, and no family can provide a perfectly nurturing or productive environment for children, which means that there will always be negative events that children experience, to varying degrees, but depending on the timing of the event, other circumstances, the way it's perceived by the child, etc, a seemingly trivial and unimportant event could have significant effects. There's also the fact that overprotection from parents can result in severe personality disorders, so in theory, the perfect nurturing and productive environment would probably have significant negative effects on the psychology of the child.

Since we know that a lot of people with ASPD don't commit crimes, we know that there is obviously some other factor that causes it - perhaps in conjunction with the ASPD, or perhaps it's a completely independent confound.

MillsianUtilitarian wrote:
Mr.Samsa wrote:
But you're simply asserting they're high risk based on an arbitrary criterion. I imagine most people who reoffend are drug users (at rates much higher than ASPD), so should we extend the sentences of everyone who uses drugs or is an alcoholic for fear that some of they may potentially kill or attack someone in the future? If we're so worried about the unfairness of crime, then why not slip into the slightly more absurd world of figuring out that criminals have an incredibly high rate of recidivism and giving anyone who commits a crime an extended sentence?


It isn't arbitrary, and they are high risk based on the disorder. To answer your question about drugs and alcohol, the answer is yes. A comprehensive examination should be given to people prior to exiting prison, and those exhibiting qualities that suggest it is highly probable that they will commit more crimes should be retained for longer periods of time.


Why not just do a comprehensive examination on everybody? There's no need to single out people with mental disorders.

MillsianUtilitarian wrote:Also, I agree with your last point in general, but I also think we should prepare them better for leaving prison, and we should also not arrest people for victimless crimes. Assuming my whole plan was implemented, I suspect the overall numbers of prisoners would decline, as would crime.


What do you mean by victimless crimes? It's a difficult thing to judge, depending on what unit of analysis you're using. I'd be more inclined to not arrest people for crimes that were clearly a one-off event, like some cases of manslaughter.

MillsianUtilitarian wrote:
Mr.Samsa wrote:
That's fine if you want to group all of these mental disorders together and essentially punish them for having mental issues (at least this would be a consistent position), however, there are also other non-medical issues we need to consider; for example, a significant percentage of inmates (more than what is covered by people with mental illnesses) are those who are homeless and those without jobs. Do we punish these people too, since they're more likely to reoffend than people with mental illnesses? Surely yes, but by the time we've taken all these factors into account we have literally reached the absurd point I described above where we extend the prison sentences of those who are criminals.


First of all, it would not be consistent to do that. Different mental disorders are represented differently among criminals, and I would not recommend treating them all the same. Second, perhaps a better position I could posit is to put them in a mental institution following their departure, that is, if the conditions are better. I am not interested in punishing them, just keeping them away from the general population.


1) Surely it would be consistent, since some mental disorders like depression (which have a much stronger causal link to crime than ASPD) are linked to reoffenders, and you want to limit recidivism, then it makes sense to just lump them all together.

2) Perhaps, I'd argue that it would be better to just put them in the mental institute in the first place. Why put them in jail?

MillsianUtilitarian wrote:
Mr.Samsa wrote:
Then I guess we reach the same impasse that people reach when discussing capital punishment where, in the analogy, you'd be supporting execution to reduce crime rates and I'm saying that punishing innocent people for negligible advantages is not a system I want to support.


No. Capital punishment does not deter crime. Keeping antisocials off the streets clearly would prevent some crime.


You're missing the point of the analogy. People who support capital punishment say that these people need to be kept out of society permanently, and people who argue against them are saying that it is not right to punish the odd innocent person in this way. You are arguing that people with ASPD need to be kept out of society permanently/as long as possible (i.e. they should be treated differently to everyone else), and I'm saying that it is not right to punish the odd innocent person in this way (where "innocent" again refers to those who have reformed/served their time).

MillsianUtilitarian wrote:
Mr.Samsa wrote:

That chart doesn't demonstrate that leaving people in prison longer will make it less likely that they will commit crimes when they are released, or that older people are less likely to commit crimes. To get evidence for that claim, you'd have to get prison population stats for those age groups proportional to the population levels of those age groups. In other words, you'll find that trend in almost any variable you look at, this is because as age groups increase, there are less people in those groups. Collect data on "people who eat food" across those age groups and you'll find that as people get older, they are less likely to eat food.


Older people are clearly less likely to commit crimes. 55+ is the largest segment of the American population that is displayed on the graph. :lol:


Well I don't know the American demographic distribution so I didn't know this. Since you have a bottom heavy distribution I would imagine that if the 55+ is the largest group, then it wouldn't be by a large margin, and the results would still be mostly explained by decreasing population sizes (and perhaps combined with physical hindrances like heart problems, mobility issues, being detained in an old folks home, etc). So the graph still doesn't suggest that older people are less likely to commit crimes, and nobody who has had a science education would think that we could possibly reach that conclusion from that graph.

MillsianUtilitarian wrote:
Mr.Samsa wrote:
I'm not a legal expert so I couldn't say since I don't know what variables would be relevant to such a decision. My point being that this judgement needs to be based on the behavior of the individual, not the behavior of some group they are associated with.


I understand where you are coming from. Let us not forget that the individual has, in my scenario, already committed a violent crime of some kind, though. I have not advocated simply going around diagnosing people and then locking them up.


I get that, but once a person has served their time then they are innocent again.

MillsianUtilitarian wrote:I phrased what I was asking very poorly. I really just meant to ask if there is a better option than prison, in general? Not would it be better than prison at deterring crime, but would there be something that is just, overall, superior to prison as a means of dealing with guilty criminals?


Well I was more focused on reducing crime in general, and then helping criminals change their behavior. If those options fail though, then prison is a good place to lock people up who refuse to live by the rules of society, I have no problem with that.

MillsianUtilitarian wrote:
Mr.Samsa wrote:
I've already pointed out that there are some therapies that show some effectiveness for ASPD, and it's only a matter of time until science comes up with something. 50 years ago people probably thought that autism cannot be "healed" through therapy/rehabilitation, and most of these arguments took the same line you do by claiming it's a genetic or inherited thing which can't be changed, but we can now laugh at ourselves and our naivety for thinking that back then.


Not necessarily. Because ASPD cannot be treated now, we should deal with it with the means we currently possess, and not take a different option because in the future we will have different means.


But ASPD can be treated to some extent, that's what I've been telling you. It's not currently at a level of success comparable to the treatments for autism, but we still have some tools at our disposal.

MillsianUtilitarian wrote:Second, you really haven't demonstrated that there is anything that can be done to get rid of ASPD. Do you have any statistics on how much of a decline in violent behavior we see in people who have received the treatment you proposed? Why is it not being used more widely, if it is so effective? What is its cost?


I'd have to try to dig up some specific papers to get details like that, I'll see if I can find any. Part of the problem though is that it's hard to do research in this area due to the narcissistic component of ASPD and the fact that it has numerous comorbidities like substance abuse, so even if you can decrease the violence that is related to the ASPD, you can't control the violence caused by the substance abuse. And I didn't say it was "so effective", I said they have some effectiveness, and the behavioral therapies are currently the only treatments used for ASPD. As for costs, it depends on what issues you're trying to fix, if it's just mild ASPD then it would only cost the time of a therapist for a few sessions or so, but if it's more extreme then they need a care facility that can monitor them 24/7 which is obviously more pricey.

But price shouldn't be an issue here when we're considering extending the prison time of innocent people.
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Re: A Way to Combat Recidivism

#24  Postby gleniedee » Dec 13, 2010 7:12 am

A cynical person might describe the "give them tests" approach as simplistic, psychological reductionist daggs, (dingle berries)

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Re: A Way to Combat Recidivism

#25  Postby Mr.Samsa » Dec 13, 2010 11:43 pm

gleniedee wrote:I've seen no evidence that the majority of convicted criminals suffer from an antisocial personality disorder or that the disorder is predictive of criminal behaviour. There is also considerable controversy about the definition.IE whether it should be included within the psychotic range of disorders.Neither are most psychotic disorders predictive of criminal behaviour, even sociopathy. Part of the problem is that psychology is a soft science with models not based on evidence. That includes Freud's famous model of Ego,Id,Superego.


I missed this earlier, but yes there is some debate over whether psychopathy/sociopathy should be put together under ASPD as even though they share some significant similarities, some researchers think that they are distinct enough to deserve separate categories. Is this a problem? No, they'll treat them as separate disorders and do research into the causes and treatments for each, and if they diverge enough then they will require separate approaches and be classified as separate disorders in the next DSM - if not, then they won't. This is how science works.

And again, I must stress that there is a difference between experimental psychology and clinical psychology - the former is a hard science, and the latter is not a science at all. The research behind clinical psychology, however, is a "soft" science in the same way medical research is "soft" science. This doesn't mean it's wrong or flawed, it just means it's dealing with a very complicated area of study - but all of the models used in clinical psychology are based on evidence. Clinical psychology is an evidence-based practice, if somebody tries to use a treatment that has no evidential support, then they will get struck off like a medical doctor would.

And of course Freud's ideas lack empirical support, that's because they were invented in the 1800s. Attacking psychology because of Freud is like attacking chemistry because of alchemy.
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Re: A Way to Combat Recidivism

#26  Postby Erin » Dec 15, 2010 6:34 pm

I can't speak for the rest of the nation, but Georgia already does something similar to what you're proposing. Offenders are sent to a diagnostic prison before being sent out to wherever it is they will serve the majority of their sentence. They are subjected to a lot of testing; IQ and educational placement, mental health, physical needs, and family background. All of their risk factors (mental health issues, prior convictions, prior failure on parole or probation, type of crime, age at sentencing, education level) are considered before setting a tentative parole date. The prisoners know about the grid we use and often talk about it amongst themselves or will ask, "Have they done my grid yet?"

In my own experience, I can also tell you none of this matters because we don't have the funding we need to do any of this effectively. The prison system is overcrowded, understaffed, and poorly compensated. The grid is useless because we're forced to release people early anyway because we simply don't have the beds. Oftentimes people are released because they are high needs medical cases (phsyical or mental health) and the state won't pay for it.

Personal anecdote: I found out Monday that a particular offender was given a parole date after serving nine months of his sentence. I'd done the pre-parole investigation on him, during which I learned he'd been convicted to child molestation twice. The second time was after his wife gave him a job as a youth leader in her church (she was the minister) and he molested three of the girls he supervised. His particular crime this time was failure to register as a sex offender. This was his fourth conviction for this offense. It was also the only time I ever put "DO NOT PAROLE UNDER ANY CIRCUMSTANCES" on a report. Two months later, he's getting out. The state does not give a shit when prisons are overcrowded.

Lobbying for reform doesn't help, because in general, taxpayers are only willing to pay for more prison beds (and even then, only so many) but not the measures that could actually reduce crime down the road. They don't want to contribute to offender education, mental health, substance abuse, and cognitive restructuring programs because they think offenders "don't deserve" them. Politicians won't back it because they're seen as being soft on crime or coddling felons. Americans are quite the punitive bunch.

I also don't think diagnosing people with ASPD will do much good either, because that's already such a significant portion of the prison population. I agree with Samsa on the issue and will take it a step further -- recidivism is a symptom of ASPD, not the other way around.
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Re: A Way to Combat Recidivism

#27  Postby UtilityMonster » Dec 16, 2010 6:17 am

So, Erin, if we increased funding for prisons while simultaneously decreasing prison populations by decriminalizing drugs and other measures, do you think giving people evaluations prior to release would be effective? I understand your point about it not practically working, given our current circumstances, but are you opposed to it in theory?

Pretty cool to get input from an authority on the issue! :)
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Re: A Way to Combat Recidivism

#28  Postby Erin » Dec 17, 2010 2:04 am

In theory, I absolutely support it, and if properly done I think it would be effective. Drug addicts need treatment, and prisoners need proper mental health evaluation, treatment, and education or else they'll simply keep doing what they're doing once they're free again. I suppose I'm a little beaten down by the system, but I can't think of a good way to actually make this happen. Convincing taxpayers and politicians of this is a bit like trying to explain evolution to a creationist; it's takes time and effort and can get complicated, and it's far too easy for them to fall back on, "But they're criminals! They need to be punished!" Which... yes, partially, but if you don't give them the tools to be law-abiding citizens, punishment ultimately won't help anybody. A big part of public safety is preventing recidivism, but most systems forget that and focus on the incarceration.
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Re: A Way to Combat Recidivism

#29  Postby Father O Rielly » Dec 20, 2010 12:22 am

I agree with the point that not all criminal factors can be readily addressed by educational training, psychological counseling, or other counseling interventions. In Canada at least, I can say that those that end up in prison do so for a variety of reasons, and the commonly held idea that these individuals are incompetent mentally, and/or unskilled and impoverished, and from the bottom strata of society, is overworked, to say the least. Many in this country go through the system, get relatively good counseling programs, extensive support during parole, job retraining if necessary, and still re-offend.

One really has to look at each individual case. And even then recognize that any sort of intervention is no magic bullet. Counseling programs sometimes just do not work. I think many in the general public believe that if individuals can just be put through an adequately funded addiction program, for example, then they are “done”, and on the road to a better, more productive life. But having a well-funded and staffed program is no guarantee of success. Many will still drop through the cracks, even with the best of intent and with unlimited money.

Statistically, some conditions seem to be more pliant to counseling interventions than others. Unfortunately, ASPD is one that seems very resistant to change, and may indeed be hard-wired in. It would be nice to think that science has progressed to the point today where we can intervene, in an objective, dispassionate, and goal oriented fashion, and treat those that come into the criminal justice system, but I believe we are a long way from that state of knowledge.

How society chooses to deal with this is of course pretty troublesome. But I think insisting that we can do things we cannot is not realistic. What we do know with a reasonable degree of certainty is that those that rate high on the scale for ASPD are very likely to commit anti-social acts, often in the form of heinous crimes. I think we have to take a clear-headed assessment of the rights of the 99% of the population that don’t suffer from this condition, versus the perhaps 1% that do.
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Re: A Way to Combat Recidivism

 
 

Re: A Way to Combat Recidivism

#30  Postby gleniedee » Dec 20, 2010 12:29 am

-
anti-social personality disorder is something of a spectrum condition. Depending on where we choose to draw the line, we could end up incarcerating a good number of businessmen.


Indeed,and not just that disorder.

It's been observed that a sociopath has two broad career paths:criminal or CEO.Looking at say big tobacco and some banks,it's often hard to tell difference.No, I'm not being facetious.
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