Female repeat offenders negotiating identity

This study examines the process of identity negotiation for Israeli female ex-convicts who were separated for extensive periods of time from their children and eventually lost custody over them. The content analysis of in-depth interviews reveals that these women were able to reconstruct their biographies and retrospectively account for their crimes and drug addiction in terms of the sexual, physical, and economic abuse they had endured and by appeal to higher loyalties, their children who they had to provide for. However, when having to account for their fallings as mothers, all biographical reconstruction, external blame, and accusation collapsed. Looking at themselves through their children's eyes, female offenders were simply unable to renegotiate the imputed identity of incompetent mother. They could neither confront their children's anger nor explain to them why they had abandoned them. Permanently alienated from the center of motherhood, these women were doomed to an existential chaos.     

A cognitive therapy treatment program for repeat DUI offenders

Driving under the influence is a devastating problem in the United States, killing almost 17,000 people in 2005. The present article describes a cognitive treatment program aimed at repeat drinking and driving offenders. Sixty-three participants were court mandated to the four-month outpatient treatment program. Before entering and after completing treatment, participants were administered self-report instruments measuring alcohol problems, readiness to change, self-esteem/efficacy, and criminal thinking patterns. Additionally, arrest histories were examined. Findings suggested that participants were characterized not only by repeated arrests, but elevated blood alcohol content and high levels of self-reported alcohol dependency and problem-drinking behaviors. The majority of clients expressed a readiness to change their drinking and driving behaviors with 87 percent graduating from the program. A DUI recidivism rate of 13 percent was found for graduates of the program at a twenty-one month follow-up. The results demonstrate that the treatment program is a valuable tool in the battle to reduce criminal recidivism.     

COBRA's draconian penalties.

In June 1987 the Internal Revenue Service issued proposed regulations clarifying the penalties to be imposed for noncompliance with the Consolidated Omnibus Budget Reconciliation Act (COBRA). These regulations met with ardent objections from employers because of the scope of the sanctions. Not only does a noncomplying employer lose its tax deduction for health plan contributions, for example, but so does any successor employer or member of a multiemployer plan to which the offending employer belongs. The IRS has also been criticized for neglecting to differentiate in the regulations between significant and minor violations and for neglecting to define what it means when it refers to a violation being corrected. In the following article the author explores these problems and their effect on employers as well as Congress's recent efforts to ease the COBRA penalty burden.     

Assessing the public's demand for hate crime penalties

In this article, we analyze responses from a nationally representative sample of American adults to determine public attitudes toward punishment for hate crimes. While attitudinal polls find strong support for hate crime laws, criminological research provides reasons to believe that this support may be weaker than assumed. Our findings suggest that, while there is minimal public support for harsher penalties for offenders who commit hate crimes, attitudes toward punishment, treatment, and minority rights are predictive of preferences for differential treatment of hate crime offenders. We discuss possible implications of these results in our conclusion.     

Annullable bonuses and penalties

An annullable penalty is a sanction that is applied unless monitoring takes place and the agent is found non-shirking. An annullable bonus is a bonus that the agent receives unless he has been monitored and found shirking. Annullable penalties and bonuses stand in contrast with normal penalties and bonuses, which are only applied if monitoring has taken place. While real-life examples of annullable penalties are rare (an example is a sanction for which the burden of proof is reversed), there is a clear and oft-discussed example of annullable bonuses: efficiency wages. Under efficiency wages all employees receive a bonus (an overpayment), except for those who have been monitored and found shirking.This paper analyzes under what conditions annullable bonuses or penalties make economic sense. On the one hand, annullable bonuses and penalties have a degree of ineffectiveness that is absent in their normal counterparts: the penalty paid by or the bonus paid to non-monitored agents does not improve their incentives. Not only does this ineffective part make the expected sanction or bonus higher than necessary but it also creates an implicit tax on low monitoring levels and hence distorts monitoring choices. On the other hand, the annullable variants may change the ex post incentives of the agents (to come up with evidence) and the principal (to monitor as promised). As a result, annullable bonuses (such as efficiency wages) can be rational choices when the principal cannot credibly commit to paying bonuses with a certain probability, and annullable penalties can make sense when the agent needs an incentive to reveal information.     

Civil money penalties: procedures for investigations,imposition of penalties,and hearings. Interim final rule; request for comments

This interim final rule establishes rules of procedure for the imposition, by the Secretary of Health and Human Services, of civil money penalties on entities that violate standards adopted by the Secretary under the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). We intend that this be the first installment of a rule that we term the "Enforcement Rule." The Enforcement Rule, when issued in complete form, will set forth procedural and substantive requirements for imposition of civil money penalties. In the interim, we are issuing these rules of procedure to inform regulated entities of our approach to enforcement and to advise regulated entities of certain procedures that will be followed as we enforce the Administrative Simplification provisions of HIPAA.     

Juvenile offenders

LL.B., Leeds University 1955; LL.M., University of Singapore 1963.     

Civil money penalties: procedures for investigations, imposition of penalties, and hearings--extension of expiration date. Final rule

An interim final rule establishing procedures for the imposition, by the Secretary of Health and Human Services, of civil money penalties on entities that violate standards adopted by the Secretary under the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was published on April 17, 2003. The interim final rule expires on September 16, 2005. This regulatory action extends the expiration date to March 16, 2006 to avoid the disruption of ongoing enforcement actions while HHS completes with rulemaking to develop a more comprehensive enforcement rule.     

Russian Federation: penalties eased for possession of illegal drugs

In November 2003, after long deliberations, the Russian Parliament passed a bill amending the national Criminal Code to differentiate between the liability for possession of illegal drugs for drug users and for drug traffickers. The reforms involved redefining the terms "large" and "extra-large" with respect to the quantities for possession and trafficking of illegal substances. (There is no criminal liability for possession of less than a large amount.) On 16 December 2003, the new bill was enacted into law.     

Online solicitation offenders are different from child pornography offenders and lower risk contact sexual offenders

The current study compared 38 lower risk (based on actuarial risk assessments) men convicted of contact sexual offenses against children, 38 child pornography offenders, and 70 solicitation offenders (also known as luring or traveler offenders). Solicitation and child pornography offenders were better educated than contact offenders but did not differ on other sociodemographic variables. In comparison to child pornography offenders, solicitation offenders had lower capacity for relationship stability and lower levels of sex drive/preoccupation and deviant sexual preference. Solicitation offenders were also more problematic than lower risk contact offenders on sex drive/preoccupation and capacity for relationship stability and had greater self-reported use of child pornography. Differences between groups on two actuarial risk measures, the Static-99 and the VASOR, were inconsistent. This study suggests that solicitation offenders differ in meaningful ways from lower risk contact offenders and child pornography offenders and, consequently, in risk, treatment, and supervision needs. (PsycINFO Database Record (c) 2012 APA, all rights reserved).     

In-prison treatment for sexual offenders in Taiwan

The present study was designed to investigate the current status of mandated treatment in prison for sexual offenders in Taiwan. The information-gathering methods were composed of two parts: questionnaires and interviews. The results showed the difficulties of mandated treatment in prison, including poor client adherence, the lack of consistent disciplines for the therapists, a standardized algorithm, and explicit laws and rules, the safety concerns of the therapists, and a shortage of staff. The development of mandated treatment in prison of sexual offenders in Taiwan is still in its early stage, and the treatment models have not yet been integrated. A cooperative and collaborative center for the mandated treatment in prison of sexual offenders and an integrated rule and treatment model should be set up in the future.     

论资格刑的刑罚正当性

文章拟从刑罚的价值基础出发,对我国刑法中规定得不是十分完备的资格刑进行重新的审视和分析,解读了报应根据、功利根据、资格刑的人道性根据和经济性根据,以期寻求资格刑的正当性根据,从认识论的角度溯求资格刑的刑罚理性.     

Predictive accuracy of static risk factors for Canadian Indigenous offenders compared to non-Indigenous offenders: implications for risk assessment scales

ABSTRACT

The over-representation of Indigenous offenders in Canadian prisons highlights the importance of research on the generalizability of potential static risk factors for this group. The current investigation examined whether 87 static indicators currently assessed in Canadian federal prisons were differentially present and related to outcomes (revocations, general recidivism, and violent recidivism) for Indigenous (n?=?1500) and non-Indigenous (n?=?6684) male federal offenders. The follow-up was eight months for revocations and five years for any/violent recidivism. Indigenous offenders scored significantly higher risk than non-Indigenous offenders on the majority of the indicators (particularly criminal history indicators). Generally, most criminal history indicators and some offence severity indicators predicted revocations, general, and violent recidivism for Indigenous offenders; however, several of the indicators had significantly lower accuracy for Indigenous offenders (particularly criminal history indicators). Overall, Indigenous offenders are a higher risk population and several static risk indicators do not perform as well for this group as for non-Indigenous offenders. Nonetheless, there were numerous static indicators that did predict outcomes for Indigenous offenders. The current findings suggest that it is possible to meaningfully assess static risk for recidivism among Indigenous offenders.