The application of the transtheoretical model to offender populations: Some critical issues

Purpose. Over the past two decades, the transtheoretical model (TTM) of change has become perhaps the most widely used model of behaviour change in the treatment of addictive and/or problem behaviours. More recently, the stages of change component of the TTM has been adopted for use in forensic settings. This paper aims to review the application of the TTM model to offender populations. Arguments. The application of the TTM to offenders raises a number of issues regarding the process of behaviour change for offenders attending treatment programmes. It is argued that while the TTM has been designed to account for high frequency behaviour (e.g. smoking, alcohol misuse), offending behaviour may be less frequent and the process of change less cyclical. Moreover, it is suggested that the most important issue in a treatment context is the proper integration of the TTM constructs. There have been few empirical tests of this aspect of the model. Conclusion. While the TTM may have some value in explaining how rehabilitation programmes help offenders to change their behaviour, the stages of change construct is, by itself, unlikely to adequately explain the process by which offenders desist from offending.     

Scenario study of biometric systems at borders

This paper examines and compares the existing privacy instruments of VIS and US-VISIT systems in addressing the specific legal issues and challenging the privacy-invasive behaviour in the world of biometrics. A biometric scenario is presented to give a vision of a future society in 5 years from now when biometric technology is more widely used. The objective here is to open up the scope of considering the potential legal risks of the use of biometrics, based upon the present passport and visa application plans in the EU and USA.     

Surveying the terrain: Current issues in the prevention and management of sexually abusive behaviour by males

Abstract

This paper focuses on critical issues and challenges concerning five areas: the prevention of sexually aggressive behaviour; inter-agency collaboration; groupwork programmes for adult offenders; eligibility levels regarding services for adolescent offenders; and professional issues.

Key messages which emerge are: the need to prevent punitive parenting in early childhood; the importance of healthy intra-agency processes as a foundation for effective inter-agency working; ensuring careful selection of clients for groupwork programmes; developing a tiered set of service thresholds for adolescent offenders; and the need to sustain the emotional responsiveness of staff.     

The relationship of self-regulation and aggression: an empirical test of personality systems interaction theory

On the basis of personality systems interaction (PSI) theory, the authors examine self-regulation, conflict behaviour, behavioural resources, and personality disorders in a sample of 83 male offenders and explore the role self-regulatory variables play with respect to aggressive behaviour. Although substantial correlations between self-regulatory functions and aggressive behaviour were found, these variables did not predict aggression in a subsequent regression analysis with measures of self-regulation, conflict behaviour, and personality disorders as independent variables. Antisocial behaviour, behavioural self-control, and affect were among the strongest predictors of aggression. Specific predictions based on PSI theory could not be confirmed. Theoretical implications of the findings are discussed and put into relation with treatment issues of offenders.     

The Problematic Development of the Stalking Protection Order

In 2019, Parliament enacted the Stalking Protection Act. The Act introduces the stalking protection order (SPO); a civil measure the breach of which is an offence. The role of courts in assessing whether similar behaviour orders are penalties has attracted significant scholarly attention. This article examines instead the roles of Government and Parliament in developing the stalking protection order. My central contention is that the Home Office undertook a problematic consultation and the issues to which it gave rise were not addressed in later parliamentary debates. The result was the enactment of a coercive measure of unclear purpose and questionable efficacy. Assessing the roles of the executive and legislature in developing the SPO also allows for fresh insight into wider discussions of behaviour orders. Specifically, I question the language of ‘prevention’ that is ever-present in such discussions and describe an important development for debates on whether behaviour orders are penalties.     

Free Vote Patterns in the New South Wales State Parliament

This research note examines patterns of MPs’ voting behaviour during ‘conscience’ or ‘free’ votes on three ‘morality politics’ issues in the lower house of the New South Wales state parliament in Australia: adoption rights for gay couples; scientists’ use of therapeutic cloning; and the status of the Sydney Medically Supervised Injection Centre. First, the research note reviews the literature on conscience voting and hypothesises that party will be the main predictor of voting patterns, but also establishes that previous studies have almost exclusively focused on national legislatures. Next the research note discusses methodological issues. Third, it presents the analysis of free vote patterns in the New South Wales parliament on the three ‘morality politics’ issues, along four key variables: party; sex; social ideology; and religion. The analysis of voting in the New South Wales parliament challenges existing explanations of free voting, where party is the key predictor of voting patterns. Intra-party unity figures show that party membership is a weaker predictor of voting behaviour in the two main political parties in New South Wales than in either the Australian parliament or in overseas parliaments. It is argued that at the subnational level other factors are more important in explanations of free vote patterns.     

Party Cohesion in the Danish Parliament

This article formulates a comprehensive and systematic taxonomy of micro level explanations of party cohesion; party cohesion being understood as party group members acting in unity externally. This apparatus is used in an analysis of party cohesion in the final divisions in the Danish Parliament, where cohesion figures are among the highest in the liberal democratic world. The investigation is based on interviews, survey data and data on voting behaviour. The main explanations of the high level of cohesion are the absence of disagreement in the party groups and a moral commitment to the party. Variation among MPs, parties and topics is also documented and discussed. The cohesion of each party and the compliant behaviour of individual MPs are related to the importance MPs ascribe to representing their party. Furthermore, divisions on moral issues, EU integration and local matters show lower than normal degrees of cohesion.     

‘Language of lies’: Urgent issues and prospects in verbal lie detection research

Since its introduction into the field of deception detection, the verbal channel has become a rapidly growing area of research. The basic assumption is that liars differ from truth tellers in their verbal behaviour, making it possible to classify them by inspecting their verbal accounts. However, as noted in conferences and in private communication between researchers, the field of verbal lie detection faces several challenges that merit focused attention. The first author therefore proposed a workshop with the mission of promoting solutions for urgent issues in the field. Nine researchers and three practitioners with experience in credibility assessments gathered for 3 days of discussion at Bar-Ilan University (Israel) in the first international verbal lie detection workshop. The primary session of the workshop took place the morning of the first day. In this session, each of the participants had up to 10 min to deliver a brief message, using just one slide. Researchers were asked to answer the question: ‘In your view, what is the most urgent, unsolved question/issue in verbal lie detection?’ Similarly, practitioners were asked: ‘As a practitioner, what question/issue do you wish verbal lie detection research would address?’ The issues raised served as the basis for the discussions that were held throughout the workshop. The current paper first presents the urgent, unsolved issues raised by the workshop group members in the main session, followed by a message to researchers in the field, designed to deliver the insights, decisions, and conclusions resulting from the discussions.     

Persons with intellectual disabilities in the criminal justice system: review of issues

Although the vast majority of individuals with intellectual disabilities (ID) are law-abiding citizens, there is a small percentage with offending behaviour that is considered antisocial, socially inappropriate, or defined as illegal. It has long been recognised that individuals with ID or mental-health needs who break the law should be dealt with differently from the general population. There have been an increasing number of empirical studies in this area; however, these have been plagued by various definitional and methodological issues. Prevalence estimates of offenders with ID are complicated by diagnostic variations and inconsistencies in the criminal justice process. International studies have shown a large range, from 2% to 40%, depending on methodological approaches. The following review will highlight the salient issues including prevalence of offending, characteristics of offenders, vulnerabilities within the legal system, assessment, and a brief overview of intervention and treatment approaches.     

An australian adolescent sex offender treatment program: Program and client description

Abstract

The following paper outlines the key components of the Adolescent Sex Offender Treatment Program (ASOTP), an Australian program that provides assessment and therapeutic services to children and adolescents with sexually abusive behaviours. The ASOTP is auspiced by the Children's Protection Society (CPS), Melbourne, Victoria, Australia. If is committed to an integrated program model, which focuses on the parallel process of work with child and adolescent victims and perpetrators of sexual abuse. Specific attention is paid to describing the main modules of the formal group therapy program, which most clients enter following risk assessment. Criteria for assessing positive outcomes are also outlined. The characteristics of children and young people who have attended the ASOTP are described, including prior history of victimisation and self-reported problem behaviours as assessed by the Achenbach Youth Self-Report Form. A summary of sexually abusive behaviour and victim characteristics is also provided. Findings are discussed in light of relevant practice and systems issues.     

Interpersonal Relationships and Stalking: Identifying When to Intervene

One of the issues arising out of the introduction of stalking legislation is how to distinguish between the kinds of courting behaviours, reconciliations, termination of relationships and other social interactions that are within the ‘normal range’ and those behaviours that are perceived by the wider community as stalking. This study examined the impact of intent, persistence, perspective and gender on perceptions of behaviours following the dissolution of a relationship. Responses of 868 community members indicated that behaviour was only perceived as illegal when explicit evidence of intent was present rather than when it was absent. Ratings for foreseeability of arousing fear were higher when explicit evidence of intent was present rather than absent and when behaviour constituted a repeated rather than single episode. Participants were more likely to determine that the behaviour of the actor would be repeated when the scenario depicted a repeat episode rather than a single episode. Suggested target responses differed according to whether or not the scenario depicted explicit evidence of intent to arouse fear. Results are discussed in relation to previous studies on community perceptions of stalking as well as the capacity of the research to inform interpretations of stalking legislation.     

Developing a therapeutic environment for boys in secure settings who have sexually offended

Abstract

The role of secure units in helping sexually abusive adolescent boys to change their behaviour and attitudes is examined. The problems presented by 23 adolescent sex offenders at Glenthorne Youth Treatment Centre were used to identify issues for management and treatment. These boys had committed a variety of non-sexual offences, and were responsible for 691 recorded crimes. Many had committed violent offences and had emotional, educational, relationship and substance-abuse problems. In contrast to the situation in community settings, the use of offence-focused groupwork and individual psychological therapy is limited in secure units. Many of these boys are not suited to this kind of work, or are not yet ready to benefit from it. Secure units also have difficulty resourcing these types of intervention. Nevertheless, the secure unit environment can be organised and structured to effect changes in behaviours and attitudes associated with sexual offending. Attention should be given to particular aspects of residential practice, including anti-discriminatory practice, organisational values, establishing behavioural boundaries, challenging unacceptable behaviour and language, reinforcing appropriate behaviour, encouraging interpersonal problem-solving, providing effective supervision based on an evaluation of risk, and education to raise victim awareness and respect for others. Liaison with community programmes for sexually abusive adolescents should be encouraged.     

When Culture Means Gender: Issues of Cultural Defence in the English Courts

The use of cultural defence has been much discussed in the American context and has figured as one of the areas of concern in feminist assessments of multiculturalism. This paper examines two categories of cases from the English courts, those where cultural context has been seen as significant in interpreting the actions of female defendants, and those where 'culture' is invoked to explain severe acts of violence against women. It argues that cultural arguments become available to female defendants mainly when they conform to stereotypical images of the subservient non-Western wife. They have not, on the whole, been successfully employed by male defendants to mitigate crimes against women, though there are troubling exceptions. The larger problem is that mainstream culture itself promotes a gendered understanding of agency and responsibility, as when it perceives men as understandably incensed by the sexual behaviour of their women, or women as less responsible for their actions because of the influence of men. The conclusion is that the uses and abuses of cultural defence highlight issues that have wider provenance, for it is when cultural arguments resonate with mainstream conventions that they have proved most effective.     

Restoring ordinariness for women offenders: why every wing matters

Abstract

Psychologically informed planned environments (PIPEs) are specifically designed environments where staff members have additional training to increase their psychological understanding of their work. This understanding enables them to create a safe and supportive environment which can help facilitate the development and improvement of those who live there. They aim to maximise ordinary situations in order to support development and to approach this in a psychologically informed way, and by paying particular attention to issues relating to personality disorder. Since PIPEs have been introduced into the Criminal Justice System in 2011, significant improvements in institutional behaviour have been observed. This paper considers the development of the therapeutic environment of a PIPE Unit and in particular its translation for women in custody. Reflecting upon narratives taken from focus groups within a female PIPE Unit in England, it will theorise why, for many women, the environment plays a significant part in their recovery and progression in prison. Although this paper focuses on a PIPE environment, it is suggested that observations can also be transferred to other forensic environments, including therapeutic communities, enabling environments, treatment services, hospital wards, normal wing locations and so forth.     

关于修订《海商法》需要厘清的几个基本理论问题——从《海商法》的第一章“总则”说起

讨论修订《海商法》需要厘清的一些基本理论问题，并以《海商法》第一章总则为切入点，重点讨论海商法的立法目的、调整对象及性质，希望能够促进和激发中国海商法界就海商法基础理论问题的研究与讨论，为将来修订《海商法》提供更多的参考意见。     

Managing student peer aggression: an Australian perspective on law and practice

Student peer aggression has become an issue of considerable concern in schools and their surrounding communities. While a considerable volume of research and writing now exists on how this problem might be best managed, little has been written concerning the place of law in the management process. Nonetheless, in view of the long term effects of student peer aggression on both aggressors and aggressed, it behoves school administrators and teachers to have a sound awareness of the many issues associated with this form of behaviour. In particular it is advisable for staff to have a sound appreciation of the potential legal repercussions that can be the result of a failure to exercise an appropriate level of the duty of care owed to students in relation to peer aggression. This article examines recent research into student peer aggression in Australia and elsewhere. Reasons advanced to explain this form of behaviour are discussed, the characteristics of aggressors and aggressed examined, and consequences of student peer aggression explored. The legal remedies available are identified and discussed and measures needed to manage the problem are suggested.     

Wise mind—risky mind: A reconceptualisation of dialectical behaviour therapy concepts and its application to sexual offender treatment

Abstract

This paper aims to introduce a reconceptualisation of dialectic behaviour therapy (DBT), “wise mind–risky mind”, and its application to sexual offender treatment. This reconceptualisation holds some promise in addressing issues around general, affective, cognitive and sexual dysregulation, and may provide an alternative way of thinking about sexual offender treatment. The wise mind–risky mind dialectical construct helps clients and therapists utilise a common language that captures and validates the experiential difficulties that clients go through in effectively managing their risk for sexual offending. The incorporation of DBT principles in standard sexual offender treatment programmes can assist clients in effectively managing problems with dysregulation in various domains. It can also afford a more integrated treatment framework when working with sexual offending dynamics. The authors discuss this new construct and its possible applications within the broader forensic mental health field.     

Low fertility in premodern China: Positive,preventive or proactive behaviour?

There has taken place recently the re-emergence among specialists of Chinese population history of a debate that started in the 1980's. This debate deals with the reasons for relatively low Chinese fertility in the 19th and early 20th century, and focuses on the question of whether proactive behaviour or a low standard of living was responsible for the low fertility. In this article we summarize the debate and tackle two issues. First, we summarize the biological evidence for the relationship between food and fertility. It turns out that some studies support the existence of this relationship, while other authors contest it. Even if fertility and malnourishment are related, one has to prove that the Chinese population was poor enough to influence fertility negatively. Both contemporary writers and anthropometric studies oppose the recent revisionist view that Chinese fertility was not determined by positive checks. On both issues the debate is still unsettled. The article looks at the reasons for this and advocates a less polemical and more constructive approach.     

Low fertility in premodern China: Positive,preventive or proactive behaviour?

There has taken place recently the re-emergence among specialists of Chinese population history of a debate that started in the 1980's. This debate deals with the reasons for relatively low Chinese fertility in the 19th and early 20th century, and focuses on the question of whether proactive behaviour or a low standard of living was responsible for the low fertility. In this article we summarize the debate and tackle two issues. First, we summarize the biological evidence for the relationship between food and fertility. It turns out that some studies support the existence of this relationship, while other authors contest it. Even if fertility and malnourishment are related, one has to prove that the Chinese population was poor enough to influence fertility negatively. Both contemporary writers and anthropometric studies oppose the recent revisionist view that Chinese fertility was not determined by positive checks. On both issues the debate is still unsettled. The article looks at the reasons for this and advocates a less polemical and more constructive approach.