Advanced Risk Assessment (pt 2)

Advanced Risk Assessment (pt 2) Kemshall, H., Mackenzie, G., Wilkinson, B., (2011) Risk of Harm Guidance and Training Resource CD Rom, De Montfort University

Interpersonal Harm & Arson • Hate crimes • Violent Street gangs • Stalking and Harassment • Threats to KillDomestic Abuse • Arson Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Hate Crimes • Offence characteristics: offence against person or property motivated/aggravated by prejudice • Race, colour, ethnic origin, nationality or national origins; • Religion; • Gender or gender identity; • Sexual orientation; or • Disability. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Hate Crime Takes Many Forms • Physical attacks – physical assault, damage to property, offensive graffiti, neighbour disputes and arson; • Threat of attack – including offensive letters, abusive or obscene telephone calls, groups hanging around to intimidate and unfounded, malicious complaints; and • Verbal abuse or insults - offensive leaflets and posters, abusive gestures, dumping of rubbish outside homes or through letterboxes, and bullying at school or in the workplace. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Home Office Definition • “Any incident, which constitutes a criminal offence, which is perceived by the victim or any other person as being motivated by prejudice or hate.” (Crime and Victims: Hate Crime Home office 2010) Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

A Typology • The ‘Thrill Seekers’. • ‘attracted’ to the offending because of the thrill/ buzz it provides. • influenced by a wider peer group and will ‘tag along’, often getting drawn into violence without any regard to the victim. • activities are territorial rather than racist even though the victim’s experience will impact the same. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

A Typology contd. • The ‘Reactive/Defensive Offenders’. Usually older, frequently with few previous criminal convictions, have a sense of grievance and believe that they are acting to protect a perceived threat to their way of life. • Have a sense of due entitlement and look on any service provision to Black people or newcomers (asylum seekers/ refugees/ immigrants) as preferential treatment. • Offences frequently occur when alcohol is abused and victims can be minority ethnic neighbours, shop staff, local authority workers and police. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

A Typology contd. • The ‘Retaliatory Offender’. • An offender who reacts to the racial aggression he receives and ‘hits’ back. His or her offending is race related and needs addressing but is motivated by a desire to get even and ‘retaliate’. A focus on developing a more robust racial identity is often an effective intervention. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

A Typology contd. • The ‘Mission Offenders’. • The offending of this group is premeditated and targeted. • Often inspired by a ‘higher order’, they may have mental health problems. (The nail bomber?) • ‘politically motivated offenders’, i.e. British National Party or National Front activists, IRA, domestic extremists and radical extremists. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Dynamic Risk Factors • Poor problem solving. • Cognitive Deficits. • Distorted Victim perspective. • Predisposition to Violence as a means of conflict resolution. • Conflict of an individual’s cultural identity. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Dynamic Risk Factors contd • A perception of territorial invasion. • A distorted world view. • Individuals draw on the social support in perpetrator communities. • The erosion of traditional characteristics associated with gender identity. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Possible Interventions • Cognitive behavioural programmes, particularly the Priestley ‘One-to-One: Use with Racially Motivated Offenders’. However, CBT programmes with extreme and entrenched perpetrators have limited, if any effect. • Interventions need to engage with the emotions and beliefs of perpetrators as well as thinking patterns and behaviours. Hate crime is essentially defined by the emotions and beliefs the perpetrator brings to the act. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Interventions contd. • Restorative justice approaches such as offender-victim mediation have been advocated [Shenk, A. H. (2001) Victim-Offender Mediation: The Road to Repairing Hate Crime Injustice. Ohio State Journal on Dispute Resolution, Reproduced in: Barbara Perry (2003) Hate and Bias Crime: A Reader. London: Routledge, pp: 439-454.) • Mediation must be used with care to avoid re-victimisation and is probably best targeted at perpetrators motivated by either ‘thrill-seeking’, or ‘defensive’ actions. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Violent Street Gangs Two complementary definitions • Hallsworth & Young identify 3 types of gang culture & activity Peer Groups: relatively small, unorganized and transient entities that come together in public places. Delinquency and criminal activity are not integral to such a group’s identity or practice. Offending is periodic, spontaneous, intermittent and opportunistic. Offences are often low-level nuisance or anti-social with little or nor no engagement in serious assault or acquisitive crime. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Peer Groups, Street Gangsand Organised Crime Groups • Street Gangs: relatively durable, street-based groups who see themselves and are seen by others as a group for whom crime and violence are essential to group practice and solidarity. Crime, especially violent crime, is instrumental as well as expressive, as it involves a distinctive form of culture and masculinity. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Peer Groups, Street Gangsand Organised Crime Groups contd. • Organised Crime Groups: composed principally of individuals for whom involvement in criminal activity is an occupation and a business venture. In economic terms organized crime groups exercise disproportionate control over the illegal means and forces of crime production. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

MMAGS More Specific Definition • MMAGS = Manchester Multi-Agency Gang Strategy • A gang: a group of three or more people who have a distinct identity (e.g. a name or badge/emblem) and commit general criminal or anti-social behaviour as part of that identity. This group uses (or is reasonably suspected of using) firearms, or the threat of firearms when carrying out these offences. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

MMAGS Definition contd. • A gang member: someone who has identified themselves as being a member of a gang (as above), e.g. through verbal statements, tattoos, correspondence or graffiti. This identity is corroborated by police, partner agencies or community information. • A gang associate: someone who offends with gang members (as above); or who is associated – by police partner agencies or community information– with gang members. It also includes someone who has displayed, through conduct or behaviour, a specific desire or intent to become a member of a gang. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

MMAGS Definition contd. • A gang associate: someone who offends with gang members (as above); or who is associated – by police partner agencies or community information– with gang members. It also includes someone who has displayed, through conduct or behaviour, a specific desire or intent to become a member of a gang. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Risk Management & Multi-Agency Work are Inextricable. • Good risk management practice and strong multi-agency strategy and operations are interdependent. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Inextricable because gang violence requires… • A multi-layered approach, • Clear strategies, • Committed inter-agency work, • Effective links with local communities, • Effective links with prisons, and • Strong leadership at all levels. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Possible Interventions • Targeted work with gang members, including work in prisons and young offender institutions with convicted gang members and those who are moving through the criminal justice system; • The use of mediation and transformation services; • Programmes that young people can voluntarily engage with; • The provision of information directly to gang members, their families, communities and professionals; and • Rehousing gang members who are at risk. (Tackling Gangs – a practical guide) Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Females & Gangs Possible roles identified in ‘Tackling Gangs –a practical guide’ • Perpetrators: participating in gang violence alongside male gang members; • Victims: partners, sisters and mothers can been targeted by gangs. For example, if a debt is owed to a gang, women who are associated with the debtor may be targeted to pressure the debtor to pay up. Women associated with rival gangs can also be targeted with violence (including rape); and • Associates: partners, sisters and mothers might be involved with hiding drugs and weapons, washing blood-covered clothing, etc. Even where they have no formal involvement, partners can serve to ‘glamourise’ gang members, and to put pressure on them to provide the material wealth associated with criminal behaviour. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Women & Gangs contd. • (Some probation practitioners have reported a particularly high level of domestic and sexual abuse of females within gang culture.) • Yet women can also play a role in supporting gang members to leave gangs – peer and parental pressure can be a key tool in persuading gang members to change their lives. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Gangs – A Probation Guide to multi-agency dynamic and responsive risk management • Gives direction and advice to managers and practitioners on the range of components essential to the effective risk management of gang members. The Guide covers staff safety, offender safety, case records, the role of middle/ senior and offender managers as well as risk assessment/ management. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Stalking & Harassment • Legislation • Protection from Harassment Act 1997 introduced Harassment, Fear of Violence and Restraining Orders. • Additional legislation has added to & refined the law. (see CPS website) Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Harassment Not defined in the act except that • It includes causing the victim alarm or distress. • It must consist of a course of conduct. (conduct on more than one occasion, but the conduct need not be the same on each occasion. (Conduct can include speech) There is a requirement that the offender (or offenders) knows, or ought to know, that the course of conduct amounts to harassment of the other. It may be directed against 2 or more. Can take place in victim’s home. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Fear of Violence An offence is committed if • The fear of violence was caused by a course of conduct, and • The alleged offender knows, or ought to know, that the course of conduct will cause the other to fear violence. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Restraining Orders • On conviction, prohibiting the defendant from doing anything described in the order, for the purpose of protecting the victim from further harassment or fear of violence • Such an order can be useful in preventing an offender from continuing to harass whilst in prison or on release. (See CPS Guidance) Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

What is Stalking? No agreed definition. Key academics suggest • “.. a constellation of behaviours in which one individual inflicts on another repeated unwanted intrusions and communications’. The intrusions are characterised as ‘following, loitering nearby, maintaining surveillance and making approaches’ and the communications via ‘letter, the telephone, electronic mail, graffiti or notes attached, for example, to the victim’s car.” Mullen, P., Pathé, M. and Purcell, R. (2000) Stalkers and their Victims, Cambridge University Press, page 7. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Classifications:Sheridan • Ex-partner Harassment – bitterness/hate linked to the past relationship; new relationships engender jealousy and aggressive behaviour; abuse of family and friends (verbal and physical); high levels of physical violence • Infatuation Harassment – target is ‘beloved’ rather than ‘victim’; world events interpreted in relation to beloved; Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Sheridan Classification contd. • Delusional Fixation Stalking – high risk of violence and sexual assault; perpetrator likely to be known to police and mental health professionals; • Sadistic Stalking -communications are blend of loving and threatening (not hate); progressive escalation of control over all aspects of victim’s life Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Mullen, Pathe & Purcell Classification • The rejected stalker, who has had a relationship with the victim and who is often characterised by a mixture of revenge and desire for reconciliation. • The stalker seeking intimacy • The incompetent stalker – usually intellectually limited & socially incompetent. • The resentful stalker who seeks to frighten and distress the victim. • The predatory stalker who is preparing a sexual attack. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Risk Factors for Escalating to Violence General Factors • Criminal history, especially sexual or violent. • Abuse of alcohol and/or drugs. • Unemployment. • Social isolation. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Specific Factors suggested by Mullen, Pathe & Purcell • Making threats. • Having a personality disorder. • Pursuing an ex-intimate (but don’t forget that violence against strangers being stalked does take place and that the ‘stranger’ category includes dangerous predatory stalkers). • Having high levels of anger directed at the victim. • Having an intense sense of entitlement. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Specific Factors contd. • Fantasizing about assault (usually sexual). • Planning for an attack. • Having a facility with violence (including interest in and access to guns). Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Delusional Paranoid Disorders • Stalkers with a major mental illness are less likely to assault a victim than those without a psychotic illness but Mullen, Pathé & Purcell emphasise that those suffering from a delusional paranoid disorder constitute a tiny but potentially highly dangerous exception. Within this group are those suffering from delusional or morbid jealousy and erotomanias, (pathological beliefs of being loved). Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Threats to Kill The Law Section 16 of the Offences Against the Person Act 1861 states that 'A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding ten years.' Yet • Threats to Kill are commonplace. • Should they be taken seriously? Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Some Research Findings L. J. Warren et al, Cambridge Journal of Psychological Medicine, Issue 4 2007 (an Australian study) found:- In contrast to the claims in the literature that threats are not predictive of subsequent violence, this study revealed high rates of assault and even homicide following threats to kill. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Australian Findings contd • The mentally disordered were over-represented among threat offenders and among those at high risk of subsequent violence. • The mentally disordered threateners at highest risk of violence were young, substance abusing, but not necessarily with prior convictions. • Those who threaten others were also found to be at greater risk of killing themselves or being killed.' Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

'Death Threats and Violence'Stephen, J. Morewitz (2008, USA study) Found motivations varied e.g. Specific Agenda e.g. trying to ensure sexual availability, preventing the victim from leaving a relationship, paying 'protection' money, persuading a victim to move away A Reflection Of The Powerlessness/Inadequacy of the perpetrator i.e. the victims social characteristics may seem to threaten the perpetrator's identity, values or beliefs. The Product Of An Inability To Function because of mental illness, Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Variety in Communicating Threat • A threat made in anger is not necessarily more likely to be carried out than one made calmly or casually. • Threats can be veiled or ambiguous. • Advance clues and signals may be given; notes, poems, video, the destruction of a picture or property associated with the victim. • Threats can be made when not in the victims presence via film, photo, a social network site, email and messages/mail may sent to or left at the victim's home or workplace. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Both Studies found that • Making Threats to kill increases the likelihood of a violent, even murderous outcome Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Issues for Practitioners • Especially in cases of Domestic Abuse, Stalking, Harassment, Hate Crime have sufficient enquiries been made to find out whether threats to kill have been a feature of the behaviour. • What does the nature and manner of delivery of the threat tell us about the offender's thinking, mental state, and strength of intent? Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Issues contd. • What is the motivation behind the threat? Is it, for example, fuelled by strong overflowing emotion or is it more instrumental, more a calculated way of achieving a goal/purpose? This may provide clues as to how impulsive the offender might be and as to how the risk might be managed. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Issues contd. • Does the offender have any of the characteristics outlined in the research & if so, could their presence increase the likelihood of violence? • If evidence of threats to kill has not increased the risk level in the assessment, are the reasons for not increasing defensible? Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Safely Locked Away? • Is the intended victim being threatened by messages carried by others, or by covert messages contained in apparently straightforward letters? All information that suggests a prisoner has or will threaten to kill someone or which adds detail to a known threat to kill must be passed on. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

And Finally • The offender has made a threat to kill. Above all, make sure you answer 'yes' to these questions: • Have I investigated and assessed the threats? • Have I shared them with relevant managers, other agencies and disciplines? • HAVE I TAKEN IT SERIOUSLY? Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Domestic Abuse • ‘any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of engender or sexuality.’ Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Forced Marriage • Is included in the definition • Guidance to professionals is issued in The Legal Handbook on Forced Marriage which covers the work of the police, Social Services, the Criminal Justice System, etc. Kemshall, H., Mackenzie, G. & Wilkinson, B. (2011) Risk of Harm Guidance and Training Resources CD ROM. De Montfort University

Advanced Risk Assessment (pt 2)