“The Higher You Fly,the Further You Fall”: White-Collar Criminals, “Special Sensitivity” and the Impact of Conviction in the United Kingdom

The resilience of some high-profile white-collar criminals in the media gaze after prison may lead some to conclude, particularly as some research also supports this notion, that this group of offenders generally manages well after conviction. Research in this area is, however, small and largely American. The authors seek to add to this small body of research by offering findings on the impact of conviction on 17 UK convicted white-collar criminals after completion of their sentence. It provides a unique insight into the consequences of conviction, showing that although there were some offenders who did experience limited impact and coped well, there was also a significant group who suffered a decline in status, financial losses, negative media coverage, and relationship and mental health problems, to name some. The authors argue more research is needed on this group and their needs as they are often neglected by the criminal justice system.     

Refining and Resolving the Blur of Gault for Juvenile Capital Offenders in Texas: A World without the Juvenile Death Penalty

Texas's approach to juvenile capital offenders has been profoundly lacking any balance of the interests of accountability and rehabilitation. Texas has employed adult transfer for juvenile capital offenders with potential life imprisonment and possible parole in 40 years and determinate sentencing to adjudicate capital offenders in juvenile court, yielding a maximum sentence of 40 years in prison. Legislative initiatives in the 1990s to curtail parole have led to only 22 percent of violent offenders receiving early release while serving an average of 61 percent of their sentence. Aggravated offenders, including youth capital offenders, serve at least 80 percent of their total incarceration time. Notably the Texas framework does not effectively allow for offenders whose acts were the product of either an undeveloped or disabled mental capability to be punished appropriately and distinctly from those who possess psychotic or antisocial tendencies—or adult offenders. This deficiency is worsened as a result of the recently passed legislation SB.60, which establishes that juvenile capital offenders must receive the sentence of life without the possibility of parole upon conviction. Texas can create a more precise approach with three modifications: (1) centralize all youth capital adjudications to a criminal court, (2) effectuate separate imprisonment and enhanced educational programs for the first ten years of incarceration, (3) implement a “soft-ten” sentence where after the initial ten years of imprisonment the presumption for release favors the offender unless the state establishes that additional time is needed; this determination is primarily based on a complete psychological assessment of the offender.     

Sinners and Saints: The Role of Social Standing Evidence in Capital Sentencing

The authors’ purpose was to examine how the social standing of victims and defendants impacted capital sentencing decision making. Participants were 305 death-qualified community members recruited through Amazon’s Mechanical Turk workforce who acted as mock jurors in the sentencing phase of a capital trial. This experiment was a 3 Victim Impact Statement Social Standing (none, low, high) × 3 Execution Impact Evidence Social Standing (none, low, high) fully crossed, between-groups factorial design. Social standing of the victim did not directly or indirectly impact sentencing decisions, but the introduction of any form of execution impact evidence resulted in more positive evaluations of the defendant and fewer death sentences. These effects were moderated by pro-death penalty attitudes. Our findings have implications for how prosecutors and defense attorneys use character evidence to humanize victims and defendants.     

The New Panopticon? Examining the Effect of Home Confinement on Criminal Recidivism

Due to its versatility within the criminal justice system, home confinement has broad appeal as a sentencing option. This meta-analysis examines the effectiveness of house arrest and electronic monitoring on the recidivism of adult offenders. Fourteen effect sizes (from 11 studies) that present recidivistic outcomes were quantitatively pooled, and separate meta-analyses were conducted on varying categories of recidivism severity to assess the differing impact of home confinement. The findings suggest that home confinement helps adult offenders successfully reintegrate into the community upon release from closed custody and deters future offending. Implications for correctional policies and practices toward home confinement as a community-based prevention strategy to supervise offenders are discussed.     

Professionalism and regionalism: The case of hiring orientations in the south

The CASE (Computer-Assisted Sentencing) system has been developed to help sentencers to choose an appropriate sentence to impose on a convicted offender. Primarily, the system is aimed at Magistrates’ Courts. In England and Wales, by far the largest majority of sentencing is carried out by Magistrates, accounting for about 95 per cent of all sentences and over 80 per cent of sentences for more serious offences.     

The Social Outcomes of Education and Feedbacks on Growth in Africa

Most of the effects of education included in the complete model presented here are shown to be consistent with those found in the mainstream of the research on each outcome using microeconomic data. This, however, is a first effort to estimate net education effects more comprehensively, beyond just growth and health effects on other key measures of development in Africa, and also a new view of indirect feedbacks on economic growth and of externalities. After developing the conceptual framework, the regression estimates are presented together with a discussion of the net direct and indirect effects of education on each outcome. These are shown to improve infant mortality, increase longevity, strengthen civic institutions and democratisation, increase political stability, and increase investment in physical capital, which in turn have positive delayed feedback effects on the economic growth process. The effects also lower fertility rates and population growth rates but the latter occurs only after long delays because of the short-term positive effects of education on health. There are significant net education effects reducing poverty, inequality and crime, the latter after netting out negative externalities from growth and white-collar crime. Education effects reducing poverty and substituting skills for extractive exports also contribute to environmental sustainability. Simulations solve the complete model endogenously and iteratively over time for all of the direct and indirect (largely externality) effects. They reveal that indirect feedback effects including those on non-market outcomes are larger than the direct effects. Some effects are immediate, but many of the lags are long. So policy options for a continent in crisis that consider these lags are considered.     

When do People Value Rehabilitation and Restorative Justice Over the Punishment of Offenders?

The authors explored the characteristics of individuals that affect their attitudes toward restorative justice-—in which offenders, victims, and communities meet to redress the damage the offence had caused. Across three studies, participants completed questionnaires that assessed whether they believe that people in general, or offenders in particular, can change fundamentally as well as attitudes toward restorative justice, rehabilitation, and punishment. In one study, the questionnaire also included measures of social dominance orientation, goal orientation, and future clarity. Generally, participants who believed that offenders can change fundamentally were more likely to agree to participate in restorative justice meetings and endorse rehabilitation over punishment. Yet, the belief that individuals in general can change fundamentally was not significantly associated with these attitudes toward alternative responses to crime. Social dominance orientation was inversely, and a learning orientation and future clarity were positively, associated with this belief that offenders can change. Thus, interventions that diminish inequality in income, privileges, and influence—and thus curb a social dominance orientation—may foster an openness toward restorative justice. Initiatives that continually reward people who gradually develop their expertise, and thus promote a learning orientation, should also foster this openness toward alternatives to custodial sentences.     

Explaining Young People’s Involvement in Online Piracy: An Empirical Assessment Using the Offending Crime and Justice Survey in England and Wales

Abstract

The Internet has been widely acknowledged as facilitating many forms of youth offending. Existing research has identified important drivers of young people’s involvement in online crime, yet this has overwhelmingly relied on school or college samples. As such, it tells us little about those young people that have left the formal education system—a group who are more likely perpetrators of juvenile crime more generally. Focusing on young people’s involvement in online piracy offenses, our analysis draws on data from a nationally representative survey of England and Wales to better understand the dynamics of involvement in online crime across the population. We assess the potential overlaps between online and offline offending, the role of differential association and deviancy neutralization techniques in shaping offending behavior, as well as the protective effect of strong family support networks in reducing involvement in piracy. We find that illegal downloaders tend to be young, male, and have a higher number of delinquent friends. We also find that many of these offenders do not confine their offending to online spaces, with involvement in offline property offenses also high among this group.     

International Trends in Prison Upsizing and Downsizing: In Search of Evidence of a Global Rehabilitation Revolution

Abstract

Our review of global trends in the use of incarceration reveals that both the number of people incarcerated worldwide and the global rate of incarceration continue to increase in every global region. In addition, there have been sizable global increases in the use of pretrial detention, the proportion of female prisoners, the proportion of foreign prisoners, prison privatization, and prison crowding. After reviewing these global trends, we examine the available data on correctional performance, focusing on global crime trends in the subgroup of countries (n = 20) where three-quarters of the world’s prison population is currently located. While most (17/20) of these countries continued to increase their prison population despite decreases in most crime categories, three countries—the Russian Federation, South Africa, and Pakistan—have reduced their reliance on incarceration (number and rate) while also reducing their crime rates. Compared to other countries with large prison populations, the United States’ overall increase in both the prison population (+14.4% since 2000) and incarceration rate (+2.2) can be described as modest. Our review of global trends in corrections and sentencing policy reforms revealed an emerging focus on offender rehabilitation in both prison and community corrections settings and a growing recognition of the link between community development and crime. Focusing on the potential impact of rehabilitation-rich policy reforms in the United States, we highlight the results of a recent simulation modeling study (Taxman & Pattavina, 2013 Pattavina, A., & Taxman, F. S. (2013). Using discrete-event simulation modeling to estimate the impact of RNR program implementation on recidivism levels. In F. S. Taxman & A. Pattavina (Eds.), Simulation strategies to reduce recidivism (pp. 267–281). New York, NY: Springer.[Crossref] , [Google Scholar]) designed to estimate the impact of expanding our institutional corrections treatment infrastructure. This study reported significant, but relatively small, long-term reductions in prison populations when treatment capacity and treatment quality are increased. These findings suggest that even major improvement in the quantity and quality of prison programming—by itself—will not fundamentally change the life course of prisoners, resulting in continued high return-to-prison rates for these offenders. We conclude that for the United States to significantly reduce its reliance on incarceration, we will need to rethink our approach to crime and punishment. Our global review of corrections and sentencing strategies identified a number of possibilities. Using the global incarceration rate and the global crime rate as benchmark performance “tipping points,” we call for the development of corrections and sentencing policies—and the hiring of corrections personnel—based on the new goal of corrections: individual and community rehabilitation.     

Exploring the Social and Individual Differences Among Victims,Offenders, Victim-Offenders,and Total Abstainers

An emerging line of research has begun to reveal that victims of crime share many characteristics with offenders, leading to the conclusion that the victim-offender overlap is quite substantial. Though research suggests victims and offenders are both likely to display signs of low self-control and to share certain lifestyle factors, few studies have sought to systematically analyze the various factors that converge (or diverge) across different groups: victims, offenders, victim-offenders, and total abstainers. Using data obtained from the National Longitudinal Study of Adolescent to Adult Health (Add Health), we examined the risk factors associated with being classified into each of the four groups. Results revealed that victim-offenders—compared to others—tended to have the highest scores on risk factors for victimization and offending. Conversely, total abstainers tended to score the lowest on measures considered risk factors. Respondents classified as victim only and those classified as offender only were positioned somewhere between victim-offenders and total abstainers in terms of their level of exposure to risk factors. These findings may indicate that victim-offenders are a statistical group in need of greater attention, especially given the benefits that could extend to the broader population if successful outcomes through intervention were realized.     

“Yardsticks” for Victim Sensitive Process: Principle-Based Standards for Gauging the Integrity of Restorative Justice Process

For almost two decades restorative justice practices have demonstrated positive impacts on crime victim satisfaction when compared to court and other adversarial processes. Although restorative justice practice has by no means addressed the myriad needs of the majority of crime victims, researchers and policy makers have puzzled about how to interpret these generally positive findings. We suggest that remaining difficulties in interpretation and application of findings are due largely to (1) the lack of clear standards for gauging the integrity, or “restorativeness,” of interventions and (2) the failure to articulate logical mechanisms (i.e., intervention theories) that connect practices to immediate and intermediate outcomes, and these outcomes to long term changes in the well-being of victims, offenders, and communities. This article focuses primarily on the first problem, defining the “independent variable” in restorative practices aimed at having an impact on crime victims. Using qualitative data from a national case study, a principle-based approach to evaluation with implications for intervention theory and both input and outcome measures in future research is proposed and briefly illustrated.     

A Criminological Fly in the Ointment: Specialty Courts and the Generality of Deviance

ABSTRACT

Specialty courts—such as drug courts, mental health courts, or domestic violence courts—tend to assume, either implicitly or explicitly, that particular groups of offenders have unique problems that can be best met with specialized case processing. Put simply, specialty courts assume that offenders themselves are specialists when it comes to offending. There is, however, a criminological fly in the ointment. The problem is that criminological theory and research have long demonstrated that offenders tend to be generalists and that they rarely specialize in any given form of misbehavior. Accordingly, the authors argue here that the notion of the “generality of deviance” presents a problem for the potential effectiveness of specialty courts because they are likely operating on a faulty set of ideas about offending behavior. The authors offer strategies for moving forward to better integrate the notion of the generality of deviance into specialty courts: in particular, embracing a rehabilitative philosophy and adopting well-documented correctional treatment approaches such as cognitive-behavioral interventions and the risk-need-responsivity model. They conclude by highlighting the risks associated with granting system efficiency a position of privilege among the multiple goals of corrections.     

Populations, practices, and problems in forensic psychiatric facilities.

This is a study of the public facilities to which mentally disordered offenders are committed or transferred so that they may be securely confined while simultaneously participating in programs designed for treatment of their mental disorders. The study focuses principally on the nature and characteristics of these facilities: their patient populations, staff, security conditions, treatment programs, and operational programs. We identified and surveyed 231 facilities. The information from the survey, legal research, and site visits to 11 programs has been integrated and used to address four major issues: the types of facilities mentally disordered offenders are institutionalized in for treatment of their mental disorders; the legal, diagnostic, and demographic characteristics of the residents of these facilities; the forms of treatment and levels of staffing available in these facilities; and the common problems faced by facility administrators with respect to facility management, treatment, and release decisions.     

A Mixed Methods Exploratory Examination of Victim Injury and Death: Effect of Weapon Type and Victim Resistance During Sexual Assaults by Strangers

Extending prior research regarding victim injury during sexual assault, the current study employed mixed-methods sequential explanatory research design to identify predictors of victim injury and victim death in 361 attempted and completed sexual assaults committed by 72 repeat sex offenders who assaulted strangers. Results from multinomial path analysis indicated that being female and offender coercion increased the likelihood of victim resistance, which in turn elevated the likelihood of victim injury. Divergent from the predictors of victim injury, the risk of victim death increased with victim age, offender alcohol use, and offender weapon possession. Exploratory analyses suggest that certain weapons resulted in higher probability of victim injury or victim death within the context of victim resistance. Exploratory analysis of qualitative data indicated that crime event order was not uniform—in some cases victim resistance preceded victim injury and in some assaults victim injury occurred prior to or was unrelated to victim resistance. The study findings highlight the need for further investigation of victim survival strategies when offenders possess different types of weapons.     

Helplessness and Hopelessness in Adolescents who Commit Sexual and Nonsexual Crimes

The authors’ purpose was to test the relationship of helplessness and hopefulness to experienced trauma, as well to explore the role of these emotions to sexual and nonsexual criminal behaviors among 332 residential youths adjudicated for sexual crimes. All subtypes of trauma measured were positively correlated with helplessness, whereas hopelessness was not associated with sexual or physical abuse. Helplessness was associated with the severity of sexual crimes, as well as the commission of multiple nonsexual crimes. Hopelessness was not associated to any sexual crime characteristics and only associated with general delinquency and property damage. In the regression models, controlling for trauma, helplessness predicted sexual and nonsexual criminality, and hopelessness predicted nonsexual criminality. Implications for practice, policy, and research are discussed.     

Similarities and Differences in Victimization Risk Factors for Nonoffending and Offending Substance Users

In this cross-sectional study of substance users in Norway, the authors describe the patterns of victimization and investigate the factors associated with victimization, for nonoffenders and offenders separately. Recent victimization was reported by 59%, and the victimization rate was higher among offenders compared with nonoffenders (69% and 43%, p < .001). Women, regardless of offender status, experienced more victimization. Unstable housing was associated with victimization among nonoffenders, whereas markers for more severe substance use and indicators for poor mental health were associated with victimization in both groups. Addressing these factors may be important in reducing victimization and its negative outcomes among substance users.     

Does Professional or Social Network Support Meet the Needs of Victimized and Polyvictimized Youths in Sweden?

The authors use survey data on 2,160 young victims of crime and/or abuse in Sweden to examine whether professional psychosocial and/or social network support meets their needs. The results show that the likelihood of having sought and/or received professional psychosocial support increases with being a victim of more types of crime and/or abuse, as does the likelihood of experiencing anxiety and/or posttraumatic stress.     

The need for protection and punishment in victims of violent and nonviolent crime in the Netherlands: The effect of relational distance

A crime victim’s relationship to the offender is widely recognized as an important variable in the study of victims and the criminal justice system. However, studies concerning comparisons of the needs of victims at various relational distances to the offender are lacking. The authors studied how the victim’s need for protection and punishment correlated to the victim’s relational distance to the offender. The authors distinguished more than the usual two victim-offender relationships (known vs. stranger offender), so that the needs of victims at intermediate relational distance (offender is known to the victim, but not an intimate) to the offender might become visible. A total of 370 victims were interviewed about their reasons for reporting the crime. Respondents were divided into three groups: small (intimates), intermediate (nonintimates), and large (strangers) relational distance. While controlling for gender of the victim and type of crime, the needs of victims were found to vary with the relational distance to the offender.     

The “Independent Variable” in Restorative Justice: Theory-Based Standards for Evaluating the Impact and Integrity of Victim Sensitive Process (Part II)

For almost two decades restorative justice practices have demonstrated positive impacts on crime victim satisfaction when compared to court and other adversarial processes. Although these practices have by no means addressed the myriad needs of crime victims, researchers and policy makers have puzzled about how to interpret these generally positive findings. We suggest that remaining difficulties in concluding that positive findings are a result of restorative process rather than some other factor (e.g., procedural justice) are due largely to (1) the lack of clear standards for gauging the integrity, or “restorativeness,” of interventions and (2) the failure to articulate logical mechanisms (i.e., intervention theories) that connect practices to immediate and intermediate outcomes, and these outcomes to long-term changes in the well-being of victims, offenders, and communities. In part 1 of a two-part discussion previously published in this journal, we described alternative definitions of restorative justice and outlined three core principles that provide a useful normative theory of restorative justice. In part 2, we focus on the “intervening variable” in restorative justice, utilizing qualitative data from a national case study to illustrate some potential immediate and intermediate outcomes of restorative justice practice on victims. We also discuss the implications of these outcomes for intervention theory and future research.     

Self-Control and Deviance: A Test of the General Theory of Crime in Argentina

Gottfredson and Hirschi’s General Theory of Crime (GTC) has been one of the most cited and tested theories in criminology. It posits to be in effect transcultural in its application and relevant for any norm-violating behaviors. As most empirical work has been completed in English speaking countries, the current study tested some of the main theoretical postulates in a sample of 214 Argentinean male adolescents, both offenders and non-offenders. More specifically, it tested the relationships between parental practices, self-control, criminal opportunities, and deviance. Findings provide evidence that offenders reported more deviant behaviors and more risk factors than non-offenders. They also provide partial empirical support for the main theoretical propositions. Maternal closeness, support. and monitoring had different effects on self-control and on deviance; both low self-control and opportunities had direct effects of deviant behaviors. Theoretical, research, and practical implications of study findings are discussed.