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Journal articles on the topic 'Subsequent offence'
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1
Broadhurst, Roderic, Ross Maller, Max Maller, and Brigitte Bouhours. "The recidivism of homicide offenders in Western Australia." Australian & New Zealand Journal of Criminology 51, no. 3 (July 27, 2017): 395–411. http://dx.doi.org/10.1177/0004865817722393.
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Popular perceptions about the recidivism of homicide offenders are contradictory, varying from one extreme – that such offenders rarely commit further violent offences – to the opposite, where it is thought that they remain at a high risk of serious reoffending. The present study draws on the records of 1088 persons arrested in Western Australia over the period 1984–2005 for domestic murders and other types of homicides (robbery and sexual murder), including attempted murder, conspiracy to murder, manslaughter (unintentional homicide) and driving causing death. Our database provides up to 22 years follow-up time (for those arrested in 1984) and accounts critically for the first and any subsequent arrests, if they occur. Of the 1088 persons, only 3 were subsequently arrested and charged with a homicide offence event in the follow-up period. Among those arrested for a murder and subsequently released, we estimate a probability of 0.66 (accounting for censoring) of being rearrested for another offence of any type. The corresponding probabilities for those originally arrested for manslaughter or for driving causing death were equal, at 0.43. A dynamic analysis of the longitudinal data by survival analysis techniques is used to reliably estimate these probabilities. Having a prior record increased the risk of re-arrest; for example male non-Aboriginals arrested for murder with at least one prior arrest have an estimated probability of 0.72 of being rearrested for another offence of any type. Their estimated probability of being rearrested for another serious offence was 0.33. These findings should be of interest to courts and correctional agencies in assessing risk at various stages of the administration of criminal justice.
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Tymoshenko, I. V. "Functional Aspect of a Protocol on Administrative Offense as a Jurisdictional Act." Lex Russica 73, no. 3 (March 28, 2020): 45–54. http://dx.doi.org/10.17803/1729-5920.2020.160.3.045-054.
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In June 2019, the official website of the Government of the Russian Federation published the Concept of the New Code of Administrative Offences, the enactment of which is planned for 1 January 2021. This Concept indicates that the factors that reduce the effectiveness of the existing Administrative Code of the Russian Federation include, among other things, problems in law enforcement at the stages of initiation and consideration of cases of administrative offenses, contains general guidelines for reforming the Administrative Code of the Russian Federation and highlights certain challenging issues that need to be resolved in its forthcoming modernization. At the same time, it does not seem to address all the issues that need to be addressed. Thus, the analysis of administrative-jurisdictional practice of the first instance shows that the protocol on administrative offense is considered by subjects of administrative jurisdiction ( extrajudicial, quasi-judicial, and judicial) as one of the types of evidence in the case of an administrative offence. Moreover, it is not uncommon that such a record is the only evidence on the basis of which an administrative penalty is imposed. And the analysis of administrative and jurisdictional practice of the second and subsequent instances (up to the Supreme Court of the Russian Federation) allows us to conclude that this approach is justified and quite legitimate. But is it really true? And to what extent is it lawful and legitimate to consider the protocol on an administrative offense as evidence in the case of an administrative offense? This paper is devoted to searching for answers to these questions through the prism of understanding of the functional purpose and juridical (lawful) nature of this type of administrativejurisdictional acts.
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Elliott, Helen, Belinda Winder, Ellie Manby, Helen Edwards, and Rebecca Lievesley. "“I kind of find that out by accident”: probation staff experiences of pharmacological treatment for sexual preoccupation and hypersexuality." Journal of Forensic Practice 20, no. 1 (February 12, 2018): 20–31. http://dx.doi.org/10.1108/jfp-09-2017-0036.
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Purpose The purpose of this paper is to explore the views and experiences of probation staff working with individuals convicted of a sexual offence who have been prescribed medication to manage sexual arousal (MMSA). Design/methodology/approach Semi-structured interviews were utilised with a sample of probation staff (offender supervisors and managers, n=12), who supervise individuals convicted of a sexual offence, either in prison, or post-release in the community. Data were analysed using thematic analysis. Findings Two main themes emerged: barriers for probation staff and suspicious but hopeful. Theme 1 encapsulates factors that prevent probation staff from engaging with MMSA; theme 2 highlighted the samples’ uncertainty and mistrust of the use of medication as a potential tool for risk management and scepticism about individuals’ motivations, particularly in the community. Research limitations/implications The main limitation of this study was the differing levels of knowledge the sample had about MMSA and their subsequent ability to discuss MMSA other than in a theoretical sense. Practical implications Practical implications include the need for further training for probation staff, improved collaboration between departments and ongoing support for staff to support the success of the MMSA intervention. Originality/value This study offers a novel perspective on MMSA – that of the probation staff supervising prisoners taking MMSA. This has not been explored before, and the findings and associated implications are of importance for the treatment and care of those convicted of sexual offences.
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Szmurło, Daniel. "Uwagi de lege lata na tle stosowania art. 168B K.P.K." Civitas et Lex 35, no. 3 (July 18, 2022): 45–60. http://dx.doi.org/10.31648/cetl.7073.
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The article presents the issue of so-called “subsequent consent” for evidence obtained in thecourse of operating surveillance, and interpretation of Art. 168b of the Code of Criminal Procedure(CCP). The analysis covers, inter alia, the nature of the prosecutor’s decision on the use of evidencein criminal proceedings as well as the issue of meaning of expression “an offence prosecuted ex officio or a fiscal offence other than the offence, against which the control was directed” in the context of its constitutionality and the possibility of its pro-constitutional interpretation.
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Foo, Kenny. "Mapping the contours and limits of “irresistible inference”." Journal of Money Laundering Control 23, no. 4 (May 30, 2020): 735–43. http://dx.doi.org/10.1108/jmlc-03-2020-0027.
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Purpose In R v Anwoir [2008] EWCA Crim 1354, the English Court of Appeal held that, in money laundering prosecutions, the criminal provenance of property can be proved by showing that the circumstances in which the property was handled give rise to the irresistible inference that it can only have been derived from crime. The purpose of this paper is to analyse subsequent developments that have revealed the contours, and some of the limits, of proof by “irresistible inference”. Design/methodology/approach This paper reviews the reported cases in which an “irresistible inference” was drawn and identifies the features common to most of them. It then explores the limits of proof by “irresistible inference” by reference to the continuing relevance of predicate offences and the use of money laundering tools and techniques for non-laundering purposes. Findings Most of the cases in which an “irresistible inference” was drawn fall within a narrow compass of five categories. The breadth of the principle is constrained by the characteristics of the predicate offence, and its usefulness is limited in cases where the typologies of the predicate offence and the money laundering offence overlap significantly. Originality/value This paper may be useful to those involved in prosecuting or defending money laundering cases, as well as regulated persons assessing their money laundering risks and disclosure obligations.
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GHARIBEH, Ashraf Mohamad, Mohammed Rashid Ahmed Al MAKHMARI, Radwan Ahmad Al HAF, Mohammad Njim Ibrahim ELAYAT, and Ahmad Hussein ALSHARQAWI. "The Legal Framework Governing the Offence of Environmental Pollution in Jordan and the Sultanate of Oman." Journal of Environmental Management and Tourism 14, no. 7 (December 8, 2023): 2935. http://dx.doi.org/10.14505/jemt.v14.7(71).10.
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The focus of this study pertains to the legal regulations governing environmental pollution offences, as stipulated by the Environmental Protection Law No. 6 of 2017 and its subsequent revisions. Initially, the study examined the definitions of environmental pollution in accordance with the methodology employed by Jordanian lawmakers and international conferences. Subsequently, an analysis was conducted on the Environmental Protection Law No. 6 of 2017 and its subsequent amendments. This was followed by a determination of the fundamental components upon which the criminal offence is predicated. Additionally, a review of select cases that were brought before the Jordanian judiciary was undertaken.
The environmental policy in Oman legislation underscores adopting a multifaceted approach, sometimes emphasizing obligatory measures and resorting to prohibitive or unrestricted policies. It is apparent that the responsibility for safeguarding the environment from pollution is not solely vested in the state but is a collective responsibility shared among individuals and society as a whole, as reinforced by the provisions of Article 6. This underscores the importance of environmental protection as an effective means to combat wrongdoing, thus the enactment of Law No. 26 for Environmental Protection and Pollution Control, which establishes specific legal principles to define criminal behaviour and prescribes penalties, adhering to the fundamental legal principle that "there is no crime and no punishment except by law."
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Baumanis, Jānis. "Criminal threats in Latvia raised by Russian aggression in Ukraine." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 1, no. 28 (2024): 24–34. http://dx.doi.org/10.25143/socr.28.2024.1.24-34.
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On 24 February 2022, Russia’s aggression against Ukraine escalated into a broader armed invasion of the Ukrainian territory and a subsequent protracted war. This event significantly impacted various social, political, legal and other processes worldwide. This global upheaval not only influenced international processes but also had an impact on various national-level processes, including the introduction of changes within the spectrum of criminal threats. Upon realising the extent of interests being criminally violated, the author of the research chose to narrow the research focus exclusively to the Latvian level. Moreover, the range of interests violated at the Latvian level can be quite extensive, as the commission of any criminal offence outlined in the Criminal Law can be indirectly linked to the war in Ukraine. With this in mind, the study aims to identify the criminal threats in Latvia stemming from Russia’s aggression in Ukraine by analysing statistical indicators of registered criminal offences, the activities of lawmakers in the development of criminal law norms and case law in situations where Ukraine is mentioned in the description of the alleged criminal offence. Keywords: criminal threat; violation of sanctions; hate crime; crimes against the state.
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Lantz, Brendan, and R. Barry Ruback. "A Networked Boost: Burglary Co-Offending and Repeat Victimization Using a Network Approach." Crime & Delinquency 63, no. 9 (August 3, 2015): 1066–90. http://dx.doi.org/10.1177/0011128715597695.
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Burglarized locations are at an elevated risk of re-victimization soon after an initial offense. The current study uses a two-mode network approach to examine three possible mechanisms of repeat victimization: (a) The characteristics of a location make the target attractive to all motivated offenders, (b) the same offender returns to the offense location multiple times, or (c) other offender(s), to whom the primary offender is connected, commit subsequent offenses. The results support all three mechanisms, but particularly the same offender returning for subsequent offenses. These “returners” are generally more experienced, more connected burglary offenders. Significantly, however, repeat victimizations not committed by the same offender(s) often involve connected co-offenders, a mechanism for repeat victimization that has not been previously demonstrated empirically.
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Morar, Ioana, Laurence L. Motiuk, and Leslie Anne Keown. "Characteristics of Offenders Participating in the Romanian Prison Service Credit System." European Journal of Crime, Criminal Law and Criminal Justice 27, no. 3 (July 26, 2019): 242–59. http://dx.doi.org/10.1163/15718174-02703004.
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Correctional assessment strategies and standards of practice should help to identify those offenders who are “good candidates” for earlier or conditional release while incarcerated. Several studies conducted on the Romanian prison population showed that a restricted set of items could accurately identify potential for early release decision-making and post release outcomes. Among a variety of relevant predictors identified was offender participation in a credit scheme with accompanying rewards and penalties. The Romanian Prison Service’s automated database was used to identify groups of offenders who had either earned (total, social reintegration activities or work) or lost credits for analytical purposes. These groups were used to make comparisons on a variety of case specific variables such as criminal history, sentence length, offence type and education. The present study extends previous research on prediction by unpacking offender participation in the credit scheme in relation to two outcome measures; early release from custody as well as subsequent returns to custody after early release.
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van Wijnkoop, Jürg. "Prosecution of suspected war criminals in Switzerland." International Review of the Red Cross 36, no. 313 (August 1996): 496–99. http://dx.doi.org/10.1017/s0020860400084928.
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Legal basesBy ratifying the Geneva Conventions of 1949, Switzerland undertook to supplement its national legislation accordingly. Its subsequent revision of the Swiss military penal code in 1950, though certainly prompt, was half-hearted. It was not until 1 March 1968, when a broader revision came into force, that national legislation was fully adapted to meet the requirements laid down in those Conventions:— the scope of application of Swiss criminal law was extended to cover all armed conflicts within the meaning of international conventions;— civilians who commit offences against international law in the event of armed conflict were explicitly made liable to military jurisdiction; it is thereby clearly established that Switzerland, or more specifically the military justice authorities, must prosecute violations of international humanitarian law even if the offence is committed outside Switzerland by nationals (civilians or members of the armed forces) of another country.
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Głuchowski, Michał. "Krótkotrwały zakaz prowadzenia pojazdów mechanicznych w prawie niemieckim (Fahrverbot) jako inspiracja dla polskiego ustawodawcy." Studia Prawnicze / The Legal Studies, no. 1 (225) (November 2, 2022): 7–47. http://dx.doi.org/10.37232/sp.2022a.
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W Niemczech karę krótkotrwałego zakazu prowadzenia pojazdów mechanicznych stosuje się już od 1965 r. w walce z przestępczością drogową. Od 2017 r. możliwe jest jej orzekanie w reakcji na wszelkie przestępstwa, jednak w praktyce większe znaczenie ma zakaz orzekany w postępowaniu wykroczeniowym. W oparciu o niemieckie doświadczenia, krytyce poddano automatyzm i natychmiastowość polskiego środka zatrzymania prawa jazdy przy rażącym przekroczeniu prędkości. Autor formułuje wniosek de lege ferenda, iż należy zrezygnować z obecnej regulacji i wprowadzić środek karny zawieszenia uprawnień do prowadzenia pojazdów mechanicznych do kodeksu karnego i kodeksu wykroczeń jako uzupełnienie zakazu prowadzenia pojazdów. The criminal punishment of a short-term driving ban was introduced in Germany in 1965 to combat road traffic offences. Since 2017, the ban may be imposed in response to every criminal offence. This penalty has numerous advantages and only minor disadvantages. In Poland, however, its target group would overlap with the restriction of liberty. In Germany, driving bans imposed after regulatory offences are much more prevalent. Based on the German experiences, this article criticizes the Polish regulation on automatic and immediate seizure of the driving licence and its subsequent suspension after speeding. Furthermore, a short-term driving ban should be introduced to the Polish Criminal Code and the Petty Offences Code as a new penal measure supplementing the driving disqualification.
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Witt, Katrina, Paul Lichtenstein, and Seena Fazel. "Improving risk assessment in schizophrenia: epidemiological investigation of criminal history factors." British Journal of Psychiatry 206, no. 5 (May 2015): 424–30. http://dx.doi.org/10.1192/bjp.bp.114.144485.
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BackgroundViolence risk assessment in schizophrenia relies heavily on criminal history factors.AimsTo investigate which criminal history factors are most strongly associated with violent crime in schizophrenia.MethodA total of 13 806 individuals (8891 men and 4915 women) with two or more hospital admissions for schizophrenia were followed up for violent convictions. Multivariate hazard ratios for 15 criminal history factors included in different risk assessment tools were calculated. The incremental predictive validity of these factors was estimated using tests of discrimination, calibration and reclassification.ResultsOver a mean follow-up of 12.0 years, 17.3% of men (n=1535) and 5.7% of women (n=281) were convicted of a violent offence. Criminal history factors most strongly associated with subsequent violence for both men and women were a previous conviction for a violent offence; for assault, illegal threats and/or intimidation; and imprisonment. However, only a previous conviction for a violent offence was associated with incremental predictive validity in both genders following adjustment for young age and comorbid substance use disorder.ConclusionsClinical and actuarial approaches to assess violence risk can be improved if included risk factors are tested using multiple measures of performance.
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Mezey, Gillian, and Michael King. "Male Victims of Sexual Assault." Medicine, Science and the Law 27, no. 2 (April 1987): 122–24. http://dx.doi.org/10.1177/002580248702700211.
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Adult male victims of sexual assault appear to have similar reactions to female victims, but are more stigmatized, may experience greater subsequent anger and guilt, and are even less likely to report the offence than females. Increased recognition of these assaults is called for, both in law and by victim support agencies, in order to reduce the stigma, encourage reporting and facilitate the enforcement of criminal justice.
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Magier, Megan, Karen A. Patte, Katelyn Battista, Adam G. Cole, and Scott T. Leatherdale. "Are School Substance Use Policy Violation Disciplinary Consequences Associated with Student Engagement in Cannabis?" International Journal of Environmental Research and Public Health 17, no. 15 (July 31, 2020): 5549. http://dx.doi.org/10.3390/ijerph17155549.
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Schools are increasingly concerned about student cannabis use with the recent legalization in Canada; however, little is known about how to effectively intervene when students violate school substance use policies. The purpose of this study is to assess the disciplinary approaches present in secondary schools prior to cannabis legalization and examine associations with youth cannabis use. This study used Year 6 (2017/2018) data from the COMPASS (Cannabis use, Obesity, Mental Health, Physical Activity, Alcohol use, Smoking, Sedentary behavior) study including 66,434 students in grades 9 through 12 and the 122 secondary schools they attend in British Columbia, Alberta, Ontario, and Quebec. Student questionnaires assessed youth cannabis use and school administrator surveys assessed potential use of 14 cannabis use policy violation disciplinary consequences through a (“check all that apply”) question. Regression models tested the association between school disciplinary approaches and student cannabis use with student- (grade, sex, ethnicity, tobacco use, binge drinking) and school-level covariates (province, school area household median income). For first-offence violations of school cannabis policies, the vast majority of schools selected confiscating the product (93%), informing parents (93%), alerting police (80%), and suspending students from school (85%), among their disciplinary response options. Few schools indicated requiring students to help around the school (5%), issuing a fine (7%), or assigning additional class work (8%) as potential consequences. The mean number of total first-offence consequences selected by schools was 7.23 (SD = 2.14). Overall, 92% of schools reported always using a progressive disciplinary approach in which sanctions get stronger with subsequent violations. Students were less likely to report current cannabis use if they attended schools that indicated assigning additional class work (OR 0.57, 95% CI (0.38, 0.84)) or alerting the police (OR 0.81, 95% CI (0.67, 0.98)) among their potential first-offence consequences, or reported always using the progressive discipline approach (OR 0.77, 95% CI (0.62, 0.96)) for subsequent cannabis policy violations. In conclusion, results reveal the school disciplinary context in regard to cannabis policy violations in the year immediately preceding legalization. Various consequences for cannabis policy violations were being used by schools, yet negligible association resulted between the type of first-offence consequences included in a school’s range of disciplinary approaches and student cannabis use.
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Coleman, Belinda. "Driving While Disqualified or Suspended under s 30 of the Road Safety Act 1986 (Vic): Abolition of the Mandatory Sentencing Provision?" Deakin Law Review 11, no. 2 (January 1, 2006): 23. http://dx.doi.org/10.21153/dlr2006vol11no2art235.
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<p>In an earlier article in 2001, Edney and Bagaric argued that the mandatory sentencing of persons to imprisonment pursuant to s 30 of the Road Safety Act 1986 (Vic) for second or subsequent offences of Driving While Disqualified or Suspended cannot be justified and that reform is required. Since then the topic of mandatory sentencing for Driving While Disqualified or Suspended has assumed even greater importance having regard to (a) an increase in the number of administrative ways a person can now have their licence cancelled or disqualified; (b) the availability of recent empirical data demonstrating the number of persons sentenced to imprisonment for this offence; (c) the results of a major review of Victorian sentencing law and (d) an increase in the different ways a sentence of imprisonment can in fact (and in law) be served. In view of these developments, this article re-examines the use of mandatory sentencing for Driving While Disqualified or Suspended and argues that the arguments put forward by Edney and Bagaric are even more compelling five years down the track.</p>
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Linonge-Fontebo, Helen Namondo. "HOMOSEXUALITY IN CAMEROONIAN PRISONS: PERSPECTIVES OF FEMALE INMATES, PRISON STAFF AND NGO REPRESENTATIVES." Gender Questions 1, no. 1 (September 20, 2016): 98–111. http://dx.doi.org/10.25159/2412-8457/1550.
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Homosexuality is highly resisted in Cameroon by all spectrums of the social strata and it is a criminal offence under Cameroonian criminal law. Yet there has been little research on homosexuality in Cameroon, let alone prison sexuality. Defence lawyers for lesbians, gay, bisexuals, transgender and intersex individuals (LGBTI) and their families receive anonymous telephone calls and text messages threatening them with death if they do not withdraw from defending homosexuals. The National Commission for Human Rights and Freedom (NCHRF) refuses to protect LGBTI victims from arbitrary arrest and police brutality, and their subsequent incarceration in prison. Workshops organised for sexual minorities are being disrupted even when the organisers obtain due authorisation. The article examines the continuation or spread of the practice of homosexuality despite its criminalisation, as well as the dynamics of the practice within a prison system. The research is qualitative, involving the narratives of 38 research participants distributed as follows: 18 female inmates, 18 prison staff members and two NGO representatives. The findings reveal that homosexuality exists in Cameroonian prisons and is more common in men’s cells than in women’s cells. Prison staff have attempted to limit its practise in the cells, yet it is ongoing and both prison staff and inmates punish the perpetrators of this offence. The decriminalisation of homosexuality as an offence has become imperative, because in this author’s view sexual orientation is not biologically determined but rather the result of socialisation.
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Msaule, Phindile Raymond. "The Duty to Produce One’s Firearm for Inspection in Terms of the Firearms Control Act: The Right to Silence under Siege?" Potchefstroom Electronic Law Journal 21 (December 13, 2018): 1–24. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4746.
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The right of the arrested and accused persons to remain silent at pre-trial and during their trial are significant to ensuring a fair trial. The purpose of the right to remain silent is to ensure that the state bears the duty to prove the guilt of the accused beyond reasonable doubt. In essence, the right serves to dissuade the state from engaging in any manner or form of coercing the accused person to assist the state in meeting its case, whether during pre-trial or during trial. An individual who is accused of committing an offence must not through his or her words or deeds assist the state in satisfying its burden of proof. The Firearm Control Act 20 of 2000 (the Act) seems to dilute these rights. The Act empowers the police official to request an owner of a legal firearm to produce it within seven days of the request at a threat of a criminal sanction. At the time the request is made the individual has been neither arrested for nor accused of a criminal offence. However, on the failure to produce the firearm on demand by a police official the individual may be charged with a criminal offence and evidence that has been obtained in terms of the Act would be admissible at the subsequent trial. This is despite the fact that at the time the request to produce a firearm is made the individual does not have a choice but to comply with the request lest he or she be charged with an offence under the Act. The purpose of this contribution is to investigate whether the individual to whom a request to produce a firearm has been made is entitled to the right to remain silent entrenched in section 35 of the Constitution, and whether the limitation of this right by the Act passes constitutional muster.
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Moskowitz, Andrew. "How can dissociation help us to understand violent behaviour?" MALTRATTAMENTO E ABUSO ALL'INFANZIA, no. 1 (March 2010): 17–32. http://dx.doi.org/10.3280/mal2010-001002.
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The connection between dissociative experiences and violent behaviour, while well established in literature, has been ignored in criminological and public policy debates. Throughout the Western world, homicides are regularly reported by the media in which friends or family members express astonishment, insisting the accused to be "incapable" of such behaviour because he was "a nice guy", "a good friend", etc. Many people continue to believe that a person's public behaviour is consistent with what they are like in private, which ignores the reality of dissociation. This paper will attempt to correct this perception by discussing several ways in which dissociation and violence may be linked. Following a brief overview of dissociation and the Dissociative Experiences Scale, evidence will be presented to suggest that dissociation may mediate the so-called intergenerational "cycle of violence". I will then consider the prevalence and significance of ongoing dissociative experiences reported by prisoners and offenders, dissociative experiences occurring at the time of a violent offence, and reported levels of amnesia subsequent to homicides. Finally, I will discuss a proposed type of homicide offender, known as "over-controlled hostile" - a person with no history of aggression and significant difficulties with assertiveness - which could be considered to be dissociative in nature. Key words: dissociative experiences, violence, amnesia, peri-traumatic dissociation, homicide
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Halchuk, O. "Woman-character and woman-author in ancient Greek and Roman literature: an attempt at the typology." Science and Education a New Dimension IX(253), no. 45 (June 25, 2021): 20–24. http://dx.doi.org/10.31174/send-hs2021-253ix45-05.
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The article proposes a typology of female characters of ancient literature. The typology is based on the dominant categories of «moral» (expressed by the dichotomy of «moral – immoral»), «heroic» («achievement – offence») and «aesthetic» («beautiful – ugly»). Through the prism of mythology, the semantics of the figurative gallery «woman-character» and «woman-author» reflects the specifics of the position of women in the ancient world. Misogyny is typical for the male world of antiquity. This determined the emphasis in the interpretation of women's masks, which were mainly given the role of the object of erotic posing. This, however, does not diminish the reception potential of female images of ancient origin in the subsequent world literary discourse.
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Petrosino, Anthony J., and Carolyn Petrosino. "The Public Safety Potential of Megan's Law in Massachusetts: An Assessment from a Sample of Criminal Sexual Psychopaths." Crime & Delinquency 45, no. 1 (January 1999): 140–58. http://dx.doi.org/10.1177/0011128799045001008.
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This article presents an exploratory assessment of the potential of Megan's Law to prevent subsequent sex offenses in Massachusetts. Using secondary data on 136 criminal sexual psychopaths, the authors found that 27 percent of the sample had a prior conviction that met the requirements of the Massachusetts Registry Law before their most recent sex crime. Of these 36 offenders who would have been eligible for the registry, 12 committed a stranger-predatory sex offense; the remaining 24 offended against family, friends, and coworkers. Assuming a registration and notification system of complete integrity, proactive police warnings could have potentially reached subsequent victims in 6 of the 12 stranger-predatory cases.
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Warren, L. J., P. E. Mullen, S. D. M. Thomas, J. R. P. Ogloff, and P. M. Burgess. "Threats to kill: a follow-up study." Psychological Medicine 38, no. 4 (October 9, 2007): 599–605. http://dx.doi.org/10.1017/s003329170700181x.
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BackgroundMental health clinicians are frequently asked to assess the risks presented by patients making threats to kill, but there are almost no data to guide such an evaluation.MethodThis data linkage study examined serious violence following making threats to kill and the potential role of mental disorder. A total of 613 individuals convicted of threats to kill had their prior contact with public mental health services established at the time of the index offence. The group's subsequent criminal convictions were established 10 years later using the police database. Death from suicidal or homicidal violence was also established.ResultsWithin 10 years, 44% of threateners were convicted of further violent offending, including 19 (3%) homicides. Those with histories of psychiatric contact (40%) had a higher rate (58%) of subsequent violence. The highest risks were in substance misusers, mentally disordered, young, and those without prior criminal convictions. Homicidal violence was most frequent among threateners with a schizophrenic illness. Sixteen threateners (2.6%) killed themselves, and three were murdered.ConclusionsIn 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. 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.
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Brewis, Brian, and Adam Jackson. "Sexual Behaviour Evidence and Evidence of Bad Character in Sexual Offence Proceedings: Proposing a Combined Admissibility Framework." Journal of Criminal Law 84, no. 1 (December 3, 2019): 49–73. http://dx.doi.org/10.1177/0022018319891260.
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This article critically evaluates whether the ‘rape shield’ legislation in England and Wales, as currently contained in s 41 Youth Justice and Criminal Evidence Act (YJ&CEA) 1999, is fit for purpose. The article addresses the impact of the case of R v Evans (Chedwyn) [2016] EWCA Crim 452 which received a disproportionately high amount of media scrutiny and led to subsequent calls for greater restrictions on sexual behaviour evidence. The article examines possible reform proposals by Findlay Stark and Matt Thomason and the results of empirical research conducted by Laura Hoyano before proposing the introduction of a ‘combined admissibility framework’ for evidence of a complainant’s previous sexual behaviour and bad character. The proposed framework seeks to retain the high threshold for the admissibility, in particular, of evidence relating to a complainant’s previous sexual behaviour while introducing a more holistic and straightforward model moving away from the strict categories approach adopted by s 41 YJ&CEA 1999.
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Stevens, H., E. Agerbo, K. Dean, M. Nordentoft, P. R. Nielsen, and P. B. Mortensen. "Offending prior to first psychiatric contact: a population-based register study." Psychological Medicine 42, no. 12 (April 25, 2012): 2673–84. http://dx.doi.org/10.1017/s0033291712000815.
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BackgroundThere is a well-established association between psychotic disorders and subsequent offending but the extent to which those who develop psychosis might have a prior history of offending is less clear. Little is known about whether the association between illness and offending exists in non-psychotic disorders. The aim of this study was to determine whether the association between mental disorder and offending is present prior to illness onset in psychotic and non-psychotic disorders.MethodIn a nested case-control study, cases (n=101 890) with a first psychiatric contact during the period 1995 to 2006 were identified and matched by age and gender to population-based controls (n=2 236 195). Exposure was defined as prior criminal and violent offending.ResultsMales with one offence had an incidence rate ratio (IRR) of 2.32 [95% confidence interval (CI) 2.26–2.40] for psychiatric admission whereas two or more convictions yielded an IRR of 4.97 (95% CI 4.83–5.11). For violent offending the associations were stronger and IRRs of 3.97 (95% CI 3.81–4.12) and 6.18 (95% CI 5.85–6.52) were found for one and several offences respectively. Estimates for females were of a similar magnitude. The pattern was consistent across most diagnostic subgroups, although some variability in effect sizes was seen, and persisted after adjustment for substance misuse and socio-economic status (SES).ConclusionsA prior history of offending is present in almost one in five patients presenting to mental health services, which makes it an important issue for clinicians to consider when assessing current and future risks and vulnerabilities.
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Igoumenou, Artemis, Constantinos Kallis, and Jeremy Coid. "Treatment of psychosis in prisons and violent recidivism." BJPsych Open 1, no. 2 (October 2015): 149–57. http://dx.doi.org/10.1192/bjpo.bp.115.000257.
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BackgroundViolence among released prisoners with psychosis is an important public health problem. It is unclear whether treatment in prison can influence criminal behaviour subsequent to release.AimsTo investigate whether treatment in prison can delay time to reoffending.MethodOur sample consisted of 1717 adult prisoners in England and Wales convicted of a serious violent or sexual offence. We used Cox regression to investigate the effects of treatment received in prison on associations between mental illness and time to first reconviction following release.ResultsPrisoners with current symptoms of schizophrenia reoffended quicker following release. Nevertheless, treatment with medication significantly delayed time to violence (18% reduction). Treatment for substance dependence delayed violent and non-violent reoffending among prisoners with drug-induced psychosis.ConclusionsIdentifying prisoners with psychosis and administering treatment in prison have important protective effects against reoffending. Repeated screening with improved accuracy in identification is necessary to prevent cases being missed.
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Potapov, P. N. "The Problem of Ensuring Equality Before the Law at Relief of Liability when Qualifying an Administrative Offense as Insignificant." Siberian Law Review 20, no. 4 (September 20, 2023): 367–80. http://dx.doi.org/10.19073/2658-7602-2023-20-4-367-380.
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The present paper considers the problem of ensuring compliance with the principle of equality of all before the law when applying the institute of insignificance to the committed administrative offense. The Author examines the chronology of the appearance of the norm of insignificance in the legislation of Russia. He compares procedural legislation in cases of administrative offenses of the Russian Federation, the Republic of Kazakhstan and the Republic of Belarus in the context of the institute of insignificance. Study of Article 2.9 of the Code of the Russian Federation on Administrative Offenses, judicial acts of the courts of the first and subsequent instances, the analysis of scientific works devoted to the problem of the application of the institute of insignificance allow studying the problem of the application of the institute of insignificance to all material norms establishing administrative responsibility under Article 2.9 of the Code of the Russian Federation on Administrative Offenses. In the aspect of the principle of equality of all people and citizens before the law, questions are raised about the validity of assigning the status of “exceptional” to the norm under study. Comparison of the practice of application of Article 2.9 of the Code of the Russian Federation on Administrative Offences by courts of general jurisdiction and arbitration courts clearly demonstrates the application of the institute of insignificance in the judicial process. The problem of the application of Article 2.9 of the Code of Administrative Offences of the Russian Federation by authorized executive authorities in the administrative process is also considered in this paper. Arguments against the existence of a discretionary power in the institute of insignificance are given. The constitutional norms violated by the presence of discretionary authority in the institute of insignificance are called. The constitutional rights of delinquents violated due to the existence of discretionary powers in the institute of insignificance are named. The Author discusses the possibility of changing the existing legislation in order to ensure compliance with the balance of interests of delinquents and other participants in the case of an administrative offense to increase the effectiveness of public prosecution and the preventive value of administrative responsibility. The Author proposes to state Article 2.9 of the Code of Administrative Offences of the Russian Federation in the wording that ensures the right of all delinquents to equality before the law and the court in order to ensure their constitutional rights, including to maintain the balance of interests of delinquents and other participants in the case of an administrative offense to increase the effectiveness of public prosecution and the preventive value of administrative responsibility.
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Lawrence, Jeanette A., and Philippa Hore. "Greedy, Needy, or Troubled? High School and University Students' Natural and Induced Views of Shopstealers." Australian & New Zealand Journal of Criminology 26, no. 1 (March 1993): 59–71. http://dx.doi.org/10.1177/000486589302600107.
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Adolescents and university students processed comprehension packages designed to induce them to adopt schemas for categorising shoplifters as either “greedy”, “needy” or “troubled” persons. Adolescents' subsequent views of shoplifters, measured on a Shop Stealing Attitude Questionnaire (SSAQ) were related to schema conditions in expected ways, demonstrating the influence of the comprehension packages. Subjects who processed the package claiming that shopstealers are greedy displayed tougher attitudes to shopstealers, with higher mean Greed and Condemn Scale scores. Subjects who processed packages claiming that shopstealers are either needy or troubled displayed more lenient attitudes with higher Need and Troubled Scale Scores. Younger adolescents showed harsher views, while older adolescents and all females were more understanding of offenders' circumstances and motives. Schema inducing comprehension packages, subjects' ages, and SSAQ measured views were weakly predictive of penalties assigned to offenders in sample cases. Finding? support general trends of younger adolescents'punitiveness in relation to a specific offence, but indicate the difficulties of inexperienced penalisers in assigning penalties.
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GRIFFIN, CARL J. "‘Cut down by some cowardly miscreants’: Plant Maiming, or the Malicious Cutting of Flora, as an Act of Protest in Eighteenth- and Nineteenth-Century Rural England." Rural History 19, no. 1 (April 2008): 29–54. http://dx.doi.org/10.1017/s0956793307002294.
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AbstractSince the publication of Hobsbawm and Rudé'sCaptain Swingour understanding of the role(s) of covert protests in Hanoverian rural England has advanced considerably. Whilst we now know much about the dramatic practices of incendiarism and animal maiming and the voices of resistance in seemingly straightforward acquisitive acts, one major gap remains. Despite the fact that almost thirty years have passed since E. P. Thompson brought to our attention that under the notorious ‘Black Act’ the malicious cutting of trees was a capital offence, no subsequent research has been published. This paper seeks to address this major lacuna by systematically analysing the practices and patterns of malicious attacks on plants (‘plant maiming’) in the context of late eighteenth- and early nineteenth-century southern England. It is shown that not only did plant maiming take many different forms, attacking every conceivable type of flora, but also that it was universally understood and practised. In some communities plant maiming was the protestors' weapon of choice. As a social practice it therefore embodied wider community beliefs regarding the defence of plebeian livelihoods and identities.
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Edwards, Susan. "R v A [2012] EWCA Crim 434." Denning Law Journal 24, no. 1 (November 27, 2012): 141–51. http://dx.doi.org/10.5750/dlj.v24i1.395.
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THE CRIME OF RETRACTING A TRUTHFUL STATEMENTOn 13th March 2012, the Court of Appeal delivered its reserved judgement in R v A,1 an appeal against conviction for the offence of perverting the course of justice. The appellant had made allegations of multiple rape and domestic violence perpetrated against her by her husband, allegations she later withdrew, thereby giving rise to the charge of and subsequent conviction for perverting the course of justice. The Court of Appeal upheld the conviction. This was the second time this appellant‘s case had been referred on appeal, the Court having already heard an appeal against sentence on 23rd November 2010, when it quashed a prison sentence of eight months, and substituted a community sentence and supervision order. Whilst justice has prevailed and corrected the error of the draconian sentence, the conviction for perverting the course of justice following the retraction of a truthful allegation because of fear and pressure still stands. At present the case is being appealed further to the Supreme Court.
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Elamin, Mohamed Elhassan, Anthony Kearns, and Aidan Cooney. "Listen to hard topics with soft ears - domestic violence and family carer; a survey of referrals to a MHIDD forensic mental health service in Ireland." BJPsych Open 7, S1 (June 2021): S320—S321. http://dx.doi.org/10.1192/bjo.2021.844.
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AimsA number of studies sought to explore and define families needs, experiences and concerns associated with being a carer for a detained person and their interaction with Forensic services (McKeown et al, 1995, MacInnes et al, 2002, Tsang et al, 2002, Absalom et al, 2012 Horberg et al, 2015).Relatives can be victims of the service user's offence (Ferriter & Huband, 2003, Tsang et al 2002), and may even blame the service user for their behaviour (Barrowclough et al., 2005). Service user becomes violent and aggressive family members are less likely to be motivated to participate, due to the service user's behaviour (MacInnes, 2000).An initial domestic violence survey of in-patient case files found that in 66%of the patients files, there were reported incidents of domestic violence in family caring relationships prior to the index offence and subsequent admission to NFMHS (Cooney, 2018).MethodA quantitative methodology was used. A domestic violence survey of referrals was conducted of 100 referrals to the National Forensic Mental Health Services – Mental Health and Intellectual & Development Disability Services between 2016-2019.Result22% of the referrals reported Domestic Violence in the family care-giving relationships.The father was recorded as the parent to be experience most Domestic Violence; 40%. Other family members who experienced domestic violence ranged from the mother 32%, brother 12% and sister 8%. Other family members were 8%.100% of the referrals did not report the domestic violence in the carer relationships, nor did referring agencies recorded safeguarding adults concerns.ConclusionThe findings from this audit raises a couple of clinical, legal and safeguarding adults work in National Forensic Mental Health Services with regards to family work. Firstly, the need to (re)conceptualising family work in the context of trauma informed care. Secondly, family work should offer some families, who are victim of crime, a restorative approach. Thirdly, safeguarding adults will need to consider complex caring relationships and acknowledged this as part of care planning and support.
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Marshall, Ethan A., and Holly A. Miller. "Examining Gender-Specific and Gender-Neutral Risk Factors in Women Who Sexually Offend." Criminal Justice and Behavior 46, no. 4 (September 19, 2018): 511–27. http://dx.doi.org/10.1177/0093854818796872.
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Research on justice-involved women has provided evidence for the importance of using gender-specific information in the assessment, treatment, and understanding of criminal pathways and risk of recidivism in women who have committed offenses. Although research on women who have sexually offended suggests there are differences between men and women who sexually offend, no studies have compared gender-specific and gender-neutral factors to predict recidivism with this group. The current study provided an examination of gender-specific and gender-neutral recidivism risk factors in a sample of 225 women who had sexually offended and were subsequently released from custody with an average follow-up time of about 5 years. Results of the study indicate gender-specific factors, such as mental illness symptoms and victimization history, are demonstrative of risk of reoffense in women who sexually offend. These findings provide implications for future research regarding risk assessment and more effective application of treatment for this understudied population.
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Raajavinayaga Subaash, Et al. "Cyber Crimes in the State of Tamilnadu with Special Reference to Investigation Process." International Journal on Recent and Innovation Trends in Computing and Communication 11, no. 9 (November 5, 2023): 3108–11. http://dx.doi.org/10.17762/ijritcc.v11i9.9451.
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The society and its needs changes with the time therefore the criminal law is required as per the situation. Thus the prime object of criminal law is the protection of the public by the maintenance of law and order in every situation even in the age of information technology. The progress of civilization is evidenced by the everchanging information technology, which is easily accessible by use of computers and no doubt, put to use for improvement in the living ofHuman Beings. Information Technology has made improvements in every aspect of human life such as education, industry, commerce, governance, personal lifestyle, and social life around the world.Crime is a social and economic phenomenon and is also old as human society. Crime is a legal concept and has the sanction of the law Crime or an Offence is a wrong that can be followed by criminal proceedings which may result in punishments. The hallmark of criminality is that it is a breach of criminal law. As per Lord Atkin “ the criminal quality of an act cannot be discovered by reference to any standard but one: is the act prohibited with penal consequences”. Many of the cyber-crimes penalized by the IPC and the IT Act have the same ingredients and even nomenclature. The punishment prescribed for offenses under sections 67A and 67B of the IT Act is on first conviction, imprisonment of either description for a term which may extend to 5 (five) years, to be accompanied by a fine which may extend to Rs. 10,00,000 (Rupees ten lac) and in the event of second or subsequent conviction, imprisonment of either description for a term which may extend to 7 (seven) years and also with fine which may extend to Rs. 10,00,000 (Rupees ten lac).
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GLIGA, Constantin Ioan. "Theoretical and practical considerations on the concurrence of offenses." SERIES VII - SOCIAL SCIENCES AND LAW 13(62), no. 2 (January 26, 2021): 37–42. http://dx.doi.org/10.31926/but.ssl.2020.13.62.4.5.
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The entry into force of the new Criminal Code brought back to the attention and discussion of legal practitioners and theoreticians the criteria that distinguish the continued offense from the concurrence of offenses. Although, subsequent to the Romanian Constitutional Court Decision no. 368/2017, it has practically returned to the existing regulation in the matter of the continued offense under the rule of the old Criminal Code, the concrete situations submitted to the attention of the courts continue to provoke theoretical controversies. This article aims to critically analyse the recent case law regarding the criteria considered by the courts when they delimit the existence of a concurrence of offenses or a single offense, in a continuous form.
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Vrečko, Ines. "Criminological aspects of animal abuse." Kriminologija & socijalna integracija 27, no. 1 (June 30, 2019): 84–99. http://dx.doi.org/10.31299/ksi.27.1.4.
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Taking into consideration the complexity of animal cruelty, problems with its varying definitions which depend on legal frameworks, social norms, cultural and public perceptions and many possible approaches to the issue of animal cruelty, this paper will focus only on active cruelty (acts of commission), i.e. the intention to harm an animal and cause pain and suffering. It will study the phenomenon as a multi-indicator for violence. Regardless of whether animal abuse is treated as a criminal offence or a misdemeanor or if it is absent from the legal framework altogether, it represents a complex phenomenon present in both children and adults. This abuse affects families and a wide range of social institutions, not only harming animals but also indicating various inter-personal types of violence and individual behavioral disorders. This paper explores intersectional and interdisciplinary research on animal abuse, its connection to subsequent adult or concurrent domestic violence and child abuse, contributing factors such as defense mechanisms and the roles of empathy and remorse. Understanding animal cruelty as a part of human violence and as a sign of serious concern for the welfare of both animals and humans is a first step towards building sustainable social policies.
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Scott, Rosamund. "INTERPRETING THE DISABILITY GROUND OF THE ABORTION ACT." Cambridge Law Journal 64, no. 2 (July 7, 2005): 388–412. http://dx.doi.org/10.1017/s0008197305006902.
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“NOT only would it be a bold and brave judge … who would seek to interfere with the discretion of doctors acting under the Abortion Act 1967, but I think he would really be a foolish judge who would try to do any such thing, unless, possibly, where there is clear bad faith and an obvious attempt to perpetrate a criminal offence.” So said Sir George Baker P. in Paton v. B.P.A.S. and his view has been repeated at apposite judicial moments in subsequent cases. Recently, however, a legal attempt was indeed made to question the discretion of doctors in Jepson v. The Chief Constable of West Mercia Police Constabulary. Reverend Joanna Jepson asked the West Mercia Police to investigate doctors who had authorised an abortion for bilateral cleft lip and palate at 28 weeks under the disability ground of the Abortion Act 1967 (as amended by the Human Fertilisation and Embryology Act 1990). Abortion is legal under that section if two doctors have formed an opinion in good faith that “there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped”.
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Tiatia, Jemaima. "Commentary on ‘Cultural Diversity Across the Pacific’: Samoan Cultural Constructs of Emotion, New Zealand-Born Samoan Youth Suicidal Behaviours, and Culturally Competent Human Services." Journal of Pacific Rim Psychology 6, no. 2 (November 22, 2012): 75–79. http://dx.doi.org/10.1017/prp.2012.9.
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A recent special section on cultural diversity across the Pacific, in this journal, highlighted the need for greater alignment between human services and cultural diversity in the region. Alignment entails detailing a local context. Samoan cultural constructs of emotion, particularly anger and shame, may precede suicidal behaviours among New Zealand-born (NZ-born) Samoan youth. These behaviours can stem from perceived ruptures in family unity, as youth partly identify with majority norms. A barrier to integration faced by acculturating youth is that the young person either lives with the shame of their offence, or avoids it by taking their life. It seems Samoan cultural constructs of emotion must be considered in effective service delivery for this population. Consistent with the articles in the special section, suicide prevention should focus on developing culturally competent tools tailored for NZ-born Samoan youth, so they may communicate their feelings without fear of disrupting cultural prescriptions and expectations, as well as functioning successfully in both the Samoan and Western worlds. Although the point is discussed in relation to one special population in the Pacific region, it is consistent with an emergent theme in the special section and subsequent commentaries: the need to integrate and acculturate human services.
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Michalczyk, Łukasz, Oliver Y. Martin, Anna L. Millard, Brent C. Emerson, and Matthew J. G. Gage. "Inbreeding depresses sperm competitiveness, but not fertilization or mating success in male Tribolium castaneum." Proceedings of the Royal Society B: Biological Sciences 277, no. 1699 (June 16, 2010): 3483–91. http://dx.doi.org/10.1098/rspb.2010.0514.
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As populations decline to levels where reproduction among close genetic relatives becomes more probable, subsequent increases in homozygous recessive deleterious expression and/or loss of heterozygote advantage can lead to inbreeding depression. Here, we measure how inbreeding across replicate lines of the flour beetle Tribolium castaneum impacts on male reproductive fitness in the absence or presence of male–male competition. Effects on male evolution from mating pattern were removed by enforcing monogamous mating throughout. After inbreeding across eight generations, we found that male fertility in the absence of competition was unaffected. However, we found significant inbreeding depression of sperm competitiveness: non-inbred males won 57 per cent of fertilizations in competition, while inbred equivalents only sired 42 per cent. We also found that the P 2 ‘offence’ role in sperm competition was significantly more depressed under inbreeding than sperm ‘defence’ (P 1 ). Mating behaviour did not explain these differences, and there was no difference in the viability of offspring sired by inbred or non-inbred males. Sperm length variation was significantly greater in the ejaculates of inbred males. Our results show that male ability to achieve normal fertilization success was not depressed under strong inbreeding, but that inbreeding depression in these traits occurred when conditions of sperm competition were generated.
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Miladinović-Stefanović, Dušica, and Saša Knežević. "Removing legal deficiencies of final judgments." Zbornik radova Pravnog fakulteta Nis 62, no. 100 (2023): 73–92. http://dx.doi.org/10.5937/zrpfn0-47585.
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Once a court renders the final judgment, it sets in motion the procedure for the execution of the decision stated in the formal/operative part of the final judgment (disposition). The final judgment is the result of a meticulous factual reconstruction of the committed criminal act and the application of criminal law norms to the established facts. Being rendered in the final stage of the conducted criminal proceedings, the final judgment is the pinnacle of the institutional response to the suspicion that the defendant's conduct has satisfied the essential elements of a specific criminal offence. The right to file an appeal against the final judgment of the first-instance court ensures the judicial control of legality and regularity of the final judgment rendered in the first-instance proceedings. The appellate court decision is final, legally binding and enforceable. The harmful effects arising from the execution of a final and binding judgment (or legal deficiencies stemming thereof) may be removed only by a subsequent decision of the supreme court rendered in the proceeding initiated by lodging a claim for extraordinary legal remedies, in compliance with the legally prescribed procedure. The final judgment of a lower court may be annulled for factual or legal (substantive or procedural) shortcomings. This paper examines the deficiencies pertaining to the legal grounds of the final judgment.
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Olver, M. E., L. E. Marshall, W. L. Marshall, and T. P. Nicholaichuk. "A Long-Term Outcome Assessment of the Effects on Subsequent Reoffense Rates of a Prison-Based CBT/RNR Sex Offender Treatment Program With Strength-Based Elements." Sexual Abuse 32, no. 2 (October 26, 2018): 127–53. http://dx.doi.org/10.1177/1079063218807486.
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This article describes an evaluation of the effects of an early version (1991-2001) of Rockwood’s prison-based Cognitive Behavioral Therapy/Risk–Needs–Responsivity (CBT/RNR) sex offender program that had emerging elements of a strength-based approach. This program was implemented under contract to Correctional Service of Canada (CSC) and continued to evolve in response to emerging evidence until it closed in 2013. Thus, the program as evaluated here did not involve a fixed approach as did the comparison CSC program (hereafter referred to as SOTP). Long-term reoffense data, from Rockwood’s program ( n = 579), were compared with SOTP ( n = 625) and with a group of untreated men ( n = 107) sentenced for sex offenses. A modified brief actuarial risk scale (BARS-M) was used to control for baseline risk among the three groups, along with additional controls for age at release, victim type, and individual differences in the length of long-term follow-up period. Both treatment groups displayed lower rates of both sexual and violent reoffending when compared with the no-treatment offenders. Overall, the Rockwood program generated the lowest recidivism rates. The results demonstrate that prison-based sex offense–specific treatment can be effective. We discuss the strengths and limitations of the current design through the Collaborative Outcome Data Committee’s guidelines.
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Purssell, Roy A., Mark Yarema, Jean Wilson, Ming Fang, Richard Simons, Sharon Kasic, Riyad B. Abu-Laban, Jeffrey Brubacher, and Ioana Lupu. "Proportion of injured alcohol-impaired drivers subsequently convicted of an impaired driving criminal code offence in British Columbia." CJEM 6, no. 02 (March 2004): 80–88. http://dx.doi.org/10.1017/s1481803500009039.
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ABSTRACT Background: Alcohol is a frequent contributing factor to motor vehicle collision injuries. Our objective was to determine the proportion of intoxicated drivers hospitalized following motor vehicle crashes who were subsequently convicted of an impaired driving criminal code offence. Methods: We reviewed British Columbia Trauma Registry records from Jan. 1, 1992, to Mar. 31, 2000, and identified drivers of motor vehicles who were hospitalized for treatment of crash-related injuries. Patient identifiers were then used to link with the Insurance Corporation of British Columbia’s (ICBC) contraventions database and the ICBC Traffic Accident System collisions database. Results: Of 6067 patients identified in the Trauma Registry, 4042 had not been administered a blood ethanol test, 209 had no driver’s licence match in the relevant databases and 119 died, leaving 1697 eligible patients. Mean age was 34 years, and 79.6% were male. The average Injury Severity Score was 20, the average hospital stay was 14 days and, among ethanol-positive patients, the mean ethanol level was 34.0 mmol/L (156.4 mg/dL). In patients with levels >17.3 mmol/L, the police had listed ethanol as a contributing factor in 70.6% of cases. Despite this, only 11.0% were convicted of impaired driving and 8.4% of another criminal offence; 10.7% received a 24-hour roadside prohibition, 3.9% received a 90-day administrative driving prohibition and 25.0% were convicted of a contravention of the Motor Vehicle Act. Forty-one percent were not convicted of any offence at all. Conclusions: Intoxicated drivers in British Columbia requiring hospitalization as a result of alcohol-related motor vehicle crashes are seldom convicted of impaired driving or other criminal code offences.
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Smith, David J. "Less Crime Without More Punishment." Edinburgh Law Review 3, no. 3 (September 1999): 294–316. http://dx.doi.org/10.3366/elr.1999.3.3.294.
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At its best, criminology is a dialogue between theories of crime and evidence about behaviour and social practices. The purpose of the enterprise is to inform moral and political choices. A particularly important decision, which ought to be illuminated by criminological theory and evidence, is whether to punish more, or to use alternative methods of tackling crime. This article argues that it is possible to have less crime without more punishment. Comparisons between trends in crime and punishment in the United States and England and Wales between 1981 and 1994 show an association between changes in the crime rate and changes in the probability of punishment, given an offence. However, three lines ofargument can be developed against the proposition that changes in the probability ofpunishment caused changes in the crime rate. First, it is more likely that the causal arrow points the other way. Second, detailed causal mechanisms have not been adequately described, and there is little evidence to support any particular description. Third, trends in crime and punishment in Scotland do not fit well with the hypothesis. Crime survey results suggest there has been little increase in crime in Scotland since 1981, without any appreciable increase in the quantity or probability of punishment. The enormous post-war growth in crime in the developed world, and the subsequent reversal of this trend, are linked to a range offundamental social and economic changes, which have probably beenfar more influential than the criminaljustice system.
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Shagufta, Sonia, Daniel Boduszek, Katie Dhingra, and Derrol Kola-Palmer. "Criminal social identity and suicide ideation among Pakistani young prisoners." International Journal of Prisoner Health 11, no. 2 (June 15, 2015): 98–107. http://dx.doi.org/10.1108/ijph-06-2014-0018.
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Purpose – Suicidal behaviour is a common in prisoners, yet little is known about the factors that may protect against thoughts of ending one’s life. The purpose of this paper is to specify and test a structural model to examine the relationship between three criminal social identity (CSI) dimensions (in-group affect, in-group ties, and cognitive centrality) and suicide ideation while controlling for period of confinement, age, criminal friends, and offense type (violent vs non-violent). Design/methodology/approach – Participants were 415 male juvenile offenders incarcerated in prisons in Khyber Pakhtunkhwa Pakistan. A structural model was specified and tested using Mplus to examine the relationships between the three factors of CSI and suicidal thoughts, while controlling for age, offender type, period of confinement, and substance dependence. Findings – The model provided an adequate fit for the data, explaining 22 per cent of variance in suicidal thoughts. In-group affect (the level of personal bonding with other criminals) was found to exert a strong protective effect against suicide ideation. Originality/value – The research contributes important information on suicide ideation in Pakistan, an Islamic country in which suicide is considered a sin and subsequently a criminal offence. Results indicate that Juvenile offenders’ sense of shared identity may help to prevent the development of thoughts of death by suicide. Consequently, separating and isolating young prisoners may be ill advised.
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Lyashchenko, V. "Socio-legal conditioning of the differentiation of criminal responsibility for corruption offenses." Uzhhorod National University Herald. Series: Law 2, no. 80 (January 20, 2024): 62–69. http://dx.doi.org/10.24144/2307-3322.2023.80.2.9.
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The article states that it is advisable to consider the problem of social and legal validity of differentiation of criminal responsibility for corruption criminal offenses in two planes: external and internal.
In order to establish very specific restrictions on the use of incentive criminal law measures against persons who have committed corruption criminal offenses, the legislator needed an appropriate tool: the definition of the concept of corruption criminal offense subsequently. This is due to the separation in the General part of the Criminal Code of Ukraine of a group of corruption criminal offenses and the legal consequences of their commission, which constitutes, conditionally speaking, an “external” differentiation of criminal liability. There are also legal reasons for the “external” differentiation of criminal responsibility for a corruption criminal offense, since the concept of “corruption offense” is defined in the Law of Ukraine on Prevention of Corruption (Part 1, Article 1), and corruption crimes are generally conventional and have a relatively autonomous existence determined by the provisions of international law, those documents ratified by Ukraine.
The first step of the “internal” differentiation of criminal liability for corruption criminal offenses is determined by legal factors - the definition of the concept of “corruption” in the Law of Ukraine “On Prevention of Corruption”. The next step of “internal” differentiation is to take into account the types of special subjects of corruption criminal offenses and those spheres of social relations in which they participate and may abuse their powers or receive undue benefits. The reasons for such a differentiation seem to lie in the differences in the relations in which the above-mentioned special subjects are participants. The legislator, differentiating responsibility taking into account these spheres, firstly, determines the place of the article on the corruption criminal offense in the structure of the Special Part of the Criminal Code of Ukraine, and secondly, taking into account the importance of the relevant relations, constructs independent sanctions of criminal law norms.
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Slotvinska, Nataliіa. "On the issue of exemption from criminal responsibility in connection with reconciliation of the offender with the victim." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 40 (December 18, 2023): 348–51. http://dx.doi.org/10.23939/law2023.40.348.
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The article outlines that the norms of the current Criminal Code of Ukraine provide options for the possible post-criminal behavior of a person who has committed a criminal offense, which represent a legally significant action or inaction, or their combination, and which may subsequently affect the order and features of bringing the offender to criminal liability. Through the analysis of the current legislation, scientific achievements and judicial practice, the specifics of the release of the offender from criminal responsibility in connection with the reconciliation of the guilty party with the victim were clarified and summarized, in particular, the conditions were analyzed, in the presence of which, the offender may be subject to such release with dignity Article 46 of the Criminal Code of Ukraine. It has been established that the institution of exemption from criminal responsibility in connection with the reconciliation of the guilty party with the victim is an effective way of resolving the criminal-legal conflict that arose as a result of the commission of a criminal offense, and also allows for the rapid achievement of the tasks of criminal justice with the least resource costs for all participants of the criminal proceedings.
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Bouffard, Jeff A., and LaQuana N. Askew. "Time-Series Analyses of the Impact of Sex Offender Registration and Notification Law Implementation and Subsequent Modifications on Rates of Sexual Offenses." Crime & Delinquency 65, no. 11 (July 27, 2017): 1483–512. http://dx.doi.org/10.1177/0011128717722010.
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Sex offender registration and notification (SORN) laws were implemented to protect communities by increasing public awareness, and these laws have expanded over time to include registration by more types of offenders. Despite widespread implementation, research provides only inconsistent support for the impact of SORN laws on incidence of sexual offending. Using data from a large metropolitan area in Texas over the time period 1977 to 2012, and employing a number of time-series analyses, we examine the impact of the initial SORN implementation and two enhancements to the law. Results reveal no effect of SORN, or its subsequent modifications, on all sexual offenses or any of several specific offenses measures (e.g., crimes by repeat offenders). Implications for effective policy and future research are presented.
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Tanha, Robert. "The Availability of the Common Law Defence of Duress to Principals Charged with Murder: An Analysis of the Conflicting Appellate Decisions in R v Willis (TAW) and R v Aravena." Manitoba Law Journal 44, no. 4 (January 13, 2022): 136–77. http://dx.doi.org/10.29173/mlj1287.
Full textAbstract:
The topic of whether an accused charged as a party to murder can access the common law defence of duress has been a controversial subject in Canada. Unlike in Britain where the House of Lords in R v Howe categorically decided to deny the common law defence to all parties to the offence of murder, the law in Canada has been more hospitable to offenders charged with murder. Aiders and abettors and those charged under the common intention provisions of the Criminal Code of Canada are given access to the defence. The question of whether a principal to murder has access to the common law defence of duress has not yet been decided by the Supreme Court of Canada. In R v Aravena, the Court of Appeal for Ontario was inclined to the view that the defence be extended to principals to murder to give effect to the Charter principle of moral involuntariness. However, in a subsequent decision, R v Willis (TAW), the Court of Appeal for Manitoba refused to follow Aravena, finding that the denial of the common law defence of duress to principals to murder, as provided for in s. 17 of the Criminal Code, was constitutional, based on a proper understanding and application of the principle of moral involuntariness. The Supreme Court of Canada refused leave from the decisions in both Aravena and Willis, leaving the law of duress confused and unsettled as between these two appellate decisions. In this article, it will be argued that there are five reasons to prefer the holding in Aravena to the holding in Willis.
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Singer, Simon I. "Sentencing Juveniles to Life in Prison." Crime & Delinquency 57, no. 6 (January 23, 2011): 969–86. http://dx.doi.org/10.1177/0011128710396426.
Full textAbstract:
In Roper v. Simmons, the U.S. Supreme Court determined that the sentencing of juveniles to death violated the constitutional amendment against cruel and unusual punishment. Similarly, the Court most recently decided that life without parole for nonhomicide offenses is also unconstitutional ( Graham v. Florida, 2010). Part of the reason for the Court’s decisions is the lack of consensus as to the appropriateness of punishing juveniles as if they were adults. To examine the extent to which there is consensus as to the capital penalties for capital crimes, this article examines a population of young juveniles who were initially charged with murder, and then subsequently convicted in criminal court and sentenced to life in prison. As is the case with adults, not all juveniles were convicted in criminal court for their initial charge of murder. But unlike for adults, a proportion of eligible juveniles were adjudicated delinquent in juvenile court or received youthful offender in criminal court, resulting in a less severe sentence than a maximum of life in prison. The author suggests that this reduced set of sanctions, which a segment of juveniles receive, is substantive justice and the reproduction of juvenile justice. He found significant differences in the reproduction of juvenile justice by place and prior offense.
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Różycka-Jaroś, Sylwia. "Social and legal aspects of non-alimony towards children in Poland." Papers of Social Pedagogy 13, no. 1 (October 9, 2020): 67–87. http://dx.doi.org/10.5604/01.3001.0014.4353.
Full textAbstract:
Non-payment of alimony by parents for their children is a serious problem in Poland, which has negative social and economic consequences. It results in the inability to satisfy the necessary needs for their proper development and thus deprives them of prospects and a chance for a dignified life. This article begins by explaining the concept of non-alimony and presenting the scale of the phenomenon to gain awareness of the size of this social problem. In the following part, an analysis was carried out on the social aspects of non-alimony. This issue was described from the point of view of the situation of mothers who were forced to take over the entire burden of supporting their children, without the support of former partners. The consequences of the economic abandonment of children by one of the parents are also presented. The social aspect has also been discussed through the prism of the social campaigns conducted over the last few years to shape the correct attitudes of parents. Due to the fact that in Poland the phenomenon of non-alimony is considered primarily in the legal context, the subsequent part of the article presents a synthetic analysis in this respect. It focuses on the changes that the Polish legislator has introduced into the domestic legal system over the last 3 years. The discussion of this issue began with the offence of non-alimony regulated in Article 209 of the Penal Code, due to its amendment in 2017. It was supposed to become an effective tool to mobilise obliged parents to fulfil their obligation to support their children. Further amendments to the legislation were also reviewed in order to further improve the effectiveness of the enforcement of maintenance support.
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Gummi, Musa Fadama, and Mas’ud Bello. "Joking Relationship (Wasan Barkwanci) in Hausa: A Tool for National Integration in Nigeria." South Asian Research Journal of Arts, Language and Literature 5, no. 04 (July 11, 2023): 91–96. http://dx.doi.org/10.36346/sarjall.2023.v05i04.001.
Full textAbstract:
Joking relationships meaning; Wasan Barkwanci or Taubasantaka in the Hausa language is a Hausa term referring to different forms of joking relationships, a cultural phenomenon that is played both among the Hausa people and to some extent, their neighbors. Joking relationships in their simple form exist between people who share kinship relationships. Prior to the British conquest of Hausa states and the subsequent imposition of colonial rule in the early part of the 19th century, notable Hausa states waged interstate wars of conquest for territorial expansion and gaining access and control of trading routes, to further enhance their revenue drive and economic viability. The British however halted these wars as a result of which peace prevailed and this brought about stability among the states. During peacetime, a joking relationship sprung up between the people of the warring states. Culturally, practitioners of similar but different occupations do engage in jokes between themselves, each claiming superiority, prestige, and worthiness of their trade over another. Culture being a dynamic phenomenon, joking relations as it relates to trade groups, were shifted to incorporate people who undertake the practice of new occupations that were introduced as a result of the contact between the British overloads and their Hausa subjects. Hence, joking relationships exist between masons and carpenters, between drivers and People who transport goods using camel. The main feature of these joking relationships is that the persons who engage in it are automatically related to one another such that one is entitled to say and do things to another without offence, which ordinarily when said or done to a different person will generate quarrels and misunderstandings. This paper is an attempt to examine this cultural phenomenon and its efficacy in bringing about harmonious relationships and social integration of Hausa people and their neighbors, which if properly harnessed will bring about national integration.
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Ambrus, István, and Kitti Mezei. "The New Hungarian Legislation on Money Laundering and the Current Challenges of Cryptocurrencies." DANUBE 13, no. 4 (December 1, 2022): 256–68. http://dx.doi.org/10.2478/danb-2022-0016.
Full textAbstract:
Abstract Money laundering is one of the most important criminal offences today, perceived in the context of economic operation. Nevertheless, money laundering is a constantly changing phenomenon that is also influenced by the latest technological advancements. In this study, our aim is, after briefly outlining the phenomenon of money laundering, to review the new statutory definition(s) and those assessment criteria that may also be of significance for legal practice in this context from 2021 onwards in Hungary. Subsequently, we will describe the current challenges of cryptocurrencies regarding the new Hungarian and EU legislation on money laundering. The method we use is criminal law-dogmatic and retrospective analysis. The analysis concluded that the Hungarian legislator has significantly broadened the scope of money laundering, and a much wider spread of this offence is predicted for the future.
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Coid, Jeremy, Nicole Hickey, Nadji Kahtan, Tianqiang Zhang, and Min Yang. "Patients discharged from medium secure forensic psychiatry services: reconvictions and risk factors." British Journal of Psychiatry 190, no. 3 (March 2007): 223–29. http://dx.doi.org/10.1192/bjp.bp.105.018788.
Full textAbstract:
BackgroundTreatment within medium secure forensic psychiatry services is expected to reduce risk to the public.AimsTo measure the period prevalence and incidence of offending following discharge and identify associated risk factors.MethodFollow-up of patients from 7 of 14 regional services in England and Wales who spent time at risk (n=1344) for a mean of 6.2 years. Outcome was obtained from offenders index, hospital case-files and the central register of deaths.ResultsOne in 8 men and 1 in 16 women were convicted of grave offences. Incidence rates indicated low density and most patients were not subsequently convicted. Offence predictors included gender, younger age, early-onset offending, previous convictions and a comorbid or primary diagnosis of personality disorder. Longer in-patient stay and restriction on discharge were protective.ConclusionsRisks of reoffending remain for a subgroup of discharged patients. Future research should aim to improve their identification and risk management following discharge.