A conceptual kaleidoscope: contemplating ‘dynamic structural risk’ and an uncoupling of risk from need

ABSTRACT

Recent calls for ‘evidence-based’ approaches have firmly positioned risk assessment as a promising path towards more efficient, unbiased, and empirically based offender management, in custody and in the community. Simultaneously, sociological and critical legal scholars have questioned the focus on individual needs at the expense of wider structural factors’. I will demonstrate the need to reconceptualise risk/need logics and the use of ‘evidence’. I will argue that various criminal justice processes are themselves dynamic criminogenic risks that produce systemic conditions for recidivism and which, if modified, could make a measurable difference in recidivism and other correctional efficiencies. Finally, I will argue that the logic of dynamic risk is transferable to an analysis of socio-structural factors, and that this characterisation can alter the framing of penal subjects, governmental responsibilities, and potentially interrupt the systemically produced criminogenic pathways that perpetuate criminal involvement and marginalisation.     

Beyond Crime Statistics: The Construction and Application of a Criminogenity Monitor in Amsterdam

Criminologists have devoted a great deal of attention to risk factors – also called criminogenic factors – leading to criminal offending. This paper presents a criminogenity monitor which includes 19 risk factors that underlie crime. These factors do not themselves cause criminal behaviour; rather, they must be seen as signals that crimes may be committed. After discussing how the criminogenity monitor was constructed, we apply the risk factors we examined to the situation in Amsterdam, capital city of the Netherlands. The monitor is intended to function particularly as an instrument to rationalise policy-makers’ work in targeting and preventing symptoms of crime at three geographical levels: the entire city, its boroughs and its neighbourhoods.     

How Exceptional Is India? A Test of Situational Action Theory

This study explores the generalizability of Situational Action Theory (SAT) in India by testing hypotheses related to the person–environment interaction in explaining offending. Drawing on data from a sample of 872 students between the ages of 14 and 17 from an Indian city collected as part of the International Self-Report Delinquency Study (ISRD3), we tested the hypothesis that Indian youths will report more delinquent acts if they have a higher propensity to commit crime combined with a greater exposure to criminogenic activities. Our findings show unequivocal support for the applicability of SAT in India where youths reported a slight increase in offending behavior if they exercised low self-control or if they were less moralistic (i.e., they were more crime-prone), or when exposed to criminal activities or peers. Consistent with tests of SAT in other contexts, we find that exposure to criminogenic environments increases offending for youth with higher levels of criminal propensity but does not impact youth with lower levels of criminal propensity. We speculate that the overall low rate of delinquent offending coupled with the cultural milieu of Indian youths may explain why criminogenic exposure may be less relevant in light of young people’s strong avoidance of rule-breaking.

     

Criminogenic need and women offenders: A critique of the literature

Purpose . This paper considers the criminogenic needs of women offenders, raising the question of whether there may be women‐specific criminogenic needs. Arguments . The risk‐needs model of offending has become increasingly influential in both research and practice. Simply, the risk–needs model holds that some aspects of an individual's functioning are risk factors for offending. The distinction can be drawn between static and dynamic risk factors: the former are historical, the latter reflect current functioning and are amenable to change. These dynamic attributes linked to offending – such as financial status, emotional problems, and substance use – are referred to as criminogenic needs. Needs assessment instruments, such as the Level of Service Inventory‐Revised (LSI‐R; Andrews & Bonta, 1995 ) have been developed to assess criminogenic need and predict risk of offending. Much of the research informing the risk–needs model has been carried out with male offenders, leading to questions about the criminogenic needs of women offenders and whether there may be women‐specific criminogenic needs. Conclusion . An overview of typical criminogenic needs, as assessed by the LSI‐R, suggests that there are probably common needs for male and female offenders. A common need does not imply that aetiology or level of importance of that need is the same for men and women, while some events, such as physical and sexual abuse, are arguably criminogenic needs for women. The implications for practice and research of understanding more about women‐specific criminogenic needs are considered.     

MDS use with crime scene data replicates poorly: response to Goodwill,Alison, and Humann (this issue) and Davis (this issue)

Abstract

Examinations of treatment attrition form an important – although sometimes neglected – component of evaluating a correctional programme's effectiveness in reducing recidivism. Previous research has identified offender characteristics that predict non-completion. This study investigated non-completion in 138 high-risk, violent male prisoners attending an intensive cognitive–behavioural programme. Almost one-third of men who commenced it did not complete the 7-month programme. Most asked to leave of their own accord, or were removed for ongoing offending. In contrast to previous research, no support was found for the hypothesis that those who terminated treatment prematurely were more in need of intervention than those who completed the programme; non-completers did not differ from completers on static estimates of criminal risk, PCL-R scores, demographic variables or self-report scales measuring dynamic risk factors. It was concluded that successful prediction using variables related to criminal risk and criminogenic need depends both on the characteristics of programme participants, and on contextual factors such as programme policies: when high-risk high needs offenders are a programme's target clientele, variables related to risk and need will have limited predictive utility. From a practice perspective, the programme was successful in retaining through to completion a relatively untreatable group: high-risk offenders with moderate to high PCL-R scores.     

The impact of timing and frequency of parental criminal behaviour and risk factors on offspring offending

This paper explores mechanisms of intergenerational transmission of criminal behaviour by investigating specifically the timing and frequency of the parents' criminal behaviour while including risk factors for criminal behaviour. The results demonstrate a dose–response relationship: parents' number of criminal convictions is positively related to offspring's conviction rate. Furthermore, children whose parents had only been convicted before the child's birth have more convictions than those whose parents had never been convicted. Children whose parents had been convicted after the child's birth have more convictions than those whose parents had only been convicted before the child's birth, but this difference can be explained partly by the observation that the latter group had fewer risk factors for crime. When parental convictions at different ages were examined, children whose parents had been convicted between their 7th and 13th birthdays exhibit more criminal behaviour than children whose parents were convicted in other periods, but none of the differences were significant. There does not appear to be a sensitive period for the impact of parental criminal behaviour. The results demonstrate support for static as well as dynamic explanations of intergenerational transmission such as the transmission of a criminogenic environment and/or mediation through risk factors.     

Recent Work on Punishment and Criminogenic Disadvantage

In the 1970s and 1980s, a handful of legal theorists addressed the problem of criminal justice for offenders who faced criminogenic social disadvantages. Their discussions were provocative but alternatively unpersuasive and underdeveloped. More recently, in the wake of mass incarceration in America, philosophers have put forth new analyses that make important headway but remain scattered, partial, and in need of a systematic and integrated review. In this article, I reconstruct and critique the most prominent and well-developed explanations yet offered of the distinctive moral problems that offenders’ criminogenic social disadvantages may pose for criminal justice. I conclude that some views are misguided, others are unduly limited, and one – based on the ideals of fair opportunity to avoid crime and punishment – is particularly promising but as yet underdeveloped.     

The underworld of gemstones

In recent decades prices of high-end “colored gemstones” (trade jargon for precious stones other than diamonds), like almost all “collectibles,” have risen dramatically. Demand has been spreading to economic classes formerly excluded at the same time the supply of high-quality material from natural sources falls, leading to constant searches for as yet undiscovered sites, which may take on the character of gold-rushes. While no doubt criminogenic factors have always existed within the gemstone business, periods of rapid price rise mean stronger temptation for illegal activities. The potential list of economic offenses, civil, regulatory and criminal, associated with the gemstones business includes: illegal mining, environmental offenses, bribery, gun-running, smuggling, “terrorist”(i.e. insurgent) financing, commercial fraud, mining-share swindles, money laundering and, not least, simple theft along with recycling stolen goods. This paper represents an attempt to understand the criminogenic factors in light of the history and current structures of the business. It fits the gemstone trade into a commercial, geo-strategic and sociological matrix, the three often interacting in mutually reinforcing ways. It asks whether, given the incentives and opportunities for illicit activity, relying primarily on industry self-regulation makes sense. But it questions whether the international regulatory regime now in place for diamonds can be applied to the far more diffuse supply-side of the colored gemstone market. The paper is divided into three parts. The first, “Under the Rainbow,” examined the shady side of gemstone mining in a geo-political context. The current one, the second in the series, entitled “In the Eye of the Beholder,” looks at fraud in cutting and polishing of rough gemstones into finished gems. The third “Hot Rocks, Cold Cash” will focus on illicit activity in the retail jewelry trade.     

A fundamental attribution error? Rethinking cognitive distortions†

The notion of ‘cognitive distortion’ has become enshrined in the offender treatment literature over the last 20 years, yet the concept still suffers from a lack of definitional clarity. In particular, the umbrella term is often used to refer to offence‐supportive attitudes, cognitive processing during an offence sequence, as well as post‐hoc neutralisations or excuses for offending. Of these very different processes, the last one might be the most popular and problematic. Treatment programmes for offenders often aim to eliminate excuse‐making as a primary aim, and decision‐makers place great weight on the degree to which an offender “takes responsibility” for his or her offending. Yet, the relationship between these after‐the‐fact explanations and future crime is not at all clear. Indeed, the designation of post hoc excuses as criminogenic may itself be an example of fallacious thinking. After all, outside of the criminal context, post hoc excuse‐making is widely viewed as normal, healthy, and socially rewarded behaviour. We argue that the open exploration of contextual risk factors leading to offending can help in the identification of criminogenic factors as well as strengthen the therapeutic experience. Rather than insist that offenders take “responsibility” for the past, we suggest that efforts should focus on helping them take responsibility for the future, shifting the therapeutic focus from post hoc excuses to offence‐supportive attitudes and underlying cognitive schemas that are empirically linked to re‐offending.     

Social support as an organizing concept for criminology: Presidential address to the academy of criminal justice sciences

Although “social support” is present as a theme in many criminological writings, it has not been identified explicitly as a concept capable of organizing theory and research in criminology. Drawing on existing criminological and related writings, this address derives a series of propositions that form the foundation, in a preliminary way, for the “social support paradigm” of the study of crime and control. The overriding contention is that whether social support is delivered through government social programs, communities, social networks, families, interpersonal relations, or agents of the criminal justice system, it reduces criminal involvement. Further, I contend that insofar as the social support paradigm proves to be “Good Criminology”—establishing that nonsupportive policies and conditions are criminogenic—it can provide grounds for creating a more supportive, “Good Society.”     

The three dimensions of online child pornography offending

Abstract

The internet has opened up opportunities for non-contact sex offending, such as the viewing of child pornography. This paper proposes a model for the classification of child pornography offenders as an aid for their assessment and treatment, deducted from empirical studies and existing typologies for child pornography offenders. Different subgroups of child pornography offenders may be described according to three dimensions: (1) type of offending, (2) the motivation behind child pornography offending and (3) the situational and social engagement in the offending behaviour. Distinct pathways of child pornography offending can be identified, related to differing criminogenic needs, severity of offending, and appropriate assessment and treatment strategies for the offenders.     

The underworld of gemstones

In recent decades prices of high-end “colored gemstones” (trade jargon for precious stones other than diamonds), like almost all “collectibles,” have risen dramatically. Demand has been spreading to economic classes formerly excluded at the same time the supply of high-quality material from natural sources falls, leading to constant searches (that may take on the character of gold-rushes) for as yet undiscovered sites. While no doubt criminogenic factors have always existed within the gemstone business, periods of rapid price rise mean stronger temptation for illegal activities. The potential list of economic offenses, civil, regulatory and criminal, associated with the gemstones business includes: illegal mining, environmental offenses, bribery, gun-running, smuggling, “terrorist”(i.e. insurgent) financing, commercial fraud, mining-share swindles, money laundering and, not least, simple theft along with recycling stolen goods. This paper represents an attempt to understand the criminogenic factors in light of the history and current structures of the business. It fits the gemstone trade into a commercial, geo-strategic and sociological matrix, the three often interacting in mutually reinforcing ways. It asks whether, given the incentives and opportunities for illicit activity, relying primarily on industry self-regulation makes sense. But it also questions whether the international regulatory regime now in place for diamonds can be applied to the far more diffuse supply-side conditions of the colored gemstone market. Methodologically, the paper is a research essay in the political economy of clandestine international economic activity, with particular focus on its historical, geo-strategic and sociological context rather than a more narrow, traditional criminological study. The second may work well enough when the activity under investigation is a crime per se, as with studies of illegal drugs. However when the activity is inherently legal, but conducted illegally, it is essential to understand thoroughly the nature and operation of the legal business to make sense of the illegal. The illegal is buried in and works concurrently with the legal, not in the narrow sense of having the legal as cover, but in a more profound sense of the legal and the illegal sharing attitudes and supporting institutions. The paper is divided into three parts. The first, “Under the Rainbow,”examines the shady side of gemstone mining in a geo-political context. The second, “In the Eye of the Beholder,” looks at fraud in cutting and polishing of rough gemstones into finished gems. The third, “Hot Rocks, Cold Cash,” focuses on illicit activity in the retail jewelry trade.     

我国刑法中教唆犯的两种涵义

我国刑法中规定的教唆犯是广义教唆犯 ,它具有两种表现方式 ,即狭义教唆犯和以教唆的行为方式实施的间接正犯。狭义教唆犯是人们现在通常所说的教唆犯 ,它只具有从属性 ;以教唆的行为方式实施的间接正犯仅具有独立性。从解释论上看 ,我国现行刑法第2 9条第 2款的规定是处理以教唆的行为方式实施的间接正犯的正确法律根据 ;从立法论上看 ,应该采取分立条文规定狭义教唆犯和间接正犯的立法模式。     

The underworld of gemstones

In recent decades prices of high-end “colored gemstones” (trade jargon for precious stones other than diamonds), like almost all “collectibles,” have risen dramatically. Demand has been spreading to economic classes formerly excluded at the same time the supply of high-quality material from natural sources falls, leading to constant searches for as yet undiscovered sites, which may take on the character of gold-rushes. While no doubt criminogenic factors have always existed within the gemstone business, periods of rapid price rise mean stronger temptation for illegal activities. The potential list of economic offenses, civil, regulatory and criminal, associated with the gemstones business includes: illegal mining, environmental offenses, bribery, gun-running, smuggling, “terrorist” (i.e. insurgent) financing, commercial fraud, mining-share swindles, money laundering and, not least, simple theft along with recycling stolen goods. This paper represents an attempt to understand the criminogenic factors in light of the history and current structures of the business. It fits the gemstone trade into a commercial, geo-strategic and sociological matrix, the three often interacting in mutually reinforcing ways. It asks whether, given the incentives and opportunities for illicit activity, relying primarily on industry self-regulation makes sense. But it questions whether the international regulatory regime now in place for diamonds can be applied to the far more diffuse supply-side of the colored gemstone market. The paper is divided into three parts. The first, “Under the Rainbow,” examined the shady side of gemstone mining in a geo-political context. The second “In the Eye of the Beholder” looked at fraud in cutting and polishing of rough gemstones into finished gems. The third, the current one, entitled “Hot Rocks, Cold Cash,” focuses on illicit activity in the retail jewelry trade.     

Business Collusion as a Criminological Phenomenon: Exploring the Global Criminalisation of Business Cartels

Over the last dozen years or so there has been a burgeoning of criminal law for purposes of dealing with business cartels in a number of jurisdictions (for instance, the new ‘cartel offence’ introduced under the Enterprise Act 2002 in the UK). The discussion here provides first of all some account of this process of criminalisation, mapping it in terms of jurisdictions and the legal character of this category of cartel offending. It then seeks to explain and account for the phenomenon and more particularly to determine the extent to which it may be seen either as an element of more forceful prosecution strategy, or alternatively as a sea-change in moral perception and evaluation. Put another way, is this a development led by legal policy, or a genuine shift in outlook, which has produced a new legal policy? It will be argued finally that, in a more pragmatic perspective, the success of the criminalisation project in any case depends on the emergence of a genuine sense of ‘hard core’ delinquency, without which effective regulation by means of criminal law is unlikely to be achieved. In this respect, a manufactured sense of moral censure, fostered by prosecutors to facilitate leniency programmes, may (outside the US) eventually prove to be a point of vulnerability in such strategies.     

Violence risk and gang affiliation in youth offenders: a recidivism study

Abstract

Youth gangs are ubiquitous around the world and have been problematic for the social and criminal justice agencies. Despite widespread public concern, there has been relatively scarce empirical scrutiny of youth gangs internationally and little outside of America and Europe. In particular, the activities of youth gangs, the function of gang membership, the criminogenic needs of gang-affiliated youth, and the risk of criminal recidivism for gang-affiliated youth remain unclear. Against this background, this study explored the sociodemographic characteristics, risk and rate of criminal recidivism in a cohort of 165 male youth offenders in Singapore, of which 58 were gang-affiliated. Multivariate analyses revealed that gang-affiliated youth offenders were significantly more likely to have histories of substance use, weapon use and violence than nongang-affiliated youth offenders. Gang-affiliated offenders also scored higher on measures of risk for recidivism (SAVRY and YLS/CMI), and engaged in violent and other criminal behaviors more frequently during follow-up. These differences indicate a significant relationship between gang affiliation and criminal recidivism in youth offenders. Furthermore, these findings have important clinical and policy implications, indicating an increased requirement for additional and more intensive assessment and tailored interventions for gang-affiliated youth offenders.     

The police education qualification framework: a professional agenda or building professionals?

ABSTRACT

Given the growing complexity in British policing, the College of Policing are implementing a Police Education Qualification Framework through a professionalization agenda. This aims to standardise entry to the police and allow serving officers to gain accreditation for their previous training and experience. Part of this process involves the development of a national police curriculum for higher education institutions to deliver to new recruits. Different definitions of what constitutes professionalism can impact on officers’ interpretations of this concept and how they subsequently engage with the proposed reforms. This paper, which is based on in depth qualitative interviews with serving officers who have undertaken an academic qualification in policing, suggests that the relationship between police education and the development of professionalism is complex. Officers need to be trusted and encouraged to use their learning in a way that develops their own personal sense of professionalism. However, this paper will argue that current perceptions amongst officers are sceptical of the wider agenda and brings into question the development of a standardised curriculum which may ultimately be viewed as further governance over officer behaviour.     

Personal construct psychotherapy: Fixed-role therapy with forensic clients

Abstract

Fixed-role therapy, a dramaturgical approach to psychotherapy developed by Kelly in 1955, has been used in a variety of situations over the years with various client groups, including criminal offenders. Some of the benefits and limitations of fixed-role therapy with sexual abusers will be discussed. It is suggested that the strengths of some offenders, such as the social skills necessary to succeed at confidence games, be recognized and directed in fixed-role sessions. Illustrations of a number of issues will be drawn from two clinical case examples.     

DOES CORRECTIONAL TREATMENT WORK? A CLINICALLY RELEVANT AND PSYCHOLOGICALLY INFORMED META-ANALYSIS *

Careful reading of the literature on the psychology of criminal conduct and of prior reviews of studies of treatment effects suggests that neither criminal sanctioning without provision of rehabilitative service nor servicing without reference to clinical principles of rehabilitation will succeed in reducing recidivism. What works, in our view, is the delivery of appropriate correctional service, and appropriate service reflects three psychological principles: (1) delivery of service to higher risk cases, (2) targeting of criminogenic needs, and (3) use of styles and modes of treatment (e.g., cognitive and behavioral) that are matched with client need and learning styles. These principles were applied to studies of juvenile and adult correctional treatment, which yielded 154 phi coefficients that summarized the magnitude and direction of the impact of treatment on recidivism. The effect of appropriate correctional service (mean phi = .30) was significantly (p <.05) greater than that of unspecified correctional service (.13), and both were more effective than inappropriate service (?.06) and non-service criminal sanctioning (?.07). Service was effective within juvenile and adult corrections, in studies published before and after 1980, in randomized and nonrandomized designs, and in diversionary, community, and residential programs (albeit, attenuated in residential settings). Clinical sensitivity and a psychologically informed perspective on crime may assist in the renewed service, research, and conceptual efforts that are strongly indicated by our review.     

Criminal attitudes and psychopathic personality attributes of youth gang offenders in Singapore

Gang-affiliated youth are responsible for a disproportionate amount of serious and violent offenses. However, there is scant focus on the psychological variables that could be important for treatment planning and program development. Awareness of these variables is important for treatment planning and program development and also, potentially, for understanding which youth may be attracted to gangs. This study compared the criminal attitudes and psychopathic personality attributes of gang- and nongang-affiliated youth offenders (N=168) residing in youth correctional institutions in Singapore. Multivariate analyses indicated that favorable attitudes toward gangs (ATG), violence, and criminal associates remained significantly associated with gang membership after accounting for favorable attitudes toward violence and criminal associates, as well as increased attitudes of entitlement and impulsive/irresponsible traits. These attitudes were likely to perpetuate gang affiliation and criminal behavior, and thus should be a focus for intervention and rehabilitation efforts.