Attrition and Conviction Rates of Sexual Offences in Europe: Definitions and Criminal Justice Responses

The “loss” of cases within the criminal justice chain, especially from police to conviction level is known as attrition – a phenomenon that can be observed in every criminal justice system and for every offence type. But is this attrition particularly strong for sexual offences as theories based on the so-called “rape myths” suppose? This question is dealt with by this paper; it studies the different conviction ratios of sexual offences in Europe and tries to evaluate the resulting findings. The data presented are based upon the work done by the expert group for the European Sourcebook (ESB) of Crime and Criminal Justice Statistics and a special EU-funded project on "Defining and Registering Criminal Offences and Measures, Standards for a European Comparison". In order to gain a basis for comparison, the differences between the national legal concepts and definitions are discussed. Then attrition and conviction rates (understood as the ratio of suspected to convicted persons) are examined, firstly for different crime types in order to show the relative importance of attrition in the field of sexual offences, secondly with a special focus on rape, sexual assault and sexual abuse of minors in some European countries. Beyond these mere statistical data the question whether there are particular reasons for the selection process in cases of sexual offences is raised.     

The Comparability of Data on Convictions and Sanctions: Are International Comparisons Possible?

This article looks at the availability of data on convictions and on sanctions and measures in European countries, on the basis of the European Sourcebook data. It emphasises the limitations in the use that can currently be made of this data, although it has a wide potential in helping to understand criminal justice policy. The differences are, for instance, to be found in offence definitions, statistical rules, and political changes. Moreover the data collection for the Sourcebook on the four categories of sanctions/measures (fines, non-custodial sentences, suspended custodial sentences and unsuspended custodial sentences) was sometimes difficult. Attention is paid to the information collected, the comparability and, as an illustration, to three specific offences (completed homicide, rape and all thefts). The conclusion is that wide differences exist in the level of convictions found and the use of sanctions by the courts. Such differences will reflect both different levels of criminality, diversion away from the courts but also different recording practices. However, even with these caveats what is available does provide a useful starting point in identifying countries on which further research may be carried out.     

Influences on the Prisoner Rate: Number of Entries into Prison, Length of Sentences and Crime Rate

On the basis of the data contained in the European Sourcebook, this article tries to answer the question: 'What influences the prisoner rate most? The number of entries into prison, the length of sentences, or the crime rate?' The authors show that the crime rate is absolutely not correlated with the prisoner rate. The latter depends principally on the length of the imposed custodial sanctions and secondly on the number of those imposed prison sentences. Nevertheless, there are some indications suggesting that these results could be different from one type of offence to another. Unfortunately, this hypothesis could not be tested on the basis of the European Sourcebook data.     

Trends in the Reaction on Crime in Criminal Justice Systems in Europe in 1990–2007: A Comparison of Four European Regions

Recorded crime and prison populations seem to be increasing in Europe. Some explanations for this situation can be related to changes in the reaction on crime by the Criminal Justice Systems. The information collected in the European Sourcebook of Crime and Criminal Justice Statistics (ESB) provides a good opportunity to look in more detail at the changes in the various stages of the Criminal Justice Systems in more than 40 European countries over the period 1990 to 2007. In this study we look mainly at the changes over time of recorded crimes, the offender ratio, the conviction ratio and punitivity in Europe where the countries are clustered into four regions: North/West, South, Central and East Europe. It was found that the increase in the number of recorded drug crimes and a possible higher priority for violent crimes could help explain the increase in recorded crimes during the last two decades. The Criminal Justice Systems in Europe, with some differences between regions within Europe and despite not having more police resources, succeed in finding more offenders. The conviction ratio appeared to be increasing as well, mainly in Central Europe. While punitivity for Europe as a whole is stable, there are vast differences in the levels and trends between the regions.     

The European Sourcebook of Crime and Criminal Justice Statistics: A New Tool in Assessing Crime and Policy Issues in Comparative and Empirical Perspective

Theories which suggest a relationship between crime or criminal justice variables on the one hand, and variables related to criminal justice policies on the other hand, cannot be tested without reference to historic or comparative data. Since international comparisons offer the most powerful test of such theories, policy-related research in Europe has suffered, so far, from a lack of valid comparative data. Whether crime data from different countries are comparable, has always been subject to controversies. In the case of the European Sourcebook of Crime and Criminal Justice, a network of specialists was established under the auspices of the Council of Europe in order to assess the validity of the data. Although some problems in cross-country level comparisons could not be settled, the European Sourcebook offers comparative data on 36 Member States of the Council of Europe on a variety of subjects (offences and offenders known to the police; prosecution, convictions, sentences, and corrections; survey data; and indications on manpower and budgets of police forces, prosecutors, and corrections).     

Crime Trends in the EU

The paper’s aim is to show to EU policy makers, academics, journalists and the general public what the available information tells us about crime levels, trends in crime and public opinion about crime among Member States. The paper centres on an analysis of current trends on crime levels and trends based on the data available both from victimisation surveys and police statistics. The victimisation survey source is the published data collected in the International Crime Victimisation Survey. A separate analysis based on the Eurobarometer was also carried out. Data on police statistics present two separate sources i.e. the Council of Europe Sourcebook and the crime data published annually by the UK Home Office. These two sources both add considerable value to the raw police statistics by their choice of data, their commentary and their technical explanations and definitions. The paper compares data on three crime types (robbery, domestic burglary and theft of a motor vehicle) across the 15 Member States of the European Union (as in 2003). These three types were selected in line with the priorities of the EU Commission and as types of crime that are a major concern for EU-citizens. The paper has been modified from a report produced by the European Crime prevention network for the EU Directorate of Justice and Home Affairs with the permission of the EU. The members of the network are listed in the appendix.     

Prosecution in Europe: Varying Structures, Convergent Trends

Chapter 2 of the European Sourcebook attempts to show the differences as well as the common features of the prosecution services of the Council of Europe Member States. In order to do so the following five categories of statistics were collected: the total number of cases the prosecuting authority recorded as having been dealt with within a particular year; the number of cases brought before a court; the number of cases dropped; the number of cases dropped conditionally; the number of cases ended by the imposition of a sanction. The prosecution statistics of the European countries studied vary because of differences in the input structures. They are also affected by variations in output structures. These are determined by the powers that the prosecution authorities themselves possess. These variations between the prosecution systems within Europe cause significant differences in the resulting statistics and must be borne in mind when analysing the European Sourcebook data.     

Homicide-suicide and other violent deaths: an international comparison

Homicides followed by the suicide of the perpetrator constitute a serious form of interpersonal violence. Until now no study has directly compared homicide-suicides to other violent deaths from multiple countries, allowing for a better understanding of the nature of these violent acts. Using country-specific data, this study describes and compares the incidence and patterns of homicide-suicide as well as the relationship between homicide-suicide, homicide, suicide and domestic homicide in the Netherlands, Switzerland and the United States. The results indicate that cross-nationally, homicide-suicides are more likely than other types of lethal violence to involve a female victim, multiple victims, take place in a residential setting and to be committed by a firearm. Although homicide-suicides display many similarities across the different countries, differences exist regarding age and the use of firearms in the offence. This study indicates that homicides followed by suicides differ from both homicides and suicides in similar ways internationally. Cross-national differences in the availability of firearms may explain the international variation of homicide-suicide rates and patterns.     

The use of seclusion in the Netherlands compared to countries in and outside Europe

The use of seclusion in psychiatric practice is a contentious issue in the Netherlands as well as other countries in and outside Europe. The aim of this study is to describe Dutch seclusion data and compare these with data on other countries, derived from the literature. An extensive search revealed only 11 articles containing seclusion rates of regions or whole countries either in Europe, Australia or the United States. Dutch seclusion rates were calculated from a governmental database and from a database covering twelve General Psychiatric Hospitals in the Netherlands. According to the hospitals database, on average one in four hospitalized patients experienced a seclusion episode. The mean duration according to the governmental database is a staggering 16 days. Both numbers seem much higher than comparable numbers in other countries. However, different definitions, inconsistent methods of registration, different methods of data collection and an inconsistent expression of the seclusion use in rates limit comparisons of the rates found in the reviewed studies with the data gathered in the current study. Suggestions are made to improve data collection, to enable better comparisons.     

Organizational cultures as agents of differential association: explaining the variation in bribery practices in Ukrainian universities

This article explores the variation in bureaucratic bribery practices of ordinary Ukrainians. Despite common arguments about corruption-generating structural constraints of economic transition and about the regional culture of corruption in Eastern Europe, interviews with university-affiliated Ukrainians reveal significant variation in rates and patterns of their engagement in bribery. This article shows that participation in corruption is closely associated with actors' exposure to organizational cultures. It uses Edwin Sutherland's differential association theory of crime to argue that the acquisition of definitions that are either favorable or unfavorable to bribery through exposure to different organizational cultures of universities leads Ukrainians to either commit or avoid bribery. Students and professors acquire crime-related definitions through (1) encounters with institutionalized bribery mechanisms, (2) conversations with peers and colleagues with more substantial experience within specific universities; and (3) observations of other students and instructors. Karl Weick's notion of organizational enactment is argued to be the mechanism whereby these learned definitions translate into specific bribery-related behaviors. Inasmuch as acting against these definitions may lead to academic or professional failure, testing their validity is risky for university members. The processes of organizational enactment of bribery-related definitions are, therefore, at the core of organizations' role as agents of differential association. The article concludes with a brief discussion of the potential synthesis of differential association and organizational theories as a powerful tool for the study of bureaucratic corruption.     

EGOHOODS AS WAVES WASHING ACROSS THE CITY: A NEW MEASURE OF “NEIGHBORHOODS”

Defining “neighborhoods” is a bedeviling challenge faced by all studies of neighborhood effects and ecological models of social processes. Although scholars frequently lament the inadequacies of the various existing definitions of “neighborhood,” we argue that previous strategies relying on nonoverlapping boundaries such as block groups and tracts are fundamentally flawed. The approach taken here instead builds on insights of the mental mapping literature, the social networks literature, the daily activities pattern literature, and the travel to crime literature to propose a new definition of neighborhoods: egohoods. These egohoods are conceptualized as waves washing across the surface of cities, as opposed to independent units with nonoverlapping boundaries. This approach is illustrated using crime data from nine cities: Buffalo, Chicago, Cincinnati, Cleveland, Dallas, Los Angeles, Sacramento, St. Louis, and Tucson. The results show that measures aggregated to our egohoods explain more of the variation in crime across the social environment than do models with measures aggregated to block groups or tracts. The results also suggest that measuring inequality in egohoods provides dramatically stronger positive effects on crime rates than when using the nonoverlapping boundary approach, highlighting the important new insights that can be obtained by using our egohood approach.     

论域观下的无被害人犯罪概念

不同的论域下有不同的犯罪概念。目前给无被害人犯罪所下的定义存在着论域不清的问题。无被害人犯罪的概念应区分刑法还是犯罪学论域。关于无被害人的含义是界定概念的关键。刑法中,无被害人犯罪的内涵要素是违背伦理道德并法益侵害不明显。犯罪学中,内涵要素是违背伦理但社会危害性小。外延上要与隐形犯罪、没有在意的犯罪相区别。     

Conviction Statistics as an Indicator of Crime Trends in Europe from 1990 to 2006

Convictions statistics were the first criminal statistics available in Europe during the nineteenth century. Their main weaknesses as crime measures and for comparative purposes were identified by Alphonse de Candolle in the 1830s. Currently, they are seldom used by comparative criminologists, although they provide a less valid but more reliable measure of crime and formal social control than police statistics. This article uses conviction statistics, compiled from the four editions of the European Sourcebook of Crime and Criminal Justice Statistics, to study the evolution of persons convicted in European countries from 1990 to 2006. Trends in persons convicted for six offences –intentional homicide, assault, rape, robbery, theft, and drug offences– and up to 26 European countries are analysed. These trends are established for the whole of Europe as well as for a cluster of Western European countries and a cluster of Central and Eastern European countries. The analyses show similarities between both regions of Europe at the beginning and at the end of the period under study. After a general increase of the rate of persons convicted in the early 1990s in the whole of Europe, trends followed different directions in Western and in Central and Eastern Europe. However, during the 2000s, it can be observed, throughout Europe, a certain stability of the rates of persons convicted for intentional homicides, accompanied by a general decrease of the rate of persons convicted for property offences, and an increase of the rate of those convicted for drug offences. The latter goes together with an increase of the rate of persons convicted for non lethal violent offences, which only reached some stability at the end of the time series. These trends show that there is no general crime drop in Europe. After a discussion of possible theoretical explanations, a multifactor model, inspired by opportunity-based theories, is proposed to explain the trends observed.     

Sexual and violent recidivism by offender type and actuarial risk: reoffending rates for rapists,child molesters and mixed-victim offenders

Abstract

The current study examines sexual and violent reoffence rates for a sample of 2474 sexual offenders over an average of 15 years following release from prison. Reoffence rates are reported as a function of the offenders' victim type and level of risk as assessed by the Automated Sexual Recidivism Scale, a computer scored measure of relevant historical risk factors. Observed sexual recidivism rates for offenders with child victims, adult victims, and mixed victims were quite similar. Results indicate that offenders with exclusively female child victims not only showed a lower rate of sexual reoffending, but that the reoffence rates were relatively low across all levels of actuarial risk. In contrast, those with male child victims and adult victims showed a pronounced escalation of reoffence rates as actuarial risk increased. Results also indicated that adult victim offenders are less consistent in the victim type of their reoffences, with 37% sexually reoffending against child victims. Finally, combined rates of sexual and violent reoffending were particularly high for those with adult victim sexual offence histories. Risk assessment and public policy implications are discussed.     

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.     

The self-regulation model of sexual offending: Relationship to risk and need

In the present study, we evaluated the validity and utility of the self-regulation model in a sample of 275 adult male sexual offenders treated within the Correctional Service of Canada (CSC). Individuals following different self-regulation pathways, as delineated in the SRM, were compared on offence characteristics, static and dynamic risk measures, and various treatment targets. Multivariate analyses revealed that, in general, offenders guided by approach-motivated goals exhibited more problematic offence characteristics as well as greater risk and treatment need than individuals guided by inhibitory goals. However, several other important distinctions were noted across offenders with different goals and strategies toward offending. These findings highlight the main importance of utilizing a comprehensive and multidimensional offence process model that emphasizes multiple routes to offending in sexual offender treatment. Implications of these findings for the effective assessment and rehabilitation of sexual offenders are discussed.     

Maltreatment Chronicity Defined with Reference to Development: Extension of the Social Adaptation Outcomes Findings to Peer Relations

The purpose of this study was to extend work seeking to improve research definitions of chronic maltreatment by contrasting a definition based on patterns of CPS reports across childhood developmental stages to a previously used definition based upon duration of the period including reports, using teacher-estimated peer relations to represent an extrafamilial outcome domain of social adaptation. The sample includes 387 children who are participating in a multi-site longitudinal study and had been reported for abuse or neglect to CPS between birth and age 8. CPS records from this time period provided the basis of two chronicity constructs: 1) an ordinal categories (OC) definition based upon four Eriksonian stages, and 2) a durational definition (time between first and last reports). Block-wise regression analyses were conducted to examine the relative degree to which the two chronicity definitions contributed to prediction of teacher-estimated peer relations at the age 8 interview. Chronicity characterized with reference to developmental stages significantly predicted troubled peer relations, with child age, sex, and minority status, family income, geographic location, and time of first report taken into account. The effect was pronounced with regard to aggressive peer relations. Duration of maltreatment reports also predicted aggressive peer relations, but significantly less so than did the OC definition. The findings support the view that maltreatment chronicity is usefully defined by taking children’s development into consideration to characterize patterns of maltreatment across developmental stages. Practice and research implications are suggested.     

The application of TreadMatch scans to aid the process of footwear mark comparison

Currently in the UK, if a person is arrested or charged with a recordable offence, they can have prints of their footwear taken whilst in custody. The tread pattern recorded in these prints can be searched for using the National Footwear Database to find out if the same footwear pattern has been recovered at previous crime scenes, generating forensic intelligence.TreadMatch is a digitised system for collecting footwear prints seized from detainees in custody for this purpose. Whilst its use for generating intelligence is accepted, validation experiments have not been conducted to understand its level of performance in assisting in forensic comparison purposes for identification, because in the absence of an incorporated scale, it is not known how well TreadMatch reproduces the pattern size of a tread, threatening the validity of the comparison. If it can be determined that the measurements of TreadMatch scans are consistent with the more commonly used aluminium powder test marks, this could save Police time and resources if the digital scans could be used for preliminary assessment prior to the footwear being physically submitted for evidential comparison. Therefore, this study set out to compare three different types of TreadMatch scans (‘dynamic’, ‘zoomed’ and ‘rolled’) for thirty different pieces of footwear, with test marks of the same footwear using the traditional method (fingerprint powder). Length and width measurements were obtained from each tread pattern using GNU Image Manipulation Program software. The resulting data were analysed to assess for agreement between TreadMatch scans and test marks using 95% Intraclass Correlation Coefficients (ICC) and 95% Bland-Altman plots of Limits of Agreement (LOA). Additionally, an intra-sample study using fifteen repeated measurements of the same piece of footwear for different TreadMatch scanning methods was carried out to support the larger validity study.95% ICC_3,1 resulted in coefficients ranging from 0.99 to 1.00 across all measurements. 95% LOA displayed close agreement. There was less agreement and more variation displayed between the test marks and the TreadMatch rolled scans for both length and width measurements. This variation for hand-rolled prints must be taken into consideration and a standard approach developed. The study suggests TreadMatch can be used for preliminary assessments in assisting forensic comparisons, particularly for dynamic and zoomed prints.     

我国罪数理论之基本问题研究

我国的罪数理论对大陆法系理论中的行为说、犯意说、法益说、构成要件说所进行的评判存在重大误读;在罪数的判断标准上没有很好地坚持犯罪构成说;对一罪类型所做的划分存在不少问题,突出表现为对犯罪构成类型和犯罪构成要素复杂性缺乏应有的思考,我们应当将一罪划分为单纯一罪与复杂一罪;将继续犯、集合犯、吸收犯、结合犯纳入其中不符合罪数论的研究宗旨.     

论刑法中重复评价的本质及其禁止

犯罪行为的本质是客观上侵犯了刑法所保护的法益,主观上反映出行为人反规范的人格态度。所谓重复评价,表面上是在定罪量刑时对存在论上的同一犯罪行为进行了重复使用,但本质上是对其所反映出来的同一不法内涵和同一罪责内涵进行了重复考量,结果导致重复处罚。禁止重复评价的本质则相应表现为禁止对反映同一不法内涵和同一罪责内涵的同一犯罪行为进行重复使用。