Violent criminals locked up: Examining the effect of incarceration on behavioral continuity

Purpose

The purpose of the current study was to determine whether, and the degree to which, inmates committing specific types of violent crimes in the community were prone to commit acts of violence while incarcerated.

Materials and methods

Data were collected from the Texas Department of Criminal Justice on the prison stock population and a restricted admissions cohort serving time during FY 2008.

Results

After controlling for pre-prison and post-conviction characteristics, crime of conviction retained a modest degree of influence on inmates’ propensity to commit dangerous rule violations in prison. Inmates convicted of assault, robbery and other miscellaneous violent crimes were more likely to commit dangerous rule infractions than inmates convicted of property crimes, supporting the behavioral continuity thesis. Inmates convicted of homicide were no more likely, and those convicted of sexual assault less likely, to commit dangerous rule violations in comparison to those convicted of property crimes.

Conclusions

The findings suggest that researchers and prison officials should not view all inmates convicted of one of a broad category of “violent crimes” in the community as being equivalent in their propensity for violence while incarcerated.     

“Prison doesn’t stop them” Orchestrating criminal acts from behind bars

This article is about crime entrepreneurs that manage to organize criminal acts in the outside world, while being imprisoned. An examination of police intelligence on 13 cases, the Dutch penitentiary law, visits to two prisons and interviews with prison and law enforcement staff leads to the conclusion that for criminal leaders, whose most important tool for committing crimes is communication, there are a lot of possibilities, and little thresholds, for managing their criminal organisation from prison. The paradigms of reintegration of criminals and internal security in prison dominate the design of Dutch prison regimes. As a result, there are many opportunities for prisoners to communicate with the world outside. The findings of the case study are set against the theoretical background of the routine activity approach (R.A.T.). This theory provides a suitable conceptual framework to explain the forms of criminal behaviour found in the case study and it invites giving recommendations for situational crime prevention. An important notion for understanding the problem of crime that is organized from behind bars, that applying R.A.T. led to, is the physical distance between the ??motivated offender?? and his ??target??. In other words, the offender is imprisoned and his target is somewhere outside. This means that the guardians that keep an eye on the intellectual offender are others than the guardians that observe the actual offender and the target. For detecting crime organized from prison, a good monitoring of communication of the prisoner and his potential helpers and sufficient exchange of information between the different guardians is essential. Possible preventive measurements can be found in the reduction of communication channels.     

SPECIFIC DETERRENCE IN A SAMPLE OF OFFENDERS CONVICTED OF WHITE COLLAR CRIMES*

It is generally argued that white-collar criminals will be particularly influenced by punishment policies. White-collar crime is seen as a highly rational form of criminality, in which the risks and rewards are carefully evaluated by potential offenders, and white-collar criminals are assumed to have much more to lose through sanctions than more common law violators. In this article we examine the impact of sanctions on the criminal careers of 742 offenders convicted of white-collar crimes in seven US. district courts between fiscal years 1976 and 1978. Utilizing data on court-imposed sanctions originally compiled by Wheeler et al. (1988b), as well as information on subsequent criminal behavior provided by the Identification Bureau of the Federal Bureau of Investigation, we assess the effect of imprisonment upon the oficial criminal records of people convicted of white-collar crimes. Comparing prison and no-prison groups that were matched in terms of factors that led to their receipt of a prison sanction, we find that prison does not have a specific deterrent impact upon the likelihood of rearrest over a 126-month follow-up period.     

Imprisoned knowledge: Criminals' beliefs about deception

Purpose. This paper is a survey examining beliefs about cues to deception held by prison inmates, prison personnel and students. In line with the ideas about more beneficial learning structures in the environment of criminals and findings from previous studies, we predicted that the beliefs held by prison inmates would be most consistent with the general pattern found in studies examining objective cues to deception. Method. A total of 326 participants filled out a questionnaire containing questions about cues to deception. The sample consisted of 107 prison inmates from high‐security prisons, 103 prison personnel and 116 students. Both between‐group and within‐group analyses were conducted. Results. In line with previous surveys, students and prison personnel held stereotypical and wrongful beliefs about cues to deception. Prison inmates' beliefs about deception were less stereotypical than the beliefs of prison personnel and students. Conclusions. The results indicate that prison inmates have relatively more insight into the psychology of deception. A reasonable explanation for these findings is that the environment of criminals is beneficial in the sense that they receive more adequate outcome feedback than the other two groups. The results indicate that studying this group may generate useful knowledge about the dynamics of deception.     

Crossing the Line: A Quantitative Analysis of Inmate Boundary Violators in a Southern Prison System

The majority of current research on inappropriate relationships between correctional staff and inmates involves a qualitative approach. This study sought to provide a quantitative analysis of these boundary violators by self-report data, which was provided by male inmates in a southern prison system. Building upon research by Allen and Bosta (Games criminals play. Susanville, CA: Rae John Publishers, 1981) and Marquart et al. (Justice Quarterly 18:877–910, 2001) the inmates were divided into two distinct categories: Inmates who indicated “No relationship”, and those inmates who were “boundary violators”. This study examined the differences between these two categories utilizing demographic characteristics, custody level, and attitudes and prison behavior. Significant differences were found in boundary violator attitudes about female correctional officers and the behavior they exhibit in the presence of females.     

Prison population growth and crime reduction

The impact of state prison populations on crime is typically estimated by applying the lambda, the individual crime rate, of prisoners or arrestees. We outline the problems with this approach, attempt to reanalyze the widely divergent lambdas derived in past research, and make adjustments necessary to use lambdas for estimating the incapacitation impact. The result is an uncertain estimate of 16 to 25 index crimes averted per year per each additional prisoner. We argue that regression analysis can provide a better estimate of the impact of prison population growth. Applying the Granger test to pooled state data over 19 years, we found that prison population growth leads to lower crime rates but that crime rate changes have little or no short-term impact on prison population growth. Next we regressed crime rates on prison population and conclude that, on average, at least 17 index crimes are averted per additional prisoner. The impact is limited mainly to property crime.     

“终身监禁”刑事立法的刑罚精准性研究

对本可以判处死刑立即执行的贪污受贿犯罪分子实际判处死刑缓期两年执行的,同时决定死缓期满减为无期徒刑后的终身监禁,既不是执行"死刑"之"重",又不是减为可进一步通过减刑、假释使实际服刑期变得相对比较短的一般"无期徒刑"之"轻",既实现了罪责刑均衡,又实现了震慑其他潜在的贪污受贿犯罪分子的一般预防目的,还能够遏制司法腐败实现司法公正,对贪污受贿犯罪行为进行精准的打击。终身监禁单独设在贪污受贿罪里,正是考虑到贪污受贿罪的特点和国家的刑事政策而作出的,不仅具有很强的针对性,而且在刑罚轻重的"度"上把握到位,体现出刑罚制定和适用的精准性。从刑罚精准性的视角分析,终身监禁不违背罪刑法定原则、罪责刑相适应原则和刑罚效益原则,具备刑罚正当化根据。     

A cross-sectional study on expression of anger and factors associated with criminal recidivism in prisoners with prior offences

OBJECTIVE: The purpose of this study is to determine demographical characteristics leading to crime recidivism and define anger levels and anger expression manners for those who re-commit crime. METHOD: All the literate inmates in Izmit Closed Penitentiary were included in this cross-sectional study. The prisoners were asked to respond to State-Trait Anger Expression Inventory. Their socio-demographic data were collected and a questionnaire was given to them to determine their state of imprisonment, sentence, nature of the crime in which they were involved, their criminal history, their relationship with inmates and prison staff and substance and alcohol use. RESULTS: Of the 438 prisoners, 302 (68.9%) responded to the questionnaires. Crime recidivism among the study cohort was observed to be 37.4%. Mean trait anger, anger out and anger in scores were significantly higher in prisoners with criminal recidivism in comparison with those who did not have prior criminal records. However, mean anger control scores for prisoners with or without criminal recidivism were similar. Unemployment, education level completed at secondary school or below, having committed a crime under the influence of alcohol or narcotics, having been involved in prison fights, having resisted police officers, caused damage in their vicinity when angry and violent crimes were all found to be possible causes of criminal recidivism. Educational level completed at secondary school or below, getting into fights with other prisoners, unemployment and resisting police officers were determined to be the strongest indicators to predict criminal recidivism when all variables were considered according to a logistic regression model. CONCLUSION: It can be proposed that those who have problems with officials or hostile towards others constitute a risk group for criminal recidivism. If prisoners with criminal recidivism can be helped to identify and control their anger, their risk of committing a new crime can be minimised.     

Prisons,politics and organized crime: the case of Kyrgyzstan

Based on unique empirical data including interviews with inmates and criminals, the article discusses the informal governance system in the prison and its link with organized crime in Kyrgyzstan. It accomplishes two main tasks. First it looks at the inmate governance structure and demonstrates the change that reflects the general transformation in the thieves’ world and second, it shows how the political environment shapes internal prison dynamics and demonstrates the impact of regime transitions on penal institutions. It argues that political transitions disturb the existing power equilibrium between political elites and criminal leaders that leads to an attempt to curb the thieves’ influence in the prison that in turn leads to the prison riots.     

监狱警察职务犯罪针对性预防机制探究

尽管理论及实务界已就预防监狱警察职务犯罪提出诸多的建议机制,但监狱警察职务犯罪现象仍此起彼伏,究其原因是因为没有结合监狱警察职务犯罪的独特特点而提出针对性的预防机制;相比较于其他司法行政系统工作人员的职务犯罪,监狱警察职务犯罪具有身份特殊、犯罪主体明确等特点;监狱警察职务犯罪的发生原因也与监狱这一特殊工作环境以及监狱警察职权范围特殊密切相关;应该构建监狱警察权力监控机制以及检察院、监狱之间的联席会议等针对性预防机制,以防范监狱警察职务犯罪现象的发生。     

受刑人劳动成果归属问题研究

对受刑人的劳动成果权归属理论界一直存在着争论,目前有关受刑人劳动成果的归属的立法,在国外主要有两种立法模式,一种是以日本为代表的一元化的立法方式,即全部收归国有,另一种是意大利、美国等国家,采用多元化的立法方式,受刑人的劳动成果按照一定的比例,在与受刑人有利害关系的人之间进行分配。我国对受刑人劳动成果的态度,与日本的制度相类似。以著作权为例分析得出国家或者监狱管理部门不可能成为权利主体,说明受刑人的劳动成果权收归国有与法学理论相违背,实践中也不好操作。我们可以借鉴意大利的做法,即受刑人的劳动成果应当尽可能地清偿刑事被害人。采用受刑人劳动成果多元化的归属原则,按照一定的顺序处理受刑人的劳动成果。使受刑人劳动成果的归属更加合理化,以促进社会的和谐发展。     

Prisonization and accounts of gun carrying

This study examined inmate perceptions about the reasons other people carry guns. The sample consisted of seventy-three inmates who were incarcerated for gun-related violent crimes in Colorado. While most inmates said that people carry guns for self-protection and/or power, their accounts varied according to the number of years incarcerated. Both qualitative and quantitative analyses suggest that inmates incarcerated for long periods of time are likely to believe that others carry guns to feel powerful. In contrast, the results also indicate that inmates incarcerated for short periods of time are likely to believe that others carry guns for protection. These findings are consistent with theories about prison socialization. As inmates become immersed in the prison culture, they are also likely to change their perceptions about why others carry guns.     

A cross-sectional study on expression of anger and factors associated with criminal recidivism in prisoners with prior offences

Objective: The purpose of this study is to determine demographical characteristics leading to crime recidivism and define anger levels and anger expression manners for those who re-commit crime.Method: All the literate inmates in zmit Closed Penitentiary were included in this cross-sectional study. The prisoners were asked to respond to State-Trait Anger Expression Inventory. Their socio-demographic data were collected and a questionnaire was given to them to determine their state of imprisonment, sentence, nature of the crime in which they were involved, their criminal history, their relationship with inmates and prison staff and substance and alcohol use.Results: Of the 438 prisoners, 302 (68.9%) responded to the questionnaires. Crime recidivism among the study cohort was observed to be 37.4%.Mean trait anger, anger out and anger in scores were significantly higher in prisoners with criminal recidivism in comparison with those who did not have prior criminal records. However, mean anger control scores for prisoners with or without criminal recidivism were similar. Unemployment, education level completed at secondary school or below, having committed a crime under the influence of alcohol or narcotics, having been involved in prison fights, having resisted police officers, caused damage in their vicinity when angry and violent crimes were all found to be possible causes of criminal recidivism. Educational level completed at secondary school or below, getting into fights with other prisoners, unemployment and resisting police officers were determined to be the strongest indicators to predict criminal recidivism when all variables were considered according to a logistic regression model.Conclusion: It can be proposed that those who have problems with officials or hostile towards others constitute a risk group for criminal recidivism. If prisoners with criminal recidivism can be helped to identify and control their anger, their risk of committing a new crime can be minimised.     

The effects of mass media on crime prevention awareness,attitudes, and behavior: The case of crime stoppers

Research has been limited on the effects of mass media in increasing awareness of and participation in crime prevention programs. Mass media campaigns have been criticized as ineffective because they are neither informative nor motivating. Crime Stoppers is a program that appears responsive to these criticisms. The program involves dramatic reenactment of unsolved crimes and promises monetary rewards and anonymity for persons with information leading to the arrest or conviction of criminals. The present research examines the effects of Crime Stoppers on awareness, attitudes, and behaviors. Implications for theory and policy are discussed.     

秦及汉初逃亡犯罪的刑罚适用和处理程序

秦及汉初律令对逃亡犯罪的规定繁复而成体系。逃亡大体可分为一般逃亡和犯罪后逃亡二类。在刑罚适用上,一般逃亡的刑罚因逃亡者身份不同而各异,犯罪逃亡的刑罚是以本罪刑罚为基础,叠加亡罪刑罚后加以确定。在处理程序上,吏、民的一般逃亡不导致审判和追缉程序,刑徒或特别身份人逃亡的,区分亡罪刑罚轻重,分别适用审判并通缉的“论,命之”程序和审判并命令其出现、领受刑罚的“论,令出、会之”程序。犯罪逃亡的,以本罪刑罚为基准,分别适用“论,命之”和“论,令出、会之”程序,后一程序中未按规定领受刑罚的,以刑罚已执行时逃亡来论断其刑。在不同类型逃亡犯罪及司法程序的不同阶段自出的,有处以笞刑、本罪之刑减一等或本罪之刑叠加亡罪之刑后总减一等等不同减刑效果。     

Should the Late Stage Demented be Punished for Past Crimes?

The paper investigates whether it is plausible to hold the late stage demented criminally responsible for past actions. The concern is based on the fact that policy makers in the United States and in Britain are starting to wonder what to do with prison inmates in the later stages of dementia who do not remember their crimes anymore. The problem has to be expected to become more urgent as the population ages and the number of dementia patients increases. This paper argues that the late-stage demented should not be punished for past crimes. Applicable theories of punishment, especially theories with an appropriate expressivist, or communicative element, fail to justify the imprisonment of the late-stage demented. Further imprisonment would require a capacity for comprehension on the part of the punished, and, under certain narrowly specified conditions, even a capacity to be at least in principle capable of recalling the crime again.     

男性罪犯人格、社会支持和人身危险性关系的研究

采用问卷法，对在押的198名男性犯人的人格、社会支持与人身危险}生的关系进行研究，结果发现：（1）客观支持、主观支持、对支持的利用度和人身危险性之间存在着显著的相互关联；（2）财产型罪犯的人身危险性要显著高于暴力型、性犯罪和其他类型的罪犯；（3）有前科的罪犯的人身危险性显著高于无前科的罪犯，有前科的罪犯在客观支持和对支持的利用度上的得分均显著低于无前科的罪犯；（4）罪犯的主观支持、对支持的利用度、神经质和精神质对不同犯罪类型的罪犯的人身危险性有不同预测力。     

CRIMINALS' AND NONCRIMINALS' PERCEPTIONS OF URBAN CRIME

This paper offers an exploration of criminals’ and non-criminals’ perceptions of crime in an urban milieu. Specifically. we examine perceptions of the incidence of crime within the city, of variations in police pratection. and of variations in the likely difficulty of committing crimes in different parts of the city. The analysis examines the distinctiveness of; and interrelationships among, these variables controlling for the racial status and criminal-non-criminal status of the respandents. Additionally. perceptions of the difficulty of committing crimes m different parts of the city are related to generalized perceptions of the city for our racial subgroups of criminals. The results provide evidence on the distinctiveness of criminals in such terms, on some factors influencing strategic criminal decision-making, and on ways m which criminal behavior shares common elements with other social behavior.     

恢复性行刑功能探析

囿于传统行刑模式的弊端,实践为摆脱困境而自发产生的恢复性行刑展示了其积极的沟通、整合与效率功能。恢复性行刑模式以有益互动为核心,以平等为基础,将服刑人员与管理者、被害人、社区及其他社会参与者带入协商对话的平台。服刑人员在与他者的互动中降低权威者给予的耻辱烙印,获得被害人及社会人员的的原谅认同,最终实现身体与心理的回归,消除犯罪的印记,体现出较强的去标签化功能与提升犯罪控制的功能。恢复性行刑的实现方式则彰显出其潜在功能——传承并超越于传统正义,实现了互利正义。     

预备贩毒案件中的诱惑侦查行为

诱惑侦查的核心是国家作为诱惑者诱使被诱惑者实施犯罪，此种激励型侦查实践的核心在于，需要刺激犯罪的实际发生。与卧底侦查相比，诱惑侦查并不是一种对付有组织犯罪和职业型犯罪分子的专用武器，而是可以广泛利用于各种犯罪。