ISSUE No ISSUE

U.S. Department of Justice Office of Justice Programs National Institute of Justice 265 . 265

National Institute of Justice Journal

Elder Abuse Emerges From the Shadows of Public Consciousness

n Keeping Officers Safe on the Road

n In Brief: Indian Country Research

n Organizational Learning and Islamic Militancy

n Preventing Future Crime With Cognitive Behavioral Therapy

n The Long View of Crime

i Bu i l d i n g Kn o w l e d g e t o Me e t t h e Ch a l l e n g e o f Cr i M e a n d Ju s t i C e

National Institute of Justice Kristina Rose Acting Director, National Institute of Justice

The NIJ Journal is published by the National Institute of Justice to announce the Institute’s policy-relevant research U.S. Department of Justice results and initiatives. The attorney general has determined Office of Justice Programs that publication of this periodical is necessary in transacting the public business of the U.S. Department of Justice as 810 Seventh St. N.W. required by law. Washington, DC 20531 Findings and conclusions of the research reported here are those of the authors and do not necessarily reflect the official position or policies of the U.S. Department of Justice. All products, manufacturers and organizations cited in this Eric H. Holder Jr. publication are presented for informational purposes only, Attorney General and their discussion does not constitute product approval or endorsement by the U.S. Department of Justice.

Laurie O. Robinson Subscription information Assistant Attorney General online https://puborder.ncjrs.gov/Listservs/nij/reg.asp phone 301-519-5500 800-851-3420 Kristina Rose mail NCJRS P.O. Box 6000 Acting Director, National Institute of Justice Rockville, MD 20849-6000 World Wide Web address http://www.ojp.usdoj.gov/nij/journals/welcome.htm Contact NIJ This and other publications and products National Institute of Justice 810 Seventh St. N.W., Washington, DC 20531, USA of the National Institute of Justice can be http://www.ojp.usdoj.gov/nij/contact/welcome.htm found at: NIJ Journal Editorial Board Thomas E. Feucht National Institute of Justice Executive Science Advisor http://www.ojp.usdoj.gov/nij George Tillery Acting Deputy Director for Science and Technology Office of Justice Programs Angela Moore Acting Deputy Director for Research and Evaluation Innovation • Partnerships • Safer Neighborhoods http://www.ojp.usdoj.gov Jolene Hernon Nancy Ritter Lee Mockensturm Cheryl Crawford Watson Marilyn Moses Edwin Zedlewski

Editor Philip Bulman Contact the Editor [email protected] Production Palladian Partners Inc. Jennifer M. Walsh, Managing Editor Jill R. Grozalsky, Production Coordinator Aaron Auyeung, Designer NCJ 229882 Maureen Berg, Designer April 2010 NIJ JourNal / Issue No. 265 Director’s Message Contents One of the most disturbing statistics to come across my desk is the sheer number of law enforcement NIJ Bulletin 2 officers who die in traffic accidents. Elder Abuse Emerges From Most years, we lose more officers to accidents than the Shadows of Public we do to shootings. Although some accidental deaths Consciousness involve auto collisions, many take place when an by Philip Bulman 4 officer leaves a vehicle and is walking or standing on the road. Firefighters and other first responders face Prosecuting Elder Abuse similar hazards. by Sarah B. Berson 8

The National Institute of Justice has teamed up with the Department of Homeland Keeping Officers Security’s U.S. Fire Administration to sponsor several scientific studies of roadside Safe on the Road safety. This issue of the NIJ Journal presents important research findings that may by Beth Pearsall 10 help improve officer safety on the roads. We asked scientists and engineers to look at In Brief: Indian everything from what color of flashing lights will best alert drivers to an emergency to Country Research 16 where reflective materials should be placed on vehicles to maximize visibility. We hope these studies will contribute to safer working conditions for law enforcement officers Organizational throughout the country. Learning and Islamic Militancy In this issue, we also present a very different kind of study that could save lives. by Michael Kenney 18 An intensive look at how terrorists learn — and fail to learn — the skills they need to launch “successful” attacks highlights certain weaknesses that law enforcement Preventing Future Crime agencies can exploit as they try to detect and deter terror strikes. With Cognitive Behavioral Therapy For policymakers, this issue of the Journal presents research on the long view of crime by Patrick Clark 22 and a review of the effectiveness of cognitive behavioral therapy. Both articles give insights into successful programs. The Long View of Crime Finally, our cover story on elder abuse shows how NIJ forensic research is helping law by Pat Kaufman 26 enforcement document these horrifying crimes. We take an in-depth look at some special problems that prosecutors face when these cases reach the courtroom.

We want to hear from you! Let us know what you like or Kristina Rose dislike about the NIJ Journal. Acting Director, National Institute of Justice Please send your comments, suggestions and criticisms.

Contact us by e-mail at: [email protected]

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1 NIJ Bulletin

Law enforcement offi­ Cell Phones Behind Bars pending that would per­ Publications cers who are the first to looks at developments in mit prison and jail officials in Brief arrive at a crime scene cellular telephone technol­ to use cell phone jamming increasingly come across ogy that are of concern equipment. electronic devices rang­ to corrections and public

▼ http://www.ncjrs.gov/ ing from computers to cell safety officials. Criminals in pdffiles1/nij/227539.pdf. phones. Making the wrong prisons and jails are taking move could destroy valu­ advantage of the portabil­ able electronic evidence. ity and written message, If a computer is running, audio and video capabilities is it better to turn it off or of cellular phones to plan leave it on? The frustrat­ escapes or harass ing answer is: It depends. and threaten their NIJ has published a pocket victims. High- size book that serves as a and low- quick guide to electronic technology devices: Electronic Crime approaches Scene Investigation: An for intercepting On-the-Scene Reference or blocking for First Responders. phone signals Law enforcement agen­ are being tested cies can order bound and and used, and laminated copies or sim­ legislation is ply download the text from NIJ’s Web site. See

▼ http://www.ncjrs.gov/ pdffiles1/nij/227050.pdf.

events NIJ holds and cospon­ makers, and practitioners of the NIJ Conference. spotlight existing and sors events and training at the local, state and fed­ Combining the former emerging correctional seminars about relevant eral levels to share the DNA Grantees Workshop technologies. and timely issues in crimi­ most recent findings from with the NIJ Conference nal justice and technology research and technology. allows us to feature innova­ research. For more infor­ tions in forensic sciences Impression & Pattern The conference high­ mation go to http://www. and related policy and Evidence Symposium lights what works, what ojp.usdoj.gov/nij/events/ resource issues. August 2-5 does not work and what welcome.htm Clearwater Beach, Fla. the research shows as promising. It emphasizes 2010 Innovative The National Institute of The NIJ Conference the benefits to research­ Technologies for Justice, the Bureau of 2010 ers and practitioners who Corrections Conference Justice Assistance and June 14-16 work together to create June 21-23 the Federal Bureau of Investigation’s Laboratory Arlington, Va. effective evidence-based Fort Lauderdale, Fla. policies and practices. The Division will co-sponsor NIJ’s annual conference DNA Grantees Workshop, The 11th Annual Innovative this event. brings together criminal formerly a separate event, Technologies for Correc­ justice scholars, policy- is now an integral part tions Conference will

2 NIJ JourNal / Issue No. 265

.gov Newest Research Findings

See the NIJ Web site HOPE in Hawaii: Swift and Sure Changes in Probation for multimedia links ▼ The Hawaii Opportunity Probation with Enforcement programs began in 2004, under throughout this issue the guidance of Judge Steven Alm, as a swift and sure consequences program. and look for the following According to results from two evaluations, the HOPE program has achieved significant online content: reductions in drug use, new crime and incarceration. The results from a randomized

controlled trial of 493 probationers and a quasi-experimental study of 940 offend­ ▼ Recap of the 2009 ers showed that offenders assigned to HOPE had larger reductions in positive drug Predictive Policing tests and missed appointments than offenders assigned to probation-as-usual. HOPE Symposium, Los offenders who violated their conditions of release (such as failing to appear when Angeles. ordered or failing a drug test) were jailed more swiftly and more often, but for shorter periods, and spent approximately one-third as many days incarcerated for either ▼ NIJ has updated its revocations or new crimes as offenders in the control group. The results of this Web site with new rigorous evaluation demonstrate the potential of swift and certain sanctions for pages on: ensuring compliance with condition of release on probation. • Backlogs of Forensic DNA Evidence, ▼ Read the full report: http://www.ncjrs.gov/pdffiles1/nij/grants/229023.pdf. • Data Resources Program, Better Police Radio Communications ▼ The Wisconsin State Patrol has devoted several years to developing a strategy for • Foreclosures and adopting the Project 25 radio interoperability standards. P-25 refers to a suite of stan­ Crime, dards for digital two-way wireless communications. The WSP ran a four-site pilot • Unanalyzed Evidence program that created P-25 capabilities across the network. The WSP ran into various in Law Enforcement glitches related to programming, and enjoyed some notable successes. NIJ will soon Custody. publish a short report on the pilot program for the benefit of other law enforcement

agencies that are adopting P-25 products. ▼ NIJ funding opportuni - ties and awards.

▼ The online archive

▼ Identifying the Needs for Forensic Evidence Processing of back issues of the Law enforcement agencies are consistently facing heavy forensic case loads. Survey NIJ Journal. of Law Enforcement Evidence Processing, a final report submitted to NIJ by RTI International, found that in 14 percent of open homicide cases and 18 percent of open rape cases, law enforcement agencies had evidence that was never sent to http://www.ojp.usdoj.gov/nij a crime laboratory for analysis. Another 23 percent of all unsolved property crimes also yielded unanalyzed evidence. These results indicate a need for a more uniform system for submitting evidence that prioritizes cases based on the seriousness of the offense. Further training in the benefits and use of forensic analysis is recommended. Other needs identified by the survey include information systems that can track forensic evidence by case and standard guidelines for evidence maintenance.

▼ Read more: http://www.ncjrs.gov/pdffiles1/nij/grants/228415.pdf.

Go to the NIJ Web site at http://www.ojp.usdoj.gov/nij and subscribe @ to our e-mail alerts to be notified when the final reports are published.

3 Elder Abuse Emerges From the Shadows of Public Consciousness by Philip Bulman

Two recent studies shed light on the prevalence and detection of an often overlooked crime.

etective Cherie Hill was responded to the call. The 23-year­ skeptical, to say the least. old grandson had been arrested and D was in jail. Hill suspected that family An elderly woman was trying to con­ members were now pressuring the vince her that her grandson, who woman to recant to get the grandson lived with her, had not hurt her. released. She had initially told neigh­ Standing in the police station in bors that her grandson had grabbed Anaheim, Calif., surrounded by half a her and hit her. dozen family members, the woman told Hill that a cereal box had fallen Hill asked Dr. Laura Mosqueda to on her wrist and caused a bruise. examine the bruises. Mosqueda is Hill, an experienced elder abuse director of geriatrics at the University investigator, looked closely at the of California, Irvine Medical Center. bruising, which went all the way She has also studied bruising in the around her wrist. She surmised that elderly to determine a scientific basis a cereal box — even a large, airborne for distinguishing accidental bruises cereal box — would not likely wrap from abusive bruises. Mosqueda itself around someone’s wrist when believed the bruising was abusive. it landed and cause that degree of In addition, during the conversation bruising. Then there was the addi­ the elderly woman, who had demen­ tional bruise on her face that police tia, repeated that her grandson had officers had noticed when they first grabbed her.

4 NIJ JourNal / Issue No. 265

“These studies are

Prosecutors later charged the grand­ really important for significant bruising on the right son with elder abuse. He was found arm, perhaps because people raised guilty. The judge in the case placed law enforcement. It has their arms in an attempt to block the young man on probation and an attacker. issued a protective order. Two pio­ completely changed the neering studies of bruising in the Aileen Wigglesworth, a gerontolo­ elderly sponsored by the National way prosecutors handle gist and assistant professor at the Institute of Justice helped investiga­ University of California, Irvine, worked tors in this and many other cases, these cases.” on both studies. Wigglesworth said Hill said. that although the studies give police and prosecutors forensic markers that “These studies are really important body. Red and purple were the most are vital tools in elder abuse cases, for law enforcement,” she said. “It common colors on the first day that more work remains on other fronts, has completely changed the way a bruise appeared. However, some even on basic issues like the credibil­ prosecutors handle these cases. fresh bruises were yellow, a signifi­ ity of people who ask for help. It’s just really phenomenal.” cant finding because many people believe that yellow bruises are more “People tend not to believe elders,” Many people believe that bruising likely to be older. Indeed, yellow was she said. in elderly people is normal because the most common color in bruises they are more likely to experience that stayed visible for more than Some people assume that memory accidental falls. Indeed, a combina­ three weeks. loss and dementia afflict all elders, tion of factors such as thinner skin making them unreliable witnesses. and less subcutaneous fat does make Once researchers knew what acci­ The reality is that even some people bruising more common among older dental bruising looked like, they with dementia can talk about abuse; people than their younger peers. turned their attention to deliberately they may forget small details, but So researchers decided to study inflicted bruising. Stark differences they are likely to remember emotion­ “normal” bruising in elderly people emerged. The team of researchers ally charged events. and then follow up with a separate examined 67 people, 65 and older, study of bruising that resulted from who had been reported to adult “With dementia, they don’t remem­ physical abuse. protective services as possible abuse ber things with no emotional con­ victims. An expert panel confirmed tent,” Wigglesworth said. A Scientific Look at Bruising the abuse before including the peo­ ple in the study. Seventy-two percent People who work in the field face To learn what normal bruising looked of those who had been physically a host of other challenges as well. like, researchers recruited 101 peo­ abused within 30 days before exami­ Elders typically want to protect family ple, 65 and older, with an average nation had bruises. When compared members and are reluctant to report age of 83. Trained interviewers went with the previous group (who had not abuse. Sometimes family members to their homes every day for six been abused), they had significantly are striving to take care of an elderly weeks. Participants undressed and larger bruises. Another important person but fall short. This may not were examined from head to toe finding is that 91 percent knew what involve outright abuse, but neglect or for bruises. Each bruise was pho­ caused their bruises. Only 28.6 the simple inability to care properly tographed, and the interviewers percent of the comparison group — for an elderly person. In those cases documented their location, size and those who had normal, nonabusive social service agencies can often color and noted how long it took for bruising — remembered the incident help, Wigglesworth said. the bruises to fade. The researchers that caused their accidental bruises. found that 90 percent of the bruises were on the extremities. Not a sin­ Abusive bruises are often larger. gle accidental bruise was found on More than half are 2 inches or larger the neck, ears, genitals, buttocks in diameter. The physically abused Cherie Hill and Aileen Wigglesworth or soles of the feet. Of the 20 large elders were much more likely to spoke at the 2009 NIJ Conference. bruises (larger than 5 centimeters — have bruises on the head and neck, To see a brief interview go to: http:// about 2 inches — in diameter) only especially the face, and on the pos­ www.ojp.usdoj.gov/nij/journals/ one occurred on the trunk of the terior torso. Researchers also noted media.htm.

Elder Abuse Emerges From the Shadows of Public Consciousness | 5 NIJ JourNal / Issue No. 265

County, Calif. The center’s team The Prevalence of elder Abuse includes doctors, law enforcement officers, prosecutors, adult protective services workers and others involved in elder abuse cases. o find out just how widespread Of those surveyed, 0.6 percent Telder abuse may be, NIJ reported being sexually abused Mosqueda, who has worked on hun­ sponsored a study that involved in the previous year. About 16 dreds of elder abuse cases, said an extensive telephone survey of percent of these people said they there are many obstacles, including older Americans. More than 5,000 had reported the assault to the hesitation by police and prosecu­ people, 60 or older, participated. police. Family members were tors because they do not know how Interviewers asked participants responsible for about half of the to confirm a claim. “They say, ‘They about their experiences in the previ- assaults. said they were hit, but they’ve got ous year, as well as their lifetimes Alzheimer’s; we can’t believe them,’” overall. The prevalence of physical Other types of abuse include: she said. mistreatment was 1.6 percent. Of

▼ Financial exploitation: those who reported this mistreat- 5.2 percent Or, sometimes people will assume ment to interviewers, only 31 that a death was due to natu­

percent said they had reported ▼ Potential neglect: 5.1 percent ral causes because of a person’s the problem to police. Strangers advanced age. Mosqueda describes ▼ Emotional mistreatment: accounted for only 3 percent of 5.1 percent a common attitude in these terms: these assaults; family members “Old people are supposed to die. were the perpetrators in 76 percent Overall, 11 percent of those sur­ Haven’t you heard?” As a result, doc- of the cases. veyed reported some form of tors and others who suspect abuse mistreatment in the previous year; often have trouble involving law In July 2003, there were 35.9 million 1.2 percent reported two forms enforcement in cases, Mosqueda people 65 and older, according to the of mistreatment, and 0.2 percent said. “Many times we are just drag- U.S. Census Bureau. If 1.6 percent reported three forms. ging the police, begging to get them of those were physically abused, involved,” she said. the total number of cases would be For more information: 574,400. The older population is on One complicating factor in some

the threshold of a boom, according ▼ The complete study can be cases is detecting negligence. Still, to census projections. A substantial found at: http://www.ncjrs.gov/ the results of negligence can be just increase will occur during the 2010 pdffiles1/nij/grants/226456.pdf. as bad, Mosqueda said. “There are to 2030 period. The elder population people who are being neglected to in 2030 is expected to be twice as death, dying under horrible circum­ large as in 2000, growing from 35 stances,” she said. million to 72 million. Some law enforcement agencies are developing expertise in elder abuse, but the field is in its infancy in many Elder abuse was a topic at the 2009 NIJ Conference. To listen to a regions. Besides, while researchers panel that discusses how much it occurs and how to measure it go to: http://www.ojp.usdoj.gov/nij/journals/media.htm. have been able to recruit partici­ pants for bruising studies from local communities, these do not include the many elderly who live in nursing homes, Mosqueda said. “We need a whole lot more rem- Besides doing basic research, edies than just going to court, and Wigglesworth and Mosqueda also Although researchers and others con­ that’s something we’re really con- work on active cases and provide cerned about elder abuse face many cerned about,” she said “We’re not training to law enforcement officers obstacles, they are gradually becom­ out to put every caregiver in jail.” and medical examiners at the Elder ing more successful. Michael Uhlarik, Abuse Forensic Center in Orange a former prosecutor in Suffolk

6 | Elder Abuse Emerges From the Shadows of Public Consciousness NIJ JourNal / Issue No. 265

County, Mass., said the Suffolk because a security alarm had been examples from Higashi’s office County District Attorney’s Office had turned off. He raped a 77-year-old include: teamed up with law enforcement female resident who was suffering and social workers to share informa­ from paranoid schizophrenia. The n In 2008 Darryl Gaynor, 38, was tion and decide how best to pursue victim was terrified and embarrassed sentenced to 24 years in prison for cases. Uhlarik, who is now a judge, about the incident. Maria Shumar, sexually assaulting his 72-year-old said the group was able to offer a victim-witness advocate in the aunt in 2007. training for police, prosecutors and n In 2008 Martin “Tony” Brown, doctors. Once they become familiar 48, was sentenced to 24 years in with the reality of elder abuse, some The victim-witness prison for killing his 89-year-old people will become passionate about grandfather in 2006. the cause. advocates may work The victim-witness advocates may “You have to find a handful of com­ on everything from trial work on everything from trial prepa­ mitted people who think this is the ration to helping someone find new issue,” Uhlarik said. preparation to helping housing. Higashi believes that their someone find new work has been critical to her office’s Prosecutors and Victim- success. “Having a good number of Witness Advocates Score housing. Higashi believes advocates and having them special­ Victories Together ized and having them co-located is that their work has helpful,” she said. Kelly Higashi, Chief of the Sex Offense and Domestic Violence been critical to her A number of factors are now con­ Section of the United States verging that may improve the Attorney’s Office in Washington, office’s success. outlook for elder abuse. Prosecutors D.C., agreed that a certain degree have won high-profile cases in of specialization is worthwhile. Washington, D.C., and other cities. U.S. Attorney’s Office, worked Law enforcement officers are becom­ “It is important to get people to closely with the woman, even taking ing increasingly aware of the elder develop expertise in this area,” her to the courtroom ahead of time abuse problem and now have solid she said. so she could see what it looked like forensic studies to rely on. Moreover, and practice sitting in the witness the public is growing more aware of Because of the unique legal sta­ stand. “It was a tough case because this previously hidden problem. tus of the District of Columbia, the defense grilled her for a day,” the U.S. Attorney’s Office prose­ Shumar recalled. Still, the assailant “We have a window of opportunity cutes local crimes as well as federal was convicted. like we’ve never had before with crimes. Higashi’s unit handles elder elder abuse,” Shumar said. abuse as part of its broader mis­ While such cases involving assaults sion. Sometimes the office has faced by strangers do occur, more often extraordinary challenges in pursuing crimes against the elderly are perpe­ Philip Bulman is the editor of the cases. For example, in a 1999 case a trated by family members or other NIJ Journal. man was able to enter a group home people who know the victim. Some NCJ 229883

For More Information n A wealth of information is available at: http://www.centeronelderabuse.org. To listen to a panel that discusses n The study about normal bruising, Bruising in the Geriatric Population, is how forensic markers and technol­ available at: http://www.ncjrs.gov/pdffiles1/nij/grants/214649.pdf. ogy are used to detect elder abuse and neglect, go to: http://www.ojp. n The study about abusive bruising, Bruising as a Forensic Marker of Physical usdoj.gov/nij/journals/media.htm. Elder Abuse, is available at: http://www.ncjrs.gov/pdffiles1/nij/grants/226457.pdf.

Elder Abuse Emerges From the Shadows of Public Consciousness | 7 NIJ JourNal / Issue No. 265

Prosecuting Elder Abuse Cases by Sarah B. Berson

lder abuse presents many to the problem of elder mistreat­ When it comes to prosecuting elder challenges to prosecutors — ment because they investigate abuse cases, multidisciplinary teams Esome of which are unique reports of elder mistreatment have been invaluable, said Tristan to elder abuse, some of which are and offer victim services.” Svare, deputy district attorney with familiar, if thorny, issues from child the Elder & Dependent Adult Abuse n Reporting “laws that permit or abuse and domestic violence (such require certain persons to report Prosecution Family Violence Unit, as complicated family dynamics1). certain types of mistreatment Central Division at San Bernardino Indeed, much of the system meant to a government agency, typically County (Calif.) District Attorney’s to protect elders is drawn from the Office. The teams, like APS units, 2 APS.” child protective services system. are drawn from the child-abuse Child abuse is not, of course, a per­ n Laws “that specifically prohibit model for prosecuting cases. fect analogy for elder abuse, and or specially penalize (or both) there has been debate over the certain treatment of older adults. “They are absolutely essential to functionality (for example, do com­ Some create new crimes for which work a case properly,” Svare said. pulsory reporting statutes work?) perpetrators of elder mistreat­ He pointed to the role they play in and ethics (for example, do they ment can be held liable; others gathering individuals with critical, respect the autonomy of competent provide for enhanced penalties for specialized knowledge in a particular 3 adults?) of these laws. those convicted of crimes involv­ subject matter together in child abuse ing elderly or otherwise vulnerable cases. “Without experts to say ‘this 5 The laws that protect elders spe­ victims.” is truly abusive; this is what happens cifically and the definitions of elder when you shake an infant,’ you won’t abuse itself vary from state to state, Recommendations by the American get anywhere on the case.” though all states have some form of Bar Association for improving the 4 legislation that addresses the issue. handling of elder abuse cases by The same is true in cases of elder Laws that protect older adults (usually prosecutors include setting up special abuse, Svare said. defined as those 65 and older) usually elder abuse units or special prosecu­ fall into one of three categories: tors. The ABA recommends training The National District Attorneys prosecutors on the kinds of crimes Association policy position on elder n Laws “that create and govern state committed against the elderly and abuse echoes Svare’s sentiment, [adult protective services] APS the particular issues the elderly may stating that, “Frequently, a multidis­ units, which are charged with present as victims, improving victim ciplinary approach may be a more providing services to vulnerable aid services, educating the public and effective means of prosecuting elder adults. APS agencies are generally professionals, and forming multidisci­ abuse cases, holding offenders 6 viewed as the front-line responders plinary teams. accountable, protecting victims and preventing future abuses.

8 | Elder Abuse Emerges From the Shadows of Public Consciousness NIJ JourNal / Issue No. 265

The successful prosecution of elder one day to gangs and drugs Awareness among the public and abuse, neglect and exploitation the next.” among law enforcement is crucial. requires the collaboration of specially Prosecutors should take a leadership n “Training of the prosecutors is trained individuals from multiple role in educating communities about spotty at best. The training has agencies and organizations within elder abuse by raising awareness. It to be ongoing and reflect the the community.”7 is a crime and should be treated as needs of the current staff in the such, Svare said. positions.” Svare said he is in an unusual position. California has good, com­ n “Prosecutors will only take cases Police, for example, need to rec­ prehensive laws about elder that they believe will result in ognize elder abuse and treat it as mistreatment; Southern California conviction. These cases present potentially criminal and something has excellent resources for dealing complex issues and can be difficult that should be investigated. The with the complexities of elder abuse to prove.” key to this is, again, education and cases. Of particular note is the geri­ training — teaching officers and n “There is a lack of public education atrics program at the University of other first responders to identify and or public outreach on the topic from California, Irvine, which started the respond to signs of abuse and neglect most prosecution offices.” country’s first Elder Abuse Forensic among the elderly, Svare said. 8 Center in May 2003. He is also part n “There are systemic problems in of an elder abuse prosecution unit the interplay between prosecutors, Of course, prosecutors want to have (San Bernardino County has had a law enforcement, APS, nursing a winning record, but that should not specialized prosecution team for elder homes, and the roles each is be the deciding factor, Svare said. abuse cases since 20009). Having to play.”11 “It can’t be about ego,” he said. “It a unit that is familiar with the spe­ has to be about the case — what’s cial features and challenges of elder Svare similarly noted that prosecutors the just thing to do.” Svare added abuse prosecution can play an impor­ might hesitate to take elder abuse that prosecutors were more likely to tant role in moving cases forward, cases for many reasons. These get a plea than in any other type of Svare said. Yet, he adds, such a unit include their overall complexity, case — especially if it is a good case is simply not practical in all offices. because they often involve compli­ on paper. However, even if it goes cated medical and financial issues to trial, if nothing else, “it’s good for The American Prosecutors Research and concerns about victim compe­ raising awareness in the community.” Institute conducted interviews with tency. Also, elderly victims might elder abuse prosecutors and identi­ have other special needs and may fied several barriers to prosecution:10 lack jury appeal. Sarah B. Berson is a staff writer for the NIJ Journal. n “The priorities in a prosecutor’s “We need to teach prosecutors that office can change from elder abuse they can do this,” Svare said. NCJ 229884

notes 1. In residential settings, family members of Child Abuse Statutes as a Model for 8. Wiglesworth, A., L. Mosqueda, K. (including extended family) are respon­ Elder Abuse Statutes.” Burnight, T. Younglove, and D. Jeske. sible for committing almost 90 percent 4. Kohn, N., “Outliving Civil Rights,” “Findings From an Elder Abuse Forensic of elder abuse. See Twomey, M., M.J. Washington University Law Review 86 Center,” The Gerontologist 46 (2) (2006): Quinn, and E. Dakin, “From Behind (5) (2009): 1053-1115. 277-283. Closed Doors: Shedding Light on Elder 5. Ibid. 9. Brambila, N., “Prosecutor: Cases Abuse and Domestic Violence in Late Frequently Not Viewed as Serious Life,” Journal of the Center for Families, 6. American Bar Association, Criminal Crimes,” The Desert Sun, July 18, 2009. Children & the Courts 6 (2005): 73-80; Justice Section, Senior Lawyers Division Barber, J.W., “The Kids Aren’t All Right: Commission on Domestic Violence, 10. American Prosecutors Research Institute, The Failure of Child Abuse Statutes as a Commission on Law and Aging, Report to “Protecting America’s Senior Citizens: Model for Elder Abuse Statutes,” Elder the House of Delegates, February 2008: What Local Prosecutors Are Doing to Law Journal 16 (1) (2008): 107-111. 6-7, http://www.abanet.org/crimjust/ Fight Elder Abuse,” Special Topic Series, policy/crimeselderly.pdf. Alexandria, VA: American Prosecutors 2. “Introduction” in Elder Mistreatment: Research Institute, September 2003: Abuse, Neglect, and Exploitation in an 7. National District Attorneys Association, 4, http://www.ndaa.org/pdf/protecting_ Aging America, ed. R.J. Bonnie and Policy Positions on the Prosecution of americas_senior_citizens_2003.pdf. R.B. Wallace, Washington, DC: National Elder Abuse, Neglect, and Financial Academy of Sciences, 2003. Exploitation, March 2003, http://www. 11. American Bar Association, Report to the House of Delegates. 3. See generally, for example, Barber, ndaa.org/pdf/policy_elder_abuse_ “The Kids Aren’t All Right: The Failure march_22_2003.pdf.

Elder Abuse Emerges From the Shadows of Public Consciousness | 9 Keeping Officers Safe on the Road by Beth Pearsall

Several reports highlight visibility issues for law enforcement and safety personnel responding to roadside incidents.

ct. 21, 2008, began like any children — died instantly. He was 31 other day on the job for years old.1 Opolice officer David Tome. David Tome’s story is tragic and Early that Tuesday morning, Tome sadly common. Every week, new and the rest of the accident recon­ stories emerge of law enforcement struction team from the Northern officers, firefighters and other first York County Regional Police responders who are injured or killed Department were on Route 15 in in roadside crashes throughout the York County, Pa., investigating a fatal United States. crash that had occurred days earlier. The team set up traffic cones to The National Institute of Justice has close the right lane of the road collaborated with fire service and and began the investigation. automotive engineering agencies on several studies that address roadway However, around 9 a.m., a passing safety. Increasing emergency vehicle sport-utility vehicle hit Tome where visibility and developing training and he stood in the right lane, send­ tools aimed at keeping first respond­ ing him flying over a guardrail. Tome ers safe on the road have emerged — a five-year veteran of the force, a as next steps in the effort to prevent husband and a father of two young future tragedies.

10 NIJ JourNal / Issue No. 265

Alarming numbers Emergency vehicles have features Although compliance with the NFPA designed to draw attention to their standard is voluntary, vehicle man­ Preliminary data for 2009 from the presence even when drivers are ufacturers typically comply to limit National Law Enforcement Officers not actively looking for them. These liability and ensure the marketability Memorial Fund show that for the include warning lights, sirens and of their products.5 12th year in a row, more officers horns, and retroreflective striping, were killed in the line of duty in which reflects light back to its source. Law enforcement does not have a traffic incidents than from any other Such features provide information similar national standard. However, cause of death, including shootings. about the vehicle’s size, position, many law enforcement agencies These incidents comprise auto­ speed and direction of travel so apply retroreflective markings to mobile and motorcycle crashes as drivers can take suitable action.4 patrol cars, motorcycles and other well as officers struck while out­ vehicles.6 side their vehicles. In 2009, 56 law enforcement officers had died in The demands of the law enforcement traffic-related incidents, account­ profession also create unique visibility ing for close to 50 percent of officer Preliminary data for 2009 2 issues. Sometimes personnel do not deaths for the year. want their cars to be readily detect­ show that for the 12th able. Officers may want to be almost In the previous year, 28 out of the invisible to other drivers under cer­ 118 firefighters who died while on year in row, more tain circumstances. The need for high duty were killed in vehicle crashes. visibility at certain times must be bal­ Another five firefighters were struck officers were killed in 3 anced against a need for stealth at and killed by vehicles. traffic incidents than other times. These sobering numbers clearly show the need to protect law from any other cause Using reflectors to enforcement officers, firefighters improve Visibility and other first responders as they of death, including A recent study took a closer look at perform their duties on the nation’s some commercially available prod­ streets and highways. shootings. ucts to determine whether they help increase emergency vehicle visi­ Vehicle Visibility bility and improve roadway safety for emergency responders and the Visibility is essential to roadside Some emergency response fields public. The NIJ-funded research safety for emergency responders. have national standards that gov­ was conducted by the U.S. Fire Can drivers see and recognize an ern the visibility of vehicles. The Administration and the International emergency vehicle as it navigates National Fire Protection Association’s Fire Service Training Association.7 through traffic on its way to the (NFPA’s) Standard for Automotive scene of an accident or fire? When Fire Apparatus requires fire trucks Looking specifically at retroreflective the first responder has reached and ambulances in the United States striping, high-visibility paint, built- the scene and is on the side of the to have retroreflective striping and in lighting and other reflectors on road, can drivers clearly see both the markings in multiple locations, includ­ emergency vehicles, the researchers person and the vehicle? ing at least: found that:

Several factors affect a vehicle’s n Fifty percent of the cab and body n Retroreflective materials can help visibility — its size and color, for length on each side. heighten emergency vehicle vis­ example. Environmental conditions, n Twenty-five percent of the front ibility, especially during nighttime such as the weather and time of width of the vehicle. conditions. day, also play a role in whether drivers can easily see emergency n Fifty percent of rear-facing sur­ n Using contrasting colors can help vehicles along the road. faces, in a 45-degree down-and­ civilian drivers find a hazard amid away “chevron” pattern. the visual clutter of the roadway.

Keeping Officers Safe on the Road | 11 NIJ JourNal / Issue No. 265

n n Fluorescent colors (especially fluo­ n Using fluorescent retroreflective Look for emergency warning lights. rescent yellow-green and orange) material when responders want a n Look for pedestrian emergency offer higher visibility during day­ high degree of day- and nighttime responders near the warning lights. light hours. visibility. n Rate the ability of the warning n Applying distinctive logos or Researchers also identified ways for lights to draw attention to the emblems made with retroreflec­ first responders to improve the ability emergency scene. tive material to improve emergency of civilian drivers to see and recognize vehicle visibility and recognition. emergency vehicles during all phases During this field experiment, the of an emergency. These include: researchers varied the color and Warning Lights: Help or intensity of the warning lights (using n Using retroreflective material to Hindrance? white, yellow, red and blue lights at outline an emergency vehicle with low and high intensities). They also “contour” or “edge” markings, USFA and the Society of Automotive varied the location of the emergency especially on large vehicles. Engineers conducted a separate NIJ- vehicle (placing it to the left or right funded study to examine another of participants) and the surround­ n Placing retroreflective material important feature of emergency ing light (creating day and nighttime lower on emergency vehicles vehicles — warning lights.8 lighting conditions). The emergency to take advantage of headlights responders wore two different sets from approaching vehicles. Researchers in this study looked spe­ of protective clothing. Both sets had Researchers noted that law cifically at how the color and intensity standard retroreflective markings; enforcement could concentrate of warning lights affect driver vision however, the background material retroreflective material on the rear and emergency vehicle safety dur­ on one set was black, and the other of vehicles to preserve stealth ing the day and night. They examined was yellow. when facing traffic or patrolling. whether the lights alerted drivers to the presence and location of an The most significant difference emergency vehicle as intended or occurred between day and night: whether they unnecessarily dis­ Researchers found that participants’ “Emergency lighting used tracted drivers or hindered their ability ability to find warning lights at night by some departments to detect emergency responders was uniformly good and did not on foot. improve when they increased the is based on tradition lights’ intensity. During the day, how­ “Right now, emergency lighting ever, a higher intensity of each of the and opinion ... with this used by some departments is based four colors improved participants’ on tradition and opinion,” said Bill ability to spot the lights. Blue was the study, we wanted Troup, a fire program specialist at easiest light color for participants to the USFA National Fire Data Center. see, day and night. to add some science to “Some agencies use red warning lights; others use blue, and some Even though the responders out­ the ‘why’ of emergency use a combination of colors. Why are side the emergency vehicles wore the colors this way? Because that’s protective clothing with retrore­ lighting.” the way it’s been done. It’s tradition, flective markings, participants had and in some cases, this tradition has substantially more difficulty finding become state law. With this study, the responders at night than during we wanted to add some science to the day. Researchers found no dif­ the ‘why’ of emergency lighting.” ference in participants’ ability to find responders wearing the black ver­ The researchers asked study partic­ sus yellow clothing in either the day ipants, who were representative of or night. The warning lights had little the driving public, to perform three effect on participants’ ability to see tasks while viewing a simulated traf­ the responders during both lighting fic scene: conditions.

12 | Keeping Officers Safe on the Road NIJ JourNal / Issue No. 265

Based on these findings, the advantages of using blue lights at More Tools to improve Safety researchers offered three recommen­ night. In this study, they found that dations for improving safety during when participants searched for Aside from research studies on vehi­ roadside emergencies: warning lights in the daytime, blue cle visibility, NIJ also has supported was more effective than any of the developing Web-based tools that will help improve the safety of law n Consider different intensity three other colors tested. This find­ levels of warning lights for day ing provides more evidence in favor enforcement officers, firefighters and and night. Researchers noted that of using blue lights during all light­ other emergency responders on the finding a single intensity for warn­ ing conditions. roadways. ing lights — one that is intense n Use color to make a clear visual enough for daytime conditions but With support from NIJ, USFA collab­ distinction between parked not too intense for nighttime condi­ orated with the Cumberland Valley emergency vehicles in two tions — can be difficult. Using at Volunteer Firemen’s Association’s different paths. Researchers least two levels of intensity might Emergency Responder Safety suggest using one color of light be a more effective choice. Institute to create ResponderSafety. for vehicles that are parked in the com. This Web site contains the lat­ n Make more overall use of blue normal path of traffic (for example, est news and training on roadside lights, day and night. According red lights). Another color could be safety as well as recent cases of to the researchers, strong agree­ used for vehicles that may be near responders who were injured or ment already exists about the the normal path of traffic but are killed by vehicles while on duty. not obstructing it. The site aims to be a place where

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Keeping Officers Safe on the Road | 13 NIJ JourNal / Issue No. 265

transportation, public safety and emergency responders, including law Perhaps one of the most emergency personnel around the enforcement. The program is sched­ essential parts of the country can share lessons learned, uled to launch in 2010. thus helping them to respond more equation is the alertness safely and effectively to roadway roadside Safety: incidents. of civilian drivers and A Multifaceted issue USFA also collaborated with Roadside safety issues are complex. their ability to recognize the International Association of Using warning lights and retrore­ Firefighters to develop a separate flective material to increase an an emergency vehicle Web-based training program called emergency vehicle’s visibility is just “Improving Apparatus Response and one important focus area. Setting up and take suitable action Roadway Operations Safety for the a proper safety zone at the scene of Career Fire Service.” NIJ and USFA an accident or other roadside haz­ to avoid a collision. are working to expand this roadside- ard, as well as increasing the visibility safety training program to cover all of emergency responders on foot, is also critical. Perhaps one of the most essential parts of the equation is the alertness of civilian drivers and their ability to recognize an emergency For More Information vehicle and take suitable action to n http://www.ResponderSafety.com. avoid a collision. NIJ will continue to n USFA, Emergency Vehicle Visibility and Conspicuity Study, FA-323/August work with law enforcement, firefight­ 2009, http://www.usfa.dhs.gov/downloads/pdf/publications/fa_323.pdf. ers and other emergency responders — and the public — to address these n USFA and SAE International, Effects of Warning Lamp Color and Intensity concerns and help improve safety for on Driver Vision, October 2008, http://www.sae.org/standardsdev/tsb/ everyone on the road. cooperative/warninglamp0810.pdf. n USFA’s emergency vehicle safety efforts: http://www.usfa.dhs.gov/ Beth Pearsall is a freelance writer. fireservice/research/safety/vehicle.shtm. She is a former managing editor of the n USFA’s roadway safety efforts: http://www.usfa.dhs.gov/fireservice/ NIJ Journal. research/safety/roadway.shtm. NCJ 229885

notes 1. Northern York County Regional Police Emmitsburg, MD: U.S. Department of 7. Ibid. Department, “David Tome Memorial Homeland Security, Federal Emergency 8. Flannagan, M.J., D.F. Blower, and J.M. Page,” http://www.nycrpd.org/tome. Management Agency, September 2009, Devonshire, Effects of Warning Lamp html; and “Officer Investigating Fatal http://www.usfa.dhs.gov/downloads/pdf/ Color and Intensity on Driver Vision, Crash Struck, Killed,” WGAL.com, publications/ff_fat08.pdf. Warrendale, PA: SAE International, Oct. 22, 2008, http://www.wgal.com/ 4. U.S. Fire Administration, Emergency October 2008, http://www.sae.org/ news/17769185/detail.html. Vehicle Visibility and Conspicuity Study, standardsdev/tsb/cooperative/ 2. National Law Enforcement Officers Emmitsburg, MD: U.S. Department of warninglamp0810.pdf. Memorial Fund, “Law Enforcement Homeland Security, Federal Emergency Officer Fatalities Fall Sharply During Management Agency, FA-323/August Third Quarter of 2009,” Oct. 2, 2009, 2009, http://www.usfa.dhs.gov/ http://www.nleomf.com. downloads/pdf/publications/fa_323.pdf. 3. U.S. Fire Administration, Firefighter 5. Ibid. Fatalities in the United States in 2008, 6. Ibid.

14 | Keeping Officers Safe on the Road NIJ JourNal / Issue No. 265

finding Safe and effective Alternatives to the Highway flare

aw enforcement officers The research team found the chemi­ Officers need to be able to set up Loften use flares to point out cal and electric flares tested were the flares quickly, efficiently and in an accident location or other traf­ less visible than the traditional such a fashion that drivers under­ fic hazard and increase visibility. flare when placed at ground level. stand what to do.” Sometimes, minor depressions in However, the magnesium-based In addition, the researchers highway flares traditionally used found that basic, uncomplicated by law enforcement can create designs for cones and flares were great risks for officers and the “The most dangerous the most effective and visible. surrounding area. These flares Arrangements using multiple flare burn at high temperatures for 15 time for officers at an types disoriented and confused to 30 minutes, creating smoke incident scene is when other drivers. and fumes that can overwhelm the user. Once the flare has fin­ they are setting up the For more information on this ished burning, the officer is left study, go to http://www.ncjrs.gov/ to dispose of the hot, melted flares and cones.” pdffiles1/nij/grants/224277.pdf. remains. Besides the immediate risks, there are potential long- term effects on the surrounding environment. For example, the the roadway were enough to obscure byproducts of burning flares can the alternative flares. However, when poison a nearby water supply. researchers lifted these flares off the ground — even by just a few inches “Most agencies do not have poli­ — visibility increased by one-fourth cies about the disposal of flares,” of a mile. When placed on a cone, said Charlie Mesloh, director of the alternative flares were visible at the Weapons and Equipment one mile or more. Research Institute at Florida Gulf Coast University. “It’s completely “When you increase the ability discretionary. Officers frequently of people to see at greater kick them to the side of the road, distances, you give them leaving sharp metal spikes that more time to react,” Mesloh can create a future road hazard.” said. “The most dangerous time for officers at an With funding from NIJ, Mesloh incident scene is when and his colleagues assessed they are setting up the alternative highway flares that flares and cones. use chemical or electric sources of energy, thus reducing the risks posed by traditional flares.

Keeping Officers Safe on the Road | 15 NIJ JourNal / Issue No. 265 In Brief

60 55 5 50 10

Indian Country Research

The Comprehensive indian resources for Community and Law enforcement Project evaluation The CIRCLE Project was a col- were deeply involved in the evalu- tribal sovereignty in creating institu­ laborative effort between several ation work. Researchers worked tions, nation building and designing Department of Justice agencies closely with federal and tribal part- culturally suitable processes, were and three tribes — the Northern ners to learn how effective the identified as important for program Cheyenne Tribe, the Oglala Sioux CIRCLE Project was in improving momentum and sustainability. Tribe and the Pueblo of Zuni — to tribal criminal justice systems and to improve criminal justice systems what extent the Justice Department Comprehensive change is possible, within these communities by reduc- succeeded in helping the tribes. as shown by the successes of the ing crime and improving safety. Pueblo of Zuni. Although crime reduc- Given the tribes’ diverse approaches tion cannot definitively be attributed Tribes focused their CIRCLE funds toward the broad goals of reducing to CIRCLE, such change can likely AK on different objectives, depending crime and improving safety, evalua- reduce crime. However, one of the on their needs. For example, the tors examined the accomplishments most important lessons from this WA

Pueblo of Zuni stressed building a of each tribe individually and in signif- evaluation concerns the approach ME management information system, icant detail. However, they did draw that agencies take to justice system MT ND OR MN MI expanding community policing, some general lessons from their spe- enhancements in Indian Country. VT NH ID

developing a model to decrease cific findings. Local data-gathering and an under- SD WI NY MA MI RI youth and family violence, and standing of conditions specific to WY CT strengthening law enforcement, They noted that addressing sustain- locale help to identify opportunities IA PA corrections and domestic violence ability at the beginning helps tribes for action. While not all tribes are NE NJ NV OH MD DE service agencies. The Northern to plan their changes according ready for system-level changes, this UT IL IN CA CO WV Cheyenne Tribe focused on creating to projected long-term effects. In should not deter them from making VA KS MO a better tribal court system, building addition, tribal partners wanted the targeted changes on a smaller scale. KY a juvenile detention and rehabilitation CIRCLE Project to support self- This more incremental course saves NC TN OK center, expanding victim services and determination. Participants wanted money, time and effort and can lead AZ expanding the police force. Finally, the the freedom to shape tribal institu- to long-term success. NM AR SC

Oglala Sioux Tribe worked on expand- tions and design changes tailored to MS AL GA

ing youth services as well as the the particular needs of their commu- ▼ Read the full report: http:// TX police force and improving the tribal nities. Evaluators also recognized www.ncjrs.gov/pdffiles1/nij/ LA

court system and victim services. the great need, in system reform, grants/221081.pdf FL for nation-building and creating How Effective Was the Program? criminal justice processes (not To learn more about NIJ’s tribal HI NIJ sponsored a 48-month parti­ merely outcomes) that are cultur- crime and justice research go to:

cipatory evaluation of the CIRCLE ally fitting. These tailored solutions, ▼ http://www.ojp.usdoj.gov/nij/ Project. All the project stakeholders respecting self-determination and topics/tribal-justice/welcome.htm.

16 NIJ JourNal / Issue No. 265

Public Law 280

Passed in 1953, Public Law 280 Systematic documentation of P.L. county or federal police in overall drastically changed the role that 280 did not begin until recently. An availability. some state governments play in NIJ-funded study, Law Enforcement Indian Country criminal justice sys­ and Criminal Justice Under Public P.L. 280 reservation residents tems. Before this law, criminal Law 280 by Carole Goldberg and stressed the lack of resources as a jurisdiction on reservations in all Dr. Duane Champagne has shed significant limit on developing their states was shared between federal some light on this area and helped own police and justice systems. In and tribal governments. State gov­ to map out some of the contours of addition, they expressed concerns ernments were largely uninvolved. its effects. that players in the federal, state P.L. 280 mandated a transfer of fed­ and county criminal justice systems eral criminal jurisdiction over Indians In general, those tribes that are under lack respect and appreciation for and non-Indians on reservations to state and tribal jurisdiction were less tribal cultures. state governments in six states. It also satisfied with both the availability and

allowed other states to transfer law the quality of law enforcement than ▼ Read a brief on the research enforcement authority, without the tribes that are under federal and tribal http://www.ncjrs.gov/pdffiles1/ consent of tribal members. jurisdiction. P.L. 280 residents had a nij/209839.pdf. significantly less favorable view of

▼ The full report is available at http:// A 1968 amendment required future the performance of non-tribal police www.ncjrs.gov/pdffiles1/nij/ transfers to be approved by tribal than the state and county police grants/222585.pdf. members. It also allowed states to themselves. All jurisdictions, how­ return jurisdiction — in full or in part ever, rated the performance of —Sarah B. Berson — back to the federal government. tribal police higher than state,

NCJ 229886 Mandatory and Optional Public Law 280 States

AK

WA

ME MT ND

OR MN MI VT NH ID

SD WI NY MA MI RI WY CT

IA PA NE NJ NV OH MD DE UT IL IN CA CO WV VA KS MO KY

NC TN OK AZ NM AR SC

MS AL GA

TX LA

FL

HI

Legend Mandatory Pl–280 optional Pl–280 Non-Pl–280

IN BRIEF: Indian Country Research | 17 Organizational Learning and Islamic Militancy by Michael Kenney

Law enforcement may be able to exploit terrorists’ inexperience to deter attacks.

ike other forms of criminal develop to be good at it. This begs deviance, terrorism requires an important yet little understood Lexpertise that combines knowl­ question: How do terrorists get the edge with practice. experience — and expertise — they need to carry out acts of political Terrorists with knowledge and practi­ violence? cal experience are more likely to carry out “successful” attacks than those To answer this question, I car­ lacking both of these essential quali­ ried out five months of fieldwork ties. However, some extremists are on Islamic militancy in Britain and more informed — and experienced — Spain, home to two of the most than others. devastating terrorist attacks since Sept. 11.1 I interviewed many mili­ Well-educated people do not nec­ tants, including former Guantánamo essarily make good terrorists. The Bay detainees and members of medical doctors behind the failed al-Muhajiroun. I also interviewed 2007 car bombings in London and dozens of law enforcement officials Glasgow, Scotland, lacked the bomb- and intelligence analysts from the making skills of the petty criminals Federal Bureau of Investigation, the who killed 56 people in the London London Metropolitan Police Service, Tube and bus bombings two years the Spanish Civil Guard and other before. Terrorism is a craft involv­ agencies. I complemented these ing its own particular set of skills and interviews with news reports, studies knowledge that practitioners must and court documents from criminal proceedings in Britain and Spain.

18 NIJ JourNal / Issue No. 265

While terrorists gain knowledge Afghanistan. The tradecraft needed proved a daunting task, requiring of their craft through formal study to succeed in urban terrorism in the the help of English-speaking res­ and practice, the method of diffusion West is not easily gained from train­ idents who knew the area. Not depends on the knowledge being ing in guerrilla warfare, even as coincidentally, those recruited to gained. Abstract technical knowl­ taught at the best al-Qaida camps. replace the duo, Mohammed Atta, edge, what the ancient Greeks called Marwan al Shehh and Ziad Jarrah, “techne,” can be codified in docu­ In fact, Islamic terrorists are often lived in Germany for years before ments and communicated in “small, short on métis; the experien­ joining al-Qaida. These “educated, explicit, logical steps.”2 Islamic tial knowledge needed to carry technical men … did not need to be terrorists gain the techne involved out attacks in local settings is far told how to live in the West;” they in bomb making and weapons han­ removed from their training sites. already knew how.4 Atta and his dling by reading manuals and other Even battle-hardened militants typi­ colleagues drew on their English- documents that provide detailed, cally develop their violent métis by speaking skills and experience from systematic instructions. Alternatively, taking part in one or more jihads living in Germany to perform satis­ they attend training camps where in Afghanistan, Bosnia, Chechnya, factory, if imperfect, tradecraft in experienced practitioners teach these Iraq or Kashmir. Militants’ combat the operation. clear, logical and deadly steps as part knowledge, however useful in those of their curriculum. This technical locales, is essentially limited to Unlike the Sept. 11 hijackers, knowledge is universal; it does not Mohammed Siddique Khan and his vary across local settings. Would-be co-conspirators in the 2005 London terrorists may gain abstract knowl­ bombings grew up in the country edge for carrying out attacks at a While terrorists gain they attacked. Their knowledge of training camp in Waziristan, Pakistan; British culture and society and their a farmhouse outside Madrid, Spain; knowledge of their craft natural command of English were or from an online training manual. instrumental in carrying out their sui­ through formal study and cide bombings. Two of the bombers, Not all knowledge can be gained in Khan and Shehzad Tanweer, received this manner. Practitioners of a spe­ practice, the method of training in Pakistan. Yet any techne cific tradecraft, such as medicine, diffusion depends on the they gained there merely comple­ law enforcement or terrorism, often mented the métis they already had rely on intuitive, practical knowledge, knowledge being gained. from living in Britain for so long. The what the Greeks called “métis.” London bombers drew on their local Practitioners develop métis gradu­ knowledge and experience to move ally, by engaging in the activity itself, around the country and get the explo­ rather than by formal study. Terrorists guerrilla warfare. Such métis does sive materials they needed without may learn the techne involved in not necessarily translate into effective being disrupted by law enforcement. building bombs, shooting weap­ urban terrorism in Western countries, ons and other activities by studying where success requires local knowl­ Similarly, the Madrid train bomb­ manuals or receiving formal instruc­ edge, street smarts and a talent for ers drew on their own métis, gained tion. However, to develop hands-on clandestine operations. from living in Spain for many years, to competence they must put the book carry out their attacks in 2004. Many down and practice. Practice may not The Sept. 11 attacks provide a conspirators, such as Jamal Ahmidan make perfect, but it does build skills. striking and diagnostic case. The and Serhane ben Abdelmajid Fakhet, To become a competent terrorist, one hijackers Nawaf al-Hazmi and Khalid were originally from North Africa. Yet must build bombs, fire guns or survey al-Mihdhar were veteran jihad­ they settled permanently in Madrid targets, gaining the practical “know­ ists who trained in Afghanistan and and were fluent in Spanish, which how” that is essential for carrying out fought in Bosnia. For all their train­ helped them prepare for the opera­ successful attacks. Unlike techne, ing and combat experience, both tion. Other key participants, including métis is not “settled knowledge”; it militants were unprepared for their José Emilio Suárez Trashorras, the varies across local contexts.3 What original roles as pilots in the oper­ former miner who provided access works in one location may not work ation. Renting an apartment in to the explosives, were natural born in another. Street smarts in London southern California, let alone learning citizens who had lived in Spain their are different from “cave smarts” in English and completing pilot training, entire lives.

Organizational Learning and Islamic Militancy | 19 NIJ JourNal / Issue No. 265

as the counterterrorism environment related research around them becomes increasingly vigilant. The reason is simple: Lack of practice leads to a lack of métis that number of NIJ-funded studies The study examined how certain in turn leads to mistakes that alert A have contributed to our under­ opportunities and skills contrib­ law enforcement officers can detect. standing of how terrorists learn: uted to terrorists’ ability to To remain below the radar of police commit crimes. In other cases, officers and suspicious neighbors, Brian Jackson led a team of RAND events or lack of skill prevented militants have adopted security- Corp. researchers who examined planned crimes. enhancing measures. They may how several terrorist groups gather information and develop tactical Other scholars have explored innovations in their attacks.5 The how terrorists train their sup­ study suggests that counterterror­ porters in the tactics and tech­ Terrorists’ chance of ism efforts become more effective niques of guerrilla warfare and as law enforcement officers assess terrorism.7 Combined with earlier exposure grows as and anticipate terrorists’ efforts to literature on terrorism contagion8 change how they operate. and recent scholarship on suicide the counterterrorism bombings,9 these studies are Mark Hamm drew on court docu­ helping us develop more effec­ environment around them ments from the American Terrorism tive counterterrorism policies Study and criminological literature and practices, providing clues to becomes increasingly on social learning to explore how short-circuit terrorists’ learning terrorists carry out violent attacks.6 process. vigilant. Lack of practice leads to mistakes that alert law enforcement Ahmidan, Trashorras and others the London and Madrid bombings had another critical source of métis: and other incidents. In recent years, officers can detect. criminal experience in drug traffick­ law enforcement and intelligence ing. Ahmidan was a veteran hashish officers in all three countries have and Ecstasy smuggler who had created a hostile environment for previously killed a man. Rafa Zouhier Islamic terrorists, intercepting their wait until the last day of training was an experienced drug dealer communications, arresting them before allowing students to fire their who provided Ahmidan the connec­ and disrupting their plots. Unlike weapons or detonate their bombs. tion to Trashorras, who had a history techne, which can be gained from These precautions help preserve of hashish trafficking. All of these knowledge-based artifacts, métis is security, but they do not allow par­ criminals drew on their contacts learned by doing. This presents mil­ ticipants to practice what they have and practical knowledge of drug itants with a dilemma. To develop learned. Yet gaining a feel or knack trafficking and explosives to play hands-on knowledge for carrying out for terrorism comes from repeated essential roles in the bombings. attacks, they must practice building practice and direct experience, not bombs, using firearms and perform­ from abstract knowledge codified in As in the United States after Sept. ing related activities. Yet in doing so, documents, no matter how detailed 11, today in Britain and Spain it has they expose themselves to potential their instructions and accurate their become increasingly difficult for surveillance and disruption by secu­ recipes. would-be terrorists to acquire the rity officials. métis they need to carry out attacks. Terrorists are not the only ones who Counterterrorism agencies have The most important lesson is that rely on their practical knowledge of cracked down on militants following terrorists’ chance of exposure grows local areas. Law enforcement officers

20 | Organizational Learning and Islamic Militancy NIJ JourNal / Issue No. 265

draw on their own métis, developed apartment, the gradual lightening of a these warning signs will make a valu­ from patrolling community beats, to young man’s hair color or apartment able contribution to counterterrorism identify and disrupt illicit activity. Law trash littered with empty contain­ in the months and years ahead. enforcement officers have detailed ers of hydrogen peroxide are subtle knowledge of local resources of inter­ signals. To the untrained eye these est to potential terrorists, including signs may not mean much, but to the Michael Kenney is assistant profes­ fertilizer suppliers, explosives man­ knowing observer they can provide sor of political science and public ufacturers and gun dealers. Their clues for identifying bomb-making policy in the School of Public Affairs, routine policing activities and their laboratories. Law enforcement offi­ Pennsylvania State University. contacts in the communities they cers who can recognize and act on NCJ 229887 serve also provide opportunities to note suspicious behavior among potential militants.10

For More Information Because they know when some- Terrorism studies was a topic at thing is amiss in the neighborhood, n Learn more at NIJ’s terrorism the 2009 NIJ Conference. To listen local law enforcement officers play Web page: http://www.ojp. to the panel go to: http://www.ojp. a critical role in counterterrorism. To usdoj.gov/nij/topics/crime/ usdoj.gov/nij/journals/media.htm. improve their skills, officers must be terrorism/welcome.htm. able to recognize the warning signs n Read an NIJ Journal article about Watch a short video of the author of terrorism-related surveillance and how domestic terrorists prepare other preparatory acts, such as build- discussing his findings at the annual for their attacks. See http://www. NIJ Conference: http://www.ojp.usdoj. ing explosives. Dead flowers outside ojp.usdoj.gov/nij/journals/260/ gov/nij/journals/media.htm. the covered window of an inner-city terrorist-behavior.htm.

notes K. Cragin, J.V. Parachini, and H.R. Trujillo, 8. Heyman, E., and E. Mickolus, 1. Kenney, M., Organizational Learning and Aptitude for Destruction, Volume 2: Case “Observations on Why Violence Islamic Militancy, final report submitted Studies of Organizational Learning in Spreads,” International Studies Quarterly to the National Institute of Justice, U.S. Five Terrorist Groups, Santa Monica, CA: 24 (2) (1980): 299-305; Russell, C.A., Department of Justice, Washington, DC: RAND Corp., 2005. L.J. Banker, Jr., and B.H. Miller, “Out- May 2009 (NCJ 226808), http://www. 6. Hamm, M.S., Crimes Committed by Inventing the Terrorist,” in Terrorism: ncjrs.gov/pdffiles1/nij/grants/226808.pdf. Terrorist Groups: Theory, Research, and Theory and Practice, ed. Y. Alexander, D. Carlton, and P. Wilkinson, Boulder: 2. Scott, J.C., Seeing Like a State: How Prevention, final report submitted to the National Institute of Justice, U.S. Westview, 1979: 3-42; R.T. Holden, “The Certain Schemes to Improve the Human Contagion of Aircraft Hijacking,” American Condition Have Failed, New Haven: Yale Department of Justice, Washington, DC: September 2005 (NCJ 211203), Journal of Sociology 91 (4) (1986): 874­ University Press, 1998: 320. See also 904; and Midlarsky, M.I., M. Crenshaw, Detienne, M., and J.P. Vernant, Cunning http://www.ncjrs.gov/pdffiles1/nij/ grants/211203.pdf. Also see Hamm, M.S., and F. Yoshida, “Why Violence Spreads: Intelligence in Greek Culture and Society, The Contagion of International Terrorism,” Sussex: The Harvester Press, 1978; Terrorism as Crime: From Oklahoma City to Al-Qaeda and Beyond, New York: New International Studies Quarterly 24 (2) and Nussbaum, M.C., The Fragility of (1980): 262-298. Goodness: Luck and Ethics in Greek York University Press, 2007. Tragedy and Philosophy, Cambridge: 7. Forest, J., ed., Teaching Terror: 9. Bloom, M., Dying to Kill: The Allure of Cambridge University Press, 1986. Knowledge Transfer in the Terrorist World, Suicide Terror, New York: Columbia University Press, 2005; Pape, R.A., Dying 3. Scott, Seeing Like a State, 312-315, 320. Lanham: Rowman & Littlefield, 2006; Forest, J., ed., The Making of a Terrorist: to Win: The Strategic Logic of Suicide 4. Wright, L., The Looming Tower: Al-Qaeda Recruitment, Training, and Root Causes, Terrorism, New York: Random House, and the Road to 9/11, New York: Alfred A. Volume Two: Training, Westport: Praeger 2005; Gambetta, D., ed., Making Sense Knopf, 2006: 309. Security International, 2006; Kenney, of Suicide Missions, expanded and 5. Jackson, B.A., J.C. Baker, K. Cragin, M., From Pablo to Osama: Trafficking updated edition, Oxford: Oxford University J. Parachini, H.R. Trujillo, and P. Chalk, and Terrorist Networks, Government Press, 2006. Aptitude for Destruction, Volume 1: Bureaucracies, and Competitive 10. Bayley, D.H., and D. Weisburd, “Cops Organizational Learning in Terrorist Adaptation, University Park: Pennsylvania and Spooks: The Role of the Police in Groups and Its Implications for Combating State University Press, 2007; Nesser, P., Counterterrorism,” in To Protect and to Terrorism, report prepared for the National “How Did Europe’s Global Jihadis Obtain Serve: Policing in an Age of Terrorism, ed. Institute of Justice, U.S. Department Training for Their Militant Causes?” D. Weisburd, T.E. Feucht, I Hakimi, L.F. of Justice, Washington, DC: 2005 (NCJ Terrorism and Political Violence 20 (2) Mock, and S. Perry, New York: Springer, 211208), http://www.rand.org/pubs/ (2008): 234-256; and A. Stenerson, 2009: 92. monographs/2005/RAND_MG331.pdf; “The Internet: A Virtual Training Camp?” and Jackson, B.A., J.C. Baker, P. Chalk, Terrorism and Political Violence 20 (2) (2008): 215-233.

Organizational Learning and Islamic Militancy | 21 Preventing Future Crime With Cognitive Behavioral Therapy by Patrick Clark

One form of psychotherapy stands out in the criminal justice system.

ognitive behavioral therapy justice settings, both in institutions reduces recidivism in both and in the community, and addresses Cjuveniles and adults. a host of problems associated with criminal behavior. For instance, in The therapy assumes that most most cognitive behavioral therapy people can become conscious of programs, offenders improve their their own thoughts and behaviors social skills, means-ends problem and then make positive changes to solving, critical reasoning, moral them. A person’s thoughts are often reasoning, cognitive style, self- the result of experience, and behavior control, impulse management is often influenced and prompted by and self-efficacy. these thoughts. In addition, thoughts may sometimes become distorted Recently, Mark Lipsey of Vanderbilt and fail to reflect reality accurately. University examined the effec­ tiveness of various approaches to Cognitive behavioral therapy has intervention with young offenders.1 been found to be effective with His review analyzed the results of juvenile and adult offenders; sub­ 548 studies from 1958 to 2002 stance abusing and violent offenders; that assessed intervention policies, and probationers, prisoners and parol­ practices and programs. ees. It is effective in various criminal

22 NIJ JourNal / Issue No. 265

Lipsey grouped evaluations into Perceptions Affect Behavior Cognitive Behavioral Therapy seven categories: Beliefs, attitudes and values affect and Criminal Offenders the way people think and how they n Counseling Landenberger and Lipsey found view problems. These beliefs can that even high-risk behavior did not n Deterrence distort the way a person views real­ reduce the therapy’s effectiveness. ity, interacts with other people and n Discipline For example, some of the greatest experiences everyday life. effects were among more serious n Multiple coordinated services offenders. It may be that the thera­ Cognitive behavioral therapy can help n Restorative programs py’s enabling, self-help approach is restructure distorted thinking and more effective in engaging typically n Skill building perception, which in turn changes resistant clients, that it increases their a person’s behavior for the better. n Surveillance participation and therefore the ben­ Characteristics of distorted thinking efits of participation. The therapy is When he combined and compared may include: more effective in reducing further the effects of these interventions, criminal behavior when clients simul­ n he found that those based on pun­ Immature or developmentally taneously receive other support, such ishment and deterrence appeared to arrested thoughts. as supervision, employment, educa­ increase criminal recidivism. On the n Poor problem solving and decision tion and training, and other mental other hand, therapeutic approaches making. health counseling. based on counseling, skill build­ n ing and multiple services had the An inability to consider the effects The cognitive behavioral therapy greatest impact in reducing further of one’s behavior. approach has recently been used criminal behavior. n An egocentric viewpoint with a in many prepackaged, brand name negative view or lack of trust in programs, such as “Reasoning Lipsey also examined the effec­ other people. and Rehabilitation,” “Aggression tiveness of various therapeutic Replacement Therapy,” “Thinking n interventions. In particular, he A hampered ability to reason and for Change” and others. The National compared different counseling accept blame for wrongdoing. Institute of Corrections recently and skill-building approaches. He n A mistaken belief of entitlement, found that cognitive behavioral skill- including an inability to delay building approaches were more gratification, confusing wants and effective in reducing further criminal needs, and ignoring the rights of Therapeutic approaches behavior than any other intervention. other people. based on counseling, n In a different research review, A tendency to act on impulse, Nana Landenberger and Lipsey including a lack of self-control skill building and multiple showed that programs based on and empathy. cognitive behavioral therapy are n An inability to manage feelings services had the greatest effective with juvenile and adult of anger. criminal offenders in various crimi­ impact in reducing n nal justice settings, including prison, The use of force and violence as residential, community probation a means to achieve goals. further criminal and parole.2 They examined research studies published from 1965 through Therapy can help a person address behavior. 2005 and found 58 that could be and change these unproductive and detrimental beliefs, views and included in their review and analysis. 3 The researchers found that cogni­ thoughts. tive behavioral therapy significantly reduced recidivism even among high-risk offenders.

Preventing Future Crime With Cognitive Behavioral Therapy | 23 NIJ JourNal / Issue No. 265

published a thorough and comprehen­ notes sive review of cognitive behavioral 1. Lipsey, M.W., “The Primary Factors That therapy, which provides detailed Characterize Effective Interventions With descriptions of these and other pro­ Juvenile Offenders: A meta-analytic over­ 4 view,” Victims and Offenders 4 (2009): grams. Interestingly, although the 124-147. Landenberger and Lipsey review 2. Landenberger, N.A., and M. Lipsey, “The showed these programs were effec­ Positive Effects of Cognitive-behavioral tive, no single program was superior Programs for Offenders: A Meta-analysis of Factors Associated With Effective in reducing recidivism. Treatment,” Journal of Experimental Criminology, 1 (2005): 451-476. More research is needed to deter­ 3. Yochelson, S., and S.E. Samenow, The mine if it would be effective for Criminal Personality, Volume I: A Profile for Change, New York: Jason Aronson, offenders to receive cognitive behav­ 1976; and Walters, G., The Criminal ioral therapy earlier in their criminal Lifestyle: Patterns of Serious Criminal careers or as part of early interven­ Conduct, Newbury Park, Calif.: Sage tion or parenting training programs. Publications, 1990. 4. Milkman, H., and K. Wanberg, Cognitive- Behavioral Treatment: A Review and Discussion for Correction Professionals, Patrick Clark is a Social Science Washington, DC: U.S. Department of Justice, National Institute of Corrections, Analyst with NIJ's Crime Control and 2007, http://nicic.gov/Library/021657. Prevention Division. NCJ 229888

24 | Preventing Future Crime With Cognitive Behavioral Therapy NIJ JourNal / Issue No. 265

What is CBT?

ognitive behavioral therapy Cis a treatment that focuses on patterns of thinking and the beliefs, attitudes and values that underlie thinking. CBT has only recently come into prominence as one of the few approaches to psychotherapy that has been broadly validated with research, although it has been used in psy­ chological therapy for more than 40 years. It is reliably effective with a wide variety of personal readiness for change and foster consistent in modeling and problems and behaviors, includ­ engagement in that change. A will­ expressing the pro-social ing those important to criminal ingness to change is necessary for attitudes and behaviors, moral justice, such as substance abuse CBT or any other treatment to be values and reasoning that are and anti-social, aggressive, delin­ effective in reducing further criminal often part of CBT with criminal quent and criminal behavior. behavior. offenders.

Unlike other approaches to psy­ Brand name programs often limit Positive findings from research chotherapy, CBT places responsi­ clients to 20-30 sessions, lasting on CBT are common. Over the bility in the hands of clients while over a period of up to 20 weeks. The years, studies have shown the supplying them with the tools to more treatment provided or the more therapy is effective with various solve their problems, focusing on sessions participants attend over problems, including mood dis­ the present rather than the past. time, the greater the impact on and orders, anxiety and personality People taking part in CBT learn decrease in recidivism. and behavioral disorders. Unlike specific skills that can be used to other traditional and popular solve the problems they confront The typical CBT program is provided therapies, CBT has been the all the time as well as skills they by trained professionals or parapro­ subject of more than 400 clini­ can use to achieve legitimate fessionals. Training for non-therapist cal trials involving a broad range goals and objectives. CBT first group facilitators often involves 40 of conditions and populations. It concentrates on developing skills hours or more of specialized les­ has successfully addressed many to recognize distorted or unrealis­ sons and skill building. Licensed and issues experienced by children, tic thinking when it happens, and certified therapists are often part of including disruptive or noncom­ then to changing that thinking or cognitive programs, especially those pliant behavior, aggressiveness, belief to mollify or eliminate prob­ involving individual counseling. oppositional defiant disorder lematic behavior. and attention deficit hyperactiv­ Characteristics of the counselor ity disorder. For adults, CBT has The programs, often offered in are important to a program’s been shown to help with marital small group settings, incorporate effectiveness. Counselor honesty, problems, sexual dysfunction, lessons and exercises involving empathy and sensitivity are helpful depression, mood disorders and role play, modeling or demon­ traits. Support and encouragement, substance abuse. It has also strations. Individual counseling partnership or alliance, and accep­ been shown to be as useful as sessions are often part of CBT. tance are necessary in establishing antidepressant medication for Clients are given homework and effective rapport, which is especially individuals with depression and conduct experiments between important in CBT because counsel­ appears to be superior to medica­ sessions. These components are ors often take on the role of coach. tion in preventing relapses. used to gauge the individual’s It is important that counselors be

Preventing Future Crime With Cognitive Behavioral Therapy | 25 The Long View of Crime by Pat Kaufman

Information collected over time provides valuable insight into criminal behavior.

any findings of longitudi­ between a panoramic view and a nal studies run counter snapshot. The wide-angle lens of lon­ Mto long-held beliefs about gitudinal research is a powerful tool adolescent offending. for sorting out some of the chicken- and-egg, “which came first” issues For a new edited volume, criminol­ at the heart of criminal research. ogist Akiva Liberman assembled an impressive group of scholars Street Gangs: to present conclusions from more Why Do Gang Members than 60 studies on crime and delin­ Commit Crime? quency in adolescence. He collected their essays into a book titled The No one disputes that gang members Long View of Crime: A Synthesis of commit more crime than nonmem­ Longitudinal Research. Many of the bers. Two schools of thought have findings challenge the conventional emerged to explain why the crime wisdom and could have significant rate is higher among gang members. implications for future policy and One theory, the “selection model,” practice. suggests that adolescents who are already predisposed toward Longitudinal studies, which follow delinquency and violence are the people for extended periods, are ones most likely to join gangs. The valuable because they provide infor­ opposing theory, the “facilitation mation about offending behavior over model,” assumes that gang mem­ time. By contrast, cross-sectional bers are no more disposed toward studies provide information about one delinquency and violence than others particular period. It is the difference are and would not contribute to 26 NIJ JourNal / Issue No. 265

The wide-angle lens of higher crime rates if they did not longitudinal research is a the expected deterrent effect. On join a gang. However, when they release, most offenders return to do join a gang, peer pressures pro­ powerful tool for sorting the same risky environment that mote their increased involvement influenced their delinquency. They in delinquency. out some of the chicken- already have a well-established his­ tory of offending before their first Some longitudinal studies have tested and-egg, “which came arrest, and some offenders have these two competing approaches, and psychological characteristics that the uniformity of results is impres­ first” issues at the heart decrease their susceptibility to influ­ sive. The studies show no evidence ence from a prior arrest. to support a pure selection model. of criminal research. The weight of the evidence favors The findings from these studies the facilitation model, suggesting challenge some deeply entrenched that street gangs promote delinquent should deter or even end offending notions about the deterrent effect behavior. A corollary finding that fur­ behavior because it makes offend­ of arrest and sanctions on offending ther supports the facilitation model is ers understand that their behavior adolescents. More longitudinal stud­ that delinquency (except that related is socially disapproved of and that ies that employ samples from general to drug sales) typically declines after they could be arrested again if they populations and examine different the member leaves the gang. do not reform. The opposite view is kinds of offenders (e.g., classified that arrest increases offending behav­ by age, sex, social class or stage Longitudinal studies have exposed ior because arrestees begin to view of delinquent career) are needed some other possible misconcep­ themselves as bad people, which to inform policy discussions about tions about gang-related behavior. leads them to continue committing the possible benefit of more lenient Several factors thought to be associ­ crimes. A similar debate rages about interventions. ated with gang membership, such as the deterrent effect of sanctions that family poverty, family structure, low might be imposed after arrest, such Hard Work: How Does self-esteem and neighborhood crime, as fines, community service, making Adolescent employment were not supported by the empiri­ restitution, attending treatment pro­ cal evidence. Studies show that gang grams or imprisonment. Affect Offending? membership in “emerging gang” Employment has long been viewed cities is transitory, typically lasting The data from longitudinal studies as a solution to the problems of no more than a year. Traditional gang on this question are robust and con­ crime and delinquency. However, cities such as LA and Chicago were sistent. More than a dozen studies studies have shown that the relation­ not included in the set of longitudinal found that people who have been ship between work and crime is far studies and their gangs may function arrested are at least as likely to be more complex than originally thought. differently, with reports of long- arrested in the future as those who Longitudinal studies now show that duration and multigenerational gang have not. Thus, rather than being employment effects are likely to membership. a deterrent, arrest resulted in simi­ depend on the age of the person, lar or higher rates of later offending. and the importance of work varies These findings could have important Fourteen studies that examined the for different groups (e.g., at-risk ado­ implications for designing gang pre­ effect of sanctions uniformly found lescents as opposed to older former vention and intervention programs. that sanctions either had no effect offenders) at different life stages. Delinquent behavior may stem more on or increased later offending. from gang membership than from Interestingly, as the severity of sanc­ One firmly fixed finding over the any delinquent leanings of the gang tions increased, later offending was years has been that intensive work members themselves. flat or increased. In addition, several by adolescents (i.e., 20 or more studies have suggested that arrest hours per week) increases delin­ Arrest and Sanctions: and sanctions have a negative effect quent behavior. Researchers believed Do They Deter Delinquency on later employment and increase that intensive work made youths juveniles’ chances of becoming high or Make it Worse? less engaged in school, less super­ school dropouts. vised by their parents and more likely Two conflicting views have emerged to meet delinquent peers. However, about the effect of arrest on delin­ Several factors may help to explain even this formerly secure belief quent offenders. One is that arrest why arrest and sanctions do not have has been challenged by recent

The Long View of Crime | 27 NIJ JourNal / Issue No. 265

longitudinal studies. They suggest first must come to view their deviant Recent longitudinal studies have also that sample selection — that is, the lifestyles as undesirable. Only then examined the “parenthood effect.” characteristics of the adolescents can they embrace role transitions that Many theorists have expected a studied — may have skewed the find­ will create conventional lifestyles. negative effect from parenthood on ings. Perhaps adolescents who work crime, either because new parents intensively were already poor stu­ become invested in their children or, dents, unsupervised at home and as with the marriage effect, because prone to harmful behavior and were Of all the role transitions the demands of parenthood reduce therefore likely to be delinquent even unstructured socializing. However, without work. examined, marriage the few studies that have looked at this role transition have not found that Longitudinal studies also show that most effectively and having children reduces offending. employment quality may be more Although people intentionally enter important for crime reduction than consistently reduces marriage, the same is not always the simple presence or absence of a true of parenthood. job. Those at high risk for crime have deviance. many opportunities to earn money The Long View Ahead illegally. Recent longitudinal studies on adolescent employment and delin­ Of all the role transitions examined, Many of the longitudinal studies quency suggest the old rules about marriage most effectively and consis­ described in The Long View of Crime how jobs affect delinquency may be tently reduces deviance. What is shed new light on or even skewer too simplistic. not yet clear is why this is so. Citing time-honored criminological theo­ one study that showed that mar­ ries. These findings may provide an riages to criminal spouses might Growing Up: Does Moving impetus for further analysis of exist­ increase offending, some have ques­ ing data. They may also spark a new to Adult roles Affect tioned whether the strength of the wave of longitudinal studies that Delinquent Behavior? marital bond is as important as the incorporate both advances in statisti­ spouses’ own characteristics and One observation that has stood the cal methods and innovative designs. conventionality. test of time is that the prevalence Structuring longitudinal studies to of criminal offenses rises during advance knowledge about the causes Because studies show that marriage adolescence and decreases in the of delinquency could lead to a clearer reduces offending, one might expect understanding of the explanation, pre­ early twenties. This age-related crime to see a similar effect from stable curve has led researchers to exam­ vention and treatment of offending romantic partnerships. However, ine the transition to adult roles, such and antisocial behavior and more studies have found exactly the oppo­ as marriage, cohabitation and parent­ targeted policies to address them. site: Individuals commit more crimes hood, as a potential explanation while living with romantic partners. for giving up delinquent ways. One study suggests that this might Theories abound about why taking Pat Kaufman is a freelance writer and be because adults who were delin­ on adult roles might reduce offend­ frequent contributor to the NIJ Journal. quent youths choose antisocial ing. Some suggest the transitions romantic partners, which contributes themselves are the cause for to continued offending in young NCJ 229889 the change in offending behavior adulthood. because they reorganize adolescents’ lives in ways that limit unstructured socializing (i.e., time hanging out with deviant friends). Others postulate that a “cognitive shift” that precedes the transition, rather than the transition For More Information itself, causes the change in offend- n Liberman, A.M., The Long View of Crime: A Synthesis of Longitudinal ing. They theorize that adolescents Research, Washington, D.C.: Springer, 2008.

28 | The Long View of Crime The National Institute of Justice is the research, development and evaluation agency of the U.S. Department of Justice. NIJ’s mission is to advance scientific research, development and evaluation to enhance the administration of justice and public safety.

The National Institute of Justice is a com­ ponent of the Office of Justice Programs, which also includes the Bureau of Justice Assistance; the Bureau of Justice Statistics; the Community Capacity Development Office; the Office for Victims of Crime; the Office of Juvenile Justice and Delinquency Prevention; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART).

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