Arbitrary decision making in the absence of evidence: an examination of factors related to treatment selection and recidivism for female sexual offenders

ABSTRACT

As criminal justice professionals are asked to assign risk levels and treat females who sexually offend, identifying risk factors for recidivism prediction and treatment targets is important. Although the majority of risk and treatment studies have focused on males, general female offender research and developing research with female sex offenders both provide some evidence for possible factors related to sexual offending behaviour in women. The purpose of this study was to explore what possible factors were related to treatment selection in a sample of 506 females serving prison sentences for a sexual offense, and, in turn, to examine which factors predicted non-sexual and sexual recidivism. Results demonstrated that exploratory variables were significantly related to treatment selection, as opposed to variables previously supported in research. Furthermore, living with a significant other for more than two years, and prior sexual offending arrests predicted sexual recidivism, while decreased age and treatment participation predicted non-sexual recidivism. These findings indicate that while similarities between male and female sexual offenders exist, females still demonstrate gender-specific risk factors.     

Predictors of desistance among sex offenders: The interaction of formal and informal social controls

Increasing attention is being given to the issue of desistance or cessation in adult criminal careers. We contribute to this research by considering how informal and formal social controls affect recidivism among 556 sex offenders placed on probation in 1992. We conduct an event history analysis of reoffense, based on the predictions of Sampson and Laub's and Gottfredson and Hirschi's control theories. We build on these perspectives by examining how informal social controls condition the effects of formal social controls generally and across offense types. We find less recidivism among offenders with stable job histories, particularly among those in court-ordered sex offender treatment. The results add both to theoretical formulations concerning desistance and recidivism and to policy formulations directed at growing prison populations.     

Why We Punish in the Name of Justice: Just Desert versus Value Restoration and the Role of Social Identity

Two different notions of justice might motivate people to demand punishment of an offender. The offense could be seen as lowering the victim’s and community’s status/power position relative to the offender, requiring a degradation of the offender to restore a moral balance (just desert). Or, the offense could be seen as questioning community values, requiring a reaffirmation of those values through social consensus (value restoration). Two studies referring to tax evasion and social welfare fraud yielded supportive evidence. Just desert was related to traditional punishment, especially when participants did not identify with a relevant inclusive community (Australians). Value restoration was related to alternative (restorative) punishment, especially when community values were regarded as diverse and requiring consensualization. It tended to be related to traditional punishment when community values were regarded as clear and consensual.

Female homicide offenders: Trends over time in an institutionalized population

The records of 460 female homicide offenders, admitted to a state prison for women between 1940–66 and 1981–83, were examined to determine changes in the character of the offender and the criminal event itself. While there were several respects in which the contemporary murderess differs from her predecessor, overall the data have questioned the extent to which changing roles for women have influenced the character of female homicide over time. Whatever influence the women's movement might have had on middle- and upper-class women, the contemporary murderess seems as far from liberation as her sisters in the '40s, '50s, and '60s.     

Considering specialization/versatility as an unintended collateral consequence of SORN

PurposeEmpirical studies examining specialization/versatility among offenders have long been an area of interest among criminologists. This same focus has only relatively recently been directed toward sex offenders.MethodsUtilize matched random samples of male sex offenders released from prison pre- and post-Sex Offender Registration and Notification (SORN) in the state of New Jersey with eight years of follow-up for measuring recidivism.ResultsVarious specialization thresholds and individualized diversity index (D) scores disaggregated by recidivism offense type (e.g., violent, property, drug, and sex offenses) suggest that these sex offenders were more diverse than specialized. Furthermore, Tobit regression analysis revealed that alcohol problems, being a rapist, being a prior violent offender, and recidivism offense frequency significantly predicted versatility compared with being married and being a prior property offender, which were inversely related to versatility. Finally, sex offenders who were released from prison post-SORN demonstrated a higher level of specialization than sex offenders who were released from prison pre-SORN, yet their tendency toward specialization was almost exclusively a function of drug offenses not sex offenses.ConclusionsSORN policy implications and directions for future research are discussed.     

Employing mixed methods to explore motivational patterns of repeat sex offenders

PurposeUnderstanding the motivation of sex offenders plays a key role in societal perception of victim culpability and offender responsibility. This study identified patterns of offender motivation, assessed motivation stability across offenses, and estimated the influence of offense/victim specific factors on motivation in comparison to offender factors.MethodsEmploying mixed-methods sequential explanatory research design, the study utilized confirmatory factor analysis (CFA) to identify motivational factors underlying 346 crime events. Second, motivation stability was assessed across offenses committed by 69 offenders. Finally, interview data were reviewed to assess whether offender types emerged corresponding to CFA results.ResultsA motivational typology was identified comprised of five offender groupings built upon two underlying constructs, one driven by sexual gratification and the other linked to anger/aggression. Minimal change in motivation was observed across offenses committed by the same offender against different victims. Offense/victim specific influence (22-23%) and offender related influence (77-78%) were similarly distributed with both sexual and anger-driven motivation.ConclusionsMotivation plays a key role in offending. Offense/victim specific factors have similar proportional influence on crime motivation in comparison to offender factors irrespective of the type of motivation. Contrary to popular public perception, victim blame is not warranted regardless of what motivates offenders.     

The effect of offender characteristics on offense specialization and escalation

The primary goal of this research is to investigate whether adolescent correlates of criminal behavior also serve as correlates of specialization and escalation in the criminal career. Prior research on offense sequences has focused on (1) establishing the existence of specialization and escalation and on (2) testing whether observed patterns of offense sequences differ across age and race of offender. We use data on 2,294 offenders from the Predicting Parole Performance in the Era of Crack Cocaine study (Haapanen & Skonovd, 1999). A series of multinomial logit models test for significant behavioral, social, and psychological correlates of the likelihood of offender specialization and escalation. The results show that without taking into account offender characteristics, there is evidence of specialization and escalation comparable to that found in prior research. Once offender background characteristics are controlled statistically, overall evidence of specialization and escalation is significantly reduced, indicating that (1) background characteristics are important predictors of types of offending and (2) background characteristics help to explain patterns of offending across the criminal career.     

Examining the relationship between sexual offenders and their victims: Interpersonal differences between stranger and non-stranger sexual offences

Abstract

The present study examined the behavioural differences in sexual assault offences in relation to the offender–victim relationship (stranger versus non-stranger). These differences were examined specifically in the context of four interpersonal themes of interaction: dominance, submission, hostility and cooperation. The details of 100 sexual offence cases (50 stranger and 50 non-stranger) were content-analysed, generating 58 dichotomous variables, covering offender and victim behaviour during the offence. χ² tests comparing the two samples found that offenders who were strangers to their victims were more likely than non-stranger offenders to display behaviours that indicate a hostile, violent offence style. In contrast, those offenders who knew their victims were more likely than strangers to display a less violent and more personal, compliance-gaining offence style. These findings are discussed in terms of their implications for offender rehabilitation and victim support.     

刑法若干条款罪数形态之分析

《刑法》第120条第2款包含牵连犯的情形,实行数罪并罚;第157条的走私罪与妨碍公务罪构成牵连犯,应实行数罪并罚;第171条第3款中伪造货币并出售或者运输的,构成牵连犯,择一重罪从重处罚;伪造货币后使用自己伪造的货币,构成牵连犯,使用假币视为事后不可罚行为;第196条第3款中出于非法占有财物的目的,行窃中得到财物同时意外得到信用卡后使用的,应以盗窃罪和信用卡诈骗罪并罚;第198条第2款属于兼容犯,实行择一重罪从重处罚。     

Demeanor,sex, and race in police processing

Recent increases in arrests of women have stimulated much controversy about the causes and extent of female crime and created much speculation about the differential treatment of female offenders by police officers. This article reports an empirical study of police processing of female offenders. During September–December 1978, 282 questionnaires were completed by police officers and detectives in a large, metropolitan area in a southeastern state. Each officer was asked to indicate a police decision in five hypothetical situations which varied by types of offense, race of the offender, sex of the offender, and demeanor of the offender. An analysis of the responses of the police officers indicates that decisions of police are not contingent on the sex and race of the offenders. The major variables in determining how police officers will respond are the nature of the offense and the manner in which the offender behaves when confronted by the officer.     

The Gender Gap in Sex Offender Punishment

This paper tests theoretical arguments that suggest court actors hold gendered views of sex offenders that result in a gender gap in sex offender punishment, where women who commit sexual offenses are treated more leniently than their male counterparts. We test this argument with precision matching analyses using 15 years of data on all felony sex offenders sentenced in a single state. Results indicate that gender disparities in sex offender sentencing exist and are pervasive across sex offense types. Specifically, male sex offenders are more likely to be sentenced to prison, and given longer terms, than female sex offenders. Findings are similar across sex offense severity and whether the offense involved a minor victim. These findings suggest that female sex offenders are treated more leniently than their matched male counterparts, even in instances of more serious sex offenses and those involving minor victims. Findings support theoretical arguments that contend that court decision-making is influenced by legally-irrelevant characteristics and raise questions about the source of gendered views of sex offenders and their effects on punishment approaches. Findings also raise questions about the virtue of get-tough sentencing policies that provide leeway for such dramatic variation across different groups of people.     

Impressions of ineffectiveness: exploring support partners’ attitudes toward sex offender registration and notification

ABSTRACT

The present study utilized in-depth qualitative interviews with 38 people who provided formal social support to registered sex offenders to explore their attitudes toward sex offender registration and notification (SORN). Findings revealed that there were three primary areas of perceptions that these support partners had concerning SORN laws. These themes – incapable of adequately raising public awareness, unable to impact sex offender recidivism, and inappropriate for most sex offenders – suggested that such policies were ineffective strategies for sex offender management. Limitations, directions for future research, and corresponding policy implications are discussed.     

Direct and Indirect Effects of Case Complexity, Guilty Pleas, and Offender Characteristics on Sentencing for Offenders Convicted of a White-Collar Offense Prior to Sentencing Guidelines

Previous research on the punishment of offenders convicted of a white-collar offense estimated models that specify only direct effects of defendant characteristics, offense-related variables, and guilty pleas on sentence severity. Drawing from conflict or labeling theories, much of this research focused on the effects of offender's socioeconomic status on sentence outcomes. Findings from this research are inconsistent about the relationship between defendant characteristics and sentence severity. These studies overlook how differences in case complexity of white-collar offense and guilty pleas may intervene in the relationship between offender characteristics and sentence outcomes. This study seeks to contribute to an understanding of federal sentencing prior to the federal sentencing guidelines by testing a legal-bureaucratic theory of sentencing that hypothesizes an interplay between case complexity, guilty pleas and length of imprisonment. This interplay reflects the interface between the legal ramifications of pleading guilty, prosecutorial interests in efficiency and finality of case disposition in complex white-collar cases, and sentence severity. Using structural equation modeling, a four-equation model of sentencing that specifies case complexity and guilty pleas as intervening variables in the relationship between offender characteristics and length of imprisonment is estimated. Several findings are noteworthy. First, the hypothesized interplay between case complexity, guilty pleas, and sentence severity is supported. Second, the effect of offender's educational attainment on sentence severity is indirect via case complexity and guilty pleas. Third, offender's race and gender effect length of imprisonment both directly and indirectly through the intervening effect of case complexity and guilty pleas. These findings indicate the need to specify sentencing models that consider the direct and indirect effects of offender characteristics, offense characteristics, and guilty pleas on judicial discretion at sentencing.     

‘Look into my eyes’: can an instruction to maintain eye contact facilitate lie detection?

Abstract

Traditionally, research on offender profiling has investigated the relationships between offender behaviour and offender characteristics. However, evidence about offender behaviour is not the only evidence available at a crime scene. This study extends previous collaborative research between forensic scientists and psychologists (e.g. Bond & Sheridan, Journal of Forensic Science, 52, 1122–1128, 2007) to investigate how forensic science can assist in the psychological process of offender profiling. Specifically, the potential utility of footwear impression evidence in the task of offender profiling is investigated. Using 155 domestic burglaries, the consistency and homology assumptions underlying offender profiling were tested. Evidence supportive of both assumptions is reported. A multiple regression analysis identified significant relationships between cost of footwear and employment status, age of offender, and the relative deprivation of his/her residence.     

Rearrest probabilities for the 1984–1993 apprehended Western Australian population: A survival analysis

A large population of all persons arrested by police in Western Australia for the first time between April 1, 1984, and June 30, 1993 (n=146,038), were followed up to determine if they have ever been rearrested. Probabilities of rearrest were estimated at 0.52 for male non-Aborigines, 0.36 for female non-Aborigines, 0.88 for male Aborigines, and 0.85 for female Aborigines. Significant variations in the probability of rearrest and/or time to rearrest for different age groups, number of times arrested, occupational status, offense group, place of birth, and bail status were observed. Covariate analysis (Maller, 1993) of non-Aboriginals (n=51,302) found with the offense of driving under the influence (DUI) was also undertaken to test the significance of differences in probabilities of rearrest for subgroups. Probabilities of rearrest were 0.47 forany offense and 0.31 for arepeat DUI for males and 0.34 forany offense and 0.20 for arepeat DUI for females. The results are discussed in the light of estimates of reimprisonment and the utility of offender risk assessment.     

The long term recidivism risk of young sexual offenders in England and Wales– enduring risk or redemption?

PurposeTo examine the long-term sexual recidivism risk of juvenile sex offenders in England and Wales, and to compare the risk to that of a first time sexual offense for non-convicted juveniles. Additionally, the study explores the long term sexual recidivism risk of other types of juvenile offenders, and the long term violent recidivism risk of these groups.MethodsThe England and Wales Offenders Index was used to extract birth cohort data. Life table methods were used to estimate cumulative recidivism risk, and discrete time hazard models were used to compare hazard functions.ResultsAt the five year period, 7% of juvenile sexual offenders have been reconvicted of a sexual offense; reaching 13% by the end of the 35 year follow-up. When the reconviction hazard of the juvenile sexual offenders was compared with the first sexual conviction risk of a non-convicted comparison group, the hazards converged statistically after 17 years.ConclusionsThe study has implications for the registration periods of juvenile sex offenders. Indefinite registration for some juveniles needs to be considered, and a review of registration after a conviction free period would provide more balance between the protection of the public and the rights of the offender.     

Sex offenders’ perceptions of the effectiveness and fairness of humanity,dominance, and displaying an understanding of cognitive distortions in police interviews: A vignette study

Abstract

Forty-three convicted sex offenders read each of four different offence vignettes that involved a man forcing a female victim into sex and the offender's subsequent police interview. The experimental manipulation involved giving participants each of four different scenarios concerning how the police interviewed the offender. These were interviews characterized by humanity, dominance, displaying an understanding of sex offenders’ cognitive distortions, or a neutral, control interview. Participants were required to rate the interviews on a variety of dimensions, such as the offender's likelihood of confessing, and the fairness of the interview. Where participants were told the man had been interviewed with humanity and compassion, they rated the offender as more likely to confess and rated the interview as fairer than the other conditions. In contrast, participants rated the offender interviewed with a dominant approach as less likely to confess, and for this procedure to be less fair than the other conditions. Displaying an understanding of sex offenders’ cognitive distortions appeared to have had no influence on perceived likelihood of confessions but was perceived to make the crime appear less serious.     

When is an assault not an assault? The Canadian public's attitudes towards wife and stranger assault

There is no distinction in the Canadian Criminal Code between assaults committed on strangers and assaults of spouses. Traditionally, however, wife assault has been considered a private affair, and it has been argued that this attitude continues to be reflected in the police response to domestic disputes. In this study of 240 adults'written responses to assault scenarios, the victim-offender relationship produced variations in ratings of seriousness, in the relative amounts of blame attributed to the victim and offender, and in the recommended police response. In general, nondomestic recidivist offenders tended to be treated most harshly by the subjects, as did offenders who assaulted their victims inside a private house. Additionally, female subjects gave higher ratings of seriousness of the offense, and considered future violence by the offender to be more likely, than did male subjects. The findings are explained in terms of the subjects' ability to identify with the offender, although the decision-making process in judging cases of assault is evidently complex. The implications of these findings for police officers with discretionary powers are considered.