Professional Documents
Culture Documents
Haapanen 2007
Haapanen 2007
Volume 53 Number 1
January 2007 133-155
© 2007 Sage Publications
Persistent Criminality 10.1177/0011128706294443
http://cad.sagepub.com
and Career Length hosted at
http://online.sagepub.com
Rudy Haapanen
Lee Britton
Tim Croisdale
Juvenile Research Branch
California Department of Corrections and Rehabilitation
This study is an examination of persistent offending and its implications for the
understanding and investigation of desistance and career length. Persistence,
especially as it is operationalized using official measures, is characterized as
fundamentally a measure of resistance to formal social control: continued
crime in the face of increasingly severe sanctions. This conceptualization is
used to explain findings from a longitudinal analysis of arrests for individuals
released from California Youth Authority (CYA) institutions. Findings indicate
long and extensive careers and characteristic declines with age but also con-
siderable variation. This variation, which can be explained by resistance to
formal social control, complicates the study of career length. Finally, results
indicate a strong crime reduction effect of criminal justice interventions, both
for the CYA and for later prison terms, if any. These results are discussed in
terms of their implications for understanding and studying career length among
serious, persistent offenders.
Authors’ Note: The points of view presented in this article are those of the authors and do not
necessarily represent the official position of the California Department of Corrections and
Rehabilitation.
133
offending implies criminal behavior that is more than just a momentary lapse
in judgment and therefore provides a fertile ground for studying the factors
that may influence the breadth, depth, and length of criminal careers.
Contemporary criminology has taken a special interest in persistent
offenders because their control appears to hold great promise for crime reduc-
tion and because they may help us to understand the factors underlying crime
in general. Whether theories focus on external factors that cause individuals
to commit crimes or on differences among people that differentially predis-
pose them to criminal behavior, the study of the most active and persistent
offenders should, so the logic goes, help us to identify those factors or char-
acteristics that have the greatest influence on criminal behavior and career
length. This article explores a particular characteristic, resistance to social
control, that appears to differentiate persistent offenders from those whose
criminality is short lived or relatively minor. The intent is not to add another
dimension to the thinking on persistent criminality but rather to emphasize a
factor that has been generally recognized for some time. This factor, however,
complicates both the understanding and empirical investigation of career
length and persistent offending.
A great deal of recent research has focused on differences between per-
sistent offenders and other offenders (Elliott, 1994; Gottfredson & Hirschi,
1990; Listwan, 2001; Loeber & Farrington, 1998; Moffitt, 1993; Nagin &
Farrington, 1992a, 1992b; Nagin & Paternoster, 1991; White, Moffitt, Earls,
Robins, & Silva, 1990). This research, and currently popular characteriza-
tions of persistent offenders (Caspi et al., 1994; Gottfredson & Hirschi, 1990;
Moffitt, 1993), point to both a higher tendency to act impulsively and a lower
ability to restrain that behavior in response to internal or external constraints.
Although a general indifference to rules and external controls is implied in
these criminological theories, there is no explicit discussion of differences in
response to correctional efforts. Thus, these characterizations generally do
not speak directly to one critical defining characteristic of the most persistent
offenders: their resistance to those interventions and punishments meted out
by the criminal justice system—and by family, friends, school officials, and
employers—in direct response to their criminal behavior.
This article starts by observing that persistence, as it is operationally
defined in research, is fundamentally a measure of resistance to (formal)
social control. Arrests indicate not only criminal behavior that has been
detected by law enforcement but also interventions. Repeated arrests indicate
repeated failure to desist in spite of whatever sanctions are imposed.
Furthermore, arrests come to indicate this kind of resistance more and more
as the number of arrests goes up because sanction severity typically increases
with increasing numbers of arrests. The more persistent an offender is, the
more that persistence is an indicator of resistance.
We will then turn to a discussion of the implications of this view for
research on criminal careers, in general, and career length, in particular.
This resistance to sanctions is one aspect of a broader resistance to social con-
trol that has implications for career length, for research on patterns of crime
among persistent offenders, and for rehabilitation of these offenders. Because
acceptance of social control is fundamental to all prosocial lifestyles, persis-
tent offenders are seriously unsuited to conventional lifestyles, making overall
prognosis poor and the likelihood of continued criminal behavior relatively
high throughout the life span. In this view, persistent criminality is not so
much about being criminal as it is about not being noncriminal. But trajecto-
ries based on this principle can be expected to be unstable and unpredictable,
relatively free from the stabilizing effects of social control. These trajectories,
however, are not free from the normal decline associated with age nor from
the suppressant effect of the criminal justice system. Although complete
desistance (that career-ending point that defines career length) may never be
reached, the overall expected level of criminal behavior will decline to a point
where it approaches zero. These patterns will be illustrated using data from a
long-term follow-up of serious juvenile offenders released from California
Youth Authority (CYA) institutions during the past two decades.
an arrest may not lead to any intervention beyond the arrest itself. Indeed, for
juveniles especially, arrests occur in the context of a broad social system of
formal and informal interventions intended to curb troublesome behavior and
encourage the development of prosocial lifestyles. Typically, arrests of juve-
niles start the formal processes that evaluate the informal processes and lead
to a recommendation about the need for intervention backed by the juvenile
court. As a general rule, serious offenses are taken as indicators that informal
social controls have failed and that formal intervention is required. Serious
crimes also suggest a level of dangerousness and sophistication that call for
measures to protect the public. For less serious offenses, however, there is
more leeway to craft interventions in an attempt to best meet the needs of juve-
nile offenders, their families, and their victims. Probation departments and
juvenile courts are generally expected to support informal efforts of family and
schools and to intervene as little as possible to effect the desired changes in
behavior. The type and intensity of these decisions have been shown to be
affected by the sex of the offender, the philosophy of the particular court, the
seriousness of the offense, prior record, and the juvenile’s response to earlier
efforts (Cohen & Kluegel, 1979).
associated with their second or third arrest, it is likely they will offend again
(Farrington, 1992; Gottfredson & Hirschi, 1990).
Those offenders whose behavior is not corrected are subject to the next
level of intervention. Youth who commit serious and violent crimes may be
moved quickly to the most severe interventions, but even the chronic light-
weights will generally experience increasingly severe penalties as they con-
tinue to be arrested. These increasing consequences are meant to deter and to
pressure young offenders to participate in rehabilitative efforts, which may
also increase in intensity. Along this path, however, juvenile justice agencies
probably run out of treatment options (at least increasingly intensive ones)
long before they run out of punishment or sanction options. Furthermore, the
recipient may also experience any intensive treatment, which requires ongo-
ing commitment and hard work, as punitive.
Young offenders committed to secure institutions, such as those operated
by the CYA,3 are extreme resisters. They tend to have very long histories of
intervention at many levels. The average number of arrest charges for CYA
commitments is around 10.4 These youth tend to be well known to the
youth-serving and social service agencies in their communities and to the
police and probation departments (Richardson, 2001). Indeed, repeated
failure to respond to outside interventions is a clear and consistent charac-
teristic of these persistent offenders.
Although this point is well understood in textbooks of criminology and
criminal justice, it seems to get lost when arrests are used to study patterns of
criminal behavior and to differentiate among offenders. Modern analytic
techniques have permitted detailed analysis of trajectories of criminal behav-
ior (Blokland, 2005; Bushway, Piquero, Broidy, Cauffman, & Mazerolle,
2001; Ezell & Cohen, 2005; Piquero, Brame, Mazerolle, & Haapanen, 2002).
In these analyses, arrests are treated as limited, but relatively unbiased, indi-
cators of underlying criminal behavior patterns. Differences in the number
of arrests occurring over particular periods are used to indicate differences in
criminal activity and, more basically, criminal propensity. However, if we
understand arrests and other criminal justice actions to be active interven-
tions, their meaning in the context of studying criminal careers changes.
Arrests beyond the first no longer merely indicate ongoing criminal activity
that comes to the attention of authorities; they indicate resistance or failure to
respond to any intervention associated with prior arrests. This is a profound
shift in meaning. Repeated arrests, in other words, indicate criminal behavior
that occurs despite repeated and escalating attempts to eradicate it.
Although criminologists have not focused specifically on resistance to social
control as a primary factor in persistence, it is included, as least implicitly, as
part of the overall characterization that persistent offenders are different from
other offenders. The distinction between life course persistent offenders and
adolescent-limited offenders in the work of Moffitt (1993) and Caspi et al.
(1994) incorporates resistance to social control, as does the concept of “low
self-control” presented by Gottfredson and Hirschi (1990), which seems to
describe primarily the long-term, active (i.e., persistent) offender. Both char-
acterizations recognize that exhibiting impulsiveness, recklessness, or aggres-
sive behavior at high levels and/or over long periods virtually requires that a
youngster be unwilling or unable to respond to those forces of social control
normally arrayed against these behaviors. The importance of this resistance
to long-term criminal trajectories is also implied by major life course devel-
opment theories (see Sampson & Laub, 2003). Life course changes that
reduce crime are seen to involve voluntarily entering into social relationships,
such as marriage or employment, that demand compliance to rules and accep-
tance of the legitimacy of rule enforcement.
These current conceptions of persistent criminality include, then, a fail-
ure to respond to external, and internal, controls but emphasize the latter.
The life course persistent offenders (Caspi et al., 1994; Moffitt, 1993)
have been characterized in terms of low “constraint” and high “negative
emotionality”—personality traits that reduce internal controls and compli-
ance to external controls (Caspi et al., 1994). Similarly, Gottfredson and
Hirschi’s (1990) description of low self-control contains both elements: a
“vulnerability to the temptations of the moment” (p. 87) and an unwilling-
ness to conform to expectations associated with jobs, family, or friends. The
low self-control individual
appears to have little control over his or her own desires. When such desires
conflict with long-term interests, those lacking self-control opt for the desires
of the moment, whereas those with greater self-control are governed by the
restraints imposed by the consequences of acts displeasing to family, friends,
and the law. (p. xv)
and the kind of freedom to pursue momentary desires that comes from having
little to lose (Allerton, 1972; Gottfredson & Hirschi, 1990; Hagedorn, 1994;
Jacobs & Wright, 1999). This condition also increases the influence of unpre-
dictable situational factors in the offenders’ lives, thereby incorporating consid-
erable random “noise” into their behavior patterns. As we shall see, this noise
could substantially complicate the study of criminal careers for these offenders.
Third, we would expect that deeply ingrained resistance to social control
would not be easily overcome and that the search for causes of declines in
crime with age should not underestimate that role of criminal justice sanc-
tions. Changes in individual arrest patterns seem to be associated with
changes in social circumstances, especially those that bring with them
increases in social control, such as marriage and jobs (Haapanen, 1990;
Sampson & Laub, 1993, 2005). Some leading criminologists view this asso-
ciation as evidence that these informal social controls have a profound influ-
ence on criminal behavior (Sampson & Laub, 2005). It is equally plausible,
however, that participation in these social arrangements is made possible by
an increasing willingness to put up with their restrictions. That is, offenders
may be forced into increased conformity rather than seduced into it. Without
denying the association between increased involvement in marriage, family,
and jobs, on one hand, and reductions in criminal behavior, on the other, we
might expect these persistent offenders to be affected by their criminal justice
experiences over time. Sanctions may contribute to the overall decline in
arrests with age and set the stage for the adoption of less criminal lifestyles
along the road. Evidence for these effects will also be presented.
The Data
These points will be all illustrated using data from a recent long-term follow-
up of young men and women released from state juvenile correctional facilities
in California during a 15-year period from 1988 through 2001. Data cover all
arrest charges known to the California Department of Justice (DOJ) for 30,229
youth (29,246 males and 983 females) released from CYA institutions between
1988 and 2001. The analyses excluded youth who were not assigned ID
numbers by the California Bureau of Criminal Identification and Investigation
at entry to the CYA, those who died while on parole, and those who were
paroled to non-California settings (paroled to other states or deported). Most of
these youth were released to parole, but some were discharged directly from
institutions, having reached their maximum age of jurisdiction. Table 1 shows
the breakdown of the final sample by gender and year of release.
Table 1
Cases Included in the California Youth Authority (CYA) Follow-Up
Analysis by Year of First Release From CYA Facilities
Male Female
Total
Year of Release N n % n %
Arrest data covered the period from first release (parole or direct dis-
charge) through 2003. The follow-up period therefore varied by year of
release from the CYA. DOJ rap sheet data cover arrests occurring in
California and, by mutual agreement, some arrests occurring in neighboring
states (Oregon, Nevada, and Arizona). No attempt was made to gather infor-
mation on arrests occurring in other states. All adult arrests (individuals older
than 18 years of age) are included, but law enforcement agencies in
California are not required to submit records on individual juvenile arrests.
The analyses therefore focused on arrests occurring after age 18.
Analyses focused on arrest rates by age (age–crime curves) following first
release from the CYA. Estimates for each age included any youth with data
for that age. Youth released after the age of 18, for example, would not be
included in the estimate for age 18. Similarly, the year of release determined
the amount of follow-up and, together with the age at release, determined the
maximum age at which each youth contributed to the estimates. Estimates for
older ages overrepresented youth released in earlier years and/or at later ages.
Although some youth were followed to age 40, the number of cases was too
small to reasonably assume representativeness or stability of the estimates.
For the total sample, estimates were calculated to age 38. For analysis of sub-
groups, estimates were calculated to age 35.
Data on adult prison terms for members of the sample were obtained from
the California Department of Corrections and Rehabilitation’s Offender
Information Services Branch. Entry and release dates were used to identify
ages when youth were incarcerated in adult prison, and these individuals
were not included in the arrest estimates for those ages. Entry and release
dates were also used to calculate preprison and postprison rates of arrest by
age. No attempt was made to control for time the youth may have spent incar-
cerated in local jails, other states, or federal facilities during the follow-up
period.
All arrests were counted except traffic violations and arrests resulting
from parole warrants only (e.g., missing on parole). Conviction information
was not included in the analysis. Types of arrests were determined by Law
Enforcement Information Center Summary Codes, which are similar to
those used by the FBI in the Uniform Crime Reports.
Results
As expected, the former CYA youth, both males and females, had long and
extensive arrest histories. Figure 1 shows the overall age–crime curves, by
gender, from age 18 to age 35 for females and to age 38 for males. Several
interesting points can be made about these figures. First, these estimates are
very high as compared to general population estimates. For example, data
available from the U.S. Department of Justice, Bureau of Justice Statistics
Web site indicate that in 2003, the total arrest rate for individuals 21 to 24
years of age was 12,566 per 100,000 population. The youth in this follow-up
sample were arrested at the rate of about 105,600 arrests per 100,000 (greater
than 8 times the rate of arrest) during the 21 to 24 age period. The second
observation that can be made is that the rate of arrest for females is also very
high, suggesting that persistence is not simply a male phenomenon. Third, for
males, the arrest rate peaks at age 21 rather than at the usual peak of offend-
ing at ages 18 or 19 (Gottfredson & Hirschi, 1990). We will return to this
finding below. Fourth, after peaking at age 21, the trajectory for males is
clearly downward, although there appears to be some leveling out around age
35. Additional years of follow-up will be required to determine if these arrest
rates continue downward or level off. Overall, these figures attest to the con-
tinued criminal behavior of young offenders identified as the most serious
and persistent in California.
Figure 1
Average Arrest Charges by Age Following First California
Youth Authority Release for Males and Females
1.6
1.4
Average Arrest Charges
1.2
1.0
0.8
0.6
0.4
0.2
−
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Age
Figure 2
Average Arrest Charges by Age Following First California
Youth Authority Release by Commitment Offense Type
2.0
Average Arrest Charges
1.8
1.6
1.4
1.2
1.0
0.8
0.6
0.4
0.2
−
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Age
decision to commit. Property and drug offenders, then, will more likely be
committed because of prior failure to respond to formal social control—that
is, persistence.
Figure 3
Average Arrest Charges by Age Following First California Youth
Authority Release for Random Samples of About 100 Cases
1.8
1.6
Average Arrest Charges
1.4
1.2
1.0
0.8
0.6
0.4
0.2
−
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Age
cases, and about 500 cases from a larger population (n = 6,670) who had arrest
data from age 19 to age 32, calculated average arrests by age, and created
simple age–crime curves (Figures 3, 4, and 5). As shown in Figure 3, the curves
for groups of 100 cases show a great deal of difference from one another and
from the averages for all the cases in the population (shown by the heavy line).
These differences appear both in terms of magnitude at any particular age and
in terms of the shape of the line. Generalizations to the population based on
any of the random samples could be very far off. Conversely, a “desistance pat-
tern” found for a subgroup of the larger population could easily be the result of
this kind of random variation. Additional analyses (not shown) found that
among active offenders, lulls of two or three years were common.
The plotted lines converge somewhat when 250 cases are included in
each plotted line (Figure 4), but there is still considerable variation among
these randomly identified groups. Even groups of 500 (Figure 5) show
some variation and could lead to different interpretations of the age–crime
relationship for these persistent offenders.
Farrington (2003) and Piquero et al. (2002) argue for continued investi-
gation of differences in trajectories of crime to identify factors that lead to
Figure 4
Average Arrest Charges by Age Following First California Youth
Authority Release for Random Samples of About 250 Cases
1.8
1.6
Average Arrest Charges
1.4
1.2
1.0
0.8
0.6
0.4
0.2
-
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Age
Figure 5
Average Arrest Charges by Age Following First California Youth
Authority Release for Random Samples of About 500 Cases
1.8
1.6
Average Arrest Charges
1.4
1.2
1.0
0.8
0.6
0.4
0.2
−
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Age
Figure 6
Average Arrest Charges by Age Following First
California Youth Authority (CYA) Release by
Maximum Age of Discharge From CYA Jurisdiction
1.8
1.6
Average Arrest Charges
1.4
1.2
1.0
0.8
0.6
0.4
0.2
−
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Age
ages when CYA jurisdiction automatically ended. These results suggest that
being under the supervision of the justice system, even if the youth was no
longer in custody, reduced criminal behavior.
Our second look at the effects of criminal justice sanctions involved
calculating arrest rates by age for groups who entered adult prison at various
ages following release from the CYA, along with summary curves for all
youth who later entered prison and for those who had no prison terms during
the follow-up (see Figure 7). Because there were 13 of the entry groups (rang-
ing from entry at age 18 to entry at age 30), the chart is very busy, but the
main observations are apparent nevertheless. First, for each group, arrests
leading up to an adult prison term increased over time from age 18 on, peaked
during the age preceding the term (e.g., for those entering at age 29, arrests
peaked at age 28, reflecting the arrests leading directly to the prison sen-
tence), and then dropped off quickly, remaining at a relatively low level. The
peaks for the various entry age groups were similar, suggesting that the selec-
tion process for prison terms was roughly the same at each age, but it should
be noted that the number of offenders in each group got smaller and smaller
Figure 7
Average Arrest Charges by Age Following First California
Youth Authority Release by Age of First Entry Into Prison
3.5
Average Arrest Charges
3.0
2.5
2.0
Any Prison Term
1.5
1.0
0.5
No Prison Terms
−
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Age
for older age groups. The net effect of the reduced postprison arrest rates was
that the age–crime curve for all offenders who served prison terms descended
toward the line for those who did not serve prison terms.
Extending this analysis, our third approach isolated the preprison and post-
prison arrest rates at each age to distinguish the effect of prison from the nor-
mal drop associated with age. This approach allowed us to control for age
effects as we studied pre–post differences in arrest rates. The results of this
analysis are shown in Figure 8. The four lines on the chart show the following:
1. Rates by age prior to their first prison term for offenders who went to
prison
2. Rates by age following release from prison for offenders who went to
prison
3. Rates by age across all offenders who went to prison (at younger ages,
this line is based mostly on preprison rates, and at older ages, it is based
mostly on postrelease rates)
4. Rates by age for all offenders who had no known prison terms
For those offenders in the sample who served prison terms, rates of arrest
prior to prison were much higher than rates of arrest after release. Postprison
Figure 8
Average Arrest Charges by Age Following First California
Youth Authority Release Preprison and Postprison Release
2.5
Average Arrest Charges
2.0
1.5
1.0
0.5
−
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Age
No CDC Terms Any CDC Terms
Pre-CDC Post-CDC
rates did not drop to levels found for those who never served a prison term,
but they were about half the level found for the preprison period. It would
appear from these figures that the prison experience had a profound crime
reduction effect for these clearly persistent offenders.
It would also appear from these figures that criminal justice experiences
for these offenders contributed to the overall age–crime relationship shown
in the line for those with “any CDC terms.” The preprison arrest rate
remained high, whereas the postprison rates decreased with age, approach-
ing the rate for those with no prison terms. And, as more and more of the
sample moved from preprison to postprison rates, they drove the overall
age–crime line downward toward the postprison line.
Discussion
This article has taken the stand that persistent offending is not simply
more offending, driven by a greater drive toward criminal behavior. Rather,
it is the failure to stop offending, even in the face of ever-increasing pressure
Notes
1. Longitudinal self-report studies are relatively expensive and limited in their samples
(Elliott, 1994; Farrington, 1992). Official records, however, are more than simply a way of
measuring criminality. But they seem to tell the same story, suggesting that the kind of social
control discussed here can also occur outside of the criminal justice system, and resistance to
the control attempts by family, friends, and so on may be the same thing.
2. Subsequent criminal justice processes, which may be viewed, in part, as attempts to
determine actual guilt, are even more indicative of intervention. Conviction charges often dis-
tort the “description” of the actual behavior in the interest of intervening in certain ways.
Conviction, and the particular conviction offense, are matters of negotiation. Charges may be
dropped or reduced in favor of a package that balances cost, obtaining any conviction, and
managing an appropriate type and level of intervention.
3. In July 2005, the California Youth Authority (CYA) was merged with the California
Department of Corrections to form the California Department of Corrections and Rehabilitation.
The CYA became the Juvenile Justice Division of this new department. For clarity, this article
will use the former name, which was used when the youth in the present study were housed there.
4. The CYA does not routinely gather data on all prior arrests for youth committed to its
care. However, special studies have been conducted where prior record information was gath-
ered (Haapanen & Britton, 2002; Haapanen & Steiner, 2003). In one of these, the average
number of arrest charges for youth entering the CYA in 1998 was 8.9. The average for youth
committed for violent offenses was 8.3 charges each, compared to 10.0 charges each for youth
committed for property offenses.
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Rudy Haapanen is the chief of the Juvenile Research Branch of the California Department of
Corrections and Rehabilitation. He received his PhD from the University of California, Davis.
Until the merger of the California Youth Authority (CYA) and the California Department of
Corrections, he was chief of the CYA Research Division. Over the years, his research has
focused on the characteristics of serious juvenile offenders and factors that affect outcomes and
long-term careers. He is currently developing classification systems that incorporate screening
tools for special program needs, assessments of potential institutional violence, and risk of
recidivism. He also continues to study long-term career trajectories for young offenders com-
mitted to state correctional institutions in California.
Lee Britton is a research manager in the Juvenile Research Branch of the California
Department of Corrections and Rehabilitation. He received his PhD from the School of Social
Ecology, University of California, Irvine. He has been involved in experimental research on
drug testing for parolees, on the development of juvenile offender classification systems, and
on designing systems for ongoing evaluation of institutional programs for serious juvenile
offenders. Other research interests include criminal justice decision making, including the role
of juries, and long-term career trajectories for juvenile offenders committed to state institutions.
Tim Croisdale is a research specialist in the Juvenile Research Branch of the California
Department of Corrections and Rehabilitation. He is completing his PhD at Simon Fraser
University, British Columbia, working on the identification of persistent offenders and the pre-
diction of future levels of crime within this population. Currently, he is working on developing
comprehensive, multifaceted classification systems for youth committed to state institutions in
California.