Law and Human Behavior, Vol 47(2), Apr 2023, 320-332; doi:10.1037/lhb0000528
Objective: This hypothetical vignette-based experiment was designed to better understand judges’ and probation officers’ interpretations and use of juvenile risk assessment tools in their decision-making around restrictive sanctions and confinement of youths on the basis of the youths’ risk level and race. Hypotheses: We expected that estimates of the probability of juvenile recidivism would significantly mediate the relationship between a categorical risk descriptor and decisions regarding the ordering confinement of youths. We also hypothesized that youths’ race would serve as a significant moderator in the model. Method: Judicial and probation staff (N = 309) read a two-part vignette about a youth who was arrested for the first time; in this vignette, race (Black, White) and risk level (low, moderate, high, very high) of the youth were varied. Participants were asked to estimate the likelihood that the youth would recidivate in the following year and their likelihood of ordering or recommending residential placement. Results: Although we found no simple, significant relationship between risk level and confinement decisions, judicial and probation staff estimated higher likelihoods of recidivism as risk-level categories increased and ordered out-of-home placements at increased rates as their estimations of the youth’s likelihood of recidivation increased. The youth’s race did not moderate the model. Conclusion: The greater the probability of recidivism, the more likely each judge or probation officer was to order or recommend out-of-home placement. However, importantly, legal decisionmakers appeared to apply categorical risk assessment data to their confinement decisions using their own interpretations of risk category rather than being guided empirically on the basis of risk-level categories. (PsycInfo Database Record (c) 2023 APA, all rights reserved)