Psychiatric and Forensic Differences Between Men Charged with Sex Offences and Men Charged with Other Offences

Studies on differences between individuals convicted of sexual offences and nonsexual offences are sparse and there is an on-going debate as to whether sexual offenders differ from other offenders. The primary aim of this study was to determine demographic characteristics, prevalence of mental disorders, alcohol and drug use at the time of the crime and the criminal responsibility of individuals charged with sexual offences, compared to nonsexual crimes, with the aim of bringing awareness to the similarities and differences between men charged with sex offences and those charged with other crimes. This is a single-institution retrospective study of subjects charged with sexual offences and sent for institutional psychiatric evaluation to a Forensic Psychiatric Centre in an urban, academic, tertiary-care center. The control group consisted of individuals charged with nonsexual offences referred to the same center. Results showed significant differences between individuals charged with sexual offences and nonsexual offences. Men charged with sex offences more frequently committed their crimes alone and victimized children equally as often as adults. They also less frequently pleaded guilty in court. They were more likely to be abused in childhood and more often had antisocial personality disorder and paraphilias and less often substance-related disorders. The majority were considered criminally responsible. Our results show that sex offenders are different from nonsex offenders in many characteristics of their personal history, offence characteristics and forensic evaluations and these particular differences warrant different approaches to the prevention of future re-offending, compared to nonsex offenders.     

Crime Trends in Western Europe from 1990 to 2000

This paper analyses the evolution of police recorded crime rates for nine offences (intentional homicide, assault, rape, robbery, theft, vehicle theft, burglary, domestic burglary, and drug offences) over the period 1990–2000 in 16 Western European Countries. The analysis shows that there was an increase in drug and violent offences, while property offences reached a peak at the beginning of the 1990s and started decreasing afterwards. The evolution of property offences can be related to the emergence of a large black market for stolen goods in Central and Eastern Europe at the beginning of the time series, while by the end of it that market was saturated and there had also been a reinforcement of police measures in the frontiers and of security measures in Western European households. The increase in drug offences is correlated to the rise of drug use in Europe shown by other indicators, and can be related to an increased availability of drugs in European markets. Finally, the upward trend in violent offences can be explained partially by gang struggles over the control of illegal markets and by the consolidation of problematic neighbourhoods, but seems also due to a large extent of increase in the reporting of violent offences by their victims and the recording of such offences by the police. The analysis shows that opportunity-based theories provide a satisfactory explanation of the trends in recorded crime, and that the crime opportunities are heavily influenced by socio-economical factors.Versions of this paper were presented at the 3rd Annual Conference of the European Society of Criminology (Helsinki, August 27–30, 2003) and at the Societies of Criminology 1st Key Issues Conference (Paris, May 13–15, 2004). The paper was written during a stay at the Max Planck Institute for Foreign and International Criminal Law (Freiburg imBreisgau, Germany) made possible through the support of Swiss National Science Foundation     

Corporations and the Presumption of Innocence

Corporate behaviour is often regulated through the criminal law by means of reverse onus offences. Such offences are alleged to involve violations of the Presumption of Innocence. Such allegations almost always assume natural persons as defendants. The arguments supporting reverse onus offences are typically instrumental, to do with the importance of the social goals promoted and the ease of proof. The Presumption of Innocence is taken to be an autonomy right of natural persons and so not subject to being sidelined for reasons of law enforcement expediency. Corporations, however, are not natural persons: they have no autonomy right not to be treated as means. It may well be, then, that reverse onus offences are justified in the case of corporate defendants. I argue that the Presumption is not violated by such offences in the case of corporate defendants. I develop a broad concept of the criminal justice system as an allocative system, and argue that reverse onus offences properly allocate the burden of proof for corporations. Specifically, I argue that the normative demand for legal innocence is sufficiently met by the availability of a due diligence defence; that the responsibility of corporations when prohibited harms occur is properly a form of outcome-responsibility; and that taking into account issues of reciprocity, legitimacy and power reverse onus offences justly allocate the burden of proof in the case of corporate defendants.     

Criminal and alcohol problems among Swedish drunk drivers--predictors of DUI relapse

The prevalence and types of crime offences, as well as predictors of relapse, among drivers suspected of driving under influence (DUI) were investigated. A total of 1830 Swedish DUI drivers responded to the Alcohol Use Disorders Identification Test — AUDIT. Information about previous DUI offences, other traffic offences along with other types of criminal offences was taken from a crime register. A total criminality (including all traffic offences) of 64% in the period of five years before investigation was analyzed. 40% of the sample had other criminality besides traffic violations during that period. 14.3% of the drivers relapsed to DUI in the two-year period after the investigation. In terms of DUI relapse, the following factors were the main predictors: previous traffic violations, previous DUI offences, previous other criminality (frauds or other acts of dishonesty) and detection hours between 12.00 and 19.00. Detection in general traffic controls and high BAC (blood alcohol concentration) when detected were the strongest factors with negative correlation to DUI re-offence.     

Diurnal relations of criminal behavior

In order to study the correlation between criminal acts and time of day about 900 police reports which covered a period of eight weeks were analyzed. The analysis of 561 reports which have been usuable for evaluation showed that offences against property (theft, burglary) predominantly occur during the day. The activity of burglars more often then the thieves' one goes over into the night. Aggressive offences (including robbery) are mainly observed in the evening and at night. The activity of robbers more often than the ordinary aggressive offenders' one goes over into the next morning. Alcoholic intoxication hardly occurs with offences against property but is significant as far as aggressive offences are concerned. However the day-time variation of occurrence of aggressive offences without intoxication is similar to that of intoxicated offenders.     

The Case for a Rational Reconstruction of Consent in Criminal Law

This article argues for consistency in criminal law and the need for 'rational reconstruction' of the law where necessary to achieve this. It focuses Parliament's failure to respect the need for consistency by passing a statutory definition of consent in the Sexual Offences Act 2003 which appears to apply only to sexual offences. As a result, the law on consent risks being a patchwork of statute and ad hoc case law, without any overarching principle to deal with new situations and different offences. The consequent lack of certainty, accessibility, predictability and fairness is compared to the standards of the European Convention on Human Rights. The statutory definition of consent in the context of the sexual offences is assessed critically as a model which could be used in offences against the person and property offences. The article concludes that until Parliament responds to the need for certainty and consistency by legislating on consent, there can be no rational reconstruction of consent under the Sexual Offences Act 2003.     

Comparing persons found not criminally responsible on account of mental disorder for sexual offences versus nonsexual violent offences

Using data from the National Trajectory Project, we compared 50 individuals found Not Criminally Responsible on account of Mental Disorder (NCRMD) for sexual offences with 50 age- and gender-matched individuals found NCRMD for nonsexually violent offences. We also described the concurrent offenses, the symptoms at the time of the offense and the characteristics of the victims of offenders found NCRMD for sexual offences. Persons found NCRMD for sexual offences were less likely to be employed and were significantly younger at time of first psychiatric contact, but did not differ in other sociodemographic characteristics, other aspects of their psychiatric histories or in criminal history. Despite no differences in recidivism and no differences in behaviours between Review Board hearings when adjusting for unequal time at risk, persons found NCRMD for sexual offences had longer tenures under a Review Board mandate than persons found NCRMD for nonsexually violent offences. Given the many similarities between the two groups, this finding suggests that Review Boards may be unnecessarily conservative in how they manage sexual offenders.     

The Death Penalty in Singapore: in Decline but Still Too Soon for Optimism

Singapore is one of the few countries in the world which still imposes the death penalty for certain criminal offences. Until recently, it was the mandatory sentence for murder, drug trafficking and use of firearms—and it is these three offences which comprise nearly all of the executions in Singapore. This article examines the use, historical origins and recent legislative and judicial developments in the death penalty in Singapore. While the number of executions has fallen to very low levels in recent years and changes to the law relating to the mandatory death penalty in murder and drug offences have been made, it is the opinion of the author that the death penalty will continue to be used in Singapore in the foreseeable future.     

Do daily newspapers of former West and East Germany cover crime in a different way?

The question investigated in the presented paper is whether crime is discussed differently in the media of former East and West Germany, how it is weighted and whether the real crime situation provides an explanation for any differences in press coverage. The study showed that there are no significant differences in the press coverage and that violent crime is not overrepresented. Coverage of offences like robbery, damage to property, sexual assaults or bodily injury, which are also categorized as violent crime, was of average frequency, so that again there was no overrepresentation in the newspapers of the two cities compared in this study (Stuttgart and Dresden). Surprisingly, sexual offences such as rape or sexual abuse played a minor role in the daily newspapers. Further interesting results of the analysis were that offences in the field of "intelligent crime" (e. g. white-collar crime) were of no importance in the print media, whereas the number of reports on crimes for which the general public assumes a higher probability to become a victim itself (e. g. burglary and robbery) was disproportionately high in relation to the recorded number of cases. Reports on drug offences played a more important role in the newspapers analyzed by us than violent crime.     

Birth order and youth delinquent behaviour testing the differential parental control hypothesis in a french representative sample

Studies on delinquent behaviour have frequently shown that firstborn children are less involved in delinquency than middle-born children. We suggest that differential parental control of the children depending on their ordinal position might account for this phenomenon. The study, carried out with a French representative sample (n=1129), indicated that firstborns were more supervised than middle-borns. Firstborns reported less minor offences and serious offences than middle-born children. However, when sibship size and parental supervision were controlled in a subsequent analysis of covariance, the effect of ordinal position on serious offences disappeared, whereas the birth-order effect on minor offences declined but remained significant. It is concluded that ordinal position plays a moderate role in delinquent behaviour and that this effect is partly induced by differential parental control.     

Does punishment of minor sexual offences deter rapes? Longitudinal evidence from France

Using original French panel data, this paper investigates the relevance of the broken windows theory in case of an offence category featured by the absence of monetary benefits. Estimates from random and fixed effects models highlight the deterrent effect of sanctions for rapes and minor sexual offences. The enforcement activity of rapes is the most deterrent factor both for rapes and other sexual offences, compared with the rapes- and minor sexual offences-reducing impact of an increase in the enforcement activity for minor sexual offences. Our results cast doubt on the broken windows theory. From a normative perspective, it would be more efficient to deter the authors of rapes rather than those of less severe sexual offences.     

Testing the impact of group offending on behavioural similarity in serial robbery

Behavioural case linkage assumes that offenders behave in a similar way across their crimes. However, group offending could impact on behavioural similarity. This study uses robbery data from two police forces to test this by comparing the behavioural similarity of pairs of lone offences (LL), pairs of group offences (GG) and pairs of offences where one crime was committed alone and the other in a group (GL). Behavioural similarity was measured using Jaccard's coefficients. Kruskal–Wallis tests were used to examine differences between the three categories within the linked samples. No statistically significant differences were found for linked GG compared to linked LL pairs. However, differences emerged between GL and the other categories for some behaviours (especially control) suggesting caution should be applied when linking group and lone offences committed by the same perpetrator. Differences between linked and unlinked pairs were assessed using receiver operating characteristic. The results suggest it is possible to distinguish between linked and unlinked pairs based on behaviour especially within the GG and LL categories. There were, however, fewer significant findings for the GL sample, suggesting there may be issues linking crimes where the offender commits one crime as part of a group and the other alone.     

Is overpunishment fairer than underpunishment? Perceptions of deviations from equity

Abstract

Three studies are presented which test hypotheses derived from Equity Theory, Prospect Theory and the principle of Diminishing Marginal Value with regard to preferences for overpunishment and underpunishment in the assignment of penalties to offences of varying severity. The first two studies showed that, with different subject samples, offences, and kinds of punishments, subjects indicated a marked preference for over-punishment rather than underpunishment, when both over punishment and under-punishment deviated from ideal, or equitable, punishment to the same degree. However, the effect was only apparent for serious offences. A third study showed that the overpunishment preference for a serious offence existed even when the overpunishment deviated 30% more from ideal punishment than underpunishment, but again no preference was shown' for the less serious offence. As the results cannot be readily explained in terms of any of the three explanatory principles, a possible explanation in terms of concept of negative reciprocity is advanced.     

The development of a filter model for prioritising suspects in burglary offences

Abstract

This paper discusses the development of a filter model for prioritizing possible links in dwelling burglary. The filters utilize the central aspects of crime scene information that is available and accessible to investigators in burglary, namely geo-spatial, temporal, behavioural, and dwelling information. The proposed filters were analysed using a sample of 215 dwelling burglaries committed by 43 serial burglars (i.e. 5 offences each) in order to determine the sequence in which the filters should be considered in prioritizing possible linked offences. The results indicated that the following order (i.e. better performance to worse performance) was most effective at linking offences, utilizing: (1) geo-spatial information, (2) temporal aspects, (3) behavioural information and, lastly, (4) dwelling characteristics. Specifically, the results indicated that offences in close proximity to one another should be given priority. Further, any offence occurring within a 28-day span before or after the index offence should be given priority. The paper argues that behavioural and dwelling characteristics are less effective for linking than geo-spatial and temporal information because the former two aspects are influenced significantly by situational and contextual cues on offender decision-making.     

Different Paradigms in the 2007 and 2019 Definitional Reforms of Sexual Offences Under the Thai Penal Code: A Unique Development

This article analyses the definitional reforms and re-categorisation of sexual offences under the Thai Penal Code in the period of 13 years, namely, the 2007 and 2019 amendments. The incidents are of uniqueness as the 2007 amendment shared much resemblance with jurisdictions that have departed the original meaning of rape and attempted to re-conceptualise sexual offences, whereas the 2019 amendment shared much similarities with jurisdictions that decided to retain the original meaning of rape and categorise other serious sexual offences in other names. The article argues that, apart from accounts based on criminal law principles, the two definitional revisions had been carried out in the environments of different legal culture and social values in the Thai legislative bodies. It appears that the 2007 amendment followed a feminist perspective that emphasises the harm of sexual offences to bodily/sexual integrity as a state for individuals to realise their personhood, while the re-categorisation of sexual offences in the 2019 amendment (1) suggests a greater role of the feminist perspective in another camp that views penile-penetration inherently differs from non-penile penetration and (2) implies that the law continues, to a certain extent, regulating sexuality since the 2019 amendment used the reason of “naturalness” of sexual intercourse to distinguish between penile penetration and non-penile penetration.

     

Crimes and Security

This essay considers the role that the value of security might play in criminalisation. While endorsing security as a legitimate rationale for the creation of a criminal offence, it examines some existing offences that are created or structured in a particular way for security reasons. This is done through a two‐stage analysis. Stage one considers the consequences of adopting an offence or offence definition if it was interpreted ideally and complied with perfectly. Stage two considers how we can expect the offences to operate in the real world given imperfect compliance and non‐ideal interpretation.     

Forest offences in 21st Century Turkey (with the example for the offender and trial period of illegal use of the forests in Istanbul)

Turkey's forests are under supervision and control of the state. The applicable Forestry Law decides which acts would be considered as forest offences and the punishment for them. In the study, the acts described as crimes have been explained by considering them within the framework of criminal law. Misdemeanors have been excluded and only crimes have been examined. Major forest offences have tried to be explained through statistical data and information related to perpetrators of the crime; the trial period and court judgments have been presented as a result of file observations in İstanbul. It has been observed that the increase in forest offences in Turkey changes depending on the country's economic structure and the changes in legislation. These offences have also been found to be in decline as of late. It can be stated that adjudications have been concluded more immediately. However, there are still doubts about the penalties' not being deterrent enough.     

The effects of the second Intifada,terrorist acts,and economic changes on adolescent crime rates in Israel: A research note

Designed as a field quasi-experiment, this study analyzes the differences in Jewish adolescent crime rates before and after the inception of the second Intifada (September, 2000). Data covers the years between 1996 and 2003. The study focused on the relationship between the number of terrorist acts, the number of deaths in these acts, economic changes, and crime rates (murder, manslaughter, assault, mugging and robbery and property-related). The findings of the study were analyzed in terms of current theories on the impact of social and security-related stress on adolescents. The results show that the second Intifada has had significant effects on male adolescent crime rates. In particular, the number of terrorist acts was significantly associated with the following offences: assault, robbery, and manslaughter. No significant differences were found for adolescent female crime rates. Economic changes were significantly negatively related both to male adolescent crime for all the offences studied, as well as to property-related female offences.     

Is There a Crime Drop in Western Europe?

Combining data from police statistics and crime victim surveys, this article analyses the evolution of crime in Western Europe from 1988 to 2007. The results show that there is no general drop in crime. Property offences and homicide have been decreasing since the mid 1990s, while violent and drug offences have increased during the period under study. These trends highlight the limits of the explanations to the crime drop in the United States, which are based on the premise of a correlation in the evolution of all offences. The drop in property offences seems related to changes in the socioeconomic situation in Europe as well as to increases in security measures in households, and the reinforcement of private security. The increase in violent offences can be explained by the combination of several factors, including changes in youth’s free time provoked by the development of the Internet, changing demographics, and the rise of episodic heavy alcohol consumption and street gangs.     

The Denial of Procedural Safeguards in Trials for Regulatory Offences: A Justification

Regulatory offences are a complex phenomenon, presenting problematic aspects both at the level of criminalisation and at the level of enforcement. The literature abounds in works that study the phenomenon. There is, however, an aspect that has remained largely unexplored. It concerns the relationship between the regulatory framework within which the crime occurs and the procedural safeguards that defendants normally enjoy at trial or at the pre-trial stage: defendants tried for regulatory offences are often denied safeguards that are generally considered as important constituents of trial fairness. Relying on a new conceptualisation of regulatory offences, this paper advances a theory that justifies these exceptional rulings.